A history of Cleveland, Ohio, Volume I, Part 33

Author: Orth, Samuel Peter, 1873-1922; Clarke, S.J., publishing company
Publication date: 1910
Publisher: Chicago-Cleveland : The S.J. Clarke Publishing Co.
Number of Pages: 1262

USA > Ohio > Cuyahoga County > Cleveland > A history of Cleveland, Ohio, Volume I > Part 33

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The first execution in the county was the hanging of the Indian, O'Mic, in June, 1812, for the murder of two trappers, Bull and Gibbs, near Sandusky. Of his two accomplices, one, a mere boy, was allowed to go and the other shot himself as he was being arrested. The hanging of O'Mic caused a great deal of excitement at the time and the public square was filled with spectators. The details are given in Whittlesey's "Early History of Cleveland," page 347 .*

The constitution of 1851 provided that the state should be divided into nine Common Pleas districts, each district, excepting Hamilton county, which was made one district, to be subdivided into three "parts," each "part" to elect one judge, and court should be held in every county as the laws might pro- vide. The legislature was empowered to fix the jurisdiction of the court. For the first time the people elected their judges. Cuyahoga county was made the third subdivision of the fourth district and on the second Tuesday of October,

* The date given in Whittlesey's account is June 26. The court record gives June

24. See appendix "Annals Early Settlers Association," Volume 5, No. 5.

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1851, elected Samuel Starkweather and Harvey Foote, who began their court on the second Monday in February following. From time to time a congested docket has compelled the legislature to authorize an increasing number of judges, but the docket has not been cleared for many years.

SUPERIOR COURTS.

The first constitution provided for the Common Pleas and a Supreme court and gave authority to the legislature to create such other courts as they deemed wise. On November 15, 1838, the first additional court was established as the Superior court of Cincinnati, followed in 1847 by the Superior court of Cleve- land. It consisted of one judge elected by the people. His salary was one thousand dollars per year paid by the state. Its jurisdiction was concurrent with the Common Pleas court in all cases at common law and in chancery when the Common Pleas had original jurisdiction. Its proceedings were reviewable on appeal by the Supreme court. The court was abolished by the constitution of 1851. Only one judge sat upon its bench, Sherlock J. Andrews, who was so distinguished as a lawyer, so learned and equitable as a judge and so bril- liant as an advocate, that the four years of his judiciate and his subsequent pro- fessional career, are among the most cherished of the traditions of our bar.

During the decade from 1860 to 1870, two common pleas judges were as- signed to Cuyahoga county. With the tremendous revival of business following in the wake of the war, the court was swamped with business and to relieve the docket, the legislature, February 24, 1869, provided for an additional judge, and R. F. Paine was elected to the position.

In consonance with the wish of the members of the bar, the legislature on May 5, 1873, enacted a law, giving Cuyahoga county its second Superior court, known as the Superior Court of Cleveland. The additional Common Pleas judge- ship authorized four years before was abolished. The new court consisted of three judges elected for five years at four thousand, five hundred dollars per year. It had civil jurisdiction in the city of Cleveland only. The jurisdiction did not extend to any criminal cases, nor to divorce or alimony, nor to insolvency and appropriation matters, nor to appeals from the justices of the peace, police or probate courts.

At a special election in June, 1873, Seneca O. Griswold, James M. Jones and G. M. Barber, were elected judges. Their term of office was brief. In 1875, the court was abolished, its business transferred to the Common Pleas and four judges added to that court. During the twenty-four months that the Superior court was in session, July 2, 1873-July 1, 1875, two thousand, five hundred and five actions were brought, including as was to be expected, the most important litigation in the city, a record of efficiency that needs no commentary.

THE CIRCUIT COURT.

The state constitution creates the Circuit courts and defines their jurisdic- tion. It was not until April 14, 1884, however, that the necessary legislation was enacted to set the courts in motion, and in October of that year, the first

Augustus .I. Ricks

C. T. Sherman

H. V. Willson

Martin Welker

FEDERAL JUDGES WHO HAVE PRESIDED OVER THE FEDERAL COURTS IN CLEVELAND

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HISTORY OF CLEVELAND

circuit judges were elected, and on February 9, 1885, the first sitting began. Cuyahoga county, with Lucas, Ottawa, Sandusky, Erie, Huron, Lorain, Medina and Summit, constituted the sixth circuit under the first districting. March 21, 1887, the state was redistricted and this large district was subdivided, Cuya- hoga, Summit, Lorain and Medina, were made the eighth circuit. There are three judges in each district, elected for six years, and while the constitution gives them "like original jurisdiction with the Supreme court and such appellate jurisdiction as may be provided by law," the time of the court is occupied al- most entirely in hearing appeals. The first circuit judges in the old sixth dis- trict were C. C. Baldwin of Cleveland, William H. Upson of Akron, and George R. Haynes of Toledo. When the redistricting occurred, Hugh J. Caldwell of Cleveland, was elected in place of Judge Haynes. Since that time the following have been elected to the Circuit bench : John C. Hale, of Cleveland, 1893-1905; U. L. Marvin of Akron, 1895, to present; L. H. Winch of Cleveland, 1893, to present; Frederick A. Henry of Cleveland, 1905, to present.

THE PROBATE COURT.

The present Probate court was established by the constitution of 1851, and consists of one judge, elected for three years. The constitutional amend- ment of 1905 extended his term to four years. Under the first constitution the Common Pleas court had "jurisdiction of all probate and testamentary mat- ters." In 1852, F. W. Bingham was elected the first probate judge. Since 1855, only three judges have occupied this bench, a record unique in the history of Ohio courts and equaled in few places in the country. In 1855, Daniel R. Tilden was first elected and he served continuously until 1887, when, at the age of eighty-one, he retired and Henry C. White was named as his successor. Judge White served until his death January 15, 1905, when Governor Herrick appointed Alexander. Hadden, the present judge.

Judge Tilden occupied a conspicuous place in the life of our city, not only as a jurist of learning and an upright judge, but also as a citizen interested ac- tively in everything that pertained to the public welfare. His quiet, forceful manner, his genial temperament, his equitable judgments form the basis of the splendid work of the Probate court, which his successor, Judge White, with a similar benevolence of heart and purity of purpose, carried forward with great success. Judge White was an authority on polar explorations. His valuable collection of Arcticana he bequeathed to the Western Reserve Historical Society.

MUNICIPAL AND TOWNSHIP COURTS.

Following the English precedent, the earliest justices of the peace were chosen from among the most substantial men of the community. On April 5. 1802, the township of Cleveland was organized at a meeting held in James Kingsbury's cabin and the electors chose their host as the first justice of the township. In 1803 Amos Spafford and Timothy Doan were elected and from that day until about 1870, the list of justices contains the names of many able men. With the influx of the foreign population, came the usual municipal neglect for offices and the

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position of justice of the peace often fell into less worthy hands. Several at- tempts have been made to secure municipal civil courts but without success. The justices have always been elected, and until a few years ago received the fees collected. The city now pays them one thousand, five hundred dollars a year .*

POLICE COURT.

The only municipal court in Cleveland is the police court, established by the legislature in 1853. Prior to that date, the mayor of the city was the police judge. On the first Monday in April, 1853, after a spirited canvas, with three tickets in the field, whig, democrat and "union," John Barr, the whig candidate, was elected the first police judge and Bushnell White, also whig, police prose- cutor and O. J. Hodge, on the democratic ticket, police clerk. The terms of the judge and prosecutor were two years, of the clerk three years.

Judge Barr was an outspoken man, with a well equipped mind and a fear- less heart. He was the terror of the petty offenders who were brought before his stern gaze. He was much interested in the early history of Cleveland and prepared a valuable manuscript on the personal history of the earliest settlers. Colonel Whittlesey quotes freely from this "Barr Manuscript" in his "Early History of Cleveland."

Colonel O. J. Hodge, the first police court clerk, is still active in all good causes in our city.1

On April 17, 1853, the court was organized in a small room on the second floor of the Gaylord block on Superior street between Seneca and the Square. t A new brick police station and jail was then building on Johnson street near Wa- ter, and when the Police court was established it was decided to add a second story for a court room. To this the court moved late in 1853 and remained there eleven years until the completion of the Central station. With the development of busi- ness an additional judge was elected.

THE INSOLVENCY COURT AND THE JUVENILE COURT.

The insolvency court was established some years before the juvenile court. The juvenile court is the latest development in our judicial system, and the Cleve- land court was the second to be established in the United States. It owes its existence, like so many other of our fine civic enterprises, to the foresight and interest of Glen K. Shurtleff, for many years the general secretary of the Young Men's Christian Association. In 1901 he studied the conditions of the children in the jails of the county and began a movement through the Social Service club and the Bar association for the establishment of a separate court for children.

* For a pleasing account of early Cleveland justices, see "Bench and Bar of Cleveland," page 59.

1 This venerable gentleman, who has occupied so many places of trust in our community writes the author under date of April 2, 1909, "I am now nearing eighty-one years of life and feel it is time to take a rest. Here I am president of the Early Settlers Association, as I have been for the past six years, president of the Sons of the American Revolution for the third time and the past week was made president of the Cleveland Humane Society. Truly I am still in the harness-not rusting out !"

t See account of Police court "Bench and Bar of Cleveland," Page 53.

Thomas Bolton

James M. Jones

Rufus P. Spaulding

R. F. Paine

From photograph courtesy H. A. Schwab Judge Daniel R. Tilden

Seneca O. Griswold

J. M. Coffinberry

A GROUP OF DISTINGUISHED JURISTS

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HISTORY OF CLEVELAND

When in the fall of 1901 Thomas E. Callaghan was elected judge of the court of insolvency he became interested in the juvenile movement. With the added interest of the Chamber of Commerce a bill was drawn, Colonel J. F. Herrick, then representing the city in the senate, introduced the measure and guided it through the legislature. Under the provisions of this act the judge of the in- solvency court acquired jurisdiction over juvenile offenders. The first court was held on the Friday following the day on which the law went into effect. With the cooperation of numerous civic organizations and the enthusiasm of Judge Callaghan, the court immediately more than justified its establishment. Finding employment for the boys, the appointing of special guardians, the opening of a boarding home in 1903, the establishing of the boys' farm at Hudson, 1903, the opening of a special detention home in 1906, have all been steps toward the per- fection of the work of this useful court. A comprehensive law was passed April 24, 1908, incorporating a number of provisions from the Colorado law. Judge Callaghan, whose wise and enthusiastic interest did so much to properly establish the court, died November 29, 1904. Judge Thomas H. Bushnell was appointed by the governor as his successor and he served until November, 1905, when George S. Addams, the present incumbent, was elected.

FEDERAL COURT.

Before 1855 there was one federal district in Ohio and the district and circuit courts of the United States were held in Columbus. When the trade of the lakes began to increase the volume of business so that it caused great inconvenience and expense to go to Columbus, congress created the northern and southern dis- tricts with Cleveland the appointed seat of justice for the northern district. The new postoffice, completed about this time, afforded quarters for the court. Pres- ident Pierce appointed Hiram V. Willson the first judge of this district, Daniel O. Morton, of Toledo, the first district attorney and Jabez W. Fitch, of Cleve- land, the first United States marshal. The court appointed Frederick W. Green, of Seneca county, clerk, and General Henry H. Dodge and Bushnell White as the first United States commissioners. Lewis Dibble served as bailiff over thirty years.

The court's docket immediately began to fill with multitudes of admiralty cases, while the counterfeiters who flourished along the canal, furnished busi- ness for the grand jury. Cases arising out of the fugitive slave law caused pop- ular excitement, particularly the "Oberlin-Wellington rescue" and the rendition of the slave girl Lucy.

Judge Willson died in 1866 and was succeeded by Judge Charles Sherman, of Mansfield, a brother of General William Tecumseh Sherman and Senator John Sherman. In 1873 Judge Sherman resigned and was succeeded by Martin Welker, of Wooster, who served until 1889, when he retired, having reached the age of seventy years. Judge William R. Day, of Canton, was appointed to the place but on account of ill health he never held court and resigned soon after his appointment. He now sits on the United States Supreme bench. In July, 1889, Captain A. J. Ricks, of Massillon, was appointed and he served until 1900, when ill health compelled his retirement. Francis J. Wing, of Cleveland, was appointed

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by President Mckinley, and on his resignation in 1905, Robert W. Tayler, of Youngstown, was appointed.

The United States Circuit Court was created by congress in 1869, when nine circuits were established and one judge appointed for each circuit. Ohio was included with Tennessee, Kentucky and Michigan in one circuit and Judge Baxter was made the first judge of the circuit, serving until his death in 1885. Judge Howell E. Jackson, of Tennessee, succeeded him. *

THE BANKRUPTCY COURTS.

The first national bankruptcy act was passed in 1800 and promptly repealed three years later. The second act was passed in 1840 and also survived only three years. In 1867 a third act was passed and it remained in operation until its repeal in 1878. Myron R. Keith was appointed register for the district of northern Ohio. When the act was repealed he sent his resignation to the judge of the District court, who forwarded it to the chief justice of the Supreme court, who in turn returned it to the District court. The law did not make it clear who was empowered to receive the resignation of an officer whose office did not exist.

Under the present national bankruptcy act Harold Remington was appointed by the federal district judge in 1898. He resigned in 1909 and Judge Taylor appointed A. F. Ingersoll.

THE CLEVELAND BAR ASSOCIATION.

March 22, 1873, a meeting of attorneys was held in the law library room. John W. Heisley was chosen chairman and a resolution to form the "Cleveland Bar Association" was endorsed. A constitution and by-laws were adopted, which defined the objects of the association "to maintain the honor and dignity of the profession of the law, to cultivate a social intercourse and acquaintance among the members of the bar, to increase our usefulness in aiding the administration of justice, and in promoting legal and judicial reform." During its earlier years the association was quite active in carrying out these objects. On August 8 and 9, 1887, the National Bar association held its first annual meeting in Cleveland, one hundred and four delegates were present. The meetings were held in Case hall.

LAW LIBRARY.

December 18, 1869, a meeting of attorneys was held in the "old courthouse," W. J. Boardman acting as chairman, for the purpose of organizing a law library association. The necessary committees were appointed and on January 8, 1870, the organization was perfected. The capital stock was fixed at twenty thousand dollars divided into eight hundred shares of twenty-five dollars each. Judge S. O. Griswold was elected president. Gifts of about eight hundred volumes made by a number of the members formed the nucleus of the collection that now con- tains twenty-seven thousand volumes. A room on the third floor of the "old

* See appendix for list of other court officers.

Senator H. B. Payne

Franklin T. Backus

R. P. Ranney

Stevenson Burke

Samuel Williamson Samuel E. Williamson GROUP OF DISTINGUISHED LAWYERS AND JURISTS

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HISTORY OF CLEVELAND

courthouse" was prepared for the library. A number of substantial gifts have been made from time to time.

THE CROWELL LAW SCHOOL.

In 1855 the Ohio State and Union Law college was organized in Poland, Ohio, under the leadership of Judge Chester Hayden. In 1857 the college was re- moved to Cleveland and J. J. Ellwell and W. P. Edgerton were associated with Judge Hayden in conducting the school which was opened in the Rouse block. After several years Judge Hayden resigned and General Crowell was chosen president, and from that time it was popularly known as the Crowell Law School. When General Crowell was compelled to relinquish his work because of old age and infirmity, the school was closed.

THE CLEVELAND LAW COLLEGE.

On January 5, 1882, Rufus P. Ranney and a company of notable lawyers or- ganized the Cleveland Law School. Judge E. J. Blandin was elected dean and Amos Dennison, secretary and treasurer. Instruction was begun in the old court- house. It thrived for a number of years.

THE CLEVELAND LAW SCHOOL.

The Cleveland Law School is the outgrowth of two schools. In the summer of 1897 Judge Bentley, Mr. Rowley (now Judge Rowley, of Norwalk), and Judge Willis Vickery, with the cooperation of Baldwin university at Berea, es- tablished the Baldwin university law school. About the same time William G. Webster, of Chicago, with Sherman Arter, Judge F. J. Wing, Judge Neff and others, started the Cleveland Law School, incorporated under the laws of Ohio. The Baldwin university school began with fifty students and the Cleveland law school with about half that number. In the summer of 1899 the two were consolidated under the name of the Cleveland Law School of Baldwin University, organized under the laws of the state and incorporated as the "Cleveland Law School Company," an entirely new corporation, taking under its care the two amalgamated schools. The attendance has steadily increased and this year over two hundred students are enrolled. The first graduating class numbered eight students, thirty-five graduated last year. The recitation rooms are on the upper floor of the American Trust building. Judge Willis Vickery, since the inception of the school, has been its dean.

In the chapter on the Western Reserve University will be found the history of the Franklin T. Backus Law School.

CHAPTER XXVI.

PUBLIC BUILDINGS.

When the county was created by act of February 10, 1807, there was some contention whether the county seat should be Newburgh or Cleveland. When the

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HISTORY OF CLEVELAND

contest was decided in favor of Cleveland, the most available quarters for the new county court was a new store on Superior street, and from May, 1810, until 1812 this remained the temporary courthouse. The county commissioners, Messrs. Wright, Ruggles and Miles, engaged Levi Johnson, a young carpenter, who later became one of the town's prominent business men, to build a courthouse and jail on the northwest corner of the Public Square. The nails and glass for this build- ing were brought by Levi Johnson over frightful roads from Pittsburg in his own one horse wagon.1

Among the stumps and underbrush soon rose the new courthouse. It was twenty-five by fifty feet, two stories high, built of logs, and cost seven hundred dollars. As the lower story was used for a jail its walls were nearly three feet thick, of timber cut in lengths corresponding to the thickness of the walls and laid with the ends turned outside, and firmly bolted together. This floor was divided into three rooms. There were two large cells about ten by twenty feet, one called the "criminal cell" and the other the "debtor cell;" the third room was the jailer's home. An outside stairway led up to the courtroom in the second floor. The building was covered with clapboards laid on the "longside." 2 The upper room served many purposes, religious services, political caucuses, lectures, dances and other public occasions were held there. The rude jail was not well guarded, but we read of no jail deliveries. Dr. Reeve told the writer he remem- bered when a boy, going to the small windows and throwing sticks and stones at : the prisoners. In 1830 it was torn down.

In 1826 the county commissioners voted to build a new courthouse. This re- vived the old suggestion that Newburgh was the proper place for the county seat. Before the commissioners had decided the question, one of their number died, and the election of his successor was virtually a referendum on "Newburgh or Cleveland." The latter won by a small margin. On October 28, 1826, the first court was held in the new courthouse. It stood on the southwest sec- tion of the Square, where the fancy stone work and artificial streamlet still sur- vives the rococo age. The building faced Superior street, was built of brick, two stories high. "The front is ornamented with stone antaes or pilasters of the Doric order, supporting a Doric entablature; the whole is crowned with an Ionic belfry and dome." 3 It cost eight thousand dollars. The upper floor con- tained the courtroom and jury room, the lower floor the county offices. The plans were drawn by Henry L. Noble, who with George C. Hills had received the con- tract for building. In 1832 a new stone jail was built in the rear of the court- house, on the opposite side of the street, where the row of dilapidated old build- ings now stands. It faced Champlain street. It contained the sheriff's residence and several stone cells.

In February, 1841, bids were asked for a new jail, built on the lot now oc- cupied by the jail. The building was of stone and "fireproof," which in that day meant that no wood was used in the construction excepting the floors and doors. The sheriff's residence was three stories high and the jail proper four stories, the first three stories having twelve cells each and the fourth had seven small

1 "Annals Early Settlers Association," No. 7, p. 40.

2 "Leader," February 3, 1869.

3 "City Directory," 1837, p. 45.

From an original painting in the possession of F. S. Bamum

THE FIRST COURTHOUSE

This picture was painted by Otto Ruetenik from a pencil sketch, and data furnished him by Mr. Waterman, who for many years was in the employ of Dr. Erastus Cushing. It shows the old log building fronting on Superior St. The view is north and west, toward the river and lake; the houses in the distance are on Superior St. The courthouse was built in 1812, when there were less than 80 inhabitants in the village. Compare this with Kelley's map, pages 42, 43, showing the building in 1812.

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and four large rooms. Heard and Porter were the architects and the building was in the "castellated style." 4 It forms the shell of the present jail; the interior has been several times remodeled.

This courthouse had a bell in its dome, which, in discordant tones announced the opening of court, summoning jurors, litigants and attorneys to the dingy courtroom. The county commissioners paid for the ringing of the bell, as their journals show, as late as 1853. This old courthouse was a favorite place for holding all maner of public meetings, including political caucuses and conventions, religious services, and lectures. For want of better lighting, tallow dips were used, and for, heating large bellied stoves with rickety strings of pipes that often smoked viciously. Here were held famous debates on slavery and religion, topics that were uppermost in men's minds in those years. Samuel Underhill, Alex- ander Campbell and Bishop Purcell were heard there. During the Tyler admin- istration the patriotic whigs, who had in fervid eagerness elected "Old Tippe- canoe" to the presidency, expecting the spoils of their victory, held a roisterous meeting when the recreant Tyler appointed non-whigs to the two most important offices in the town, the postmastership and the collectorship. Here also the Cuya- hoga County Agricultural society was organized and held its first exhibits of fruits and vegetables. The prize oxen and horses were exhibited in the yard, which was enclosed by a fence. 5

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A history of Cleveland, Ohio, Volume I, Part 33

Author: Orth, Samuel Peter, 1873-1922; Clarke, S.J., publishing company Publication date: 1910 Publisher: Chicago-Cleveland : The S.J. Clarke Publishing Co. Number of Pages: 1262

Author: Orth, Samuel Peter, 1873-1922; Clarke, S.J., publishing company
Publication date: 1910
Publisher: Chicago-Cleveland : The S.J. Clarke Publishing Co.
Number of Pages: 1262