Niagara Falls with Maid of the Mist

CIVIL WAR VOLUNTEERS FROM ENGLAND

 Pa 96th Regiment. Co D Great Great Grandfather John Mort from Ashland PA.  "The nucleus of this regiment was the

NATIONAL LIGHT INFANTRY OF POTTSVILLE which was the FIRST military company to offer its services to the govern-

ment on the outbreak of the rebellion.  .  ."  History of Schuykill County Pa by WW Munsell + Co. pp 138-39.  The

Seven Days Battle commenced the 26th of June "in the course of which it[96th] made a bold and brilliant charge, which

probably saved a portion of the army from disaster."  Antietam and Fredrickburg and Gettysburg followed but

Mort was hospitalized in Alexandria and walked home, was discharged, died, and his widow and three children

received a pension.   Mary Ann remarried a GK Davis.  

Brothers of John who immigrated about 1842 from Manchester UK were George b about 1818, Adam b about 1816 and

Lot b about 1830.  Adam also served Union in Civil War.  George owned Mort Hotel in Ashland.  Parents of the four

brothers unknown.

Children of John Mort and Mary Ann McMillen were George Washington Mort b 1856 d 12/12/1930 buried Youngstown,

John Mort and Frances Mort. Geo. W. Mort family lived mostly in East Liverpool area but Geo lived in Youngstown and

was a cement contractor and builder of sidewalks at his death.  George married Margaret Davis [parents unknown]

 a Welshman's daughter

and had these children:  George Washington Mort b 1878 died 1947;  Comet b 1880;  Earl Edward b 1892 d 1971;  Bryan

b 1894;  Maggie Mae; Nora; Clara (buried near her father at Lake Park)  to be completed.  John and Frances (Fanny)

families lived near East Palestine.

Re:  Family attitudes in pre Civil War era

I.     Home of Alexander Campbell, Disciples of Christ,  at Bethany College, Bethany WVa was a stop on underground RR.

II.    Amos Flaugher my great great grandfather was Recorder of Mahoning County in 1848 and filed

      Deeds of emancipation of Virginia slaves. 

III.   Stuart home near Jesse Hall's home Chestnut Ridge Road area was a stop on RR.

IV.  Hall had extra buildings which remain unexplained except for farming and church.

V .   Business partner Chauncey Andrews named as Operator on Underground Railroad by The Underground Railroad From Slavery to Freedom

             by Wilbur Henry Siebert p. 425.  Chauncey a hotel operator, became a mining and railroad magnate.

Lawrence J.D.  Mort

LET US REMEMBER SHOOTING OF SCHOOL CHILDREN IN BUS ON
BROOKLYN BRIDGE "MERELY BECAUSE THEY WERE JEWISH."

http://en.wikipedia.org/wiki/Brooklyn_Bridge_shooting

Hubbard Christian Church Jesse Hall active in originally known as "Mount Hope."  Story of Disciple Origins, vol 2,  p 130, by Agnes Monroe Smith (1974).

Great Great Great Grandfather Jesse Hall 1810-1891 (married Hannah Jane Sheline)  with a $45000 investment developed Hallville (Grove CityPa) coal mines. This was known as Grove Coal Co mine and was worked by over 100 men as late as 1907. Also Enterprise mines near Grove City. He originally leased coal lands in Hubbard Ohio area to Andrews & Hitchcock prior to Civil War which gave him over $750,000 income.  Then he was a silent partner in Hubbard Rolling Mill 1873 with two of his sons David and Jesse A. Hall (1853-1894). (my great great grandfather who was married to Mary Ida Flaugher daughter of AP Flaugher, former recorder of Mahoning County).According to Youngstown Vindicator obituary Jesse Hall bailed out stockholders in James Ward Niles mines during the panic of 1873, which lasted in cash shortages to 1879. Hall's father named

Jesse 1763-1843(married to Christiana Roof 1760-1861 in New Jersey) [my great great great great grandfather] was in service in Revolutionary War under

George Washington and received lands for his

 service.  These lands became a basis of his son's

 wealth. Laura's genealogy says his parents were William Hall and Elizabeth

Johnson.

From Hayden, Early History of the Disciples in the Western Reserve. p. 272

Jesse Hall, for more than fifteen years, had been a member of the Baptist church in Sharon, Pa., and though living about six miles distant he was a regular attendant. He was a man of unblemished character, of broad sense, zealous, and given to hospitality. Such a man could scarcely fail to gather Christian people around him. In the year 1820 a church, of the same name and order, was formed at his residence in Hubbard, in which himself, A. K. Cramer, Archibald Price, James Price, Walter Clark and Silas Burnett, with their families, were prominent members. Jesse Hall was, by far, the most influential man in this organization, and as deacon, he was the leader, councillor and chief manager. For a considerable time it was the "church in his house." He was just the man to welcome the "Christian Baptist;" and though he was very firm in purpose, the floods of light poured upon the world

by that work revealed by his penetrating mind. . .Jesse Hall, Jr [later Jesse Hall Sr ] joined the Church two years.

later (p. 274).

    For good detail on Abandoned Coal Mines in Youngstown, Hubbard, and Mercer Co. PA area please see website of Professor Ann

Harris, YSU Dept of Geological and Environmental Sciences.  These

indicate Hall property mined in Hubbard/Coalburgh later than I had thought:

eg 1870 Mahoning Coal Co #2 opened and 400 Tons daily mined at Coalburgh 1873-83.  ALso Mahoning Coal #1 yielded 400 to 500 Tons daily opened 1870 closed 1883.  This also treats Hallville mine and Enterprise

mine run by David Morris for Grove Coal Co a Jesse Hall dba.

Halls seem to have made a symbol of Three O'clock, which was the time

of Jesse's death on 3/3/1891.  http://www.ysu.edu/mines/township_results.php?state=Ohio&link=Trumbull&township=Hubbard&sort=name

After 3 Jesse Halls I am descended from Great Grandmother Carrie Hall {Mincher} [Renstrom] 1876-1966 and James Parks Mincher;  Grandma Beatrice Barbara Mincher Mort 1898-1967 & Earl Edward Mort

1892-1971;  Dad, Earl James Mort 1926-2012 / Donna Grafton Mort {Kelly}1926-____.

Dad was salutatorian of North Lima High School 1944 and Grandma Bea

was valedictorian of Orangeville High School in Trumbull County. Dad was

in National Collegiate Honor Societies for having nearly straight A's through

his Junior year at Bowling Green, following Miami at Oxford and Dartmouth

College. He later coached at North Lima and Stuthers Ohio in 1947-53 period and coached women's tennis and men's boxing at University of Arizona in 1970's. Dad's first love was flying, he was in training in Navy when WW Two ended. He buzzed our house at Diehl Lake at low altitude. Significantly I always feared Dad would not return

safely from his many beloved plane rides in Bonanza, and he died on a

commercial flight from Florida to Arizona May 2, 2012 after visiting Bahamas and Disney World with his wife Barbara, and while doing

a cross word puzzle.

Grandma Bea obituary.  I went to summer church school at Midway Mennonite Church near our home.

Mahoning Dispatch Dec 1, 1967: Mrs. Beatrice Mort 69 East Lewistown died

Sun afternoon in Salem City Hospital following a short illness.  Mrs Mort and her husband, Earl, operated a grocery store in East Lewistown for many years.

     Mrs. Mort was born April 15, 1898 in Struthers, a daughter of James and

Carrie Hall Mincher and moved to East Lewistown 38 years ago.  Besides her husband, to whom she was married November 28, 1918 she leaves a son Earl James Mort of Tucson Arizona, two sisters Mrs. Marie Mulhall of Poland and Miss Hazel Mincher of Warren PA;  a brother George H. Mincher of New Middletown and 7 grandchildren.

     Funeral services conducted by the Rev. Ernest Martin, pastor of Midway Mennonite Church, were held Tuesday afternoon at the Seederly-Beilhart Funeral Home, North Lima, and interment made in the Corner House Church cemetary near Hubbard.

I finished

34th out of 269 at Salpointe High School in Tucson after starting high school

at Columbiana High in Columbiana Ohio. In 1970 I scored in 95th percentile

of all those sitting for LSAT Law school admission test. Won Vindicator Spelling Bee 1st Second 3rd Grades, Ellsworth Elementary School.
Studied piano with Rose Howard of Canfield.

My children are attending  grade school in  New York.  They play the violin. Three adult children are school counsellor in suburban High School {1granddaughter!!}, interior designer in Boston, and teacher and nurse in Western Florida {two granddaughters about 14 and 15!!}

Grove City information:

http://www.grovecityhistoricalsociety.org/History%20of%20Grove%20City/index.html

my email  lawrencemort3@aol.com

 from Youngstown Weekly Telegram, forerunner of Vindicator March 11, 1891 page 3:

All that was mortal

of the late Jesse Hall was consigned to its last resting place in the Disciple church

cemetary yesterday.  The funeral services were held at the church, conducted by the

Rev. Mr. Ross of Sharon, former pastor of the deceased.  Upon the casket lay a hand

some floral pillow bearing the inscription "My husband."  The pall bearers were

Stephen Doughton, Lorenzo Dilley, AE Shook, AW McKelvey, Charles Hammond and

Edward Hames.  .  .  A[ndrew] W. Johnson returned home from Iowa last Saturday

evening to attend the funeral of the late Jesse Hall.

Johnson known nationally for his competence in picking horses. Annual Report, Issue 61By Ohio State Board of Agriculture, 2006, p.26:

The appointments of expert judges for the coming exhibitions in the several departments of the state fair were reported as follows:

HORSES.

Starter J. H. Ruhlman, Youngstown, Ohio.

Speed Judges—D. L. Sampson, Cincinnati, Ohio; John Lindsey, Middleport,

Ohio; A. J. Clark, Cambridge, Ohio.
Timers—Charles Conrade, E. G. Gurney, E. W. Swisher.

Draft Judges—A. W. Johnson, Hubbard, Ohio; C. Bordwell, Batavia, Ohio;

John Lindsey, Middleport, Ohio.
Imported Draft Judges—William Bell, Wooster, Ohio; Noah Rood, Sparta,

Ohio; Prof. R. M. Hamer, Lafayette, Ind.
Judges for Roadsters—D. L. Sampson, Cincinnati, Ohio; S. M. Pense.
Judge for Ponies—A. J. Clark, Cambridge, Ohio.

*Jesse Hall Jr 1810-1891 [from Youngstown Vindicator page one March 4, 1891: Death of Jesse Hall Sr. A Well Known Business Man Passes Away. Jesse Hall Sr a respected citizen of Hubbard died yesterday afternoon at 3 oclock. His death was not unexpected as he has been sick for several weeks. He was 81 years of age + was born + raised + always lived in Hubbard township. Through the finding of coal on his lands he became very wealthy and it is said Andrews & Hitchcock paid him $750,000 on coal leases. He was one of original stockholders in Hubbard Iron Co which through the failure of James Ward during panic of 1873 was driven to the wall. Mr Hall took the mill property and assumed all indebtedness, other members of the firm having lost their entire investment. For a number of years he operated{with his sons David & Jesse}the mill but never made a financial success of it. He sold the plant to the present company several years ago for the consideration of $17000 and it is estimated he lost at least $125000 thru the mill venture. He has at present about 1700 Acres of choice farming land in Trumbull County and is also owner of valuable land in Grove City PA. His wealth is variously estimated but will probably not amount to over $75,000. His Wife + following children survive him: Jesse Hall Jr --see Vindicator obituary below}, David Hall, William Hall, Mrs Louis Burnett,Mrs. Aaron Hibler + Mrs Theodore Miller of Hubbard Township, Mrs I.D. Price{ID Price was Union officer in Civil War and a farmer} of Windham, Mrs. Newton Oliver of Vienna + Mrs Thomas Thomas of Erie PA. The funeral arrangements: Sunday at 2 o'clock] (source of foregoing Youngstown Vindicator archives in Youngstown Public library 3/4/1891

Hannah Jane Hall descended from Michael Sheline b. Pa 1750 spouse unknown. Son David married Jane Foulks 1795. Jane Foulks died 1813. Their children: Nancy b 1802. Samuel b 1805. Hannah b 8/12/1812 in Carroll County, Ohio. David Jr. b 7/4/1813. Hannah's mother died young and she came to live with Long.

family in Hubbard.  Hannah's father married three times;  Jane Foulks was second wife.

A Standard History of Williams County Ohio vol 2 by Charles A Bowersox

Eli R. Sheline.—Possessing shrewd business sense and being able to put into his enterprises the full force of well-directed efforts, Eli R. Sheline, now living retired at Edon, has been one of the men who has raised the standards of production in manufacturing in this region, and still maintains a prestige in his community because of the interest he always manifests in civic affairs.

Born in Carroll County, Ohio, December 4, 1848, Eli R. Sheline was but six years old when he was brought to Williams County by his parents, Andrew and Ann Sheline, so that he has spent practically his whole life in this section of the state, and here all of his interests center.

Andrew Sheline was born in Washington County, Pennsylvania, April 20, 1819, and his wife was born in Carroll County, Ohio, in 1823. Coming to Carroll County, Ohio, when a young man, Andrew Sheline was there married, and was employed in building several grist mills in that county as he was a carpenter and millwright. In 1855 he came to Williams County, and built the first grist mill at Edon, operating it and developing the plant to considerable proportions during the war between the states. Both he and his wife spent the remainder of their lives at Edon, and became very prominent as members of the Christian Church there, in which he was a class leader and elder. He was one of the founders of the church, and continued to be one of the ve"ry liberal contributors to it until his death. In politics he was a republican. His interests were not confined to his mill, but he owned stock in a number of enterprises at different times and was exceedingly successful in all that he undertook. The children born to him and his wife were as follows: Benjamin F., Edwin K., Eli R., Mary, Louisa, Jennie, Harriette A. and Samantha, who are living, the second child, Martha E., is deceased.

Eli R. Sheline attended the public schools of Florence Township until he was fifteen years old when he entered Hiram College, and then attended school at Bryan, Ohio, but although prepared for the profes

Vol. II—3

sion, he never taught school, but began working for his father in the mill. In 1866 Andrew Sheline erected a woolen mill, and later Eli R. Sheline bought an interest in it, and eventually took all of the stock, becoming the sole owner in 1882, and conducted it until it was destroyed by fire, at which time, due to the shock and anxiety, his health failed, and since then he has lived in practical retirement.

On February 25, 1875, Mr. Sheline was married to Rebecca J. Eyster, who was born in Fulton County, Ohio, but was married at Edon, Ohio. Mr. and Mrs. Sheline became the parents of four children, namely: Cordelia and Arthur E., who are both deceased; Holland L., who is foreman of one of the factories at Edon; and Orville, who died at the age of two years. Both Mr. Sheline and his wife are members of the Christian Church. Like his father Mr. Sheline is a republican. He, too, has been very successful, and in addition to other property, owns 116 acres of land adjoining the lower end of Edon.  

**************************************************

from A History of NW Ohio vol 1 pp 623-27 by Nevin Otto Winter:

When Andrew Sheline came, he erected a small steam saw-mill. A Mr. Huber conducted the first mercantile business in the settlement. In the '60s Mr. Sheline and

  Predecessor Web Sites for Hall Family

             http://hallflaugher.angelfire.com

                &

            http://www.angelfire.com/hiphop/mort

from Journal of the House of Representatives of the United States being the 2d Session of the 45 th Congress, 12/13/1877, Congressional Edition, vol 1792 p 64 BY MR GARFIELD "memorials of.......Jesse Hall & Son, manufacturers of iron at Hubbard Ohio employing 70 workmen..." The start of the session has the speaker of the House requesting a single piece of currency be legitimatized for payment of debt. {Garfield a Disciple who was later President of USA}

David Tod the grandson of David Tod Gov of Ohio was a delegate to Republican convention nominating Garfield.  Jesse H. Hall drove for

David Tod.  Jesse H. Hall was brother of Grandma Carrie.  Tod was founder of Southern Park race track and the chairman of Protective

League during World War One.

****************************************

According to the census of 1880, there were in the Mahoning Valley at that time the following rolling mills, producing principally bar iron, made in many different kinds and sizes, with a number of other products, among which were nails and spikes. A number of these had blast furnaces, the output of which is evidently included in these figures:

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

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

 

 

 

I. Sixth Amendment. US Constitution

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

II. NY Right to Counsel seen by many as broader than Federal right

Article I, Section 6 of the New York Constitution provides in pertinent part, "In any trial in any court whatever the party accused shall be allowed to appear and defendant in person and with counsel." This constitutional mandate "extends well beyond the right to counsel afforded by the Sixth Amendment of the United States Constitution and other State Constitutions." People v. Davis, 75 N.Y.2d 517, 521 (1990).

"[T]he right to assistance of counsel is an essential ingredient in our system of criminal jurisprudence, rooted deeply in our concept of a fair trial within the adversarial context." People v. Felder, 47 N.Y.2d 287, 295-296 (1979). Thus, in absence of waiver by the defendant, effective assistance of counsel requires the presence of a licensed attorney-at law. Id. at 293.

In Felder, the court held that representation by a person masquerading as an attorney constituted a per se violation of his constitutional right to assistance of counsel. from ibj.com.

III. A. My performance reviewed by Judge Weinstein EDNY and Second Circuit Court of Appeals. https://bulk.resource.org/courts.gov/c/F3/252/252.F3d.191.99-2170.99-3507.1998.html. See https://bulk.resource.org/courts.gov/c/F3/116/116.F3d.62.15.95-2416.html. Cotto granted new trial http://ny.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19980116_0000015.ENY.htm/qx. Summarizing counsel

issue raised v me: failure to cross examine damaging witness was not ineffective assistance of trial counsel.

B. My performance during burglary trial found to be in violation of client's rights. I had given the trial assistant DA a batch of letters written to me by client many

of which were not opened. DA cross examined client about crimes he confessed to in letters, such as chronic dope dealing. New trial granted,

defendant pled guilty and took case up to NY Court of Appeals, which did not address the counsel issue. Judge Robert Louis Cohen wrote an

opinion published in NY Law Journal and is probably in Misc 2d.

IV. A. Release Order for Tyrone Miles issued Nov 28. http://www.ca9.uscourts.gov/opinions/view.php?pk_id=0000012626

The 9th Circuit in Sept 2012 had issued an opinion which remanded a habeas proceeding on behalf of Miles to the district

court for development of counsel issues at an evidentiary hearing. The court discussed Strickland v Washington as the

current standard for deciding ineffective assistance of counsel claims. Basic facts were that Miles was a vet who had

served 3 tours in middle east; he became addicted to meth early 90's and twice helped cohorts during robberies; in this

case he wrote a bad check for $474. Miles' attorney apparently advised him not to accept a 6 to life plea bargain as a

prior felon, since allegedly attorney did not know Miles had two prior felonies. Final sentence for vet was 25 to life until he

was released this week.

B. A recent case of mine FOR ILLUSTRATION. 52 year old man in a left turn lane is speaking to his 87 year old father

on a cell phone in NY state rural area. Policeman stops him for "probable cause" of using cell phone while operating a motor

vehicle. Later he is given a field DWI test, fails. Taken to police station, he blows a .22. The plea bargaining goes like

this: even though your client has no arrest record in his life, adult or juvenile, and even though your client has been

a marine or naval defense contractor for many years, we will not reduce the charges to DWAI, driving while ability

impaired [ over .08] which is not a crime. The only bargaining is whether client will take a misdemeanor plea

or go to trial at which he could conceivably receive a year in jail if convicted. Anyone who has rendered military

or civilian service to his country is probably experiencing PTSD and should as a consequence be offered a violation

plea, not a crime, when he / she has never been arrested before. THIS HAS BEEN THE DWI POLICY IN CITY OF
NY. Philosophically though, I am going further: the courts may determine that my plea bargain was ineffective

assistance of counsel since the only benefit was saving the efforts of a trial and avoiding jail which would

have RARELY been ordered after a trial of a man with no record. I may add that speaking on cell phone IS NOT

probable cause to stop a driver in Arizona and other jurisdictions. This would be a malum prohibitum [determined

wrong by statute] not a malum in se [inherently wrong] offense v the public. Cheers! So is driving while

intoxicated itself when no one has been harmed. MADD would chant, together, "he could have killed an innocent."

V. The Law is composed of Constitutional rights, statutory provisions passed by state legislatures or Congress, and the

development of the law through cases [law applied to facts of case] known as the Common Law which we inherited from England.

Due to high level of activity large states eg NY and California may have much greater development of common law. Also the

NY Court of Appeals is known to be more cerebral and scholarly than most Courts.

VI. Teresa Norris wrote these:

Ineffective Assistance of Counsel Pre Wiggins

http://www.capdefnet.org/hat/contents/constitutional_issues/ineffective_assist/ineffective_assistance_of_counsel.htm

Ineffective Assisance of Counsel Post Wiggins

http://www.capdefnet.org/hat/contents/constitutional_issues/ineffective_assist/IAC%20Post-Wiggins%208-26-12.pdf

Wiggins v Smith United States Supreme Court

http://www.law.cornell.edu/supct/html/02-311.ZS.html

VII. In the last week or two the US Supreme Court had an advocate before the bench who referred to deceased Chief Justice William

Renquist as "Justice Renquist" and in addition referred to former Justice Tom Clark as "Chief Justice Clark." Both of these were

mistakes. See Adam Liptak, NY Times, re unfocused attorney appearing before US Supreme Court.

VIII. Development of right to counsel by Findlaw http://caselaw.lp.findlaw.com/data/constitution/amendment06/10.html

IX. Description of Martinez v Ryan USSC 4/2012 by Jurist http://jurist.org/paperchase/2012/03/supreme-court-rules-on-ineffective-assistance-of-counsel-claim.php

*****

646 F.2d 1146

Daniel Duane GILBERT, Petitioner-Appellee,

v.

Dewey SOWDERS, Superintendent, Kentucky State Penitentiary,

Respondent- Appellant.

No. 79-3597.

United States Court of Appeals,

Sixth Circuit.

Argued April 4, 1980.

Decided April 2, 1981.

C. David Clauss, and Gerald Henry, Asst. Attys. Gen., Frankfort, Ky., for respondent-appellant.

David E. Murrell, Public Advocate, Kevin Michael McNally, Asst. Public Advocate, Frankfort, Ky. (Court-appointed), for petitioner-appellee.

Before EDWARDS, Chief Judge, and ENGEL and JONES, Circuit Judges.

PER CURIAM.

1

In this case Warden Sowders appeals from a District Judge's decision granting defendant Gilbert's petition for writ of habeas corpus after the District Court determined that he had been denied his constitutional right to effective assistance of counsel during the appeal of his Kentucky conviction for kidnapping.

2

This proceeding arises from a situation where retained counsel violated a highly technical procedural rule which resulted in Gilbert's case being dismissed.

3

Counsel had performed every requirement of the Kentucky appellate rules, except one. He had petitioned for an extension of 60 days for filing the record on appeal while there was time for the extension to be granted. The rules allowed such a 60-day extension. Actually, the extension had been granted by the order, but had not been entered by the clerk of court. Gilbert's counsel's1 technical violation was that he failed to insure that the order was timely entered as is required by the Kentucky case law.

4

Kentucky has, of course, a right to enforce its own rules of procedure, including the unusual requirement that the lawyer see to it that the clerk performs his public obligation.

5

We cannot, however, avoid the conclusion that the failure of the Kentucky Supreme Court to grant appellant's counsel's motions for reconsideration of the dismissal of the appeal was arbitrary and capricious, and an abuse of due process of law, as protected by the United States Constitution. By these motions the Supreme Court had been fully advised as to the obviously sincere attempt to perfect an appeal and the miniscule nature of the defect. Appellant had been sentenced to sentences totaling 105 years. Kentucky's Constitution grants such a person a direct appeal to the Supreme Court of Kentucky. Ky.Const. § 110(2)(b).

6

The judgment of the District Court granting the writ is affirmed.

7

NATHANIEL R. JONES, Circuit Judge, concurring.

8

I concur in the judgment that Kentucky's incarceration of Daniel Duane Gilbert violates the United States Constitution. I write separately because I believe that the majority misconceives the issue presented by this case.

I.

9

Gilbert was convicted of attempted kidnapping, wanton endangerment in the first degree, two counts of first-degree robbery, kidnapping, and first-degree rape. On December 2, 1976, he was sentenced to 105 years imprisonment. A notice of appeal was filed on December 10, 1976. Gilbert, an indigent, was appealing in forma pauperis with the volunteer assistance of trial counsel.

10

Kentucky's rules of procedure require that the record on appeal be filed within sixty days of the filing of the notice of appeal, unless the trial court by order extends the time an additional sixty days.1 Though the clerk of the trial court and the court reporter actually prepare the transcript of record and of evidence2, respectively, Gilbert's appellate counsel has the responsibility to file the record.3 When it became obvious that the trial court clerk could not prepare and transmit the record to the appellate court by February 8, 1977, Gilbert's appellate counsel filed a motion and order for an extension. This motion for an extension of time was filed on February 4, 1977, before the expiration of the initial sixty-day period as required by Rule CR 73.08. However, the order of the trial court granting the extension of time for filing the record on appeal was not timely docketed, even though lodged by counsel with the clerk.4 On February 22, 1977, the trial court entered a nunc pro tunc order extending the deadline for filing the record. The record was filed on March 21, 1977.

11

On April 19, 1977, the state moved for dismissal of Gilbert's appeal because the trial court's order extending the filing deadline was void. Thus, the state argued that the record on appeal was untimely filed. The Kentucky Supreme Court dismissed Gilbert's appeal on May 18, 1977. A motion to reconsider was denied.

12

Gilbert filed a motion in the trial court to reinstate his appeal. On February 2, 1978, his motion was granted. Gilbert refiled his notice of appeal and both sides thoroughly briefed the case. Again, the Kentucky Supreme Court dismissed the appeal and Gilbert's motion for reconsideration was denied.

13

Thereafter, Gilbert filed a petition for writ of habeas corpus in the Western District of Kentucky. He alleged that his appellate counsel's failure to comply with Kentucky's rules of appellate procedure, causing the dismissal of his appeal, violated his right to effective assistance of counsel. The district court granted the writ. Kentucky appeals.

II.

14

Gilbert's appellate counsel's motion for an extension of time was timely filed. However, by February 8, 1977, the last day on which to receive an extension, an order granting such had not been docketed. Under Kentucky law, a court's order is effective only after it has been signed by the judge and noted in the docket by the clerk. Commonwealth of Kentucky v. Greer Brothers and Young, 548 S.W.2d 167 (Ky.App.1977); Murrell v. City of Hurstbourne Acres, 401 S.W.2d 60 (Ky.1966). Thus, appellate counsel's failure to ensure that the clerk performed his duty to docket the order granting the extension resulted in the dismissal of Gilbert's appeal. Gilbert's appeal was dismissed pursuant to Kentucky's rules of procedure.

15

The majority's opinion holds that "Kentucky has a right to enforce its own procedural rules." However, the majority's opinion also holds that it is "arbitrary and capricious" for the Kentucky Supreme Court to deny Gilbert's motion for reconsideration. In my view, the denial of Gilbert's motion to reconsider is "arbitrary and capricious" only if it "did not have a real and substantial relation to the ends sought to be attained." Isaac v. Engle, 646 F.2d 1129 (6th Cir. 1980) (en banc) (Jones, concurring). If, as stated by the majority, "Kentucky has a right to enforce its own procedural rules," thereby dismissing Gilbert's appeal, then Kentucky also has a right to deny motions to reconsider the dismissal. The denial of the motion to reconsider makes final the dismissal. To label appellate counsel's failure to comply with Kentucky's rules of procedure as "miniscule" does not alter this conclusion. For these reasons, I would resolve this case as it was presented in the briefs and at oral argument.

III.

16

It is well settled that Gilbert, an indigent, cannot be denied assistance of counsel on an appeal of right. Ross v. Moffitt, 417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974); Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1962). Thus, the questions to be decided are: (1) whether appellate counsel must render Gilbert effective assistance; and (2) whether counsel's failure to obtain an extension of time causing the dismissal of Gilbert's appeal is ineffective assistance of counsel.

17

A trial counsel's obligations are well established. The plain language of the Sixth Amendment requires that "(i)n all criminal prosecutions the accused shall enjoy the right to have assistance of counsel for his defence." This command of the Constitution has been interpreted to mean effective assistance of counsel. Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942). Effective assistance of counsel during criminal prosecutions is also "within the intendment of the due process of law clause" of the Fourteenth Amendment, Powell v. Alabama, 287 U.S. 45, 66, 53 S.Ct. 55, 63, 77 L.Ed. 158 (1932); Reece v. Georgia, 350 U.S. 85, 89-90, 76 S.Ct. 167, 170-171, 100 L.Ed. 77 (1955). The reasons trial counsel must render effective assistance are not difficult to fathom. As aptly stated by Justice Rehnquist:

18The purpose of the trial stage from the state's point of view is to convert a criminal defendant from a person presumed innocent to one found guilty beyond a reasonable doubt. To accomplish this purpose, the state employs a prosecuting attorney who presents evidence to the court, challenges any witnesses offered by the defendant, argues rulings of the court and makes direct arguments to the court and jury seeking to persuade them of the defendant's guilt.

19

Ross, 417 U.S. at 610, 94 S.Ct. at 2444. The assistance of counsel required under the Sixth Amendment is "counsel reasonably likely to render and rendering reasonably effective assistance," Beasley v. United States, 491 F.2d 687, 689 (6th Cir. 1974). If a trial attorney improperly exercises his discretion, the assistance of counsel rendered is constitutionally defective. Thus, an attorney must investigate all apparently substantial defenses, advise his client properly on clear points of law, and develop strategy and tactics which lawyers of ordinary training and skill consider competent. Id. See also, Michel v. Louisiana, 350 U.S. 91, 101 n. 7, 76 S.Ct. 158, 164, 100 L.Ed. 83 (1950). "Basic procedural errors are also considered in determining whether assistance of counsel has been constitutionally adequate." Beasley, 491 F.2d at 693. Most significantly, Beasley holds that trial counsel "must assert defenses in a proper and timely manner." Id. at 696 (emphasis added).

20

Both reason and precedent require that the right to effective counsel extend to appeals of right. Though "there are significant differences between the trial and appellate stages of a criminal proceeding," Ross, 417 U.S. at 610, 94 S.Ct. at 2444, appellate review has become an integral part of the system for finally adjudicating the guilt or innocence of a defendant. Griffin v. Illinois, 351 U.S. 12, 18, 76 S.Ct. 585, 590, 100 L.Ed. 891 (1956). In an appeal of right, the critical issue is "whether there has been a correct adjudication of guilt in every case." Ross, 417 U.S. at 615, 94 S.Ct. at 2446. Effective appellate counsel is necessary if appellate courts are to perform their assigned function. Therefore, the Beasley standard that counsel render reasonably effective assistance is applicable on appeals of right. Benoit v. Wingo, 423 F.2d 880, 883 (6th Cir. 1970); See also, Anders v. California, 386 U.S. 738, 745, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). To hold otherwise would undermine the well-recognized purpose to granting, albeit gratuitously, an appeal of right.

21

It is well settled in this Circuit that trial counsel's failure to perfect an appeal is a denial of due process. Boyd v. Cowan, 519 F.2d 182 (6th Cir. 1975); Woodall v. Neil, 444 F.2d 92 (6th Cir. 1971). Similarly, appellate counsel's failure to perform procedural duties necessary to prosecute an appeal is a denial of due process. See, Benoit, supra. Thus, appellate counsel's failure to obtain an extension of time to file a record on appeal denied Gilbert due process of law. Such a ruling will not have an unduly burdensome effect on the administration of state appellate courts. Private as well as professional disciplinary procedures are effective tools to police repetitive attorney misconduct. Nor does such a ruling provide appellants any incentive to encourage less than full compliance with procedural rules to perfect appeals. The writ of habeas corpus is granted only if the state appellate court decides not to hear the appeal.

22

The harmless error rule is not applicable where a denial of effective assistance of counsel is found. Beasley, 491 F.2d at 696. Compare, McKeldin v. Rose, 631 F.2d 458, No. 80-1198 (6th Cir. October 8, 1980) (per curiam). Consequently, the merits of Gilbert's state appeal of right need not be examined.

23

For the above stated reasons I concur in the judgment AFFIRMING the district court.

1 Gilbert's counsel at this juncture was the attorney who had been retained for his trial and who undertook the Kentucky Supreme Court appeal without compensation. His counsel on this federal appeal is Kentucky's public defender

1 "Rule CR 73.08 Filing Record on Appeal

The record on appeal as provided for in Rules 75 and 76 shall be filed with the appellate court within 60 days after the date of filing the notice of appeal except that when more than one appeal is taken from the same judgment the trial court may prescribe the time for filing, which in no event shall be less than 60 days after the date of filing the first notice of appeal. In all cases the trial court in its discretion and with or without motion or notice may extend the time for filing the record on appeal, if its order for extension is made before the expiration of the period for filing as originally prescribed or as extended by a previous order, but the trial court shall not extend the time to a day more than 120 days after the date of filing the first notice of appeal. The appellate court in its discretion may upon proper motion and a showing of good cause extend the time for filing the record on appeal if the motion for extension is made before the expiration of the period for filing as originally prescribed or as extended by a previous order." (Effective July 1, 1976.)

2 "Rule 75.07 Record to be Prepared and Transmitted by Clerk

(1) The clerk of the trial court shall prepare and certify the entire record on file in his office, other than depositions not read in evidence, in accordance with the requirements of RAP 1.110 to 1.120. Such original record shall include the designations or stipulations of the parties as to evidence and proceedings stenographically reported and any statement by the appellant of the points on which he intends to rely. A certified copy of the civil docket assigned to the action may be provided in lieu of the original.

(2) The transcript or parts thereof filed as provided in Rule 75.02 shall be certified by the clerk as a part of the record on appeal.

(3) An original exhibit, when designated, shall be certified by the clerk as part of the record on appeal, but physical exhibits other than documents shall not be transmitted to the appellate court unless requested on its own motion or on the motion of any party.

(4) The matter certified under the provisions of subsections (1), (2) and (3) of this Rule shall constitute the record on appeal and shall be transmitted by the clerk to the appellate court. It is the responsibility of the appellant to cause the record to be filed within the time specified."

3 "Rule 1.070 Perfecting Appeals

(a) To perfect an appeal the appellant shall:

(1) Cause the record on appeal to be filed."

(Effective July 1, 1976.)

4 In Gilbert's appellate brief it is stated that counsel may have failed to have the order granting the extension signed by the Jefferson Circuit Court judge. However, the district court stated that Gilbert's counsel failed to ensure that the order was properly docketed by the clerk of courts. In my view, either fact denies Gilbert of his right of effective assistance of counsel

 

ARIZONA WILDCATS BEST TEAM IN USA:  Lost in final seconds 2013 to Ohio State which sunk a 3 pointer breaking 70-70 tie. Sweet 16. (Arizona 3 out of 5 years).   Quiz would Derrick Williams have helped this great team?   Great teamwork!!

l

                        

http://en.wikipedia.org/wiki/Padilla_v._Kentucky. discussion of Padilla which held criminal defendants with immigration exposures were

entitled to competent immigration legal counsel before accepting guilty plea which would / may result in deportation.

http://www.law.cornell.edu/supct/html/08-651.ZS.html. Padilla v Kentucky

http://www.supremecourt.gov/opinions/11pdf/10-209.pdf. Lafler v Cooper decided 2012.

http://www.law.cornell.edu/supremecourt/text/10-444. Missouri v Frye decided 2012.

beautiful pictures:

Buy your home from Montgomery Ward 1934

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

from Engineering and Mining Journal Volume 37, page 137 1884

 

 

 

 

 

 

 

BITUMINOUS. . .

 

 

 

Mr. Jesse Hall, of Hubbard. Ohio, bas purchased 35O acres of fine coal property nud opened up a fine work which will be operated as the Hubbard Mining and Manufacturing Company. A fine slope opening 500 feet in length has been made into the coal, which averages five feet in bight. A large tipple and good steam-power for mining the coal have been erected. Every thing is about ready for beginning operations on an extensive scale as soon as tbe weather will permit the laying of the track on the branch already graded to the mine from the Shenango & Alleghany road. The Lake Shore road is also grading a branch from Stoneboro', over into this district, giving these new works two outlets for their coal.[speaks next of 3000 foot opening].

 

 ---------------------------

Charles Stuart's home in North part of Hubbard TWP. first stop on underground RR.

The Mysteries of Ohio's Underground Railroads

By Wilbur Henry Siebert

page 365. 

COUNSEL BASICS

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0287_0045_ZS.html. Powell v Alabama

Counsel Basics

COUNSEL BASICS

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0372_0335_ZS.html. Gideon v Wainwright.

http://supreme.justia.com/cases/federal/us/378/478/case.html. Escobedo v Illinois.

http://supreme.justia.com/cases/federal/us/377/201/case.html Massiah.

http://supreme.justia.com/cases/federal/us/357/433/case.html Crooker v California

New York Court of Appeals

http://caselaw.findlaw.com/ny-court-of-appeals/1556490.html People v Lopez

Mort Cases

See or Google: Larry Mort personal injury law blog OR Larry Mort family law blog

http://personal-injury.lawyers.com/blogs/archives/6429-Hospital-Reports-Conflict.-One-says-two-gunshots-in-chest,-Other-says-one-gunshot-in-chest..html

http://research.lawyers.com/blogs/authors/1658-Larry-Mort/ various blogs via Martindale

Misc blog

New Blog: http://streetlaw.angelfire.com. Fourth Amendment and street crime.

http://research.lawyers.com/blogs/archives/6925-Feme-Covert-114-PA-634-Pennsylvania-Supreme-Court.html

Notes 50 years ago this week my brave five year old brother Paul was buried at Hall Family cemetary after a Mass of the Angels.

Father Witt told us that a child necessarily went to heaven, and that gave us some acceptance. 12/16/2012

 

http://www.linkedin.com/pub/larry-mort/50/95a/173

People v Ralph Walker, 104 AD 2d759, 480 NYS 2d 484 (First Dept 1984). This case was not styled as an ineffective assistance

of defense counsel case. But the trial attorney refused to participate in the trial when defendant

absconded after the case was assigned to a trial part. The court held that Walker was not properly

warned that the trial would continue in his absence. Case reversed. Appellate attorney: Lawrence J.D. Mort

http://www.law.cornell.edu/nyctap/I95_0309.htm Giordano cites Mort case of People v Moore 46 NY 2d 1 [venue, con law] in top line.  People v Sterling Moore, 46 NY 2d 1, 385 NE 2d 535 decided Nov 30, 1978.  Error not to submit 

question of fact of venue of alleged rape to jury when allegation was it happened in Queens County Prospect Park and

trial occurred in Brooklyn.

Double Jeopardy A1 Felony Drug Sale Case Tossed after DA Lost buy tape.  Peo. v. Ernest Marks, NY Supreme Court, NY County.   ny.findacase.com/research/wfrmDocViewer. aspx/xqlfac.19850214_0041243.NY.htm/qx

Application of Mort, 560 NE2d 204, 53 Ohio St 3d 260, cert denied Mort v Ohio Board of Commissioners on Character + Fitness, 111 SCt 795, 498 US 1072, 112 LEd 2d 857.  Mort did not prove his moral fitness to practice law in Ohio because he offered no proof that he was fit to practice law other
than the record of his employment in law firms, his practice as a trial attorney in NY City and other counties in NY, his recent employment in
technical real estate leasing in Youngstown. Other experiences ignored by Ohio Supreme Court:

 

Sample Trials and Cases



CHAPTER ONE

DWI MANSLAUGTER CASE. Retained

My client John Doe was booked for DWI with a car load of teenagers present and where several small bottles of Miller beer were found at the scene of an accident.

Killed in the accident were an elderly female stockbroker and permenantly maimed was

another elderly woman. Defendant was a young male with a real estate license in the

State of New York who aspired to become an appraiser. The jury of 12 in Riverhead NY was all men, elderly and attentive. The verdict was Not Guilty of DWI and Manslaughter 1 and 2 and Guilty of driving while impaired and criminally negligent homicide and speeding. Sentence was Eight weekends in Suffolk County jail and

a period of probation. The Judge later signed the Certificate of Relief from Civil Disabilities so Doe (fictitious) could resume his business.

Trial defense lawyer was Larry Mort (Lawrence J D Mort). Prosecutor William Maloney. Judge Vaughn. Suffolk County.



CHAPTER TWO

CRIMINAL POSSESSION OF WEAPON CASE. Assigned



Gun under Covers of Bed When Arrested



& # 160; Alias Donald Duckling. Armed with a warrant to arrest Duckling for


Murder, police entered the apartment where he was staying and found Duckling in


a bed with a rifle under the covers. Charged with criminal possession of a weapon


Duckling asserted his innocence and went to trial in Bronx County, Hon. John Byrne.



In their usual manner of handling firearms, the People waved the


gun around in front of the jury. Defense counsel was almost afraid to handle the


weapon [cavalierly]. It turned out that the apartment was not Duckling's and the


bed was not his bed, so somehow we were able to present a reasonable doubt


that the gun was Ducklings. First jury hung, ie, undecided unanimously. Second


trial brought a new assistant district attorney, and the result was acquittal. Not


guilty. Trial Lawyer Lawrence Mort Bronx County.



This is why a seasoned attorney can believe in miracles. They do happen.



CHAPTER THREE

ROBBERY IN FIRST DEGREE CASE. Assigned



My client wheelman in robbery of illegal horse betting parlor. He had a shotgun next to him as

he waited in the car. Accomplice entered parlor and returned to car with money.

Jury acquitted client and convicted accomplice. Trial attorney Lawrence JD Mort. Judge John P. Collins. Bronx County.



CHAPTER FOUR

HOPELESS CHILD CUSTODY WON MONROE CO. Rochester Family Court. Retained



Grandmother of three young boys whose son killed daughter in law wins custody dispute

after children removed from home county by other relatives of deceased mother. Judge Kohut.



CHAPTER FIVE

HOMICIDE SMALL VICTORY Retained/Pro Bono



Insanity defense rejected by jury yet TRIAL JUSTICE Lawrence Tonetti sentenced

my client Hop Cassidy to only Twenty years to Life for his second homicide.



CHAPTER SIX

Double Homicide Kings County Brooklyn NY. Retained



Murder of pharmacist and customer, trial in 1983.

Lawrence Mort attorney for Robert Rodriguez.

Bruce Maffeo Assistant District Attorney.

Co counsel Kenneth E. Bruce & Theodore T. Jones.

Trial Justice Edward Pincus. [last three deceased]

Detective Scarcella now retired was the lead

detective in this matter in which more than 7

statements were taken from young people

associated with case/defendants. Now in

Rabbi case a man has been released after

serving 20 years based on a Scarcella

confession. Robert has served 31 years.

He was not the shooter.



CHAPTER SEVEN

Petit Larceny. Retained. Manhattan Criminal Court. Retained.



Client accused in New York County of steeling money from floor of store near where a

woman waited in line to make purchase. A discrepancy/ glitch in the bills occurred

when they were apparently lost during police custody. Bills submitted into evidence

were totally new, ironed, beautiful, which conflicted with complainant's testimony.

Acquittal in non-jury trial by Judge Murray Mogel, former head of Federal

Criminal Division of Legal Aid Society.





CHAPTER EIGHT



Contempt. Retained.



DeNiro was charged with a FELONY, giving evasive testimony to Bronx County Grand Jury

regarding a Numbers King Pin. After some minor skirmishes and waiting, we obtained

a BULLET and a plea of guilty to MISDEMEANOR. A bullet is a one year term which

after good time in the old days was Eight Months. This was a miracle result.

I believe I may have conviced someone there is no reasonable difference

between felony contempt and misdemeanor contempt of Grand Jury.

Counsel for Attorney General NY State was Toby Thatcher.



CHAPTER NINE



Rape. Criminal Court. Abuse of Child. Family Court. Kings County. Retained



Father of Six acquitted after trial before Judge Kreindler in

Brooklyn of raping his daughter. In Family Court although

a finding was entered against Father, all other children

returned to Parents. In Foster care, the child was

impregnated by son of Foster mother.



CHAPTER TEN



ASSAULT QUEENS COUNTY. Retained



Two assault cases tried to the Court in Queens resulted in acquittal.\



CHAPTER ELEVEN



Judge Enten Bronx County, former First Assistant District Attorney,

acquitted a young woman Mort defended at trial. The Judge

told Mort he did a very good job as Defense Counsel.





Chapter TWELVE. Retained.



Gentleman accused of Homicide of his wife, who was chronic

alcohol abuser retained Mort. DA of Manhattan requested to

instruct grand jury woman was a daily falling down drunk in

apartment. Result NO BILL. (No Charges Stuck).

 

 

 Dr Gerald Grumet submitted a summary opinion that Mort had probable undifferentiated schizophrenia
due to depression and auditory hallucinations in 1987.  Grumet in 1988 could make no prognosis as to Mort's prospects.  Yet the Ohio Supreme
Court denied admission to Ohio Bar without examination.  According to Don Hanni, no one ever admitted to Bar of Mahoning County without
examination. 

The Doctor/psychiatrist appointed to examine Ernesto Miranda, according to Brief for Petitioner Miranda, stated, .  .  .  I would classify him as a 

SCHIZOPHRENIC reaction, chronic, undifferentiated type. Brief submitted by Lewis Roca Scoville Beauchamp + Linton by John P. Frank and John Flynn.    One of my early mentors John F. Molloy wrote the Arizona Supreme Court opinion in 

Miranda 98 Arizona 18, 401 P 2d 721. 

Other Ohio cases        FIFTH AMENDMENT US CONSTITUTION

The defendant's claim that she was high on crack cocaine at the time she gave her statement did not render it inadmissible. State  v Santini (2001, Mahoning County) 144 Ohio App 3d 396, 760 NE 2d 442.

 Defendant's LOW INTELLIGENCE did not preclude understanding the MIRANDA warnings.  State v Clelland (1992, Hocking Co.) 83 Ohio App 3d 474, 615 NE 2d 276.

In absence of any police  misconduct directly resulting in defendant's incriminating statements, defendant's diminished mental apptitude, including his history of SCHIZOPHRENIA did not undercut voluntariness of statement or his waiver of Miranda rights;  officers mere knowledge of defendant's mental condition, standing alone, did not suggest that they resorted to psychological pressure or improper tactics to induce incriminating statements.  State v Knotts (1995 Mercer Co.) 1995 Ohio App LEXIS 2892.

letters written by defendant to his dog while incarcerated were found not to be relevant to a determination of defendant's sanity at the time of the 

offense.  State  v York (2003 Seneca Co) 154 Ohio App 2d 41, 420 NE 2d 131.

********************************************************************************************************************************* 

980 F 2d 736.                                  

MEMORANDUM**                                                                              

 *******

People v Pena. New York Court of Appeals.

50 NY 2d 400, 406 NE 2d 1347, rehearing denied,  cert denied.

cited at 81 ALR 3d 1006 which has some interesting cases where

no weapon was used or toy weapon used or a weapon discussed

during crime but never found.

Litigation /  Transactional 

 Obituary of Grandma Carrie's father

Obituary of Jesse A Hall Youngstown Vindicator 12/12/1894 p. 3: Our citizens yesterday morning were stunned to learn of the sudden death of Jesse A. Hall who lives near the West borough line [Hubbard}. He had been about town in his usual health last week but was taken suddenly very ill on Monday night, two physicians making an effort to save his life. He passed away about 8 o'clock yesterday morning. Jesse was the son of the late Jesse Hall and was about 40 years old. He leaves one daughter [ Carrie] verging into womanhood + a family of bright young boys. The funeral will take place from the house tomorrow at 12 AM. Interment will take place in the Hall private burial ground north of town adjoining the Disciple burying ground.

 Phone 330-398-2165

Family character:

Biographical History of Northeastern Ohio,p.332 says,"The progenitors of the Halls were sturdy, honorable and substantial citizens of German and French extraction, but emigrated from England to America." At his death Jesse Hall had 1000 Acres under cultivation and was recognized as the leading farmer of Hubbard township. Good luck was his fortune, he was a self made man who started in life with nothing and limited educational advantages"

 Biographical History of Northeastern Ohio (Ashtabula, Trumbull and Mahoning Counties) The Lewis Publishing Co. Chicago (1893) discusses Hall Family at pp 331-333:

        Jesse Hall, deceased, formerly a resident of Hubbard township, Trumbull County, was a son of Jesse and Christianna (Roof) Hall, natives of New

Jersey.  The parents came to Hubbard township when it was but sparsely settled, and the farm on which they located about 90 years ago is still

owned by the family.  The progenitors of the Halls were sturdy, honorable and substantial citizens of German and French extraction, but emigrated from England to America.  Jesse Hall, Jr., possessed the sterling qualities of his ancestors to a marked degree, and his good qualities far outnumbered his faults.  While actively engaged in business he was connected with gigantic enterprises, and assumed large obligations, but while many of them were very important, no man was allowed to suffer an iota of loss.  He was literally a self-made man, having started in life with comparatively nothing, and with but limited educational advantages, but good luck was his fortune.  At times his wealth approximated $500,000.  At his death

he was the owner of about 1,500 acres of land, 1,000 acres of which was under cultivation, and he was recognized as the leading farmer of

Hubbard township.  Mr. Hall was also the owner of a coal mine in Grove City, Pennsylvania, which he opened at a cost of about $40,000 and it has been

operated by Evan J. Morris.  It now yields about 700 tons daily.

       In 1829 he was married to Hannah J. Sheline, a native of Carroll County, Ohio, and a daughter of David and Jane (Foulks) Sheline.  Her mother died when she was quite young, and she afterward made her home with William Long, with whom she came to Trumbull County.  Mr. Hall departed this

life March 3, 1891, and to his memory has been reared a beautiful monument, commensurate with the esteem in which he was universally held.  He was an active member of the Christian Church.  Mr. and Mrs. Hall had nine children, viz.:  Caroline, wife of Aaron Hibler of Hubbard township;  Miriam, wife of Lewis Burnett, also of the township;  David, the next in order of birth;  Christian, wife of Newton Oliver, of Vienna, Ohio; Nancy, wife of I.D.Price, a farmer of Braceville, Trumbull county;  William of Hubbard township;  Clara, widow of Theodore Miller;  Harriet, wife of T.A. Thomas, of Erie, Pennsylvania;  and Jesse A. of Hubbard.

       David Hall was born on the farm where he now resides, in Hubbard township, February 26, 1829.  In 1861 he married and took charge of his place, and continued to farm exclusively until 1870, when he became a silent partner and superintendent of the Hubbard Rolling Mill, then known as the Hall Iron Company.  Since 1878 he has given his entire attention to agricultural pursuits.  Mr. Hall was married in 1861, to Margaret Waldorf, a native of Ohio, and a daughter of Henry and Elizabeth(Jones) Waldorf, natives of New Jersey and Ohio respectively.  Mr. and Mrs. Hall have one child, Emma J., now the wife of A.W. Johnson, of Hubbard.  Both Mr. and Mrs. Hall are members of the Christian Church.

       William Hall was born in Hubbard, December 21, 1844, and remained with his parents until 1868.  In that year he married and located on his present farm, where his grandfather had settled in about 1793.  In 1880 he moved to his present home.  Mr. Hall married Jennie Dunkerly, a native of

Mercer county, Pennsylvania, but afterward came to Trumbull county, Ohio, with her parents.  She is a daughter of James and Alice (Whiteaker) Dunkerly, natives of England.  They came to America in about 1847.  Mr. and Mrs. Hall have had four children:  Denver J. , deceased;  Alice, wife of

Albert M. Albright, of Coalburgh, Ohio;  and Eva and Jesse at home.  The family are members of the Christian Church.

       Jesse A. Hall was born in Hubbard township, October 3, 1851, and remained at home until 1876, when he moved to his present home in Hubbard.  He was married in that year, March 15, to Mary I. Flaugher, a daughter of Amos P. and Rebecca (Krons) Flaugher.  Mr. and Mrs. Hall have six children: Carrie B., Arthur G., Blanchard B., Jesse H., Mary M., and Hazel H.

       Mr. Hall affiliates with the Republican party.

 From Ancestry.com

The Pittsburg, Shenango and Lake Erie Railroad had its inception in the charter of the Bear Creek Railroad Company, March 20, 1865. This name was changed by legislative act April 9, 1867, to the Shenango and Allegheny, which it bore until February 11, 1888, when a re-organization occurred and the present name was adopted. The road was originally intended as a coal feeder to the Atlantic and Great Western, and was finished from Shenango to Pardoe in October, 1869. In July, 1872, it was completed to Harrisville, and in January, 1876, to Hilliard, in Washington township, Butler county. Several branches were built in 1880, 1882 and 1883, tapping the coal fields in Butler and Mercer counties.

In February, 1882, the Connoquenessing Valley Railroad Company was chartered to construct a road from Butler northward to the Shenango and Alle- [p. 202] gheny railroad. J. T. BLAIR, superintendent of the latter road, subscribed for $100,000 stock, Thomas P. FOWLER, $100,000, A. H. STEEL, $100,000 in his own name and $193,000 as agent. In August the contract for building the branch from a point within a mile of Coaltown junction to Butler, was awarded to W. W. REED, of Erie. This link in the Shenango railroad connecting it with Butler, was completed August 9, 1883. Though thirty laborers struck that day, a new force of men was pushed into the field and the work finished before six o'clock the same evening. On August 27, and excursion train from Greenville arrived over the new road, which was, that day, dedicated to travel and traffic. Among the features of the celebration was the granting of the borough's freedom to the 900 visitors, the picnic in the grove and public games.

               First Car   1947 Studebaker  eg  

               2.  1950 Olds

 4.  1953 Ford wagon