250 - HISTORY OF STARK COUNTY. 250 officers and men. On the second day's fight it participated in the headlong charge, capturing a flag from the Eighth Louisiana Tigers, and again losing heavily. The regiment went into the battle of Gettysburg about 550 strong, and came out with less than one hundred and fifty men, rank and file. Lieut. Col. Mueller was wounded in the arm. Capt. Steiner, of Company D, was shot through the bowels, from which he afterward died. Adjutant Young, who captured the rebel flag, was severely wounded. Capt. Vignos, of Canton, had his right arm terribly shattered, necessitating amputation, which was not performed, however, until two or three days after the battle. Nothing daunted by the fearful loss, the remnant of the regiment, 111 guns strong, joined in pursuit of the rebel army, following it to Hagerstown, thence to Catlett's Station, in Virginia. On the 1st of August, the regiment was removed on transports to Folly Island, S. C., where it performed picket duty until January, 1864, when it was removed by boat to Kiowah Island. It waded over to Seabrook Island, driving the rebels from that point, and returning to Folly Island, where it remained until the 7th of February, when a similar expedition Was made across Seabrook Island to John's Island, in order to cover the operations of Gen. Gilmore at Olustee, Fla. A lively skirmish was had with the rebels at John's Island. It returned to Folly Island on the 11th of February, and, on the 23d, was taken on transports to Jacksonville, Fla., where it had several light skirmishes' with the enemy. In July it moved to Fernandina, but, a month later, returned to Jacksonville. On the 29th of December, it was taken on transports to Devos Neck, S. C., where it had several skirmishes with the enemy, losing five men killed and about fifteen wounded. It afterward marched to Pocataligo Station, thence to Gardner's Corners, where it did picket duty some seven days. It then with some detention marched to Charleston, S. C., and soon afterward was taken by boat to Georgetown, doing picket duty there until the 23d of March, when it moved to Sumterville, meeting and defeating the enemy, and capturing three pieces of artillery, six horses and fifteen prisoners, with the loss of four men wounded. At Singleton Plantation it met the enemy, and lost two men wounded. Near this point it destroyed considerable railroad property. On the 16th of April, 1865, the news of the surrender of Lee and Johnston reached the regiment. It moved back to Georgetown, and three weeks afterward was conveyed by steamer to Charleston, doing provost duty until July 10, when it was mustered out of the service and sent to Cleveland, at which point the men received their pay, and immediately started with light hearts to meet the loved ones at home, and to receive the warmest thanks of their fellow-citizens. In the One Hundred and Fifteenth Regiment, Companies B, E and F were almost or quite wholly from Stark County, and, in addition to this, about thirty men of Company K were from Massillon, some twenty of Company I from near Alliance, and a few from the county in Company D, making a total of about four companies from "Molly Stark." These companies, were officered as follows: Company B, Lewis F. Hake, Captain; John S. Orr, First Lieutenant; William Pence, Second Lieutenant. Company E, Joseph S. Harter, Captain; J. G. Mohler, First Lieutenant; G. M. Hershey, Second Lieutenant. Company F, Alfred J. Ware, Captain; H. C. Ellison, First Lieutenant; H. C. March, Second Lieu tenant. Company K, William Ramsey, Captain; A. W. Thompson, First Lieutenant; J. N. Campbell, of Stark County, Second Lieutenant. The regiment was organized at Camp Massillon in August, 1862, and was mustered into the service September 18, 1862, by Capt. A. E. Drake, of the Second United States Infantry. The regimental officers were: Jackson A. Lucy, Colonel; Thomas C. Boone, Lieutenant Colonel; Isaac H. Fitch, Major; H. B. Johnson, Surgeon. The regiment was at first 985 strong, received during its term of service over three hundred recruits, and at muster-out numbered 630 officers and men. About the 1st of October, 1862, the regiment was ordered to report to Gen. Wright at Cincinnati, where it arrived on the 4th. Five days later, it was separated in two divisions of five companies each, one under the command of Lieut. Col. Boone, proceed- HISTORY OF STARK COUNTY - 251 ing to Camp Chase, Columbus, to do guard duty, and the other, under Col. Lucy, remaining at Cincinnati, to act as provost guard. The two divisions exchanged commanders in November, 1862, Col. Lucy going to Maysville, Ky., and Lieut. Col. Boone remaining at Cincinnati. Col. Lucy, with five companies of the regiment, was ordered from Maysville to Covington in December, 1862, where the troops did provost-duty until October, 1863, when they were relieved and ordered to report to Gen. Rosecrans at Chattanooga. Reaching Murfreesboro, it was joined by the other division, and was ordered to report to the post-commander for duty. A portion of the regiment was at once mounted, and sent after rebel guerrillas, infesting the country between Nashville and Tullahoma. In June, 1864, that portion of the regiment not mounted was posted in block-houses on the Nashville & Chattanooga Railroad, to prevent the track from being destroyed by the guerrillas. In August, one of the block-houses under the protection of Sergt. Flohr, of Company B, was captured by rebel forces under Gen. Wheeler. Another one, commanded by Lieut. Orr of the same company, was attacked at the same time, but the rebels were handsomely repulsed. Lieut. Orr lost three men killed and seven wounded, out of the detachment of forty men. Soon after this, Company K (mounted) surprised and captured a squad of guerrillas, losing Sergt. Richmond killed and three men wounded. Portions of Companies C, F and G were afterward captured by rebel forces under Forrest. One of the blockhouses was assaulted and surrounded by rebels, and for fifteen days the garrison dared not venture outside. Another commanded by Lieut. Harter was assaulted by the enemy with three pieces of rifled artillery, and, from 9 o'clock in the morning until dark, a continuous fire was kept up, occasioning a loss of two killed and five wounded. Under cover of the night, the garrison withdrew to Nashville. One battalion of the regiment with other troops garrisoned Murfreesboro, when that place was attacked by Gen. Buford. After five hours of hard fighting, Gen. Rousseau repulsed the rebels with heavy loss. The members of Companies B, C, F and G, eighty in number, who had been captured in the block-houses already referred to, and who had been paroled and placed on board the ill-fated steamer Sultana bound for the North,were killed and wounded by a terrible explosion on board the boat. The regiment performed other guard duty in Tennessee until the 23d of June, 1865, when it was mustered out of service by Capt. W. S. Wilson, A. C. M., receiving its final discharge and pay at Cleveland July 7, 1865. Col. Boone, at Cincinnati, had charge of all prisoners, military and political, and of forwarding troops to their respective regiments. He was in command there when the civil and military authorities were brought in conflict. The Colonel refused to obey the writ of habeas corpus issued by Judge Paddock, of Hamilton County, for the delivery of certain deserters to the civil authorities; whereupon a warrant for the arrest of the Colonel was issued, but could not be executed, on account of the guard which constantly surrounded the person of the commanding officer. In July, 1863, Col. Boone called out his battalion to assist in the pursuit of John Morgan, and, in October of the same year, the regiment proceeded to the front, and was assigned to the Fourth Division, Twentieth Army Corps. Although this regiment was thoroughly reliable and 'well-drilled, it was not permitted to be massed on the field at any time. The One Hundred and Sixty-second Regiment, with the exception of one company from Brown County, was wholly from Stark County. The regimental officers were: Ephraim Ball, Colonel; James E. Dougherty, Lieutenant Colonel; Benjamin A. Whiteleather, Major. Many of the men were wealthy or in good circumstances. The regiment was mustered into the 100-day service. in May, 1864, at Camp Chase, when Companies A, C, F and K were assigned duty at Tod Barracks, near Columbus, and the remain- ing companies at Camp Chase, where they remained until they were ordered into Kentucky to assist in repelling John Morgan. The regiment arrived at Covington the day after Morgan's defeat at Cynthiana. Several companies were placed on duty here, and the remainder of the regiment sent down the 252 - HISTORY OF STARK COUNTY. river to Carrolton, which was threatened by Moses Webster's men. Two companies on horses scoured the country, but Webster was "conspicuous for his absence." After a few days, the companies returned to Covington, and performed post-duty. After performing some other service, the regiment, on the 4th of September, 1864, was mustered out of the service at Camp Chase. The One Hundred and Seventy-eighth Regiment had one company (I) or thereabouts from Stark, under the command of W. A. Miller, Captain. The men were recruited for one year's service in the fall of 1864. The regiment was organized by Lieut. Col. A. C. Johnson, at Camp Chase, on the 29th of September, and was immediately ordered to report to Gen. Thomas, Nashville, Tenn. It did guard duty here two weeks, and was then sent to Tullahoma, where Lieut. Poland, of Company B, while scouting with a detachment of men near Manchester, captured John Seal, a noted guerrilla and murderer, executed him without the formalities of a court-martial. During the winter of 1864, the regiment was transferred to Murfreesboro. Col. Johnson was appointed Chief of Artillery, and, during the movement, superintended the transfer of artillery and ordnance; and, while Murfreesboro was besieged by Gen. Hood, the Colonel was Chief of Artillery on Gen. Rousseau's staff. Frequent sorties were made in force from the fort for foraging purposes, under the command of Gen. Milroy, with severe fighting. The regiment under Col. Joab Stafford was closely engaged, on one occasion losing both of its color bearers. In the fight at Wilkerson's Pike, it was with the force Under Gen. Milroy, when two fine twelve-pounder Napoleons and 200 prisoners were captured. After Hood was defeated at Nashville, the regiment was !brigaded in the Third Brigade, First Division, Twenty-third Army Corps, and ordered to North Carolina. It landed at Moorehead City, and, a few days later, participated in a skirmish with the enemy under Gen. Johnston, at Wise's Fork. It joined Gen. Sherman at Goldsboro, and moved with him to Raleigh, and, after Johnston's surrender, was ordered to Charlotte, N. C., where it performed garrison-duty until mustered out of service June 29, 1865. It was finally paid and discharged at Camp Chase, Ohio, July 10, 1865. The One kindred and Eighty-fourth Regiment was recruited to serve for one year, and had one company (B) under the command of Capt. Joseph Allen, from Stark County. It was organized on the 21st of February, 1865, and was ordered to Nashville, Tenn., where it remained a short time doing garrison-duty. It finally moved to Chattanooga, thence to Bridgeport, Ala., which point was reached about the 21st of March, and was engaged in protecting an important railroad bridge over the Tennessee River. It also guarded the track between Bridgeport and Chattanooga, a distance of about thirty miles. While performing this duty, detachments of regiment stationed in block-houses and forts along the road had frequent encounters with the rebel guerrillas and squads of rebel cavalry. On the 25th of July, it was ordered to Edge-field for garrison-duty, remaining here until it was mustered out of service on the 20th of September, 1865. It was paid and discharged at Camp Chase, September 27, 1865. The regiment was a capable one, being largely composed of men who had seen active service in other regiments. Its bravery was not tested On the field of battle. The Third Independent Battery, known as Williams' Battery, and consisting of about thirty men with one gun, was organized under the old militia law before the commencement 'of the war. When the guns of Sumter spoke, Capt. William S. Williams, of Canton, who had gone to Michigan, returned to Canton, and was authorized to enlist volunteers for the artillery service, and his old "gun squad" as a body placed their names upon the roll. Daniel Lanker was First Lieutenant of the squad. The services of the battery were tendered the Governor, who accepted, and the boys were ordered to report at Columbus during the latter part of June, 1861. Here they were united with Capt. Cotter wall about thirty men with one gun, all to be under the command of Capt. Cotter, who outranked Capt. Williams by seniority of commission. The two old guns were exchanged for new six-pound rifled guns; and the battery was HISTORY OF STARK COUNTY - 253 ordered to Gallipolis, where it remained two weeks, drilling and preparing for the field. It was then ordered up the Great Kanawha, and attached to Gen. Cox's division in Western Virginia. It participated in the fight at Scarey Creek, shelling Gen. Wise's forces from their works, and losing one man mortally wounded. The battery had a lively skirmish at Charleston, and captured one gun. Some two months later, it participated in the fight at Hawk's Nest, where one of the Canton boys lost an arm. The battery then moved back to Kanawha Falls, and soon afterward, its term of enlistment (three months) having expired, Gen. Cox requested the boys to remain until they were relieved, which they accordingly did. In November, they were ordered to Columbus, where they were mustered out and sent home. Capt. Williams returned to Canton to recruit for the three years' artillery service. He secured about eighty men and F. J. Myers, of Canton, and W. J. Mong, of Minerva, about as many more —in all 161—and, in February, 1862, the company was ordered to Camp Denison, where the following officers were elected: William S. Williams, Captain; W. J. long, Senior First Lieutenant; F. J. Myers, Jun ior First Lieutenant; W. G. Watson, Senior Second Lieutenant; Thomas J. Blackman, Junior Second Lieutenant. Here the battery was provided with four six-pound rifled bronze guns, and two six-pound smooth-bore bronze guns, together with all necessary accouterments, horses, etc. In March, the battery was ordered to Benton Barracks, St. Louis, Mo., where it remained until about the 1st of April, when it was conveyed to Pittsburg Landing, arriving there Sunday night at the close of the first day's battle. As the boats approached the place, thousands of wounded, frightened and desperate men lined the river bank. Some had concealed themselves at the extreme edge of the bank, clinging to roots or anything that would support them. Here it is said originated the army expression "grab a root." The sight was sickening. Scores of surgeons were busily engaged amputating limbs that were piled in heaps on the bank. Strong men grew white as death at the dreadful scene. Capt. Williams inquired for the commanding General, but no one seemed to know where he was. The Captain pressed one of the superior officers for orders, and the latter at last impatiently exclaimed: "Oh just go out here anywhere; it's no trouble to find. good shooting." Accordingly the guns were taken ashore, and everything got in readiness for the conflict of the morrow. The day dawned, and the battery assisted in driving the rebels back in full retreat. Soon afterward, the battery assisted in the siege and capture of Corinth and at the battle of Iuka. It moved with Gen. Grant in the first advance toward Vicksburg; but fell back when the base of supplies was cut by Forrest. At Memphis the boys received new clothing, etc. About the 1st of February, 1863, the Third Battery moved with Gen. Grant to Grand Gulf, below Vicksburg. Some time before this Capt. Williams, for gallant and meritorious service, was made Acting Chief of Artillery of Gen. Logan's Division, the appointment being confirmed in August. This gave him rank equivalent to Brigadier Generalship. After this he was the intimate friend and associate of corps, division and brigade commanders, and was considered by these officers as Bonaparte considered Marshals Murat or Ney. He was held in reserve until the crisis of the battle, and then his powerful brigade of artillery was thrown to the most difficult position, and never failed to command the admiration and congratulations of superior officers by the consternation it cast in the ranks of the enemy. Capt. Williams received the highest commission possible in the artillery service. The battery participated pated in the artillery fight at Raymond, Jackson and Champion Hills. At the latter place, it went into an advance position on the gallop, within about seven hundred yards of a heavy , rebel battery, which did not perceive his approach. Capt. Williams noticed that his men were nervously impatient, and to cool down their temperature quietly issued his orders between the puffs of his pipe, which he slowly lighted with a sun-glass. When this was accomplished, the men had been told to throw their shells into the rebel battery—every shot to be cast under an apple-tree in the center of the enemy's battery. At the 254 -HISTORY OF STARK COUNTY.    word every gun belched forth its missiles of death, repeating the volley again and again with dreadful results. Nothing of the rebel battery escaped, save a limber and two horses, all else, except a few prisoners, being torn to pieces by the shells. The six guns captured here were turned over to Company F, of the Thirty-second Regiment, which afterward became the Twenty-sixth Ohio Battery, and which contained about fifteen men from Stark County. At this battle, Capt. Williams with four batteries formed a V to check the rapid advance of seven regiments of rebels. Canister from the twenty-four guns was thrown into the advancing ranks, which retreated in disorder. A fence which was standing directly in the way of, this destructive volley went down as though stricken by a tornado. The battery entered Vicksburg on the 4th of July, and soon afterward moved with Sherman against Meridian, participating in the fights at Clinton, Jackson and Meridian, losing several men killed and wounded. It returned to Vicksburg, where it remained until the spring of 1864, when it was ordered out to participate in the Atlanta campaign. It was supplied with new twenty-pound Parrott guns at Vicksburg. It moved first to Cairo, thence up the Ohio and Cumberland Rivers, and finally marched across the country to Huntsville, Ala., thence to Rome, Ga., joining' Gen. Sherman's army at Big Shanty. At this time, it was in the Seventeenth Corps, then commanded by Gen. Frank Blair, and operated with it 'at Kenesaw Mountain and Nicojack Creek. On the 22d of July, at Leggett's Bald Knob, it was engaged from 11 o'clock A. M. until 'sundown. This was one of the hottest engagements it was in during the war. The battery was attacked from all sides, and often the men fought hand to hand. Capt. Williams lost one of his, guns; and here it was that,- as stated by one of the Generals at a late re-union: " Capt. Williams cried like a child." In fifteen minutes the gun was re-taken. Those were the kind of men belonging to the Third Battery, and those were the kind that quelled the rebellion. The battery was supplied with new guns at Atlanta, and moved back to Nashville with Gen. Thomas, but before this it took part in the fights at Jonesboro and Lovejoy Station. After the battle of Nashville, it was transferred to Fort Donelson, where it remained some three months, and was then ordered to Camp Taylor, Cleveland, and mustered out of the service August 1, 1865, and the brave boys remaining returned to their homes. The battery lost some fifty men during its service. Capt. Williams was presented with a fine gold-mounted saber, belt and sash by the members of his company; and, while at Vicksburg, was presented with a miniature Parrott gun cast from rebel projectiles by the members of his battery, in one of the foundries at Vicksburg. Capt. Williams is at present Vice President of the Society of the Army of the Tennessee, a fine and merited compliment to a brave man. This closes the brief and imperfect sketches of the regiments containing a considerable number of Stark County men. Two weeks of continuous labor have been spent to improve the sketches as given by Whitelaw Reid, and to furnish additional matter of interest to the citizens of the- county. History at best is but a partial narration of particulars, and this will answer as- an apology for whatever imperfections are found in these pages. This chapter cannot be properly closed without reference to the great re-union held in the city of Canton on the 1st of September, 1880. It was determined the year before to hold the next meeting of the Grand Army of the Republic at Canton, and from that time onward preparations on a gigantic scale were begun and executed by select committees appointed for the purpose. Mr. C. Aultman was selected "as President; Joseph Biechele and Jacob Miller, Vice Presidents, and an extensive bureau of committees was appointed for the ensuing year. During the winter of 1879-80; through the agency of a loan and bureau association, about $2,500 were realized. Other means were employed, and, at last, when the great day came, some six or eight thousand dollars had been accumulated. The citizens of the county decided to give a grand free dinner at the fair grounds, and, to meet the occasion, over twenty-five thousand feet of lumber were used in constructing tables, seats, etc., and that portion of the grounds HISTORY OF STARK COUNTY - 255 inclosed by the track was almost wholly taken up by these tables. The day dawned bright and clear, and the citizens were aroused by the roll of drums and the report of cannon. The business portion of the city and a large number of private residences were one grand profusion of evergreen boughs, flags and decorations. Almost the whole county turned out for the occasion, and it is said 40,000 strangers were in the city. The following distinguished persons were present: President and Mrs. Hayes, Gen. Garfield, Gov. Foster, Ex-Gov. Bishop, Gens. Sherman, Hazen, Devens, Crook, Carroll, Kennedy, Gibson, Heckenlooper, Meyer, Poe, Leggett, Barnett, Robinson, Beatty, Voris, Manderson, Wiley, Com. Wells, Col: Corbin, Hon. Stanley Matthews, Webb Hayes, Hon. Amos Townsend, Maj. Goodspeed, Col. Dewstoe and several others. During the forenoon the procession was formed as follows: Maj. Gen. Samuel Beatty and Staff. Grand Army Band. Wallace Grays. Open landeau, drawn by four white horses, contain- ing President Hayes and suite. Two open carriages, with Gen. Garfield, Ex- Gov. Bishop, Maj. McKinley, and other prominent offi- cers and citizens. Twenty-third Regiment O. V. I. [140 men]. Gibraltar Brigade [65 men]. Greentown Band. Third Battery. Carrollton Band. Thirty-second Regiment O. V. I. [50 men]. Companies I, K and F, Seventy-sixth Regiment O. V. I. [100 men]. Ninety-eighth Regiment [50 men]. First Regiment O. V. I. [3 men]. Mechanics' Band, of Youngstown. Eighth Regiment O. N. G. Band. Nineteenth Regiment O. V. I. [250 men]. New Berlin Band. Wooster Guards. Thirteenth Regiment [40 men]. Navarre Band. Fifteenth Regiment Veteran Drum Corps. One Hundred and Seventh Regiment [154 men]. Knights of Pythias Band, of Cleveland. Detachments of the Eighth and Eighty-seventh Pennsylvania Regiments. Cuyahoga County Soldiers' Union [500 men]. New Philadelphia Drum Corps. Mansfield National Band. One Hundred and Twentieth Regiment [22 men]. Fifty-first Regiment [6 men]. Second Iowa [3 men]. Seventh Regiment [several men]. Hancock Legion [150 men]. Fay's Cornet Band, of Cleveland. Congress Band. Sixteenth Regiment [25 men]. Dalton Band. Forty-first Regiment [60 men]. Fifth Regiment [colored, 15 men]. Leetonia Band. One Hundred and Fifteenth Regiment [300 men]. Dover Drum Corps. Sixth Ohio Battery [8 men]. Massillon Drum Corps. One Hundred and Fourth Regiment [250 men]. Alliance Band. Richville Band. Sherman's Brigade [250 men]. Canton City Band. Alleghany Veteran Corps [75 men]. Veteran Fife Corps. Massillon City Band. Beaver Falls Drum Corps. Beaver Falls Veterans [60 men]. Uniontown Band. Akron City Band. One Hundred and Second Regiment [several men]. The war eagle "Old Abe." Steele Cadets, of Wooster. East Liverpool Band. East Liverpool Veterans [100 men]. Members of the Eleventh Pennsylvania Cavalry, Twenty-eighth, Fourth and Eleventh Penn- sylvania Infantry. Citizens in Carriages. This splendid procession was over an hour in passing a given point, and on its march was accompanied by thousands of the citizens. At the fair grounds the vast assemblage partook of the dinner prepared. Each township had a separate table, ornamented with a large maltese cross at its center, upon which was the name of the township. Five steam engines were used in forcing the water from twenty-one pumps, the water to be used for cooking purposes. About four hundred waiters ministered to the wants of the public, and the distinguished persons were distributed around among the townships, so that none of the latter would be left out in the cold, as it were. Mayor Valleley delivered the welcoming speech, and Gen. Kennedy replied on behalf of the visitors. Then the great men of the nation were brought forward, one by one, and introduced, and were greeted by the vast assemblage with loud acclamations and thundering cheers. Speeches were delivered by the following persons in about the order given: President Hayes, Gen. Garfield, Gen. W. T. Sherman, Hon. Stanley Matthews, Gen. 256 - HISTORY OF STARK COUNTY. Wiley, Ex-Gov. Bishop, Maj. McKinley, Gov. Foster, Gen. Voris, Gen. Devens, Gen. Crook, Senator Sullivan and others. At night, on the square in Canton, $500 worth of fireworks, in charge of an experienced man from New York, were exhibited to 25,000 people. The crowd present during the day was the largest ever in Canton. Although the costs were very great, yet, so great had been the effort, that the citizens found they had left about $1,000, which has since been subscribed to the monument fund. It may be said, in conclusion, that the citizens, generally, celebrate Decoration Day in a fitting manner. Some distinguished speaker is obtained, who reviews the achievements of the honored dead, and demonstrates that their death was not in vain. The silent mounds of sod are lovingly decked with sweet blossoms, and over the precious dust of the dead heroes waves the bright banner they died to sustain. Let us not forget them, but place their names, like jewels in memory's golden urn, to be treasured in everlasting remembrance. It is sad, though glorious, to think of the noble lives sacrificed on the bloody altar of secession; but we forgive it all, and accept the advice of the sweet singer: "From the silence of sorrowful hours The desolate mourners go, Lovingly laden with flowers, Alike for the friend and the foe. Under the sod and the dew, Waiting the judgment day, Under the roses the Blue, Under the lilies the Gray." CHAPTER VI.* THE COURT AND -BAR— COMMON PLEAS—ASSOCIATE AND PRESIDENT JUDGES— LAWYERS, PAST AND PRESENT. on Tuesday, the 18th day of April, 1809, the first Court of Common Pleas was held in Stark County, at the house of Philip Dewalt in Canton. Present, the Hon. Calvin Pease, President Judge ; Thomas Latimer, James Campbell and George Bait, Associates. Under the Constitution of 1802, Section 1 of Article 3, it was provided that : " The judicial power of this State both as to matters of law and equity, shall be vested in a Supreme Court, in Courts of Common Pleas for each county, in Justices of the Peace and in such other courts as the Legislature may from time to time establish." Section 3d of the same article provided that the Courts of Common Pleas should consist of a President and Associate Judges, * * * * not more than three nor less than two Associate Judges, who, during their continuance in office, should reside in the county for which they were appointed. The terms of the Courts being established annually by the General Assembly, the Common Pleas met pursuant to an act fixing the times of holding the courts throughout the State, the county of Stark being then in the Fourth Judicial Circuit. On the 19th of April, 1809, John Harris was * Contributed by R. H. Folger. appointed Clerk ; William Raynolds, Jr., Deputy, and John Sloane, Recorder. As a matter of history, although not germane to the subject, it is proper to state Mr. Sloane subsequently removed to Wooster in the County of Wayne, was Colonel of a regiment in the war of 1812, and served ten years in the National House of Representatives, retiring from public life on the 4th of March, 1829, having been defeated in the election in 1828, by Gen. John Thompson, of Columbiana, which county with Stark and Wayne constituted the district. In 1826, Col. Sloane was elected for the last time, Stark County giving him the preponderating vote and a majority in the district of ninety-six votes. He was, however, elected Secretary of State by the Ohio Legislature and was United States Treasurer under the Fillmore Administration. On the 19th of December, 1809, William Raynolds, Jr., Esq., was appointed Clerk of the Court of Common Pleas, and held the office until December 19. 1816, being the full period of seven years, when he received the appointment of Clerk pro tem., which he held until April 2, 1818, when he was re-appointed Clerk, and held the office until November 6,1824, when John Myers was appointed Clerk pro tem., and held the office until HISTORY OF STARK COUNTY - 257 the 24th of June, 1825, when he was appointed Clerk. Mr. Harris, the first Clerk of the Court, was afterward, in 1812, elected Associate Judge. After the expiration of his official term, he studied law ; was admitted to practice about the year 1819, and was prominent, as a member of the bar, for near forty years ; was twice elected to the House of Representatives in the General Assembly of the State of Ohio. On retiring from the practice of the law, he removed to Omaha, Neb., where he died in October, 1863, at the age of eighty years. His remains were brought to Canton and were deposited in the beautiful cemetery west of the city. William Raynolds, Jr., Esq., his Deputy Clerk and successor, was one of the most active of the business men and pioneer settlers, and was foremost in every public enterprise ; liberal and generous, he commanded and enjoyed the esteem of all who knew him ; he died in 1829, at the age of forty years. By comparing dates, it will be seen that he was made Clerk of the Courts as soon as he was eligible. The President Judge, Hon. Calvin Pease, afterward Judge of the Supreme Court, came into the State about the time it was admitted into the Union, and settled in the County of Trumbull, where he continued to reside until his death, in 1841. He was an able lawyer and upright Judge, as all who knew him will bear witness. His repartee was so habitual that he could scarcely restrain it on the bench, even in pronouncing the opinion of the Supreme Court in bane, as the earlier volumes of the Ohio Reports occasionally show. The increasing population of the State and consequent increase of new counties rendered a corresponding increase of circuits and judges necessary, and in 1810 Stark County was placed in a Judicial Circuit with Belmont, Jefferson, Tuscarawas and Columbiana, and on the 17th of April, 1810, court was held by Hon. Benjamin Ruggles and the Associates. Judge Ruggles continued on the circuit until October 10, 1815, when Hon. George Tod appeared as President Judge. Meanwhile, March 7, 1812, John Harris had been elected an Associate Judge in place of Thomas Latimer, and February 24, 1814, James Clarke in place of George Bair, and in 1815, August 7, John Hoover and Samuel Coulter were Associates. While Hon. George Tod was President Judge, he held court but one year in this county and with him was associated the late Hon. William Henry as one of the Associate Judges. Judge Henry came into what is now Stark County in 1807, immediately after that portion of the county known as the " new purchase," which is that portion west of the Tuscarawas River, and is included in the Treaty of Fort Industry made in 1805, was acquired by that treaty, and assisted in the surveys of the tenth, eleventh and twelfth ranges. After his term of service as Associate Judge expired, he was elected to the House of Representatives in the State Legislature, and discharged his duty faithfully. After serving the people in that capacity, he went into business as a merchant and was successful. On retiring from business, he removed to Wooster and resided there until his death. Judge Tod was a profound lawyer, an eminent jurist, and left a record as an upright Judge of which no superior can be found in the State. The constant changes of county lines and the formation of new judicial circuits had by this time put Stark, Columbiana, Jefferson, Harrison and Tuscarawas into a circuit, and Hon. Benjamin Tappan was elected by the Legislature President Judge, who held the place for the full term of seven years, from 1816 to 1823. On leaving the bench, he published a volume known as Tappan's Reports, which adorns the shelves of lawyers' libraries all over the State. No mere sketch of his life here could do justice to him. It will only be when the lives of Ohio's eminent and truly great men shall be written that the name of Benjamin Tappan, the jurist and statesman, will have its proper place on the historic page, nor will any history of Ohio approximate correctness without it. During the President Judgeship of Tappan, the following gentlemen were his Associates : James Clark, of Sugar Creek, and Thomas Hurford and George Stidger, of Canton, all of whom were of the pioneer settlers and of a character and class to build up and improve the new country. Judge Clark was a farmer, and the others farmers and merchants, owning some of the best and now the most valuable land in the county. In 1823, Hon. Jeremiah H. Hallock, of Steubenville, Jefferson County, was elected President Judge and re-elected in 1830, and served the two full terms of seven years each, during which periods the following gentlemen were Associate Judges : Hon. William Christmas, merchant, of Canton, 258 - HISTORY OF STARK COUNTY. who had studied law and been admitted to practice. James Clark, already referred to. John Kryder, of Plain Township. Jacob Hostetter, of Minerva, Paris Township. John Everhard, Massillon, Perry Township. Harman Stidger and Eli Sowers, of Canton. Peter Loutzenhiser, of Plain, and Jacob Miller, of Massillon, all of whom are dead save Judge Loutzenhiser, who now resides in Plain Township at his old homestead with the wife of his youth, both of whom have long since passed fourscore years, and are in the enjoyment of excellent health. Judge Hallock is remembered by the writer as a man of stern uprightness and Christian character, and as judge laid down his judicial robes as unsullied as when he first assumed them. Judge Stidger remained on the bench but a short time, when he resigned and was elected Clerk of the Court, which office he held for the constitutional term of seven years. The other gentlemen held their offices for the full term, except Judge Miller, who died in 1843, before his term of service expired ; they were all of the best men in the county that could have been selected for the place, and those who survive them may point to their record with just pride. During the seven years that succeeded Judge Hallock's term of service on the Common Pleas Bench in the Fifth Circuit—the Legislature having at the session of 1816-17 changed the number—was occupied by the late Hon. George W. Belden, with whom the writer became acquainted in the then village of Massillon in 1828, Mr. Belden being at that time a clerk in a store at that place, having left a printing office in Middlebury, Portage, now Summit County—the office of the Portage Journal, a weekly newspaper, edited by Messrs. Bowen & Mason. Mr. Bowen and Mr. Belden abandoned the "art preservative", about the same time, Mr. Bowen to study law, and commence practice at Marion, and was finally elected a Supreme Judge. Mr. Belden, after fulfilling his engagement in the store at Massillon, worked for a short time on the Ohio Repository. The writer well remembers seeing him work off the paper on a Ramage press and also at work at case in that office. He commenced the study of medicine and surgery, with Dr. Marlin Johnson, of Middlebury, and after perhaps a year's study, he abandoned that, and took up Blackstone and Chitty, finished his studies and went into partnership with Hon. John Harris already referred to. While in that partnership, he was elected Prosecuting Attorney, which office he held two terms, when he was elected President Judge, through the influence of Hon. D. A. Stark-weather, then a prominent member of the Stark County bar. Judge Belden at once saw and realized the responsibility of his position. The bar of Stark County, in those days proverbial for its strength, had Harris, who was the Nestor of the brethren, having then been at the bar nearly twenty years ; Hon. Hiram Griswold, now of Leavenworth, Kansas ; Loomis & Lahm, Starkweather & Jarvis, E. P. Grant, Samuel Pease, and many others referred to particularly hereafter, whose names adorn the Ohio, and Ohio State Reports, in addition to whom were lawyers from the neighboring circuits ; from Wooster, Hon. Edward Avery and Levi Cox, and many more whose names have passed from memory. In Columbiana, the late Judge C. D. Coffin, whose recent death at Cincinnati calls up memories of the early days of the bench and bar in the circuit, Brewer, Mason, W. D. Ewing and Russell. At Steubenville, the Brothers Collier, Wright, Goodenow and Tappan ; at Cadiz, Harrison County, a bar at the head of which was the honored Chauncy Dewey, and W. B. Beebe; at Carrollton, which became a county seat in 1832, Johnson, better known in Ohio now as Bill Johnson, since Judge of the Superior Court of Hamilton County ; John Pearce,- since President Judge, and one of the most accomplished gentlemen and scholarly lawyers in the circuit, and Stanton, afterward the great war Secretary, who, although a. resident of Steubenville, seldom failed to be at Carrollton at court, while New Philadelphia., in Tuscarawas County, seemed to be a focal point at which the lawyers from the entire circuit, and also from the counties of Holmes, Coshocton and Muskingum, gathered, at the Common Pleas and Supreme Courts. At the head of the Tuscarawas County bar was Joseph C Hance, Esq., where he yet re- mains, honored and respected, the senior member of the bar in that county. With that-array of talent and legal learning before him, ready to take exceptions to his rulings, did the youthful Judge enter upon his seven years of official duty. So youthful was his appearance that his official title seemed misapplied. He, however, HISTORY OF STARK COUNTY - 259 served the full term, and at the close of which, the bar of the circuit felt that he had discharged his duty faithfully. He was succeeded by Hon. John Pearce, of Carrollton, who took his seat as President Judge of the Fifth Judicial Circuit in Stark County, April 15, 1844, and held the position until 1851 ; was then re-elected and held until 1852; when the Judges elected under the present constitution of Ohio took their seats and the judicial system of Ohio underwent an entire change. Instead of a Common Pleas Court with four Judges, one learned in the law and three country gentlemen, the Common Pleas was reduced to one Judge, who must be learned in the law, and instead of the Supreme Court meeting annually in each county, two out of the four judges composing the court, the Constitution provides for a District Court, that must be composed of three Judges of the Common Pleas of the judicial district, and one Supreme Judge, any three of whom shall form a quorum, for the transaction of any business within the jurisdiction of the court. During the terms of service by Judge Pearce from 1844 to January, 1852, Daniel Raffensperger was Clerk and Hon. Messrs. John W. Greenwood, James S. Kelley, Samuel Schrantz, James Hazlitt, David Welker and Thomas Blackburn, the last of whom with Hon. Peter Loutzenhiser, already noticed, are all of the Associate Judges who remain in Stark County, as landmarks of the old Constitution of Ohio, and of the judicial system organized under its wise provisions. At the first election for Judges under the new Constitution, adopted in 1851, Judge Belden was almost unanimously elected Common Pleas Judge of the first subdivision of the Ninth Judicial District, composed of the counties of Stark, Columbiana and Carroll ; he held the office about two-thirds of the term of five years, when he resigned and Hon. John Clarke, of New Lisbon, was appointed by Gov. Medill to fill the vacancy until the time for an election should arrive. On his resignation, Judge Belden returned to the bar and immediately went into a lucrative practice, in which he continued until his death in 1869. As a lawyer, including, all that is understood by the term, Judge Belden had few equals and certainly no superior in this section of Ohio, and at his death left many warm friends who will ever cherish his name and memory. At the expiration of Judge Clarke's term of service, which was at the election following his appointment, to fill the vacancy, Hon. Lyman W. Potter, of New Lisbon, was nominated and elected for the full term. He held the office until some time in the year 1858, when he resigned and Hon. Jacob A. Ambler, of Salem, Columbiana County, was appointed and held until the next annual election, when he was elected for the - unexpired term of Judge Potter, and in October, 1861, was elected for a full term of five years, when he was succeeded by Hon. Joseph Frease, of Canton, who served two full terms, when he was succeeded by Hon. Seraphim Meyer, who is now closing his first term. Since the adoption of the present constitution of the State, the judicial force in several of the districts has been increased by special acts of the Legislature. The first subdivision of the Ninth District was authorized by special enactment to elect a Judge, and Hon. John W. Church, since deceased, was elected, and before his term of service expired the act was repealed. An increase of business in later years rendered it again necessary for an increase of Judges for the district, and the Legislature re-enacted the former law, and Hon. Peter A. Laubie, of Salem, was elected and is now serving his second term of five years, he having the counties of Columbiana and Carroll, and Judge Meyer the county of Stark. Stark County may be said to have been favored in her Judges. Since the people have been authorized to elect, the wisdom of the provision in the constitution of 1851, allowing them to do so, has been fully justified by the selection of worthy men to fill all the judicial positions in the county. The wisdom of the measure was very much doubted, but with rare exceptions the result has been favorable, and few if any would be found to go back to the old mode of electing Judges, which was by the Legislature on joint ballot of the- Senate and House of Representatives. The Associate Judges to whom reference has been made could come together as a " Called Court," and attend all probate and testamentary business, appointing executors, administrators and guardians, and in that respect facilitated business which otherwise would have had to remain for the stated terms of the Court. Up to about 1845, the Supreme Court on the circuit had exclusive jurisdiction in divorce, when by act of the General Assembly the power to 260 - HISTORY OF STARK COUNTY. divorce was given to the Common Pleas. The Legislature also used to exercise the right to annul the marriage contract until Judge Read in a most able opinion in the Supreme Court in bane took the power away from that body. These matters, having had the attention of the bench and bar of the State, are deemed worthy of a brief consideration here. As already noticed, the first Court of Common Pleas was held on the 18th of April, 1809. The first case on the docket was that of James Pearce and others, plaintiffs, against Isaac Van Meter, defendant. The action was debt, $42 ; damages, $40. The law's delay was as apparent then as in later days, as judgment was not rendered until the April term, in 1810, when the plaintiffs recovered against the defendant a judgment on default for $42 debt and $24.72 damages, and $9.74 costs, $6 of which was a docket for the plaintiffs, attorney. At the close of the entry on the appearance docket are the words, " and defendant in mercy," then follows : " Ca. sa. issued to August, 1810." In those days there was imprisonment for debt in Ohio, and whether the ca. sa.—capias ad satisfaciendum- was ever returned with the body of the defendant, the record does not show. Potter, supposed to be Horace Potter, of Columbiana, attorney for plaintiffs, and Obadiah Jennings, of. Jefferson County, for the defendant. The first term of the Court lasted just long enough to transact the following : " At a Court of Common Pleas, begun and held for the County of Stark," after reciting the time and place, " Ordered, that John Harris be appointed Clerk pro tempore to this Court until a permanent Clerk be appointed. Ordered, that Sampson S. King be appointed Prosecuting Attorney until a permanent appointment be made. " James Leeper vs. Hamilton J. Hamilton. Bill in Chancery. This day came the plaintiff by his attorney, and the Court, on hearing the petition read, Ordered, that the pendency of this petition be published in the Western Herald,- printed in Steubenville, and that a subpoena issue directed to John Cox* of Brooke County, Virginia, returnable at the next term, to be by him served -on the defendant. Ordered, that the Court do now adjourn sine die. " CALVIN PEASE, President." The next term of the Court was held on the 15th day of August, 1809, by Judge Pease, President, and Judges Latimer and Bair. At this term a grand jury, and the first in Stark County, was impaneled and William Nailor appointed foreman, " and the jury having received the requisite documents retired to their room." A " traverse " jury that had been summoned appeared, but, there being no business- for them, they were discharged. Several journal entries were made occupying the time of the Court one day, including the labors of the Grand Jury, who " came into court and made no presentments." They returned an indictment in the case of the State of Ohio against George Stidger, indorsed " Not a True Bill." The fellowing entry of a part of the proceedings of that term is deemed worthy a place in this history : JOHN SLOANE vs GEORGE THOMPSON. This day came the plaintiff by his attorney and thereupon came John Shorb, who acknowledged himself special bail in this case in the sum of $256, to be levied of his goods and chattels, lands and tenements, conditioned that the said George- Thompson shall be and appear before the court at their December term next, and that if judgment be entered against him he will pay the debt and cost or render his body in execution. The names of Jennings, Tappan, King, Ma- son, Edgington, Wright—Hon. J.. ., afterward Supreme Judge—and Reddick, are the names of practicing lawyers who appear of record on the first appearance docket of Stark County Common Pleas, and which contains all the appearances entered from the organization of the court to January 21, 1812. The journal of the court furnishes the names of many distinguished lawyers residing in neighboring counties, but the names of Roswell M. Mason and Sampson S. King are all who appear as those of resident lawyers until after 1815. The old Supreme Court of Ohio, who shall write its history and do it justice ? In preparing historical sketches of a single county, the history of the old Supreme Court from its organization would be out of place. So far as its labors in separate counties have become a part of the history of each county, a brief mention may be made. On the adoption of the constitution of 1802,the Supreme Court of Ohio consisted of three Judges, the Legislature having the power to increase the number to four, two of whom were required to hold court in every county, once in each year, the court was required by law to divide the HISTORY OF STARK COUNTY - 261 State into two districts, the eastern and western, and the Judges were assigned by agreement among themselves to the districts, which arrangement continued for many years and until the Judges made other arrangements relieving each other, the court being constantly in session in some portion of the- State, until the organization of the Supreme Court in bane, which was held at Columbus, by all the Judges. The twenty volumes of the Ohio Reports are the result of the faithful labors of that body as a court in bane and which have made Ohio the " Land of the Law." The Judges were elected for seven years, and from 1802 to 1851, almost a half century, the Supreme Court of Ohio not only commanded the respect of the bar of the State for the uniformity of its decisions, but of the neighboring States and the highest judicial tribunal in the land, the Supreme Court.of the United States. Over the expiring embers of the old Supreme Court of Ohio, in the year 1851, under the provisions of the new constitution, the present Supreme Court came into existence, and, while inadequate in point of numbers to meet the needs and demands of the State, —has vindicated its industry in thirty-five well filled volumes of Ohio State Reports. Of the old Supreme Court but three of the Judges yet remain ; the honored names of Collett, McLean, Sherman, Pease, Burnett, Hitchcock, Wright, Lane, Grimke, Birchard, Reed, Wood, Spalding, Caldwell and Ranney, the last three of whom are the surviving members, will, with the names of those which may have been here overlooked, always grace the history of the Supreme Court of Ohio. and their memories ever be kindly cherished by the bar of the State. Most of the Judges above named have held court in this county and are well remembered by the older members of the bar who yet remain after forty years' practice. Among the early members of the bar, in addition to those already named, is Luther Blodgett, who went to Lawrence Co., Ohio, where he continued to reside and practice until his death. In 1816, in what was then a celebrated case, that of Moses Gleason against Nathaniel Skinner, an action to recover damages for uttering and publishing certain malicious, false and slanderous words of and concerning the plaintiff, was the first appearance of James W. Lathrop. He was associated with Mr., afterward, Judge Hallock, for the plaintiff; for the defendant, Wright and Goodenow. In this case the late Gen. Samuel Stokely, also of counsel for the defendant, made his maiden speech, having just been admitted to practice. The slanderous words were, " Moses Gleason is a thief, he stole my hay on the wild meadows." In those days the wild meadows in the northeastern part of Perry Township were resorted to for hay. They were Government lands, and people, especially " new corners " who had not been able to clear up their own land and raise food for their cattle in winter, relied on them. Mr. Skinner had cut and cocked up several tons of hay, some of which was taken, and he charged Gleason with the larceny. From the well known ability of the counsel employed, the case must have been most ably tried. In the list of witnesses appear the names of Thomas A. Drayton, Aaron Chapman, Nathaniel Ray, Edward Nelson, Matthew Macy, Alexander Johnson, and many others whose names appear also among the pioneer settlers of Perry and Jackson Townships. From 1816 to 1829, the bar of Stark County did not increase rapidly in numbers. As nearly as can be ascertained, John Harris, Loomis & Metcalf, James W. Lathrop, Almon Sortwell, who died in 1840, David A. Starkweather, Sanders Van Rensselaer and Hiram Griswold composed the number, all of whom, except Mr. Griswold, have passed away. Messrs. Loomis & Metcalf graduated together from the same college, the Union College, of Schenectady, New York ; selected law as a profession, were admitted to practice at the same time, formed a partnership, and came to Canton, where they practiced as partners for many years, when Metcalf moved to Pittsburgh, and Loomis to New Lisbon; the partnership still continuing, the Ohio branch being under the control of Mr. Loomis, and the Pittsburgh branch managed by Mr. Metcalf. Mr. Loomis continued to practice in Stark County for many years, and when the late Gen. Samuel Lahm came to the county-, he at once formed a partnership with Mr. Loomis, which lasted for several years, and until Mr. Loomis joined his life-long friend and partner in Pittsburgh. The firm of Loomis Sr Metcalf continued until dissolved by the death of Mr. Metcalf. Mr. Loomis continued in practice at Pittsburgh for many years, and finally removed to Cleveland, where he died a few years since. He was a 262 - HISTORY OF STARK COUNTY. man of rare ability and learning, and commanded the respect of the bench and bar in all the courts in which he practiced, including the Supreme Court of the United States. During his residence at New Lisbon, he was elected to Congress to fill an unexpired term, and after that election steadily refused sail political preferment. Mr. Van Rensselaer was of the family of that name in the State of New York, a gentleman of fine attainments, but did not remain in the practice after 1829. Mr. Lathrop, whose name appears more prominently in the sketches of the State system of Common Schools, was prominent as a lawyer until January, 1828, when, as will be remembered, he died at Columbus, during his term of service as Representative in the State Legislature. In the year 1829, Hon. Hiram Griswold, above referred to, was admitted to practice at Bucyrus, in Crawford County, after the proper course of study with the late Hon. Van R. Humphrey, of Hudson, then in Portage County, now in Summit. On coming to Canton, Mr. Griswold at once took a prominent place at the bar, and largely enjoyed the confidence of the people of the county, from whom, had he remained in the county, he could have had any political preferment from the county or Congressional District. About the year 1852, he removed to Cleveland, where he was at once elected to the State Senate, but not feeling satisfied with his prospects there, removed, after a few years, to Leavenworth. During his residence in this county, he was Reporter for the Supreme Court of Ohio six years, and came within one or two votes of being elected United States Senator, at the time of the late Senator Wade's first election to that body. During his . long and active practice, he has always ably sustained himself. About the time Mr. Griswold settled in Canton, Luther L. Foote, Esq., a young lawyer and scholarly gentleman, came to the then little village of Massillon, the ground plat of which, but three years before, was covered with the leafy honors of the forest, and opened an office. He was a graduate of Yale. He, however, did not, nor could succeed as a lawyer, and left to seek " fresh fields and pastures new " in the Sunny South, since which time it is not known that he has been heard of by anybody in this county. In 1831. Gen. Dwight Jarvis, who had, in 1822, finished his professional studies at Canton, and located in Athens, Athens County, Ohio, returned to Canton, and formed a partnership with Mr. Starkweather which firm almost immediately took the lead in the business of the county. Mr. Jarvis was one of the most careful managers of the details of the business of a law office that has ever been in the county, while Mr. Stark-weather, fond of his ease and a fox-hunt, would have Mr. Jarvis prepare the cases, and he, Mr. S., would try them. This firm lasted eleven years, until the spring of 1842, when the late Hon. Alexander Bierce became a member of the partnership, its style being Stark. weather, Jarvis & Bierce. Mr. Bierce had been in practice in Massillon near three years, when he was tendered an equal partnership in the old established firm, and continued a member until 1848, when the senior partners withdrew from practice, and a partnership was formed by Mr. Bierce and Hon. Anson Pease, of Massillon, which continued twenty-four years, when it was dissolved, by the death of Mr. Bierce, of whom it may be well said, he was a lawyer." Few men who practiced in the courts of Ohio ever commanded more attention than did Alexander Bierce. He was a man of fine analytical mind, unyielding integrity, and a thorough knowledge of the law applicable to his cases, he was rarely overruled in the Supreme Court, as the reported cases in which he was of counsel fully show. The respect entertained for him by his brethren of the bar was exhibited by one of the largest bar meetings ever held in the court house, at the time of his death, at which resolutions of a most complimentary character were passed, and spread in the journal of the court. Among the members of the Stark County bar who have gone hence, none are remembered in more kindness than Hon. David A. Starkweather. From the year 1827 to the last day of his residence in Stark, County, near forty years, it can safely be said of him he never had an enemy. Always a Democrat of the straightest sect, the bitterness of parties in the heated canvass of 1828 and 1832, did not disturb his private friendships. On the occasion of his death, one of the city papers at Cleveland contained the following notice. As it was written by a gentleman always politically opposed to him, its magnanimity is but the more HISTORY OF STARK COUNTY - 263 apparent, and the more appreciated by his surviving friends : The Hon. David A. Starkweather, father-in-law of the Hon. A. T. Brinsmade, died at the latter's residence, No. 768 Custead Avenue, yesterday morning after having been entirely helpless for a year past from a paralytic stroke. Mr. Starkweather formerly lived in Stark County, and was a gentleman long and well known throughout the State, having been quite prominent in the profession of the law and in politics. For three successive terms he was a member of the State Legislature and also spent two terms in the State Senate, with honor to himself and to the satisfaction of his constituents. He also represented the Stark County District in Congress for two terms, and while there greatly distinguished himself. One of the most notable of his services while there was his speech upon the Oregon Question, which brought out the warmest personal commendations from John Quincy Adams. He was selected by President Pierce in 1854, as Minister Plenipotentiary to Chili, and served there with the same distinguished honor noticed in other positions. He retired from the practice of the law some time since and has of late been residing with his daughter. The only children left by the deceased are Mrs. Brinsmade and Hamilton Starkweather, of Oregon. He leaves one brother in New York, and the late Judge Stark-weather was a cousin. In politics, the deceased was a Democrat, having been President of two State Democratic Conventions, and in 1852, acting as President of the National Convention of the party. Mr. Starkweather must have been admitted to the bar as early as 1825, when he opened an office in Mansfield, and practiced there with marked success, until he came to this county, which was his final residence, except the period of his illness at Cleveland. When the firm of Starkweather, Jarvis & Bierce was, dissolved, Mr. Jarvis, who during his residence at Canton, had married Miss Frances Upham, of Claremont, N. H., removed to Massillon where he died February 14, 1863, aged sixty-six. During his residence at Massillon, he was elected Major General of the Sixth Division of Ohio Militia, having been Brigade Inspector with the rank of Major during the early -days of Gen. John Augustine. He was a gentleman of decided military taste, in politics a Federalist and ardent admirer of Jay, Hamilton, and the Federal leaders of Revolutionary times, and as earnest in his dislike of Jefferson and the Republican leaders, as they were called. As a lawyer he maintained a good reputation always, until age compelled him to seek that " Blest retirement, friend of life's decline," which with numerous friends he enjoyed, always dispensing a generous hospitality at his elegant residence in the city. Among other members of the bar of Stark County, whose names adorn her dockets and briefs through a period of nearly thirty years, and which will be found in the files as frequently as that of almost any one from 1835 to 1855, is that of the late Hon. Samuel Pease, who came to Massillon in November, 1831, opened an office and succeeded, as a lawyer, a furls consult and pleader. As an advocate to a jury' he never sought celebrity. In the social circle he had few equals and was fond of personal comfort. He died in 1867, at the age of 65, surviving his wife but a few years. There was also among the old members of the bar, who took his place in the profession long prior to 1840, the late Hon. James D. Brown, and also Gen. Samuel Lahm, Mr. Brown was from the State of New York, and Gen. Lahm from the State of Maryland. They were prominent in the profession, Mr. Brown having been frequently elected Prosecuting Attorney, as was Gen. Lahm, who also represented this district in Congress, and the Senatorial District in the Ohio Senate, and the county in the House of Representatives. He was a man of untiring energy in everything he undertook. He left .the bar and went to farming, owning many hundred broad acres between Canton and Massillon, which he cultivated successfully. He died in May,. 1876, at his residence, in Canton. Mr. Brown was an industrious, earnest laborer at the bar, and continued until just before of during the war of the rebellion, when he removed to Omaha, Nebraska, where he died on the 1st day of July, 1880, aged seventy years. He was a son-in-law of Hon. John Harris. The remains of both repose in Canton Cemetery. Harris & Brown had been a law firm in Canton for many years, and in active practice, and in the fitness of things their final resting place is near the scene of their struggles and successes. Of those who practiced in the courts of Stark county prior to 1840, but one remains, either at the bar or on the bench. On looking around the bar at a term of court, none of the old familiar faces are to be seen. Not one ! HISTORY OF STARK COUNTY - 264 " They are no longer here ; they are all 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." The reader of these sketches, acquainted with Hon. Seraphim Meyer, Judge of the Common Pleas Court of Stark County, and ex officio Judge of the District Court of Ohio, need not be told that it is he to whom reference is made. In 1828, a few weeks after navigation was opened on the Ohio canal to Massillon, a family of immigrants from the Department of Upper Alsace, in the then Kingdom of France, arrived at the little village which was the southern terminus of internal navigation of the State ; of that family Judge Meyer was a son. The family remained at Massillon, or rather at Kendall, for the two hamlets were not then, as now, one and indivisible, about twelve days, when they removed to Canton, where they have remained. In 1838, Mr. Meyer was admitted to practice by the Supreme Court on the circuit at Springfield, in the county of Clark, and at once opened an office in Canton. Being master of the German and French languages, as well as a fine belles lettres scholar, and an intensely close student, he has attained a standing at the bar as a lawyer and on the bench as a judge that commands the respect of the district embracing the counties of Stark, Carroll and Columbiana, Portage, Trumbull an& Mahoning, and Lake, Geauga and Ashtabula, to all of which counties, as a District Judge, his official duties call him. During his practice at the bar, he was a member of the firms of Dunbar & Meyer, Brown & Meyer, and Meyer & Manderson. On the breaking-out of the war of the rebellion, Judge Meyer's two sons did not wait to be called on for the military service of the country ; they volunteered immediately, and remained in the service until the close of the war, when they returned, bearing upon their persons evidence of their courage in the shape of honorable scars, the result of wounds received in many well-fought battles. One son, Gen. E. S. Meyer, has been remembered by President Garfield, in the appointment of Attorney for the Northern District of Ohio, and the other is the senior partner in the well-known law firm of Meyer & Piero, at Canton. For their distinguished services to the country, they will ever be gratefully remembered. When the One Hundred and Seventh Regiment of Ohio Volunteer Infantry was raised, Judge Meyer, then Prosecuting Attorney of Stark County, resigned, and accepted the command of the regiment, and its history from the day it marched from Camp Cleveland to the day it was mustered out of the service, July 10, 1865, attests its bravery and its service to the country, especially at Chancellorsville and Gettysburg. He who would learn its history, almost written in the blood of the gallant men of whom it was composed, should read " Ohio in the War." No Ohio regiment furnishes a more terrible record of its slaughter, or one of more distinguished gallantry. Col. Meyer, after severe sickness and suffering, was compelled to resign on the 8th of February, 1864, and returned to his home in Canton, and was for a long time unfit even for the lightest labors in his profession. On regaining sufficient health and strength, he resumed practice, formed a partnership with Gen. C. F. Manderson, and at the dissolution of which, engaged with his son, C. T. Meyer, Esq., which continued until he assumed the duties of the judgeship, in January, 1877. In 1839, Hon. H. B. Hurlbut, then a young gentleman just entered the profession, came to Masillon from Cleveland, and opened an office. Active and energetic, he soon acquired a paying business, and " gathered gear." After Judge Underhill came to the bar, Messrs. Hurlbut & Underhill formed a partnership. After the dissolution of which, about the year 1845, Hon. D. K. Cartter removed to Massillon from Akron, and there was a partnership formed immediately between him and Mr. Hurlbut, by the style of Cartter & Hurlbut, which lasted until Mr. Cart-ter was elected to Congress, this district being then composed of Stark and Wayne Counties, and that partnership was dissolved. -Meanwhile, Hon. Arvine C. Wales, " a' native of Stark County, and to the manner born." was admitted to practice with the most flattering prospects, and a partnership was formed by the style of Hurlbut & Wales. Mr. Hurlbut, who had continued to " gather gear," had gone into banking largely with the late Dr. Isaac Steese, Joseph J. Brooks and Sebastian Brainerd, Esqs., of Massillon, all of whom have passed " into the land of shadows," and he withdrew from practice and removed to Cleveland, where he has since been engaged in banking and railroad en- HISTORY OF STARK COUNTY - 265 terprises with the habitual success that has always attended his efforts. Judge Cartter is Chief Justice of the Supreme Court of the District of Columbia, being appointed thereto by President Lincoln twenty years since. Judge Cartter came to Stark County a Democrat ; as such was elected and re-elected to Congress ; when his Congressional terms expired, he returned to his constituency without any political affiliations that placed him in unity with either Whigs or Democrats. On the formation of the Republican party, he became an active member. Having, meanwhile, removed to Cleveland, he was appointed a delegate to the Chicago Convention, and claims the honor of President Lincoln's nomination by that body. Mr. Wales resides at his Spring Hill farm, just outside of the city limits of Massillon, a scientific and practical farmer ; is President of the Stark County Agricultural Society, and an active member of the State Board of Agriculture. He always has a generous welcome for all who call on him. In public life, he has served the people of this Senatorial district—the Twenty-first, composed of Stark and Carroll Counties—for the unexpired term of Gen. B. F. Potts, appointed Governor of Montana Territory, and the full succeeding term. Among the lawyers of Stark County, of fifty years since, was William Bryce, Esq. In 1826, he was a stone-cutter, and cut much of the stone work of the " Fulton Lock," on the Ohio Canal. He concluded, on finishing his job, that he could do better as a special pleader than in cutting stone on the public works, and entered an office in -Canton as a student. He put in many years of close study, but finally succeeded in reaching the goal of his ambition, which was his admission to the courts of Ohio as an attorney and counselor at law and solicitor in chancery. His briefs were " few and far between." He tried politics and was elected Recorder of the County for one term, which ended his official labors. His last appearance in court was as plaintiff to secure compensation or commissions for having been employed to sell patent steam gauges. He has been dead many years. Among the members of the bar forty-five years ago, should be mentioned Elijah P. Grant, a most accomplished lawyer and scholar, a profound thinker and believer in a re-organization of society, by which great and lasting benefits should accrue to mankind. In the pursuit of his theory, based upon the doctrines of Fourier and other socialists, he expended a fortune and many years of valuable time, and died in the city of Canton a few years since. He was a gentleman of many genial qualities, and will always be kindly remembered. Among the lawyers of the Stark County bar, prior to 1846, was Benjamin F. Leiter. During his practice, he was of the firms of Belden & Leiter, Leiter & Pool and Leiter & Treat, and at one time with Edward L. Carney, Esq.; was editor of the Stark County Democrat. Mr. Leiter came to Canton from the State of Maryland, before the organization of union schools, and taught school in the winter ; worked as a common laborer in the summer ; was elected a Justice of the Peace ; got some ideas of law, and studied with Gen. Samuel Lahm ; was elected to the Senate and House of Representatives of Ohio, and was Speaker of both branches. In 1854 and 1856, he was elected to Congress, as a member of the American party or K. N.,s. On the breaking-out of the war, he entered into the Union cause with energy ; had two sons in the army, one of whom was killed in battle, the other making an honorable record. Mr. Leiter died a few years ago at his residence in Canton. On the breaking-out of the war, Mr. Treat at once -went into the service, since which he has not returned to Canton, nor is it known what became of him. Mr. Pool removed to Cleveland, and went into the army, and now resides in New York City, and is engaged in banking. Of the older members of the bar who commenced their professional life in this county next to Judge Meyer, are Hon. Louis Schaefer, of Canton, and Robert H. Folger, of Massillon. They were examined and admitted together on the 1st day of March, 1842, at New Lisbon, by the Supreme Court, then on the circuit, Lane and Wood, J. J., holding the term. Mr. Schaefer was born on the 25th of December, 1815, in Arrondissement of Sarragusmines, Department de la Mosselle, now the Republic of France, arrived in the city of Philadelphia June 7, 1830, in Stark County September following ; has lived in Canton since 1831. Commenced the study of the law with Griswold & Grant, March, 1840, the two years of study required by law having expired on the day he was admitted. Mr. Folger was born in Chester Co., Penn., on the 11th of January, 1812, and came to Kendal, now the Fourth 266 - HISTORY OF STARK COUNTY. Ward of the city of Massillon, with his parents in 1813, and lived there until February 4, 1828, when the family removed to Massillon where he has resided ever since, and should he and Mr. Schaefer be favored to keep within " this mortal coil " until March 1, 1882, they will have been at the bar of Stark County and in practice forty years. Mr. Folger commenced his professional studies in the office of Samuel Pease, where he remained until November, 1841, when he went into the Office of Gen. Dwight Jarvis, and completed his studies. Next in the order of time is Hon. James W. Underhill, admitted near the close of the year 1842, and went into practice at Massillon where he remained until elected Probate Judge, which he held by re-election four terms, having first served one term in the House of Representatives of the State Legislature. He was a member of several partnerships in addition to the firm of Hurlbut & Underhill ; during his residence in Massillon he was of the firm of Folger & Underhill, and Keith & Underhill, and since his retirement from the Probate Judgeship, has been in partnership with John Lahm, Esq. Being much engaged in railroad building, he is devoting little time to the law. Among the young men who came to the bar in the early forties and opened offices in Massillon, were F. M. Keith, from Lorain County, who came in 1840 and formed a partnership with Hon. S. Pease, and the firm, while it lasted, enjoyed a successful practice ; George Miller, a son of Hon. Jacob Miller, Associate Judge ; Leavitt L. Bowen and David M. Bradshaw. On the dissolution of the firm of Pease & Keith, Keith and Miller at once formed a partnership and remained together until the death of Judge Miller compelled a dissolution to enable Mr. Miller to look after the estate. Mr. Miller was a young gentleman of education, a graduate of Jefferson College Penn., and excellent native ability, and could he have lived and devoted his time to the law, would have taken a high rank in the profession ; he served one term in the Legislature and died, suddenly, in 1850, at the age of thirty-five. On the dissolution of the firm of Keith & Miller, a partnership was formed. by Messrs. Keith & Bowen, but the changes were so rapid that it is not certain how long this firm lasted. When Mr. Bradshaw came to Massillon, he and Bowen formed a partnership by the style of Bradshaw & Bowen. On the dissolution of which Messrs. Bradshaw and Wales formed a partnership which was dissolved by the death of Mr. Bradshaw in 1852. Mr. Keith removed to White Cloud, Kan., before the war and on the breaking-out of hostilities, entered the service and rose to the rank of Colonel ; at the close of the war he returned to his practice in Doniphan Co., Kan. Among the gentlemen of the bar in Stark County, against whose names the " fatal asterisk of death is set," is, that of Hon. William K. Upham. Mr. Upham was a native of Vermont, a son of Senator Upham, and came to New Lisbon about the year 1843, and after practicing law there several years, removed to Canton; he was a distinguished lawyer, distin- guished in all that is included in the term. As is now recollected, he' died in 1867, while attending court in Mahoning County. Out of respect for his memory, the bar of Stark County erected a beautiful marble monument over his remains in Canton Cemetery. Mr. Bowen, on his dissolving with Mr. Bradshaw, went first to Omaha, Neb., and after a few years' residence there went to Denver, Colo., in its early days, where, with him, " life's fitful fever " ended. Another lawyer who, in a comparatively early day, was a member of the Stark County bar, was Col. Lyman Humphrey, a resident first of Deerfield, whence he removed to Marlborough, studied with Hon. H. Griswold, and had he commenced early in life, would have succeeded in the profession as he was above what is termed the average man, intellectually, and by education. His son, Hon. Lyman U. Humphrey, on the 1st of January, 1881, closed his second term as Lieutenant Governor of Kansas, and is now engaged in a successful law practice in that State. After the war, in which he bore a conspicuous and honorable part, he went West ; the respect entertained for him by the citizens of his native county is kindly and affectionately reciprocated. A later addition to the death roll of Stark County lawyers is found in the names of Horace P. Dunbar, Esq., of Canton, and James Harsh, Esq., of Massillon. Mr. Dunbar studied and was admitted at Canton, where he opened an office, and continued in practice until 1861, when he surrendered to the " King of Terrors." Mr. Dunbar was one of the most agreeable gentlemen at the bar, of a high sense of honor in practice ; he will, for his urbanity and agreeable, social intercourse, be remembered as a gentle- HISTORY OF STARK COUNTY - 267 man with whom it was pleasant to be associated. Mr. Harsh was a native of Massillon, studied his profession in Findlay, Hancock do., where he married Miss O'Neill and became a member of the firm of O'Neill, Blackford & Harsh. After remaining at Findlay a few years after admission to the bar, he came to his old home to engage in practice. He had been subject to hemorrhage of the lungs which was increased while in the army, where he served as Captain, and death followed a sudden attack in 1870. He was about forty years of age at his death, and gave promise of great usefulness as a lawyer. He was an only son of Hon. George Harsh, of Massillon. In 1844, Hon. Anson Pease, who had studied with R. H. Folger most of the time required by law, received his certificate of admission to the bar and at once opened an office at Massillon, where he has remained in active practice. ,For twenty-four out of the thirty-seven years that have elapsed since he commenced as an attorney and counselor at law, he was a partner of the firm of Bierce & Pease, then of Pease & Ricks, and now Pease & Baldwin. Mr. Pease was a member of the Constitutional Convention of 1874, serving on important committees in that body, and commanding the respect of the members. In 1847, John Lahm, Esq., now a resident of Canton, took his place among the lawyers of the county, and has faithfully kept it through the third of a century that has since elapsed, commanding the respect of the court and his brethren as well as the confidence of his clients. Three years of the time since Mr. Lahm came to the bar, he served as Clerk of the courts, to the entire acceptance of the bench and bar, all of whom entertain most pleasant recollections, not only of his urbane and gentlemanly deportment, but of the skill and ability with which he discharged the duties of the office. In 1851, Hon. Joseph Frease, who had lived in the county from boyhood, came from Sugar Creek Township, to the bar, having studied, as is now remembered, with Hon. Hiram Griswold. In a few years he was elected Prosecuting Attorney. After serving one term in that position, he was elected and re-elected Common Pleas Judge, and was succeeded at the annual election in 1876, by Hon. S. Meyer, the present incumbent. Excepting the time Judge Frease was on the bench, he has enjoyed an active practice and in his official, professional and personal relations, has always commanded the esteem and confidence of the community. As a Judge, he was ever courteous and conservative, and the records of the superior judicial tribunals of Ohio, will show as few reversals of his decisions as of any judge who has filled that position. He is now in active practice, the senior member of the firm of Frease & Case. Another prominent member of the bar during his residence in this county, was Hon. William Dunbar, who practiced successfully in the courts of the State. A portion of the time during his residence in this county, he was senior member of the firm of Dunbar & Meyer, after the dissolution of which firm he removed to Mount Vernon, Knox Co., Ohio. He came to the bar about 1843. About the same time Hon. Thomas Goodman, now a respected citizen of Chicago, was admitted to practice but paid little attention to the law. Fire Insurance being a subject to which he had devoted much careful study, he sought a wider field in which to labor and has met with success. Among the Judges of the Ninth Judicial District who have honored Stark County Common Pleas and District Courts by their presence, the names of Hon. Messrs. Day, Hitchcock, Belden, Conant, Hoffman, Tuttle, Taylor, the two brothers, Horace and Eli T. Wilder, Potter, Chaffee, Church, Woodbury, Canfield, Ambler, Clark, Laubie, Lee, Frease, Meyer, Arren, Sherman, Spear, will ever be held in kind remembrance by the brethren of the bar of Stark County, who in triumph or defeat have appeared before them. Among the early transcripts from Justices' dockets on file in the Court of Common Pleas, is one of which the following is an extract. " This day came the said parties, and the defendant being unruly and noisy, was by the court ordered into silence, when he replied, profanely taking the name of God in vain, whereupon he was by the court ordered into the custody of the Constable, and becoming more noisy and profane, he was fined 25 cents, and on his swearing by the second person in the Trinity, was by the court fined 50 cents, whereupon he God damd all the Constables in the township of Sugar Creek, and was by the court fined 75 cents, when he became so disorderly as- to God dam all the Justices of .the Peace in the township, and this court in particular, for which he was fined $1, 268 - HISTORY OF STARK COUNTY.   making a total sum of $2.25, and on refusing to pay the same, execution was issued therefor which was delivered to the Constable, who returned the same in due time unsatisfied, for want of goods and chattels whereon to levy. It is surmised,' however, that the defendant has lands and tenements subject to levy and sale on execution." In those days and under an entry stating that it was suggested that the defendant had lands and tenements subject to levy and sale on execution, the Common Pleas was authorized to issue a &ire Facias, and bring the defendant into court, and if he was not found on the issuing of the first, a second one was issued, and if returned "nihil " the plaintiff was entitled to an execution for the Justices judgment and costs. On another occasion, the writer, in the course of his practice, had occasion to meet Mr. James B. Craig, then a young gentleman, just admitted, before the same justice, and when it was common to classify actions under the nomenclature of the English Common Law, such as assumpsit, debt and covenant. This was known as an indebitatus assumpsit, for goods sold and delivered. The plaintiff made out his case and rested, when Mr. Craig, now Gen. Craig, of Missouri, on the part of the defendant, moved for a nonsuit, and argued his motion at' ength ; the plaintiff's counsel followed, and Mr. Craig closed the argument, whereupon the Justice decided the motion "thusly:" " Well, gentlemen, you have argued this motion with tact, wit, ingenuity and pathos, but the motion is overruled. If the defendant has any proof, let's have it." On Mr. Craig saying he had no proof to offer, the Justice at once rendered judgment for the plaintiff, saying' he thought there had been a d—d sight of fooling over it, and that it was about time to stop it. The case was tried in Tuscarawas County, to which the Justice had removed. Mr. Craig shortly afterward removed to Missouri, has been a member of Congress, and during the war rose to the rank of Brigadier General ; he was a man of more than ordinary force of character. The township of Sugar Creek is entitled to honorable mention for having furnished a member of the Stark County bar, who, although he seldom appeared in the higher courts, was nevertheless a gentleman of much force of character, and commanded respect. Reference is had to Henry W. Stambaugh, Esq., who, after serving many years as a Justice of the Peace, was admitted to practice by the old Supreme Court on the Circuit of Canton. He was a brother of the late Hon. David W. Stambaugh; a prominent member of the Ohio bar in Tuscarawas County, and Senator from the Third District at the time of his death, a few years since. Among the young gentlemen Who have come to the bar, and passed away under the dispensation of the war of the rebellion, no one deserves more honorable mention than Frank Spalter, who, in September, 1858, entered -the office of Hon. Louis Schaefer, in Canton, as a student, of whom Mr. Schaefer says, " he was a man of superior intellect and acquirements, having a finished French, German and English education." He had been book-keeper for the well-known house of Sharpless & Sons, Philadelphia. He remained in Mr. Schaefer's office two years; and was admitted to practice at Carrollton, the late Hon. William K. Upham being of the examining committee; and who remarked, after the examination, " That boy knows more about the elementary books than does the whole committee." After his admission, Mr. Spalter opened an office in Canton, and continued until 1861, when he was one of the first to enlist, and was killed in the battle at Petersburg, Va., in 1863. He was a native of Berlin, now the capital of the German Empire, and arrived in the United States in 1856 ; politically, he was a thorough Abolitionist, and exhibited his faith by pouring out his life's blood in the cause of human rights. Mr. Schaefer was his friend and patron, and with characteristic benevolence aided him all through his studies, " without fee or reward, or the hope thereof," a generosity that was well timed, as Frank was without a surplus of this world's goods then. Of the judges named in the foregoing list, Judges Potter, Church; Belden and Canfield have gone to their final account, as has Judge Pearce, of the old organization. At this time, it is believed that the following is a correct list of the members of the bar in Stark County. Canton.—Hon. S. Meyer, Judge, Messrs. Frease & Case (this firm is composed of Hon. Joseph Frease and F. E. Case), A. D. Braden, J. J. Parker, J. P. Fawcett, A. C. Hiner, George E. Baldwin, and Robert S. Shields, of the firm of HISTORY OF STARK COUNTY - 269 Baldwin & Shields, Louis Schaefer, and Louis M. Schaefer, firm of Schaefer & Son, Peter Chance, Anthony Housel, C. R. Miller, John M. Myers, Will Wynn, William A. Lynch, William R. Day, and Austin Lynch, composing the firm of Lynch, Day & Lynch, Turenne C. Meyer, and William J. Piero, firm of Meyer & Piero, John Lahm, J. W. Underhill, F. W. Bond, Charles C. Upham, E. E. Russell, Julius Whiting, Jr., L. M. Jones, H. R. Spencer, Henry A. Wise, Hon. William McKinley, member of Congress, Abner McKinley, Allen A. Carnes, T. T. McCarty, J. S. Hudson, B. F. Faust, H. W. Harter, Prosecuting Attorney, Stark County, William W. Clark, and James J. Clark, firm of W. W. & J. J. Clark, A. W. Hildenbrand, Probate Judge, G. W. Ralf, Col. P. S. Sowers, and John C. Mong. Massillon.—Anson .Pease and F. L. Baldwin, firm of Pease & Baldwin,. R. H. Folger and John O. Garrett, firm of Folger & Garrett, L. C. Cole, Mayor of the city, and Robert W. McCaughey, firm of Cole & McCaughey, Isaac Ulman, Eugene G. Willison, Robert A. Pinn, Otto E. Young, William McMillan and Andrew C. Robertson. Alliance.—Harvey Laughlin, Amos Burden, A. L. Jones ; these gentlemen may be classed as the oldest lawyers in Alliance, having been at the bar thirty-seven, thirty-two and twenty-seven years respectively, and are gentlemen who command respect, all having held offices of trust and profit, and are prominent in the profession. The rest of the members of the bar in. that flourishing city are James Amerman, Samuel F. Esseck, David Fording, William C. Pippitt, J. M. Harrison. James A. Coulter. A. B. Hoover, Judson D. Lewis, James C. Stanley, M. M. King. Canal Fulton.—William G. Myers and James Sterling. Hartville—S. S. Geib. Since the organization of the county, there have been many who have entered the profession, and opened offices in various portions of the county, but not succeeding, have gone, some into other professions, and of some it may be written : "They, the young and strong, who cherished Noble longings for the strife, By the wayside fell and perished, Weary with the march of life." Among those, however, who have entered the profession in this county at comparatively a late date is Gen. Charles F. Manderson, and whom Stark County regards one of her own sons. Mr. Manderson, in 1860, in March, was admitted to practice at Ravenna, Portage County, after having studied with Hon. Lewis Schaefer and the late Hon. William K. Upham. On the breaking-out of the war in 1861, in April, Mr. Manderson entered the army as a Lieutenant in Company A, Nineteenth Ohio Volunteer Infantry, Col. Samuel Beatty, and continued in the service until 1865, having risen to the rank of Brigadier General of Volunteers, for meritorious services. He immediately formed a partnership with Col. Meyer, the firm being Meyer & Manderson, which lasted until October, 1869, when the firm was dissolved, and Gen. Manderson removed to Omaha, Neb., where he now resides, in a successful practice. In 1816, the old court house of Stark County was received from the architect and builder by the Commissioners, and without ceremony, so far as can be ascertained, dedicated to the uses for which it was erected. Those who have seen the court houses at New Philadelphia and Millersburg can form an adequate idea of the buildings erected as temples of justice in the early. days of Ohio. The people builded, as well as they knew, they were willing' to be taxed all , that they could bear, and the old court house was a fair specimen of the public buildings in Ohio, including the old State House, at Columbus, and the United States court house for the District of Ohio, also at Columbus, which will be remembered as having stood in front of the first Neil House. A view of the last-described buildings will be found in Howe's Historical Collections, and the old State House, as there represented, is strikingly like our old court house. With all its imper- fections. it has pleasant memories. Within its walls, the old members of the bench and bar named in these sketches, who have gone " to the promised land," achieved a reputation that will last while words are preserved. In that old building, the first death penalty in Stark County was pronounced, the ease being The State of Ohio vs. Christian Bachtel, the indictment in which was prosecuted by Messrs. Starkweather & Jarvis, the defense being managed by Messrs. John Harris and Orlando Metcalf. Few remain who witnessed that trial. 270 - HISTORY OF STARK COUNTY. Forty-eight years have passed into the great ocean of time, but the circumstance is not forgotten, too sadly have recent similar events refreshed the memory of the long past. The old building has gone ; it only 'graces the page of history. In 1867, Gen. Ed F. Schneider, a member of the bar, and Senator from this district, and who died in the city of Berlin, the seat of government of the German Empire, while making a tour of Europe, procured the necessary legislation to enable the Commissioners of the county to build a new court house. The Commissioners at once took the necessary steps, the work was let to contractors, and finished for occupation at the February term of the Common Pleas Court, A. D. 1870. The taking possession of the noble structure, the gathering together of a large number of the citizens of the county, the presence of distinguished members of the bar from neighboring counties, among whom were Hon. John McSweeny, of Wooster, and Hon. J. T. Brooks, of Salem, all tended to clothe the occasion with uncommon interest. The proceedings of the court and bar on that occasion will be found in the chapter on the organization of the county. CHAPTER VII.* THE MEDICAL PROFESSION—EARLY PRACTICE AND PRACTITIONERS —PREVALENT DISEASES— ADVANCE IN MEDICAL AND SURGICAL SCIENCE. DIVINITY, Law and Medicine are institutions that characterize civilized society. They constitute the foundation upon which the distinctive features of our superstructure rest. The heathen has his religion ; the barbarian, a law unto himself, and the savage, a crude idea of the healing art ; but what are known and recognized as the learned professions, exist only among enlightened nations. In the beginning, the first of these most likely called into requisition, was that of medicine. The " accidents by flood and field," and the ills that flesh is heir to," must be met and treated. How successfully, would depend upon the progress made by observation and experience. In the early settlement of Stark County, the inhabitants were in a measure thrown upon their own resources for the means whereby to relieve suffering humanity. The first case of sickness and death that occurred in the county was that of James Culbertson, in the fall of 1805. He was in the employ of James F. Leonard, surveyor and land jobber, as an assistant, and his duties consisted mainly in helping about camp, procuring food, cooking, and aiding to show emigrants land. From exposure, he contracted a severe cold, which settled upon his lungs. There was no physician nearer than Steubenville, a distance of sixty miles, and it was out of the question to send there for help, so his comrades had no alternative but to do what they could for his relief They made a decoction of snake root, which they gave him ; applied hot fomentations to his chest, and as his prospects of recovery became darker, administered spiritual consolation. The man died on the fourth day after he was taken down and was buried on the Reed farm, immediately north of the present location of the county fair grounds. The second death was that of a son of John Bowers, of Nimishillen Tp. He was taken with a fever in winter of 1806-7. The few neighbors —none nearer than five miles—were promptly on hand with proffers of assistance in whatever way it could be rendered. Every means suggested that was within reach, was tried, but to no avail. The boy lingered and died. He was buried in the woods and a tree cut to fall upon the grave that the body might not be disturbed by the wolves. The first case of surgery that occurred in the county was that of Philip Smith, residing in the same township. While at work clearing he was struck by a limb of a falling tree, and his leg broken in two places. A young son with him at the time immediately started for help, and in a few hours several of his neighbors were on hand, ready to render such assistance as they were able. No time was lost sending for a doctor, as there was none within reach. A few minutes' consultation de- * Contributed by Dr. Lew Shiner. HISTORY OF STARK COUNTY - 271 cided a plan of action. They straightened the fractured limb, enveloped it with elm bark peeled from the tree and held the splints in place by wrapping them with withes. He was taken home on a sled, and as he was addicted to an indulgence in intoxicating drink, he begged for a dram. This only excited a taste for more, and he was allowed to have it, or rather his wife was compelled to furnish it. There is a witness still living who will testify that Philip Smith, while confined to his bed six weeks with a broken leg, drank six gallons of whisky. At the end of that time the splints were removed and the leg was to all appearance perfect, and upon subsequent trial, found completely restored.- This, in proof of the common saying, that the whisky of olden times was less pernicious in its effects upon the human system than that manufactured at the present day. The first birth in the county was in 1806, a boy, to the wife of Hugh Cunningham, a resident of Plain Township. On this occasion, Mrs. Jacob Loutzenheiser, mother of Judge Peter Loutzenheiser, officiated as midwife. For many years after the settlement of the county, and long after physicians were within reach, was it the custom to employ females in cases of this nature. It was a rare case that a physician was called in. And, so far as results are known of success in the management of labor in former years, as compared with later times, it is believed, by those who have investigated the subject, that the showing is in favor of " ye olden times." This may be accounted for, either in the habits of pioneer life being more favorable to developing and strengthening the system, thereby better enabling the patient to withstand the wear and tear of labor or, because there was less interference with the efforts of nature. Fifty years ago, there were but few medical colleges in the United States, and graduates were not then, as now, roaming over the country seeking situations. The population of Stark County had attained considerable growth before a physician settled among them, and after the first, it was years before the second came. To a great extent, the people were compelled to rely upon themselves for relief in case of sickness or accident. In every community, there were those who pretended to a knowledge of disease and its treatment. They were not governed by principles in practice. Theirs was a routine system. It was bleed, blister and physic. No matter, whether the individual had been kicked by a horse, had the ague or the itch, all the same, he must be bled, and then physicked. In springtime, the house of the man who had a lancet, and could bleed, was a sort of trysting-place on Sundays, where young people, especially women in an interesting condition, would collect, in order to be bled, under an impression that it was good for the health. The gunsmith and blacksmith pulled teeth. They would wrap the fulcrum of a turnkey with a silk handkerchief, and yank out the largest molar. They opened felons with a razor. A large proportion of the early settlers of Stark County were of German descent, and not favorably disposed toward a liberal education. They were inclined to be superstitious, and believed in the- power of words as a remedial agent. There were those who claimed they could, by words, stop bleeding, take out fire, arrest a felon, cure sore mouth, check the fits, and perform divers other miraculous feats. The diseases most prevalent in early times, were of a malarious character. Fever and ague, bilious fever, and dysentery, during the summer, and pneumonia and pleurisy in the winter. The orthodox treatment of the former was by bleeding, emeto-cathartics, and Peruvian bark. Quinine had not then been introduced. The chief domestic remedies were boneset, dogwood, and snakeroot. The treatment of pneumonia and pleurisy was bleeding, blistering, calomel, opium and tartar-emetic. The absurd practice of interdicting cold water in fever, and excluding fresh air from the sickroom, was religiously observed. The physical labor attending practice at that day, was, at times, very great. The only way of getting over the country was on horseback. The roads were rough, and in the winter, very muddy. Often much of the distance to a house was by a bridle-path. But few of the streams were bridged, and in time of high water, there was no alternative but to plunge in and swim across. It was not an unfrequent occurrence for the physician to be called after night, fifteen or twenty miles away, much of the distance over muddy roads and through dense forests the place, a log-cabin with only one room, and no resting-spot save the puncheon floor. Since then, a wonderful change has been 272 - HISTORY OF STARK COUNTY. wrought, not only in lightening the labor of professional work, but what is more generally appreciated and commended, in those things which minister to the relief of the sick. Almost every branch of scientific research has contributed to the advancement of the science of all sciences—the conservation of human life. Through chemistry, microscopy, experimental physiology, new and more perfect methods of investigating disease have been introduced by which its diagnosis has become more certain. The discovery has been made by pharmaceutical chemists of the active principles of various drugs, by which they have been rendered more certain in their effect, and less nauseous. In therapeutics, the modern physician has many advantages over his predecessor in the facility and safety with which surgical operations can be performed under the influence of ether or chloroform and the use of medicines hypodermically, more especially for the speedy relief of intense pain. He has chloral hydrate, the bromides and many other valuable remedies unknown as medicine in former years. Different systems of practice have arisen in the past, and will in the future. It is for the regular scientific physician to investigate their respective merits, appropriate what is good, and reject that Which is worthless. From hydropathy, he has discovered that water is generally a harmless comfort to the sick, whether used externally or internally, and has many valuable uses as a curative agent, though not a cure-all. Homoeopathy has taught what nature will do for the restoration of disturbed functional action. Eclecticism enlarged the field of vegetable remedies, and barren must be the new system, claiming the patronage of community that has not some merit. Scientific medicine—that grounded upon rational ideas, has acquired such momentum that -all medical pathies and isms can have but one of two fates—extinction or absorption. They may exist for a time in name, but they die in fact. The aggregate experience and accumulated learning of the profession, inevitably assimilate all that is good, and as surely eliminate all that is bad or nonsensical in pathological or therapeutic theories. For centuries, medicine has constantly advanced, appropriating to itself all that is demonstrably efficient in the alleviation of bodily ills, however irregular its source. It has in its ranks, an army of pioneers, sappers and miners, armed with all the appliances of advanced science, toiling day and night, from youth to old age, in an effort to discover something still more efficacious for the relief of suffering humanity. There can be no " schools " in scientific medicine. Truth has no compromises to make. Opposition only lives by martyrdom or imitation, or both combined. Medicine is progressive, and the coming physician will have advantages far surpassing those of the present day, in methods and instruments for exact diagnosis, more certain knowledge as to the action of medicines, and understand better the effect of certain ailments and occupations on the human organism. As we review the past, and reflect upon the progress made, we wonder what will the future bring forth ? In the hope that a short biographical sketch of the early practitioners of the county would add to the historical interest of the work, we have gathered the following list. No statement has been made not believed to be truthful. The writer would " Nothing extenuate Nor set down aught in malice." The first physician located in Stark County was Andrew Rappe. He was born in Paris, France, 1779. Having lost both his parents when quite young, he was left to the care of an aunt, residing near the border of Germany. His medical education was obtained in Frankfort-on-the-Rhine. After serving several years as Surgeon in the army, he emigrated to America, sailing from Hamburg, September 11, 1804, and landing at Baltimore May 5, 1805, the voyage occupying over seven months. He remained in Baltimore about one year, then came to Steubenville, where he resided until 1808. The same year he changed his location to Canton, where he remained the rest of his life. His practice extended over a wide range of country—beyond the Tuscarawas River and east of Sandy. The difficulty of obtaining foreign drugs at that early day, compelled him in many instances to rely upon indigenous plants. To prepare them for use involved much time and labor, and he was often compelled to work late at night after a day spent in visiting distant patients. On one occasion, while manipulating with an acid, an explosion took place, throwing some of the ingredient into his eye whereby it was destroyed. He was very ex- HISTORY OF STARK COUNTY - 273 acting in his treatment of patients, insisting upon every direction being carefully observed. He was proprietor of an eye salve, known as " Dr. Rappe's Invaluable Eye Salve," selling large quantities and gaining for it considerable local reputation. He obtained the formula from a French physician aboard the vessel in which he sailed to America. During the voyage, this physician was taken seriously ill, and Dr. Rappe gave him special attention. On his recovery, feeling grateful for the services rendered him, he said to Dr. Rappe that money he had none, but he had the recipe for an " invaluable eye salve " which he would give him, with the request that he would never part with it—and he never did, it being kept in the family to this day. Dr. Rappe was married in Steubenville to Mary Shorb, daughter of John Shorb. They had seven children, only three, however, lived through infancy. These were John S. Rappe, now of Upper Sandusky, Ohio ; the late Mrs. Henry H. Myers, and the late Mrs. Louisa Faber Kimball. The Doctor died February 5, 1842, of pleurisy, after a short illness, leaving property of considerable value, acquired by professional industry. William Gardner came from Albany, N. Y., and located in Kendall (now "Fourth Ward " of Massillon) in 1813. He was married in 1816 to Sarah B. Earl, daughter of the hotel proprietor with whom he boarded. The year following, he removed to Norwalk, Huron County, where he continued in active practice until 1825, when he returned to Stark County and settled in Canton. Here he remained until his death in 1833. Dr. Gardner was heavy-set, broad-shouldered, quick in action and highly esteemed for integrity. He was regarded a man of more than ordinary ability, and had an extensive practice. Independent in thought, he did not hesitate to express his opinions, though in opposition to the popular current. His law suit with Nicholas Lichley, will be remembered by many still living. A daughter of Lichley had some trouble of the eyes and was brought to Gardner for treatment. Instead of improving, under various applications, her sight became worse, and finally she went totally blind. Lichley, being an impulsive man, and rather free talker, did not hesitate to charge Gardner with mal-treating the case, whenever the subject was introduced in his presence. This talk became very annoying to Dr. Gardner, and for the purpose of vindicating himself brought suit for slander, laying his damages at $2,000. His attorneys were Harris & Belden. Lichley employed Starkweather and Jarvis. They were the two strongest firms at the Stark County bar. The case excited a wide-spread interest, and the court house was crowded during the progress of the trial. Starkweather was then in the zenith of his reputation as a jury lawyer. He had the blind girl seated in front of the jury while he addressed them, and whenever he made an appeal in behalf Of his client, the poor girl would turn up her sightless orbs, imploring, as it were, sympathy for her father. The defense claimed that the blindness was caused by culpable carelessness—introducing into the eyes something different from what was intended—and this theory was sustained by the testimony of Dr. Bennett, a well known, reputable physician of Bolivar. The jury returned a verdict for the defendant ; thereupon, Lichley brought suit against Gardner for malpractice, laying his damages at $10,000. Before the trial was reached, Gardner died and the case was withdrawn. This was the first mal-practice suit in the county. The two Bonfields, John and Thomas S., brothers, settled in Canton soon after the war of 1812. They were from Baltimore, and both graduates of the medical school of that city. John was an Assistant Surgeon of the army at the time of the attack upon Fort McHenry. He was a strange genius, and many thought too much learning had disturbed his balance. He was slovenly in dress, wore his hair long and straggling, and would often appear with a red bandana as a neck-tie. He was slow of speech, and kept his horse so poor that the boys would caw after him on the streets. Many reposed great faith in his medical skill, particularly in the treatment of fevers. He had an itching for office, and was repeatedly a candidate, though never successful. He came within one, in a race of half a dozen for the County Treasurer's office. He married a daughter of William Cunningham, by whom he had several children. Several years after her death, he returned to Baltimore, where he died in 1835. Thomas S. was very unlike his brother John. He was a tidy, dapper young man, fluent talker, quick in his movements, and prompt to respond to calls. He was a fast rider, stood in his stirrups, projecting his body forward, apparently 274 - HISTORY OF STARK COUNTY. going faster than his horse. He was popular as a physician, and had an extensive practice. He died in 1855, leaving a large landed estate, now very valuable. Thomas Hartford came from Connecticut, and settled in Canton in 1818. He was a kind hearted man, and generous to the poor, as the following verbatim notice in a Repository of 1820 would indicate : " Dr. Thomas Hartford hereby informs such as are in indigent circumstances, in the county of Stark, that in cases of sickness, advice and medicine will be given to them gratis." That he was not prompted to make this offer from ulterior motives, is evident from the bequest in his will, giving a large proportion of his real estate to the poor of Canton. After some ten years of general practice, Dr. Hartford engaged in the mercantile business ; and, about 1833, removed to Pittsburgh, Penn. James Jerow came to Canton in 1820. He was from one of the New England States, and was reputed a man of more than ordinary intelligence, and well educated in his profession. In managing a case, he was very decided and exacting. and would tolerate no interference. If there was any hesitancy about carrying out his instructions, any distrust manifested as to his skill or judgment, or a disposition to try a remedy recommended by another, straightway would he give the parties to understand that unless he had the exclusive and uninterrupted control of the case he would retire. He would take the whole responsibility or none. He died in 1825 of a malignant fever. John Coulter, the first medical student in Stark County, studied with Dr. Jerow. Justin Scott, a surgeon in the war of 1812, located in Kendall about the year 1815. From what can be learned of him, he was regarded by the community a well qualified physician and a skillful surgeon. He remained in Kendall several years, then removed to Burton, Geauga County, Ohio. George Breysacher was born and educated in Germany, and settled in Canton in 1819. It was said he had been a Surgeon under Bonaparte, which gave him considerable reputation. He did an extensive practice, particularly among the German people, native and foreign. He was a fine horseman and a great hunter, always rode at break-neck speed with several dogs following him. He was once seen coming into town with two deer on his horse that he had shot. He died in 1844. One of his sons, Augustus L., was a Surgeon in the confederate army, and Medical Director of Hardee's Corps. Joseph Simmons was one of the early physicians of Canton. He came from Pennsylvania in 1820; was a man of fine personal appearance, scrupulously neat in dress, and bore himself with an aristocratic air. He did not succeed in securing a satisfactory run of business, not because of any question as to his qualifications, but by reason of this seeming hauteur in his manner. The same has driven many a well-qualified young man from the ranks, while a bloviating ignoramus has succeeded in Making money. Dr. Simmons remained in Canton about ten years, when he removed to Cincinnati. There he continued several years, then changed his location to St. Louis, where he died about two years ago. Joseph Watson was of Quaker descent, born in 1798, near Philadelphia, Penn. His elementary education was such as the scant opportunities of the time and place afforded. He commenced the study of medicine in 1821, with Dr. Wood, of Lycoming County, remain ing with him a year. In the fall of 1822, he came West, stopping in Wrightstown, Belmont Co., Ohio. Here he resumed the study with Dr. Hartley, and continued with him until he decided to look up a location to practice. He visited Cadiz, New Philadelphia, Wooster and Dover (now called Dalton), and when he made known at the latter place the object of his visit, he was so strongly urged to settle among them that he decided to do so. The town was without a physician, and he had several calls before he could hang out a shingle. He soon had all he wanted to do. His work was laborious. Disturbed at all hours of the night, long rides over rough roads, exposed to all kinds of weather, will eventually dampen the zeal of most men, so after a residence of ten years in Dover, Dr. Watson concluded to change the field of his operations, and, in the fall of 1833 came to Massillon, which at that time was the rising town of this part of the State. While in practice at Massillon, he had several partners, including Dr. Michener and Dr. Bowen, both men of well-known professional reputation. Dr. Watson withdrew from active practice about 1843 and engaged in the drug business, in which he built up a large wholesale and retail