USA > Ohio > Hamilton County > History of Hamilton County, Ohio, with illustrations and biographical sketches > Part 58
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The legislature-of the territory or State-never again met in Cincinnati. Before the time to which the terri- torial assembly was prorogued had arrived, Congress passed an act, approved on the seventh day of May, cre- ating the Indiana Territory, and making "St. Vincennes, on the Wabash river," the seat of government for that territory, and "Chillicothe, on the Sciota river," the cap- ital of the Northwest Territory. The latter was also the first capital of the State, and remained such, with an in- terval, until the seat of government was permanently fixed at Columbus. In 1801, however, the legislature of the territory voted to return the capital to Cincinnati, in consequence, it is said, of riotous disturbance and insults offered in Chillicothe to the governor and several mem- bers of the legislature. But the law was never executed, by reason of the measures that were taken to form the State government, and the consequent failure of the ter- ritorial legislature to meet upon the next appointed day.
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HISTORY OF HAMILTON COUNTY, OHIO.
CHAPTER XIX.
COURTS AND COURT HOUSES.
Nought is on earth more sacred or divine,
That gods and men do equally adore, Than this same virtue, that doth right define ; For the heavens themselves, whence mortal men implore
Right in Their wrongs, are ruled by righteous lore. EDMUND SPENSER, "Faery Queen. "
JUDGE LYNCH'S COURTS.
The first arrangements in the Miami country for the protection of person and property against lawlessness were necessarily somewhat rude and informal. What Judge Burnet, in his valuable Notes on the Northwestern Territory, says in a general way of the earlier Ohio colonies, is doubtless equally true of those which presently dotted the shore between the beautiful Miamis. His remarks and illustrations are these :
When these settlements were commenced by emigrants who resorted to them, early in 1788, provision had not been made for the regular administration of justice. Judicial courts had not been organized, and the inhabitants found themselves in an unpleasant situation, as they were exposed to the depredations of dishonest, unprincipled men, without the means of legal redress. To remedy that evil, the people assembled to consult and devise a plan for their common safety ; they chose a chairman and a secretary, and proceeded to business. The meeting resulted in the adoption of a code of by-laws for the govern- ment of the settlement, in which they prescribed the punishment to be inflicted for various offences, organized a court, established the trial by jury, appointed Mr. McMillan judge and John Ludlow sheriff. [Judge Burnet here evidently refers lo a meeting in Cincinnati, which must have been several months, at least, later than "early in 1788."] To the regulations they all agreed, and each gave a solemn pledge to aid in carrying them into effect. It was not long before a com- plaint was made against Paddy Grimes, for robbing a truck-patch, on which the sheriff was commanded to arrest him and summon a jury for his trial. The order was obeyed, and on hearing the evidence the jury found him guilty, and he was sentenced to receive twenty-nine lashes, which were inflicted in due form on the same afternoon. Other complaints of a similar character were made ; but, in consequence of the interference of the officer in command of the garrison, no further decisive proceedings were had, and this useful tribunal, organized for self-protection, on the genuine principles of Judge Lynch, was abandoned-but not without a serious conflict between the citizens and the military, in which Mr. McMillan received very serious and permanent injuries.
THE ESTABLISHED COURTS.
The first regular court organized for Hamilton county was that ordained by Governor St. Clair at Fort Wash- ington, when the county was proclaimed, January 4, 1790, and designated in the elaborate old fashion as the court of common pleas and of general quarter sessions of the peace. The first session of the court seems to have been held on the ensuing second of February, at which were present William McMillan, presiding judge, Wil- liam Wells and William Goforth-William I, II, and III, judges; Jacob Tapping, justice; John Brown, sheriff; Levi Woodward and Robert Wheelan, constables. Pro- vision had been made for such courts by a law of the territorial government, proclaimed at Marietta, August 23, 1788, which soon superseded, in the settlements rapidly springing up thereafter, the extemporized courts of Judge Lynch.
'The territorial court was also held from time to time in and for Hamilton county. The "docquet" of the first session held in Cincinnati is still extant, and is a
literary as well as judicial curiosity. It is as follows, Verbatim :
DOCQUET
of the first general court, of the territory of the United States north- west of the river Ohio, held within and for the county of Hamilton, which commeneed at Cincinnati on October the fourth, in the year of our Lord, one thousand seven hundred and ninety, and of the inde- pendence of the United States of America the fifteenth.
October 4, 1790, eleven o'clock, A. M., Monday.
The Honorable Judge Turner, escorled by the sheriff and attended by the clerk and other judicial officers of the said county, present. Court opened agreeable to proclamation at the instance of the honora- ble the judge, above mentioned, whose commission being openly read, and the necessary proclamations duly made for the judicial and minis- lerial officers of the county to make their return, the sheriff presented his list of grand-jurors summoned:
Of Cincinnati-1, Jacob Reeder; 2, James Wallace; 3, James Cun- ningham; 4, Francis Kennedy; 5, John Cummings; 6, John Vance; 7, John Terry; 8, Seth Cutter; 9, Richard Benham; 10, James Burnes; II, Luther Kitchell; 12, Henry Taylor; 13, Nathan Dunnals; 14, Joseph Cutter; 15, David Logan; 16, Abijah Ward. Of Columbia-17, Ben- jamin Davis; 18, Elijah Mills; 19, Samuel Newell; 20, William Gerrard; 21, Elijah Stites; 22, James Matthews; 23, John Manning; 24, Na- thaniel Stokes.
Returned lo serve, the first sixteen, viz: 1, Jacob Reeder; 2, James Wallace; 3, James Cunningham; 4, Francis Kennedy; 5, John Cum- mings; 6, John Vance; 7, John Terry; 8, Seth Cutter; 9, Richard Ben- ham; Io, James Burns; 11, Luther Kitchell; 12, Henry Taylor; 13, Na- than Dunnals; 14, Josiah Cutter; 15, David Logan; 16, Abijah Ward.
One judge only atlending, court, without proceeding to business, was adjourned until eleven o'clock of to-morrow, A. M.
Tuesday, fifth October, 1790.
Court opened pursuant to adjournment. Present, Honorable Judge Turner. Absentees (grand-jurors), Francis Kennedy, John Cummings, Luther Kitchell, David Logan.
Proclamations duly made, couri was adjourned till twelve o'clock at 'noon to-morrow.
Wednesday, sixth October, 1790.
Present, honorable Judge Turner. Court opened pursuant to ad- journment. Absentees of yesterday obtained a remission of their re- spective fines. Necessary proclamations being made, court was ad- journed, ut supra, until twelve o'clock, at noon, to-morrow.
Thursday, seventh October, 1790.
Court opened agreeable to adjournment. Present, Honorable Judge Turner. Absentees (grand-jurors), Seth Cutter, Richard Benham, Luther Kitchell, Joseph Cutter.
Court adjourned until twelve o'clock, at noon, to-morrow.
Friday, eighth October, 1790.
Court opened pursuant to adjournment. Present, Honorable Judge "Turner. Joseph McHenry attended to serve on the grand jury. The same jurors absent to-day that were yesterday.
Court adjourned until twelve o'clock, at noon, to-morrow.
Saturday, twelve o'clock, ninth October, 1790.
Court opened agreeable lo adjournment. Present, Honorable Judge Turner. Grand jurors absent-John Terry, Nathan Dunnals, likewise the absentees of Thursday.
Court adjourned until five o'clock of this day, afternoon.
Eodem Die, five o'clock, afternoon.
None of the judges present, the sheriff proceeded to adjourn the court without delay.
No business entered upon at this term by reason of there not being present, of the honorable the judges, a number sufficient to constitute a quorum.
[Signed]
W. MCMILLAN,
In behalf of John S. Gano, deputy to Israel Ludlow, clerk.
Some notes have also been taken for this work from the records of the first session of the general court of quarter sessions of the peace, held in Cincinnati Febru- ary 2, 1790. Present, Judges Goforth, Wells, and Mc- Millan, Justice Jacob Tapping, Sheriff John Brown, and Constables Levi Woodward and Robert Wheelan. A recognizance was returned against Josiah White, for slandering Jacob Tapping, esquire. The accused put in
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HISTORY OF HAMILTON COUNTY, OHIO.
an appearance and offered an excuse, which procured his release. The grand jury brought in no bills, and were discharged. Sheriff Brown protested to the wor- shipful court against any and all accountability in keep- ing prisoners, there being as yet no jail.
May term, 1790 .- Present, the judges, justices, constables, and sher- iff. The commissions of the peace and the governor's proclamation were read. The names of grand jury were called; Robert Benham, foreman. Adjourned to 2 P. M.
On sitting again, Abel Cook was called up for breach of the peace; also Josiah White, for selling liquor to soldiers; also Jacob Tapping, esq., for possessing four shirts and one pair of stockings, bought from a soldier; another count of the same sort appeared against the said Tapping. A call was ordered for Sylvester White and David Strong, for having "on account" public clothing. 'The same charge was made against Scott Travers, viz : that a pair of overalls and a woolen vest belonging to the Federal service were found in his posses- sion. Abel Cook plead guilty to hitting James Sowards, and was fined fifty cents. Thomas Cochran had fifty cents fine for selling whiskey. Tapping was fined seventy-five cents, and Scott Travers was let off. White failed to put in his appearance. Captain David Strong cleared up the matter as to his acquaintance with Tapping's clothes business, and was dismissed. The jury came in with a bill against Asa Harts- horn, Mahlon Ford, and David Strong for thrashing Isaac Taylor. The court adjourned.
We have also the following memoranda from the higher court:
1792. SUPREME COURT OF THE TERRITORY.
John C. Symmes, judge. Present, six justices-William Goforth, William Wells, William McMillan, John S. Gano, George Cullum and Aaron Caldwell; Joseph Le Sure, clerk pro tem .; Robert Bunten, cor- oner; John Ludlow, sheriff; Isaac Martin, sub-sheriff; Benjamin Orcutt, crier; Robert Wheelan, Samuel Martin, Sylvanus Runnels, constables. The grand jury was called over, David Davis, foreman. The jury retired. Witnesses were called for the United States court business, assaults and habeas corpus. "Job, a negro man, vs. John Tanner;" also United States vs. James Mays, for the murder of Mat- thew Sullivan; Same vs. Joseph Paxton, as accessory with Mays; Same vs. George Turner, on certiorari; Same vs. Matthew Winton and Matthew Derough, charged with riot. The sheriff called forty- eight names, from which these twelve were chosen to try Mays: Rob- ert Benham, Robert Mitchell, Samuel Dick, Benjamin Jennings, Mat- thew Winton, Henry Pickle, James Dement, Charles Bruce, William Kelly, Samuel Rolston, James Miller, Steward Wilkins.
Mays was convicted and duly hanged by Sheriff Ludiow.
In this case Mr. Dunn was prosecutor, and Messrs. Goudy and Smith were counsel for Mays. The jury out an hour, and came in with a verdict of "guilty." The court received the verdict in the house of Isaac Martin.
SOME CHANGES.
June 1, 1795, Governor St. Clair and Judges Symmes and Turner, sitting in legislative session at Cincinnati, as noted in Judge Symmes' letter in the last chapter, passed an act reconstructing the courts of general quarter ses- sions of the peace and of the common pleas, after a plan borrowed from the statutes of Pennsylvania. The former was to meet four times a year, and to be composed of the justices of the county nominated by the governor, sitting together in bank, any three of whom, but not less, might hold a session. This court might hear and determine all criminal cases in which the punishment prescribed did not exceed one year's imprisonment, nor involve life or limb, nor forfeiture of goods and chattels, or lands and tenements to the government of the territory. In and out of sessions, the justices, or any of them, might take all kinds of recognizances, whether for good behavior, keeping the peace, or for appearing at a superior court, or might commit to jail. Any justice, out of sessions,
might hear and determine petty crimes and misdemean- ors, if punishable by fine only, and that not exceeding three dollars, and might assess and tax costs in such cases. The term of the quarter sessions could not ex- tend beyond three days.
The court of common pleas was constituted of justices appointed by the governor, of whom three would make a quorum. Terms were to be held three times a year, and of a length according to the business before them. This court might hold pleas of assize, scire facias, replevin, and sundry suits and causes; might hear and determine all manner of pleas and actions, civil, personal, real, and mixed, according to law. All writs ran in the name of the United States of America, and bore the name of the presiding justice of the court and the prothonotary or clerk. They were executed by the sheriff, or in case of his death or resignation, by the coroner. The common cases before these courts in the early day were on charges of fighting and for debt and trespass.
The first State legislature provided for a supreme court and for courts of common pleas-one session of the for- mer and three sessions of the latter to be held in each county every year. The State was divided into three cir- cuits, of which Hamilton, Clermont, Butler, Montgom- ery, Greene, and Warren constituted the first. The judges were elected on joint ballot by the general assem- bly, and held their offices for terms of seven years. The common pleas was composed of one presiding judge and three associate judges, the latter chosen from the people at large.
By the constitution of 1852, Hamilton county was made one judicial circuit, with its own judges of court of common pleas.
THE OLD BENCH .AND DESK.
The Hamilton county courts of course shared in the changes in the judicial system that prevailed under the State constitution throughout Ohio, whose history it is unnecessary to recite here. By the constitution of 1852 the county was made a judicial district by itself, with three judges of the court of common pleas. Under the old system there had been four judges, but one of whom, the presiding judge, was usually from the ranks of the bar, the remainder, the associate judges, being selected from the community at large, presumably for their general good sense and native judicial qualities. Judge Carter, in his volume of Reminiscences and Anecdotes, furnishes the following recollections of the best known of the old judges in Hamilton county :
Of all the judges of former days, perhaps, there was no one so much liked and loved for his genial, generous and whole-souled qualities and characteristics, as Judge Torrence. He was president judge of the old court of common pleas from before the year 1819 up to the year 1832 ; and, although he was not so much of a lawyer, he made a very good judge of the law, and administered justice somewhat like a Solomon or a Daniel. Boy as I was, I remember seeing him presiding on the bench and towering above his associates-for he was the tallest judge, and large and portly in figure and stature ; and he looked upon the bench every inch a judge. He came to this city at a very early day, and soon was a very popular fellow-citizen, for he was fellow-citizen with every- body -- men, women, and children, and all. They all liked and loved him, and they always had a good word to say for him, as he always had a good word to say to any of them.
It has not been very many years since the decease of Judge Torrence
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HISTORY OF HAMILTON COUNTY, OHIO.
at a very advanced age ; and citizens of the present day well remember him as one of the cleverest of men. While on the bench he was never known to say an unkind or rough word to any lawyer or officer of court, or any one else. He invariably preserved his good humor, and his good common sense too.
Judge Carter has also a kindly word for the famous old clerk of the courts:
Major Daniel Gano, the old long-time clerk of the old court of com- mon pleas and supreme court, and quite as long time clerk of the old superior court-who of the old pioneers of this city does not remember him, the finished and thorough clerk of the courts, and the cultured and polished gentleman? He was born and grew up here,
and he lived here, and he died here. Near four-score years of age, he departed this life, which had been rewarded, through the whole long line of it, by the highest regard and esteem of his fellow-citizens. He was a worthy, clever man and most efficient officer, and was certainly one of the best looking men in the city and country. He was distin- guished for wearing a large, perfectly white cambric ruffle down the open bosom of his shirt, adorned with a beautiful breastpin, and the old-fashioned, Revolutionary plaited queue of his hair, tied with black ribbon in a bow and hanging down his back between his shoulders; and even for modern times he never gave it up, and retained in his toilet this mark of the old Revolutionary forefathers of this country, to the day of his shroud and coffin. He was buried with it, and no doubt it is in his grave and flourishing still.
Another character of the old courts mentioned by Judge Carter, was John Stalee, who was deputy sheriff under many administration for a long series of years, and finally died in office, committing suicide by an over-dose of morphine.
The old court of common pleas sat three times a year. It licensed ministers to solemnize the rite of marriage, and also licensed auctioneers, ferries and taverns. The court appointed its own clerk and public prosecutor, and the commissioner of insolvents, an official of that day, the commissioner in chancery, county surveyor, and county inspectors. The associate judges had the power of appointment of the recorder, or of a county commis- sioner, in case of the death, resignation, or removal of the incumbent in office.
THE OLD SUPERIOR COURT
sat but once a year. It was established in 1838, and or- ganized June roth of that year. David K. Este was the first judge. He resigned in 1845, and was succeeded, in order, by Charles D. Coffin, William Johnston, Charles P. James, and George Hoadly. The court was abolished in 1853, during the last incumbency, but revived the next year, with three Judges- Oliver M. Spencer, Bellamy Storer, and William N. Gholson-and a jurisdiction con- current with that of the court of common pleas. Other courts, as district, commercial (opened in 1848) criminal, probate and police courts, have been established from time to time, as the needs for the administration of jus- tice in the city and county have demanded them.
THE COURT HOUSES.
The early courts, according to Judge Burnet, were held in a rented room in the tavern of George Avery, near the frog-pond at the corner of Main and Fifth streets. The building was accordingly adorned with the prescribed instruments of justice in that day, the pillory, the stocks, and a whipping-post, and sometimes a gallows was added. A strong log building on the north side of the public square was occupied as a jail.
The courts in the early day, in part at least, were held in the Gano building on Main street, between Fifth and Sixth. The territorial court met in Yeatman's tavern.
The first court house owned by the county was a rude stone building on the public square, near the southwest corner of Fifth and Main streets, fronting on the former, about where Allen & Company's drug store now stands, but somewhat back from the street, giving room for the erecting of a speakers' stand or bower on the fourth of July and other public occasions. It was built in 1802, and its entire cost is said to have been but three thousand dollars. It was built of limestone, after a plan furnished by Judge Turner, in the shape of a parallelogram, with forty-two feet front and fifty-five feet depth. The walls, including the parapet, were forty-two feet high. A wooden cupola, with four projecting faces, arched and balustraded, twenty feet high, terminated by a dome and resting on a base of twenty fect square, surmounted the whole. The total height to the top of the cupola was eighty-four feet. There were wings for public offices, two-storied and fire- proof, in Judge Turner's original design; but they were not constructed by the county.
THE JAIL
stood on the site of Cavagna's grocery, west of the court house, also facing Fifth street, with the whipping-post, etc., a little way to the front. "Jail bounds" were allowed in that day, and those for Hamilton county are still to be seen marked upon an old document in the county clerk's office.
The first institution of this kind here was moved for as soon as 1792, and was constructed early the next year. Mr. Charles Cist says, in one of his numerous publica- tions :
The first jail here was built early in 1793, and, as everything else in the early days of Cincinnati, was located to accommodate the conven- ience of the bottom interest. It was, therefore, built upon Water street, west of Main street. Although a mere log cabin, of a story and a half in height, and probably sixteen feet square, the ground in its neighborhood being cleared out, it was distinctly visible from the river. Small as it was, it was amply large enough to accommodate the pris- oners, most of whom were in for debt. Neither were its inmates kept strictly within its limits, or even those of the yard adjacent; the prison- ers visited around the neighborhood throughout the day, taking care to return in time to be locked up at night, and on the appearance of the sheriff scampering home in a great fright, like so many rats to their holes.
Judge Symmes wrote from North Bend to Esquire McMillan, December 28, 1792, concerning this proposed institution :
DEAR SIR : I hope that by this time the jail is begun and going on briskly. I hear that the people of Cincinnati are voting on this ques- tion -whether the jail shall be built on the first bottom or the second bank? If you will allow us at North Bend to vote also, our voice is for the second bank most decidedly. Our reasons are: The ground will be had much cheaper-fucl will be had easier and at less expense -- the situation will be more elevated and healthy, in addition to its more magnificent appearance-the soil is much more dry-the prisoners will al no time be drowned in a fresh like pigs in a sty- a great expense will be saved in carting the timber -it is or soon will be in the centre of the town-it will be more convenient than Cincinnati for the people of the other villages in the county -water may be had by digging a well, which ought to be within the liberties of the prison, and if it stood on the banks of the Ohio, a well will be necessary that privileged prison- ers for debt, allowed the liberty, might draw for themselves. But if in- terested motives are to direct our votes, the inhabitants of North Bend
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HISTORY OF HAMILTON COUNTY, OHIO.
vote that the prison be built on Congress green (the public ground in front of the village of North Bend) -a most elegant situation.
Sir, your most obedient servant,
JOHN CLEVES SYMMES.
WILLIAM MCMILLAN, ESQ.
This place of confinement is reported also to have been so insecure that it often cost as much for recaptures as for incarceration. At one time, knowing his man would escape from the "board pile," as the jail was Called, Sheriff Ludlow allowed him twenty lashes and then dismission from further durance vile. This man had robbed a clothes-line. Mays, the murderer who fur- nished forth the first non-military execution in Hamilton county, was kept with more care. Sheriff Ludlow's bill for his keeping stands as follows :
November 15, 1792.
Hamilton county, to John Ludlow, sheriff, -. Dr. Boarding James Mays after sentence, execution expense, gallows and grave. £15 85. 9d
This bill was not paid until six years later.
A second and larger jail soon became necessary, and a new one was put up late the next year at Stagg's cor- ner, the southeast, of Walnut and Sixth streets. It was in size fifteen by twenty feet only, but was two stories high, built of hewed logs, with "lapt-shingle" roof. About a year thereafter, eight yoke of oxen, belonging to the garrison of Fort Washington, and in charge of Cap- tain Thorp, quartermaster, assisted by John Richardson, were employed to remove it to the lot at the corner of Church alley and Walnut street, where it remained for some years. The following unique notice, published by an unlucky debtor in the Cincinnati Spy for November 4, 1799, is supposed to have emanated from this minia- · ture bastile :
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