USA > Ohio > Hancock County > History of Hancock county, from its earliest settlement to the present time > Part 4
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Prior to 1831 the courts had been held in the old log school house, but now increased business demanded in- creased facilities for its transaction. The minds of the peo- ple had been prepared for a building such as was needed, and the financial condition of the county was such as to permit its erection. Whereupon the County Commissioners at their December session in 1831, ordered, "that advertise- ments be posted up in three public places, for constructing, putting up and furnishing a frame in the village of Findley, etc.," and here I may be pardoned for copying at length from the records, to show not only the kind of building in- tended to be erected, but as also showing the degree of ex- actness in which the plans and specifications were intended to be placed before competitors for the contract. I say in- tended, for a careful perusal of the specifications will show a degree of ambiguity not intended by the Commissioners. But to the record. "The building to be twenty-four feet by thirty-six feet, two stories high. Lower story to be nine feet in the clear, and the upper story eight and a half feet in the clear. Lower story to have a hall or entry eight feet wide, through the center, with good partitions on either side of planed boards. The one end to be divided by a par-
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History of Hancock County.
tition through the center, dividing it into equal parts. good substantial flight of stairs to be put up in the entry. One front door, one back door to said entry, both to be of panelled doors, the front one to have four lights over it. Four twenty-light windows in front, and two back of twenty lights each in lower story, and five twenty-light windows in front in upper story and three same size back. Glass to be eight by ten, and well puttied in. The upper story to be ceiled with three-quarter boards, planed, tongued and grooved. A good joint shingle roof to be put on. The building to be underpinned with a good, rough stone wall, laid in lime and sand mortar, raised eighteen inches above the surface. With plain door into each room, all the doors to be hung with three-inch cast iron butts, the lower floor to be laid out of white ash boards, not to exceed six inches in width. The upper floor to be of white or blue ash boards of the same width ; both floors to be tongued and grooved, and joints broken, and well nailed. The sills, posts and sleepers of the frame to be of white oak, the studding not to exceed two feet from center to center, joists same dis- tanee apart. Good sufficient locks on all the doors, and plain latches and handles. Plain eavetroughs and cornise. The front to be weatherboarded with poplar, plained, and the remainder with black walnut, rough. A washboard and chairboard up stairs and down, a plain bannistering to the stairs, together with substantial bannistering at the top of the stairs."
The Commissioners met on the 16th day of January, 1832, the time appointed for opening the bids for the above work. Two proposals were handed in-one from Mathew Reighley for seven hundred and fifty dollars, and one from William Taylor, Frederick Henderson and Jonathan Parker
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The First Court House.
for seven hundred dollars, which last was accepted, and I infer that the work was well and satisfactorily done, and accepted by the Commissioners, although there is no record of that fact.
In June, 1833, the Commissioners met and received pro- posals for plastering the Court House, when the bid of Par- lee Carlin was accepted, the price, hewever, was not named. Whereupon, Parlee Carlin entered into a bond to lath and plaster the several rooms in the Court House in a durable and workmanlike manner, and complete the same by the first of November next. This job too, was no doubt com- pleted according to contract and accepted by the Commis- sioners, although the records are silent on the subject.
The building was erected on the southwest corner of Main and Putnam streets, the site now occupied by the "Wheeler Block," and was used as a Court House, school house and church until the completion of the present Court House in 1841. The old Court House has since been re- moved to the south part of Main street, just north of the First Presbyterian Church, and is occupied by Jacob Carr and family as a residence. After having served as a Court House it was for many years used as a hotel.
The County Commissioners were very solicitous about the good usage and the authorized occupancy of this new struc- ture, and passed not a few orders touching the matter, and prescribing the terms on which it could be occupied.
In March, 1833, the Commissioners met "and examined the Court House, and accepted it." At their. December session, 1834, it was "ordered that the Auditor do cause to be erected in the Court House a suitable seat for the Court. Also that he do procure two sets of chairs for the Court room."
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History of Hancock County.
At the session of December, 1836, "Ordered that all re- ligious societies be prohibited from holding meetings in the Court House after the 1st day of January, 1837." This was rather rough on the churches, and I have been unable to find a reason for the order.
But the authorities soon relented, if indeed they ever at- tempted to enforce the order, for at their very next session, that of March, 1837, the records show this action : "Ordered that the Presbyterian Church and the Methodist Episcopal Church, of the town of Findley, each pay into the Treasury of Hancock County the sum of seventy-five cents per month for the time they occupy the same, for the use of the Court Room for religious purposes, to commence from this date."
At the same session it was "Ordered that the Directors of School District, No. one, in Findley township, pay into the County Treasury at the rate of Eleven dollars for six months, for the use of the Court Room for a district school."
Finally, at the session of the Commissioners held in March, 1840, it was "Ordered that the Auditor of the county of Hancock offer the lot that the old Court House stands on, including said building, at public sale, one third of the purchase money in hand, the balance in two equal annual payments, on the third Saturday of May next, ad- vertising the same thirty days previous to the day of sale." The property was sold to one Jacob Barnel.
Thus ended the use of said building for legal purposes, for the county had outgrown so small a temple of Justice, and had already erected, or had in process of erection the present Court House, which, however shabby and inferior it now seems, was at the time of its building regarded as a massive structure, and in beauty and finish, was regarded a
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The Present Court House.
triumph of architectural skill. Now it is regarded as being entirely too old fogyish for our present wants, as well as wholly inadequate for the proper transaction of the neces- sary business of the county.
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History of Hancock County.
CHAPTER VIII.
EARLY COURTS -- FIRST JUDGES -- FIRST JURIES.
T HE early history of our Courts is one of interest. We learn from the recorded proceedings, the simplicity of such courts, their cheapness, and the promptness with which business was transacted. Under the Constitution of Ohio, adopted in 1802, the Judicial power of the State, both in law and equity, was vested in a Supreme Court, in Courts of Common Pleas for each County, &c. Sec. 3 of the Constitution provided : "That the several Courts of Common Pleas shall consist of a President and Asso- ciate Judges. There shall be appointed in each county, not more than three, nor less than two Associate Judges, who during their continuance in office shall reside therein."
These Judges were appointed by a joint ballot of both Houses of the General Assembly, and held their office for the term of seven years, if so long they behaved well. Such were the provisions of the Constitution, and when Hancock became a separate and distinct County, three of her citizens were honored with the appointment of Asso- ciate Judges.
In March, 1828, Abraham Huff, Robert McKinnis and Ebenezer Wilson were appointed by the Legislature. We find the record of their first meeting, or the first court held in the county : " At a special court begun and held in the town of Findley on the 14th of March, in the year of our Lord, one thousand, eight hundred and twenty eight, pres-
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The First Courts.
ent, Honorables Abraham Huff, Robert McKinnis and Ebenezer Wilson, Judges of and for the County of Han- cock, and State of Ohio, and proceeded to appoint a Clerk. pro tem., and after consideration, appointed Wilson Vance, and gave him the following certificate of his appointment in the following words and figures, to-wit: 'Know all men by these presents, that we, Abraham Huff, Robert McKin- nis and Ebenezer Wilson, Associate Judges, in and for the County of Hancock, have this day met at the school house in the town of Findley, in said county, and after consultation and deliberation, have proceeded to appoint by living voice, Wilson Vance, Esq., of said county, Clerk, Pro tem., at Findley, this 14th day of March, 1828.'
ABRAHAM HUFF, ROBERT MCKINNIS, EBENEZER WILSON, Associate Judges.
The vote stood, ayes two, nays one. Mr. Vance was sworn into office by Judge MeKinnis."
The office of Clerk, was held by Mr. Vance as clerk pro tem., under the provisions of Sec. 7, Art. 3, of the Consti- tution of 1802, which recited : "That each Court shall appoint its own Clerk, for the term of seven years, but no person shall be appointed Clerk except pro-tempore, who shall not produce to the Court appointing him a certificate from a majority of the Judges of the Supreme Court, that they judge him to be well qualified to execute the duties of the office of Clerk to any Court of the same dig- nity, with that for which he offers himself." There is a litle sprinkling of " civil service reform " in that.
The first Judicial officers of the county deserve more than a passing notice. Many who are now living, and who had an acquaintance with them, can no doubt bear witness to
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History of Hancock County.
their fidelity to business, and their fairness in the discharge: of their duties, and to their unsullied character as men.
Judge Robert McKinnis was born in Butler County, Pennsylvania, and removed from thence to Ross County, Ohio, and from thence, in 1822, he came to Hancock, where he at once became one of the leading spirits of the then new settlements in the county. Judge McKinnis married before his emigration to Ohio, and was surrounded by a grown up family when he came to this county. He was of Scotch-Irish descent, and combined the frankness of the Scotchman, with the warm jovial hearted Irishman.
Not only was the Judge himself a noted man, but his sons, of whom there were four, Charles, Philip, James and John, were men who were trusted by the early settlers with positions of responsibility, which positions were always. filled with intelligence and honesty. Charles was one of the first Commissioners of the County, a position which at that time, was one of peculiar importance. The affairs of a new county were to be put in shape, all the conflicting interests of rival settlements to be harmonized, public buildings and public business were to he looked after. To safely and successfully manage, and control all these with economy, and to the "best interests of a poor struggling population, required'discrimination, decision and patience. Mr. McKinnis did not fail in these qualifications.
Judge McKinnis was the owner of a good farm in Liberty Township, on the south bank of the Blanchard, and lived to enjoy the fruits of his toil. In after life, and when quite advanced in years, he made several trips to the far west, some of his children having removed there, going and returning alone in his wagon. He died at a ripe old age,. loved and respected by all who had his acquaintance.
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First Judges.
Judge Ebenezer Wilson came to the county in 1826, and settled in Liberty Township, on the farm on which his son Joseph now resides, where he continued his residence until his death. Of the Judge, it can be said that as a man, he enjoyed the respect and confidence of his neighbors to an unlimited extent. That he filled the office of Associate Judge, with intelligence and honesty, is evidenced by the fact that he held the office for two terms -- fourteen years-a greater length of time than did any other. The Judge was one of the Pioneers of the Presbyterian church, and was noted for his exemplary life. He had a large family of children. who like the Judge, were social, good natured people. The Judge lived long enough to reclaim from the wilderness, and enjoy the blessings of one of the handsomest farms in the county, to see those who had come to the wilds of the county with him, peaceably enjoy the fruit of their labor, and he had the good fortune to retain to the last the esteem and friendship of his old pioneer associates.
I have not been able to ascertain at just what time Judge Abraham Huff came to the county, but it was a very early period in its history. There seems to be but little known of his history by those living. I have learned this much, however, from some of his old acquaintances, that he was an honorable, straight forward man, of good strong common sense, and was an upright, intelligent Judge. He was a man of poor bodily health, and left the county at an early day, and went to the State of Missouri, in hopes of regain- ing his health, in which he partially succeeded, but he has been dead many years.
The first Court of Common Pleas held in the county, was the June term 1828, and the following is a complete record of the term.
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History of Hancock County.
"At a Court of Common Pleas begun and held in the town of Findley, in and for the county of Hancock, in the State of Ohio, on the third day of June, in the year of our Lord eighteen hundred and twenty-eight. Present; the Associate Judges, Abraham Huff, Robert McKinnis and Ebenezer Wilson, the Presiding Judge not being present. Don Alonzo Hamlin, Sheriff, Wilson Vance, Clerk pro-tem., Anthony Casad was appointed by the Court to prosecute the Pleas in behalf of the State, for said county for the term of one year, and to be allowed forty dollars for his services."
"Elijah T. Davis was appointed Administrator on the ef- fects of Thomas Wilson, late of Findley township, de- ceased. Joshua Hedges and Squire Carlin were accepted as his sureties, bonds given in the sum of Five Hundred dollars. Joshua Hedges, Jacob Poe and Charles MeKinnis were appointed appraisers of said effects. On application ordered that the citizens of Welfare-now Delaware- township have leave to elect one JJustice of the Peace. One Justice of the Peace was appointed for Amanda town- ship. The Court appointed Wilson Vance Recorder of Hancock County for the term of seven years, and the Court adjourned without day.
ABRAHAM HUFF."
The first Grand Jury was composed of the following named persons: Joseph DeWitt, John P. Hamilton, Jacob Poe, Asa Lake, Charles McKinnis, Reuben Hales, Mordica Hammond, William Wade. John Boyd, Henry George, Wil- liam Moreland, James MeKinnis, William Taylor, Edwin S. Jones and John C. Wickham. The foreman was Wil- liam Taylor.
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The First Petit Jury.
The first Petit Jury summoned was as follows: John Beard, Joseph Johnson, John Huff, William Moreland, jr., John Tullis, John J. Hendricks, Thomas Thompson, James Pettis, and there being no business for a Jury they were. discharged without filling the panel. Rachel Wilson was appointed guardian of Rebecca and Jane Wilson, minor children of Thomas Wilson, deceased. Rebecca was eight and Jane one year old. When grown up Rebecca became the wife of John Reed, of Liberty township, and Jane the wife of George L. Poe, of Allen township.
On application, a license was granted to William Taylor to vend merchandise at his residence in Findley, until the first day of April next, he to pay into the Treasury two. dollars and twenty-five cents for said license.
At the November term of the Court it "Appearing that there was no business before the Grand Jury, they were dis- charged." At the same term William Taylor was ap- pointed Surveyor of the county, and the Clerk ordered to certify the same to the Governor. William Taylor, Wil- liam Hackney and Mordica Hammond were appointed ex- aminers of common schools. It was "Ordered by the Court that there be allowed to the Clerk of the Court the sum of ten dollars each year, to be paid one half at each term of Court." Seven years Clerk of the Court for the magnificent sum of seventy dollars.
A special session of the court was held on the 19th day of March, 1829, for the purpose of granting letters of ad- ministration on the estate of John Patterson. William Taylor was appointed. Mr. Patterson was a brother of the. wife of Mr. Taylor.
At the April term, 1829, Judges Huff, Wilson and Mc- Kinnis were present, also Sheriff John C. Wickham, Clerk
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History of Hancock County.
Wilson Vance and Prosecuting Attorney Anthony Casad. The Grand Jury, the second one called and empanneled in the county was as follows: Robert Long, Amos Beard, Thomas Cole, John Shoemaker, Rueben W. Hamblin, Sam- uel Sargeant, William J. Greer, Robert Elder, John Hunter, Isaac Johnson, Nathan Frakes, Rueben Hales, Jacob Fos- ter, William Moreland, jr., Nathan Williams. The foreman was William J. Greer. Due notice having been given, William Taylor was licensed to keep a tavern at his house in Findley, by paying five dollars. The Grand Jury, at this session, found a bill of indictment, the first ever re- turned in the county.
The first case on the civil docket was that of Robert Elder and wife against Asa Lake and wife for slander. Damages claimed, five hundred dollars. The action was brought at the November term, 1828, Abel Rawson, Plain- tiff's Attorney. A judgment was rendered for the defend- ants, and the plaintiffs ordered to pay the costs, taxed at two dollars and twenty-two cents. Such a cost bill as that would not go very far towards paying the costs of a slander suit in these hard times, neither would it make the officers of the court either rich or happy.
At the April term, 1830, the case of Henry Mcwhorter against Samuel Sargeant and Abraham Huff was tried be- fore Ebenezer Lane, President Judge, and Judges Wilson and McKinnis. Associates. The action was upon note of hand, and amount claimed four hundred dollars, and one hundred dollars damages. I give only the finding of the court. "Now comes the plaintiff by Mr. Godman, his At- torney, and the defendant being three times solemnly called came not, but made default. It is therefore considered that the plaintiff recover of said defendants the sum of $237.83,
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Division of Findley Township.
his debt aforesaid, together with his damages assessed by the court at one cent, and his costs of suit to be taxed at $3.30.
The case of State of Ohio against Thomas Slight was tried before a jury composed of Joshua Hedges, Vanrensa- lear Hancock, John Elder, Seldon Blodgett, Sampson Dil- dine, James McKinnis, Wm. De Witt, Josiah Elder, Thomas F. Johnson, Asa M. Lake, Asa Lake and Mathew Reighly. Verdict, guilty. Second trial allowed, case finally dis- missed.
Perhaps no cases tried in the county excited more inter- est at the time than those in which John P. Hamilton and Charles and Philip McKinnis figured. The facts as I have them are as follows :
Charles McKinnis and John P. Hamilton were both County Commissioners, and a petition had been presented to the Board, praying for the division of Findley township, which then included all the western part of the county.
To this proposition McKinnis, and perhaps his immediate constituency, were opposed, as it struck them off from Findley.
At the session in which the matter was to be determined, McKinnis after coming to town was attacked with the ague, and consequently was not able to meet with the Board, and whilst the ague was shaking him, Hamilton and the other Commissioner passed the act dividing the town- ship. This was done no doubt, without any intention of discourtesy or insult to McKinnis, but as it came up in the regular order of business. But it seems that McKinnis did ยท not so regard it, for when the matter came to his ears, he was terribly enraged, as he believed they had purposely taken advantage of his absence to pass the obnoxious order.
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History of Hancock County.
As soon as he was able to be on the street, meeting Ham- ilton, and considering him the prime mover in the matter, he at once proceeded to revenge himself by giving Hamil- ton a severe whipping, according to the usages of warfare, practiced amongst gentlemen at that time. Philip Mc- Kinnis happening in town and hearing that his brother Charles and Hamilton had been in a fight, and knowing that Charles was sick, took it for granted that he had been worsted in the fight. Well aware that a fight between two full grown men meant business, and that whoever got whipped was badly whipped, he in his impetuous manner, and without stopping to inquire who had the best of the fight, started out to find the man whom he supposed had taken an undue advantage, and meeting Hamilton, with- out further ceremony pitched into him, and repeated the dose which Charles had administered. Thus by mistake Hamilton got two dressings, for had Philip known that Charles had come out first best in the fight, or even that he had been the aggressor, and got whipped in a fair fight, he would not under any consideration have interfered.
The matter came before the Grand Jury, and bills of indictments were found against the McKinnis brothers. The indictments were found by the following named Grand Jury : William Moreland, George Flenner, Squire Carlin, Asa Lake, John Bashore, Jacob Foster, John Hunter, Edwin S. Jones, John Beard, Don Alonzo Hamblin, Asher Wickham, Joshua Powell, Isaac Johnson, Joseph Sargent and Bass Rawson. The record says that to the indictment the defendants say they are guilty, and throw themselves on the mercy of the court. The sentence pronounced by the court against Charles McKinnis was: "And, thereupon, it is considered and adjudged by the court, that said McKinnis
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Hamilton-McKinnis Suit.
pay a fine of one dollar, and the costs of suit, taxed at $2.24, and that he stand charged until the sentence of the court is complied with and be in mercy." The case against Philip was disposed of in the same way.
John P. Hamilton, in September, 1829, by T. C. Powell, his Attorney, brought suit against Charles McKinnis for dam- ages sustained by him in the assault and battery, claiming five hundred dollars damage.
The declaration (or petition as it would now be called), recites that : "The said Charles on the first day of Sep- tember, 1829. at Findley, in the County of Hancock, with force and arms made an assault upon the said John, and then and there, with a certain stick, and with his fists, gave and struck the said John a great many violent blows and strokes, on and about his head, face, breast, back, shoulders, arms, legs and divers other places of his body, and, also, then and there with great force and violence, shook and pulled about the said John, down onto and upon the ground, and then and there violently kicked the said John, and gave and struck him a great many other blows and strokes, by means of which said second premises he, the said John, was then and there greatly hurt, bruised, wounded and became and was sick, sore and lame."
It will perhaps, be well enough to remember that the lawyers of that day, in drawing up papers, put in everything that actually did happen, and for fear of accidents, they then put in everything that might have happened. If the said Charles was guilty of inflicting even a tithe of the injury on the said John, with which he was charged, the fine of one dollar, although that was a large sum of money at that day, was a very cheap punishment.
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History of Hancock County.
The case was tried to a jury composed as follows : Josiah Elder, Don Alonzo Hamblin, Robert L. Strother, Joseph Egbert, Joshua Powell, Nathan Williams, William J. Greer, John J. Hendricks, Mordica Hammond, Peter George, Thos. Thompson and William Moreland. Verdict, guilty. Damages assessed at seventy-five dollars.
Suit was also brought against Philip McKinnis, and a judgment for thirty-five dollars recovered.
Anthony Casad, of Bellefontaine, Ohio, was appointed Prosecuting Attorney of the County, at the munificent sala- ry of forty dollars. Amongst the names of Attorneys prac- ticing in the courts at that day, and for many years subse- quently, we find those of Casad, Godman, Powell, Goit, Hall, Bates, Morrison, O'Neal, Coffinberry, Patterson, May and Rawson.
In 1835, Robert L. Strother and John W. Baldwin were appointed Associate Judges, in place of Huff and McKinnis, Judge Wilson being reappoined. Judge Baldwin held the office but a short time, and upon his resignation, Major Bright was appointed.
In 1842, John Ewing, Mordica Hammond and William Roller were appointed, and they were succeeded by Michael Price, John Cooper and Gamaliel C. Brandel, and with them the race of Associate Judges became extinct, as the Consti- tution of 1851 abolished the office. The people of the county were very fortunate in the appointment of Judges, as all were, at least, of the best citizens of the county.
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