The Life, Public Services and Select Speeches of Rutherford B. Hayes | Page 7

Supreme Court of the State. The case was argued and determined in that court at the December term, 1858, and reported in 2 Ohio St. Reports. R. B. Hayes appeared for plaintiff in error, and George E. Pugh, attorney-general for the State. The earnest and determined advocate of Nancy Farrer carried his points, obtained a new trial, and greatly enhanced his professional reputation. The then official reporter of the Supreme Court of Ohio, who heard this argument, says: "It was a truly admirable effort, and the peroration was indescribably pathetic. But on this occasion, as on all others, Mr. Hayes was singularly modest." Although a new trial was granted, through the concurring opinions of Justices Corwin, Thurman, and Ranney, Nancy Farrer was never again tried. She was sent to a lunatic asylum.
Hayes next gained reputation through his connection with the notorious James Summons murder case. He was employed by the older counsel in the case to take notes of the testimony and record the rulings of the court. The trial occupying many days and many differences arising between counsel with respect to the rulings of the court, it was found that the accuracy of the notes of the junior attorney was in every instance confirmed by the court itself. When the time came for the final arguments to begin, the leading counsel asked each a day for each side. Judge Thurman, then presiding, on consultation with Judge Piatt, announced that the court could only give the leading counsel two hours each, but that they would allow Mr. Hayes one hour additional. Notwithstanding the court was assured that Mr. Hayes was not strictly employed in the case, Judges Thurman, Matthews, and Piatt insisted upon hearing him, and he was accordingly heard. His unpremeditated argument was clear, convincing, impassioned, and impressive. It was one of the best speeches of his life. The case went up to the Supreme Court with the junior as the leading counsel.
We now reach an event in the course of this narrative, which, controlling as is the influence it has upon all lives, has been immeasurably potent in its influence upon the life and fortunes of Governor Hayes.
On the 30th of December, 1852, he was married to Miss Lucy W. Webb, by Prof. L. D. McCabe, of the Ohio Wesleyan University. The marriage took place at No. 141 Sixth street, Cincinnati, the bride's home, in the presence of about forty friends. Lucy Ware Webb was the daughter of Dr. James Webb and Maria Cook Webb. Dr. Webb was a popular gentleman and successful practicing physician in Chillicothe, Ohio. In 1833, he died of cholera in Lexington, Kentucky, where he had gone to complete arrangements for sending to Liberia slaves set free by himself and his father. The grandfather of Mrs. Dr. Webb was Lieutenant-Colonel Cook, who in 1777 was serving in a regiment commanded by Colonel Andrew Ward, in the army of the Revolution. Both Governor and Mrs. Hayes are, therefore, descendants of soldiers of the Revolution, most worthily uniting in their lineage jointly the dawn of the second century with the dawn of the first. The six years following 1852 were years of full practice and exacting labors, in which disappointments were few and successes many. These were years in which solid foundations were laid for as solid a reputation as it was possible for the men among whom he moved to build up.
In January, 1854, he formed a law-partnership with R. M. Corwine and W. K. Rogers, under the firm name of Corwine, Hayes & Rogers. This proved a partnership of friendship as well as business, being in every way satisfactory and agreeable. Mr. Rogers is now the close companion of his old partner in these later and more eventful years. Mr. Corwine died a resident of Washington City, a year or two since.
In April, 1859, he was, without solicitation, chosen city solicitor by the city council of Cincinnati, to fill the vacancy caused by the death of Judge Hart, and on the 9th of that month entered upon the discharge of his official duties. His chief competitor for this office was Caleb B. Smith, since a member of Mr. Lincoln's cabinet. The vote in the city council on the first ballot was: Mr. Smith, 13; Mr. Disney, 12; Mr. Hayes, 3. On the seventh ballot, Mr. Hayes had 17; Mr. Ware, 12; and Mr. Disney, 3. On the thirteenth ballot, Mr. Hayes was declared elected, having received 18 votes to Mr. Ware's 14. His election was due to the vote of Mr. Toohey, a Democratic councilman of the Thirteenth Ward. The election of Hayes to his first office was most favorably received.
The Cincinnati Commercial, of December 9, 1858, said: "R. B. Hayes, Esq., one of the most honest and capable young lawyers of the city,