Part 19

The late Leonard Case was the second child and oldest son of Magdalene and Mesech Case, of Westmoreland county, Pennsylvania. His mother, who was a native of Winchester, Virginia, was of German extraction, her maiden name being Extene. His father, believed to have been of English ancestry, was born in Sussex county, New Jersey. For nearly forty years Mr. Mesech Case suffered from asthma to the extent of making him a partial invalid, and hence much of the management of his affairs devolved upon his wife, a woman of superior character, educated beyond the average of those days, energetic, having good executive ability, and blessed with robust health. The family cultivated a small farm in Pennsylvania, which yielded but a moderate support, so that when news came of the land of rich promise beyond the mountains, where the soil yielded with an abundance marvellous in the eyes of those who painfully cultivated and carefully gathered in the older States, they collected their implements and stock, packed their household effects, disposed of the farm, and, crossing the mountains, settled down somewhere between the western foot of the Alleghanies and Pittsburgh. This, however, was not the land of promise. The reports they had heard in their Westmoreland home of the soil which produced crops almost without care, and which embarrassed by their abundant yield, came from still farther west, and again the Case household took up the line of march, settling down finally upon a farm of two hundred acres near Warren, Trumbull county, Ohio, in the year 1800.

There were then five children in the Case household, Leonard, the oldest son, and the subject of this biographical sketch, being then sixteen years old, having been born in Westmoreland county, Penn., July 20th, 1784. In the invalid condition of his father, and being the oldest son of the family, young Leonard was compelled to take a prominent part in the management of the affairs of the farm. In the Spring succeeding the removal to Trumbull, he started out in search of working oxen needed for the Spring work. The task was a difficult one, and he traveled for some time, becoming much heated with the walk and the anxiety. On his return he had to cross a stream several times whilst he was in this heated condition, the result being the contracting of a severe cold which settled in his limbs and brought on an inflammation that confined him to his bed for months.

It was late in the Fall of 1801, when he recovered sufficiently to arise from his bed. But he arose as a cripple. The injury he had received from his unfortunate journey was permanent, and he was unable for some time after his rising from a sick bed to walk, or even to stand. Thus helpless in body, whilst active in mind, he pondered over his future. As a farmer he was no longer of any use, and unless some other mode of livelihood was adopted he must remain a dependent on his relations. This was galling his independent nature, and he determined to avoid it if possible.

[Illustration: I am Respectfully Leonard Case]

His hands were free if his feet gave promise of but little usefulness. He concluded that the pen would be a fitter implement for his purposes than the plow, and he took measures accordingly. Whilst lying in bed, unable to rise, he had a board fastened before him in such a manner as to serve for a desk. With this contrivance he worked diligently, whilst lying otherwise helpless, to acquire the rudiments of knowledge. He learned to write and cipher with moderate ease and correctness, and when he had matured the contents of an arithmetical text book, which was the property of his mother, he borrowed a few works on the higher branches of mathematics from some surveyors in the neighborhood. From the knowledge in this way acquired, he conceived the desire to be a surveyor and he set to work energetically to perfect himself in that science so far as it could be done by books. He was embarrassed by the want of even the most simple instruments. A semi-circle for measuring angles was made by cutting a groove the required shape on a piece of soft wood, and filling it by melting and running in a pewter spoon, making an arc of metal on which the graduated scale was etched. A pair of dividers was improvised from a piece of hickory, by making the centre thin, bending it over, putting pins at the points, and regulating its spread by twisting a cord.

But more education was needed, and if he expected to pursue the path he had marked out in his mind, he must leave his home and venture out in the world. To do this, money was needed, for to a cripple like him the first struggle in the battle of life would be almost hopeless, if he entered on it totally without resources. As seen, he had already manifested a strong mechanical bent. He was domestic carpenter, making and repairing such articles as were needed in the household. This ability he immediately commenced to turn to account. A rude chair suitable to his needs was mounted on wheels, and in this he was able to reach the edge of the woods surrounding the house, where he cut twigs and made baskets, which were purchased by the neighbors. Other jobs requiring mechanical skill were done by him for the neighborhood, and in this way a small fund was gradually accumulated with which to make his meditated start in life.

In 1806, he was able to set out from home and reach the village of Warren, where he concluded that a better opportunity existed for obtaining work with his pen. He found employment as clerk in the Land Commissioner's office, where his industry, zeal, and strong desire to improve both his knowledge and opportunities, soon brought him into notice and gained for him many valuable friends. Chief among these was Mr. John D. Edwards, a lawyer, holding the office of recorder of Trumbull county, which then comprised all the Western Reserve. Mr. Edwards proved a fast friend to Mr. Case, and his memory was ever held in respect by the latter. He advised the young clerk to add a knowledge of law to his other acquirements, and furnished him with books with which to prosecute his studies, until he was at length admitted to the bar. In addition, he gave him such writing as fell in his way to be given out, and thus aided in enabling him to support himself.

The war of 1812 found Mr. Case at Warren, having, among his other duties, that of the collection of non-resident taxes on the Western Reserve, for which he had to furnish what was then considered heavy bail. Having to go to Chillicothe to make his settlement, he prepared for the journey by making a careful disposition of all his official matters, so that in case of misfortune to him, there would be no difficulty in settling his affairs, and no loss to his bail. The money belonging to the several townships was parcelled out, enveloped, and marked in readiness to hand over to the several trustees. The parcels were then deposited with his friend, Mr. Edwards, with directions to pay over to the proper parties should he not return in time. The journey was made without mishap, but on his return Mr. Case found that his friend had set out to join the army on the Maumee, and had died suddenly on the way. To the gratification of Mr. Case, however, the money was found where he had left it, untouched.

In 1816, Mr. Case received the appointment of cashier of the Commercial Bank of Lake Erie, just organized in Cleveland. He immediately removed to Cleveland and entered on the discharge of his duties. These did not occupy the whole of his time, so with the avocations of a banker he coupled the practice of law and also the business of land agent. The bank, in common with most of the similar institutions of the time, was compelled to suspend operations, but was revived in after years with Mr. Case as president. Of those who were connected as officers with the original organization, Mr. Case gave the least promise of a long life, but yet he outlived all his colleagues.

With the close of the bank he devoted himself more earnestly to the practice of the law and the prosecution of his business as a land agent. The active practice of the law was abandoned in 1834, but the land agency was continued until a comparatively recent period, when his infirmities, and the care of his own estate, grown into large proportions, rendered it necessary for him to decline all business for others.

Mr. Case had a natural taste for the investigation of land titles and studying the history of the earlier land owners. His business as a land agent gave him scope for the gratification of this taste, and his appointment as agent for the management of the Western Reserve school lands, enabled him still further to prosecute his researches, whilst his strong memory retained the facts acquired until he became complete master of the whole history of the titles derived from the Connecticut Land Company.

From his earliest connection with Cleveland, Mr. Case took a lively interest in the affairs of the village, the improvement of the streets, maintenance and enlargement of the schools, and the extension of religious influences. For all these purposes he contributed liberally, and spent much time and labor. To his thoughtfulness and public spirit are due the commencement of the work of planting shade trees on the streets, which has added so much to the beauty of the city, and has won for it the cognomen of the Forest City. From 1821 to 1825, he was president of the village, and was judicious and energetic in the management of its affairs. On the erection of Cuyahoga county, he was its first auditor. He was subsequently sent to the State Legislature, where he distinguished himself by his persistent labors in behalf of the Ohio canals. He headed the subscription to the stock of the Cleveland, Columbus and Cincinnati Railroad Company with the sum of five thousand dollars, and became a director in the Company. His good sense, a judgment that rarely erred, his extensive knowledge of the village and surrounding country, and the cheerful readiness with which he gave counsel, whenever requested in good faith, caused him to be the confidential adviser of the county and municipal officials, after he had ceased to take an active part in public affairs.

One of the rules from which he never deviated, was in no case to contract a debt beyond his ability to pay within two years without depending on a sale of property. In this way he was enabled to accumulate acre after acre in what has since proved to be valuable portions of the city, and thus to acquire a vast estate, which, in his later years, became steadily remunerative.

Mr. Case was a man of uncommon industry, of high integrity, and strong common sense. His manner to strangers, especially when interrupted in business, was brusque, and gave an unfavorable impression to those unacquainted with his real character, which was uniformly cheerful and kind. As a seller of land, he was both just and generous, and from no one ever came the complaint of oppressive or ungenerous treatment. Although not a member of any church organization, he had strong religious tendencies, of a liberal cast.

Mr. Case died December 7th, 1864, leaving one son, Leonard Case, the other son, William, having died a short time earlier.

Reuben Wood.

Honorable Reuben Wood, an early settler of Cleveland, was born in Rutland county, Vermont, in 1792. In early life he worked on a farm in Summer and taught school in Winter. Resolving to achieve more than this, he went to Canada and studied the classics under the tuition of an English clergyman, and while there commenced the study of law with Hon. Barnabas Bidwell. When war was declared in 1812, young Wood, with all other resident Americans were required to leave Canada. He then went to Middletown, Vt., where he completed his legal studies in the office of Gen. Jonas Clark, an eminent lawyer of that place.

In 1818, he married, and emigrated to Cleveland, where he arrived September of that year, a stranger, and without money. He at once entered upon a successful practice, and soon became distinguished as a lawyer and advocate.

In 1825, he was elected a member of the State Senate, and was twice re-elected to the same position.

In 1830, he was elected President Judge of the Third Judicial Circuit.

In 1833, he was elected a Judge of the Supreme Court, and at the close of his term was re-elected. For the last three years of his second term he was Chief Justice. As a Judge he was noted for sound logic, and the clearness of his decisions.

In 1850, Judge Wood was elected by the Democratic party Governor of the State by eleven thousand majority, and was re-elected Governor in 1851, under the new constitution, by a majority of twenty-six thousand.

In 1853, he was appointed, by the Government, Consul to Valparaiso, South America. While there, he, for some months, at the request of the Government, discharged the duties of a Minister Plenipotentiary to Chili.

On his return from Chili, he returned to his farm in Rockport, near Cleveland, where he died, October 2, 1864, generally esteemed, and highly respected by all who knew him.

John W. Willey.

John W. Willey was a native of New Hampshire, being born in 1797. He pursued a regular course of study at Dartmouth College, under the encouragement of the distinguished President Wheelock, after whom he had been named. He studied law in New York.

In 1822, being then twenty-five years of age, he came West and settled in Cleveland. At that time it had but one tavern, no church, no railroads, no canal, an occasional steamboat only, three or four stores and a few hundred inhabitants; such was the then picture of a settlement now approaching to a city of a hundred thousand people. Small as Cleveland then was, professionally, Mr. Willey had been preceded by men of decided ability. Alfred Kelley, Leonard Case, and the late Gov. Wood, had taken possession of the field four, six and twelve years before him, and were men of far more than ordinary ability. Mr. Willey was peculiarly adapted to such circumstances as these. Thoroughly versed in legal principles, of a keen and penetrating mind, a logician by nature, fertile and ready of expedient, with a persuasive eloquence, enlivened with wit and humor, he at once rose to prominence at the bar of Northern Ohio. The Cuyahoga bar was for many years considered the strongest in the State, but amongst all of its talented members, each with his own peculiar forte, for the faculty of close and long-continued reasoning, clearness of statement, nice discrimination, and never ending ingenuity, he had no superior.

In 1827, Mr. Willey was partially withdrawn from practice, by being elected to the Legislature, where he served three years as Representative and three as Senator, until 1832.

He was the first Mayor of Cleveland, being elected in 1836, and re-elected in 1837, by large majorities, and prepared the original laws and ordinances for the government of the city.

He was amongst the earliest projectors, prior to the reverses of 1836 and 1837, of the railroads to Columbus and Cincinnati, and to Pittsburgh.

In 1840, he was appointed to the bench, thus restoring him to those studies and subjects of thought from which years of public and of business life had diverted him. No sooner had he assumed this new position than by common consent it was recognized as the one above all others he was best fitted to adorn. Possessing the power which so few men have, of close, concentrated, continuous thought, he was at the same time prompt in his decisions. His instructions to juries, and his legal judgments, usually pronounced at considerable length, were marked by that precision of statement, clearness of analysis, and felicity of language, which made them seem like the flowing of a silver stream.

Judge Willey, at the time of his death, which occurred in June, 1841, was President Judge of the Fourteenth Judicial District. He died deeply regretted by a large circle of professional and other friends, who had become much attached to him for his many virtues, uniform and dignified, yet unostentatious life.

In the Western Law Journal for 1852, we find a judicial anecdote related of Mr. Willey, in illustration of his wit, and immovable self-possession. The writer says: "At his last term in Cleveland we happened in while he was pronouncing sentence upon a number of criminals who had been convicted during the week, of penitentiary offenses. One of them, a stubborn looking fellow, who, to the usual preliminary question of whether he had anything to offer why the sentence of the law should not be pronounced upon him, had replied somewhat truculently, that he had 'nothing to say,' but who when the judge was proceeding in a few prefatory remarks to explain to the man how fairly he had been tried, etc., broke in upon the court by exclaiming that 'he did'nt care if the court had convicted him, he wasn't guilty _any_ how.' 'That will be a consolation to you,' rejoined the judge, with unusual benignity, and with a voice full of sympathy and compassion, 'That will be a consolation to you, in the hour of your confinement, for we read in the good Book that it is better to _suffer_ wrong, than _do_ wrong.' In the irrepressible burst of laughter which followed this unexpected response, all joined except the judge and the culprit."

[Illustration: Truly Yours, S. Andrews]

Sherlock J. Andrews.

Judge Andrews was born November, 1801, in the quiet New England village of Wallingford, Connecticut. His father was a prominent physician at that place, where he spent a long and useful life in the practice of his profession. He lived to a good old age, a Christian gentleman of the old school.

Although Wallingford is but a short day's travel from Yale, even under the old System of horse and shay, or horse and saddle, young Andrews was sent out of New England to Union College, at Schenectady, New York, where he graduated about the year 1821.

Soon after this time the elder Silliman was at Wallingford, and being in need of an assistant in Chemistry and a private secretary, he offered the position to Mr. Andrews, which was accepted. It seems to have been mutually a happy relation. In his diary, Prof. Silliman says, "he was a young man of a vigorous and active mind, energetic and quick in his decisions and movements, with a warm heart and a genial temper, of the best moral and social habits, a quiet and skillful penman, an agreeable inmate of my family, in which we made him quite at home. We found we had acquired an interesting and valuable friend as well as a good professional assistant. It is true he had, when he came, no experience in practical Chemistry. He had everything to learn, but learned rapidly, as he had real industry and love of knowledge. Before the end of the first term he proved that we had made a happy choice. He continued about four years serving with ability, and the zeal of an affectionate son, without whom I could scarce have retained my place in the College." During this experience in the field of sciences, Mr. Andrews had pursued the study of the law at the Law School of New Haven, with the same ardor, and in 1825, removed to Cleveland, and established himself as an attorney.

In 1828, he married Miss Ursula Allen, of Litchfield, Connecticut, daughter of the late John Allen, a member of Congress from that State, who was also the father of Hon. John W. Allen, of this city. The late Samuel Cowles had preceded Mr. Andrews here in the profession and offered him a partnership. Their competitors were the late Governor Wood and Judge John W. Willey, who were partners, and Judge Starkweather, who still survives. Considering the limited business of the place, which scarcely numbered five hundred inhabitants, the profession was evidently overstocked then, as it has been ever since. Briefless lawyers had, however, a wide field to cultivate outside this county, embracing at least all the counties of the Reserve; with horse and saddle-bags, they followed the Court in its travels, judges and attorneys splashing through the mud on terms of democratic equality.

Judge Andrews gave immediate promise of celebrity as an advocate. With a sensitive and nervous temperament, he entered sympathetically into the case of his client, making it his own. He possessed a brilliant readiness of manner, full of skillful thrusts, hits, and witticisms. His correct New England morals were not deteriorated by contact with the more loose codes of a new western town. In his clear and earnest voice there was that magnetic influence, which is necessary to complete the style of any orator, and which is a gift solely of nature. As a technical pleader, though he stood high, there were others upon the circuit equally gifted. But in a cause where his convictions of justice and of legal right were fixed, there was not among his contemporaries, in the courts of this State, an advocate, whose efforts were so nearly irresistible before a jury. He has command of sarcasm and invective, without coarseness. He attacks oppression, meanness and fraud as if they were offences not only against the public, but against himself. He has never strayed from the profession to engage in any speculations or occupations to divert his thoughts from pure law, except for two years from 1840, while he held a seat in Congress. In 1848, the Legislature elected him judge of the Superior Court of Cuyahoga county, a place he continued to hold till the Court was abolished. As a judge he was eminently successful, his decisions having been overruled by higher courts only in a single instance, and that owing to a clerical mistake. In politics he was evidently not at home. After leaving the bench, Judge Andrews returned to the practice, but has been chiefly employed as associate counsel, occasionally addressing juries on important cases.

As an advocate, Judge Andrews, during his whole professional career, has been in the very foremost rank, with a reputation confined neither to county, or even State lines. Distinguished for clear conceptions of legal principles, and their varied relations to practical life, he has also shown rare ability in judging of mixed questions of law and fact. His legal opinions, therefore, have ever been held in the highest esteem.

But as jury lawyer, Judge Andrews has achieved successes so remarkable as to have secured a permanent place in the traditions of the bar, and the history of judicial proceedings in Northern Ohio. The older lawyers have vivid recollections of a multitude of cases when he was in full practice, and in his prime, in which his ready insight into character--his power to sift testimony and bring into clear relief the lines of truth involved in complicated causes--his ability to state the legal principles so that the jury could intelligently apply them to the facts--his humor--his pure wit--his pathos, at times bringing unfeigned tears to the eyes of both judge and jurors--his burning scorn of fraud--and his appeal on behalf of what he believed to be right, so impetuous with enthusiasm, so condensed and incisive in expression, and so felicitous in illustration, as to be well nigh irresistible.