History of Madison County Ohio: Its People, Industries and Institutions, Part 60

Author: Chester E. Bryan
Publication date: 1915
Publisher:
Number of Pages: 1207

USA > Ohio > Madison County > History of Madison County Ohio: Its People, Industries and Institutions > Part 60

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

Leo Holland was born in Vinton. county, Ohio, in 1857; came to London with his parents when he was about a year old; attended the Catholic school in London and St. Mary's College at Dayton, where he graduated in 1897. He then attended the Ohio State University one year and Notre Dame University at South Bend, and when he graduated, in 1900, attended Harvard Law School one year, being admitted to the bar in 1901. He began the practice of law with Steven & Steel in Columbus, and located in London. to practice law, in 1905. He has been city solicitor two terms.

J. E. Strayer was born in Logan county, Ohio, in 1879. He was reared on a farm, attended the common school and graduated at the DeGraff high school in 1900. He then attended the Ohio State University and graduated from the law school there in 1905, when he was admitted to the bar; he located in Plain City, in this county, and has practiced law there since. He has served as clerk of the village and clerk of the township.

In later years other prominent and able lawyers have appeared in the trial of cases in the courts of Madison county. George K. Nash, of Columbus, afterward gov- ernor of Ohio; Col. J. T. Holmes, Cyrus Huling. Henry Gumble, Joseph H. Dyer. Chauncy: N. Olds, Thomas E. Powell, Thomas E. Keating. Henry J. Booth, and ex-At- torney-General Timothy S. Hogan, of Columbus; Samuel A. Bowman. George Rawlins. Thomas J. Pringle, Eldin Bowman, Horace Stafford and James G. Johnson, of Spring- feld; James J. Winans and Charles Darlington, of Xenia ; William P. Ried, of Dela- ware; D. W. Ayers, of Marysville: Gen. F. B. Finley, of Bucyrus; Mills Gardner and John A. Logan. of Washington C. H .; Henry F. Page and I. N. Abernathy, of Circle-

Digitized by Google

- -

411

MADISON COUNTY, OHIO.

ville; John A. McMahon and W. W. Matthews, of . Dayton; C. H. Blackburn, Thomas Paxton, Milton Saylor and I. M. Jordan, of Cincinnati.

PROBATE JUDGE.

The office of probate judge was created by the seventh section of article IV of the Constitution of 1851, and the first election was held to fill said office on the second Tues- day in October, 1851, the official-term to be three years. This is a court of record in the fullest sense, and belongs to that class whose records import absolute verity, that are competent to decide on their own jurisdiction, and to exercise it to final judgment with- out setting forth the facts and evidence on which it is rendered. The probate judge has jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, also such other jurisdiction in any county as may be provided by law. Nathan Bond was the first to hold this office in. Madison county, serving from 1852 until February, 1858; he was succeeded by B. F. Clark who served from February, 1858, until February, 1864; 1864-76, J. H. Kennedy ; 1876-1894, Oliver P. Crabb: 1804-1901, J. L. Haner; 1901-1907, John M. Boyer; 1907-1913, John W. Tanner ; since February 9, 1913, Frank J. Murray.

PROSECUTING ATTORNEYS.

The court appointed the prosecuting attorney until January 29, 1833, when a law was enacted providing for his election biennially, vacancies to be filled by the court. Under this law, the appointments were made for an indefinite length of time. . No pretensions were made to regularity and, while some served for one term. others held the position for several years. The following persons have filled this office : 1810-14, Ralph Osborn, Circleville; 1815-17, Richard Douglas, Chillicothe; 1815, June term, Caleb Atwater, Circle- ville; 1816, September term, John R. Parish, Columbus, and G. W. Doan, Circleville; 1817. September term, David Scott, Columbus; 1817-19, John R. Parish; 1820, James Cooley, Urbana, and A. D. Van Horn, who was. the first resident attorney of London; 1821-22, Patrick G. Goode, who was the second resident attorney of London : 1822, October term, G. W. Jewett, Springfield; 1822-23, Caleb Atwater; 1823-24, Joshua Folsom, Circle- ville: 1825-36, Samuel N. Kerr, third resident attorney of London; 1837-38, Isaac N. Jones, London ; 1838. March and May special terms. James L. Torbert, Springfield; 1839- 40, Samuel N. Kerr; 1841-46, Henry W. Smith; 1847-51, Zelot .T. Fisher; 1852-53, James F. Freeman ; 1854-55, James S. Jones; 1856-57, Henry W. Smith; 1858. March term. John L. McCormack ; 1858-60, John R. Montgomery : 1861-62. Henry W. Smith ; 1863-64. George Lincoln : 1865-66, Henry W. Smith; 1867-70. George W. Wilson : 1871-74, Sylvester W. Durflinger ; 1875-76. John J. Bell ; 1877-79. John F. Locke, who resigned and Martin O'Donnell was appointed to fill the unexpired term : 1881-82, P. C. Smith : 1883-86. D. C. Badger; 1886-89, B. P. Jones; 1889-92, Corwin Locke: 1892-98. Cary Jones; 1898-1904, C. R. Hornbeck : 1904-10. H. B. Welsh : 1910-13. James F. Bell: since January, 1913, C. C. Crabbe.

CLERKS.

The offices of clerk for the court of common pleas and clerk for the supreme court. were separate and distinctive appointments until the adoption of the Constitution in 1852. Each court appointed its own clerk for the term. of seven years; but, in Madison county. as in many other counties in the state, the two appointments were always given to the same individual. Under the constitution of 1851 the district court was created and the supreme court established permanently at Columbus. The election of one clerk was provided for, to serve the court of common pleas and the district court. whose official

Digitized by Google

412

MADISON COUNTY, OHIO.

term was fixed at three years. There have been fewer men elected to this office than any other in Madison county. one, A. A. Hume, having held the position for the unprecedented period of forty-one years. From 1810, until June 19, 1815, Robert Hume held the office of clerk, resigning on the latter date. He was succeeded by John Moore, who served until his death, June 27. 1839. James F. Freeman was appointed as third clerk, serving until May, 1841, at that time A. A. Hume took over the duties of the office. Mr. Hume was re-appointed under the old constitution and re-elected continuously under the new until February, 1882. Later are, 1882-85, E. W. McCormack; H. N. Blair, 1885, until he was removed, on November 21, 1887, on account of irregularities in the affairs of his office: J. M. Warner. appointed by the county commissioners, November 21, 1887, and served the unexpired term of Blair, ending January, 1888; M. F. Dunn, January, 1888, until the first Monday in August, 1894 (his term of office expired February 9, 1894, but he was appointed by the county commissioners to fill the office until the following August on account of an extension of term) : C. E. Arbuckle, 1894-1900; G. W. Crabbe, 1900- 1906; Samuel P. McCollin, 1900-1911; John H. Foster, 1911-1915; Wilbert D. Hume. .since August. 2, 1915.

SHERIFFS.

The office of sheriff for the counties of the state of Ohio was adopted from the statutes of the older states, under the territorial laws, passed at Marietta, in 1788. The offke was appointive until April 3, 1803, at which time an act was passed providing for an election every two years. The following is a list of men who have filled the office in Madison county since its organization : 1810-13, John Moore; 1813-14, James Ballard; 1815-16. Philip Lewis; 1816-18. James Ballard; 1818-19, William Ware: 1819-24, Nathan Bond ; 1825-26, Stephen Moore; 1827-30, Henry Warner: 1831-34. William Warner; 1835- 36. J. Q. Lottspiech ; 1837-40, William Warner; 1841-42, William T. Davidson ; 1843-44. Stephen Moore; 1845-46, William Warner; 1847-48, John Jones; 1849, William Squires, who left the county and the office was filled in 1850 by George W. Lohr, coroner; 1851-52, William Warner; 1853-56, Edward McCormick ; 1857, William Smith, who left the county in 1858. and the coroner, Calvin Newcomb, served out the term; 1859-62, W. S. Shepherd; 1863. Calvin Newcomb, who died in office ; 1864-65, Robert Withrow ; 1866-69, B. H. Lewis; 1870-73, Henry T. Strawbridge ; 1874-77, E. R. Florence; 1878-81, William Jones; 1882-86. John F. Johnston : 1886-90. John T. Vent : 1890-94, Benjamin Emery ; 1894-98. J. Scott Chenoweth : 1898-1902, E. S. Gordin ; 1902-06, C. A. Wilson; 1906-08, M. E. Hummel ( resigned January 1, 1908. in order to avoid a conflict with the state Constitution regard- ing the length of time a person might hold the office. His son, Claude Z., was appointed by the commissioners to the office and held it from January 1, 1908, to January 1, 1909. M. "E. Hummel was elected a second time to the office in November, 1908, and held the office froni January 1, 1909 to 1911) ; 1911-1915. E. W. McCormack ; January 4. 1915. Charles I .: Weimer. .i

OFFICIAL STENOGRAPHERS.

As shorthand writing is an important and necessary adjunct and assistance in the proceedings of our courts and the administration of justice, a few words about it is thought to be of interest. In early times, memoranda of the testimony and charge of the court in a trial or legal proceedings were laboriously written in long hand. Bills of exceptions were agreed to by the attorneys and court, containing the substance. in brief, of the evidence and charge of the court.

' While shorthand writing, or stenography, is as old as the time of Queen Elizabeth. its use 'In the courts of this country is very modern-being first used in the fifties. By it every word of testimony. charge of the court, and the arguments of counsel is accu- rately taken and can be correctly reduced to writing. It is a great saving of time and labor in making up the record of a trial.

Digitized by Google

413

MADISON COUNTY, OHIO.

For a long time, stenographers were used and employed by the party to the suit, who desired, and sometimes by both parties. It was not until 1888 that the General Assembly empowered courts to appoint official stenographers, and then, only in the larger counties of the state.

Manus O'Donnell, a lawyer, but not a practitioner, an expert stenographer, acted as court stenographer for several years in our courts. He was employed by the par- ties, paid by them, or by the county when employed in a state case.

By an act of the General Assembly passed in March, 1894, provision was made for the appointment of an official stenographer for Madison county. The powers and duties were the same as have been provided in the authorizing the appointment of stenographers in the larger counties. Afterwards, in 1904, the General Assembly passed an act providing for the appointment of stenographers in all the counties of the state, and the act elating to Madison county was repealed.

Court stenographers have an office in the court house. Their term is three' years. The salary is fixed by the court which appoints them. The shorthand notes taken in a case are kept on file in that office. They have power to administer oaths, take depo- sitions and act as referees. The office is one of responsibility and trust. The court stenographer must not only be competent and expert, but possess strict integrity and a keen sense of propriety.

Miss Rose Murray was the first person to hold the office of official stenographer in this county, being appointed in 1804. She is a native of Madison county and was edu- cated in the common schools. She was a very expert and accurate reporter. She held the position until November, 1903, when she resigned to accept a similar position offered her in Pickaway county. She was court stenographer for that county until March, 1912. when, on account of her exceptional ability, she was appointed stenographer for the industrial commission of the state of Ohio, which position she now holds.

In November. 1903, Miss Sue Murray (now Mrs. J. E. Boland) was appointed offl- cial stenographer to succeed her sister, which position she still fills. She was born in this county and attended the public schools of the county and also the normal school at Valparaiso, Indiana. She was employed in the printing office of the Madison County Democrat for five years and also in the law office of McCloud & Converse for five years. This experience was an education and of great advantage to her in her present profes- sion. Being exceptionally correct and expert, she is frequently called to other courts of the state to report cases.

NOTES.

It is worth noting that no person has ever been found guilty of murder in the first degree, by a jury, or sentenced to be executed by a judge in Madison county since its organization, although a number of persons have been tried in her courts charged with the crime of murder. At the May term, 1913, one James Thomas was tried before Judge Curtain and a jury on an indictment charging murder in the first degree. The jury found his "Guilty as charged in the indictment," but recommended mercy. Under the law in such cases, he could be sentenced for life only, which was done.

The prisoner now serving the longest continuous period of time in the Ohio peni- tentiary is John Tracy, who was tried in August, 1883. at London, before a jury and Judge Eli P. Evans, on an indictment for murder in the first degree. His defense was insanity. The verdict was "Guilty of murder in the second degree," and he was sen- tenced for life. Efforts have been made to secure a reprieve and pardon, but without success.

The largest verdict and judgment ever rendered in the county was for $250,340, in a case tried in the probate court of this county before Judge Frank J. Murray and a jury, in January, 1914. The case was a proceeding brought by the state of Ohio against

Digitized by Google

414

MADISON COUNTY, OHIO.

John Ellsworth and Minerva Hardin to appropriate about one thousand five hundred acres of their lands near London for the purpose of locating a new penitentiary thereon. The amount of the verdict was paid by the state into court, deeds duly made for the lands. the state took possession and the new penitentiary is being constructed thereon.

The smallest verdict and judgment in the court of common pleas in the county was for one cent. in a case tried before Judge Abernathy and a jury, at the February term, ISMO. One Arthur Stutson brought a suit against the judges of election of the village of Jefferson in this county, for wilfully refusing to accept his ballot offered at a certain election held in that village. to his damage in the sum of five thousand dollars. The defendants paid the judgment and costs, amounting to one hundred and sixty-three dol- lars and thirty cents.

The first grand jury empmneled in Madison county, in 1810, held its session in a hazel brush thicket. on what is now the Guynn farm. The last grand jury (1915) met in a palace. with telephones, electric lights. marble floors and all up-to-date ap- pointments.

Digitized by Google

CHAPTER XXX. MILITARY HISTORY OF MADISON COUNTY.

The military history of the United States must necessarily begin with the early Indian struggles, and then the struggle with Great Britain for the independence of the thirteen original states. Of course these struggles took place years before white men set foot within the bounds of the present Madison county, but since that county is hon- ored by the presence within its confines of the graves of some seven heroes who took part in the Revolutionary War, a military history of the county should begin with an account of their records and the recording of their burial places. The following data concerning these men has been furnished in great part by members of the local chapter of the Daughters of the American Revolution and is to be trusted.

COL. ELIAS LANGHAM.

Col. Elias Langham and Lieut. Samuel Baskerville, life-long friends, lie side by side in the little family graveyard on the old Samuel Baskerville farm, now owned by John Crawford, of London. Colonel Langham's early history is somewhat obscure. He was born in Virginia. He enlisted, February 19, 1777, under Lieut. Richard C. Waters, First Continental Regiment, Virginia ; Col. Charles Harrison, commanding. He was a private. He went into Capt. Drury Ragsdale's company and served part of the time under Capt. Anthony Singleton, of the Second Regiment, and for a part of the time under Capt. John Dandridge. He was bombardier-sergeant. quartermaster-sergeant and conductor of military stores. He was appointed lieutenant of the artillery by . Gen. Nathaniel Greene, by a letter which is still preserved on file with his application for a pension. He last served in Capt. Ambrose Bohennan's company. After the war he received five years' full pay in lieu of one-half pay for life.

Colonel Langham received a diploma in the Society of Cincinnatus, signed by his illustrious chief, George Washington. He applied for a pension under the act of March 18, 1818, and made oath of his declaration before Samuel Baskerville, associate justice of Madison county. He gave an inventory of what he possessed as one horse, saddle and bridle, twenty-five dollars, and all other property, ten dollars. He stated that his occupation was that of a surveyor, but he was unable to follow it. He also stated that had six children, but none were living with him. To the second statement he made oath on May 11, 1821.

Colonel Langham made the town plat of Alexander and is supposed to have made the town plat of Portsmouth. He surveyed all the Congressional lands in Scioto county ; that is, all east of the Scioto river. He was a member of the territorial Legislature, 1799-1801, 1801-02. In 1802 he was a candidate for the constitutional convention from Ross county, but was defeated by Edward Tiffin. In 1803 he was one of the four can- didates for Congress, but was defeated. In 1803. 1805-06. 1806-07 he was a member of the Legislature from Ross county and was speaker of the House in 1803-04. While living in Ross county he was United States surveyor of Congressional lands.

Colonel Langham's title was probably secured by his connection with the. Ohio militia during the War of 1812. He probably came to Madison county. about 1807 or 1808, and was a figure in the early history of the county. Samuel N. Kerr was appointed on the application of Col. W. Swan as administrator of his estate and his personal belongings were sold on December 11. 1830. amounting to only thirty dollars. In order

Digitized by Google

416

MADISON COUNTY, OHIO.

to dispose of a small parcel of land, the administrator caused a legal notice to be pub- lished in the Ohio Statesman, giving notice to the heirs of Langham of his intention. This shows that the five children were Betsy Ann Rector (wife of William Rector), Mary Langham, Jane Lewis Langham, Angus Langham and John Langham. It appears that Colonel Langham never moved his family here, as he lived alone or boarded.

Colonel Langham was a judge of the first election held in Union township (Lon- don), which was on the first Monday in April, 1810, and was clerk in the annual elec- tion the following October. . In July, of that year, he was licensed to keep a tavern at his home in Union township. He was given the contract to build the first county jail, on the organization of the county in 1810. In his declining years Colonel Langham made his home with Judge Samuel Baskerville, south of London, where he died on April 3, 1830, and where he was buried in the burial ground of that family.

LIEUT. SAMUEL BASKERVILLE.

It is shown by the records of the adjutant-general's office at Washington that Sam- uel Baskerville one of the first associate justices of the county-served as an officer of the Tenth (also known as the Sixth) Virginia Regiment, Revolutionary War, com- manded successively by Col. Edward Stevens, Maj. Samuel Hawes, Col. William Rus- sell and Col. John Green. He is reported commissioned ensign, December 3, 1776; sec- ond lieutenant, January 2. 1778, in Capt. John Mountjos's company, and first lieutenant, September 14. 1778, in Capt. Hughes Woodson's company. The record also shows him commissioned first lieutenant, April 5, 1778. The records further show that this officer served as quartermaster of the regiment from May to November, 1779, and his name appears on a return dated January 10, 1786, with the remark: "Deranged, 1st January, 1783, but proved to be in service." Heitman's "Historical Register of Officers of the Continental Army," an unofficial' publication worthy of credit, shows this officer taken prisoner at Charleston, May 12, 1780; exchanged, July 1781, and retired, January 1, 1783, but paid to November' 15. 1783. Heitman also reports him "died 29th August, 1830." He was buried on the farm which he received by a Virginia military land grant, in the family burial ground, by the side of his friend, Col. Elias Langham. Lieutenant Baskerville was twice married, his first wife being the mother of two"children, Mary K. and John. His second wife, Nancy Miller Baskerville, was the mother of the following children : Samuel, Richard, James, William, George, Edward, Judith, Rebecca and Nancy. Of these children only one ever married, Nancy, whose husband was

MAJOR PETER HELPENSTINE.

Heitman's "Historical Register of the Officers of the Continental Army" has the following entry : "Helpenstine, Peter (Va.), Major Sth Virginia, 1st March, 1776." In a publication called the "House List of Private Claims," second session, twenty- fifth Congress, it is shown that the heirs of Major Peter Helpenstine were granted half- pay for the Revolutionary services of this officer, by act of June 12, 1838. Major Hel- penstine was born in Virginia. He started for Ohio in 1805. He settled in Paint town- ship in 1806 and is believed to have been the second settler of that township. (See chap- ter on history of Paint township.) He was buried on his farm, but later his remains were transferred to the Paint township cemetery, where they rest at present.

PHILIP HELPENSTINE.

Philip Helpenstine, son of Major Peter Helpenstine, served as a private from Octo- ber, 1775, to May, 1776, in Capt. Morgan Alexander's company of Colonel Woodford's Virginia regiment, and from May, 1776, to November. 1777, as a private, in Capt. Jona- than Clark's company in Colonel Muhlenberg's Virginia regiment. In his pension peti-

Digitized by Google

417

MADISON COUNTY, OHIO.

tion he stated that by request of his father, Peter Helpenstine, who was major of Colonel Muhlenburg's regiment, he left Colonel Woodford's regiment and joined the former- that from 1777 to 1781 he served several times in the militia, that after the surrender of Cornwallis he was appointed a conductor in the French army, and so served until September 28, 1782. He took part in the battles of Green Bridge, Ft. Moultrie and many skirmishes .. At the time of his enlistment he lived at Winchester, Virginia. He applied for a pension on November 2, 1819, when sixty-six years of age, and was at that time a resident of Fleming county, Kentucky. His claim was allowed. He married Rebecca Wolf. June 16, 1776. in Frederick county, Virginia; died on. October 19, 1830, and she was pensioned as his widlow. He was buried in the family burial grounds with his father, and later his remains were also removed to the Paint township cemetery.

Tradition tells us that David Watson, who settled in Paint townsip at about the same time as did Peter Helpenstine, and who married the latter's daughter, Mary Hel- penstine, served as a drummer-boy in the Continental army. There is no official record to substantiate this tradition, but it is quite probable that such was the case.

ANDREW SIFRIT.

Andrew Sifrit enlisted in Frederick county, Virginia, in 1775, as a private in Capt. Andrew Waggoner's company, Col. James Woods's Twelfth Regiment of Virginia troops of the Continental line. He served in several campaigns in the Northern army, was in the battles of Brandywine, Germantown, Monmouth, Stony Point and Paulus Hook, and was taken prisoner at the siege of Charleston, and exchanged at Jamestown, Virginia (length of captivity not known) ; was at the surrender of Cornwallis and marched under Capt. Alexander Parker to Richmond, Virginia, and served there. He was on the water for eighteen months. For his services he was given two hundred and forty acres of land in Paint township, Madison county, Ohio, to which he emigrated, and is described elsewhere as one of the pioneers of that township. Reference to his land grant is made in the widows' file No. 25468, bureau of pensions, Washington, D. C. Andrew Sifrit was allowed a pension on an application, executed on April 6, 1812. He was born in Harper's Ferry, Virginia, March 16, 1755, and died in Madison county, Ohio, October 16, 1847, and was buried in the Paint township cemetery. He was twice married, his first wife having been Susanna Shrock, whom he married about 1786 and by whom he had nine children. of whom Mary, Catherine. John. Elizabeth and James came with him to this township. His second wife was Hannah Morrils, a native of Virginia, by whom he had twelve children, he thus having been the father of twenty-one children.

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

History of Madison County Ohio: Its People, Industries and Institutions, Part 60

Author: Chester E. Bryan Publication date: 1915 Publisher: Number of Pages: 1207

Author: Chester E. Bryan
Publication date: 1915
Publisher:
Number of Pages: 1207