History of Knox County, Ohio, its past and present, Part 44

Author: Hill, N. N. (Norman Newell), comp; Graham, A. A. (Albert Adams), 1848-; Graham, A.A. & Co., Mt. Vernon, Ohio
Publication date: 1881
Publisher: Mt. Vernon, Ohio : A. A. Graham & Co.
Number of Pages: 1096

USA > Ohio > Knox County > History of Knox County, Ohio, its past and present > Part 44

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The second term of the Knox common pleas was held on Monday, September 5, 1808. The grand jury for this term was Jabez Beers, foreman, Ziba Leonard, John Johnson, James Walker, Jacob Young, Benjamin Butler, William Nash, John But- ler, David Miller, John Merritt, William Douglas, James Walker, jr., and James Craig. The first

case tried at this term was "The State of Ohio vs. Samuel H. Smith-on a presentment for selling goods without a license. Court on consideration of the offence fined the defendant in the sum of two dollars and fifty cents and costs of the prosecu- tion." Afterward the court granted a license to Samuel H. Smith to sell merchandise at his store in Clinton, for one year, on the payment of ten dollars. Mr. Smith was also licensed to keep tavern on payment of five dollars.

The following notes regarding the early courts are from Norton's history:

The grand jury at the spring term of common pleas court of 1815 consisted of Anthony Banning, foreman, John Merritt, Peter Bricker, John Hawn, David Hawn, John Green, William Marquis, George Davis, Moses Craig, James Strange, Azariah Davis, Jacob Martin, Benjamin Bell, and Gilman Bryant. They returned nineteen indictments for "assault and battery" and "affrays." Quite a number of the parties plead guilty, and were fined two dollars and costs. Adnal Hersey, of the Chris- tian church, was licensed to marry. John Cook, of the Baptist, was also licensed to do the same. Samuel Mott was appointed master commissioner in chancery. Tavern licenses were granted this year to Jonathan Hunt, Elisha Cornwall, Abner Ayres, John Baxter, and A. H. Royce; and store licenses to Nicholas McCarty, George Girty, Eli Miller, Anthony Banning, L. S. Silliman, Gilman Bryant, John Wilson, and James N. Ayres. Two important roads are opened this year, namely : from Mt. Vernon towards Sandusky, under the supervision of John Lewis, as commissioner, for which he is granted by the county commissioners orders for one hundred dollars, and is paid fifteen dollars for his services; another, a road opened by Benjamin Rush, as commissioner, to Mansfield, for which ser- vics he is paid nine dollars, and two hundred dollars is expended by the county in work upon the same. Among the bills paid in November, 1818, by the commissioners, are: to Anthony Banning, for one hundred and eighty-two and a half pounds iron and brick for jail, twenty-six dollars and fifty-five cents; and Archibald Crofferd, for the following for the county: One pair hand-cuffs, three dollars; one hasp, fifty cents; shackles and hasp, one dollar and fifty cents; two grates, thirteen dol- lars and eighty cents; eight spikes, fifty cents-nineteen dollars and fifty cents. The job of making further improve- ments to the jail and jailor's house is given to William Doug- lass at one hundred and twenty-five dollars. The commis- sioners were determined, if possible, to make the jail burglar proof.

The first session of the supreme court of the State of Ohio held in Knox county was on the third day of August, 18ro, by Honorables William W. Irwin and Ethan Allen Brown.

James Smith was appointed clerk for seven years.

The only cases were those of the State vs. Ichabod Nye and Samuel Nye. Upon oath by the defendants that they did not believe an impartial trial could be had, the venue was changed to Licking county.

E. Herrick, esq., attended as prosecuting attorney.

The second session was held May 1, 18rr, but two causes were on the docket. Sylvenias Lawrence, for the use of Benjamin

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HISTORY OF KNOX COUNTY.

Rush, vs. George Davidson, and James l'euthres 25. Samuel Kratzer; both of which; were dismissed. No other business was to be transacted, and the court adjourned until the next court in course.

The third term was held April 9, 1812. In addition to the former cases tlc docket shows the following: Joseph I'ntler . . Elizabeth Vendrew; William Y. Farquhar vs. James Craig, .In- drew Craig vs. Henry McCart and James Cunningham: James Smith vs. Samuel H. Smith; Henry Smith vs. Benjamin Rir- ney; Henry Smith os. Samuel II. Smith and Benjamin Barney: and Thomas Slater vs. Lovina Slater. Attachments were is- sued vs. Amos Y .. roll and Alexander Enos, for refitty to appear as witnesses.

The case of Slater vs. Slater is the first divorce question ever presented in Knox county.

The fourth term was held on the second of August, 1813, by Thomas Scott and Ethan A. Brown.

William C. Enos was quidited as attorney and cow.lol at law as the law requin !.

The case of Lawrence for the use of Rush is dismissed for want of bond to prosecute the appeal.

In Craig vs. McCart and Cunningham, judgment of non-suit is entered, because of non-appearance of plaintiff. Farquhar vs. Craig is continued, and the defendant to pay all costs of this term within six months, or judgment, etc. John Jones vs. Joseph Cherry Holmes and George Lybarger-the complainant being thrice called did not appear, nor any person to prosecute this suit for him, therefore the injunction is dissolved and bill dismissed. The injunction case of Benjamin Barney vs. Henry Smith is heard by counsel, and the injunction is made perpetual, plaintiff to pay all costs. James Smith z's. Samuel H. Smith is argued by counsel, and the court decide that the defendant go hence, without day, and recover of plaintiff costs, ett. David Davis 2s. John Cambridge, removed from Licking county, is continued. Slater's divorce petition is dismissed at cost of plain- tiff. Lewis Dent & Co. vs. John Wheeler-judgment for ; lain- tiff for four hundred and ninety-three dollars and cigl ty ents and costs. Another divorce case, Isaac Bonnet vs. Elizabeth Bonnet, is continued at cost of plaintiff, to be paid in six months, and upon condition that he give personal notice to the defendant of the pending of this suit in six months.

On the evening of the third of .August, having spent two days court adjourned.

The fifth term was held August 15, 1814-Judges, William W. Irwin and bthan A. Brown.

Jolin Williamson os. Samuel Farquhar is continued at defendi ant's cost.

Isaac Bonnet vs. Mary Bonnet, divorce. After argument the court continued the enuse under advisement until the Coshocken supreme court, their decision to be certified from that or some other court to this court. The first jury cause ever tried in the supreme court for this county was that of William W. Farquhar vs. James Craig.

Jury-William Harriss, John Harriss, John Sawyer, Jacob Cooper, John Kerr, Bartholomew Bartlett, John Davidson, John Wilson, Thomas White, Francis Mitchell, Isaac B nnet. and Benjamin Martin. Verdict for plaintiff, one hundred and three dollars and sixty cunts. A motion is made by defendant for a new trial, argued by counsel, and overruled by court.

The State of Ohio vs. Martin I., Lewis. On indictment by grand jury of Licking county for larceny. On inotion, and affidavit of defendant, the court orch red venue to be changed to

this county, on defendant giving bond for five hundred dollars and security in two hundred dollars to appear first day of next term. Henry Markley becomes his security. After two days' session, court adjourned.

The sixth term was held August 7, 1815. Judges-Ethan A. Brown and John .1. Couch, who produced' his commission in room of Ion. Thomas Scott, resigned, etc.

The only jury trial was that of Sammel Mott ass. Gilman Bryant. Jury-Isaac Vore, sr., John Vennoms, Samuel Durbin, James McGibeny, Joseph Hunt, John Arbuckle, Thomas Wil- liams, Moses Merrit. George Dial, William 'Sapp, and John Stilley. Verdict for plaintiff, five dollars and costs. Josiah Hedges vs. Samuel Kratzer, Andrew Craig, and George Davis. Default against defendants, and cause continued for inquiry. Anthony Banning vs. Samuel Kratzer and John Williamson. On motion of plaintiff's counsel for dismission of appeal, on hearing the arguments of the parties by their counsel, it is therefore ondjered that the motion be overiuicd.

August 2, 1815. John Williamson vs. Samuel Farquhar. Continued till next term, on motion and affidavit of plantiff, and at his cost. William W. Alexander vs. John Wilson. Suit dismissed at cost of defendant, except docket fee in court be- low, which is not to be taxed to either party. Anthony Ban- ning vs. Samuel Kratzer and John Williamson. Decree by court for plaintiff, "as per decree on file, signed by chief judge."

The above is a faithful abstract of the business of this, the sixth, term of the supreme court.

The seventh term was held August 15, 1816, by Judges Brown and Couch, the latter having produced his commission for seven years from the fourteenth of February, 1816. But one cause was tried by jury-Moses Robinson vs. Isaac Dial. Verdict for plaintiff, one hundred and four dollars and eighty cents and costs. Williamson es. Farquhar is again continued, with leave to amend, and at costs of plaintiff. Stephen HI. McDougal, as- signee of William Taylor vs. Enoch Ilarris. Judgment by de- fault, for cighty-eight dollars and eighty cents and costs. There are four other cases on the docket, in all of which our old friend Samuel H. Smith figures as plaintiff or defendant. The other parties are Robert Fulton, Erasmus Beaty. I ovi Davis, Joseph Walker, administrator of Philip Walker, and John Walker. On the sixteenth court adjourned till next court in cetisc.

The first writ of habeus corpus in the county was allowed "Ly the Hon. John 11. Mefford, esq.," April 20, 1816. John Shaw, sheriff, brought into the court house the body of Am os Yarnall, with the mittimus, showing the cause of capture and detention. Samuel Mott, est., appeared as Ins attorney, and on his me- tion, after the attorney for the State nad dul. considered the matters in law ansing, the court ict him to ball in the sum of fifty dollars, James Smith his security.

The second casc, that of William Knight, who, on the eighth of July, 1819, was brought to the court house, and by Judge Mefford admitted to bail in the sum of fifty dollars Alexander Elliott becoming his bondsman.

The third case occurred April 3, 1820, when Judge Joseph Brown set at large Abel Fowler, upon Aitemas 1 tabrook and Alfred Manning becoming security foi lis ; ; perance at the May term of Knox common pleas, in the sum of tilty dollars.

In this year an interesting cose was presented in allowance of a writ, on the twentieth of November. cy Judge Brown, requer. ing John Bird and Judah Bird to bring into court the body of an Indian child, daughter of Rachel Conkapott, deceased, ty her husband. Elisha Coukapote, beth I-dians of the Stockbridge

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tribe. Judges Young and Chapman appeared, and the whole court lent itself to an impartial examination of the case, which resulted in their leaving the little Indian in the hands of the Birds, John and Judah. This little Indian was daughter of the squaw killed.

This was perhaps the most interesting case heard upon writ of this character, until the great military case of Colonel Warden, which was tried upon writ issued in name of the State vs. Wil- liam E. Davidson.

" By Fudge James Elliott, September 27, 1837.

"W. E. Davidson, Provost Marshal of the 2d Brigade, 3d Division, Ohio Militia (late 4th Brigade, 7th Division, O. M.), in pursuance of an order by Brigadier-General Wm. Bevans (commander of said Brigade), and upon action of a Court Mar- tial, now in session at Mt. Vernon, convened by order of said Gen. Wm. Bevans, on Monday, Sept. 25th, 1837. Col. H. W. Strong, President of the Board. Discharged by said James Elliott, Judge, &c."

Another case, of much interest, at a still later period, was about the two dwarfs-of Porter's wife-held, it was claimed, illegally by Warner. Upon hearing, however, the court did not think so, and they remained in custody of the showman, at last accounts.

The writ of habeas corpus became a favorite resort in liquor cases, where parties were, as they thought, unjustly persecuted and cast into prison, by fines imposed, upon temperance princi- ples. During the administration of his Honor, Judge Bevans, more writs of habeas corpus were granted than in all the rest of our history put together. To such an extent was it carried, that he acquired the sobriquet of "Old Habeas Corpus." The ven- erable judge always leaned towards the side of suffering human- ity. If he erred in judgment, it was because no work upon the subject had been published at that date. Ountownsman, Judge Hurd's work on Habeas Corpus, did not get into print until the year 1858.

As before stated, William Wilson, of Licking county, was the first president judge. George Tod, of Trumbull; Alexander Harper, of Mus- kingum; Lane and Higgins, of Huron; and Ezra Dean, of Wayne, succeeded Wilson in the presidency prior to 1851. Since that time the most promi- nent have been Judges Finch and Jones, of Dela- ware; and Hurd and Adams, of Knox. Among the early judges of the supreme court who have presided in Knox county, may be mentioned Peter Hitchcock, Reuben Wood, Frederick Grimke, Cal- vin Pease, Joshua Collett, John C. Wright, and N. C. Read.

The early bar of Knox county was composed en- tirely of visiting attorneys of distinction, citizens of neighboring counties, who were, for a great num- ber of years, regular attendants at each session of the court. Among these were Philomon Beecher, Charles R. Sherman, Thomas Ewing, Henry Stan- bery, W. W. Irwin, Hocking H. Hunter, of Fair-

field county; Edward Herrick, William Stanbery, Joshua Mathiott, Israel Dille, and George B. Smythe, of Licking county ; Wyllis Silliman, Samuel W. Culbertson, Charles B. Goddard, Alexander Harper, Charles C. Converse, C. W. Searle, and George James, of Muskingum county ; Orris Parish, of Franklin county ; and David Spangler, of Coshoc- ton county. All were distinguished attorneys, and many of them became prominent in State and na- tional affairs in after days. Many of these gentle- men were, at different times, appointed temporary prosecuting attorneys. As may be remarked, from the brilliant array of prfessional men, the early bar of Knox county stood preeminent throughout the State.

Samuel Mott, esq., a native of Vermont, was the first resident lawyer of the county. He came to Mount Vernon about 1811. In the early courts he had considerale business, and was a man of note in the county. At one time he was engaged in the mercantile business.

William C. Enos was probably the first attorney admitted to the bar in Knox county, about 1813. He was what the people of that day called "home made," and did not attain to a high position as an attorney. He was a quiet, peaceable citizen, and a man of considerable intelligence.

Hosmer Curtis was the second resident attorney. He was a native of Connecticut and came to Mount Vernon in 1815. For a number of years he was the "father of the Knox county bar." In 1816 he was appointed prosecuting attorney, and in 1822 represented the county in the legislature. He removed to Iowa in 1858, and died in 1874, aged eighty-five years.

Henry Barnes Curtis came to Mount Vernon in 1817, and read law in the office of his brother, Hosmer Curtis; was admitted to the bar, and at a later date to the United States courts at Columbus, and to the supreme court at Washington, D. C. On the ninth day of December, 1872, he retired from the legal profession, after a successful and lu- crative professional career of half a century.

About the time Mr. Curtis entered upon his legal career, J. W. Warden, Benjamin S. Brown, Colum- bus Delano and John K. Miller became members of the bar. At a later period Matthew H. Mitchell, John C. Stockton, William R. Sapp, R. C. Hurd

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and others were enrolled as members. Of the eight mentioned above, Columbus Delano is the only one now living. In the early days of the bar J. C. Hall was a leading member of it. Some thirty-five years ago he started west, and made his home in Iowa, where he became eminent in his profession, and at one time represented his district in congress. Of the professional career of John W. Warden and Benjamin S. Brown, little can be said at this late date, other than that they were eminent in their profession, and well known throughout the State. John K. Miller took high rank in his profession, and also in the field of politics. He represented the Knox congressional district in congress two terms, and also represented his country as consul at one of the French ports. Stricken with bodily infirmities while at the height of his usefulness, he was compelled to retire from a profession he adorned by his abilities and virtues. Matthew H. Mitchell, in the early part of his professional career, was a man of superior abilities, and stood at the head of the bar. He had no superior in the county. In 1850 he represented the county in the constitutional convention, took a leading part in that body, and enjoyed the entire confidence of his fellow-members. His death oc- curred a short time since.

One of the most brilliant and erratic members of the early bar of Mount Vernon was the late Major Hoey. He was a man of superior education, a comprehensive mind and inferior to none when he thought proper to devote himself to his profession. Socially inclined he deserted his profession for the companonship of the gay, and the thoughtless.

Hon. C. Delano is one of the county's most em- inent attorneys, and highly honored men. He was born in Shoreham, Vermont, in 1809; removed to Mount Vernon in 1817; was admitted to the bar in 1831, and became eminently successful, both as a criminal prosecutor and as an advocate. In 1844 he was elected a representative from Ohio to the twenty-ninth Congress, and served on the commit- tee on invalid pensions. In 1847 he was a candi- date for governor, but lacked two votes of a nomi- nation. In 1860 he was a delegate to the Chicago convention. In 1861 he was apppointed commis- sary general of Ohio and filled the office with great success until the General Government assumed the

subsistence of all State troops. In 1862 he was a candidate for United States senator, but again lacked two votes of a nomination. In 1863 he was elected to the Ohio house of representatives and was a prominent member of that body, taking a leading part in shaping the important leg- islation of that session. In 1864 he was a member of the Baltimore convention, and chairman of the Ohio delegation, zealously supporting President Lincoln and Andrew Johnson. He was re-elected to the thirty-ninth Congress, serving as chairman of the committee on claims. Having relinquished the practice of his profession, he became extensively engaged in agricultural pursuits, and the business of banking. He was also a delegate to the Phila- delphia "Loyalists' convention" of 1866; and, in 1868, having contested the seat of G. W. Morgan for the fortieth Congress, he was successful, and became a member of the House. After leaving Congress he was appointed commissioner of inter- nal revenue, and was also appointed Secretary of the Interior in 1870, by President Grant, and re- signed in 1875.

Judge Rollin C. Hurd was for many years one of the most prominent of Mount Vernon's lawyers. He was a live, active, go-ahead Yankee from Ver- mont, and pushed his way to the front rank in his profession. He was educated at Kenyon college, studied law with the late Benjamin S. Brown and was admitted to the bar in 1837. His practice soon became extensive not only in the county and cir- cuit courts, but in the United States courts of the northern district of Ohio. In 1863 he was admit- ted to practice in the supreme court of the United States in Washington

In 1852 he was elected judge of the court of com- mon pleas for this judicial district. Later in life he found time to publish a work on habeas corpus, and to devote much of his time and energy to the completion of the Cleveland, Columbus & Mount Vernon railroad. His death occurred February 12, 1874.

Joseph Slocum Davis graduated from Kenyon college in 1835; studied law in the office of Ben- jamin S. Brown, and was admitted to the bar in 1837. Illhealth compelled him to quit the pro- fession after a few years' practice.

William Dunbar came to Mount Vernon in 1847,

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and became proprietor of the Mount Vernon Dem- ocratic Banner. He was born in Pennsylvania in 1806, and admitted to the bar in 1842.

General George W. Morgan came to Mount Vernon in 1843, and read law with the late Hon. J. K. Miller. He has been actively engaged in three wars-the Texan war of independence, 1836; the Mexican war, 1846; and the war of the Rebel- lion, 1861; and has served three terms in Congress. He has also held two foreign appointments-con- sul and minister plenipotentiary.

The late Hon. William R. Sapp, or "Major," as he was familiarly called, thirty years ago stood high in the profession. He served in Congress two terms, and was also appointed revenue collector and United States commissioner.

John C. Stockton came to Mount Vernon from Zanesville about the year 1855. In 1814 he repre- sented Muskingum county in the State legislature. He was a man of education and great professional ability.

William McClelland, of the firm of McClelland & Culbertson, is a native of Pennsylvania; came to Mount Vernon in 1844, and has been largely engaged in settling estates. He served as county commissioner thirteen years.

William Craig Culbertson is a native of West- moreland county, Pennsylvania. He read law un- der the preceptorship of General Aquilla Wiley, of Wooster, Ohio, and was admitted to the bar in 1871. He came to Mount Vernon in 1872 and entered into partnership with William McClelland.

Charles H. Scribner was admitted to the bar at Mount Vernon in 1848, and in June, 1869, remov- ed to Toledo and entered into partnership with Hon. Frank H. Hurd. In 1867 he was elected to the State senate from the district composed of the counties of Wayne, Holmes, Knox, and Morrow. He was the author of a valuable legal work, entitled Treatise on the Law of Dower, and was a member of the convention called to revise the constitution in 1873.

Joseph C. Devin was educated at the seminary at Norwalk, Ohio, at the Wesleyan university, at Delaware; studied law under Hon. Columbus Delano, and the late William R. Sapp, and was admitted to the bar in 1851. In 1863 he was elected to the Ohio State senate from the district

composed of Wayne, Holmes, Knox, and Morrow counties. His law partner, Henry L. Curtis, is a native of this city, and studied law under the pre- ceptorship of his father, the Hon. Henry B. Curtis. Mr. Curtis is a graduate of Kenyon college, and a young man of much promise.

Frank H. Hurd was educated at Kenyon college, from whence he graduated in 1859, when only eighteen years old, and entered immediately upon the study of the law. He was admitted to the bar in 1862; and during the fall of the same year was elected prosecuting attorney. In 1866 he was elected a member of the State senate. In 1867 Mr. Hurd removed to Toledo, Ohio, and in 1874 was elected to Congress from the Toledo district, and re-elected in 1878. He is the author of the Ohio Criminal Code of Procedure. In 1876 he published a second edition of his father's work on Habeas Corpus and one of his own on Homestead and other Exemptions.

William C. Cooper, a native of Mt. Vernon, was admitted to the bar in 1854, and has had a suc- cessful career as an attorney, a politician, and in a military capacity. He enjoys the respect and esteem of all the citizens of the county.

David Carter Montgomery is a native of Penn- sylvania, and was admitted to the bar in Mt. Ver- non in 1858. He was elected sheriff in 1846, and reelected in 1848.

Henry Harrison Greer is a native of the county, born in 1837. His law preceptors were Messrs. Delano, Sapp and Smith. He was admitted to the bar in 1860, and has enjoyed a successful pro- fessional career. In 1861 he was elected treasurer of the county, and served one term, refusing to be a candidate for a second term.

Joseph Watson is a native of Ireland; was born in 1827, and came to America in 1849, settling in Newark, Ohio. He came to Mount Vernon in 1850, and has resided here ever since. In 1859 he commenced reading law with the late Clark Irvine, sr .; was admitted to the bar in 1861, and began the practice of his profession. April, 1880, he opened an office in Columbus.

Charles Edward Critchfield commenced reading law in 1862 with the late Major William R. Sapp, and was admitted to the bar in 1864. He was in practice about four years. In 1869, 1872, and

NEFFDIAMOND BLACK CO

OFFICE GARBER KNOX COUNTY

NEW CASTLE

ROAD

LAUREL WELL

WELL Ne 2

"NEFF DIAMOND BLACK CO."

LOCATED AT THE CONFLUENCE OF THE KOKOSING AND MOHECAN RIVERS, COSHOCTON CO., O.

OFFICE AT GAMBIER, KNOX CO., O.

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HISTORY OF KNOX COUNTY.

1878, he was elected probate judge, which office he now holds.

Samuel J. Brent resumed the study of the law, which he had suspended in 1861 to enter the serv- ice of his country, and was admitted to the bar June, 1866. He has practiced about two years. He was elected clerk of the court of common pleas in 1869, and 1872, and re-elected for a third term in 1878.

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History of Knox County, Ohio, its past and present, Part 44

Author: Hill, N. N. (Norman Newell), comp; Graham, A. A. (Albert Adams), 1848-; Graham, A.A. & Co., Mt. Vernon, Ohio Publication date: 1881 Publisher: Mt. Vernon, Ohio : A. A. Graham & Co. Number of Pages: 1096

Author: Hill, N. N. (Norman Newell), comp; Graham, A. A. (Albert Adams), 1848-; Graham, A.A. & Co., Mt. Vernon, Ohio
Publication date: 1881
Publisher: Mt. Vernon, Ohio : A. A. Graham & Co.
Number of Pages: 1096