150 - HISTORY OF TRUMBULL COUNTY and served one year. Portage county was formed from Trumbull in 1807, and the act erecting this county designated his house as the place of holding the first court. It is a tradition, not wholly verified, that when the proper officers proceeded to his house on the morning court was to open they found it burned to the ground. So the court of this county, like that of its mother, Trumbull, was first held with the trees and the skies as a cover. Mr. Tappan's life from beginning to end was eventful, but after the year 1808 its narrative does not belong in Trumbull County history. He was, however, aide-de-camp to General Wadsworth in the war of 1812, judge of the fifth Ohio circuit, United States judge for Ohio; and United States senator from 1839-45. He was a good linguist and compiled "Tappan's Reports." George Tod came to New Connecticut in 1800, about the time of Mr. Edwards' arrival. He was born in Suffield, Connecticut, in 1773 ; graduated from Yale in 1797 ; he taught school, read law, and was admitted to the bar in Connecticut. He married Miss Sallie Isaacs in 1797. She was a sister of Mrs. Ingersoll, whose husband was governor. Two of his children, Charlotte and Jonathan, were born in Connecticut. He was appointed prosecuting attorney at the first term of court held in Trumbull County, Warren, in 1800. He was identified with almost every important act connected with the settlement of the new country. He was township clerk in 1802-03-04; senator from Trumbull County for 1804 and 1805 ; again in 1810 and 1811. In 1806 he was appointed judge of the supreme court of the state to fill a vacancy, and the next year was elected by the legislature to the same place. He was lieutenant colonel in the war of 1812. He held the office of judge of the court of common pleas from 1815 to 1829, and a few years later held the office of prosecuting attorney for one term. He was sixty-eight years old when he died in 1841. He was prosecuting attorney at the time of the indictment of Joseph McMahon for murder. No history nor even short historical sketch of the early Trumbull County has ever been written which, did not refer to the murder committed at Salt Springs. Because this pertains largely to law, it is given here. Joseph McMahon, a trader and somewhat of a wanderer, with his wife and children, lived in several different places in and adjoining Warren. At that time the Indians were very numerous in this part of the country, but gave the settlers little HISTORY OF TRUMBULL COUNTY - 151 real trouble unless they were under the influence of "fire-water." McMahon was not of the same moral standing as were most of the other settlers in Warren. He lived here as early as 1797, and possibly earlier. In 1800 he lived at Salt Springs, and in July he, with two other white men, was engaged in making salt. The old Indian trail and the traders' path from Youngstown to Sandusky led by this spring. Indians, having been in Youngstown, became intoxicated enough to be quarrelsome, and on their return stopped at Salt Springs with their squaws and papooses. A carousal was begun in which McMahon and the two white men joined. Bad blood was soon evident, and the Indians drove the white men away. After the men had gone the Indians began to tease McMahon's wife, and threatened to kill her and her children. _McMahon was working on an adjoining place. Mrs. McMahon took her children and went to her husband, stayed over night, and he returned with her in the morning. The matter was talked over with the Indians who were encamped near them, and apparently a satisfactory agreement arrived at. McMahon returned to Storer's to work. However, the Indians again became abusive, and struck one of the McMahon children with the handle of his tomahawk. As this had been going on for four of five days. Mrs. McMahon again became alarmed, and started out to meet her husband. Again they stayed all night at the Storer's, and the matter was talked over. On Sunday McMahon came into Warren for consultation with the settlers, and about thirteen men and two boys returned with him to Salt Springs. Mr. Quinby led the party, and, when a little distance from the Springs, halted, expecting to leave the rest of the party while he went on to see the Indians. This he did. He talked with Captain George. a Tuscarawa, and Spotted John, a Seneca, who was partly white. They laughed off the matter, saying that the white men drank up all the Indians' whiskey and then would not let them have any of theirs, but agreed to do them no further harm. They agreed that McMahon and his family could return and would not he molested. McMahon had not obeyed orders, had not halted, and when Mr. Quinby saw him coming and tried to stop him, he would not heed. Going on to Captain George, he asked him, "Are you for peace or ware Yesterday you had your men; now I've got mine." A tomahawk was sticking in the tree and Captain George raised himself from his position, seized it, apparently to sink it in McMahon's head. McMahon was too near to shoot, but, jumping back. fired, hitting the Indian in the breast and 152 - HISTORY OF TRUMBULL COUNTY killing him. McMahon, greatly excited, seeing the Indians spring for their weapons, called on the whites to shoot, and Storer, seeing that Spotted John was aiming at him from behind a tree where he, his squaw and papooses were hiding, fired. "Storer's ball passed through Spotted John's hip, broke a boy's arm, passed under the cords in the neck of his girl and grazed the throat of his squaw." All was immediate confusion. The whites beat a hasty retreat, the two boys who had come with McMahon ran a distance of nearly three miles without stopping. The Indians buried the bodies—or, rather, half buried them—and departed, leaving the wounded squaw and her children. They locating their camp near Newton Falls. The wounded woman immediately set out for the residence of Hillman, who seemed to be the friend of all in distress, and covered the nine miles in an hour and a half. Both Indians and white men were greatly astonished over what had happened. None of them expected it, unless it was McMahon. The white men had gone with him believing to find that he was an aggressor. He was arrested, and taken to Pittsburg for safety. A little later, as the rendezvous had been on the Storer place, there was some talk of arresting Storer. Having learned of this, he disappeared. In talking with Leonard Case Sr., whose mind was very fair and judicial, Storer said he had gone to Salt Springs with the intention only of settling the difficulty. "He had suddenly found himself in imminent and instant danger of being shot, without any possible means of escape. He had shot to save his own life." Storer, like many other citizens of this region, did not know that the United States had assumed legal jurisdiction over this territory, and not knowing by whom he would be tried, feared to stay. He was a gentleman, and never ceased to regret he had been drawn into this affair. He left Warren, after a few years' stay. "On Monday, Mrs. Storer mounted her two horses with her three children and what goods and clothing she could carry and started for her former home in Washington county, Pennsylvania, alone, except that Mr. Mills of Nelson, who was on his way to Beaver, accompanied her as far as the latter place. The rest of her property was left to such care as a few friendly neighbors could give it." James Hillman, who knew and understood the Indians as well as he did the whites, acted as peace maker, and finally persuaded the Indians to take up their hunting, and the whites who had gathered at Quinby's to go back to their homes, and there was no further trouble. In September these men were tried at HISTORY OF TRUMBULL COUNTY - 153 Youngstown before Justice Huntington. Return J. Meigs and Governor St. Clair attended. George Tod acted as prosecutor, while McMahon was defended by John S. Edwards, Benjamin Tappan, who was the first attorney in the territory now known as Portage county, Ravenna, and Mr. Sample, of Pittsburg. McMahon was not found guilty. This was the first case of any importance tried in old Trumbull County. The stories told by diaries, letters and word of mouth differ somewhat. We have rather been taught to think that McMahon should have been hung. Leonard Case says : " The writer has heard that (McMahon's) verdict severely criticised, but he has no doubt that it was in accordance with the law as generally applied to murders—the evidence being as there given. Moreover, those jurors would have compared favorably with the jurors selected to try like cases at the present day. Joseph and John Filles, two young men, who were at the Salt Springs during the fracas, some three days afterwards stayed at the house of the father of the writer. They both made a statement to us, which was never given in evidence, which would have been material to show George's motive. It was this. During the drunken scrape George several times said that he had killed nineteen white men and wanted to kill one more to make an even number. But the Filles left for the Ohio, and were not at the McMahon trial." Storer was acquitted. Thus the first important trial on the Western Reserve, like the last one, created differences of opinion among the residents of the community, and judges were accused of unfairness. Among the early lawyers most familiar with the Western Reserve was Samuel Huntington. He was the nephew and adopted son of Gov. Samuel Huntington, a signer of the Declaration of Independence. Like most of the first lawyers of the new country, he was a graduate of Yale, and had been admitted to the practice of law in his native state. In 1800 he came .to Ohio and lived at different times in Youngstown, Cleveland and Painesville. He held numerous offices, was a state senator from Trumbull County, judge of the supreme court and governor of the state. In 1801 he removed from Youngstown to Cleveland, although he was obliged to come to Warren through the woods 154 - HISTORY OF TRUMBULL COUNTY to attend court. He was perhaps the most fortunate in a financial way of any of the lawyers of his time. His house, built at Cleveland, was the most spacious and comfortable of any of the homes on the Reserve. He kept servants and had a governess for his children. He was finely educated in other directions than law, speaking French fluently. He had had advantage of travel and foreign study. He was a member of the convention which formed the state constitution, and for nearly half the session he was the only representative that Trumbull County had in that body. In spite of all these advantages, he still had to endure the hardships of the ordinary frontiersman. He rode his horse through swamps, swimming streams, carrying his law books with him. When these early lawyers went in some directions they were obliged to take an extra horse upon which they packed not only their books, their clothing, but provisions for themselves and their horses as well, because the Indians could not be depended upon to provide even horse feed. As there were no bridges, and as the streams were much fuller in those days than now, all early ministers and lawyers, in buying horses, had to be assured that the animals were good swimmers. Many of these early professional men ran great danger from flood, Indians and wild animals. Judge Huntington once fought a pack of wolves within what is now the residence portion of Cleveland with an umbrella, and owed his deliverance to this implement and to the fleetness of his horse. A great portion of his life was spent in Trumbull County. It will be remembered that next to Augustus Porter, the ranking surveyor and the only astronomer who accompanied Moses Cleaveland's party was Seth Pease. His reports are in the possession of the Western Reserve Historical Society, and much of the valuable information which we have came from him. He did not settle permanently in New Connecticut. His brother Calvin, who was born in 1776 and came west in 1800, was one of the best beloved and able attorneys of that time. There is no record that he received a college education, as did most of his associates, but Gideon Granger, who was postmaster general under Jefferson, married his sister, and he was a student in Granger's office. Although he was not admitted to the bar until October, he was appointed first clerk of the court of quarter sessions held in August in Warren. He was elected president-judge of the court of common pleas of the third circuit, which included Washington, Belmont, Jefferson, Columbiana and Trumbull HISTORY OF TRUMBULL COUNTY - 155 counties. He was not quite twenty-seven when he was elected, yet he judiciously discharged the duties of his office. In 1816 he entered upon his duty as a judge of the supreme court. At one time the legislature passed an act providing that "justices of the peace should have jurisdiction in civil cases to the amount of $50, without the right of trial by jury." The supreme court held that this was in conflict with the constitution of the United States, which declared "in suits of common law when the value in controversy shall exceed. $20, the right of trial by jury shall be preserved," and also of the state constitution, which declares the right of trial by jury shall be inviolate." This decision created a great deal of discussion, and so incensed were the members of the legislature that charges for impeachment were brought against Pease and Tod. There were three counts against Pease. The trial was had in the senate chamber of the capitol, eminent attorneys serving, and the judges were acquitted. From that day the right of the supreme court to pass on the constitutionality of laws has seldom been even questioned. Judge Pease was a senator in 1812. Ile was full of wit and humor, and when attending court, as well as at home, was playing pranks on his fellow lawyers. It is said that he used to take the crutch of Thomas D. Webb, when the lawyers were away from home at court. and in the night hobble into the rooms of the other attorneys. play pranks of all sorts in such a way that the persons teased believed Webb to be the aggressor. In spite of this vein of humor, he was exceedingly dignified on the bench. Judge Thurman says of him: "One of the finest specimens of manhood I ever saw was Calvin Pease, then chief judge of the supreme court, dressed in a way that would make a dude faint, the most perfect dress I ever saw on a man, and the nicest ruffles on his shirt bosom, looking the very beau-ideal of a gentleman of the olden times. By his side sat Peter Hitchcock. Now what a team was that ! Woe unto that man who had a bad cause and tried to palm it off onto them. What great men they were ! Hitchcock was on the bench much longer than Pease, though Pease achieved a wonderful reputation and a deserved one, so much so that Thomas Ewing once said to me, that of all the judges he had ever appeared before, in his opinion Calvin Pease was the greatest." "When Gen. Simon Perkins was wanting a name for 156 - HISTORY OF TRUMBULL COUNTY his new town, which was set upon a hill, he appealed to Mr. Olcott for one that should be significant, but upon which Judge Pease could not pun. Call it Akron, since it is on a summit' said Mr. Olcott, and the suggestion was accepted. Later General Perkins laughingly boasted to Judge Pease that his town had a name that could not be punned upon, namely, Akron. 'Akron, Akron,' said Judge Pease. 'Oh, Acheron!' Now, Acheron in heathen mythology is the name of a river in hell." Virginia Reid, a great-granddaughter of Elisha Whittlesey. prepared the following at the request of the author : Elisha Whittlesey was born October 19, 1783, in Washington, Connecticut. His father was a descendant of John Whittlesey, who came to this country from England about 1630. In Elisha's early boyhood he worked on his father's farm and attended the district school. One of his early teachers was the Rev. Jeremiah Day, who was afterward president of Yale College. In 1792 the father of Elisha sold his farm and bought another in Salisbury, distant about 30 miles. This was a long journey in those days, and the thought of such a separation was so painful to both the Whittleseys and their friends that special services were held in the church, and on the day of their departure the "Farewell Anthem" was sung by a weeping crowd, as the wagons were about to start. While Elisha was still quite a young boy he was sent to Danbury to stay in the family of his older brother Matthew and go to school. The day he reached Danbury was wet and gloomy, and, wet with the rain and spattered with mud, he says he was homesick for the first and only time in his life. At this time Mr. Comfort Mygatt lived in Danbury and was the father of a very charming little daughter, Polly. One day Polly was coming home from school in her father's sleigh when she saw Elisha struggling along through the snow. She persuaded the man who was driving to stop and take him in. Mr. Whittlesey said to the end of his life that he fell in love with Polly at that moment, and it is certain that the boy and girl friendship thus formed ripened in after years into a very happy marriage. In 1803 Elisha commenced the study of law, and in the March term of 1805 he was admitted to the bar. His first practice HISTORY OF TRUMBULL COUNTY - 157 was in New Milford, and was of short duration, for at that period he met two gentlemen from Canfield, Ohio, and upon conversation with them the young lawyer decided to cross the Alleghanies and establish himself upon the borders of the great west. This at that time meant a long and difficult journey, and before he left he persuaded Polly Mygatt that this would make a new and unusual wedding trip. They were married on the 5th of January, 1806, although Polly's father had some doubts as to the wisdom of trusting his daughter to Elisha Whittlesey, who, he felt sure, would never amount to much. They set out on their journey the 3rd of June, 1807, and reached Canfield, Ohio, the 27th of the same month. The record of the trip, written afterward by Mr. Whittlesey, presents a most natural and life-like picture of the country and the manner and custom of the people. He concludes with this sentence : "The journey was ended on the 27th of June, in a clear day, and the sun set as regularly in the west as at Danbury." Miss Jessie Bostwick accompanied them, and when they were within a short distance of Canfield she and Mrs. Whittlesey insisted on stopping for a little while that they might arrange their hair and put on their new bonnets, brought with them from Connecticut for that purpose. They wished to enter the town in state, and were much surprised to find that it consisted only of a little group of log houses, with but very few people to witness their impressive entry. For the first year the young couple lived in the same house with Mr. and Mrs. Cook Fitch, and so limited were their supplies that they had only four chairs for the two households, so that it required some management to seat guests. On one occasion, after the birth of Mrs. Whittlesey's first child, she and Mrs. Fitch were alone in the house, each with her baby in her arms, when a party of drunken Indians came and demanded food. Neither woman dared to be left alone with the Tndians, nor to lay down her child, so they went back and forth together, carrying the babies and bringing food until their disagreeable guests were satisfied. After the Indians left Mrs. Whittlesey was still more anxious, for they took the road toward Warren, and she knew her husband must be returning home that way. Fortunately, however, they did not meet, and he reached Canfield in safety. Mr. Whittlesey was admitted to the bar of Ohio by the supreme court, then sitting at Warren, in what was called the 158 -HISTORY OF TRUMBULL COUNTY Graeter House. He practiced his profession with great energy from that date until he went to Washington in 1841. He attended to his farm also, taught the district school for several years and at a later period received a number of law students into his office, some of whom have since been among the most distinguished of our public men. In 1810 General Elijah Wadsworth appointed him his aide-de-camp, and in 1812 he entered into the service of the United States in the war with Great Britain. He was later appointed brigade major and inspector under General Perkins, and remained in this position until the troops were discharged in 1813. The first civil office held by Mr. Whittlesey- was that of district or prosecuting attorney for the county of Trumbull. He had many amusing experiences in his rides about the country. and that those were not the days of race suicide is proven by the fact that one morning when he stopped at a farm home he was greeted by the news that the mistress of the house had just presented her husband with her twenty-first child. Mr. Whittlesey himself became the father of ten children, all but one of whom survived him. In 1820 and 1821 he was elected representative in the state legislature. He was first elected to the Congress of the United States in 1822, and was seven times thereafter returned to his seat by his constituents, until in 1837 he resigned. During a great part of this time he was chairman of the committee on claims. This committee was one of the most important of all the committees of the house, requiring a clear head, a deep sense of equity, the strictest probity and the most patient industry. In 1822 he formed a law partnership with Eben Newton, which continued until he was appointed by President Harrison auditor of the treasury for the postoffice department. He did much good work in this office, which he held until 1843. In 1847 he was appointed general agent of the Washington Monument Association, which office he resigned in 1849, when he was appointed by President Taylor first comptroller of the treasury. He held this office through the Taylor and Fillmore administrations, but resigned when President Pierce was elected, as they were of opposing political parties but the president was so strongly impressed with the value of his services that he insisted on his remaining in office. Upon the election of President HISTORY OF TRUMBULL COUNTY - 159 Buchanan he -again presented his resignation, which was accepted. In May, 1861, he was again appointed comptroller by President Lincoln, and on this occasion many commendations were issued by the public press, in one of which the writer says: "The President of the United States has recalled to the office of comptroller of the treasury the Hon. Elisha Whittlesey of Ohio, and that distinguished scholar and statesman has accepted the post of honor and responsibility assigned to him. He is a remarkable and most wonderful man. It was he who redeemed the postoffice department from absolute chaos. He is endowed with talents which most admirably fit him for the office of comptroller, through whose hands every claim against the government of the United States, real or unfounded, must pass. No just claim was ever rejected by him and no unjust one ever succeeded in obtaining access to the national treasury. Even the famous Gardiner claim was not allowed by him, and only succeeded for a time because of the interference of a congressional commission. If he had remained in his place during the last administration he would have unquestionably have saved the country many millions of dollars which were stolen by the desperadoes who had found their way into the cabinet." "And the very highest compliment," says another writer, "was paid to him in the fact that those of more lax and. careless political and financial ethics long derisively styled him the `watch dog of the Treasury.' " In 1855 Mr. Whittlesey suffered a great loss in the death of his beloved wife, who had been his constant and devoted companion, so during his later years he was a lonely man. On January 7, 1863, he attended to business as usual, had an interview with the President, went to Georgetown to attend to some affairs there, and returned feeling somewhat fatigued, as he had not been in his usual health for a few days. As was his custom, he wrote in his diary before retiring for the night, and as he laid aside the pen he was seized with an attack of apoplexy. A servant hearing a slight sound in his room went to his assistance, but he was past mortal help. His son reached him in a few moments, but so brief was the time of his passing 160 - HISTORY OF TRUMBULL COUNTY that the ink was not yet dry on the last words he had written when all was over. In the patriotic devotion of his life no man of his generation surpassed him. He loved the church, he loved his country and gloried as a Christian statesman in all the triumphs of one and in all the prosperity of the other. His name shall not be altogether forgotten. " The memory of the just is blessed, and the righteous shall be held in everlasting remembrance." Although Judge Mathew Birchard was born in Massachusetts, his father settled in Windham when he was only eight years old. He had academical advantages, and studied with Roswell Stone. He was admitted to the bar in 1817, and formed a partnership with David Tod. He was appointed postmaster in 1829, was president-judge of the court of common pleas, resigning in 1836. He served three years as solicitor in the general land office at Washington, having been appointed by Jackson. Van Buren promoted him to the office of solicitor of the treasury, which place he held until 1841. He was elected to the supreme bench in 1842, two years of which time he was chief justice. In 1853 he was elected by the Democrats as a representative to the general assembly. A contemporary says that his knowledge of law was very clear, that he prepared his cases with great care, and seemed to have the qualities which particularly adapted him for judicial life. As he lived in a strong Whig community, he had to overcome some prejudice, and labored under some disadvantages. Hon. Milton Sutliff was the first man elected to the supreme bench who was born in Trumbull County. Vernon was his home, and he was born in the year 1806. He, too, was connected with Gideon Granger, his mother being a cousin. She was a woman of strong sense, resolution, and had a remarkable memory. She was a great reader, as was also his father. Milton completed the college course at Western Reserve in two years. He had a magnificent constitution. As a young man he taught in the south and became very much impressed with the slavery question. He was admitted to the bar in 1824, and immediately began practicing. He was elected to the Ohio senate in 1850. Here he had a chance to do much good work for the anti-slavery committee. In 1857 he was elected to the supreme bench of this state. He was a life-long student, a man of extraordinary oratorical powers, and a good citizen. At the close of his judicial life he HISTORY OF TRUMBULL COUNTY - 161 began practicing his profession in Warren, and continued this until his death. In his will he left a sum of money to the youth of Warren, to be used for a place of amusement. The wording of this clause of his will showed clearly that he intended this to benefit both girls and boys. For many years this money was not used, because it did not seem possible to establish a social hall such as the will called for. It was not understood exactly what was meant. Finally it was combined with the Carnegie Fund and used in erecting_ a library. The lower room in this library is known as Sutliff Hall, and as this is being written, is used by the young men of the city as a gymnasium. So, thirty-one years after the will of Milton Sutliff, conditions are such as to make it possible to carry out in part the provisions of the will. Trumbull County has had upon the supreme bench of Ohio Samuel Huntington, George Tod, Calvin Pease, Mathew Birchard, Milton Sutliff and Wm. T. Spear. One of the most picturesque personalities of the Trumbull Bar was Gen. John Crowell. He was born in 1801 and, like most of the attorneys who began.practice in the '20s and '30s, he was poor and self-educated. His father was a carpenter living in Ashtabula county. He worked on the farm most of the year, attending school a little while each winter. When he was twenty-two he walked to Warren from Rome to attend the academy at Warren, of which E. R. Thompson was teacher. Here he studied irregularly until 1825, when he read law in the office of Hon. T. D. Webb. During this time he was a teacher in this same academy. He began the practice of his profession immediately upon his admittance, 1827. He also went into partnership with George Hapgood, in the Western Reserve Chronicle, and wrote most of the editorials and like articles. He was a successful debater, and greatly enjoyed it. He was elected to the senate in 1840, and to Congress in 1846-48. In 1852 he removed to Cleveland, and the rest of his life, which was very successful, was passed in Cuyahoga county. He married Eliza B. Estabrook, aunt of Miss Mary Estabrook, now residing in Warren. His children were a credit to him; one of them, Julia Crowell, was always more or less attached to her Warren friends, and visited here occasionally as long as she lived. Although Gen. Crowell saw hard times in his youth, as he grew older and more successful he was somewhat pompous. He had the old-fashioned oratory, and one time in addressing a jury he quoted Latin as follows: "Procul, procul, esto profani." Gen. Vol. I-11 162 - HISTORY OF TRUMBULL COUNTY Lucius V. Bierce, who was an attorney on the other side of the case, taking a piece of paper, wrote the following : "Pronul, procul, esto profani," Cried Gen. John Crowell, with uplifted mani. "Procul, procul, esto profani, If I'm not a damn fool, pray tell me what am I." This was passed around among the lawyers, and when the General turned from the jury to address the judge, he was greatly confused to see the entire bar in laughter. We do not know whether he ever knew the cause of this merriment. Charles W. Smith, born in New York in 1821, removed to Bazetta in 1835, was a successful lawyer of his day. He, like his cotemporaries, worked and studied in the common schools as he had opportunity, later teaching and reading law. He completed his law studies in Medina county, and was admitted to the bar in 1846. He married Rachel Anne Park, a sister of S. W. Park, of Weathersfield. He practiced law in Niles for three years, removed to Warren in 1850, was elected prosecuting attorney, and was twice mayor of the city of Warren. He was a captain in the war of the rebellion, and at its close moved to Charleston, West Virginia. He was a member of the upper house of that state, and practiced there until his death, in 1878. His oldest daughter, Sophie, who married Charles A. Harrington, was his companion and helper during his life. We often see this close companionship between father and daughter, and this was one of the strongest. His youngest daughter, Angie, married a nephew of Senator Mahone of Virginia. Thomas D. Webb was a native of Windham, Connecticut, born in 1784. Mr. Webb, like most of the early Connecticut men who were lawyers and leaders, in early Trumbull County, was a college man, graduating from Brown in 1805. He studied law with Hon. Zephaniah Swift, who afterwards became chief justice. Mr. Webb was admitted to the bar in Connecticut, and came to Trumbull County in 1807, settling in Warren. Here he prat ticed law for fifty years. His practice was largely in connection with land claims. He established the first newspaper of Trumbull county, The Trump of Fame. Hon. Asa Jones of Hartford, Trumbull County, has a bound copy of this paper. In 1813 he bought the house from the widow of John Edwards situated on South street and supposed to be the oldest house in the city, and there he spent the remainder of his life. His office was, as were HISTORY OF TRUMBULL COUNTY - 163 most of the offices of the lawyers of that time, on his place. In 1813 he was appointed collector of internal duties for the eighth district of Ohio. The taxes displeased the residents, and one night the citizens gathered about his house demanding his appearance, saying if he did not come out they would tear down the residence. Being convinced he was not at home, they departed without doing any damage. He was twice elected to the state senate. He served, however, only two years, refusing to take the other term. He ran for Congress against Hon. Elisha Whittlesey, and was defeated only by a small majority. In 1811, while helping to raise a building in Howland, he injured his leg, and it was amputated above the knee. He died in 1865. Mr. and Mrs. Webb lived all their married lives in their home on South street, and there celebrated their golden wedding. Mr. Webb was quite an astronomer, and being very fond• of mathematics he pursued the study of higher mathematics as far as Fluxions, a copy of which he owned. This was the only copy in town, and a rare book anywhere. In Mr. Webb's later years Judge George M. Tuttle occasionally studied this book with Mr. Webb. It is not now in the possession of the family. It is feared it must have been sold with some of Mr. Webb's books at the time of his death. Miss Elizabeth Iddings says : "My own recollections of my grandfather are not many. One instance I distinctly remember, however. One evening three of the grandchildren were at grandfather's, and I suppose we made considerable noise. After awhile grandfather offered each of us a cent if we would sit quiet for an hour. My brothers did not manage to do it, but I kept quiet and got the cent. When my grandfather gave it to me he said, solemnly, 'Elizabeth, I am a very old man. I am almost ninety.' This made a great impression on me, as he intended it should. I have laughed over it a good many times since, as he was only eighty-one when he died, and this must have been ten years before that time." Whittlesey Adams was born in Warren in 1829. He graduated from Yale in 1857, and was admitted to the bar in Springfield in 1860. He intended to practice law, and in this he was encouraged by his uncle, Elisha Whittlesey. Although he found the study of law very pleasing, the practice was distasteful. He 164 - HISTORY OF TRUMBULL COUNTY disliked controversy, and early turned his attention to insurance business, which he conducted very successfully for many :years, still being in the same business with his sons. In 1864 he received the appointment as paymaster in the United States army. He was identified with all the early history of Warren, and is more conversant with the same now than probably any other person in Trumbull County. Judge Rufus P. Ranney was born in Massachusetts in 1813. His father took up land in Portage county in 1824. The family was, poor, and young Rufus earned money by chopping wood and by doing other manual labor, as well as by teaching, not only to get a rudimentary, but a college education, as well.. He studied law with Giddings and Wade, and was admitted to the bar in 1836. When Mr. Giddings went to Congress, he was Mr. Wade's partner for ten years. When Mr. Wade became judge, Mr. Ranney removed to Warren, where he soon became the leader at the bar. He was one of Trumbull County's members of the constitutional convention in 1850. Here he did remarkable work, and at that time was elected by the legislature to the supreme bench. After the adoption of the constitution the people re-elected him to this position, which he held till 1856, when he resigned to take up his practice in Cleveland. He was one of the finest lawyers of his time. Rufus P. Spaulding was born in West Liberty, Massachusetts, in 1798, just as the Connecticut Land Company was opening up the Reserve. When he was fourteen his people moved to Norwich, Connecticut. He graduated from Yale at nineteen and read law with Judge Swift, chief justice of the state. When he first went west he practiced in Little Rock, Arkansas, where he remained one year and a half. He then moved to Warren, where he resided sixteen years, living part of the time at the head of Franklin street. He then went to Portage county, and his later history belongs to that county. He possessed a profound knowledge of the law, was a good debater, "while his dignified appearance heightened the effect of his arguments." He turned from the Democratic to the Republican party because of the slavery question. In 1862 he was a representative in Congress. Ira L. Fuller, born in New York, came to Brookfield in 1833, being then seventeen years old. He had the usual education in the common schools was not a college graduate. Two years later he became clerk of the Warren postoffice, when David Tod was postmaster. He then read law, and was admitted to the bar HISTORY OF TRUMBULL COUNTY - 165 in 1840. He served two terms as prosecuting attorney of the county, and for three years as probate judge. He died in 1874. He was an estimable man, but because of his strong sympathy with the south during the war was severely criticized by his fellow attorneys. He married Mary Stevens, the daughter of Horace Stevens, and had a large family of children, all of whom prospered. Additional information in regard to him and his family is given elsewhere in the history. John F. Beaver is never to be forgotten by the younger people of today who saw him, and by the people who did business with him. He was a unique figure,—strong of body and mind, wholly indifferent to his appearance in dress, and rather brusque of manner. He was born in Pennsylvania, and like so many of the men of his age who came from that state, he obtained his education under the greatest difficulties. It is tradition that he was at one time a law partner of Hon. Edgar Cohen, a United States senator from Pennsylvania. This is not wholly verified. He lived in Pittsburg for a time, where, by great industry, he made and saved money, but, not liking the city, he purchased a farm and mill property in Newton Falls in 1844, and for a time abandoned the actual practice of law. His ability was recognized in his new home. He became state senator, serving three terms. His late life was exceedingly happy because he had the respect of his fellow men, had plenty of means, had land of his own upon which he could hunt, and because he was an omnivorous reader and an unusual conversationalist. He was often spoken of as "Old John Beaver," and the mention of his name almost always caused good feeling. fie died when he was 77 years old. Jonathan Ingersoll was educated for the United States navy, and when but a boy went on a cruise in the Old Constitution, going almost around the world. He resigned from the navy in 1836, married Catherine Seely, a daughter of Dr. Sylvanus Seely, in 1838. Having prepared himself for the law, he began practice, and about 1840 was clerk of the court of common pleas, which office he held for seven years. He was then clerk of the supreme court of Trumbull County. He died in 1875. Hon. John Hutchins, although he lived in Cleveland in the last years of his life, was really identified with the history of Trumbull County. His ancestors came from Connecticut in 1800, making the journey with ox teams, and settling in Vienna. He had all the advantage of the men of his time in education, for, aside from common schools, he attended Western Reserve Col- 166 - HISTORY OF TRUMBULL COUNTY lege. He studied law with David Tod, and was admitted in 1838 in New Lisbon. Later he was clerk of the Trumbull County court for five years. He had at different times as his partners David Tod, B. F. Hoffman, J. D. Cox, Milton Sutliff and others. He succeeded Joshua R. Giddings in Congress in 1858, serving two terms. He removed to Cleveland in 1868. Although R. W. Ratliff was a soldier and a banker, he practiced law for many years in Trumbull County. Like most of the young men of his time, he worked part of the year on the farm and attended school. He finished his law course with Wade & Ranney, and was admitted in 1846. During this law course he taught school in the little one-story schoolhouse which stood on High street near Elm, and upon which lot, many years after, he erected a beautiful home for himself and family. He was in partnership at one time with Judge B. F. Hoffman, with John Hutchins, with J. D. Cox, and William T. Spear, afterwards supreme judge. He was lieutenant-colonel of the Second Ohio Cavalry, did service in the Indian expedition in Kansas, was in Kentucky and Tennessee, later raised the 12th Ohio Cavalry Regiment, of which he was first lieutenant, *and of which he afterwards became colonel. He was made brigadier-general for gallant service, and was severely wounded at Duck Creek, Tennessee. Upon his return from the army he resumed the practice of law, and afterwards became cashier of the Second National Bank. He married Olive, the sister of Samuel Freeman, for his first wife, and Jane Tod, the sister of Mrs. Samuel Freeman, for his second wife. He had two daughters by the second marriage, both of whom are living. He was greatly beloved and respected in the community. General M. D. Leggett and General J. D. Cox were both lawyers of Trumbull County, but were educators and soldiers as well. Accounts of their lives and works are found in other chapters. Mr. Selden Haines, the great-uncle of Judge D. R. Gilbert, was one of the early members of the bar. He graduated at Yale, and says : "In the spring of 1831 I located at Poland, then in Trumbull County, hung out my shingle. The principal influential members of the bar of Trumbull were Whittlesey & Newton, of Canfield, Hine & Rockwell, of Youngstown, Thomas D. Webb, Gen. R. Stone, R. P. Spaulding, Birchard & Tod, John Crowell (of Warren), George Swift, of Kinsman. George Tod of Brier Hill was the presiding judge. Whittlesey & Newton always had HISTORY OF TRUMBULL COUNTY - 167 the largest calendar of causes. Joshua R. Giddings attended court. in Trumbull. Wade was associated with him. At Poland I was on the direct route from Pittsburg to Cleveland, and, through the aid of the hotel keeper, I secured quite a business from Pittsburg and Philadelphia; besides I was honored with the dignity of justice of the peace. By the most rigid economy I secured a living. In addition to other positions, I commanded a, regiment of riflemen for five years. My last official act as colonel was to command the escort that was called out by Sheriff Mygatt when he executed the extreme penalty of the law upon Ira Gardner, who murdered his step-daughter in Gustavus." Benjamin F. Hoffman came from Pennsylvania to Ohio in 1833. He intended to teach school and survey land, but instead he studied law in David Tod's office. It was not his intention to be a lawyer, but he grew to like it, went to Cincinnati for a six-months' course. He was there admitted to the bar in 1836, and formed a partnership with Hon. George Tod at Warren. When David Tod was elected to the senate he held the position of postmaster. Mr. Hoffman succeeded him as postmaster. Mr. Hoffman was associated at different time with Hon. Mathew Birchard, Hon. John Hutchins and Colonel R. W. Ratliff. He was elected judge of the second subdivision of the ninth judicial district in 1856, was Governor Tod's private secretary in 1861, and resided in Warren until 1870. He is at this writing living in Pasadena, California, at the age of ninety-seven. Gen. L. V. Bierce was born in 1801. His father, a Connecticut farmer, moved to Nelson, Ohio, in 1816. Earned his living at Ohio University where he obtained his education. He was examined by Elisha Whittlesey, John C. Wright and Thomas Webb. Judge George Tod became interested in him and appointed him prosecuting attorney in 1836. He moved to Ravenna and lived there until 1837, when he went to Akron. Although he was 60 years old when the war broke out, he raised two companies of marines. He boarded them for two days and partially clothed them and delivered them at the Washington Navy Yard. Returning home he raised a company of one hundred men for the artillery service. He was too old to go himself. He was elected to Ohio senate by 3,000 majority. Being appointed assistant adjutant general of the United States in 1863, he disbursed over 168 - HISTORY OF TRUMBULL COUNTY a million dollars. In 1875 he gave his entire property of $30,000 to Akron for public buildings. Joel W. Tyler was identified with the bar of the Western Reserve and lived in Warren in 1858, forming a partnership with Judge Mathew Birchard. TWO years later he was elected judge of the court of common pleas and said that he would hold his office until some man who was in the army was wounded or made unfit for service, when he would resign in his favor. He was elected for the second term and yielded his place to Judge Albert Yeomans, who was badly wounded in the army and who long held the office of probate judge. Mr. Tyler taught school, attended the Western Reserve Academy at Hudson, studied law with Tilden and Ranney of Ravenna; practiced a while at Garrettsville, removed to Kent in 1851. He became interested in the Atlantic & Great Western Railway as an attorney, lived in Mansfield, then in Warren, and in 1865 moved to Cleveland. where he lived the rest of his life. Charles E. Glidden was born in Claremont, New Hampshire. in 1835. He studied law in New York state and at Poughkeepsie, graduating at the Law College there in 1855. He removed to Poland that same year and was admitted to the bar in 1856 at Ravenna. He practiced law in Poland until 1862, when he was elected judge of the court of common pleas. His term expired in 1867. He then formed a partnership with Hon. F. E. Hutchins and John M. Stull. He practiced until 1872, when he was again elected judge. At the expiration of his term, 1877, he resumed practice in Warren, but his health soon failed and he removed to Massachusetts, where, after a long illness, he died. He was married in 1856 to Mrs. Eliza K. Morse, of Poland. They had one son, Charles, who now lives in New England. Levi Sutliff was born in Vernon in 1805. He belonged to a family of lawyers, being a brother of Milton and Calvin. Both his father and mother had unusual mental attainments. The getting of an education for young men of his time was exceedingly difficult. He did not study law until middle life. He was admitted to the bar in 1840. Ten years later he removed to Warren, having had rural practice before that. He formed a partnership with Judge Birchard, but soon retired to care for his property interests. Although a lawyer he is better known as a business man, as a slavery agitator and as a student. He married Miss Mary Plum, of Vernon, for a first wife, and Miss Phoebe L. Marvin, of Bazetta, for the second. He died in 1864. HISTORY OF TRUMBULL COUNTY - 169 Mrs. Sutliff and her daughter, Miss Phoebe, live in Warren, while the youngest daughter, Mrs. Ed. Brainard, lives in Toledo. Calvin G. Sutliff, a brother of Milton and Levi, was born in Vernon in 1808. He was a partner of his brother, Milton, and afterwards formed a partnership with Hon. John Hutchins. He had a fine mind, was very industrious, had a good practice. In the midst of life, when he was forty-four, he died from a cold which he contracted when on business in Geauga county. He was a powerful man, physically, being six feet two inches high. He married Miss Hannah Bennett, of Hartford, in 1845. Mrs. Sutliff was a sister of Mrs. Samuel Quinby, and later married C. W. Tyler. Of her four children by her first marriage three are now living, Mrs. Homer Stewart, of Warren, being one of them. Col. Roswell Stone was a lawyer of learning and distinction, of fine personal appearance. He was prosecuting attorney in 1823. The legislature then appointed common pleas judges, and Stone was slated for that nomination. Mrs. Stone was an accomplished woman and for some time taught a school for young ladies, which was attended by home folks and foreigners as well. She still lives in Warren. Mr. Stone was identified with the bar in the sixties and was successful. His son, Fred Stone, is county auditor. Mention of Mr. Stone and family is made elsewhere. Judge Albert Yeomans was born in Kinsman in 1826. He was educated in the district schools there and in the Grand River Institute at Austinburg. Tie studied law with General Crowell in Warren. He early .entered the Union army and was badly wounded at the battle of Chickamauga, causing permanent lameness. In 1864 he was elected probate judge, and served until 1879. His term of office as judge was the longest of any in the history of Trumbull County. He was an invalid for some years before his death. He was twice married. His first children do not live in Trumbull County. His second wife, Amelia Adams, and two daughters, Mrs. George Bunting and Mrs. J. C. Oriel, survive him. Francis Edwin Hutchins, born in New Milford, Litchfield county, Connecticut, September 16, 1826, was the second of three sons of Myron M. and Mary Porter Hutchinson. His father was the son of John Hutchinson, who claimed to be a lineal descendant of the royal governor of Massachusetts of that name. 170 - HISTORY OF TRUMBULL COUNTY By the advice of his law preceptor, Mr. Hutchins dropped the last syllable of his name—much to his regret in later years—and has ever since been known by the name of Hutchins. In 1832 the family removed from Connecticut to Northfield, then in Portage county, Ohio, and in 1835 they went to western Michigan, where they remained till the fall of 1844. They then returned to Ohio, and settled in Youngstown. His education has been self-acquired. The whole time of his attendance at school, aside from a little while in Michigan, would not exceed one year. He was of studious habits, and thus educated himself. In the latter part of the season of 1845 he went one trip from Youngstown to Cleveland as driver of a canal boat, and returned first as bowsman and then as steersman of the same boat, and the rest of the season he ran it as captain, as be did another boat the next summer. He worked some time in a foundry in shaping and dressing by hand the wood work of ploughs. He spent one year in learning the carpenter trade, and then worked six months as a journeyman at that trade; and began reading law on a pecuniary capital of nineteen dollars due him from his employer, and for which he had to sue, and to discount the judgment obtained for seventeen dollars cash. He read law in Youngstown, and was admitted to the bar August, 1851, and on December 11, 1851, was married to Elizabeth M. Sanderson. He continued the practice of the law in Youngstown until 1859, when he removed to Warren, Trumbull County, where he has since resided. In 1864 he entered the "hundred days" service in the army as captain of Company A, 171st Regiment, Ohio Volunteers, and was, for a time, the superintendent of the rebel prison on Johnson's Island in Lake Erie; and from there was ordered to Cincinnati as judge-advocate of a military commission, in which capacity he served until attacked by typhoid fever, from which he was not entirely recovered at the expiration of his term of service. He was a delegate to the Republican convention which, in 1896, nominated William McKinley for president. He had known Mr. McKinley well from the time the latter entered the academy at Poland, before he went into the army. They were very warm personal friends. He examined McKinley on his admission to the bar at Warren, and was very highly esteemed by him, personally and as a lawyer. HISTORY OF TRUMBULL COUNTY - 171 He was mentioned for election as one of the judges of the supreme court of Ohio, but partial and increasing deafness, the result of typhoid fever in the army, not only prevented this, but greatly interfered with his practice; and so much so that McKinley said after his nomination that, if elected, he was going to find some place for Mr. Hutchins. A warm friendship and mutual admiration existed between him and Hon. Luther Day, the father of Associate Justice William R. Day, of the United States Supreme Court. Judge Luther Day was on the bench in his district when Mr. Hutchins came to the bar; and he practiced before him several years in the supreme court and lower courts. In February, 1898, Mr. Hutchins was in Washington and called on his old friend, President McKinley. The great topic then was war with Spain for the benefit of Cuba. Congress and the people wanted it, but the president held back, first because we were not ready for war, and, second, no justification for our hostile interference in the government of her own colonies by a friendly nation which would be held sufficient by other nations had been formulated. On being asked by the v president, Mr. Hutchins gave his views, which so impressed the president that he asked him to state them to Acting Secretary of State Day, and that was done. Upon calling later to take leave of the secretary, he requested Mr. Hutchins to formulate his views upon that subject in a letter to him. This was done in a letter of February 13, 1898. Early in April the president requested each member of his cabinet to submit his individual views of the causes which would justify our hostile interference with Spain with reference to Cuba. This was done, Secretary Day presenting the letter of Mr. Hutchins, as expressing his views. In his war message to Congress of April 11th the president, in stating the causes which in his opinion justified our hostile interference with Spain, copied almost verbatim from this letter of Mr. Hutchins. This has since become a part of the international law, as expounded by writers; and is copied as Mr. Hutchins wrote it, in Taylor on International Law, pages 421 and 422. On June 1, 1898, Mr. Hutchins was, at the special request of President McKinley and Secretary of State William R. Day, appointed by Attorney-General Griggs as special assistant to the attorney-general, which office he still holds. As showing 172 - HISTORY OF TRUMBULL COUNTY the estimation in which he has been held in that department, it may be added that he was directed by the attorney-general to examine the case and propose a bill in chancery to foreclose the government's lien of nearly sixty million dollars against the Central Pacific Railroad Company, for the subsidy bonds issued in aid of the construction of its road. When this had been prepared, the company made a settlement, by which it was agreed that the corporation should be reorganized and the whole debt assumed by bonds secured by mortgage upon its whole property. As the attorney-general was about starting with President McKinley on his western tour, these bonds were tendered to the treasurer of the United States for his approval and acceptance, and the question of their sufficiency and acceptance had been referred to the attorney-general, who directed Mr. Hutchins to examine and report to the treasurer whether the corporation had been properly reorganized and incorporated in all the states and territories into which the road ran, and whether the bonds were in accordance with the agreement and such as should be accepted. This he did, and upon his advice the bonds for this large sum were accepted by the treasurer and the matter closed. His business is much in the way of preparing the opinions of the attorney-general, when asked for by the president or the head of a department; letters of instruction to the various district attorneys throughout the country, and in opinions upon the various legal questions arising in the administration of the government. Though now past eighty-two years of age, and partially blind and deaf, he is still vigorous and active, and retains his mental faculties unabated. John M. Stull was one of the most generous lawyers of Warren, had many friends, and was devoted and loved by the people of his own church, the Methodist. He was of German and Scotch-Irish blood. His father died when he was twelve years old. At nineteen he went to Hampden, Ohio, to learn the blacksmith trade, and later opened a shop in Farmington. As Mr. Stull was always a delicate man, and lived many years beyond the time his friends expected him to, it has always been a won- der why he chose for his occupation one so hard as blacksmithing. He had a limited education, and if he had not received injuries which made it impossible for him to continue at his trade he would not have become a lawyer. Overcoming many obstacles, he finally acquired an academic education. He went HISTORY OF TRUMBULL COUNTY - 173 south to teach, and studied law when he was twenty-seven years old, in Kentucky. He was not admitted to the bar until he was thirty. He married Florilla W. Wolcott, whose tender care and business sense helped him in the early years of his profession. His marriage was an exceedingly happy one, and the loss of his wife in 1878 was a terrible blow to him. He had for partners at law at different times Judge Tuttle, Milton Sutliff, F. E. Hutchins and Judge Glidden. He served as prosecuting attorney of the county, as mayor, and as state senator. He died in 1907 in Florida, where he had gone to escape the rigors of the winter. He is survived by one daughter, Mrs. A. F. Harris, who resembles him in appearance and has much of his business ability. Homer E. Stewart has lived his entire life in Trumbull County. He was born at Coitsville in 1845, before the formation of Mahoning county. He is a college man, graduating at Westminster, Pennsylvania, in 1867. He attended the Albany-Law School, having prepared himself in the office of Hon. Milton Sutliff, and became a member of the bar in 1869. In 1870 he entered into partnership with Judge Sutliff, which continued until the latter's death in 1878. He married Kate L. Sutliff, (laughter of Calvin Sutliff, in 1870, and has three children, Retell, now Mrs. Foster, and Homer and Milton. Charles A. Harrington was born in Greene in 1824. Attended Grand River Institute and Oberlin College. Taught district school and established a select school in Greene township which was very successful. This was in 1846. At this time he began the study of law, and was admitted in 1849. In 1860 he was elected clerk of the court of common pleas. He was internal revenue assessor from 1867 to 1873. He was a partner of William T. Spear, later supreme judge, from 1873 to '79. In 1877 he retired from active practice. Although 85 years old, he is a great reader and a student, and a delightful conversationalist. Asa W. Jones was born in Johnsonville in 1838. He was educated in the schools of his neighborhood and attended the seminary at West Farmington. He studied law with Curtis & Smith at Warren, Ohio, and when twenty-one years old, 1859, was admitted. He was appointed to fill an unexpired term as prosecuting attorney of Mahoning county, and later was elected to that office. In 1896 he was elected lieutenant governor and served until 1900. He spent most of his professional life in Youngstown, Ohio; where he had a large and lucrative practice. 174 - HISTORY OF TRUMBULL COUNTY He has lately retired, and lives on a farm in Hartford, near Burghill. Julius N. Cowdrey was born in Mecca, spent early life on a farm, attended school in Cortland, Western Reserve Seminary, and graduated from Western Reserve College in 1865. Studied law with Tuttle & Stull and later at the University of Michigan. He was admitted in 1868, located in Hubbard in '69, removed to Niles in 1871, where he still continues to practice. Judge S. B. Craig was born in Braceville in 1844. He attended school in Warren and in Farmington, and earned money which enabled him to take a course in Allegheny College at Meadville. He graduated in 1871, immediately began the study of law with Hutchins, Glidden & Stull, was admitted in 1873, and began the practice soon. He served two terms as probate judge. He continues to practice, and devotes a part of his time to the People's Ice & Cold Storage Company, of which he is president. George M. Tuttle, who died in 1907 at the age of ninety-two years, was one of the most interesting characters at the Trumbull County bar. He was born in 1815 in Connecticut, and was a self-educated man. When young he worked on his father's farm. All his life he was much interested in mechanics. He made clocks and studied as he worked, whether at field work or shop work. He began the study of law in 1837 in Connecticut. During this time he clerked in the postoffice as well, but this double duty told on his health, and he had to cease all kinds of labor. When his father's family moved to New York state he taught school. They did not remain long in New York, but came to Colebrook, Ashtabula. Here he continued his old habits of working and studying. He studied law with Wade & Ranney, of Jefferson. He was admitted to the bar in 1841, the next winter taught school and practiced law. In 1844 he removed to Warren, where he spent the rest of his life. After he began active practice, he never ceased until 1902. He was long associated in business with Hon. Milton Sutliff. The latter made him his executor, and bequeathed to him a portion of his estate. His other partners were Judge Humphrey, Alexander McConnel, Wm. Whittlesey, John M. Stull, F. E. Hutchins and his son-in-law, Charles Fillius. He was elected common pleas judge in 1866, and served until 1872. He was a member of the constitutional convention of 1871. He was a great reader from his early childhood. He was one of four men possessed of the 150 - HISTORY OF TRUMBULL COUNTY and served one year. Portage county was formed from Trumbull in 1807, and the act erecting this county designated his house as the place of holding the first court. It is a tradition, not wholly verified, that when the proper officers proceeded to his house on the morning court was to open they found it burned to the ground. So the court of this county, like that of its mother, Trumbull, was first held with the trees and the skies as a cover. Mr. Tappan's life from beginning to end was eventful, but after the year 1808 its narrative does not belong in Trumbull County history. He was, however, aide-de-camp to General Wadsworth in the war of 1812, judge of the fifth Ohio circuit, United States judge for Ohio; and United States senator from 1839-45. He was a good linguist and compiled "Tappan's Reports." George Tod came to New Connecticut in 1800, about the time of Mr. Edwards' arrival. He was born in Suffield, Connecticut, in 1773 ; graduated from Yale in 1797 ; he taught school, read law, and was admitted to the bar in Connecticut. He married Miss Sallie Isaacs in 1797. She was a sister of Mrs. Ingersoll, whose husband was governor. Two of his children, Charlotte and Jonathan, were born in Connecticut. He was appointed prosecuting attorney at the first term of court held in Trumbull County, Warren, in 1800. He was identified with almost every important act connected with the settlement of the new country. He was township clerk in 1802-03-04; senator from Trumbull County for 1804 and 1805 ; again in 1810 and 1811. In 1806 he was appointed judge of the supreme court of the state to fill a vacancy, and the next year was elected by the legislature to the same place. He was lieutenant colonel in the war of 1812. He held the office of judge of the court of common pleas from 1815 to 1829, and a few years later held the office of prosecuting attorney for one term. He was sixty-eight years old when he died in 1841. He was prosecuting attorney at the time of the indictment of Joseph McMahon for murder. No history nor even short historical sketch of the early Trumbull County has ever been written which, did not refer to the murder committed at Salt Springs. Because this pertains largely to law, it is given here. Joseph McMahon, a trader and somewhat of a wanderer, with his wife and children, lived in several different places in and adjoining Warren. At that time the Indians were very numerous in this part of the country, but gave the settlers little HISTORY OF TRUMBULL COUNTY - 151 real trouble unless they were under the influence of "fire-water." McMahon was not of the same moral standing as were most of the other settlers in Warren. He lived here as early as 1797, and possibly earlier. In 1800 he lived at Salt Springs, and in July he, with two other white men, was engaged in making salt. The old Indian trail and the traders' path from Youngstown to Sandusky led by this spring. Indians, having been in Youngstown, became intoxicated enough to be quarrelsome, and on their return stopped at Salt Springs with their squaws and papooses. A carousal was begun in which McMahon and the two white men joined. Bad blood was soon evident, and the Indians drove the white men away. After the men had gone the Indians began to tease McMahon's wife, and threatened to kill her and her children. _McMahon was working on an adjoining place. Mrs. McMahon took her children and went to her husband, stayed over night, and he returned with her in the morning. The matter was talked over with the Indians who were encamped near them, and apparently a satisfactory agreement arrived at. McMahon returned to Storer's to work. However, the Indians again became abusive, and struck one of the McMahon children with the handle of his tomahawk. As this had been going on for four of five days. Mrs. McMahon again became alarmed, and started out to meet her husband. Again they stayed all night at the Storer's, and the matter was talked over. On Sunday McMahon came into Warren for consultation with the settlers, and about thirteen men and two boys returned with him to Salt Springs. Mr. Quinby led the party, and, when a little distance from the Springs, halted, expecting to leave the rest of the party while he went on to see the Indians. This he did. He talked with Captain George. a Tuscarawa, and Spotted John, a Seneca, who was partly white. They laughed off the matter, saying that the white men drank up all the Indians' whiskey and then would not let them have any of theirs, but agreed to do them no further harm. They agreed that McMahon and his family could return and would not he molested. McMahon had not obeyed orders, had not halted, and when Mr. Quinby saw him coming and tried to stop him, he would not heed. Going on to Captain George, he asked him, "Are you for peace or ware Yesterday you had your men; now I've got mine." A tomahawk was sticking in the tree and Captain George raised himself from his position, seized it, apparently to sink it in McMahon's head. McMahon was too near to shoot, but, jumping back. fired, hitting the Indian in the breast and 152 - HISTORY OF TRUMBULL COUNTY killing him. McMahon, greatly excited, seeing the Indians spring for their weapons, called on the whites to shoot, and Storer, seeing that Spotted John was aiming at him from behind a tree where he, his squaw and papooses were hiding, fired. "Storer's ball passed through Spotted John's hip, broke a boy's arm, passed under the cords in the neck of his girl and grazed the throat of his squaw." All was immediate confusion. The whites beat a hasty retreat, the two boys who had come with McMahon ran a distance of nearly three miles without stopping. The Indians buried the bodies—or, rather, half buried them—and departed, leaving the wounded squaw and her children. They locating their camp near Newton Falls. The wounded woman immediately set out for the residence of Hillman, who seemed to be the friend of all in distress, and covered the nine miles in an hour and a half. Both Indians and white men were greatly astonished over what had happened. None of them expected it, unless it was McMahon. The white men had gone with him believing to find that he was an aggressor. He was arrested, and taken to Pittsburg for safety. A little later, as the rendezvous had been on the Storer place, there was some talk of arresting Storer. Having learned of this, he disappeared. In talking with Leonard Case Sr., whose mind was very fair and judicial, Storer said he had gone to Salt Springs with the intention only of settling the difficulty. "He had suddenly found himself in imminent and instant danger of being shot, without any possible means of escape. He had shot to save his own life." Storer, like many other citizens of this region, did not know that the United States had assumed legal jurisdiction over this territory, and not knowing by whom he would be tried, feared to stay. He was a gentleman, and never ceased to regret he had been drawn into this affair. He left Warren, after a few years' stay. "On Monday, Mrs. Storer mounted her two horses with her three children and what goods and clothing she could carry and started for her former home in Washington county, Pennsylvania, alone, except that Mr. Mills of Nelson, who was on his way to Beaver, accompanied her as far as the latter place. The rest of her property was left to such care as a few friendly neighbors could give it." James Hillman, who knew and understood the Indians as well as he did the whites, acted as peace maker, and finally persuaded the Indians to take up their hunting, and the whites who had gathered at Quinby's to go back to their homes, and there was no further trouble. In September these men were tried at HISTORY OF TRUMBULL COUNTY - 153 Youngstown before Justice Huntington. Return J. Meigs and Governor St. Clair attended. George Tod acted as prosecutor, while McMahon was defended by John S. Edwards, Benjamin Tappan, who was the first attorney in the territory now known as Portage county, Ravenna, and Mr. Sample, of Pittsburg. McMahon was not found guilty. This was the first case of any importance tried in old Trumbull County. The stories told by diaries, letters and word of mouth differ somewhat. We have rather been taught to think that McMahon should have been hung. Leonard Case says : " The writer has heard that (McMahon's) verdict severely criticised, but he has no doubt that it was in accordance with the law as generally applied to murders—the evidence being as there given. Moreover, those jurors would have compared favorably with the jurors selected to try like cases at the present day. Joseph and John Filles, two young men, who were at the Salt Springs during the fracas, some three days afterwards stayed at the house of the father of the writer. They both made a statement to us, which was never given in evidence, which would have been material to show George's motive. It was this. During the drunken scrape George several times said that he had killed nineteen white men and wanted to kill one more to make an even number. But the Filles left for the Ohio, and were not at the McMahon trial." Storer was acquitted. Thus the first important trial on the Western Reserve, like the last one, created differences of opinion among the residents of the community, and judges were accused of unfairness. Among the early lawyers most familiar with the Western Reserve was Samuel Huntington. He was the nephew and adopted son of Gov. Samuel Huntington, a signer of the Declaration of Independence. Like most of the first lawyers of the new country, he was a graduate of Yale, and had been admitted to the practice of law in his native state. In 1800 he came .to Ohio and lived at different times in Youngstown, Cleveland and Painesville. He held numerous offices, was a state senator from Trumbull County, judge of the supreme court and governor of the state. In 1801 he removed from Youngstown to Cleveland, although he was obliged to come to Warren through the woods 154 - HISTORY OF TRUMBULL COUNTY to attend court. He was perhaps the most fortunate in a financial way of any of the lawyers of his time. His house, built at Cleveland, was the most spacious and comfortable of any of the homes on the Reserve. He kept servants and had a governess for his children. He was finely educated in other directions than law, speaking French fluently. He had had advantage of travel and foreign study. He was a member of the convention which formed the state constitution, and for nearly half the session he was the only representative that Trumbull County had in that body. In spite of all these advantages, he still had to endure the hardships of the ordinary frontiersman. He rode his horse through swamps, swimming streams, carrying his law books with him. When these early lawyers went in some directions they were obliged to take an extra horse upon which they packed not only their books, their clothing, but provisions for themselves and their horses as well, because the Indians could not be depended upon to provide even horse feed. As there were no bridges, and as the streams were much fuller in those days than now, all early ministers and lawyers, in buying horses, had to be assured that the animals were good swimmers. Many of these early professional men ran great danger from flood, Indians and wild animals. Judge Huntington once fought a pack of wolves within what is now the residence portion of Cleveland with an umbrella, and owed his deliverance to this implement and to the fleetness of his horse. A great portion of his life was spent in Trumbull County. It will be remembered that next to Augustus Porter, the ranking surveyor and the only astronomer who accompanied Moses Cleaveland's party was Seth Pease. His reports are in the possession of the Western Reserve Historical Society, and much of the valuable information which we have came from him. He did not settle permanently in New Connecticut. His brother Calvin, who was born in 1776 and came west in 1800, was one of the best beloved and able attorneys of that time. There is no record that he received a college education, as did most of his associates, but Gideon Granger, who was postmaster general under Jefferson, married his sister, and he was a student in Granger's office. Although he was not admitted to the bar until October, he was appointed first clerk of the court of quarter sessions held in August in Warren. He was elected president-judge of the court of common pleas of the third circuit, which included Washington, Belmont, Jefferson, Columbiana and Trumbull HISTORY OF TRUMBULL COUNTY - 155 counties. He was not quite twenty-seven when he was elected, yet he judiciously discharged the duties of his office. In 1816 he entered upon his duty as a judge of the supreme court. At one time the legislature passed an act providing that "justices of the peace should have jurisdiction in civil cases to the amount of $50, without the right of trial by jury." The supreme court held that this was in conflict with the constitution of the United States, which declared "in suits of common law when the value in controversy shall exceed. $20, the right of trial by jury shall be preserved," and also of the state constitution, which declares the right of trial by jury shall be inviolate." This decision created a great deal of discussion, and so incensed were the members of the legislature that charges for impeachment were brought against Pease and Tod. There were three counts against Pease. The trial was had in the senate chamber of the capitol, eminent attorneys serving, and the judges were acquitted. From that day the right of the supreme court to pass on the constitutionality of laws has seldom been even questioned. Judge Pease was a senator in 1812. Ile was full of wit and humor, and when attending court, as well as at home, was playing pranks on his fellow lawyers. It is said that he used to take the crutch of Thomas D. Webb, when the lawyers were away from home at court. and in the night hobble into the rooms of the other attorneys. play pranks of all sorts in such a way that the persons teased believed Webb to be the aggressor. In spite of this vein of humor, he was exceedingly dignified on the bench. Judge Thurman says of him: "One of the finest specimens of manhood I ever saw was Calvin Pease, then chief judge of the supreme court, dressed in a way that would make a dude faint, the most perfect dress I ever saw on a man, and the nicest ruffles on his shirt bosom, looking the very beau-ideal of a gentleman of the olden times. By his side sat Peter Hitchcock. Now what a team was that ! Woe unto that man who had a bad cause and tried to palm it off onto them. What great men they were ! Hitchcock was on the bench much longer than Pease, though Pease achieved a wonderful reputation and a deserved one, so much so that Thomas Ewing once said to me, that of all the judges he had ever appeared before, in his opinion Calvin Pease was the greatest." "When Gen. Simon Perkins was wanting a name for 156 - HISTORY OF TRUMBULL COUNTY his new town, which was set upon a hill, he appealed to Mr. Olcott for one that should be significant, but upon which Judge Pease could not pun. Call it Akron, since it is on a summit' said Mr. Olcott, and the suggestion was accepted. Later General Perkins laughingly boasted to Judge Pease that his town had a name that could not be punned upon, namely, Akron. 'Akron, Akron,' said Judge Pease. 'Oh, Acheron!' Now, Acheron in heathen mythology is the name of a river in hell." Virginia Reid, a great-granddaughter of Elisha Whittlesey. prepared the following at the request of the author : Elisha Whittlesey was born October 19, 1783, in Washington, Connecticut. His father was a descendant of John Whittlesey, who came to this country from England about 1630. In Elisha's early boyhood he worked on his father's farm and attended the district school. One of his early teachers was the Rev. Jeremiah Day, who was afterward president of Yale College. In 1792 the father of Elisha sold his farm and bought another in Salisbury, distant about 30 miles. This was a long journey in those days, and the thought of such a separation was so painful to both the Whittleseys and their friends that special services were held in the church, and on the day of their departure the "Farewell Anthem" was sung by a weeping crowd, as the wagons were about to start. While Elisha was still quite a young boy he was sent to Danbury to stay in the family of his older brother Matthew and go to school. The day he reached Danbury was wet and gloomy, and, wet with the rain and spattered with mud, he says he was homesick for the first and only time in his life. At this time Mr. Comfort Mygatt lived in Danbury and was the father of a very charming little daughter, Polly. One day Polly was coming home from school in her father's sleigh when she saw Elisha struggling along through the snow. She persuaded the man who was driving to stop and take him in. Mr. Whittlesey said to the end of his life that he fell in love with Polly at that moment, and it is certain that the boy and girl friendship thus formed ripened in after years into a very happy marriage. In 1803 Elisha commenced the study of law, and in the March term of 1805 he was admitted to the bar. His first practice HISTORY OF TRUMBULL COUNTY - 157 was in New Milford, and was of short duration, for at that period he met two gentlemen from Canfield, Ohio, and upon conversation with them the young lawyer decided to cross the Alleghanies and establish himself upon the borders of the great west. This at that time meant a long and difficult journey, and before he left he persuaded Polly Mygatt that this would make a new and unusual wedding trip. They were married on the 5th of January, 1806, although Polly's father had some doubts as to the wisdom of trusting his daughter to Elisha Whittlesey, who, he felt sure, would never amount to much. They set out on their journey the 3rd of June, 1807, and reached Canfield, Ohio, the 27th of the same month. The record of the trip, written afterward by Mr. Whittlesey, presents a most natural and life-like picture of the country and the manner and custom of the people. He concludes with this sentence : "The journey was ended on the 27th of June, in a clear day, and the sun set as regularly in the west as at Danbury." Miss Jessie Bostwick accompanied them, and when they were within a short distance of Canfield she and Mrs. Whittlesey insisted on stopping for a little while that they might arrange their hair and put on their new bonnets, brought with them from Connecticut for that purpose. They wished to enter the town in state, and were much surprised to find that it consisted only of a little group of log houses, with but very few people to witness their impressive entry. For the first year the young couple lived in the same house with Mr. and Mrs. Cook Fitch, and so limited were their supplies that they had only four chairs for the two households, so that it required some management to seat guests. On one occasion, after the birth of Mrs. Whittlesey's first child, she and Mrs. Fitch were alone in the house, each with her baby in her arms, when a party of drunken Indians came and demanded food. Neither woman dared to be left alone with the Tndians, nor to lay down her child, so they went back and forth together, carrying the babies and bringing food until their disagreeable guests were satisfied. After the Indians left Mrs. Whittlesey was still more anxious, for they took the road toward Warren, and she knew her husband must be returning home that way. Fortunately, however, they did not meet, and he reached Canfield in safety. Mr. Whittlesey was admitted to the bar of Ohio by the supreme court, then sitting at Warren, in what was called the 158 -HISTORY OF TRUMBULL COUNTY Graeter House. He practiced his profession with great energy from that date until he went to Washington in 1841. He attended to his farm also, taught the district school for several years and at a later period received a number of law students into his office, some of whom have since been among the most distinguished of our public men. In 1810 General Elijah Wadsworth appointed him his aide-de-camp, and in 1812 he entered into the service of the United States in the war with Great Britain. He was later appointed brigade major and inspector under General Perkins, and remained in this position until the troops were discharged in 1813. The first civil office held by Mr. Whittlesey- was that of district or prosecuting attorney for the county of Trumbull. He had many amusing experiences in his rides about the country. and that those were not the days of race suicide is proven by the fact that one morning when he stopped at a farm home he was greeted by the news that the mistress of the house had just presented her husband with her twenty-first child. Mr. Whittlesey himself became the father of ten children, all but one of whom survived him. In 1820 and 1821 he was elected representative in the state legislature. He was first elected to the Congress of the United States in 1822, and was seven times thereafter returned to his seat by his constituents, until in 1837 he resigned. During a great part of this time he was chairman of the committee on claims. This committee was one of the most important of all the committees of the house, requiring a clear head, a deep sense of equity, the strictest probity and the most patient industry. In 1822 he formed a law partnership with Eben Newton, which continued until he was appointed by President Harrison auditor of the treasury for the postoffice department. He did much good work in this office, which he held until 1843. In 1847 he was appointed general agent of the Washington Monument Association, which office he resigned in 1849, when he was appointed by President Taylor first comptroller of the treasury. He held this office through the Taylor and Fillmore administrations, but resigned when President Pierce was elected, as they were of opposing political parties but the president was so strongly impressed with the value of his services that he insisted on his remaining in office. Upon the election of President HISTORY OF TRUMBULL COUNTY - 159 Buchanan he -again presented his resignation, which was accepted. In May, 1861, he was again appointed comptroller by President Lincoln, and on this occasion many commendations were issued by the public press, in one of which the writer says: "The President of the United States has recalled to the office of comptroller of the treasury the Hon. Elisha Whittlesey of Ohio, and that distinguished scholar and statesman has accepted the post of honor and responsibility assigned to him. He is a remarkable and most wonderful man. It was he who redeemed the postoffice department from absolute chaos. He is endowed with talents which most admirably fit him for the office of comptroller, through whose hands every claim against the government of the United States, real or unfounded, must pass. No just claim was ever rejected by him and no unjust one ever succeeded in obtaining access to the national treasury. Even the famous Gardiner claim was not allowed by him, and only succeeded for a time because of the interference of a congressional commission. If he had remained in his place during the last administration he would have unquestionably have saved the country many millions of dollars which were stolen by the desperadoes who had found their way into the cabinet." "And the very highest compliment," says another writer, "was paid to him in the fact that those of more lax and. careless political and financial ethics long derisively styled him the `watch dog of the Treasury.' " In 1855 Mr. Whittlesey suffered a great loss in the death of his beloved wife, who had been his constant and devoted companion, so during his later years he was a lonely man. On January 7, 1863, he attended to business as usual, had an interview with the President, went to Georgetown to attend to some affairs there, and returned feeling somewhat fatigued, as he had not been in his usual health for a few days. As was his custom, he wrote in his diary before retiring for the night, and as he laid aside the pen he was seized with an attack of apoplexy. A servant hearing a slight sound in his room went to his assistance, but he was past mortal help. His son reached him in a few moments, but so brief was the time of his passing 160 - HISTORY OF TRUMBULL COUNTY that the ink was not yet dry on the last words he had written when all was over. In the patriotic devotion of his life no man of his generation surpassed him. He loved the church, he loved his country and gloried as a Christian statesman in all the triumphs of one and in all the prosperity of the other. His name shall not be altogether forgotten. " The memory of the just is blessed, and the righteous shall be held in everlasting remembrance." Although Judge Mathew Birchard was born in Massachusetts, his father settled in Windham when he was only eight years old. He had academical advantages, and studied with Roswell Stone. He was admitted to the bar in 1817, and formed a partnership with David Tod. He was appointed postmaster in 1829, was president-judge of the court of common pleas, resigning in 1836. He served three years as solicitor in the general land office at Washington, having been appointed by Jackson. Van Buren promoted him to the office of solicitor of the treasury, which place he held until 1841. He was elected to the supreme bench in 1842, two years of which time he was chief justice. In 1853 he was elected by the Democrats as a representative to the general assembly. A contemporary says that his knowledge of law was very clear, that he prepared his cases with great care, and seemed to have the qualities which particularly adapted him for judicial life. As he lived in a strong Whig community, he had to overcome some prejudice, and labored under some disadvantages. Hon. Milton Sutliff was the first man elected to the supreme bench who was born in Trumbull County. Vernon was his home, and he was born in the year 1806. He, too, was connected with Gideon Granger, his mother being a cousin. She was a woman of strong sense, resolution, and had a remarkable memory. She was a great reader, as was also his father. Milton completed the college course at Western Reserve in two years. He had a magnificent constitution. As a young man he taught in the south and became very much impressed with the slavery question. He was admitted to the bar in 1824, and immediately began practicing. He was elected to the Ohio senate in 1850. Here he had a chance to do much good work for the anti-slavery committee. In 1857 he was elected to the supreme bench of this state. He was a life-long student, a man of extraordinary oratorical powers, and a good citizen. At the close of his judicial life he HISTORY OF TRUMBULL COUNTY - 161 began practicing his profession in Warren, and continued this until his death. In his will he left a sum of money to the youth of Warren, to be used for a place of amusement. The wording of this clause of his will showed clearly that he intended this to benefit both girls and boys. For many years this money was not used, because it did not seem possible to establish a social hall such as the will called for. It was not understood exactly what was meant. Finally it was combined with the Carnegie Fund and used in erecting_ a library. The lower room in this library is known as Sutliff Hall, and as this is being written, is used by the young men of the city as a gymnasium. So, thirty-one years after the will of Milton Sutliff, conditions are such as to make it possible to carry out in part the provisions of the will. Trumbull County has had upon the supreme bench of Ohio Samuel Huntington, George Tod, Calvin Pease, Mathew Birchard, Milton Sutliff and Wm. T. Spear. One of the most picturesque personalities of the Trumbull Bar was Gen. John Crowell. He was born in 1801 and, like most of the attorneys who began.practice in the '20s and '30s, he was poor and self-educated. His father was a carpenter living in Ashtabula county. He worked on the farm most of the year, attending school a little while each winter. When he was twenty-two he walked to Warren from Rome to attend the academy at Warren, of which E. R. Thompson was teacher. Here he studied irregularly until 1825, when he read law in the office of Hon. T. D. Webb. During this time he was a teacher in this same academy. He began the practice of his profession immediately upon his admittance, 1827. He also went into partnership with George Hapgood, in the Western Reserve Chronicle, and wrote most of the editorials and like articles. He was a successful debater, and greatly enjoyed it. He was elected to the senate in 1840, and to Congress in 1846-48. In 1852 he removed to Cleveland, and the rest of his life, which was very successful, was passed in Cuyahoga county. He married Eliza B. Estabrook, aunt of Miss Mary Estabrook, now residing in Warren. His children were a credit to him; one of them, Julia Crowell, was always more or less attached to her Warren friends, and visited here occasionally as long as she lived. Although Gen. Crowell saw hard times in his youth, as he grew older and more successful he was somewhat pompous. He had the old-fashioned oratory, and one time in addressing a jury he quoted Latin as follows: "Procul, procul, esto profani." Gen. Vol. I-11 162 - HISTORY OF TRUMBULL COUNTY Lucius V. Bierce, who was an attorney on the other side of the case, taking a piece of paper, wrote the following : "Pronul, procul, esto profani," Cried Gen. John Crowell, with uplifted mani. "Procul, procul, esto profani, If I'm not a damn fool, pray tell me what am I." This was passed around among the lawyers, and when the General turned from the jury to address the judge, he was greatly confused to see the entire bar in laughter. We do not know whether he ever knew the cause of this merriment. Charles W. Smith, born in New York in 1821, removed to Bazetta in 1835, was a successful lawyer of his day. He, like his cotemporaries, worked and studied in the common schools as he had opportunity, later teaching and reading law. He completed his law studies in Medina county, and was admitted to the bar in 1846. He married Rachel Anne Park, a sister of S. W. Park, of Weathersfield. He practiced law in Niles for three years, removed to Warren in 1850, was elected prosecuting attorney, and was twice mayor of the city of Warren. He was a captain in the war of the rebellion, and at its close moved to Charleston, West Virginia. He was a member of the upper house of that state, and practiced there until his death, in 1878. His oldest daughter, Sophie, who married Charles A. Harrington, was his companion and helper during his life. We often see this close companionship between father and daughter, and this was one of the strongest. His youngest daughter, Angie, married a nephew of Senator Mahone of Virginia. Thomas D. Webb was a native of Windham, Connecticut, born in 1784. Mr. Webb, like most of the early Connecticut men who were lawyers and leaders, in early Trumbull County, was a college man, graduating from Brown in 1805. He studied law with Hon. Zephaniah Swift, who afterwards became chief justice. Mr. Webb was admitted to the bar in Connecticut, and came to Trumbull County in 1807, settling in Warren. Here he prat ticed law for fifty years. His practice was largely in connection with land claims. He established the first newspaper of Trumbull county, The Trump of Fame. Hon. Asa Jones of Hartford, Trumbull County, has a bound copy of this paper. In 1813 he bought the house from the widow of John Edwards situated on South street and supposed to be the oldest house in the city, and there he spent the remainder of his life. His office was, as were HISTORY OF TRUMBULL COUNTY - 163 most of the offices of the lawyers of that time, on his place. In 1813 he was appointed collector of internal duties for the eighth district of Ohio. The taxes displeased the residents, and one night the citizens gathered about his house demanding his appearance, saying if he did not come out they would tear down the residence. Being convinced he was not at home, they departed without doing any damage. He was twice elected to the state senate. He served, however, only two years, refusing to take the other term. He ran for Congress against Hon. Elisha Whittlesey, and was defeated only by a small majority. In 1811, while helping to raise a building in Howland, he injured his leg, and it was amputated above the knee. He died in 1865. Mr. and Mrs. Webb lived all their married lives in their home on South street, and there celebrated their golden wedding. Mr. Webb was quite an astronomer, and being very fond• of mathematics he pursued the study of higher mathematics as far as Fluxions, a copy of which he owned. This was the only copy in town, and a rare book anywhere. In Mr. Webb's later years Judge George M. Tuttle occasionally studied this book with Mr. Webb. It is not now in the possession of the family. It is feared it must have been sold with some of Mr. Webb's books at the time of his death. Miss Elizabeth Iddings says : "My own recollections of my grandfather are not many. One instance I distinctly remember, however. One evening three of the grandchildren were at grandfather's, and I suppose we made considerable noise. After awhile grandfather offered each of us a cent if we would sit quiet for an hour. My brothers did not manage to do it, but I kept quiet and got the cent. When my grandfather gave it to me he said, solemnly, 'Elizabeth, I am a very old man. I am almost ninety.' This made a great impression on me, as he intended it should. I have laughed over it a good many times since, as he was only eighty-one when he died, and this must have been ten years before that time." Whittlesey Adams was born in Warren in 1829. He graduated from Yale in 1857, and was admitted to the bar in Springfield in 1860. He intended to practice law, and in this he was encouraged by his uncle, Elisha Whittlesey. Although he found the study of law very pleasing, the practice was distasteful. He 164 - HISTORY OF TRUMBULL COUNTY disliked controversy, and early turned his attention to insurance business, which he conducted very successfully for many :years, still being in the same business with his sons. In 1864 he received the appointment as paymaster in the United States army. He was identified with all the early history of Warren, and is more conversant with the same now than probably any other person in Trumbull County. Judge Rufus P. Ranney was born in Massachusetts in 1813. His father took up land in Portage county in 1824. The family was, poor, and young Rufus earned money by chopping wood and by doing other manual labor, as well as by teaching, not only to get a rudimentary, but a college education, as well.. He studied law with Giddings and Wade, and was admitted to the bar in 1836. When Mr. Giddings went to Congress, he was Mr. Wade's partner for ten years. When Mr. Wade became judge, Mr. Ranney removed to Warren, where he soon became the leader at the bar. He was one of Trumbull County's members of the constitutional convention in 1850. Here he did remarkable work, and at that time was elected by the legislature to the supreme bench. After the adoption of the constitution the people re-elected him to this position, which he held till 1856, when he resigned to take up his practice in Cleveland. He was one of the finest lawyers of his time. Rufus P. Spaulding was born in West Liberty, Massachusetts, in 1798, just as the Connecticut Land Company was opening up the Reserve. When he was fourteen his people moved to Norwich, Connecticut. He graduated from Yale at nineteen and read law with Judge Swift, chief justice of the state. When he first went west he practiced in Little Rock, Arkansas, where he remained one year and a half. He then moved to Warren, where he resided sixteen years, living part of the time at the head of Franklin street. He then went to Portage county, and his later history belongs to that county. He possessed a profound knowledge of the law, was a good debater, "while his dignified appearance heightened the effect of his arguments." He turned from the Democratic to the Republican party because of the slavery question. In 1862 he was a representative in Congress. Ira L. Fuller, born in New York, came to Brookfield in 1833, being then seventeen years old. He had the usual education in the common schools was not a college graduate. Two years later he became clerk of the Warren postoffice, when David Tod was postmaster. He then read law, and was admitted to the bar HISTORY OF TRUMBULL COUNTY - 165 in 1840. He served two terms as prosecuting attorney of the county, and for three years as probate judge. He died in 1874. He was an estimable man, but because of his strong sympathy with the south during the war was severely criticized by his fellow attorneys. He married Mary Stevens, the daughter of Horace Stevens, and had a large family of children, all of whom prospered. Additional information in regard to him and his family is given elsewhere in the history. John F. Beaver is never to be forgotten by the younger people of today who saw him, and by the people who did business with him. He was a unique figure,—strong of body and mind, wholly indifferent to his appearance in dress, and rather brusque of manner. He was born in Pennsylvania, and like so many of the men of his age who came from that state, he obtained his education under the greatest difficulties. It is tradition that he was at one time a law partner of Hon. Edgar Cohen, a United States senator from Pennsylvania. This is not wholly verified. He lived in Pittsburg for a time, where, by great industry, he made and saved money, but, not liking the city, he purchased a farm and mill property in Newton Falls in 1844, and for a time abandoned the actual practice of law. His ability was recognized in his new home. He became state senator, serving three terms. His late life was exceedingly happy because he had the respect of his fellow men, had plenty of means, had land of his own upon which he could hunt, and because he was an omnivorous reader and an unusual conversationalist. He was often spoken of as "Old John Beaver," and the mention of his name almost always caused good feeling. fie died when he was 77 years old. Jonathan Ingersoll was educated for the United States navy, and when but a boy went on a cruise in the Old Constitution, going almost around the world. He resigned from the navy in 1836, married Catherine Seely, a daughter of Dr. Sylvanus Seely, in 1838. Having prepared himself for the law, he began practice, and about 1840 was clerk of the court of common pleas, which office he held for seven years. He was then clerk of the supreme court of Trumbull County. He died in 1875. Hon. John Hutchins, although he lived in Cleveland in the last years of his life, was really identified with the history of Trumbull County. His ancestors came from Connecticut in 1800, making the journey with ox teams, and settling in Vienna. He had all the advantage of the men of his time in education, for, aside from common schools, he attended Western Reserve Col- 166 - HISTORY OF TRUMBULL COUNTY lege. He studied law with David Tod, and was admitted in 1838 in New Lisbon. Later he was clerk of the Trumbull County court for five years. He had at different times as his partners David Tod, B. F. Hoffman, J. D. Cox, Milton Sutliff and others. He succeeded Joshua R. Giddings in Congress in 1858, serving two terms. He removed to Cleveland in 1868. Although R. W. Ratliff was a soldier and a banker, he practiced law for many years in Trumbull County. Like most of the young men of his time, he worked part of the year on the farm and attended school. He finished his law course with Wade & Ranney, and was admitted in 1846. During this law course he taught school in the little one-story schoolhouse which stood on High street near Elm, and upon which lot, many years after, he erected a beautiful home for himself and family. He was in partnership at one time with Judge B. F. Hoffman, with John Hutchins, with J. D. Cox, and William T. Spear, afterwards supreme judge. He was lieutenant-colonel of the Second Ohio Cavalry, did service in the Indian expedition in Kansas, was in Kentucky and Tennessee, later raised the 12th Ohio Cavalry Regiment, of which he was first lieutenant, *and of which he afterwards became colonel. He was made brigadier-general for gallant service, and was severely wounded at Duck Creek, Tennessee. Upon his return from the army he resumed the practice of law, and afterwards became cashier of the Second National Bank. He married Olive, the sister of Samuel Freeman, for his first wife, and Jane Tod, the sister of Mrs. Samuel Freeman, for his second wife. He had two daughters by the second marriage, both of whom are living. He was greatly beloved and respected in the community. General M. D. Leggett and General J. D. Cox were both lawyers of Trumbull County, but were educators and soldiers as well. Accounts of their lives and works are found in other chapters. Mr. Selden Haines, the great-uncle of Judge D. R. Gilbert, was one of the early members of the bar. He graduated at Yale, and says : "In the spring of 1831 I located at Poland, then in Trumbull County, hung out my shingle. The principal influential members of the bar of Trumbull were Whittlesey & Newton, of Canfield, Hine & Rockwell, of Youngstown, Thomas D. Webb, Gen. R. Stone, R. P. Spaulding, Birchard & Tod, John Crowell (of Warren), George Swift, of Kinsman. George Tod of Brier Hill was the presiding judge. Whittlesey & Newton always had HISTORY OF TRUMBULL COUNTY - 167 the largest calendar of causes. Joshua R. Giddings attended court. in Trumbull. Wade was associated with him. At Poland I was on the direct route from Pittsburg to Cleveland, and, through the aid of the hotel keeper, I secured quite a business from Pittsburg and Philadelphia; besides I was honored with the dignity of justice of the peace. By the most rigid economy I secured a living. In addition to other positions, I commanded a, regiment of riflemen for five years. My last official act as colonel was to command the escort that was called out by Sheriff Mygatt when he executed the extreme penalty of the law upon Ira Gardner, who murdered his step-daughter in Gustavus." Benjamin F. Hoffman came from Pennsylvania to Ohio in 1833. He intended to teach school and survey land, but instead he studied law in David Tod's office. It was not his intention to be a lawyer, but he grew to like it, went to Cincinnati for a six-months' course. He was there admitted to the bar in 1836, and formed a partnership with Hon. George Tod at Warren. When David Tod was elected to the senate he held the position of postmaster. Mr. Hoffman succeeded him as postmaster. Mr. Hoffman was associated at different time with Hon. Mathew Birchard, Hon. John Hutchins and Colonel R. W. Ratliff. He was elected judge of the second subdivision of the ninth judicial district in 1856, was Governor Tod's private secretary in 1861, and resided in Warren until 1870. He is at this writing living in Pasadena, California, at the age of ninety-seven. Gen. L. V. Bierce was born in 1801. His father, a Connecticut farmer, moved to Nelson, Ohio, in 1816. Earned his living at Ohio University where he obtained his education. He was examined by Elisha Whittlesey, John C. Wright and Thomas Webb. Judge George Tod became interested in him and appointed him prosecuting attorney in 1836. He moved to Ravenna and lived there until 1837, when he went to Akron. Although he was 60 years old when the war broke out, he raised two companies of marines. He boarded them for two days and partially clothed them and delivered them at the Washington Navy Yard. Returning home he raised a company of one hundred men for the artillery service. He was too old to go himself. He was elected to Ohio senate by 3,000 majority. Being appointed assistant adjutant general of the United States in 1863, he disbursed over 168 - HISTORY OF TRUMBULL COUNTY a million dollars. In 1875 he gave his entire property of $30,000 to Akron for public buildings. Joel W. Tyler was identified with the bar of the Western Reserve and lived in Warren in 1858, forming a partnership with Judge Mathew Birchard. TWO years later he was elected judge of the court of common pleas and said that he would hold his office until some man who was in the army was wounded or made unfit for service, when he would resign in his favor. He was elected for the second term and yielded his place to Judge Albert Yeomans, who was badly wounded in the army and who long held the office of probate judge. Mr. Tyler taught school, attended the Western Reserve Academy at Hudson, studied law with Tilden and Ranney of Ravenna; practiced a while at Garrettsville, removed to Kent in 1851. He became interested in the Atlantic & Great Western Railway as an attorney, lived in Mansfield, then in Warren, and in 1865 moved to Cleveland. where he lived the rest of his life. Charles E. Glidden was born in Claremont, New Hampshire. in 1835. He studied law in New York state and at Poughkeepsie, graduating at the Law College there in 1855. He removed to Poland that same year and was admitted to the bar in 1856 at Ravenna. He practiced law in Poland until 1862, when he was elected judge of the court of common pleas. His term expired in 1867. He then formed a partnership with Hon. F. E. Hutchins and John M. Stull. He practiced until 1872, when he was again elected judge. At the expiration of his term, 1877, he resumed practice in Warren, but his health soon failed and he removed to Massachusetts, where, after a long illness, he died. He was married in 1856 to Mrs. Eliza K. Morse, of Poland. They had one son, Charles, who now lives in New England. Levi Sutliff was born in Vernon in 1805. He belonged to a family of lawyers, being a brother of Milton and Calvin. Both his father and mother had unusual mental attainments. The getting of an education for young men of his time was exceedingly difficult. He did not study law until middle life. He was admitted to the bar in 1840. Ten years later he removed to Warren, having had rural practice before that. He formed a partnership with Judge Birchard, but soon retired to care for his property interests. Although a lawyer he is better known as a business man, as a slavery agitator and as a student. He married Miss Mary Plum, of Vernon, for a first wife, and Miss Phoebe L. Marvin, of Bazetta, for the second. He died in 1864. HISTORY OF TRUMBULL COUNTY - 169 Mrs. Sutliff and her daughter, Miss Phoebe, live in Warren, while the youngest daughter, Mrs. Ed. Brainard, lives in Toledo. Calvin G. Sutliff, a brother of Milton and Levi, was born in Vernon in 1808. He was a partner of his brother, Milton, and afterwards formed a partnership with Hon. John Hutchins. He had a fine mind, was very industrious, had a good practice. In the midst of life, when he was forty-four, he died from a cold which he contracted when on business in Geauga county. He was a powerful man, physically, being six feet two inches high. He married Miss Hannah Bennett, of Hartford, in 1845. Mrs. Sutliff was a sister of Mrs. Samuel Quinby, and later married C. W. Tyler. Of her four children by her first marriage three are now living, Mrs. Homer Stewart, of Warren, being one of them. Col. Roswell Stone was a lawyer of learning and distinction, of fine personal appearance. He was prosecuting attorney in 1823. The legislature then appointed common pleas judges, and Stone was slated for that nomination. Mrs. Stone was an accomplished woman and for some time taught a school for young ladies, which was attended by home folks and foreigners as well. She still lives in Warren. Mr. Stone was identified with the bar in the sixties and was successful. His son, Fred Stone, is county auditor. Mention of Mr. Stone and family is made elsewhere. Judge Albert Yeomans was born in Kinsman in 1826. He was educated in the district schools there and in the Grand River Institute at Austinburg. Tie studied law with General Crowell in Warren. He early .entered the Union army and was badly wounded at the battle of Chickamauga, causing permanent lameness. In 1864 he was elected probate judge, and served until 1879. His term of office as judge was the longest of any in the history of Trumbull County. He was an invalid for some years before his death. He was twice married. His first children do not live in Trumbull County. His second wife, Amelia Adams, and two daughters, Mrs. George Bunting and Mrs. J. C. Oriel, survive him. Francis Edwin Hutchins, born in New Milford, Litchfield county, Connecticut, September 16, 1826, was the second of three sons of Myron M. and Mary Porter Hutchinson. His father was the son of John Hutchinson, who claimed to be a lineal descendant of the royal governor of Massachusetts of that name. 170 - HISTORY OF TRUMBULL COUNTY By the advice of his law preceptor, Mr. Hutchins dropped the last syllable of his name—much to his regret in later years—and has ever since been known by the name of Hutchins. In 1832 the family removed from Connecticut to Northfield, then in Portage county, Ohio, and in 1835 they went to western Michigan, where they remained till the fall of 1844. They then returned to Ohio, and settled in Youngstown. His education has been self-acquired. The whole time of his attendance at school, aside from a little while in Michigan, would not exceed one year. He was of studious habits, and thus educated himself. In the latter part of the season of 1845 he went one trip from Youngstown to Cleveland as driver of a canal boat, and returned first as bowsman and then as steersman of the same boat, and the rest of the season he ran it as captain, as be did another boat the next summer. He worked some time in a foundry in shaping and dressing by hand the wood work of ploughs. He spent one year in learning the carpenter trade, and then worked six months as a journeyman at that trade; and began reading law on a pecuniary capital of nineteen dollars due him from his employer, and for which he had to sue, and to discount the judgment obtained for seventeen dollars cash. He read law in Youngstown, and was admitted to the bar August, 1851, and on December 11, 1851, was married to Elizabeth M. Sanderson. He continued the practice of the law in Youngstown until 1859, when he removed to Warren, Trumbull County, where he has since resided. In 1864 he entered the "hundred days" service in the army as captain of Company A, 171st Regiment, Ohio Volunteers, and was, for a time, the superintendent of the rebel prison on Johnson's Island in Lake Erie; and from there was ordered to Cincinnati as judge-advocate of a military commission, in which capacity he served until attacked by typhoid fever, from which he was not entirely recovered at the expiration of his term of service. He was a delegate to the Republican convention which, in 1896, nominated William McKinley for president. He had known Mr. McKinley well from the time the latter entered the academy at Poland, before he went into the army. They were very warm personal friends. He examined McKinley on his admission to the bar at Warren, and was very highly esteemed by him, personally and as a lawyer. HISTORY OF TRUMBULL COUNTY - 171 He was mentioned for election as one of the judges of the supreme court of Ohio, but partial and increasing deafness, the result of typhoid fever in the army, not only prevented this, but greatly interfered with his practice; and so much so that McKinley said after his nomination that, if elected, he was going to find some place for Mr. Hutchins. A warm friendship and mutual admiration existed between him and Hon. Luther Day, the father of Associate Justice William R. Day, of the United States Supreme Court. Judge Luther Day was on the bench in his district when Mr. Hutchins came to the bar; and he practiced before him several years in the supreme court and lower courts. In February, 1898, Mr. Hutchins was in Washington and called on his old friend, President McKinley. The great topic then was war with Spain for the benefit of Cuba. Congress and the people wanted it, but the president held back, first because we were not ready for war, and, second, no justification for our hostile interference in the government of her own colonies by a friendly nation which would be held sufficient by other nations had been formulated. On being asked by the v president, Mr. Hutchins gave his views, which so impressed the president that he asked him to state them to Acting Secretary of State Day, and that was done. Upon calling later to take leave of the secretary, he requested Mr. Hutchins to formulate his views upon that subject in a letter to him. This was done in a letter of February 13, 1898. Early in April the president requested each member of his cabinet to submit his individual views of the causes which would justify our hostile interference with Spain with reference to Cuba. This was done, Secretary Day presenting the letter of Mr. Hutchins, as expressing his views. In his war message to Congress of April 11th the president, in stating the causes which in his opinion justified our hostile interference with Spain, copied almost verbatim from this letter of Mr. Hutchins. This has since become a part of the international law, as expounded by writers; and is copied as Mr. Hutchins wrote it, in Taylor on International Law, pages 421 and 422. On June 1, 1898, Mr. Hutchins was, at the special request of President McKinley and Secretary of State William R. Day, appointed by Attorney-General Griggs as special assistant to the attorney-general, which office he still holds. As showing 172 - HISTORY OF TRUMBULL COUNTY the estimation in which he has been held in that department, it may be added that he was directed by the attorney-general to examine the case and propose a bill in chancery to foreclose the government's lien of nearly sixty million dollars against the Central Pacific Railroad Company, for the subsidy bonds issued in aid of the construction of its road. When this had been prepared, the company made a settlement, by which it was agreed that the corporation should be reorganized and the whole debt assumed by bonds secured by mortgage upon its whole property. As the attorney-general was about starting with President McKinley on his western tour, these bonds were tendered to the treasurer of the United States for his approval and acceptance, and the question of their sufficiency and acceptance had been referred to the attorney-general, who directed Mr. Hutchins to examine and report to the treasurer whether the corporation had been properly reorganized and incorporated in all the states and territories into which the road ran, and whether the bonds were in accordance with the agreement and such as should be accepted. This he did, and upon his advice the bonds for this large sum were accepted by the treasurer and the matter closed. His business is much in the way of preparing the opinions of the attorney-general, when asked for by the president or the head of a department; letters of instruction to the various district attorneys throughout the country, and in opinions upon the various legal questions arising in the administration of the government. Though now past eighty-two years of age, and partially blind and deaf, he is still vigorous and active, and retains his mental faculties unabated. John M. Stull was one of the most generous lawyers of Warren, had many friends, and was devoted and loved by the people of his own church, the Methodist. He was of German and Scotch-Irish blood. His father died when he was twelve years old. At nineteen he went to Hampden, Ohio, to learn the blacksmith trade, and later opened a shop in Farmington. As Mr. Stull was always a delicate man, and lived many years beyond the time his friends expected him to, it has always been a won- der why he chose for his occupation one so hard as blacksmithing. He had a limited education, and if he had not received injuries which made it impossible for him to continue at his trade he would not have become a lawyer. Overcoming many obstacles, he finally acquired an academic education. He went HISTORY OF TRUMBULL COUNTY - 173 south to teach, and studied law when he was twenty-seven years old, in Kentucky. He was not admitted to the bar until he was thirty. He married Florilla W. Wolcott, whose tender care and business sense helped him in the early years of his profession. His marriage was an exceedingly happy one, and the loss of his wife in 1878 was a terrible blow to him. He had for partners at law at different times Judge Tuttle, Milton Sutliff, F. E. Hutchins and Judge Glidden. He served as prosecuting attorney of the county, as mayor, and as state senator. He died in 1907 in Florida, where he had gone to escape the rigors of the winter. He is survived by one daughter, Mrs. A. F. Harris, who resembles him in appearance and has much of his business ability. Homer E. Stewart has lived his entire life in Trumbull County. He was born at Coitsville in 1845, before the formation of Mahoning county. He is a college man, graduating at Westminster, Pennsylvania, in 1867. He attended the Albany-Law School, having prepared himself in the office of Hon. Milton Sutliff, and became a member of the bar in 1869. In 1870 he entered into partnership with Judge Sutliff, which continued until the latter's death in 1878. He married Kate L. Sutliff, (laughter of Calvin Sutliff, in 1870, and has three children, Retell, now Mrs. Foster, and Homer and Milton. Charles A. Harrington was born in Greene in 1824. Attended Grand River Institute and Oberlin College. Taught district school and established a select school in Greene township which was very successful. This was in 1846. At this time he began the study of law, and was admitted in 1849. In 1860 he was elected clerk of the court of common pleas. He was internal revenue assessor from 1867 to 1873. He was a partner of William T. Spear, later supreme judge, from 1873 to '79. In 1877 he retired from active practice. Although 85 years old, he is a great reader and a student, and a delightful conversationalist. Asa W. Jones was born in Johnsonville in 1838. He was educated in the schools of his neighborhood and attended the seminary at West Farmington. He studied law with Curtis & Smith at Warren, Ohio, and when twenty-one years old, 1859, was admitted. He was appointed to fill an unexpired term as prosecuting attorney of Mahoning county, and later was elected to that office. In 1896 he was elected lieutenant governor and served until 1900. He spent most of his professional life in Youngstown, Ohio; where he had a large and lucrative practice. 174 - HISTORY OF TRUMBULL COUNTY He has lately retired, and lives on a farm in Hartford, near Burghill. Julius N. Cowdrey was born in Mecca, spent early life on a farm, attended school in Cortland, Western Reserve Seminary, and graduated from Western Reserve College in 1865. Studied law with Tuttle & Stull and later at the University of Michigan. He was admitted in 1868, located in Hubbard in '69, removed to Niles in 1871, where he still continues to practice. Judge S. B. Craig was born in Braceville in 1844. He attended school in Warren and in Farmington, and earned money which enabled him to take a course in Allegheny College at Meadville. He graduated in 1871, immediately began the study of law with Hutchins, Glidden & Stull, was admitted in 1873, and began the practice soon. He served two terms as probate judge. He continues to practice, and devotes a part of his time to the People's Ice & Cold Storage Company, of which he is president. George M. Tuttle, who died in 1907 at the age of ninety-two years, was one of the most interesting characters at the Trumbull County bar. He was born in 1815 in Connecticut, and was a self-educated man. When young he worked on his father's farm. All his life he was much interested in mechanics. He made clocks and studied as he worked, whether at field work or shop work. He began the study of law in 1837 in Connecticut. During this time he clerked in the postoffice as well, but this double duty told on his health, and he had to cease all kinds of labor. When his father's family moved to New York state he taught school. They did not remain long in New York, but came to Colebrook, Ashtabula. Here he continued his old habits of working and studying. He studied law with Wade & Ranney, of Jefferson. He was admitted to the bar in 1841, the next winter taught school and practiced law. In 1844 he removed to Warren, where he spent the rest of his life. After he began active practice, he never ceased until 1902. He was long associated in business with Hon. Milton Sutliff. The latter made him his executor, and bequeathed to him a portion of his estate. His other partners were Judge Humphrey, Alexander McConnel, Wm. Whittlesey, John M. Stull, F. E. Hutchins and his son-in-law, Charles Fillius. He was elected common pleas judge in 1866, and served until 1872. He was a member of the constitutional convention of 1871. He was a great reader from his early childhood. He was one of four men possessed of the