USA > Ohio > Darke County > History of Darke County, Ohio, from its earliest settlement to the present time, Volume I > Part 42
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Federal Judges.
One of the most important branches of our judiciary is the bankrupt court. Laws passed with a view to distributing the property of an insolvent equitably among his creditors and free the debtor from further obligation have been in force in England for more than three centuries. They had their origin in the Roman law. In England before 1841 only a tradesman could be a bankrupt. This distinction was abolished in the United States in 1869. Bankrupt laws were passed by our congress in 1800, 1841 and in 1867, but repealed after a com- paratively short operation.
The most recent act to establish a uniform system of bank- ruptcy throughout the United States was passed by both houses of the fifty-fifth congress and by the approval of Pres- ident Mckinley became a law in 1898.
The oath of this office is historic and similar to that taken by other officers of the federal judiciary and is as follows:
"I, -, do solemnly swear that I will administer justice without respect to persons, and do equal justice to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as ref- eree in bankruptcy according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States. So help me God."
Under an earlier law, John Devor was registrar in bank- ruptcy from March, 1867 to September, 1878 and Elijah Devor was his clerk. The incumbent of the position of referee in bankruptcy in this county since 1898 is Elijah Devor, who was born in Darke county, October 16, 1849. His father was James Devor, one of our early pioneers and his grandfather John Devor, was born in Pennsylvania and came to Darke county in 1808. Elijah Devor obtained a common school edu- cation, and at nineteen years of age commenced the study of law with Allen and Devor. He attended the Cincinnati law school one term, was graduated from the same and was ad- mitted to the bar in April, 1871. The next year he was asso- ciated with M. T. Allen as a partner and later practiced with A. T. Bodle. He was treasurer of the Greenville gas company, 1880-1896 and United tSates commissioner. 1880 to 1896.
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Prosecuting Attorneys.
One of the most important officers under our system of ad- ministering justice is the prosecuting attorney, whose duty it is to prosecute on behalf of the state all complaints, suits and controversies in which the state is a party. There are other suits, matters and controversies which he is directed by law to prosecute within or without the county in the probate court, common pleas court and circuit court. No one is eligible as . a candidate for this office, who is not an attorney and coun- selor at law, duty licensed to practice in this state and he shall not be a member of the general assembly or mayor of any city or village. The chief interest of the people in this officer is aroused when there is a criminal trial and the matter of the defendant's life and liberty is at stake.
Attorneys were appointed by the court to prosecute actions in behalf of the state in the early days until 1835; since then they have been elected, their term of office being two years.
The following list of prosecuting attorneys for Darke county is not claimed to be complete, but it is fairly accurate so far as it goes.
Mr. Beers and Mr. Bacon to whom we have repeatedly referred were among the prosecutors prior to 1830, also was Henry Stoddart, and as heretofore stated Judge William M. Wilson filled the same office after starting in practice here in 1835 and until 1830. John M. U. McNutt was the county prosecuting attorney for four years until about 1833, also serving as senator from this district 1833-1834. In about 1836 he was a candidate against Taylor Webster of Butler county for Congress, but was defeated. McNutt died when quite a young men about 1840, regretted by all who knew him. He had white hair, was tall and erect, somewhat slender, and the most perfect orator of the Eaton bar at that time.
The successful candidate in October, 1840, was David K. Swisher, who was born in Montgomery county in 1818, and at the age of eleven years came to Darke county. He received part of his education at the old Studabaker school, which was the nursery of some of the most successful men of later days. After teaching school, he studied law in the office of Hiram Bell and was admitted to practice by Judges Wood and Hitch- cock in June, 1840. After his election he found that his youth, inexperience and natural timidity were serious drawbacks, but developed considerable zeal in seeing the laws carried out
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against offenders. He received the nomination for second term, but David Beers who had just been admitted to the bar ran in the same party as an independent candidate and the result was that Cyrus F. Dempsey of the opposite party was elected. Swisher subsequently served for a number of years as justice of the peace and was also in the mercantile busi- ness. He wrote numerous articles on early history and social life among the pioneers, which were published in the Green- ville Courier, and some of his data is being used in the prep- aration of this article. His articles possessed considerable merit and all should have been preserved and published. Like most men of literary inclinations he seems to have been of a contemplative rather than an active disposition.
Cyrus F. Dempsey was a little red-headed and rather unso- cial lawyer who settled here in 1839 and as heretofore stated, defeated Swisher and Beers in 1842. He filled the office of prosecuting attorney with fair ability and afterwards moved to Cincinnati, where he died about 1856.
Sometime in the forties Luther Montfort came to Green- ville, after having read law in the office of Judge Haines, of Eaton. Swisher writes of him as follows: "He was a pretty bright fellow with cheek like a brick, not very prepossessing, but full of a rough kind of eloquence, a terror to decency, but the delight of the rabble. He got into some practice and was in 1848 elected to the legislature and voted for Salmon P. Chase, later left the country and died in California.
The next incumbent was James F. McDowell and he was succeeded by William Allen, who served two terms from 1850 to 1854 and fuller account of whom appears under the com- mon pleas court.
Charles Calkins, who was prosecuting attorney From 1854 to 1856, was born in Pennsylvania in 1827 and received his carly education like other boys of the age in an old log school house. At the age of twenty-one he commenced to study the law and then proceeded to Cuba, Panama and arrived in California during the gold fever. While in California he met with success and after eighteen months came east with his cousin, Wealthy Jaquay, with whom he read law in the offices of A. R. Calderwood and William Collins. Charles Calkins was reelected prosecuting attorney after the Civil war and served four years until 1870. While prosecuting attorney, he represented the state in many important criminal cases in- (31)
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cluding the Lecklider murder case, a case in which a father killed his son, and the French robbery case.
Succeeding Calkins as prosecuting attorney was David L. Meeker who was elected in 1856 and two years later was re- elected. A fuller account of Judge Meeker as well as John W. Sater, who served from 1864 to 1866, can be found under the account of the bench.
In the interim from 1860 to 1864, Val. E. Whitmer was prosecuting attorney.
As above stated Charles Calkins was prosecuting attorney from 1868 to 1872 and was succeeded by Charles Gordon Matchett, who was the son of Eric Matchett and Johanna Hendrickson, native of New Jersey, who came to Butler county in 1820. Charles G. was born in Butler county in 1825 and spent his boyhood days in this county. He entered the service during the Civil war as a sergeant and was after- wards captain of Company G, Fortieth Ohio Volunteer Infan- try. He distinguished himself on the field of battle and in several charges commanded a batallion of the regiment. Be- sides being a successful lawyer, he was prosecuting attorney from 1866 to 1868, and was a Shakespearean scholar far above the average.
J. K. Riffle was prosecuting attorney from 1872 to 1876, and was a son of David Riffle, one of the early pioneers. He was born in Darke county in 1845, attended normal school at Lebanon, taught school, was admitted to bar in 1868. He re- moved to Kansas City and was killed in a railroad wreck in December, 1890.
Henry Calkins was prosecuting attorney two terms from 1877 to 1881. Like his brother he was born in Pennsylvania. was a student in Delaware college two years, afterwards stud- ied medicine at Cincinnati. In August, 1862, he went out as captain of Company C. Eighty-seventh Indiana Volunteer serving in Kentucky and Tennessee. He was police judge of Jerseyville, Illinois, in 1868 and came to Greenville in 1874. engaging in the law business with his brother, Charles. One of the most important criminal cases of this county was the trial and conviction of Monroe Roberson for the murder of Wiley Coulter. Crime has had its votaries here as else- where, but in no undue proportion. Murders have been com- mitted, and there have been trials, convictions and escapades, but this particular case becomes historical from the fact that it is the first instance where the dread conclusion has been a
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sentence of death on the gallows, which sentence was carried out in this county. The difficulty between the two men that led to the murder occurred at Painter Creek in Darke county, a point nine and one-half miles from Greenville. Following some hard language, Coulter while attempting to make his escape, was pursued and fired upon by Roberson. Three several and deliberate shots were discharged and Coulter fell to the ground mortally wounded and soon died. His allailant was taken to Greenville, tried at the February term, 1880, and sentenced to be hung on July 16 of the same year. Governor Charles Foster gave him a respite. The doomed man was a native of Tennessee, forty-five years of age, had served in the army, was a hard drinker and had lived about twelve years in the county. His victim was his wife's brother, who lived from childhood in the family, and was at the time of his death about twenty-three years old. Prosecuting Attorney Henry Calkins was assisted by Messrs. Anderson, Allen, Calderwood and Charles Calkins. Roberson was hung on a scaffold erected between the court house and the jail on Friday, August 20, 1880.
Succeeding Calkins as prosecuting attorney in 1880, came John C. Clark, whose fuller record can be found on preceding pages.
James Calvin Elliott was next prosecuting attorney for Darke county, being elected in 1885 and re-elected for another term of the three years in 1888, thus serving until January 1. 1892. Mr. Elliott was born in Preble county, Ohio, in 1847. of Scotch-Irish ancestry. He was a student at Miami Univer- sity at Oxford and during the war of rebellion served his country in Company A, One Hundred and Fifty-sixth Ohio Volunteer Infantry. After studying law and being admitted to the bar at Eaton, in 1870, he came to Darke county four years later, since which time he has been in active practice. During his term of office he sent thirty-five men to the pen- itentiary, including Chris. Oelschlaeger, accused and con- victed of killing his mother-in-law, Charlotte Leis, who re- ceived three fatal stabs and other wounds. He was assisted by John W. Sater, the attorneys for the defense being An- derson & Bowman.
The next prosecuting attorney was S. Val. Hartman, son of C. B. Hartman, of Weaver's Station. He was born in Mont- gomery county in 1864 and spent his youth in Neave town- ship and attended the high school at Greenville, Ohio. After
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teaching two years he entered the National Normal Univer- sity at Lebanon and upon his return to Greenville, read law with Judge J. M. Bickel and Judge J. I. Allread, being ad- mitted in 1890. He served for a period of six years as prose- cuting attorney until 1898.
During part of Hartman's term he was seriously ill and the court appointed Walter Scott Meeker to temporarily take his place. W. S. Meeker, son of Judge Meeker, was born in Greenville, September 25. 1862, and graduated from the Greenville high school at the age of twenty ; studied law under his father and took a full course in the law department of the University of Michigan, graduating in 1886 with the degree of Bachelor of Laws. He was admitted to the bar the same year and began practice in Greenville. He is now a member of the firm of Meeker & Gaskill.
Arthur L. Clark was the next incumbent of the office under consideration serving from 1898 to 1904. He was born near Washington, in 1873 and attended the schools of his native city : being admitted to the bar in 1895. He was a brother of Judge Clark with whom he practiced law for a number of years until he moved west.
Clark was succeeded by Henry L. Yount, who was born in Miami county in April, 1865, and has made his way in the world since the age of fifteen years, at which time he was left an orphan. He acquired a good common school education and afterwards worked as a farm hand and attended district school during the winter. He prepared for teaching and at the age of twenty years entered upon that profession in the district school of Adams township, Darke county, Ohio, where he was employed at intervals for seven years. He pursued a special course of study in the Ohio Normal University, at Ada. Ohio, received a degree and during his summer vacations conducted a teachers' institute. He was subsequently presi- dent of the board of teachers' examiners, superintendent of the Bradford schools, mayor of Bradford and deputy county clerk. In the Ohio National Guard he rose from the ranks to lieutenant, later captain and at the time of his resignation. was a major in the Third Ohio Infantry. He was prosecut- ing attorney from 1904 to 1909 and subsequently served two terms in the Ohio Senate.
The next prosecuting attorney was John F. Maher, born in Greenville. June 7, 1876. His father, Patrick H. Maher, was born in County Tipperary, Ireland, and came to this county in
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1864. John F. attended the public schools and St. Mary's In- stitute at Dayton, graduating after taking a four-years course, in June, 1896. After returning to Greenville he secured a position in the old Greenville bank during which time he studied law, and was admitted to the bar in June, 1900. He has taken an active part in politics and in November, 1908, he was elected prosecuting attorney and two years later re- elected. For a period of years county commissioners of this county had been suspected of irregularities in office and state authorities in examining records and vouchers found those suspicions well grounded. Indictments were returned against the commissioners, their clerk, a janitor in the court house and some contractors, who appeared to have been un- duly favored by the commissioners. One commissioner was found guilty and was sentenced to the penitentiary for one year and later another was found guilty and sentenced for three years. Others indicted were found guilty of having is- sued false vouchers and of raising vouchers, and the case gave Darke county an unenviable notoriety over the state. Prose- cuting Attorney Maher was assisted in the trial of this case by D. W. Bowman, whose biography appears in the other volume of this work, and by Adam H. Meeker. oldest son of James T. Meeker, referred to under the bench.
Adam H. Meeker spent his boyhood days in Greenville, spent a year in the literary department of the University of Michigan, being admitted to the Greek letter fraternity Delta Tau Delta. Subsequently he returnd to Ann Arbor and grad- uated from the law department in June, 1885. He served two terms as mayor of the city of Greenville and after the elec- tion of President Wilson was appointed postmaster.
L. E. Kerlin is the present incumbent of the office of prose- cuting attorney. He was born in Greenville, Ohio, in 1877, and is a son of the late William K. Kerlin. He spent his boy- hood days in Greenville, where he attended the public schools and graduated in 1898, afterwards graduating from the Cin- cinnati Law School in 1902, whereupon he took up the suc- cessful practice of law in Greenville, also serving two terms as city solicitor.
An important person in the administration of the affairs of the county is the sheriff and for want of available material and data of this chief ministerial officer and administrator of affairs within a county, we must content ourselves with giving only a list of names as follows: Moses Scott. 1816 to
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1820; William Scott, 1821 to 1824; Mark T. Mills, 1825 to 1828; Joshua Howell, 1829 to 1830; John Howell, 1831 to 1834; James Craig was appointed but died and Willian Vance served until 1830. David Angel, 1835 to 1839; David Stamm, 1839 to 1842; Thomas Vantilburg, 1843 to 1847; George W. Coover, 1848 to 1850; Thomas Vantilburg, 1851 to 1855; Joshua Townsend, 1856 to 1860; Oliver H. Long, 1860 to 1863; Gavin W. Hamilton, 1864 to 1860; Chauncey Riffle, 1866 to 1867; A. N. Vandyke, 1868 to 1872; N. M. Wilson, 1872 to 1875; John W. Hall, 1876 to 1879; Jerry Runkle, 1880 to 1883; Thomas Lecklider, 1884 to 1887; David E. Vantil- burg, 1888 to 1889: John Welker, 1890 to 1893; H. C. Jacobi, 1894 to 1898; William Runkle, 1898-1901 ; Milo Smith, 1902- 1903; Frank Smith, 1903 to 1906; John F. Haber, 1906 to 1910, and the present incumbent since 1910 is John C. Burns.
Another important officer in the procedure of the court is the clerk, whose general duties are to endorse and file all papers, to enter all orders, decrees and judgments. The fol- lowing list is fairly accurate: Elinas Bascom, appointed in June, 1817, for one year: Easton Morris, appointed in June, 1818, for seven years; David Morris, appointed in 1825, for seven years, but died in 1829, and L. R. Brownell served as clerk pro tem from August to November of that year; John Beers then served from 1829 to 1850; David Beers then served a few months, after which Joseph W. Frizell was appointed for a term of seven years, but the new constitution which was adopted in 1852, reduced the term three years. Samuel Robin- son, elected October, 1854; William C. Porterfield, elected October, 1860, but died before his term was out, and was stic- ceeded by Henry Miller, who served as clerk pro tem until October, 1862, when he was elected and served two terms; Hamilton Slade, elected in 1868; Wesley Gorsuch elected in 1873 and John H. Martin filled three months of the unexpired term following Gorsuch's resignation; then John H. Martin was elected in 1879, and served until 1886. Patrick H. Maher, 1886 to 1892; Jacob R. Stocker, 1892 to 1898; F. G. Wiley, 1898 to 1904: George York, 1904 to 1909; J. E. Williams, 1909 to 1913 and the present incumbent is Ed Shafer.
The Bar.
Now will follow a short sketch of the attorneys who prac- ticed at this bar, using such information as I have been able
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to obtain from articles in newspapers and in conversation with the present members of the bar. It can not be claimed that the list is complete nor that what is written will disclose the relative merit of those referred to.
The lawyers who attended the courts at Greenville in the early days were from Dayton, Hamilton, Eaton, Troy, Sidney and Lebanon. The resident bar at Greenville for several years consisted of John Beers only. This able lawyer settled here very early in the history of our county, perhaps immediately after its organization in 1816. He acted as prosecutor of the county several years prior to 1830. Prosecutors were then ap- pointed by the court. We have heretofore given a sketch of his life and services.
In the early days among the lawyers from Dayton who practiced at the bar in Darke county were Joseph H. Crane and George B. Holt, to whom extended reference has been made under the bench.
William Stoddart, a man of medium heighth, but heavy set was also a practitioner from Dayton. He was not a fluent speaker and his practice was chiefly confined to probate mat- ters.
In the forties other lawyers from Dayton were at each term, among them was Charles Anderson, a tall somewhat slender youth of light hair, blue eyes and fair complexion. Mr. Anderson was subsequently elected lieutenant gov- ernor of Ohio, at the time John Brough, and by the death of that functionary, became governor of Ohio. He had served as prosecuting attorney of Montgomery county and also in the State senate in 1845. His brave, chivalrous nature there found expression in a bold single-handed assault upon what were known as the black laws of Ohio-one provision of which prohibited negroes from testifying in courts of justice. Although a native of Kentucky, born and reared in a slave- holding family, he was the first man in the legislature of Ohio to raise a voice in protest against these laws. It was many years before public sentiment advanced so far as to demand their repeal.
At the close of his senatorial term. Anderson made a visit to Europe, and upon his return went to Cincinnati, where he formed a law partnership with the Hon. Rufus King. Cin- cinnati supplied a most congenial place of abode to Mr. An- derson, being the place of residence of his brother Larz, one of its most eminent and esteemed citizens, and embracing a
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very large society of gentlemen as well as ladies, of the higli- est culture and social distinction. Returning to Dayton along in 1855, he resided there until his precarious state of healthi induced him to remove to Texas, where he remained until the breaking out of the rebellion. Becoming known as a pro- nounced union man, he was placed under arrest by the seces- sion authorities in Texas, and his property confiscated. He effected his escape and was entrusted by President Lincoln with a special mission to England, to attempt to stem the tide of opposition to the union cause in that country, but found the task hopeless, and returned to the United States. He went into the field as colonel of the Ninety-third Ohio Regi- ment, raised in Montgomery county and was wounded at the battle of Stone River. His wounds and exposure impaired his health and after his service as governor of Ohio, he settled upon a tract of land in southern Kentucky, where he resided for many years widely known and honored as a- hospitable, chivalrous and accomplished christian gentleman.
Another Dayton lawyer, who frequently attended our court was Daniel A. Haynes, who was a sprightly little fellow full of zeal, fun, a good lawyer and fluent speaker. He was elected first judge of the superior court in 1856 and was continu- ously on the bench of the superior court until 1870, when he resigned to enter into a partnership with Hon. C. L. Vallan- digham.
Among the early attendants at our court of the members of Butler county were Tesse Corwin (brother of Tom Corwin ) heavy set. tolerably tall and of dark complexion. John Woods was here a few times. He was o' medium size. well built, his forehead receding sharply from the brow, a fluent speaker, but a very squeaking and rather unpleasant voice. . About 1837 or 1838. I. B. Campbell from that county, began to attend our court. He was tolerably good speaker, confined himself to the facts in his case and seldom attempted flourish. Drifting into his natural current of politics, he became entirely ab- sorbed by his ambition for congressional honors, which he finally achieved, serving six terms.
From the bar of Preble county our court was attended from its organization, J. S. Hawkins being always present. He was rather a small man, a fluent speaker, always listened to by court and jury, and a delighted bystander. of which the court house in those days was always full. About 1834 or 1835 he was engaged to defend Jacob Hartle, who was ac-
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cused of having forged a receipt for money by one of the heirs of estate of which he was administrator. This was the hottest case that had ever came before our court. J. M. U. McNutt, an exceptionally bright young man, was the State's attorney at the time. He was also of the Preble bar. As the case progressed, the wrestling between the two became harder. Now very dark for the accused, then again bright and confident for the defense. The community was about equally divided when the jury went to their room. Long and anxious hours slowly crept by, suspense was on tip-toe, but at last it was announced that the jury had agreed. The court house was crowded to suffocation. The verdict was handed up to the court, who read it, then handed it to the clerk, who slowly and distinctly read it: "We, the jury, find the defen- dant not guilty." The court house was soon emptied. Then it was that the friensds of Hartle rolled a barrel of wriskey into the public square, knocked in the head and everybody was getting drunk, when some one, seeing the situation, threw into the barrel, a peck of salt, which spoiled the whiskey. Hawkins died about 1849, the first victim of Asiatic cholera in Eaton.
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