CHAPTER  X.

THE BENCH AND BAR OF MERCER COUNTY
Pg. 241

---------------

THE COURT OF COMMON PLEAS

     Regarding these courts, the constitution contained the following provision (Article 3, Section 3).:  “The several Courts of Common Pleas shall consist of a President and Associate Judges.  The State shall be divided, by law, into three circuits ; there shall be appointed in each circuit a President of the Courts, who, during his continuance in office, shall reside therein.  There shall be appointed in each county not more than three nor less than two Associate Judges, who, during their continuance in office, shall reside therein.  The President and Associate Judges in their respective counties, any three of whom shall be a quorum, shall compose the Court of Common Pleas.”   The Judges under this provision of the first constitution were elected by the General Assembly, and under the subsequent acts of that body were as follows:
     1824—John T. Greaves, Nathaniel Low and James Walcutt;
     1825—Joseph Greer and Thomas Scott;
     1826—John Manning;
     1827—William B. Hedges;
     1830—John Armstrong;
     1832—Joseph Greer;
     1833—John Manning;
     1834—Stacey Taylor;
     1836—Robert Linzee;
     1837—Allen V. Medbury;
     1839—David Hays;
     1842-43—Robert Linzee;
     1844—Allen V. Medbury;
     1845—John M. Parks;
     1846—Justin Hamilton and David Simpson;
      1848—William McDaniel; and
     1849—George W. Raudabaugh.
     The constitution of 1857 provided for the election of judges by the people and divided the State into judicial districts. Mercer County is in the Third Judicial District.  The districts are subdivided into First, Second and Third sub-divisions. The Third District, First Sub-division, as constituted at present, is composed of the following counties: Allen, Auglaize, Mercer, Shelby and Van Wert. From 1851 to 1879 the Third Judicial District, Second Sub-Division, was composed of the following counties: Mercer, Van Wert, Put-

[Pg. 242]
nam, Paulding, Defiance, Williams, Henry and Fulton.  The following have served as judges from 1852 to the present time:
     Benjamin F. Metcalf, Lima, from February, 1852, to February, 1857.
     Benjamin F. Metcalf, Lima, from November, 1858, to his death in March, 1865.
     O. W. Rose, Van Wert ( vice Metcalf), from March, 1865, to November, 1865.
     James Mackenzie, Lima, from November, 1865, to February, 1879.
     Ed. M. Phelps, St. Marys, from May, 1869, to February, 1879.
     Charles M. Hughes, Lima, from February, 1879, to February, 1889.
     James H. Day, Celina, from February 9, 1880, to September, 1892, when he resigned to go on the circuit bench.
     John E. Richie, Lima, from February, 1889, to February, 1899.
     Stephen A. Armstrong, Celina, from January, 1889, to the present time, his term expiring on the second Monday in January, 1909.
     Hiram C. Glenn, Van Wert ( vice Day), from October, 1892 to December, 1892.
     William T. Mooney, St. Marys, from December, 1892, to February, 1901, when he resigned to accept a position on the circuit bench.
     W. H. Cunningham, Lima, from February, 1899, to his death in 1906.
     William D. Davis, Sidney ( vice Mooney), from February, 1901, to November, 1903.
     Hugh T. Mathers, Sidney, from November, 1903, to present time, his term expiring February 8, 1910.
     George Quale, Lima ( vice Cunningham), from his appointment in 1906 to the present time.
     The Third Judicial Circuit is composed of 16 counties: Mercer, Van Wert, Paulding, Defiance, Henry, Putnam, Allen, Auglaize, Hancock, Hardin, Logan, Union, Seneca, Marion, Wyandot and Crawford.  The first election of circuit judges was held in October, 1884, and the first sitting of the several circuit courts was fixed for the 9th day of February, 1885.  The judges are elected in alternate years, one judge in each circuit, for a term of six years.
The following have served on this bench:
     Thomas J. Beer, Bucyrus, from February 9, 1885, to February 8, 1893.
     John J. Moore, Ottawa, from February 9, 1885, to February 8, 1895.
     Henry W. Seney, Kenton, from February 9, 1885, to his resignation,  September 7, 1896.
     James H. Day, Celina, from February 9, 1893, to February 8, 1905.
     James L. Price, Lima, from February 9, 1895, to February 8, 1901.
     John K. Rohn, Tiffin {vice- Seney), from September 8, 1896, to November 16, 1896.

[Pg. 243]
     Ebenezer Finley, Bucyrus ( vice Rohn), from November 17, 1896, to February 8, 1897.
     Caleb H. Norris, Marion, from February 9, 1897, to the present time, his term expiring- February 8, 1909.
     William T. Mooney, St. Marys, from February 9, 1901, to his death, November 29, 1904.
     Edward Vollwrath, Bucyrus ( vice Mooney), from November 29, 1904, to November, 1905.
     Silas E. Hurin, Findley, from February 9, 1905, to the present time, his term expiring- February 8, 1911.
     Michael Donnelly, Napoleon, from November, 1905, to the present time, his term expiring February 8, 1912.

* * *

     Among the attorneys resident in Mercer County, who practiced their profession here for any considerable period, we are able to recall the followingwho have died or moved elsewhere: James Watson Riley, Cyrenius Elliott, Francis C. LeBlond, Zenus Hameo, Thomas J. Godfrey, William L. Blocher, W. E. Baker, George W. Alfred, Newel L. Hibbard, Daniel J. Callen, John W. Steel, Jacob Broadwell, John P. Protzman, Alfred J. Hodder, Charles J. Brotherton, J. W. Conklin, James G. Loughridge, Keepers Alberry, Hiram Murlin, Lowry, C. H. Honibeck, Charles M. LeBlond, Archelaus D. Marsh, W. W. TouVelle, Byron M. ClenDening, J. T. Kenney, Richard S. Raudabaugh, C. S. Mouck, C. W. Cowan, Frank G. Robinson and A. W. Fishbaugh.
     Of the above, James Watson Riley was one of the founders of the town of Celina; the leading facts of his life are given in Chapter III of this work.   Sketches of Hon. Francis C. LeBlond, Hon. Archelaus D. Marsh and Hon. Thomas J. Godfrey appear in the biographical department of this work.  The last named was the oldest member of the bar at his death, which took place November 30, 1906.  The county owes Mr. Godfrey a deep debt of gratitude for his efforts in behalf of the public schools.

     JAMES G. LOUGHRIDGE, at one time a leading member of the Mercer County bar, but now deceased, was born in Washington township, Mercer County, Ohio, December 29, 1839. He was a son of William C. Loughridge, one of the pioneers of Mercer County, and was educated in the common schools of Fort Recovery, St. Marys and Celina. At about the age of 17 years, he began teaching school and taught a term two miles west of Macedon, and afterward at Macedon.  He also taught one term at Montezuma, and then went to California, via New York and the Isthmus of Panama, landing August 17, 1863.  He remained in California about 20 months, 11 months

[Pg. 244]
of which time he was bookkeeper for the St. Nicholas Hotel in Marysville and agent of the Marysville & Downieville stage line, with his headquarters at Marysville.  After that he taught school at Comptonville, Yuba County, near the summit of the Sierra Nevada Mountains, 18 miles from Downieville.  He then returned East, stopping at San Francisco, and coming home by way of the Nicaragua route, landing at New York in 1865.  Mr. Loughridge read law in the office of Hon. Thomas J. Godfrey at Celina for about 18 months, and in 1866 went to Cincinnati, where he entered the law office of Hon. Bellamy Storer, where he read law and at the same time attended lectures at the law school of the Cincinnati College, being graduated from this institution April 17, 1867.  On the same day he was admitted to the bar by Judge Jacob Brinkerhoof, of the Supreme Court of Ohio. After being admitted to the bar, he formed a partnership with John R. Perdue, and engaged in practice at Portland, Jay County, Indiana.  Remaining there about one year, he then located at Celina, October 29, 1869, and for about six months afterward was in partnership with John P. Protzman.  He then formed a partnership with Daniel J. Callen, the firm name being Callen & Loughridge.  This partnership was in existence about six years.  In 1876 he removed to Independence, Kansas, where he practiced law and ran a hotel, which was known as the Independence House. There he remained a little less than three years, when he returned to Celina, arriving there February 14, 1879.  Soon after his return to Celina, he formed a partnership with Wilson Conklin, which lasted about three months.  He then formed a partnership with Francis C. and Charles M. LeBlond, the firm being known as LeBlond, LeBlond & Loughridge.  This firm continued until October, 1888, when Charles M. LeBlond withdrew and removed to Cleveland, Ohio. The firm then was LeBlond & Loughridge, and so continued until June 19, 1891, when John M. Schlosser became a member thereof, and the firm name became LeBlond, Loughridge & Schlosser, which continued for a period of time.  The next partnership formed was with L. L. Taylor, which continued until his death in the month of January, 1902.

     FRANK G. ROBINSON, residing at Rockford, was at one time a member of the Mercer County bar. He was born and raised in Rockford and was educated in the village schools.  Graduating from a law college, he was admitted to the bar and commenced the practice of the law in his native village, at the same time turning his attention to the banking business.  He removed from Rockford some time ago.

     A. W. FISHBAUGH is a native of Mercer County.  He obtained a preliminary education in the public schools and taught for a number of years, after

[Pg. 245]
which he entered the Ohio Normal University at Ada, and completed the civil engineering course at that institution.  Mr. Fishbaugh completed the course in the Cincinnati Law School and was admitted to the bar in 1894, but never engaged in the active practice of the law.
     He was elected county surveyor of Mercer County and served in that capacity two terms or six years.  Mr. Fishbaugh is still following his chosen profession, being now the chief engineer of the Fort Wayne & Springfield Railway Company.

PRESENT MEMBERS OF THE BAR.
 

     The following are members of the Mercer County bar at the present time, although all are not in active practice: Hon. James H. Day, Hon. Stephen A. Armstrong, Hon. C. G. O. Miller, Hon. Charles S. Younger, John W. De Ford, Clarence E. Marsh, John M. Schlosser, John G. Romer, Edgar J. Brookhart, of Celina; E. E. Jackson, of Rockford; and John A. Hunter, of Fort Recovery, whose sketches appear in the biographical department of this volume; and the following, whose sketches appear herewith:

     ISRAEL F. RAUDABAUGH, one of the older members of the Mercer County bar, was born in 1844, and was educated partly in Celina, but is a graduate of Mount Union College, Stark County, Ohio.  He commenced active life as a school teacher and taught three years in Center County, Pennsylvania.  He was superintendent of the normal schools, at Berlin, Meyersdale and Somerset.  He studied law under Collum & Kimball, and was admitted to the practice in Somerset County, Pennsylvania.  Mr. Raudabaugh returned to Mercer County, and superintended the schools, in Celina in 1871-72, and at Fort Recovery, in 1872-73.  He was elected county surveyor, which office he held for three years, and settled permanently in Celina in 1872.  Mr. Raudabaugh and Stephen A. Armstrong entered into partnership in the law business, which continued for some time; on the dissolution of the firm, each member continued in the practice, but Mr. Raudabaugh besides practicing law is engaged extensively in farming, and for a number of years has turned his attention to the oil business.  He has been very successful in this line and has owned and operated some of the best leases that were ever developed in this territory.  He is a lawyer of fine literary attainments, and is well versed in the law, but being engaged in the milling business and other pursuits, is not at present diligently following his chosen profession.

     S. S. SCRANTON, a member of the Celina bar, was born at Fort Recovery, Mercer County, Ohio, April 23, 1848. At the age of one year he removed with his parents to a farm three miles south of Fort Recovery, where he

[Pg. 246]
attended the schools that were afforded the children of that time, receiving a good common-school education.  When grown to manhood he attended an academy of learning at Greenville, Ohio, and then began teaching school.  After teaching a number of terms, he concluded to go to the National Normal School at Lebanon, Ohio—this was in the summer of 1867.  He then resumed teaching until 1872, when he came to Celina and began to read law in the office of Hon. Thomas J. Godfrey.  In 1876 he was admitted to the bar at Kenton, Ohio, and formed a partnership with J. W. Conklin, of Sidney, Ohio, which lasted for about one year.  Since that time he has never been in partnership in the law.  He was elected recorder of the county in 1879, and served six years in that office and at the expiration of his office he resumed the practice; in about two years he was elected to the office of probate judge of the county, and after serving six years in that office he again commenced the practice of the law, in which he has continued up to this time.  (see portrait)

     HON. ROBERT L. MATTINGLY, oldest son of Dr. Robert Mattingly and his wife, Mary (Howard) Mattingly, late of Francesville, Indiana, was born at Martinsburg, Washington County, Indiana, February 10, 1849.  His earlier education was acquired in the public and subscription schools of Pulaski County.  At an early age he entered the railroad service and filled various responsible offices, in the accounting departments, during a period of 10 or more years.  For a short time he taught school, and in 1876-77 was editor and proprietor of The Hoosier Wave, a Republican paper of Pulaski County.  He was admitted to the Circuit Courts of Indiana in 1877.  After some practice he entered the Central Law School of Indianapolis (law department of Butler University), and graduated with the class of 1879-80.  During his attendance at law school, he was associated with Hon. M. B. Williams and engaged in practice in so far as his studies permitted.  After graduating, he returned to Pulaski County and formed a partnership with Hon. Geo. Burson, at Winamac. Mr. Burson’ s election to the circuit bench later on terminated the partnership.  He then was associated with Judge H. Burns (a law writer of note in Indiana), whose appointment on the U. S. Coast Survey by President Cleveland led to an abandonment of that field. On the 9th of April, 1885, Mr. Mattingly opened an office in Celina, and with the interruption of one term as city solicitor, and something less than a year as probate judge, he has been actively engaged in the general practice of the law.  His clientage has been of a high and lucrative class that has recognized his ability as a lawyer and integrity as a man.  He is well known to the members of the bar throughout Northwest Ohio.

     JOHN WESLEY LOREE, a leading attorney at the Celina bar, was reared on

[Pgs. 247 & 248]

PHOTO OF ST.  JOHN'S EVANGELICAL LUTHERAN CHURCH, CELINA

PHOTO OF FIRST PRESBYTERIAN CHURCH, CELINA

RESIDENCE OF C. E. RILEY, CELINA

EVANGELICAL LUTHERAN AND REFORMED CHURCH, CELINA
(Now used by the Free Methodists)

[Pg. 249]
his father's farm in Black Creek township, Mercer County, Ohio, where he was born July 18, 1853.  He received his education in part in the old log school house of that day, attended school at Celina and spent four years at Mount Union College in Stark County.  He read law in the office of LeBlond & Day, of Celina, Ohio, and was admitted to the bar by the Supreme Court of Ohio, at Columbus, April 5, 1881.  A few days afterward he formed a partnership with Hon. Archelaus D. Marsh, which partnership continued for a period of 22 years, during which time the firm were engaged in nearly all of the important cases tried at the courts of the district, the law firm being recognized as one of the ablest at the Celina bar.  Mr. Loree was always a close and hard-working student and prepared his cases for trial with such care that he felt assured if a case was .lost that he had done all that could be done on his part to win a victory.  He is recognized by the bar and bench as one of the leading lawyers not only of his own county but throughout the entire judicial district, his practice extending to the other counties of the district, as well as to the Supreme Court of Ohio.  John W. Loree by his straightforward and manly course is honored and esteemed by not only the members of the profession but by the citizens generally.  He was appointed county school examiner of Mercer County, August 16, 1879.  In 1880 he served out the unexpired term of C. L. Clippinger as superintendent of the Celina union schools, and in 1892 he was nominated by the Democracy in his Congressional district as a candidate for presidential elector. In 1893 he was elected city solicitor of the village of Celina.  At present he is a member of the Board of Education, Celina.

     PATRICK E. KENNEY was born in Cincinnati, Ohio, December 11, 1854, and while yet a young child removed with his parents to Adams County, Indiana, where he received an education such as was given in those days by the old-time Hoosier schoolmaster in the primitive, little, log schoolhouse.  The task seemed prodigious, but having been accustomed to toil and difficulties, he did not hesitate to encounter them in the role of student.  He first attended the Ohio Normal University, at Ada, Ohio, and later the normal school at Valparaiso, Indiana.  He afterward taught school one year in Indiana, and three years in Mercer County, Ohio.  In March, 1885, he began reading law in the office of LeBlond, LeBlond & Loughridge, of Celina, and on July 9, 1887, was admitted to the bar.  He immediately began the active practice of his profession, continuing until the present time.  On April 16, 1890, he formed a partnership with Robert L. Mattingly, the firm being Mattingly & Kenney.  After a time this association of business interests was dissolved and later on he and John G. Rorner formed a law partnership, but in the course of time this was dissolved, and each one had an office alone. Mr.

[Pg. 250]
Kenney's success in his profession has been most gratifying to himself and his friends, and justly ranks him among the leading members of the Celina bar.  In politics he is a Democrat and has been quite active and prominent in the councils of his party.  He served four years as a member of the Board of School Examiners of Mercer County.  He has been elected twice to the office of prosecuting attorney of the county, serving in all six years.  He was appointed by the Democratic party of the Fourth Congressional District as a delegate to the National Democratic Convention at St. Louis, in 1904.

     HENRY A. MILLER, a well-known member of the Celina bar, has been associated with his brother, Hon. C. G. O. Miller, under the name of Miller Brothers, in the active practice of the law for the past 20 years at the Celina bar.  Each member of the firm has served as prosecuting attorney of the county for two terms each.  Henry A. Miller has also served as city solicitor of the village of Celina.  The firm of Miller Brothers is recognized as one of the leading law firms of the Celina bar; its members have won distinction for themselves in their profession.

     The well-known law firm of TouVelle & Ford of the Celina bar is composed
of HON. WILLIAM TOUVELLE and EMMETT T. FORD, both of whom have proved themselves to be lawyers of recognized ability.  They are both graduates of the Cincinnati Law School and commenced the practice of the law at Celina.  Mr. Ford first having his office with Hon. Thomas J. Godfrey, and Mr. TouVelle first forming a partnership with the Hon. J. T. Kenney, which continued for a number of years, when Mr. Kenney concluded to move to Madison. Wisconsin.  Then the firm of Tou Velle & Ford was formed, which is still doing business.  Both of its members are young men, well educated in literary as well as legal lore, and have won the esteem of their fellow members of the bar, as well as the public generally.  The result is that they have a good and growing practice.  Hon. William E. TouVelle, the senior member of the firm, has the honor of being the only man to be elected from his county in the Lower House of Congress of the United States in the past 40 years—he was elected in 1906 by the Democratic party from the Fifth Congressional District, composed of the counties of Mercer, Darke, - Shelby, Auglaize and Allen.

     HON. JAMES D. JOHNSON, one of the leading attorneys at the Celina bar, is a native of Black Creek township, Mercer County, Ohio, in the schools of which township he received a common-school education.  Being ambitious to get a higher education by his own efforts, he succeeded in obtaining a classical education at Delaware, Ohio.  Having determined to become a

[Pg. 251]
lawyer, he came to Celina and commenced the study of the law in the office of Hon. Thomas J. Godfrey and then attended the Cincinnati Law School, from which he graduated with high honors.  Commencing the practice at Celina, he entered into a partnership with Hon. Stephen A. Armstrong, which continued for a long period of time, until the Judge went on the bench, James D. Johnson still continues to practice and has been one of the most successful practitioners at the Celina bar, winning a name and fame for himself.  He has been employed in some of the most famous cases that have been tried in our courts, and is recognized as an able advocate before a jury, seldom failing to convince the jury and court of the allegations made in his pleadings.  He is held in high esteem by not only the members of the bar, but has had the honor of holding a number of minor offices obtained by the votes of his fellow townsmen, having been especially honored by the voters of his senatorial district, having been twice nominated by the Democratic party and both times elected to a seat as a State Senator, which office he filled acceptably, with credit to himself and honor to his party.

     JOHN KRAMER was born at Minster, Auglaize County, Ohio, May 16, 1868, and was educated in the schools of the village.  He read law at Sidney, Shelby County, Ohio, with Hon. W. D. Davies, who was afterward appointed one of the common pleas judges of the district.  Mr. Kramer was a student at the Cincinnati Law School and was graduated from that institution of learning in 1893.  He was admitted to the bar by the Supreme Court of Ohio, at Columbus, and at once opened a law office in his native village.  He came to Celina in 1895, opened a law office and resumed the practice, making the commercial branch of the law a specialty, in which he has attained success to a remarkable degree.  Mr. Kramer is an active, energetic and progressive lawyer, and usually accomplishes whatever he undertakes.  He is looked upon as one of the active members of the Celina bar.

     FRANK V. SHORT was born near Loramie, Shelby County, Ohio, November 8, 1867.  After securing a common-school education in the schools of Paulding, Shelby, Darke and Mercer counties, he attended the Ohio Normal University at Ada, Ohio.  He then taught school in Mercer County for three years, and finished the law course at Ada, May 17, 1896.  He was admitted to the bar by the Supreme Court of Ohio, June 25, 1896.  He came to Celina, June 30, 1896, and formed a partnership with Byron M. ClenDening, with whom he continued for about two years in the practice of the law, when Mr. ClenDening left for Cincinnati, Ohio.  He later formed a partnership with Robert L. Mattingly, which continued for about two years, being dissolved January 1, 1900, since which time he has practiced law alone.  He was elected

[Pg. 252]
to the office of justice of the peace in 1900, which office he has held to the present time. He was elected a member of the Celina Board of Education and has been president of the board since 1904.

     ED L. BRYSON belongs to the younger class of lawyers of the Celina bar.  He was educated in the public schools of Celina, and is a graduate of the Cincinnati Law School.  He commenced the practice of his profession by forming a partnership with Richard S. Raudabaugh, a young lawyer who was born and raised in this community, educated in the public schools of Celina and who was also a graduate of the Cincinnati Law School.  This partnership continued until a few years ago, when Mr. Raudabaugh, retiring, moved to Lansing, Michigan.  Mr. Bryson still retains the same location the firm had. In addition to his law business, he is engaged in the real estate and loaning business on an extensive scale.

     L. L. TAYLOR, a graduate of the Cincinnati Law School, is one of the youngest members of the Celina bar.  He commenced the practice at Celina in partnership with James G. Loughridge, which partnership lasted as long as Mr. Loughridge lived.  Since that time Mr. Taylor has occupied the same office.  It may well be said he is one of the rising young lawyers of the Celina bar, where he has already acquired quite an extensive practice.

     ROBERT B. LANDFAIR, one of the younger members of the Celina bar, was born, reared and educated at Celina.  He is a graduate of the Cincinnati Law School, and commenced the practice of the law at Celina, where he has won the distinction of being one of the ablest advocates at the bar.  Mr. Landfair is recognized as being a skillful trial lawyer, well versed in the law; he handles his cases with ease and skill.

     ORVELLE RAUDABAUGH is the youngest member of the Celina bar.  He was born and raised in Mercer County, Ohio, and received an excellent education in the public schools of the county.  He was a student at the Ohio State University, at Columbus, Ohio, and on June 2, 1904, received the degree of Bachelor of Law, and was admitted to practice by the Supreme Court of Ohio. He came to Celina in the fall of 1905, and bought the office of Charles S. Younger, and commenced the practice of his profession.  We all recognize in Mr. Raudabaugh the elements of a good lawyer—he is active, energetic and studious, and we predict for him a bright future.

     A. G. STEWART is a member of the Mercer County bar.  He is a resident of Rockford, moving to that place from Lima, Ohio, and engaging in the practice.  He has been honored by the citizens of the village by being elected mayor of the town, and enjoys a good practice.