Biographical and historical memoirs of Muskingum County, Ohio. Embracing an authentic and comprehensive account of the chief events in the history of the county and a record of the lives of many of the most worthy families and individuals, Part 33

Author:
Publication date: 1892
Publisher: Chicago, Goodspeed Pub. Co.
Number of Pages: 642

USA > Ohio > Muskingum County > Biographical and historical memoirs of Muskingum County, Ohio. Embracing an authentic and comprehensive account of the chief events in the history of the county and a record of the lives of many of the most worthy families and individuals > Part 33

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Chapter XII.

BENCH AND BAR.

P RINCIPALLY, the following interesting Monday in the month. The supreme court sketch of Muskingum county's judicial consisted of three judges, and was required to history from 1804 to 1877 is taken from the hold one term each year in cach county, and address of Hon. Moses M. Granger, of Zanes- the said third Monday, April 25, 1804, was fixed ville, delivered at the dedication of the Musk- for the beginning of the first term of the su- ingum county court-house, on the Ist of May, preme court in this county. There is no record 1877: The county's birthday was March I, extant of any session of the supreme court, but 1804. On April 25, 1804, the first session of the president judge of the common pleas cir- the court of common pleas was held in David cuit that year was Levin Betts. The county Harvey's tavern. Ohio had borrowed a judi- offices contain no docket or record of any kind cial system from Pennsylvania, and, grouping touching that session, and it is very probable several counties in a "circuit," assigned it to that it was merely a formal one. Abel Lewis one president judge. He was required to be a was by the court appointed clerk pro tem. of lawyer, and was elected by the state legislature. the court of common pleas, and over his signa- That body also chose from among the electors ture the earliest writ issued from the common of each county three citizens-not lawyers- pleas of which any record exists went out on and called them associate judges. The presi- June 6, 1804, being a capias ad respondendum at dent and two associates made up a quorum; in the suit of Samuel Courier, husbandman-carter, the absence of the president, the three asso- versus James Sprague. Wyllis Silliman was ciates could sit as a court. Special sessions attorney for plaintiff, and Philemon Beecher, could be held as often as needed by the asso- of Lancaster, appeared for the defense. The ciates, and they disposed of the great body of action was in slander; damages claimed, $500; the ordinary work now done in the probate the slander charged being the use of the words, court. The state, in 1804, embraced three cir- "You are a thief, and I can prove it." The cuits. The second contained Adams, Fairfield, declaration was in the old verbose form. Ver- Franklin, Gallia, Muskingum, Ross and Scioto dict for the plaintiff; damages, $3. This ver- . counties, and the 25th of April was by law dict was rendered in November, 1804, and so named for the beginning of the first term of far as the records show was the first one in the common pleas in Muskingum, being the third county. Lawyer Silliman evidently was dis-

188

HISTORY OF MUSKINGUM COUNTY.

pleased with his client, for on November 20, 1856, Corrington W. Scarle; October, 25, 1856- same month, he sued out another capias as at- 9th February, 1862, Lucius P. Marsh; February torney for the very James Sprague from whom 9, 1862-10th December, 1866, Ezra E. Evans; he had just recovered the $3, and arrested his December 10, 1866-9th October, 1871, Moses former client, Samuel Courier, husbandman-car- M. Granger; August 3, 1869-3d August, 1874, ter, in a suit for $100 debt. Lewis Cass de- Frederick W. Wood; October 9, 1871, William fended this suit, and at August term, 1805, ob- H. Frazier; August 3, 1874, Lucius P. Marsh; tained a verdict, and James Sprague had to pay Judge Frazier was re-elected in 1876 without op- the costs. Following is the composition of the position.

first petit jury in Muskingum common pleas: I, William Wilson, third president judge of William Montgomery; 2, Isaac Prior; 3, John the Muskingum common pleas, was born in the Reasoner; 4, Joseph Neff; 5, Thomas Cordray; year 1770, at or near Goffstown, a village about 6, David Herron; 7, William Dusenberry; 8, fifteen miles south of Concord, the capital of William Reasoner; 9, Daniel Campbell; 10, New Hampshire. The son of a farmer, he was Joseph Stotts; 1I, David Enslow; the twelfth educated at Dartmouth college. The follow- ing sketch was written by James R. Stanbery, man did not appear.

The record is not signed, and it cannot be Esq., of Newark:

stated with certainty what judge presided, but " Having studied law in his native state, he it was probably Levin Betts. Nothing can be removed to Johnstown, New York, where he learned as to his history. Muskingum remained practiced a short time, and then came to Chil- in his circuit less than a year. It is probable licothe, Ohio, where he married. He was ap- that he resided nearor west of the Scioto, as the pointed president judge of the court of com- most populous part of his circuit was Ross mon pleas in the year 1808, when Licking county, which had a large influence in the county was organized, and presided in the legislature by which he must have been courts of the district of which Licking was elected.

then a part, until the year 1822. In October,

The act of February 22, 1805, transferred 1822, he was elected to congress. He served Muskingum to the Third circuit, composed of as member of congress for one term, and was the counties of Belmont, Columbiana, Jeffer- re-elected, served a second term, and died in son, Muskingum, Trumbull and Washington, 1827, and is buried at Newark, Ohio. The and thereby Calvin Pease became the president counties composing his judicial district includ- judge. He was even then, although he had ed Fairfield, Licking, Knox, Muskingum and been for some years on the bench, only twenty- others. His characteristics as a man were seven years old. A New-Englander, sharp, peculiar, and he was while he lived, noted for energetic and witty. He resided in Trumbull his liberality, and had the confidence and re- county, and "administered the law to all the gard of all his neighbors. He was foremost in inhabitants of the state east of the Muskingum all public enterprises of his day, and consulted river," and performed his duties as judge in all matters of public interest. He was " with much ability and integrity." He ceased very easy of approach by all, and had a popu- to be judge of this court at the close of 1807, larity which always secured him public position but became one of the judges of the supreme when he aspired to it. His knowledge of his court of the state in 1816, and at the same time profession is said not to have been profound, John McLean, who for so many years adorned but his administration of justice was satisfac- the bench of the highest national court, was tory, and up to the requirements of the time chosen a member of the same court. Judge in which he lived. He believed in keeping Pease afterwards practiced law in Trumbull the peace and ridding the community of ob- and adjoining counties. It may be well to here noxious offenders in a small way by what now add a list of the common pleas judges who might be considered a more summary process have presided in the county: 1804, Levin Betts; than attends "the law's delay." There was 1805-1808, Calvin Pease; 1808-1822, William once on a time in the history of the village in Wilson; 1822-1836, Alexander Harper; 1836- which he lived, then containing a sparse popu- 1846, Corrington W. Searle; 1847-October 17, lation, such men as were known as wife beaters, 1851, Richard Stillwell; October 17, 1851-Feb- and the citizens upon one occasion (as recol- ruary 9, 1852, Corrington W. Searle; 1852- lected by the writer who was then a boy), had September 16, 1854, Richard Stillwell; Septem- convened to punish such an offender; after ber 16, 1854-October 20, 1854, John E. Hanna diligent search for him, they found him con- October 20, 1854-19th October, 1855, Charles cealed in his cabin, and had prepared a rail C. Convers; October, 19, 1855-25th October, upon which it was proposed to mount him.

189

HISTORY OF MUSKINGUM COUNTY.

By common consent of the crowd before ad- lection was sure, the general sentiment of the ministering the punishment, concluded that district awarded the place to the judge. This Judge Wilson should first be consulted as to fact always seemed to me very creditable to its propriety. The residence of the judge was him. After fourteen years' service as judge, sought, who being aroused from his bed, and and six years in congress, to be so called upon advised of the object of the visit, which was as a candidate in a district where undoubted in the night, promptly approved of the deci- party success would naturally invite competi- sion of his neighbors, and after furnishing the tion before the convention, seems good proof necessary luxuries, headed the procession and that in his long public service, Alexander carried the offender to be dealt with as had Harper had shown himself capable and honest. been decided. When the ride was extended No one in our present bar was in practice far enough, the victim being rested and re- while Judge Harper was upon the bench; freshed from time to time, the judge delivered hence neither you nor I can learn further de- him a lecture, and directed him to leave the tails of his judicial career. Such men as neighborhood and never again revisit it. That Thomas Ewing, the elder, Philemon Beecher, man never came back."

Henry Stanbery, Charles B. Goddard, and oth-

"Judge Alexander Harper," says Judge ers appeared before him year after year, and Granger, " was born February 5, 1786, I think his circuit comprised a number of important in the North of Ireland. I cannot give you and influential counties. Under these circum- the date at which he became a member of the stances, after seven years of services, the gen- bar of our county; but the oldest existing cral assembly, in 1829, re-elected him; while docket shows him engaged in cases at August therefore, details are absent, the outlines prove term, 1813. From 1817 to 1822, he had with him a worthy judge.

him in a firm styled Harper & Doland, John " His successor, Corrington W. Searle, was Doland, who about 1824-5, moved to Perry a resident of Newark, when in 1836, he was county. In October, 1820, Mr. Harper was chosen to office. He soon removed to Zanes- elected to represent Muskingum in the state ville, and remained in or near our city until his house of representatives, and re-elected in death. Born in Wyoming valley, Pennsylva- 1821. In 1822, he was chosen judge.

nia, of Connecticut parentage, he came in early " On retiring from the bench in 1836, Judge manhood to Ohio, studied law in the office of Harper followed the precedent set by Judge Wyllis Siliman, and was admitted about 1820. Wilson, and was elected as our representative Called to the bar in a newly settled state, in congress, and as such served for four terms, while libraries were scarce and scant, and books 1837-39; 1843-47; 1851-53. He died December costly and difficult to procure, the circum- I, 1860. His long life in our midst made him stances under which Ohio law practice needs so known that many who hear me can describe must be carried on, reinforced his vigorous in- him far better than I. When I came to the bar he tellect and keen perception and so familiarized was just leaving it. I can recall only one in- him with the great foundation principles of stance in which I heard him argue a cause. law that for him their application to any given He was defending a man nearly as old as him- state of facts was an casy task; and he rarely self, who under great provocation had shot and failed to rightly and speedily solve the most killed a man in, I think, Jefferson township. complex legal problems. A correct thinker, Judge Harper, as known to me, was always he never wasted words in giving expression to even-tempered and kind in manner. His old his thoughts; every word used occupied a fit- client, to whom I refer, as he sat behind his ting place and carried some portion of the counsel, showed a face so gentle, so unmarked sense intended to be conveyed. His observa- by passion, that I yielded ready credit to his tion was keen; he well understood the mien many neighbors who testified that when not who, as litigants, lawyers, jurors, or witnesses influenced or overcome by liquor, his temper came before him. As a judge, his decisions, and conduct had always been peaceful. Judge were clear, concise and accurate; as a lawyer, Harper, old as he was, spoke with much of the his examination or cross examination of a wit- fire of his early days, and so carried court and ness resulted in presenting to court or jury jury with him that the verdict was manslaughter, every fact spoken of in as favorable light for his and the sentence the mildest permitted by the side of the case as well judged questions could law. Another of my few remembrances con- produce. As an advocate, his manner was nected with Judge Harper, is the fact that when quiet but impressive, and united with his cor- in 1851, the Whig congressional convention rect reasoning and clear style, gave him great was about to meet to name a candidate whose influence with court and jury. Becoming tired

190

HISTORY OF MUSKINGUM COUNTY.

of judicial work, he resigned at the close of scarce a pause, referring to no book, and rarely the year 1846, and began practice in the law ever to the papers in the case, tell them point- office vacated by Judge Stillwell. As shown by edly how, if the facts were so and so, their the list heretofore given, he was subsequently verdict-must be for the plaintiff; or if so and twice recalled to the judgeship during vacan- so, for the defendant. He never troubled them cies by resignations. Judge Searle presided with legal theorems, or quotations, or disquisi- for the last time October 25, 1856. After that tions, and sent them into their room 'all at date he undertook no new cases, and seldom sea' to puzzle out the application of extracts appeared in court. He lived on his farm, about from law books to what facts seemed to them a mile south of Putnam, until, shortly before proven; he, as it were, translated general state- his death, he removed to Zanesville, and died ments of legal propositions into the language there December 1, 1865. of the facts in the case; and when the jury

To fill the vacancy caused by the resigna- agreed as to the facts their difficulties were at tion of Judge Searle, the legislature selected an end." Both Searle and Stillwell, loved the Richard Stillwell, at the session of 1846-47. Be- old common law and its system of pleading, fore the ensuing term of court, he became seri- and were reluctant to part with even its objec- ously ill, and so continued for an entire year. tionable technicalities. This was very natural. He wished to resign, but the bar were urgent It had been the study of their youth; the work that he should remain in office. He first sat of their lives had been controlled and measured as judge, in this county, on the 4th day of by it, and the change came when they had April, 1848. In October, 1850, he was chosen reached that age which sees most readily the to represent the county in the convention possible perils of that which is new, and is which formed our present constitution, and in almost blind to the imperfections of that October, 1851, was elected judge of common which had long been familiar. Resuming pleas, for the sub-division composed of Musk- practice in the fall of 1854, with his son-in-law, ingum, Morgan and Noble counties; the first Capt. John C. Hazlett as his partner, he judge chosen for us by popular election. In engaged far more actively than did Judge September, 1854, he resigned and resumed Searle, and continued until his last sickness. practice. He was born in Bucks county, He died February 2d, 1862. Pennsylvania, September 2, 1797, and was

On September 16, 1854, John E. Hanna, of brought in childhood to our county by his Morgan county, was commissioned by Gover- father, Daniel Stilwell, who sat as associate nor Medill, to fill the vacancy until a successor judge of common pleas, in 1817. "Young could be elected. He sat as common pleas Stillwell," says Mr. Granger, "studied law in judge for three days, and attended as one of Zanesville, with Gen. Herrick, and was the district court judges, at September term, admitted to the bar about 1819. His name 1854. In October, Charles C. Convers, was first appears as engaged in a cause at July elected by the people, and on October 20th term, 1819. He was soon afterward made was commissioned, and Judge Hanna's brief prosecuting attorney, which office he ably term came to an end. John E. Hanna was filled for many years. He soon acquired a born December 19, 1805, in Westmore and large practice, and thenceforward held a lead- county, Pennsylvania. In 1815, hisfather came ing position in our bar. His mind was active to Harrison county, Ohio., and there the son and his temperament nervous. Himself an began to read law with Chauncey Dewey, in able lawyer and a zealous worker, he had small the spring of 1823, and was admitted to the patience with the ill-prepared, the careless, or bar on September 27, 1825, at New Philadel- the idle, and ever sought to prevent unneces- phia. He located at McConnelsville, in April, sary delays in the trial of causes. But he was 1826. In 1840, February 18th, he was by the quick to detect real merit and to encourage legislature chosen president judge of com- the young lawyer who evinced industry, study mon pleas for the then Eighth circuit, com- and professional ambition. Like his prede- posed of the counties of Athens, Gallia, Law- cessor, Judge Searle, he was well grounded in rence, Meigs, Morgan, Washington and Scioto, legal principles and ready and apt in cor- and served seven years. On his retirement rectly applying them to the facts in the case; from the bench, he resumed practice at the and also, clear and concise in his charges and bar. As he is still amongst us, known and decisions. He was judge in my student days, liked by all, I shall leave to some future chron- and I well remember how wonderful it seemed icler the summing up of his career. Long may to me, that so soon as the arguments closed, he live, as cheerful and kindly as he is now. I he could, as he did, turn to the jury and with know no man who has passed the measure of

191

HISTORY OF MUSKINGUM COUNTY.

three score and ten who walks with so firm and an opinion or a charge, with a statement of the springy a step as does he to-day. Few who modifications, variations and exceptions to are a score of years his junior can equal it."

which it might be subject. This habit, while so Charles C. Convers was born in Zanesville creditable in motive, while it gave signal proof on the 26th day of July, 1810; son of the same of his legal erudition, and conveyed much Daniel Convers who in his youth had brought information profitable to the attentive student the first mail from Marietta, and grandson of or lawyer, occasionally embarrassed juries, who Benjamin Convers and Josiah Munro, both naturally could not remember enough of such members of " The Ohio Company." Hestudied detailcd instructions to properly apply them. law in the office of his brother-in-law, Charles This character of mind caused him to prefer B. Goddard; came to the bar in 1831 or 1832; the hearing and determination of equity cases practiced for many years in the firm of Goddard to sitting as a nisi prius judge with a jury. & Convers; represented the county in the state "I had the profit and pleasure of studying senate in 1849 and 1850; was speaker of the, law in his office," says Judge Granger, "and ever state senate during the interesting session of have and ever will remember him with honor 1850-51; was a candidate on the Whig ticket for and affection. A cultured gentleman, refined supreme judge in 1851, but the Democrats car- and courteous, he sought to foster in his ried the state; was elected common pleas students a love for the law as a science and an judge in October, 1854, and judge of the ambition to elevate the esprit du corps of the supreme court in 1855. He was sworn into bar." Of slight frame physically, his constitu- office as judge of the supreme court in Febru- tion, temperament and habit gave him as an ary, 1856, but the disease that was to cause his advocate the manner of the scholar rather than death had already seized upon him, and there that of the orator, but his carnestness, his argu- being no hope of his recovery he soon resigned. mentative power, backed by his thorough He died September 10, 1860.

acquaintance with the law and facts of his case,

Judge Convers differed in many ways from made him very influential with court and jury. his predecessors. Already in his school-boy His reputation as a lawyer of great learning and days schools and colleges had been established ability gave him a practice more extensive, con- in the state; the university at Athens had sidering the territory covered, than that enjoyed already graduated Thomas Ewing and others. by any other resident member of the Muskin- His father gave to his son freely all accessi- gum bar. His retainers in cascs for argument ble educational advantages-supplementing in the supreme court came from counties in all school, college and office instruction by send- parts of Southeastern Ohio, and his name ing him to the Harvard law school, then in its appears in the Ohio reports during the last half carlier and palmy days. Therc he heard the of his practice oftener, perhaps, than that of lectures of Story and Greenleaf, and had for any other Muskingum county lawyer.

fellow-students such men as Benjamin Robbins

The vacancy caused by his resignation as Curtis and Charles Sumner-since famous, the common pleas judge was filled, as already one upon the bench and at the bar of the stated, by Judge Searle, who held under ap- supreme court of the United States, the other pointment of the Governor until the election

in the national senate. An cager and diligent and qualification of Judge Marsh, in October, student, he became, it may be safely said, more 1856. "As for the remaining Judges, Marsh, "learned in the law" than any other Ohio Evans, Granger, Wood and Frazier, they yet lawyer of his day. This devotion to study; live and may be seen and known of you all. this vast reading not unnaturally prevented him Some future historian of your county and its from grasping the controlling principles of the courts may tell another generation of their law as firmly as his predecessors had done. work." Accustomed to books-possessed of one of the

Thus much as to the lawyer-judges of the most complete law librarics then in the state- Muskingum common pleas. For half a century he, as it worc, by an insensible process of -1802-1852-beside the lawyer or president growth, camc to rely upon books and preccd- judge sat three associate judges, who were ents rather than on reasoning from legal princi- chosen by the state legislature from the ples. His mind readily perceived distinctions, electors resident of the county and served and his retentive memory kept ever present the terms of seven years cach unless sooner re- variations and exceptions to which every rule moved by death, resignation or "for cause." is subject. His great conscientiousness made "As no minutes or journal of 1804 is in it seem a duty to accompany every annuncia- existence, I cannot tell you" says Judge tion of a legal proposition from the bench, in Granger, "who sat with Judge Levin Betts. Mr.

192

HISTORY OF MUSKINGUM COUNTY.

E. H. Church, an old resident, well known to whereupon Judge Searle said: "The court you, tells me that David Harvey sat at April being divided the motion is over-ruled." Term, 1804, but he eannot recall the names of Hearing this, Judge Springer added: "I agree the other two." In 1805, the journal shows with the associate Judges." Judge Searle that Jesse Fulton, Richard MeBride and Wil- quietly entered the decision on the doeket, and liam Mitchell sat with Judge Peasc. After the soon after declared the court adjourned sine first appointments, such provision was made by die, and the old court with the old constitution law that the terms of the associates expired in was dead. The question involved survived, different years, so that but one would go off and Judge Stillwell at the next term deeided it the bench at a time. Thus Richard McBride in the same way as the associates had done; was suceceded by David Findley, and then but the supreme court agreed with Judge they came thus: Ebenezer Buckingham, Searle, by a vote of three judges to one. Stephen C. Smith, Daniel Stillwell, Robert The list of associate judges contains the Mitchell, Robert MeConnell, David Young, names of many men well known for their expe- Thos. Ijams, Edwin Putnam, Mathew MeEl- rienee, good sense, good judgment, and integ- hinney, William Blocksom, James Jeffries, rity. No one of them was ever "removed for William Cooper, Jacob P. Springer, Horatio J. eause." No charge of misconduct was ever Cox, Wilkin Reed.

even preferred against any of them. For half

As already stated, these associate judges a eentury they administered the laws regulat- formed a necessary part of the court at all ing the administration of estates, partition of times, and alone, as a general thing, transaeted lands, ete., sensibly and justly. These duties all business pertaining to an orphans' or pro- and others, some of a kindred nature, and oth- bate court. Yet each of them had a right to ers touching upon common pleas jurisdiction, vote upon every decision; and for a whole year, have since February, 1852, been discharged by in 1847, while Judge Stillwell was siek, the as- the probate eourt.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Biographical and historical memoirs of Muskingum County, Ohio. Embracing an authentic and comprehensive account of the chief events in the history of the county and a record of the lives of many of the most worthy families and individuals, Part 33

Author: Publication date: 1892 Publisher: Chicago, Goodspeed Pub. Co. Number of Pages: 642

Author:
Publication date: 1892
Publisher: Chicago, Goodspeed Pub. Co.
Number of Pages: 642