ker, U. S. District judge. Another fact pleasure afforded in his intimate associaand a remarkable one, only Welker and tion with his brethren of the bar. Mathews served in the congress of the United States, the former in the House and the latter in the Senate. There was no austerity in his makeup, yet dignity was at the helm. In In the sketches of the men of Rich-visions of the act of Congress, having June, 1889, he retired, under the proland, heretofore published, I have at attained an age beyond his 70th year. some length written of James Stewart, In retirement at his home in Wooster, and while something more in this con- he lives at his ease, but giving to his nection may be said, it is not my pur- fellowmen of the richness of his experipose specially to add thereto, but rather ence much of helpful counsel and advice to make observations touching his asso- in every-day life, engaged in tilling the ciates, the Hon. Rollin C. Hurd and the soil and adding to the general store of Hon. Martin Welker. The latter only special information of the farmers of old survives. Born in a log cabin within the boundaries of Knox county in the the hills and in the valleys of the KillWayne as they meet in their clubs, on year 1819, and gaining the elementary buck. A dignified character, a doctorof-laws, so honored by the Wooster University, he is one of many of the old men in whose friendship I am greatly honored. Had he crossed the dark river I might say more of this distinguished jurist who be and forty years ago in our sixth judicial gan his judicial career more than three district of Ohio. When I was a studentat-law my preceptors now and then sent business in court. My temerity would me to Wayne county to give attention to quickly disappear under the genial, genthe glow of Martin Welker, and courage was given me by his kindly greeting and rudiments of an education in the schools affable manners. of the country, by his own persistent efforts he began the study of the law in 1836, was admitted to Ohio's bar in 1840, and then residing in Holmes county, he was associated in practice with Hon. W. R. Sapp. He was then appointed clerk of the court, which office he relinquished to resume the practice, and, as before stated, was elected to the common pleas bench, notwithstanding the fact that the subdivision was strongly of a different political faith. And since his service on that bench he has been lieutenant governor of Ohio, succeeding Thomas H. Ford. Midst the war he was commissioned a colonel and staff-officer of govRollin C. Hurd, for many years now ernor Dennison, the adviser of governor among the number of the honored dead Tod. But the people called him higher, of Ohio-of him I would write: Born and for six years he sat in the congress in 1815 in Vermont. How many very of the United States, in the 39th, 40th great men has the Green Mountain and 41st congresses, and participated state given birth to! Some remaining actively in the great work of reconstruc- within her borders like Justin S. Morrill tion after the war. To Martin Welker and George F. Edmunds, and others is due much of the beauty we now see moving with the star of empire westin the most beautiful capital city of the ward and becoming the adopted sons whole world, for during his whole con- of the commonwealths in which they gressional service he was a member of established their homes. the committee on the District of Colum- Rollin C. Hurd, when a young man, bia. The crowning work of his active came to Ohio to complete his classical life was, however, reserved for his last education and was a student and then work, and in November, 1873, the silent graduate of Kenyon College, at Gambier. soldier, President Grant, appointed him Possibly the hills of Knox, the weird judge of the United States District scenery, the primitive forests, where Court for the Northern District of Ohio. Bishop Philander Chase established His years of service on that bench were laborious years, but in a large measure he was gifted, and affability-a genial affability-so characterized the man that the burden of labor was lessened by the Kenyon College, reminded young Hurd of his native hills and green mountains. While a student he made the acquaintance of the daughter of Daniel S. Norton, and on taking his degree, he re turned to Vermont, and then a student pose, controlled their administration of of the law, in time he settled in Ohio the law. Technicalities were brushed and Miss Norton became his bride. May aside if they interfered with doing subI digress to say that Daniel S. Norton stantial justice between man and man. was a member of the Senate of Ohio, in The right was made to prevail over the the 24th and 25th General Assemblies, wrong. elected by Knox and Richland. One They, in common with their brethren brother-in-law of Rollin C. Hurd-Dan- on the bench of Ohio, in that formative iel S. Norton, Jr. was a United States period of practice under the code, were Senator from Minnesota. Another, A. given a great task. The change was Banning Norton, was a loyal son of the radical-from the old common law pracRepublic, living in Texas, a judge there, tice to that of the new code just adopted and only a few moons ago departed into in the state. The older members of the the shady valley. One of Rollin C. bar were indisposed to study the new Hurd's students was William Windom, practice-the young men, however, studU. S. Senator and Secretary of the Treasury under two presidents, and his eldest son, Hon. Frank Hurd, served with brilliancy in the Congress of the United States. ious and industrious, needed the guiding control of those who understood the science of pleading as taught by Chitty, and who were willing to mould the new practice in harmony with the legis Rollin C. Hurd was in very truth a lative enactment, and still preserve great lawyer and able jurist. His mind a system of pleading, founded on was well cultured, a vigorous and alert reason, freed from fiction and restthinker, his knowledge of the law accu-ing on a broad basis of truth and rate, and his capacity for mental work common sense. Judges Hurd. Stewalmost phenomenal. His face was pleas- art and Welker mapped. out the ant to look upon, his eye claimed your way-so careful, so learned were they, attention and captivated you, his voice that it was safe to say of them that the was sweet and low, yet clear and very at- dockets of the Supreme Court of Ohio tractive, and his manner Chesterfieldian; were not clogged by either appeal or and yet withal the humblest of all the error cases arising in the sixth judicial sons of Blackstone were made to feel at district of Ohio. In fact I do not record home in his presence. His services on a single case. It was a great bench-I the bench were for a single term. Ohio venture the opinion, greater than any should have honored herself by promot- that succeeded it, for it was a court of ing him to the Supreme Bench. common sense, reaching into the higher realm of conscience. Of this bench it was never said that Error was wrought of lack of thought or by lack of heart." I count it among my blessed memories that I knew Stewart and Hurd and Welker, and knew them well, and that each was my friend. When a boy, a youngster in the office of my preceptors, the ac- Judge Hurd, retiring from the bench, quaintance began, and looking backward entered again on the practice. He was I only voice the deliberate judgment of retained in matters of magnitude inall men of their day and time of service volving not only close legal questions, on the common pleas bench that they but large financial business interests. had no superiors throughout Ohio. Stew- For years he was the confidential adart with his magnificent presence; Hurd visor of the Pennsylvania Company, less in stature but ever dignified in ap- and he entered on the laborious task of pearance; Welker, least of the three bod- constructing a new railroad to benefit ily, but the equal of his brethren in all the city and county of his home. other respects-and sitting singly or to- was a genial, generous man, and though gether and constituting the district court, his retainers were large he was not a they were a bench, a model bench. Judi- man of wealth in the modern undercial integrity, great learning, clear, con- standing of the word. He was a good cise thought, adherence to principle liver, loved his friends, and hospitable founded on reason, familiarity with pre- himself, he enjoyed the hospitality of cedents and leading cases, honesty of pur- others. He was all round and round, a He great, good man. Years ago, at his home 4390. Alexander Glockner v. Wm. Newland in Mt. Vernon, he passed away, honored et al. Error to the Circuit Court of Scioto county. N. W. Evans, D. Livingstone. in life, respected in death. 4391. Peter Kelting et al. Error to the Circuit Court 4393. Augustus Skiver v. The Leland Uni- General Docket. 3215. Perry Vanzile v. John T. Creigh et al. Error to the Circuit Court of Richland county. Judgment affirmed. Katherine Huffman v. Anna Hanken It has been recorded of an eminent et al. Error to the Circuit Court of Putnam lawyer of Ohio " 'that as a man, as a county. Watts & Moore. Geo. Fitz. lawyer, as a judge and as a statesman, he left a record without a blemish, a character without reproach and a reputation as a jurist and statesman which but few members of the bar have attained." Though the above-quoted lines were written of the merits of Rufus P. Ranney, they may equally be truthfully applied to Rollin C. Hurd. I doubt not that had Judge Hurd been promoted to the Supreme Bench of Ohio his great learning and consummate ability would have made him known throughout the republic as the equal of any of the great jurists of the country. His field was narrowed by his environment. If wider scope had been given him his fame would have been equally enlarged, for "his record was without a blemish and 3761. Thomas M. Brooks, administrator, v. his character without reproach." It Robert Merdith. Error to the Circuit Court rested and ever rests on love and truth. of Licking county. Dismissed by consent at -Henry C. Hedges, in Mansfield Shield,ost of plaintiff in error. SUPREME COURT PROCEEDINGS. Cases filed in Supreme Court of Ohio since February 13, 1895: 4382. The Dwelling House Insurance Co. v. Sarah J. Ford Smith. Error to the Circuit Court of Athens county. Sleeper & Sayre, Brewer. Palmer & McGowan. L. M. Jewett. 4383. The Dwelling House Insurance Co. v. Sarah J. Ford Smith. Error to the Circuit Court of Athens county. Same attorneys as in 4382. 4384.. The L. S. & M. S. R'y Co. v. Edward L. Topliff. Error to the Circuit Court of Lucas county. E. D. Potter Jr. Scribner & Hurd. 4385. Catherine Reed et al. v. The German Baptist Church of Covington et al. Error to the Circuit Court of Miami county. Byrkett & Gilbert. A. F. Broomhall. 4386. The American Express Co. v. Irvin 4388. Mary E. Cheney v. Charles Butler. 4389. The City of Toledo v. Celestia Center. Er ro to the Circuit Court of Lucas county. C. F. Watts. Ashton H. Coldham, J. K. Hamlton. Error to the Circuit Court of Lucas county. 3291. Mary O'Farrell v. Nicholas Alberty. Settled and dismissed at cost of plaintiff in error. 3332. N. Y., L. E. & W. R. R. Co. v. William B. Moherman. Error to the Circuit Court of Ashland county. Dismissed for want of preparation. 3336. Jane Hickle v. Christopher Hickle. Error to the Circuit Court of Pike county. Dismissed for want of preparation. 4105. John V. Cuff, Probate Judge of Henry county, v. the State Ohio ex rel. Commissioners of Wood county. Error to the Circuit Court of Henry county. BY THE COURT. The act entitled "An act supplementary to chapter one, title six of the Revised Statutes of Ohio, 86 Ohio Laws, 123, and the amendments of sections one, two, three and ten, 90 Ohio Laws, 81, providing for the payment by the upper county to the lower county of the cost of out-let ditches," are in every respect valid enactments; and upon failure on the part of the probate judge of the upper county, on notice from the probate judge of the lower county, to appoint freeholders such upper county, may be compelled by manas provided in said act, such probate Judge of damus to make such appointment. Judgment affirmed. Motion Docket. 2331. Christ Coch v. the State of Ohio. Motion by defendant to advance cause No. 4301, on the general docket. Motion allowed. 2332. The Pittsburg & Lake Erie Railroad Company v. Robert E. Johnston's administratrix. Motion by defendant to advance cause No. 4351, general docket. Motion allowed. 2333. The Pittsburg and Wheeling Coal Company v. David Davis. Motion by defendant to advance cause No. 4011, on the general docket. Motion allowed. 2334. Nannie E. Meeker v. H. C. Helm, treasurer, etc. Motion by defendant to advance cause No. 4122, general docket. Motion allowed. 2335. Mary C. Meeker v. H. C. Helm, treasurer, etc. Motion by defendant to advance cause No. 4123, general docket. Motion allowed. i |