CHAPTER XXI

THE BENCH AND BAR OF VAN WERT

The Common Pleas Bench-The Van Wert Bar, Past and Present—The First and Second Murder Trials—Two Anecdotes of the Early Courts.

THE COMMON PLEAS BENCH.

Hon. William L. Helfenstein held the first term of the Court of Common Pleas for Van Wert County at Willshire in 1838, with George B. Holt, of Dayton, as prosecuting attorney. In 1840 Hon. Emory D. Porter was elected; he served until 1844. In 1844 Hon. Myron H. Tilden was elected and on account of some change in the district only served one year on the bench in this county. In 1845 Hon. Patrick G. Goode was elected and served until 1849 when Hon. George B. Way was elected and served until the adoption of the new constitution, by which it was provided that there should be one common pleas judge instead of a president judge and three associate judges of the Court of Common Pleas.

The associate judges that were elected are as follows : 1837, Joshua Watkins, Benjamin Griffin and Oliver Stacy; 1839, Henry Reichard ; 1840, John Hill and Joseph Gleason ; 1841, Charles Mount ; 1843, P. Jacob Hines ; 1844, John Tumbleson and John W. Conn; 1845, Jacob M. Harper.

From the adoption of the new constitution in 1851 to the present time, the following have served as judges of the Court of Common Pleas : 1851, John M. Palmer; 1856, Alexander S. Latty; 1858, Benjamin F. Metcalf; 1865, O. W. Rose; 1865, James Mackenzie, who served until February, 1879. Edwin M. Phelps, in 1869, was elected an additional judge for the sub-division.

There was a reorganization of the district in 1879. Charles M. Hughes served one year, being followed in 1880 by James H. Day. Twelve years later, in 1892, Hiram C. Glenn went upon the bench to fill out Judge Day's unexpired term, and served until W. T. Mooney, who was elected judge in 1892, took his place. Nine years later Judge Mooney was elected to the district bench, and was succeeded as common pleas judge by S. A. Armstrong, who served until Edward S. Mathias entered. upon the duties of the office, to which he had been elected in 1904. In times of vacancy, William D. Davis and Hugh T. Mather also held court in Van Wert County, but neither was regularly assigned.

THE VAN WERT BAR, PAST AND PRESENT.

Of resident lawyers, James Madison Barr was the first, coming to Van Wert in 1842. He served as prosecuting attorney from 1842 until

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1845, and practiced in all the courts in the surrounding counties, traveling on horseback on a bay Indian pony that he purchased from James G. Gilliland. The pony was as handsome and as full of life as could be found anywhere, and never seemed to tire. He was admired by everybody, and many high prices were refused for "Selim."

William E. Rose was perhaps the second resident attorney, living and practicing here in 1845. He afterward moved away for several years and then returned.

In May, 1846, S. E. Brown, a resident of Washington township west of Delphos, was prosecuting attorney ; a few years later he moved West.

The next in order was R. C. Spears, who came to Van Wert in 1844 a single man and boarded with Joseph Gleason. He owned the lot where the Brumback corner, the First National Bank and the cigar store are ; later he sold the lot and bought the Will Young property on South Shannon street. On May 13, 1845, he married Louisa Spear, the marriage changing only one letter in her name. In 1846 and 1848 he was elected prosecuting attorney.

In April, 1846, Charles P. Edson and Perin DePuy, partners, came to Van Wert and commenced the practice of the law as a firm. It was not long after putting out their sign that a man called at their office and employed DePuy to take his side of a lawsuit pending before a country justice. The other party happening to meet Mr. Edson on the street employed Edson to take his side of the case. Nothing was said until the next morning. When it came time for them to start, they found that as partners they had taken both sides of the same case. They concluded to make the Lest of it. It is said they fought the case as cases were often then fought —by harsh words—and finally one threw an ink bottle at the other. Edson was chosen prosecuting attorney in 1847. DePuy practiced for a few years and then went to California with the "'49ers", but returned in a few years. He amassed quite a fortune which he left by will to the School Board for the education of the poor, but with such restrictions that it is only being used to furnish books to those that

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are not able to buy them and in some cases clothing.

O. W. Rose, who came about 1847 or 1848 was married to Nancy Slater on January 8, 1849. He practiced for many years and was once mayor of Van Wert. He was elected county recorder in 1848 and was appointed judge .of the Court of Common Pleas in 1864.

Robert Bruce Encill was another of Van Wert's young attorneys. He came here a young man and built up quite a practice. He married Judith Slater, a sister of Mrs. O. W. Rose, and later moved to Warsaw, Indiana, where he attained considerable distinction. He died there a number of years ago.

James W. Steel was another young man of fine ability that selected Van Wert as a starting place in which to practice his profession. He was well educated, a fine orator and was never at a loss for language. But he was his own worst enemy. He served in the army and .after the war moved to Red Wing, Minnesota.

Isaac N. Alexander, a native of the county, Centered the practice about 1857 and practiced law with his partner, J. C. Johnston, until the breaking out' of the war in 1861, when he enlisted as a private in Company E, 15th Reg., Ohio Vol. Inf., for three months ; at the expiration of his term of service, he raised a company for the 46th Regiment, Ohio Vol. Inf. At the close of the war he ranked as lieutenant-colonel. He again commenced the practice of the law and stood at the head of the profession. He was a member of the constitutional convention in 1872, was mayor of Van Wert in 1876, and was a member of the electoral college that elected Rutherford B. Hayes.

J. C. Johnston, who came to Van Wert in 1857, practiced a few years and then moved to Marion, Ohio.

Israel D. Clark came to Van Wert about 1852 or 1853 as a carpenter. In 1853 he builtthe Presbyterian Church at the corner of Main and Harrison streets and the building, a view of which appears on another page, still shows the master work of the builder. After 53 years it is as stanch as when first erected. Mr. Clark afterward studied law. In 1855 he was elected probate judge and in 1864 prosecuting attorney. At the breaking out of the war in 1861, he raised a company (Company E, 15th Reg., Ohio Vol. Inf.) for the first three months call. After the expiration of the term of service, he raised a company for the 52nd Regiment, Ohio Vol. Inf., and was promoted to major.

Caleb Roberts was another attorney that came to Van Wert. He taught school and in 1857 was elected prosecuting attorney. At the breaking out of the war in 1861 he volunteered in Company K, 46th Reg., Ohio Vol. Inf., and was promoted to 1st lieutenant. He was killed September 2, 1864, at Lovejoy Station, Georgia.

Sidenham Shaffer, James W. Steel and a Mr. Trouty formed a law partnership under the name of Shaffer, Steel & Trouty. As to the amount of their practice or what became of Shaffer and Trouty, I cannot say.

James L. Price canie to Van Wert in 1865, entered upon the practice of the law and in 1868 was elected prosecuting attorney. He enjoyed a lucrative practice and finally moved to Lima, where he was able to get more practice and larger fees. He is now on the supreme bench of Ohio.

Ira P. Shisler came to Van Wert, entered the office of James L. Price, studied law and entered into the practice. In 1874 he was elected prosecuting attorney. In 188.2 he was elected mayor of the village of Van Wert. He later moved to Mankato, Minnesota.

W. H. Cunningham came here from Lima and was elected prosecuting attorney in 1878. He soon returned to Lima, where after enjoy-

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ing a lucrative practice lie was elected judge of the Court of Common Pleas, which he now holds.

A. J. Porter started in the practice of the law in Van Wert. In 1878 he was elected mayor and in 188o, prosecuting attorney. He soon after moved to Adams County, Indiana.

John Darnell came to Van Wert soon after the War of the Rebellion, in which he had taken part. He preached on Sunday and practiced law (luring the week, and was a good counsel and an eloquent preacher.

Hiram C. Glenn was raised in Harrison township and in the town of Van Wert, taught school, worked at his trade, that of carpenter and painter, and studied law at all leisure hours. He was admitted to the bar and in 1867 was elected mayor of Van Wert. In 187o was appointed judge of the Court of Common Pleas. He has enjoyed a lucrative practice and acquired a fair share of this world's goods, and has always been ready to push forward any enterprise for the benefit of Van Wert. A sketch of Judge Glenn appears in the biographical department of this work.

Gaylord M. Saltzgaber came to Van Wert at an early age and attended the schools of the village.

At the age of 15 years he enlisted in the Third Ohio Cavalry and served with the company until the close of the war. Returning to Van Wert, he attended school here for a time and then attended school at Poughkeepsie, New York, until 1867 when he began the study of the law with R. B. Encill, of Van Wert. In 1869 he was admitted to the bar and formed a partnership with Col. I. N. Alexander. In 1869 he was elected mayor of Van Wert. He was twice elected State Senator from the 32nd District. He is a member of the firm of Saltzgaber, Hoke & Osborn. They have a large and lucrative practice.

H. Kemper came to Van Wert and entered upon the practice of the law with .W. H. Cun, ningham. Of late years he has turned his attention largely to collections and to abstracting titles, in which line of work he has the reputation of being an expert.

J. W. Beers came to Van Wert from Sidney in 1865, and has been practicing ever since. At present he has his office in his home on South Washington street and Maple avenue.

C. W. Cowen came to Van Wert in 1865 and enjoyed a good practice and the ,good-will of all. He afterward removed to Cincinnati.

J. B. Brodnix commenced the practice of the law in Van Wert in 1873 and afterward located in Paulding.

Hugh E. Allen studied law with Hon. H. C. Glenn and was admitted to the bar on October 14, 1897. He formed a partnership with Judge Glenn, June 16, 1898, under the firm name of Glenn & Allen and remained in that firm until June 16, 1902. He then practiced alone until March 13, 1905, when he formed a partnership with William H. Dailey, under the firm name of Dailey & Allen.

William H. Dailey graduated from the Van Wert High School in 1886 and from the University of Michigan in 1889. He was admitted to practice in Ohio in 1889 and has been in the practice in Van Wert ever since, standing today at the head of the bar. A sketch of Mr. Dailey appears in the biographical department of this work.

Clement V. Hoke studied law in Logan, Ohio, prior to June, 1886, being admitted to practice by the Supreme Court of Ohio in that month. He came to Van Wert, September 20, 1886, from Attica, Seneca County, Ohio, where he was born and raised.

M. H. Osborn was raised in Van Wert County on a farm, studied law at the Univer-

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sity of Michigan, from which he was graduated in 1893. He was admitted to the bar in Ohio in March, 1903.

H. G. Richie studied law at his own home without an instructor or law school education, seeking out the principles on which the laws were founded and making himself familiar with them, never leaving a subject until he felt he had fully mastered it. He concluded his studies before admission in the early part of 1877 and was admitted under the old practice by the District Court at Findlay, Ohio, on the loth of April, 1877. He has been successful as a lawyer as is shown by the fact that clients that employe him in his early practice have still retained him whenever the services of an attorney were required and they were largely those that had known him from boyhood.

H. W. Blachly read law with Hon. A. L. Sweet from March 4, 1884, to May 6, 1886, when he was admitted to the bar. In June, 1886, he entered into partnership with Judge Sweet, which continued until 1893, when he formed a partnership with W. H. Dailey. This partnership continued about two years when the firm was dissolved and Mr. Blachly practiced alone until March 1, 1899, when he formed a partnership with Capt. E. S. Mathias. This partnership was in existence until the end of the 1904, when it was dissolved through Captain Mathias being elected judge of the Court of Common Pleas. In March, 1905, Mr. Blachly entered into partnership with Oscar Priddy and Otis W. Kerns, with whom he is now connected. In addition to the practice of the law. Mr. Blachly has served on the State Canal Commission since April, 1900, being twice appointed by Governor Nash and also appointed by Governor Herrick.

O. A. Balyeat read law under the direction of H. G. Richie from October, 1894, to October, 1897. He passed the bar examination at Columbus, Ohio, October 14, 1897, and \vent into active practice at once, occupying office room with his preceptor until January, 1901, when he formed a partnership with the late G. L. Marble, which continued until the latter's death, when he formed a partnership with H. L. Conn, which has continued until the present time.

J. C. Allen was for many years a practitioner at the bar in Van Wert.

Capt. Edward S. Mathias came to Van Wert, Ohio, in March, 1894, and was admitted to the bar in June, 1895. He was elected city solicitor in April, 1896, and was re-elected in 1898. He formed a partnership with H. W. Blachly upon being mustered out of the volunteer service in March, 1899, which partnership continued until he assumed his duties as judge of the Court of Common Pleas, to which he was elected in 1904. Judge Mathias is a graduate of the Ohio Normal University at Ada, taught school in Putnam County and served as captain during the Spanish-American War.

W. S. Johnson began the study of the law with Saltzgaber & Glenn in 1885, and was connected with their office for three years. In June, 1889, he graduated from the law department of the University of Michigan with the degree of Bachelor of Laws and was admitted to practice the same month by the Supreme Court of Ohio. His preliminary education was received at Kenyon College, Gambier, Ohio, and the National Normal University at Lebanon, Ohio.

Arthur C. Gilpin was born in Pickaway County, Ohio, October 20, 1871, and came to Van Wert County with his parents in October, 1872. He lived on farms near Van Wert until 1884, when the family came to town. He at tended the public schools of Van Wert and graduated from the High School in May, 1889.

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He was employed as a clothing clerk for a number of years and read law under the tutorship of Levi X. Jacobs and Hugh E. Allen. During the Spanish American War he served as 1st sergeant of Company D, Second Regiment, Ohio Infantry, U. S. Volunteers. He resumed the study of law after being mustered out of the service and was admitted to the bar on June 20, 1900.

Otis W. Kerns began the study of the law at the Ohio Normal University at Ada in August, 1896. In June, 1897, he continued the study under the preceptorship of H. W. Blachly, of Van Wert, during the winter season until 1901, when early in the year he again entered the Ohio Normal University and graduated with the law class in June of that year. The same month and year he was admitted to the bar. In August, 1901, he formed a partnership with Oscar Priddy under the firm name of Priddy & Kerns, with offices in Rooms 1 and 2, Albright Block. This partnership lasted until March 1, 1905, when Mr. Priddy and Kerns formed a partnership with H. W. Blachly, under the firm name of Blachly, Priddy & Kerns, with offices in the McConahay Block, opposite the Court House.

H. L. Conn began the study of the law in 1890 and was admitted to the bar in 1894. Further information will be found in his biographical sketch published elsewhere in this volume.

THE FIRST MURDER TRIAL.

In the May (1840) term of the Court of Common Pleas for Van Wert County, Emory D. Potter, president judge, and Benjamin Griffin, Joseph Gleason and John Hill, associate judges, an Indian was tried for a murder commited January 1o, 184o, in Washington township. north of what was known as the Stacyfarm, a property now owned by a Mr. Tusig. The Indian's name was Tawohesackwaugh, and his victim's name was Sacheewaugh; both were Wyandots.

The grand jury that indicted was composed of Josiah Foster, William R. Kear, Jacob M. Harpster, Peter Bullenbaugher, David Major, William Johns, Lyman S. Wells, Asabel Burright, James Major, William Glenn, George Leslie, Daniel M. Beard, Joseph D. Moore, Orrin Burright and Samuel Moore.

The charge was that with a knife of the value of 25 cents he inflicted a wound on Sacheewaugh in the neck from which the latter died in four days. The names of the jurors that tried Tawohesackwaugh were Asa Cook, Moses Orchard, James Gilliland, Stephen Gleason, Ansel Blossom, Thomas Pollock, Adam Gilliland, Cyrenius Elliott, William Hill, Thomas Thorn, Archibald Priddy and John G. Morse. They brought in a verdict of manslaughter and he was sentenced to the penitentiary for five years. He was afterward pardoned to go West with the tribe. The writer recollects that his wife and mother came to the Gilliland house and said that they were glad that he was sent to the penitentiary and that when he came out he would be a good Indian.

There were over Too Indians present at the trial. There was much opposition to trying the Indian by the whites, most of the people believing it best to turn him over to the tribe to be dealt with. His family took the name of Solomon. A number of them remained at Upper Sandusky and are buried in the old mission graveyard.

THE SECOND MURDER TRIAL.

In the May (1845) term of the Court of Common Pleas for Van Wert County, Patrick G. Goode, president judge, and Jacob M.

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Harper, Daniel M. Beard and John Tumbleson, associate judges, the grand jury, composed of Samuel Sheets, Jesse Atkinson, Samuel Elder, Peter Frysinger, David Major, Jr., Simon Wyant, Abraham Zimmerman, William Parent, Charles Germann, Moses R. Adams, Samuel Moore, Robert Miller, Samuel Foster, Samuel Engleright and John A. Conn, brought in an indictment for willful murder against Daniel Magrath, who was accused of murdering Michael Connell. The indictment states that the murder was committed with a cheap knife worth about 12 cents and that 15 mortal wounds were found upon the body. Although so desperately wounded, Connell lived from July 7, 1844, when the stabbing occurred, to the l0th.

The facts in the case were that it was a drunken fight in which both were wounded. Magrath had eight stabs on his person, none of which was severe. The only witnesses were a family of Golivers that kept a kind of shanty boarding house and seemed to be bitter against Magrath.

The defendant, through his attorney, William E. Rose, demanded to be tried in the Supreme Court of the State, which then held court in each county. A change of venue to Allen County was secured, and Attorney Rose demanded that the defendant be tried there. The prosecuting attorney, James M. Barr, entered a nolle proscqui on the indictment, had the defendant reindicted in Van Wert County and brought back here for trial. Rose argued that his client had secured a change of venue on account of the prejudice existing and the court had no right to try him in this county. The court overruled him and he withdrew from the case. At the August term of the Supreme Court, Daniel Magrath was found by the jury guilty of murder in the first degree and was sentenced by the court to he hanged on the first

Friday in October, 1845. The decree was signed by M. Birchard, chief judge.

On the day appointed by the court, Daniel Magrath was hanged on a scaffold, erected on the west side of the jail, the execution being in public. A high board fence was built around the scaffold, but this was torn down the night before the execution. Thomas R. Kear was sheriff. The day of the execution people came 30 to 40 miles on horseback to witness it. Strong men wept like children, when the trap was sprung and he struggled for some time, as his neck had not been broken. There was a division of opinion, many believing that the verdict was too severe. The body was taken south of town, buried and a tree chopped on the grave, but the body was exhumed that night by the doctors.

TWO ANECDOTES OF THE EARLY COURTS.

Cyrenius Elliott was one of Van Wert's early settlers, corning here from Mercer County. He was at one time county surveyor. He was always full of life and generally ready to perpetrate a practical joke on any of his acquaintances. H. S. Knapp in his "History of the Maumee Valley" tells the following :

At the April term of court in Mercer County in 1847, a hog case was tried before Judge Patrick G. Goode. The arguments of the case had been concluded, the charge to the jury made, the case submitted to the jury within a few minutes of the regular dinner hour, and they had been ordered to their room. The court then adjourned until after dinner.

Within a few minutes, one of the jurymen Cyrenius Elliott (then a young, rough-hewn specimen of manhood but withal possessing more than average ability and coolness) entered the room of the hotel where the judge was seated.

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The judge rewarded Elliott with some surprise and excitedly asked, "What are you doing here? Have the jury agreed." "Jury agreed," hissed Elliott. "You must be a simpleton to ask the question. You must understand, Pat Goode, that I don't believe much in the divine rights of Kings or in the infallibility of Courts when run by such men as yourself. Your right way was to have let us have our dinner before sending us into the jury room knowing as you must, if you had good sense, that jurors have stomachs and bowels as well as judges and lawyers."

The judge in a towering rage threatened that his first business immediately after the reassembling of the court would be to visit upon Elliott the severest penalties of the law, to which Elliott, with much sang froid, responded, that it was not necessary for him to wait until after the meeting of the court to make a more flagrant Muggins of himself than he had already shown himself to be.

Upon the reopening of court, however, the judge reflecting that the law was inadequate to punish the recusant jurymen as he thought they deserved, made disposition of the case as explained below in the Mercer County Standard : "Abraham Miller of this place happened to be one of the famous 12. When the court reassembled in the afternoon, the judge, after censuring those of the jurymen who had appeared in the courtroom for their conduct, and after some hesitation as to what disposition to make of the case, ordered it to be recorded which closed as follows : `And the jury, not being able to agree, dispersed; and the case was continued to the next term.' The next term the court ordered that the defendant go hence without day and so the matter has slept until 1872 when Mr. Miller was ushered into the jury box by the sheriff, whereupon Mr. LeBlond, who was attorney for the defendant in 1845, objected to him on. the grounds that a man couldn't serve on two juries at the same time.

"Judge Mackenzie intimated that a man who was unable to make up his mind in 24 years was hardly competent to sit on a jury. However, Miller was permitted to remain until the final disposition of the case. But the fact still remains that the jury which went out in 1847 has never returned into court."

While Patrick G. Goode was on the bench, John H. Morrison was trying a case in which he had taken more than ordinary interest. After the evidence had closed, he felt that the cause of his client was lost and opened his address to the court and jury with the following declaration: "May it please the court; by the perjury of witnesses, the ignorance of the jury, and the corruption of the court, I expect to be beaten in this case." Judge Goode turned to Morrison and inquired. "What is that you say, Mr. Morrison ?" The latter promptly replied, 'That is all I have to say on that point," and proceeded with his remarks to the astonished jury.