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Cuyahoga County, Ohio

Robert F. Paine

born 1810, Madison county · documented in 2 county histories

The original biography

In the books' own words, not ours, with obvious scanning errors fixed. The later printing (1881) is folded below the first. Families often supplied these stories to the publisher, so check key dates.

Born 1810, Madison county

From History of Cuyahoga County, Ohio .. (1879), History of Cuyahoga County, Ohio ... : with portraits and biographical sketches of its prominent men and pioneers (1881)

As printed in 1879

KOBERT F. PAINE.

[This passage is too damaged in the scanned book to reproduce. See the original book.]

In March, 1815, Solomon Paine left his native town and removed with his family to Nelson, Portage county, Ohio. His entire property consisted of two horses and a wagon, and such goods as he was able to store in the latter after furnishing room for a wife and four children. After five weeks weary journeying they arrived at Nelson, where the family remained until after the death of Mr. Paine, which occurred in

Robert F. Paine"s opportunities for obtaining an education were very few. He had to travel a mile and a half daily to the log school-house, and after he was nine years old was obliged to work on the farm during all but the winter montJis. At the death of his father, which occurred when he was eighteen years of age, he took charge of the family and continued to provide for them by his labor until the children were alle to care for themselves.

In 1837 young Paine determined to become a lawyer, and, without an instructor and with but few hooks, he entered upon a course of hard study. Without a single previous recitation, he was examined at the September term of the supreme court.

sitting at Ravenna, in 1839, and was admitted to practice. In the fall of the same year he was elected justice of the peace, and served a term of three years. Immediately after his admission to the bar he opened an office in Garrettsville for the practice of his profession.

In 1844 Mr. Paine was elected to the Ohio legislature, and the following year was renominated but declined; his declination being followed by his election as prosecuting attorney of Portage county and his removal to Ravenna. At the expiration of his term of two years he removed to Cleveland, and on the ist of May, 1848, opened a law office in that city. In 1849 he was appointed clerk of the court of common pleas, which position he held until the adoption of the new constitution in 1852, when he returned to his legal practice. In 1800 he was chosen a delegate to the Republican national convention at Chicago, which nominated Abraham Lincoln for president, and took an active part in its proceedings. He was appointed United States district attorney for the northern district of Ohio, in April, 1861, and held that position four years.

In 1809 Mr. Paine was elected judge of the court of common pleas of Cuyahoga county, which office he retained until May, 1874. During his term he disposed of an unusual number of civil and criminal cases. Some eight or ten cases of homicide (five of which resulted in conviction of murder in the first degree) were tried before him. Among them was the noted trial* of Dr. J. Galentine, convicted of manslaughter. The defense of emotional insanity had been ineffectually set up, and in his charge to the jury the judge dealt in an original and able manner with that class of defenses. The following letter was written to him on that occasion by General Garfield:

"Washington, D. C, February 0, 1871. "Dear Jud(ji: — Allow me to congratulate you on your splendid charge to the jury at the close of the Galentine case. The whole country owes you a debt of gratitude for brushing away the wicked absurdity which has lately been palmed off on the country as law, on the subject of insanity. If the thing had gone much further all that a man would need to secure immunity from murder would be to tear his hair and rave a little, and then kill his man. I hope you will print your opinion in pamphlet form and send it iiroadcast to all the judges of the laud.

"Very truly yours,

"J. A. Gakfield."

[This passage is too damaged in the scanned book to reproduce. See the original book.]

lie is a self-made man of no ordinary kind, having under the most di.advantageous circumstances, and without help of any kind, worked himself up from ]iiivcrty and obscurity to distinction on the bench and at the bar.

[This passage is too damaged in the scanned book to reproduce. See the original book.]

As printed in History of Cuyahoga County, Ohio .. (1879). See the original pages. Wording is the original; obvious scanning errors have been corrected, and a few may remain.

The 1881 biography (1389 words)

KOBERT F. PAINE.

[This passage is too damaged in the scanned book to reproduce. See the original book.]

Robert F. Paine's opportunities for obtaining an education were very few. He had to ti-avel a mile and a half daily to the log school-house, and after he was nine years old was obliged to work on the farm during all but the winter montlis. At the death of his father, which occurred when he was eighteen years of age, he took charge of the family and continued to provide for them by his labor until the children were able to care for themselves.

In 1837 young Paine determined to become a lawyer, and, without an instructor and with but few books, he entered upon a course of hard study. Without a single previous recitation, he was examined at the September term of the supreme court.

sitting at Ravenna, in 1839, and was admitted to practice. In the fall of the same year he was elected justice of the peace, and served a term of three years. Immediately after his admission to the bar he opened an ottice in Garrettsville for the practice of his profession.

In 184-1 Mr. Paine was elected to the Ohio legislature, and the following year was renominated but declined; his declination being followed by his election as prosecuting attorney of Portage county and his removal to Ravenna. At the expiration of his term of two years he removed to Cleveland, and on the ist of May, 1848, opened a law otiice in that city. In 184',t he was appointed clerk of the court of common pleas, which position he held until the adoption of the new constitution in 1852, when he returned to his legal practice. In 1860 he was chosen a delegate to the Republican national convention at Chicago, which nominated Abraham Lincoln for president, and took an active part in its proceedings. He was appointed United States district attorney for the northern district of Ohio, in April, isdl, and held that position four years.

In 18(50 ilr. Paine was elected judge of the court of common pleas of Cuyahoga county, which office he retained until May, 1874. During his term he disposed of an unusual number of civil and criminal cases. Some eight or ten cases of homicide (five of which resulted in conviction of murder in the first degree) were tried before him. Among them was the noted trial of Dr. J. Galentine, convicted of manslaughter. The defense of emotional insanity had l)een ineffectually set up, and in his charge to the jury the judge dealt in an original and able manner with that class of defenses. The following letter was written to him on that occasion by General Garfield:

"Washinoton, D. C, February 6, 1871. 'Hoar Judge: — Allow me to congratulate you on your splendid charge to the jury at the close of the Galentine case. The whole cmintry owes you a debt of gratitude for brushing away the wicked absurdity which has lately been palmed off on the country as law, on the subject of insanity. If the thing had gone much further all that a man would need to secure immunity from murder would be to tear his hair and rave a little, and then kill his man. I hope you will print your opinion in pamphlet form and send it broadcast to all the judges of the land.

"Very ti-uly yours,

'"J. A. Garfield.'"

We also quote extracts from the New York Tribune. embodying the best opinions of the country. After giving a brief synopsis of the case it says:

[This passage is too damaged in the scanned book to reproduce. See the original book.]

He is a self-made man of no ordinary kind, having under the most disadvantageous circumstances, and without help of any kind, worked himself up from poverty and obscui-ity to distinction on the bench and at the bar.

Judge Paine has been married three times — first in August, 1846, to Miss Miranda Hazen, of Garrettsville, who died at Cleveland in August, 1848, leaving an infant daughter; second, in 185.3, to Mrs. H. Cornelia Harris, who died in ISTO, leaving three sons; third, in May. 187".i, to Mi.ss Delia Humphrey, of Summit county, Ohio.

As printed in History of Cuyahoga County, Ohio ... : with portraits and biographical sketches of its prominent men and pioneers (1881). See the original pages. Wording is the original; obvious scanning errors have been corrected, and a few may remain.

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