USA > Ohio > Madison County > History of Madison County, Ohio : its people, industries and institution with biographical sketches of representative citizens and genealogical records of many of the old families > Part 54
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At the following meeting. Angust 28, 1903. the constitution and by-laws for the society were adopted. This society is open to all registered physicians practicing non- sectarian medicine in Madison county. The purpose of the society shall be to federate and to bring into one compact organization the entire medical profession of Madison county, and to unite with similar societies in other counties to form the Ohio State Medical Association, with a view to the extension of the medical knowledge and to the advancement of medical science: to the elevation of the standard of medical education ; and to the enactment and enforcement of just medical laws; to the promotion of friendly intercourse among physicians, and to the guarding and fostering of their material interests, and to the enlightenment and direction of public opinion in regard to the great problems of state medicine: so that the profession shall become more capable and honorable within itself. and more useful to the public in the prevention and cure of diseases, and in prolonging and adding to the comfort of life.
The officers of the society shall be a president. two vice-presidents. a secretary, a treasurer and three censors. The anty of the censors shall be to consider all questions involving the rights and standing of members, whether in relation to other members or the society. All questions of an ethical nature brought before the society shall be referred to the censors without any disenssion. They shall hear and decide all questions of dis- cipline affecting the conduct of members, subject to the final decision of the board of censors of the Ohio Medical Society.
This society has continued as an active organization to the present time. There has been much good accomplished. both socially and along the advancement of medical ideas: also in the way of the entertainment of visiting physicians. The membership of the society at present consists of the following physicians: W. F. Smeltzer. J. W. Parker. H. P. Sparling. C. E. Gain, F. L. Wilson. W. P. Kyle. F. E. Rosenagle and A. J. Strain. The officers for the present year (1915) are H P. Sparling, president, and W. P. Kyle. secretary and treasurer.
PHYSICIANS OF MADISON COUNTY.
London-M. Vance. H. V. Christopher, C. E. Gain, W. P. Kyle, J. F. Kirkpatrick. J. W. Parker. M. C. Sprague (Rural Ronte 2). F. E. Rosenagle. A. J. Strain, Charles Snyder, II. P. Sparling. W. F. Smeltzer, M. L. Naughton and H. J. Sharp; West Jeffer- son-L. E. Evans. A. F. Green and L. W. Olney: Mt. Sterling-W. E. Elder. W. G. Lewis, C. F. Gallagher and Roderick Wittich: Plain City-E. S. Holmes and M. J. Jen- kins; Lilly Chapel-G. M. Kerr: Sedalia -- F. B. Whitford : South Solon-F. L. Wilson; Reseca-J. M. Morris.
CHAPTER XXIX.
BENCH AND BAR OF MADISON COUNTY.
By John F. Locke and Mrs. Sue Murray Boland.
As people often fail to agree with regard to their relative rights and duties; and as they some times violate their agreements with each other, and even violate and disobey those rules and regulations prescribed for their conduct. it is necessary that tribunals should be provided to administer justice, to determine and declare the rights of parties, to investigate and decide whether the laws are observed or violated, and to declare and pronounce judgment according to law and the just deserts of the citizen. These deter- minations are called judicial. Upon the organization of the Northwest territory, courts were established and laws promulgated for the proper government of the same. The first to take shape was the court of common pleas, established by the governor and judges at Marietta, August 23. 1788. This court was composed of not less than three nor more than five justices, appointed in each county and commissioned by the governor. "to be styled the court of common pleas," whose sessions were held twice a year in each county. By an act passed at Cincinnati, November 6, 1790, this court was author- ized to hold four sessions each year for the greater facility and transaction of business. and the number of judges was increased to not less than three nor more than seven in each county. Besides the regular sessions, these courts were empowered to hold special terms, as often as necessary, while their powers and duties were fully defined and regulated by law.
On the 30th of August, 1788, the general court of the territory was organized for the trial of civil and eriminal cases. Its sessions were held once a year in each county and. on November 4, 1790. the time and place for holding said court was defined. An act was adopted from the Virginia statutes. July 16. 1795. giving the judges power to continne suits in necessary cases.
Probate courts were created by an act passed at Marietta, August 30, 1788, estab- lishing a judge of probate in each county. He was authorized to hold four sessions annually and special sessions whenever necessary. Probate judges were appointed by the governor and had charge of all probate and testamentary business. Their decisions were not final, but they could call in two justices of the court of common pleas, who, with the probate judge, constituted the court of probate, which had power to render final decisions and decrees in all matters cognizant in said court, subject. however. to appeal in all cases to the general court of the territory.
The act establishing orphans courts was adopted from the statutes of Pennsyl- vania, June 16, 1795. They consisted of the justices of the general quarter sessions of the peace, and were created in each county. These courts were domestic, possessing peculiar facilities for acquiring correct information of the condition of intestate estates within their jurisdiction, and much was intended to be confided to their discretion because their proceedings were or perte, and in most cases operated upon and affected the rights of minors. They worked in harmony with the judge of probate, and their duties and powers were defined In conjunction with his. Upon the organization of the state judiciary, April 15, 1803, all business of a probate or testamentary nature. pend- ing in the orphans courts, or courts of probate, was transferred to the courts of eom- mon pleas, and the law of 1795, defining the limits of judicial power in relation to
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intestate estates, remained in force. Thus the court of common pleas was endowed with all former duties and powers of the probate court and orphans courts, and so remained until the adoption of the new constitution, when the office of probate judge was created as it exists today.
The quarter sessions of the peace were established on August 23. 1788, to be held four times a year in each county. This court consisted of not less than three nor more than five justices, who were appointed by the governor. It was created for the trial of small causes and its jurisdiction was defined by law.
Circuit courts were created by an act approved on December 9. 1800. They were held annually in the several districts into which the territory was divided, by one or more judges of said territory, to which cases from the court of common pleas were taken, removed or appealed. These several courts comprised the territorial judiciary until the admission of Ohio into the Union.
STATE JUDICIARY PRIOR TO 1851.
At the first session of the Legislature in April, 1803. an act was passed organizing judicial courts. The supreme court consisted of three judges, elected by joint ballot of the General Assembly, their official term to be seven years. One session a year was held by this tribunal in each county. The constitution gave the supreme court original and appellate jurisdiction, both in common law and chancery, in such cases as the law should direct. On the 17th of February, 1SOS. the number of judges was increased to four, and the state divided in two districts, eastern and western. two of said judges to hold court in each, as they should determine among themselves. Madison county was in the eastern district, but the law was repealed on February 16, 1810, at which date the number of supreme judges was reduced to three. By this act the supreme court was given concurrent jurisdiction in all civil cases, both of law and equity, where the matter in dispute exceeded one thousand dollars, and the appellate jurisdiction from the court of common pleas in all cases wherein that court had original jurisdiction. It also was given exclusive cognizance of all cases of divorce and alimony, and in all criminal cases except where the prisoner elected to be tried by the court of common pleas. The number of judges was again increased to four on February 13. 1816. and exclusive cognizance of criminal cases conferred upon this tribunal. Thus it stood until the adoption of the new constitution in 1851. Many laws were passed defining more minutely the powers and duties of the supreme court which may be found in the Ohio statutes.
COURT OF COMMON PLEAS.
The state was divided into circuits, for each of which a judge was elected by joint ballot of the General Assembly and whose term of office was seven years. In each county, not less than two nor more than three associate judges were chosen in a similar manner and for the same period of service. The president judge, with the associates, composed the court of common pleas of each county, whose powers and duties were defined and time of holding court stated. Under the constitution, this court had common law and chancery jurisdiction with the supreme court, while both had complete crim- inal jurisdiction as the law from time to time should define. The associate judges were empowered to hold special sessions to transact county business whenever such was necessary. The court of common pleas, by an act passed February 22. 1805. had cog- nizance of all crimes and offenses the punishment whereof was not capital, and on January 27. 1806, an act was passed allowing capital punishment offenses to be tried before this tribunal. at the option of the prisoner, but the decision was final. On the 16th of February. 1810, the several acts organizing judicial courts, defining their powers and regulating their practice, were reduced to one. By this enactment, the decisions
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of a common pleas court in all criminal cases might be taken to the supreme court on error, the former final clause being repealed. The court of common pleas was to consist of a president and three associate judges and was to have original jurisdiction in all civil cases at law and equity where the sum or matter in dispute did not exceed one thousand dollars. It also had appellate jurisdiction from the decision of justices of the peace. It had exclusive power to hear and determine all causes of probate and testamentary nature, to take the proof of wills, grant letters of administration, appoint guardians, etc. Also exclusive cognizance of all crimes and offenses, the punishment of which was not capital, and then, if the defendant so desired. In 1816 the power of trying the latter class of cases was taken from the court of common pleas, and by many subsequent acts their powers were defined and regulated. In 1831 this court was given exclusive cognizance of all crimes and offenses, the punishment of which was not capital; also original and concurrent jurisdiction with the supreme court of all crimes and offenses the punishment of which was capital. Thus the judiciary remained with immaterial changes until the adoption of the new constitution. at which time the courts were again reorganized.
JUSTICES OF THE PEACE.
When the state was organized. a law was passed, April 16, 1803, providing for the, election in every township of justices of the peace, the nuniber to be determined by the court of common pleas. The official term was three years, and many subsequent acts were passed defining and regulating the duties and powers of this court. Under the constitution of 1851 a competent number of justices was authorized to be elected in each totwnship, the term of service being the same as under the old constitution. The jurisdiction of justices is fully established by law and will be found further along in this chapter. Although the office of justice of the peace is generally looked upon as an insignificant one, yet it has done its share in molding the law-abiding sentiment of every community and causing evil doers to respect the power and majesty of the judiciary.
CIRCUITS.
Under the old constitution. the state, as already mentioned. was divided into judicial circuits, which were increased and changed from time to time. as necessity and the growing population demanded. The territory composing Madison county was then a portion of Franklin, and belonged. of course, to whatever circuit the latter county was in. It will, therefore, be proper to give the organization of the circuits into which this county was thrown from 1803 until 1852. In 1803, the second circuit was composed of Adams, Scioto, Ross, Franklin, Fairfield and Galia counties, to which Muskingum was added in 1804. In 180S the state was divided into four circuits. the second being Adams, Highland. Scioto. Galia. Ross, Franklin and Delaware counties. In February, 1810, the counties forming the second circuit were Ross, Pickaway. Madison, Fayette, Highland. Clermont. Adams, Scioto and Galia. The following year the circuit was again changed and comprised the counties of Pickaway. Franklin. Madison, Fayette. Highland, Clermont. Adams, Scioto, Galia and Ross. On the 27th of February, 1816, the state was divided into six circuits and this county became a part of the sixth, to wit. Clermont, Clinton, Greene. Champaign, Delaware, Franklin. Madison and Fayette. In January, 1818, the seventh circuit was created, leaving the following counties com- prising the sixth, viz: Franklin, Delaware, Madison, Clark, Champaign, Logan, and Fayette. Upon the erection of Union county in 1820, the sixth circuit contained Dela- ware, Franklin, Fairfield, Perry, Pickaway, Madison and Union. Thus it remained for four years, when another change occurred, and the following counties composed the sixth circuit : Madison, Fayette, Ross, Pickaway, Hocking. Fairfield and Franklin. In
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MADISON COUNTY, OHIO.
Jannary, 1534, the state was divided into twelve circuits, this county forming a part of the twelfth, viz: Clark. Madison, Franklin, Delaware, Union. Logan, Harding and Champaign, and thus it remained until 1851 when the new constitution was adopted.
JUDICIARY SINCE 1851.
The constitution of 1851 provided for the reorganization of the judiciary, to consist of the supreme court, district courts, conrts of common pleas, probate courts, justices of the peace and such other courts inferior to the supreme court as the Legislature may from time to time establish.
SUPREME COURT.
This tribunal consisted of live judges, to be chosen by the electors of the state at large and whose official term was five years. Its sessions were held in Columbus and its original jurisdiction was limited to quo warranto, mandamus, habeas corpus, pro cendendo and such appellate jurisdiction as provided by law, extending only to the judg- ments and decrees of courts created and organized in pursuance of the constitutional provisions. It had power when in session to issue writs of error and certiorari in criminal cases and super cededs in any case, and all other writs which may be neces- sary to enforce the due administration of justice throughout the state. It had also power to review its own decisions.
COURT OF COMMON PLEAS.
The new constitution provided for the division of the state into judicial districts, and each district into subdivisions; in each sub-division, one common pleas judge, who must be a resident of said subdivision, was to be chosen by the qualified electors therein. but the Legislature could increase the number of judges whenever such becomes neces- sary. The state was divided into nine judicial districts. The counties of Adams, Brown and Clermont formed the first subdivision : Highland, Ross and Fayette, the second, and Pickaway, Franklin and Madison, the third subdivision of the fifth judicial district. On the 29th of March. 1875, a law was passed cutting the third subdivision in two and thus creating an extra subdivision of the fifth judicial district : but the act was subse. quently declared unconstitutional by the supreme court. although the judge elected mider said act was allowed to serve his full term. In May, 1878, an act was passed redistricting the state into five judicial districts, but the same decision of the supreme court applied to this act and it never took effect. The constitution confers no jurisdic- tion whatever upon the court of common pleas, in either criminal or civil cases. but it is made capable of receiving jurisdiction in all such cases, yet can exereise none until conferred by law. It has original jurisdiction in all civil cases, both at law and in equity. where the sum of matter in dispute exceeds the jurisdiction of the justices of the peace, and appellate jurisdiction from the decision of county commissioners, justices of the peace and other inferior conrts of the proper county in all civil cases: and also of all crimes and offenses; except in cases of minor offenses, the exclusive jurisdiction of which is invested in the justices of the peace, or that may be invested in courts inferior to the common pleas. It also has jurisdiction in cases of divorce and alimony. Three terms of the court of common pleas are usually held in each county annually.,
ASSOCIATE JUDGES.
Under the territorial government in 1788, the office of associate judge was estab- lished. At that time a law was passed by which not less than three nor more than five justices were to be appointed by the governor in each county, and known as the county court of common pleas. The law, as amended in 1790. made the number not less than three nor more than seven, and these judges transacted the minor law business of the
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county. By the Constitution of 1802 it was provided that not more than three nor less than two associate judges should be appointed in each county, and they must be residents thereof, should be elected by joint ballot of the General Assembly, fixing their official term at seven years. In 1810, the number of associate judges in each county was permanently fixed at three, who, together with the presiding judge of the circuit, constituted the court of common pleas. The associates also had power to hold special sessions, try cases and transact the legal business of the county in the absence of the presiding judge. Under the Constitution of 1851, the judiciary was re-organized, the office of associate, judge abolished. and it was never again established.
The following is a list of those who filled the office of associate judge in this county from the time of the erection of Madison county. in 1810, until the adoption of the new constitution of 1851 : 1810. Isaac Miner, Samuel Baskerville. David Mitchell (Isaac Miner resigned and was succeeded by John Arbuckle) : 1811-16. John Arbuckle, Samuel Baskerville, David Mitchell : 1817-19. Samuel Baskerville, David Mitchell, James Curry (James Curry was elected representative and resigned ) : March, 1820, the associate judges were Samuel Baskerville, Isaac Howsman, Thomas Gwynne. the two latter being only temporary, and, in November. Isaac Howsman was re-appointed, while William Lewis and Samuel Culbertson succeeded Baskerville and Gwynne: in the following year. Will- iam Lewis was elected to the Legislature, and was succeeded by Jolin Arbuckle as judge ; 1821-23. Isaac Howsman. Samuel Culbertson. John Arbuckle; 1824-35. Isaac Howsman, George Linson, John Arbuckle :: 1836-37, Isaac Howsman, George Linson, Nathan Bond ; 1838-39, Isaac Howsman. Nathan Bond. William Blaine; 1840. Isaac Howsman, William Blaine, Isaac Jones: May, 1841. William Blaine, Isaac Jones, Thomas Jones; October, 1841. Isaac Jones. Thomas Jones, James Rayburn: 1842, Isaac Jones, Thomas Jones, Jacob Garrard; March, 1843. Thomas Jones. Jacob Garrard, James Rayburn; May, 1843- 44. Thomas Jones. Jacob Garrard. William 'T. Rowe: 1845-49, Thomas Jones, William T. Rowe. Patrick McLene: January, 1850. Thomas Jones, Patrick McLene. John Rouse ; April. 1850-51. Thomas Jones, Edward Fitzgerald, John W. Simpkins. The latter three men were the last to sit on the associate judges' bench in this county. Isaac Howsman served the longest term of years, with Isaac Jones and Samuel Baskerville tied for second honors .. Howsman served twenty consecutive years, while Jones and Baskerville served. ten years each.
. DISTRICT COURTS.
The district courts were composed of the judges of the court of common pleas of their respective districts and one of the supreme judges, any three of whom was' a quorum: For the purposes of the district courts, the nine judicial districts were divided into circuits. Its sessions were held once a year in each county. but the judges had power to appoint special terms for good cause. This court had original jurisdiction with the supreme court and appellate jurisdiction from the court of common pleas of all cases in equity in which the parties had not the right to demand a trial by jury : the district courts had power in certain cases to allow injunctions and to appoint receivers and also to review their own decisions.
JUSTICES OF THE PEACE.
The jurisdiction of justices of the peace in civil cases, with a few exceptions, is limited to the townships in which they reside; they have, however, authority co-ex- tensive with their respective counties, among other things, to administer oaths. to take acknowledgment of instruments of writing, to solemnize marriage. to issue subpoenas for witnesses in matters pending before them, to try actions for forcible entry and detention of real property, to issue attachments, and proceed against the effects and goods of debtors in certain cases, and to act in the absence of the probate judge in the
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trial of contested elections of justices of the peace. Under certain restrictions, justices of the peace shall have exclusive jurisdiction of any sum not exceeding one hundred dollars, and concurrent jurisdiction with the court of common pleas in any sum over one hundred dollars and not exceeding three hundred dollars. Justices are conservators of the peace and may issue warrants for the apprehension of any person accused of crime, and require the accused to enter into a recognizance with security, or, in default of bail, commit him to jail to answer before the proper court for the offense. Persons acensed of offenses punishable by fine or imprisonment in the jail, brought before the magistrate on complaint of the injured party. and who pleads guilty. may be sentenced by the magistrato or be required to appear before the proper court for trial.
PIONEER COURTS OF MADISON COUNTY.
Pursuant to an act of the General Assembly. passed on the 16th of February, 1810, establishing the county of Madison, Isaac Miner, Samuel Baskerville and David Mitchell met at the house of Thomas Gwynne, ou Deer creek, the temporary seat of justice of said county. April 6. 1810. and produced their commission from the governor of Ohio as associate judges of Madison county. The oath of office was administered to then by Jonathan Minshall, a justice of the peace of said county, whereupon the judges pro- ceeded to advertise the time and place for holding an election for the purpose of elect- ing the following county officers, viz: Sheriff, coroner and three county commissioners. Robert Hume was elected by the judges, clerk and recorder pro tem. This completed the business for which the court met. On the 17th of May. 1810, the associate judges opened court at the same place. Letters of administration were granted to Ziba Will- gett on the estate of Luther Wingett, deceased. Ziba Wingett executed a bond, together with Luther and Abijah Cary, as security in the penalty of seven hundred dollars, and court thereupon appointed said Cary and Thomas Gwynne appraisers of said estate. This was the first probate business executed in Madison county.
The first regular session of the court of common pleas was opened at the house of Thomas Gwynne, Monday, July 30, 1810; present, Hon. John Thompson, president, Isaac Miner and Samuel Baskerville, associates. The following grand jurors were empaneled : Elias Langham, foreman, Andrew Cypherd. Hugh Montgomery, Curtis Ballard, Charles Atchison, Paul Adler, Thomas Foster. Nicholas Moore, William Blaine, John McDonald. Nehemiah Gates, William Gibson, Andrew Shields, Phillip Lewis and John Arbuckle. The court then appointed Ralph Osborn as prosecuting attorney and Robert Hume as clerk for the constitutional term of seven years. On the following day the court met pursnant to adjournment. the president and three associates being present. Its first act was accepting and ordering to be recorded the will of John Blair, deceased, Samuel Blair and Samuel. McNutt being the executors of the same. This was the first will ever admitted to record in Madison county. Elias Langham, having been appointed to examine applicants for the office of county surveyor, recommend Patrick McLene, whom the court appointed to the position. The first indictment at this session was against George Blair for assault and battery, who pleaded guilty and was fined one dollar and costs. Indictments were found against Phillip Cryder, John Graham and Nathan Frakes, and the causes continued. H is a well-authenticated tradition that the first grand jury held its session in a hazel thicket on what is now the Gwynne farm. abont half way between the Gwynne house and the village of Lafayette. Ralph Osborn was allowed twenty-five dollars as compensation for his services as prosecuting attorney,' and after some other business all cases ou the docket were continued and court adjourned until the next November term. The next term of the court of common pleas began on November 19. 1910. with John Thompson, president. Samuel Baskerville and David Mitchell, associates. The grand jurors were. Jonathan Minshall, foreman, David Groves.
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