HISTORY OF FAIRFIELD COUNTY
CHAPTER XIV.
BENCH AND BAR.
89
ever, attained his eminence at the bar, as he has directed his attention more to railroads, coal-fields, and the rostrum, during the last twenty years. He is a lawyer of great ability, especially in a difficult suit. Kinnis Fritter is a lawyer of twenty years practice. He is industrious, and gives close and careful attention to his business. W. C. Gaston has few superiors as an advocate, having been in the profession over twenty years, but a member of the Lancaster bar only three years, coming from Steubenville to this place, having previously practiced a few years in the west. David Stalter, formerly a citizen of Perry county, but a resident of Fairfield county for more than twenty years, came from the farm, entering the law profession in the middle of life. Nevertheless, he has succeeded. The firm of Hite & Dolson was established three years ago. Mr. Dolson filled the position of prosecuting attorney, four years, with distinguished ability. Samuel H. Kistler commenced the practice of law in Lancaster in 1860. The firm of Martin & McNiell stands high in the profession. Chas. D. Martin, the senior partner, studied his profession in Lancaster, and has practiced many years. As a manager of complicated and intricate suits, he has few equals. John B. McNiell, the junior partner, is a son of Doctor Robert McNiell. one of the early physicians of Lancaster. John G. Reeves, a man of ten or fifteen years practice at the bar, giving his work earnest attention; was elected prosecuting attorney three times, serving from 1870-76. Virgil E. Shaw studied law, in Lancaster, thirty years ago. He was prosecuting attorney from 1852 to 1854, and then elected probate judge, filling this office three years. His death occurred recently. William A. Shultz has been a member of the bar for years, serving as prosecuting attorney four years, being first elected in 1866, and reelected in 1868. Talman Slough was prosecuting attorney from 1862 to 1866. Before the court he is careful and concise in the management of his cases. George L. Seitz is among the oldest members of the Lancaster bar and one of its successful attorneys. He studied law in Lancaster, spent several years in Chicago, and has filled positions at Washington. Joseph S. Seitz, the son of a wealthy farmer of Fairfield county, studied law in Lancaster, and has been practicing successfully for six years. P. B. Ewing. the eldest son of Hon. Thomas Ewing, was, for a time, on the Common Pleas Bench. A large part of his time is devoted to banking, and other outside pursuits. E. P. Cartmell was formerly rector of St. John's Episcopal church; afterwards teacher in Lancaster, from which he entered the legal profession. George W. Alfred studied law in Lancaster. After his admission to the bar, he settled in Logan, where he practiced for fifteen or twenty years. In 1880, he again settled in Lancaster. David T. Clover, alter teaching a school and educating himself in the profession, was admitted to the bar, and settled in Lancaster.90
John G. Ewing, son of Hon P. B. Ewing, was admitted to the bar, in 1880, and the spring of 1881 was elected city solicitor. Edward F. Hunter is the eldest son of the late Hon. Hocking H. Hunter. He studied law with his father. After practicing twenty years in California, he returned to Lancaster and entered his father's office as partner. John D. McCormick, served as city mayor two years. In the fall of 1880, he was elected prosecuting attorney for the county of Fairfield. He died suddenly in September, 1881. William Hackett, Wm. Davidson, A. R. Eversole, W. T. McClen- nigan, Charles W. McCleary, J. R. Shellenberger, are young lawyers of Lancaster, who have been admitted to the bar within the last three or four years. In 1879, Mr. McCleary was elected Justice of the Peace for Lancaster township, which he resigned after filling the office one year. Charles F. Schaeffer, an old member of the Lancaster bar, commenced practicing thirty years ago. He has however given much of his time to other pursuits. The Lancaster bar, in 1841, was said to be unsurpassed in the State of Ohio. The members at that time, have since passed away, and younger ones now fill their places. Judge Wright, a native of Hocking county, was a lawyer of Logan, at the time of his election to the judgeship, in 1867. Judge Friesner, a native of Hocking county, but a resident of Logan, was practicing law there, when elected to the Common Pleas Bench, in 1879. George W. Graybill, clerk of the court, was born and raised within two miles of Lancaster, and is a son of Samuel Graybill, deceased. The present sheriff, Hiram Shoemaker, is a native of Berne township, this county. Hocking H. Hunter, was born near Lancaster, August, 1801 and died at his residence in Lancaster, February 4, 1872, in his seventy first year. He was a son of Joseph Hunter, the first white man that built a cabin in the Hocking Valley, where he located with his family, April, 1798. Mr. Hunter was in every respect a selfmade man. The son of a pioneer, in moderate circumstances, he had to contend with the privations and hardships inevitable to frontier life, in the wilderness. His early education was limited. He mastered all these hardships and difficulties, obtained a good education and taught such schools as the country then could afford. From a humble start and meager facilities, he worked his way to fortune and fame. In all the affairs of life he maintained the reputation of a man of stern integrity of character, and scrupulously honest. He early choose the profession of law, in which he became eminent, not only in this county, but throughout the state. At one time he was elected to the Supreme Bench of Ohio, but resigned before taking his seat. At another time he declined being Governor. So far as known, his life was unstained, preferring the duties of his profession to the political honor bestowed upon him. His companion, who survives him, is the daughter of Mr. Mattock. Of his family now living, three sons and three daughters, Edward F. Hunter, attorney, of Lancaster, is his oldest son.91
Philadelph Van Trump, familiarly known as Col. Van Trump, was born in Lancaster, in 1811, or 1812. The advantages of the day were limited. In his youth he received an ordinary pioneer log cabin school education. He was at one time connected with the Lancaster press, when a young man, after which he turned his attention to law, and attained a high position at the Lancaster bar, where for several years he was a partner of Henry Stanberry. In 1862, he was elected Judge of the Court of Common Pleas, filling this position until he was elected to Congress, in 1867. He served six years in Congress. In 1873, being in poor health, he declined the fourth term. In 1876 he died. Mr. Van Trump, was a law student of Philomon Beecher, also his son-in-law, marrying his youngest daughter, Louisa. Henry Stanberry was for more than thirty years a distinguished member of the Lancaster bar. Settling in Lancaster in 1832, he married Elizabeth Beecher, oldest daughter of Philomon Beecher. After her death, in 1845, he married a daughter of William K. Bond, of Chillicothe. Mr. Stanberry, as a lawyer, had few superiors. He practiced in the adjoining counties, and in the courts of the United States. He was the peer of Ewing, Hunter and Brazee. As a pleader, he was eloquent and forcible. In politics he was a leading Whig of Fairfield county, until 1850, when he joined the Democrats. In 1866 he accepted the appointment of Attorney General for the United States, as a member of President Johnson's cabinet. He was, previous to this, for a number of years, Attorney General of Ohio. In 1864, he removed to Cincinnati and established a suburban house, on the Kentucky side of the river. His death occurred in New York, in June or July, 1881, at the age of eighty years. A good story is told of Mr. Stanberry, which is worth the telling. A man accused of horse stealing was arraigned before the court and had no council. Mr. Stanberry was assigned to defend the accused. There being no private room, he took his client, by permission, to the rear of the building, for consultation. He asked the man if he had stolen the horse. The prisoner said he expected they'd prove it on him. Stanberry asked him how long it would take him to run to that woods, some three hundred yards off. He thought he could make it in about one minute. "Try it," Stanberry said. After the thief had been some time out of sight in the dense woods, Mr. Stanberry returned alone to the court room. ''Where is your client?" queried the court. "I have cleared him," council replied. John Garaghty, the oldest son of Michael Garaghty, former cashier of the old Lancaster, Ohio, Bank, was a lawyer of ability, and for many years a partner of H. H. Hunter. He was not a brilliant man, but a sound lawyer. He served as mayor of the town in 1848-49. Twenty years ago he removed to the vicinity of Cedar Rapids, Iowa, where he still resides. Wm. Slade, the son of Governor Slade of Vermont, settled in Lancaster, about 1834 or '5. He acquired a good practice in the law. In 1850, or near that time, he removed to Cleveland. After taking a tour through Europe, he returned to Cleveland. Charles Boreland and Jesse B. Hart, were for a number of years92
law partners in Lancaster, in 1835-50. Mr. Hart removed to California in 1850; Mr. Boreland retired from the practice. William W. Irvin, Washington Van Ham, Emanuel Giesy, William R. Rankin, Adison Shaw, Alfred Williams, James W. Stinchcomb, Alfred McVeigh, and William T. Wise, respectively, practiced law in the Fairfield County Court from 1838-60. Of this number, W. Van Ham, W. R. Rankin, Alfred Williams and Adison Shaw, only survive. (1881). Hon. William Medill, came from the state of Delaware, and opened a law office, in Lancaster, in 1832. He early acquired the confidence of the people, and rose to distinction. He was a Democrat, and an ambitious politician. He was three times elected to the Ohio legislature, (lower house.) In 1838-41, he was elected member of the lower house of the National Legislature, serving four years. He occupied the position of Indian agent, at Washington; and in 1860, held the office of first Comptroller of the Treasury. In the fall of 1852, he was elected Lieutenant Governor, of Ohio, and acted as Governor, the latter part of the term. In 1854 he was chosen Governor of Ohio, by the popular vote, and served two years. He was unmarried, and at his death in 1865, left a large estate, which he disposed of by will. William I. Reese, settled in Lancaster at an early day, and was for a number of years, an efficient and popular member of Lancaster bar. He filled municipal positions in the affairs of the city, besides devoting a portion of his time to merchandizing. He married the oldest sister of General and Secretary Sherman. Several years since, Mr. Reese became partially paralyzed, wholly unfitting him for active life. He is feeble and aged. William Irvin was one of Lancaster's first lawyers. For a short time he was Judge of the Court. He continued to practice law until 1840. From 1829-33 he was a member of Congress. In 1839 or '40 he was stricken with paralysis, and died in 1843, at his home, one mile south of town. Robert F. Slaughter, among the first settlers of Lancaster, practiced law in the first courts of the county. In 1805-6, he was Judge of the Common Pleas Bench. After retiring from the judgeship, he was a member of the lower house of the General Assembly of Ohio, in 1817- 19-21-23-24. October, 1846, he died, at the age of seventy-seven years. Philoman Beecher, one of Lancaster's early attorneys, was in Con- gress ten years. First elected in 1817, his last term expiring in 1829. His death occurred in 1839. John M. Creed began the practice of law in 1831. He was an able orator, and a success at the bar. Three times he was elected to the Legislature. 1833-35. The last term he was Speaker of the House. He died in 1847 or '48. William Pitt Creed, was a brother of John M. Creed. He began the practice of law in 1835. As a speaker, he possessed extraordinary power. His death occurred about the close of the southern war, 1865. Judge Charles Sherman was born in Norwalk, Connecticut, May 26, 1788. In 1810 he was admitted to the bar, the same year marrying93
Mary Hoyt, of Norwalk. In the following year he came to Lancaster with his wife and infant child, and commenced the practice of law. Their journey from their New England home was weary and beset with hardships, exposure and danger, being obliged to journey the greater part of the distance on horse back, carrying the baby on a pillow before them. The little boy carried thus was the late Hon. Charles Taylor Sherman, United States district judge, of the northern district of Ohio. Charles Sherman was elected by the legislature to the bench of the Supreme Court, in 1823;here he remained over six years, when death called him to a higher work. His death occurring at Lebanon, Ohio, while attending court, June 24, 1829. He was but forty-one years of age. Mary Hoyt Sherman, survived him many years. Their tombs are in the cemetery, east of Lancaster. Judge Sherman was the father of Gen. William Tecumseh Sherman, and Hon. John Sherman, now of the United States Senate (1881,) also, Mrs. W. J. Reece, of Lancaster, as well as other sons and daughters, not here mentioned. John Trafford Brazee was born in the State of New York, the place of his birth being Hinsdale, Columbiana county, December 24, 1800. Regarding the humble origin of his early life, his career has been attended with unbounded success. When a mere child he was left an orphan; he had one brother older than himself, and a sister, younger; for a time he and his sister were taken care of by their grandmother. He acquired his education in the Ohio University at Athens, and studied law with Joseph Dana, one of the professors in the university. After his admission to the bar, he opened an office and commenced practice in the town of Gallipolis. During his course at the university, he accepted a proposition, (the solicitation of Thomas Ewing,) to teach a six months' term of school in Lancaster, at $200.00 for the term. During his stay in this place, he formed the acquaintance of Mary Jane Schofield, daughter of Judge Schofield, to whom he was married in November, 1829. He practiced his profession in Gallipolis until 1833, when he removed to Lancaster. For a period of nearly thirty years he was a member of the Lancas- ter bar, practicing also in other counties. In 1855, he was elected to the Senate of Ohio, and. during the session of 1856 and 1857, took active part in the perfecting of an act, providing for the establishment of the "Bank of Ohio." He possessed a taste for agricultural pursuits, to which he gradually directed his attention. During the last years of his life, he withdrew from the law business and gave his time to the management of his farm. In 1878, under his dictation, a sketch of his life was written, and published in the Lancaster Gazette, shortly after his death, October 27, 1880. From its paragraphs we find the following accounts, which we quote for our readers: "In his tenth year he was left under the care of a man by the name of Lane," who, to use Mr. Brazee's terms, "was an ignorant, high-tempered, profane, stupid man. and his wife no better."94
"At the end of two years of hard work, scanty provisions and clothing, he was taken away by his grandfather. From that time he lived at different places, earning small sums of money at anything he could get to do. At one time, working for a blacksmith; another time, selling ginger bread; then a clerk in a small establishment; at length he saved a small sum of money, and, at the age of fifteen, he went to Hudson in search of employment. After clerking six months in Can- andugua, he concluded to come to Ohio, and, with the assistance of two of his employers, who gave him $25.00 each, he started on his journey, in company with a tailor and tin peddler; they came by water to Wheeling, and from there to Cincinnati; remaining there but a single day, he started on foot for Williamsburg; here he obtained employment, as assistant to the clerk of the court, for fifteen dollars a month; obtaining board for five dollars a month. While filling this position, he was inspired with the idea of becoming a lawyer. He was recom- mended to go to Athens; this he did at once, walking most of the way. Here he entered the school, earning his way by teaching and assisting the clerk of the court." Hon. Thomas Ewing was born December 28, 1789, near West Liberty, Ohio county, West Virginia. His father, George Ewing, was reduced in pecuniary circumstances, from selling his property in Cumberland county, New Jersey, for which he received, in payment, continental script, then at par, but shortly after, worthless. After this misfortune he moved west, and settled on a small farm near West Liberty. In April, 1792, the family removed, and settled at the mouth of Ohio Creek, on the Muskingum. They moved soon again, and settled in what is now Athens county. In the meantime Thomas was taken back to West Liberty, for the purpose of attending school, he then being eight years old; here he remained seven months. He had previously been taught to read by his sister, while the family were staying at the block-house, at "Olive Green," a refuge from hostile Indians. The Bible being about the only book the block-house could afford, he read much in it, causing him to be named "The Bishop." His home on Federal Creek, Athens county, was in a wilderness, seventeen miles west of the frontier. Here, for three years, the family was deprived of all intercourse with human beings. During this time, Mr. Ewing's library consisted of "The Vicar of Wakefield," "The Fool of Quality," and the Bible. In 1800, several other families having settled in the vicinity of the Ewings, a school was opened, in which Thomas studied the rudiments of English grammar under Charles Cutler and Moses Everett, two graduates of Cambridge College. In a published letter of Mr. Ewing's, found in Walker's History of Athens County, he gives the following: "My father settled in what is now Ames township, Athens county, early in 1798. There were a few families settled on or near the present city of Athens; but no roads, or even pathways, led to them; the distance was about twelve miles. There was also an old pioneer settler, encamped at the mouth of Federal Creek, ten miles away. This, as far as I know, comprised the population statistics, of what is now95
Athens county. I do not know the date of what is called 'No. 5, in Cooley's settlement, but it was early. "At this time of my father's removal, I was with my aunt, Mrs. Morgan, near West Liberty, Virginia, going to school, then near nine years old. In May, 1798, my uncle brought me home. We descended the Ohio River, in a flat boat, to Little Hocking, then came along a dim foot-path, some ten or fifteen miles, stopping over night at Dailey's camp. I was tired, and slept well on a bear skin bed which the rough old dame spread for me. In the morning my uncle engaged the son of our host, a boy about eighteen, to pilot us. "I was now at my home, and fairly an inceptive citizen of the future Athens county. The young savage, (our pilot,) was much impressed with some of the rude implements of civilization, which he saw my brother using, and expressed the opinion, that with an axe and augur a man could make everything he wanted, except a gun and bullet moulds. My brother was engaged in making some bedsteads. He had also finished a table, in the manufacture of which, he had also used an adze to smooth the plank, which he split in good width, from straight grained trees. "Transportation was exceedingly difficult, and our furniture, of the rudest kind, composed of articles of the first necessity. Our kitchen utensils were the big kettle, little kettle, bakeoven. frying pan and pot. The latter had a small hole in the bottom, which was mended with a button, keyed with a nail through the eye, on the outside of the pot. We had no table furniture that would break, little of any kind. Our meat consisted of bear or raccoon, with venison and wild turkey cooked together, and seasoned to the taste, then cut up in morsels and placed in the center of the table. Whilst the younger members of the family, armed with sharpened sticks, helped themselves about as well as with four tined forks, great care was taken in selecting wholesome sticks, as sassafras, spice bush, hazel and hickory; some- times the children were allowed to cut with the butcher knife, their slices from the fresh bear's meat, and venison, and stick them alternately on a sharpened spit, and roast before a fire. This made a royal dish. Bears, deer and raccoon remained in abundance until replaced by herds of swine. The great west would have settled slowly without corn and hogs. We had wild fruit of several varieties very abundant. There was a sharp ridge quite near my father's home, on which I had selected four or five service, or Juniper bushes, that I could easily climb, and kept watch of them, until they should get fully ripe. At a proper time, I went with my sister to gather them; but a bear had been in advance of me. The limbs of the bushes were brought down to the trunk, like a folded umbrella, and the berries all gone. The first year I was a lonely boy. My brother was eleven years older than myself, and my sister could not always be with me in the woods among the rocks and caves. A small spaniel dog was my daily companion. I was the reader of the family, but we had but few books, one besides "Watt's Psalms and Hymns," that being, "the vicar of Wakefield," which was by me almost committed to memory.96
Space will not permit to follow Mr. Ewing's career throughout, as he gives it. His father was never able, to give him more than a fair common school education, but Thomas, by his diligence, in earning small sums of money in various ways, at length entered the University at Athens, where he graduated; chose the profession of law; came to Lancaster in 1815, and entered the office of Philoman Beecher, as a law student. Two brief anecdotes of his life may here be permitted. At one time, when he was chopping wood in the forest, a pioneer Methodist preacher came along. By a recent rain the stream to be crossed was swollen. The missionary was afraid to attempt to ford it. Mr. Ewing, being a young man, strong and tall, took the preacher on his shoulders, the horse by the bridle, and landed them safely on the other side of the stream, and then returned to his ax. After being admitted to the bar, he began to cast about for a place to locate. Hearing a favorable report of Urbana, he visited the town on horseback. Two or three lawyers had already settled there. Mr. Ewing, after making his business known, and receiving little encourage- ment, mounted his horse, and returned to Lancaster. As he rode away, the idle group of loungers about the tavern door, learning something of his history, expressed the opinion that the best thing he could do would be to go home, and go to chopping wood. In physical strength, Mr. Ewing had few equals. At one time as he was passing the court house, a number of stout men were trying to throw a chopping ax over the building, they had all tried their muscle, but not with success. Mr. Ewing halted just long enough to take the ax-handle in his hand and send it sailing five feet or more above the steeple and then walked on down the street. In oratory he was not eloquent, but he could say more in fewer words than any one, and in that lay his great success. By some he was considered unsocial, as he seemed, when his mind was at work, but when once reached, his social qualities were warm, cordial and sincere; his mind worked on an elevated plan, leaving the im- pression, that he knew little of the small affairs of life, but at the same time he could often tell a farmer more about plows than he could tell himself. During the latter part of his professional life his business was chiefly in the higher courts, mostly at Washington City. He first entered political life in 1830, when he was elected to the United States Senate, serving there two terms, and two in the cabinet. Upon the death of President Harrison, (April 4th, 1841) Vice President Tyler invited the cabinet in a body, of which Mr. Ewing was at that time a member, to remain. He was originally intended for the Post- Office---but was finally assigned to the Treasury Department, which he accepted, but upon the meeting of the extra session of Congress, feel- ing confident in his mind that Mr. Tyler would betray the trusts and disappoint the hopes of the party that elevated him to power, Mr. Ewing indignantly resigned his place in the cabinet. On the lid of his burial casket was engraved the following:THOMAS EWING.
Born December 28th, 1789,
Died October 26th, 1871.
97The following members of his family still survive him: Mrs. Gen. W. T. Sherman, Hon. P. B. Ewing, Hugh Boyle Ewing, Gen. Thos. Ewing, Mrs. Col. Steele and Gen. Chas. Ewing. Mrs. Mariah Ewing, wife of Hon. Thomas Ewing, was born in Lancaster. She was the oldest daughter of Hugh Boyle, and was married January 1820, to Mr. Ewing, her death occurring in 1864. Both are entombed in the Catholic cemetery on the east border of Lancaster.98