McDonald - Joseph Ewing
JOSEPH E. McDONALD was born in Butler County, Ohio, on the 29th of August 1819. Joseph was seven years of age when, in 1826, his parents located in Montgomery County, then an almost unbroken forest. He remained on the place until the age of twelve, excepting two years spent at Crawfordsville attending school. At an early age he conceived a strong love for the law, and when ten years old he had determined upon making that profession his life work. In his twelfth year the ambitious aspirant for future honors at the bar became an apprentice at the saddler's trade at Lafayette, Indiana. In that capacity he served five years and nine months, except three months spent in attending school. For fidelity to their interests his employers released him from the last three months of his apprenticeship, which time he spent in prosecuting his studies. Following the resolution made before going to learn a trade, he pursued his studies with vigor at such times as he could snatch from work or rest. During his apprenticeship he had access to the extensive and well-selected library of Dr. Israel T. Canby, who was then receiver of the public moneys of the land office at Crawfordsville, Indiana. This opportunity was well improved, and he was prepared on leaving there, in 1838, to enter upon advanced fields of knowledge. At the age of eighteen he entered Wabash College, at Crawfordsville, and began the study of the higher branches of learning with success, supporting himself mainly by plying his trade at such times as it was possible to do so. He continued his studies at college till the Spring of 1840, except for a short period in the Spring of 1839, when he acted with the engineer corps of the State of Indiana, who were then surveying the bed of the Wabash and Erie Canal. In 1840 he entered Asbury University, at Greencastle, Indiana, and remained six months, returning to Crawfordsville for the rest of the year, where he taught school one term.
In the Spring of 1841 he went to Williamsport, Indiana, accepting a position as clerk in the store of James McDonald, his brother, for one year. In the Spring of 1842 he began the study of law at Lafayette, Indiana, with Zebulon Beard. He was admitted to practice by the Supreme Court of Indiana in the Spring of 1843. He was nominated for the office of prosecuting attorney before he received his license to practice, and was elected to that position at the August election following. On the 25th of December 1844, he was married to Nancy Ruth Buell, at Williamsport, Indiana. The issue of this union was Ezekiel M., Malcolm A., Frank B., and Annie M. McDonald, afterwards Mrs. Caldwell, who died June 2d, 1877. He was re-elected prosecuting attorney over Robert Evans, a prominent lawyer and politician, in August 1845, serving in all a period of four years. In the Fall of 1847 he moved to Crawfordsville and entered on the practice of the law, where he lived until 1859. He was elected to the Thirty-first Congress from the old Eighth District in August 1849, and served one term. In 1856 he was elected Attorney-general of Indiana, being the first chosen to this office by the people, and was re-elected in 1858, serving in all four years. He was not a candidate for a third term. In the Spring of 1859 he removed to Indianapolis, forming a partnership with Addison L. Roach, ex-judge of the Supreme Court of Indiana. In 1868 E. M. McDonald became the law partner of his father, and the next year Addison L. Roach retired from the firm. E. M. McDonald died January 1st, 1873. Frank B. McDonald, his youngest son, has since become the law partner of Mr. McDonald. Senator McDonald's wife died September 7th, 1872. On the 15th of September 1874, he married Araminta W. Vance, of Crawfordsville, who died February 2d, 1875. He has been married for a third time. Mr. McDonald was elected to the United States Senate for six years, to succeed Daniel D. Pratt, and took his seat March 5th, 1875. Few men have enjoyed the uniform confidence of their fellow-citizens to the extent that he has.
Source: http://bioguide.congress.gov/scripts/biodisplay.pl?index=M000412
Source: Crawfordsville Weekly Argus News, June 27, 1891 p 1 c 2
Sunday night at 11:35 Hon. Joseph E. McConald died at his home in Indianapolis. He was born in Butler County, Ohio in 1819. A part of his boyhood and youth were spent in Crawfordsville and here he attended school and college. He had many warm friends in Montgomery County and his visits here used to be not infrequent. One of the last times that he was in Crawfordsville was six or seven years ago when he and Hon. Thomas A. Hendricks and other notables came ovr fro mIndianapolis as the guests of Redden B. Snyder and his wife. They were given a reception t the court house and were then driven out to Mr. Snyder's home on Black Creek where a big dinner was served. His last visit was during the trial of Pettit.
Source: Same as above, column 3
In 1843, Hon. Jos. E. McDaniel was a candidate for Prosecuting Attorney for the Judicial District then composed of the counties of Montgomery and Clinton. Ephraim Barner, who ran for representative of Clinton County at the same time, is the only survivors of all of the men whose names were on the ticket. - typed by kbz
Source: Same, page 2
"Yes, I have been associated with Senator McDonald in many a campaign," said Gen Manson in an interview. "Many a speec have I made with him. I remember in the Campaign of 1884 we made sevral speeches in Ohio. The state committee had us booked for two meetings at Wapakoneta, Auglaize County. When we arrived there we found a county fair in progress, but the democratic county committee had not been notified of the state committee appointment. They told us it would be no use to attempt to get up a meeting It was too late to advertise one, so we went to the fair. There I saw a fakir selling oil from a buggy to which a fine team was hitched. Wizard oil streamers decorated the buggy. I slipped away from Mr. McDonald and asked the Wizard oil man to announce our meeting. "Are you Gen. Manson," he inquired. "Well, I'll advertise your meeting if you'll advertise my oil." I agreed to his propisition and in an instant I appeared before the grand stand in the fakir's buggy and almost paralized Mr. McDonald when he discovered me and heard me address the crowd of men, women and children thus: "My friends, I do not appear before you today to sell this valuable rememdy, Wizard oil, which I have been acquainted with for the last 25 years," I said, "but I appear before you for another purpose, that is to announce to the people of Auglaize and Wapakoneta that the Hon. Joseph E. McDonald will address you this afternoon at the court house on the subject of politics. Ex-Senator McDonald's history is too well known to speak specially of him at this time. He has always been a square, substantial and intelligent democrat, and at 7 o'clock you will be addressed by a gentleman who formerly lived in your town when only two white men lived here, all the other inhabitants being the noble Shawnees. He has some reputation as a soldier and is known by his democratic friends a sthe "old War Horse of Democracy."
That was a great day for all three -- McDonald, the fakir and myself. Mr. McDOnald had a rousing meeting in the court yard in the afternoon and in the evening I spoke to a hall packed with democrats. The Wizard oil man sold out his entire stock. In the evening he proposed to advertise all our meetings if I would only repeat the speech I made at the fair grounds and give us one half the Wizard oil proceeds."
That was a great day for all three -- McDonald, the fakir and myself. Mr. McDOnald had a rousing meeting in the court yard in the afternoon and in the evening I spoke to a hall packed with democrats. The Wizard oil man sold out his entire stock. In the evening he proposed to advertise all our meetings if I would only repeat the speech I made at the fair grounds and give us one half the Wizard oil proceeds."
Source: Indianapolis Journal Mon Morning June 22, 1891 p 1
At 11:35 o’clock last night the Hon., Joseph E. McDonald at his residence, No 564 N. Meridian Street died after weeks of suffering from what was supposed to be cancer of the stomach. While he did not complain previous to his being confined to his room, friends observed the symptoms of bad health and growing physical weakness. During the worst phases of his sickness, as they began the early part of this month, his physician recognized that it was only a question of a week or two when death would come to end and the suffering of the distinguished lawyer. About the beginning of the past week this became a matter only of a few days and on Saturday only a few hours. During all this time inquiries from every part of the country came to the McDonald family as to the progress of his disease and none of them were without the most heartfelt expressions of sympathy.
During the last days of the past week Mr. McDonald’s strength rapidly decreased, but when a more bracing atmosphere followed he recovered, giving hope that his lease of life might be extended a week or more. His stomach for days refused food and then came a brief spell when a little nutriment was again administered by the mouth. But again came the time when he could no longer take nourishment and the nearness of his death was foretold on Saturday when he had paroxysms of vomiting. By night he recovered partially from the effects of these attacks and slept peacefully for hours when at midnight he told his wife and those about his bedside to retire as he would be with them in the morning. While hopeful they did not expect this and remained near him. Yesterday he began the day weaker than he was the evening before, the disease sapping his vitality little b y little. In the morning it was observed by his physician that but little more life was left to his distinguished patient and the worst symptom was noted in the failure to assimilate the little food that was given him by injection. As during the slow and painful process of disease, Mr. McDonald was conscious, brave and ready to die. Dr. Runnels, his physician, thought this condition might last many hours, but during the afternoon all treatment was abandoned and the family waited the end, measuring each hour with hearts sore with grief. At 3 o’clock in response to Mr. McDonald’s wish, the Rev. Dr. Haines of the First and the elders of the Second Presbyterian Church came to his bedside. There Dr. Haines administered the sacrament to him, Rev. Joseph A. Milburn, the pastor of the Second into the membership of which Mr. McDonald and his wife were received a few days ago, being absent from the city.
This was the last sad office preparatory to the end and Mr. McMcDonald in receiving the sacrament said with all the firmness he could command, “I desire to give public testimony of my unbounded faith in the saving power of Christ.” He then shook hands, saying, “I will receive no more visitors, “ with Dr. Haines and the elders, who were Messrs. John M. Butler, WS Hubbard, DW Coffin, John S. Spann, Gen. TA Morris and Judge Lewis C. Walker. In the room at the time were the immediate family of the ex-Senator, his niece, Miss Jessie McDonald of Washington City; his sister, Mrs. Marsh of Hamilton and her daughter, Mrs. Shepherd. After the sacrament, Dr. Runnels stepped to the bedside of his patient and asked, “Mr. McDonald do you contemplate the change with trepidation or fear?”
“Not in the least,” was the reply and the distinguished man resigned himself to wait until death should claim him.
His illness was of a most distressing and at times painful character but from first to last he bore it with great patience and as he neared the end with a fortitude that would have done credit to a stoic. His consideration for the comfort of others was of a marked character and impressed itself upon all who came near him while upon his bed of pain. Dr. OS Runnels, his physician, noticed this characteristic of his patient and the great will power which triumphed over weakness of body. “This disease,” said the Doctor, “From Mr. McDonald’s account must have begun fully three years ago as he has been conscious of a disturbed stomach for about that time. He has been under my care on and off for a year.”
When asked definitely to say what the disease was the Dr. hesitated. “There are two things to consider in Mr. McDonald’s sickness an ulcer or a cancer. His was a malignant affection of the stomach and most probably of a cancerous nature. Only a post-mortem can accurately determine whether it was a cancer or an ulcer and so far as the treatment was concerned it would make little difference. He was under the continuous advice all last winter in Washington of Dr. Gardner, a distinguished physician of the homeopathic school. Since his return, about the first of last April, he was altogether under my care and was confined to his residence since the first of June. He went out in a carriage and walked out a little since that time. He was confined to his bed since the 12th inst but not all the time for on the 14th he rose and shaved himself which certainly showed the indomitable will of the man for he was fighting for life against the greatest odds. Wed the 17th he began to fail rapidly and was no longer able to take any nourishment whatever by mouth being fed wholly by rectal injection. All the time he was in full possession of his faculties and fully advised of his condition. His will power has been something wonderful.”
After the communion service Dr. Runnels thought that it was possible Mr. McDonald might live 24 hours longer. Toward night however the hiccoughing that occurred during the day became continuous and very painful and opiates were given to afford relief. At 8 o’clock last night, Dr. Runnels again visited the bedside of his patient, who for the first time failed to greet him but when asked whether he would take some medicine, received a prompt and firm answer in the affirmative. From that time on the patient lay in a comatose condition. At 9 o’clock the irregular breathing, indicative of the end, began and continued so until death. Dr. Runnels returned again to his bedside at 10:30 and r3emained till all was over. He said it was simply a falling asleep in death without pain or struggle. As the breathing seemed about to cease the Dr. Watched the feeble pulse and his words, “It is over,” announced the dissolution of soul and body. There were present at the last moment Mrs. McDonald, Malcolm McDonald, his son, Mrs. Marsh and daughter, Mrs. Shepard, Miss Jessie McDonald, JB Caldwell, son-in-law of Jeffersonville and William D. Kerr of this city.
Other friends of the family who were waiting the end were quietly notified and several called to offer sympathy and all possible assistance. During the day Mr. McDonald had communicated certain desires as to the funeral arrangements, relating to his coffin and dress. These will be followed to the letter. The funeral has been set for 3 o’clock Wednesday afternoon.
Joseph Ewing McDonald was born in Butler County, Ohio Aug 29, 1819. He was the son of John McDonald, a native of Pennsylvania, of Scotch extraction and a farmer by occupation. He was a man of sterling worth, determined, industrious and self-sacrificing and died while his son Joseph was yet in his infancy, the boy thus having many burdens and responsibilities placed upon him. The mother, Eleanor Piatt McDonald had as her ancestors French Huguenots who located first in NJ and afterwards permanently in Ohio. Her reputation was that of a woman of superior order of intellect with an influence that made itself felt for good. Her ambition was to educate her children and make them worthy members of society. For their amusement and instruction she wrote many sketches and scraps of song by which it will be seen that for the early time and rude surroundings in which she lived she was a woman of unusual education and culture. Both she and her husband were earnest members of the United Presbyterian Church and the memory of this fact had doubtless much to do with the ex-Senator becoming a member of the Presbyterian church in the last days of his life. Several years after the death of John McDonald his widow was married to John Kerr in Fairfield township, Butler County, Ohio. The second husband was a native of Ireland, a frugal, industrious farmer and father of four sons and three daughters. He was a member of the Old School Presbyterian Church and moved with his family in the fall of 1826 to Montgomery County, Indiana where he entered land and cleared a farm in what was then an almost unbroken forest. At that time Joseph was about 7 years old. He remained on the farm until 12, excepting two years spent at Crawfordsville attending school. Mr. Kerr died in 1856 at the residence of Mr. McDonald in Crawfordsville.
Such spare time as Joseph McDonald could command from his labors on the farm was occupied in study. At an early age he conceived a strong love for the law and when only 10 years old had determined upon that profession. In his 12th year with thoughts of the law still in his head he was apprenticed to the saddler’s trade at Lafayette. Here he remained 5 years and nine months, three months of the time being spent in school, this having been give him from his apprenticeship by his employers because of his faithfulness. When 17 he was proficient in the common English branches. His favorite study was history and is retentive memory enabled him to retain and quote with readiness and accuracy through his whole life the facts he had acquire din his youth. During his apprenticeship he had access to the extensive and well-selected library of Dr. Israel T. Canby who was at that time receiver of the public moneys of the land office at Crawfordsville. At the age of 18 he entered Wabash college and began to study the higher branches with success, supporting himself by working at the saddler’s trade at spare moments. He continued his studies at college till the spring of 1840, except for a short period in the spring of 1839 when he acted with the engineer corps of the state then engaged in surveying the bed for the Wabash & Erie canal. In 1840 he entered Asbury Univ where he remained six months whence returned to Crawfordsville and taught school for a period of six months.
In the spring of 1841 he went to Williamsport Ind and clerked in the store of his brother, James McDonald for one year. In the spring of 1842, with Zebulon Beard of Lafayette one of the first lawyers of the State as his preceptor, he began the study of law and advanced rapidly in study, his quick and firm grasp of its principles being noted as remarkable. In 1843 he was admitted to practice upon examination by Judges Blackford, Dewey and Sullivan of the Supreme Court. He was nominated as a Democrat for the office of prosecuting attorney before he received his license to practice and was elected to that position over Robert Jones, a Whig who was a prominent member of the Lafayette bar. This was the first election of that class of officers by the people, they having formerly been chosen by the Legislature. On Dec 25, 1844 he was married to Nancy Ruth Buell at Williamsport, daughter of Dr. Buell, a prominent physician and surgeon of the day. The issue of this union was Ezekiel M; Malcolm A; Frank B. and Annie M. McDonald, all of whom except Malcolm, died after reaching their majority.
Mr. McDonald was reelected presenting attorney over Robert Evans, a prominent lawyer and politician in Aug 1845 serving in all a period of 4 years. In the fall of 1847 he removed to C’ville and continuing the practice of law lived there until 1859. He was elected the 31st Congress from what was the 8th district in 1849 and served one term. In 1856 he was elected Attorney General in Indiana being the first chosen to this office by the people and was reelected in 1858 making in all four years service in that position. In the spring of 1850 he removed to Indianapolis where he formed a law partnership with Addison L. Roache, ex-judge of the Supreme Court of Indiana. In 1864 Mr. McDonald was nominated for Governor by the Democratic State Convention and made a join canvass with Oliver p. Morton, the Republican nominee. At the election he received 6,000 more votes than the Democratic State ticket received in 1862 when the entire Democratic State ticket together with a majority in both branches of the General Assembly was elected. He was, however, defeated for the Republican were fully aroused and drew out their entire vote. Mr. Morton being elected by nearly 20,000 majority. In 1868 Mr. McDonald’s oldest son, Ezekiel came into the law firm as a partner and the next year Judge Roache retired. Ezekiel remained a partner with his father until his death, Jan 1, 1873. Mr. McDonald’s wife had died on the 17th of Sept preceding this event. On the 15th of Sept 1874 he married Arminta W. Vance of Crawfordsville who died Feb 2, 1875. Mr. McDonald’s last marriage took place in Washington in Jan 1881, the bride being Mrs. Josephine F. Bernard of this city, daughter of the late Joseph Farusworth of Madison, a cultured and refined lady. This marriage has been a most happy one, Mr. and Mrs. McDonald being in every way suited to each other.
In estimating Mr. McDonald as a lawyer while some are not disposed to allow him first place as an advocate, all his brethren of the bar cheerfully yield to him preeminence as a sound reasoner and earnestness that bore the stamp of honesty. It was while arguing a case in the federal court with the late Judge David Davis on the bend that the latter remarked: If what McDonald says is not the law it ought to be.” As a lawyer Mr. Mc’s industry never relaxed until the case in hand was finished. He was seemingly indefatigable. Every practitioner with whom he came in contact was impressed with his manner which was that of fellowship. He was always polite and gracious, especially so to the younger members of the bar. He was not what is termed a jury lawyer for the reason he was too honest to indulge in emotional and picturesque elocution even had he been capable of it. He reached a jury through his rare knowledge of human nature, his earnestness, his evident belief in his client’s cause and in his profound knowledge of the principles of jurisprudence. His clear and forceful expression gave enlightenment to the 12 honest men and true who sat in the box. An eminent lawyer has said of Mr. McDonald that no man in Indiana was so well-grounded and settled in the principles of law. This thorough legal education, coupled with his instinctively quick perception of right and wrong, made him perhaps the most formidable lawyer in the state. “He was never,” continued this authority, “very strong on the wrong side of a case but he was a tower of strength on the right side, no matter how much it might be involved in the intricacies of legal quirks and technicalities.” He could go into court and pick up a case about which he previously had known nothing and manage it with ability and success. No matter what the surprise might be in the case, Mr. McDonald always alighted upon his feet and was ready with his answer.
Speaking of his acquaintance with Mr. McDonald, Mr. John M. Butler, his law partner said he had known him well for 40 years. When in 1852, as a boy, I went to Wabash he was the leading member of the bar at Crawfordsville. That circuit was then composed of six or seven counties. During my college days I frequently attended the court at Crawfordsville to hear the great lawyers argue important cases. I remember to have heard Senator Voorhee’s first great law speech in the old courthouse at the place. I also hear Sentator Hannegan, RC Gregory and Zebulon Beard, all of whom were warm personal friends of Mr. McDonald. Although then ill-prepared to judge, I found tha tin a law case Mr. McDonald was the equal if not the superior of any of the men named. He read law with Zebulon Beard, who was perhaps unexcelled in Indiana at least for his profound knowledge of law and his ability to clearly present any legal question. That Mr. McDonald as his pupil fully equaled his preceptor, and in many points excelled him. I do not thin there can be any doubt. Immediately after my graduation in 1856 I became principal of the schools of Crawfordsville. In 1859 Mr. McDonald formed a law partnership in Indianapolis with Judge AL Roache but he continued his practice at Crawfordsville for a year or more. That partnership was dissolve din 1860 and thereupon Mr. McDonald and his son Ezekiel formed a partnership. I did not come to Indianapolis until Jan 1, 1871 at which time I became a member of the firm of McDonald, Butler & McDonald.
“From that day forward,” continued Mr. Butler, “Mr. McDonald and I have been on the closest terms of intimacy and personal confidence. Of this intimacy I can say with truth that for something over the 20 years we have been in business, not one word has been said, not one feeling has been indulged in by either with reference to the other, that either would wish to withdraw or qualify. Recently, since his illness began he wrote to me on this subject from Washington expressing profound gratitude that such had been the case, that there had been such perfect trust and confidence between us. These years of close intimacy have only deepend my love and respect for him, as a man superior in every possible regard. I have always considered him more as an elder brother than as a business partner. We have seemed to grow closer together by our continued business intercourse and social relationship.
Death has been busy in McDonald’s family during our partnership. His first and second wives, two sons, his only daughter and two daus-in-law have died during that period, leaving only one son of his family living. Although differing in politics, that diff has never in any degree caused any friction or feeling between us. While a strong partisan in the best sense of that word, he was tolerant of the views of others. While he was as firm as the everlasting hills in his convictions of right and wrong as to political policies and measures, he accorded to other men the right to hold and express convictions although they differed radically from his own. On every material question that arose during the troublous times of this country he was on the right side. I have always firmly believed that her personally saved the State of Indiana from dire results that would have ensued except for his determined opposition to members of his own party and his determination that the government of the US should be preserved. I shall never forget some interviews that took place during the war and long before I had any idea of ever being his business partner. He was a stanch supporter of the government and the Union during the war, which cannot be said of many of the members of the party to which he belonged.
During all his official life, Mr. Butler said, Gov. Morton was a warm, personal friend of Mr. McDonald. The last time I ever saw Gov Morton having been his personal counsel for several years was just before he was carried to the car to make his last trip West in behalf of the government. That forenoon I went to see him and he asked me to bring Mr. McDonald; that he would like to see us both together once more. We went together to see Gov. Morton at his house and had a friend and to me very affecting interview as I then regarded it as the last time I would ever see him alive, which proved to be the case though he came back and lived for some time after. From repeated statements of Gov Morton I know that he felt implicit trust and confidence in Joseph E. McDonald’s love for the Union and for his strong and superior ability to defend it in every possible way.
The first great case in which I remember to have heard Mr. McDonald was that of the State versus Sidney Owens in which he appeared for the defendant who was accused of murder by poison. This case attracted wide attention throughout the country. It was tried in McClellan Hall at Crawfordsville. In it Mr. McDonald very clearly showed himself king of the array of brilliant lawyers engaged. Since our connection as partner we have had many large cases, involving very great interests. In the great PA RR litigation we had one hearing at Newport, RI which occupied 10 days beside numerous other hearings in the same litigation here at Chicago and in NY. In that litigation we were opposed by the late Justice Matthews, Thomas a. Hendricks and other equally eminent counsel. Gov. Hoadly was with us and he and Mr. McDonald made the leading arguments on our side…
In the death of Mr. McDonald the bar of Indiana and the US Mr Butler further remarked, “loses one of its strongest and best equipped members. In purity of character and tiredness ? of true religious principle, I have never known a better man. In all our intercourse I have never heard him make use of language that would not be perfectly proper in a drawing room in the presence of ladies. I have never heard him make a slighting, bitter of uncalled for remark regarding any person. Of course it has been necessary at some times in court to speak plainly and even harshly with regard to persons and circumstances but he has always done it in as tender a manner as possible. I do not think there is today a lawyer living who has been engaged as opposing counsel to him who can say he harbors a single harsh feeling against him. So far as I know, he has not only the respect, but the love of his fellow members of the bar everywhere. In his official position as US Senator he went at once to the first position and retained it with increasing respect and regard from men of all political shades of belief. He had today the respect of all the leading men of the US, regardless of party affiliations. In a word, he will be remembered as a grand and noble specimen of American citizenship.