USA > Ohio > Portage County > History of Portage County, Ohio > Part 37
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112
Jacob Eatinger, Ravenna.
Jacob Stough, Ravenna.
John Boosinger, Ravenna. Daniel Haynes, Ravenna. John Chapman, Deerfield. Thomas Wright, Ravenna.
Jonathan Foster, Suffield.
Oliver Dickinson, Randolph.
Delaun Mills, Nelson. John Goss, Randolph.
Isaac Mills, Nelson.
1
J. L. Haymaker
325
HISTORY OF PORTAGE COUNTY.
Arthur Anderson, Ravenna.
Calvin Ward, Randolph.
Phillip Willyard, Rootstown.
Henry Ely, Randolph.
Michael Simcox, Ravenna.
Jeremiah Sabin, Randolph.
Ebenezer Goss, Randolph.
Nathan Chapman, Rootstown. John Wright, Jr., Ravenna.
Joseph Harris, Randolph.
Abraham Toms, Ravenna. Jotham Atwater, Mantua. Abel Forsha, Ravenna.
Joel Gaylord, Hudson. Samuel Andrews, Rootstown.
Samuel Baldwin, Aurora.
David Goss, Randolph.
John Ward, Ravenna.
Elias Harmon, Mantua.
Jotham Blakesly, Ravenna.
Lewis Day, Deerfield.
Samuel McCoy, Rootstown.
Seth Day, Deerfield.
Oliver Mills, Hiram. James Laughlin, Deerfield.
Bazel Windsor, Jr., Mantua.
Samuel Moore, Mantua.
Bela Hubbard, Randolph.
Oliver Forward, Aurora.
John Mc Whorter, Ravenna.
Henry Rogers, Deerfield.
Henry O'Neil, Rootstown.
George Wilber, Atwater.
William Price, Ravenna.
Samuel H. Ferguson, Aurora.
Asa D. Keyes, Shalersville.
Beman Chapman, Rootstown.
Conrad Boosinger, Ravenna.
Nathan Muzzy, Deerfield.
Henry Sapp, Ravenna.
Ephriam Chapman, Rootstown.
Aaron Weston, Randolph.
Asa Betts, Deerfield.
Robert Campbell, Ravenna.
Enoch Harrymon, Ravenna.
David Moore, Ravenna.
Stephen Mason, Deerfield.
Gersham Bostwick, Rootstown.
Joseph Murrill, Deerfield.
Reuben Tupper, Suffield.
Alva Day, Deerfield.
1808-Vote for Governor: Samuel Huntington, 118; Thomas Worthington, 152; Thomas Kirker, 9. Total, 279.
1810-Vote for Governor: Return J. Meigs, 250; Thomas Worthington, 28. Total, 278.
1812-Vote for Governor: Return J. Meigs, 295; Thomas Scott, 000. Total, 295.
1814-Vote for Governor: Thomas Worthington, 367; Othniel Looker, 78. Total, 445.
1816-Vote for Governor: Thomas Worthington, 99; James Dunlap, 000; Ethan Allen Brown, 320. Total, 419.
1818-Vote for Governor: Ethan Allen Brown, 558; James Dunlap, 1. Total, 559.
1820-Vote for Governor: Ethan Allen Brown, 679; Jeremiah Morrow, 24; William Henry Harrison, 28. Total, 731.
1822 -- Vote for Governor: Jeremiah Morrow, 833; Allen Trimble, 202; William W. Irvin, 16. Total, 1,051.
1824-Vote for Governor: Jeremiah Morrow, 60; Allen Trimble, 1,090. Total, 1,150.
1826- Vote for Governor: Allen Trimble, 1,055; John Bigger, 2; Alexan- der Campbell, 1; Benjamin Tappan, 7. Total, 1,065.
1828-Vote for Governor: Allen Trimble (National Republican), 1,414; John W. Campbell (Democrat), 437. Total, 1,851.
1828-Vote for President: John Quincy Adams (National Republican), 2,110; Andrew Jackson (Democrat), 853. Total, 2,963.
1830-Vote for Governor: Duncan McArthur (National Republican), 1,562; Robert Lucas (Democrat), 625. Total, 2,187.
18
Amzi Atwater, Mantua.
David Root, Rootstown.
326
HISTORY OF PORTAGE COUNTY.
1832-Vote for Governor: Darius Lyman (Whig and Anti-Mason), 2,084; Robert Lucas (Democrat), 1,368. Total, 3,452.
1832-Vote for President: Andrew Jackson (Democrat), 1,406; Henry Clay (Whig), 2,327; William Wirt (Anti-Mason), 2. Total, 3,735.
1834-Vote for Governor: Robert Lucas (Democrat), 2,074; James Find- lay (Whig and Anti-Mason), 2,362. Total, 4, 436.
1836-Vote for Governor: Joseph Vance (Whig and Anti- Mason), 3,056; Eli Baldwin (Democrat), 2,525. Total, 5,581.
1836-Vote for President: William Henry Harrison (Whig), 3,302; Mar- tin Van Buren (Democrat), 2,683. Total, 5,985.
1838-Vote for Governor: Wilson Shannon (Democrat), 3,051; Joseph Vance (Whig and Anti-Mason), 3,252. Total, 6,303.
1840-Vote for Governor: Thomas Corwin (Whig), 2,544; Wilson Shan- non (Democrat), 2,120. Total, 4,664.
1840-Vote for President: William Henry Harrison (Whig), 2,542; Mar- tin Van Buren (Democrat), 1,963; James G. Birney (Liberty), 16. Total, 4,503.
1842-Vote for Governor: Wilson Shannon (Democrat), 2,181; Thomas Corwin (Whig), 2,301; Leicester King (Abolition or Free Soil), 133. Total, 4,615.
ยท 1844-Vote for Governor: Mordecai Bartley (Whig), 2,467; David Tod (Democrat), 2,360; Leicester King (Abolition or Free Soil), 234. Total, 5,061.
1846-Vote for Governor: William Bebb (Whig), 1,858; David Tod (Democrat), 1841; Samuel Lewis (Abolition or Free Soil), 163. Total, 3,862.
1848-Vote for Governor: John B. Weller (Democrat), 2,234; Seabury Ford (Whig), 2,249. Total, 4, 483.
1850-Vote for Governor: Reuben Wood (Democrat), 2,104; William Johnston (Whig), 1,249; Edward Smith (Abolition or Free Soil), 000. Total, 3,353.
1851-Vote for Governor: Reuben Wood (Democrat), 2,198; Samuel F. Vinton (Whig), 1,117; Samuel Lewis (Abolition or Free Soil), 787. Total, 4,102.
1853-Vote for Governor: William Medill (Democrat), 2,160; Nelson Barrere (Whig), 682; Samuel Lewis (Abolition or Free Soil), 1,222. Total, 4,064.
1855-Vote for Governor: William Medill (Democrat), 1,861; Salmon P. Chase (Republican), 2,660; Allen Trimble (American or Know-nothing), 10. Total, 4,531.
1857-Vote for Governor: Salmon P. Chase (Republican), 2,696; Henry B. Payne (Democrat), 1,956; Philip Van Trump (Know-nothing), 000. Total, 4,652.
1859-Vote for Governor: William Dennison (Republican), 2,620; Rufus P. Ranney (Democrat), 2,038. Total, 4,658.
1860-Vote for President: Abraham Lincoln (Republican), 3,065; Stephen A. Douglas (Democrat), 1,970; John C. Breckinridge (Democrat), 117; John Bell (American or Union), 7. Total, 5,159.
1861-Vote for Governor: David Tod (Republican), 3, 274; Hugh J. Jewett (Democrat), 559. Total, 3,833.
1863-Vote for Governor: John Brough (Republican), 3,677; Clement L. Vallandigham (Democrat), 1,788. Total, 5,465.
1864-Vote for President: Abraham Lincoln (Republican), 3,478; George B. McClellan (Democrat), 1,918. Total, 5,396.
1865-Vote for Governor: Jacob D. Cox, (Republican), 2,853; George W. Morgan (Democrat), 1,932. Total, 4, 785.
327
HISTORY OF PORTAGE COUNTY.
1867-Vote for Governor: Rutherford B. Hayes (Republican), 3,342; Allen G. Thurman (Democrat), 2,317. Total, 5,659.
1868-Vote for President: Ulysses S. Grant (Republican), 3,604; Horatio Seymour (Democrat), 2,362. Total, 5,966.
1869-Vote for Governor: Rutherford B. Hayes (Republican), 3,213; George H. Pendleton (Democrat), 2,241. Total, 5,454.
1871-Vote for Governor: Edward F. Noyes (Republican), 2,970; George W. McCook (Democrat), 2,139; Gideon T. Stewart (Prohibition), 47. Total, 5,156.
1872-Vote for President: Ulysses S. Grant (Republican), 3,478; Horace Greeley (Independent Republican and Democrat), 2,438; James Black (Green- back), 27; Charles O'Connor (Independent Democrat), 50. Total, 5,993.
1873-Vote for Governor: Edward F. Noyes (Republican), 2,285; William Allen (Democrat), 2,056; Gideon T. Stewart (Prohibition), 272; Isaac Collins (Liberal), 24. Total, 4,637.
1875-Vote for Governor: Rutherford B. Hayes (Republican), 3,402; William Allen (Democrat), 2,859; Jay Odell (Prohibition), 54. Total, 6,315.
1876 -- Vote for President: Samuel J. Tilden (Democrat), 3,006; Ruther- ford B. Hayes (Republican), 3,712; G. Clay Smith (Prohibition), 27; Peter Cooper (Greenback), 14. Total, 6, 759.
1877-Vote for Governor: William H. West (Republican), 3,031; Richard M. Bishop (Democrat), 2,624; Stephen Johnson (Greenback), 287; Henry A. Thompson (Prohibition), 69. Total, 6,011.
1879-Vote for Governor: Charles Foster (Republican), 3,652; Thomas Ewing (Democrat), 3,104; A. Sanders Piatt (Greenback), 114; Gideon T. Stewart (Prohibition), 56. Total, 6,926.
1880-Vote for President: James A. Garfield (Republican), 3,990; Win- field Scott Hancock (Democrat), 3,147; James B. Weaver (Greenback), 86; Neal Dow, (Prohibition), 36. Total, 7,259.
1881-Vote for Governor: Charles Foster (Republican), 3,365; John W. Bookwalter (Democrat), 2,548; Abraham R. Ludlow (Prohibition), 116; John Seitz (Greenback), 70. Total, 6,099.
1883-Vote for Governor: Joseph B. Foraker (Republican), 3,381; George Hoadly (Democrat), 3,002; Ferdinand Schumacker (Prohibition), 167; Charles Jenkins (Greenback), 41. Total, 6,591.
1884-Vote for President: Grover Cleveland (Democrat), 3,273; James G. Blaine (Republican), 3,931; John P. St. John (Prohibition), 217; Benjamin F. Butler (Greenback Labor Reform), 122. Total, 7,543.
328
HISTORY OF PORTAGE COUNTY.
CHAPTER X.
THE JUDICIARY-ORGANIZATION OF THE COURT OF COMMON PLEAS IN OHIO, AND ITS SUBSEQUENT CHANGES-PIONEER COURTS OF PORTAGE COUNTY-SESSIONS OF 1808-09, AND THIE JURIES AND TRIALS OF THOSE TWO YEARS-ANECDOTES OF PIONEER JUSTICE IN THIS COUNTY-COMMON PLEAS JUDGES-ASSOCIATE JUDGES-PROSECUTING ATTORNEYS-RIDING THE CIRCUIT-PIONEER RESI- DENT AND VISITING LAWYERS-BRIEF SKETCHIES OF LEADING MEMBERS OF THE BENCH AND BAR-PRESENT BAR OF PORTAGE COUNTY-THE PORTAGE COUNTY MEDICAL ASSOCIATION.
A S people often fail to agree respecting their rights and duties, and as they sometimes violate their agreements, and even 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 disagreeing parties, to investigate and decide whether the laws are observed or violated, and to pronounce judgment according to law and the just deserts of the citizen. These determinations are called judicial. Upon the organi- zation of the Northwest Territory, courts were established and laws promul- gated for its proper government. The Court of Common Pleas was the first to take shape, being established by the Governor and Judges at Marietta, Angust 23, 1788. This Court was first composed of not less than three and not more than five Justices, appointed by the Governor in each county, and known as the "County Court of Common Pleas," but in 1790 the number of Justices was increased to not less than three and not more than seven in each county, and the regular sessions were, by the same act, increased from two to four annually. When Ohio was admitted into the Union, its judiciary was re-organized. The State was divided into circuits, for each of which a Judge, who had to be a lawyer in good standing, was elected by the General Assembly, whose term of office was seven years. Three Associate Judges were chosen in each county by the same body, and for the same length of service, and were usually farmers or intelligent business men. The President Judge with the Associates com- posed the Court of Common Pleas of each county, and thus this Court remained until the re-organization of the judiciary under the Constitution of 1851. That instrument provided for the division of the State into judicial districts, and each district into subdivisions. It abolished the office of Associate Judge, and directed that in each sub-division one Judge of the Court of Common Pleas, who had to be a resident thereof, should be elected by its qualified elec- tors. The official term was fixed at five years, and the Legislature reserved the power to increase the number of Judges in each subdivision whenever such became necessary.
Prior to the erection of Portage County, all of its judicial business, except- ing that transacted by its Justices of the Peace, was done at Warren, the county seat of Trumbull County. The first session of the Court of Common Pleas in this county left the following record of its preliminary proceedings: "State of Ohio, County of Portage, Tuesday, August 23, 1808. This being the day appointed by law for the sitting of the Court of Common Pleas for said county, the Court opened, present Calvin Pease, Esq., President, and William Wetmore, Aaron Norton and Amzi Atwater, Esqs., Associate Judges.
329
HISTORY OF PORTAGE COUNTY.
" The report of Robert Simison, Samuel Hunter and Rezin Beall, Com- missioners appointed to fix the seat of justice for the County of Portage, was made to the Court, which being read was ordered to be recorded.
"Ordered that the Court adjourn till 2 o'clock in the afternoon to meet at the house of Robert Eaton.
" Tuesday, 2 o'clock, afternoon, the Court opened pursuant to adjournment, present, the same judges as in the morning.
"The grand jury being called, came to-wit: Ebenezer Pease, Samuel Bishop, David Hudson, Robert Bissel, Moses Thompson, Stephen Baldwin, Samuel Andrus, Jacob Reed, John Campbell, Wiley Hamilton, Ethelbert Baker, Alfred Wolcott, John Hutton, Jeremiah Root and David Abbott. The Court appointed David Hudson, Esq., foreman of the grand jury, and the jury being sworn and affirmed, were charged by the Court and sent out."
The act erecting the county designated the house of Benjamin Tappan as the place for holding the courts until a seat of justice should be selected; but tradition says that when the Court met at the appointed place on Tuesday morning, August 23, 1808, Tappan's residence was a smoldering ruin, having been burned to the ground the previous night, and that the Court organized in the open air under the spreading branches of a large tree. The writer cannot vouch for the truth or falsity of this pioneer tradition, but it is, however, a fact, that after organizing and accepting the report of the Commissioners appointed by the Legislature to select the site for the county seat, the Court adjourned to meet at Robert Eaton's house in the afternoon of the same day. This building, which is yet standing in a good state of preservation, is now (January, 1885,) the residence of R. J. Thompson, Esq., and is located about two miles and a half southeast of Ravenna. It was utilized by the Common Pleas' and Commissioners' Courts until the completion of the first Court House in 1810, and is therefore very closely identified with the early history of the county.
The first case that came before the Court at this session was the petition in chancery of James Beatty vs. Benjamin Tappan and Benjamin Tappan, Jr., which was continued until the succeeding term. The second case was a petition for par- tition of Ezekiel Williams, Jr., and others vs. Timothy Burr and others, which was also continued to allow notice of said petition to be advertised in the Western Herald, of Steubenville, Ohio, and the American Mercury, of Hartford, Conn. The next business was the appointment of Joel Walter as administrator of the estate of Heman Lucas, deceased, of Hudson, with David Hudson, Owen Brown and Abraham Thompson, appraisers of said estate. The Court then appointed Asa D. Keyes Prosecuting Attorney, which position he filled until the close of 1808. John Cochrane and Amzi Atwater, administrators on the estate of Solomon Cochrane, were given authority to fulfill the terms of a con- tract previously entered into by the deceased, in the sale of fifty acres of land to James Nutt. By this time the evening of the first day was fast approaching, and, the whisky bottle having circulated pretty freely, some of the audience had grown boisterous. The Court thereupon decided to uphold its dignity, which the following official item attests:
STATE OF OHIO, ) VS. Summary proceeding for contempt.
SAMUEL TAYLOR. )
This day came the said Samuel Taylor in custody of the Sheriff, and is set to the bar of the Court, to receive the sentence of the law for a contempt this day committed in open court, by disorderly and contemptuous behavior, of which the said Samuel is con- victed on the personal view of the Court, whereupon it is considered by the Court that the said Samuel for the contempt aforesaid pay a fine of $5 into the treasury of the County of Portage, and the cost of prosecution, and stand committed until sentence is performed.
330
HISTORY OF PORTAGE COUNTY.
The last business of the first day's proceedings was a case in debt of Zebina Wetherbee vs. John Haymaker and George Haymaker, which was continued till the next term. The Court then adjourned until the following morning, Wednesday, August 24, which was largely taken up with probate business and suits in debt, the latter being generally continued. The grand jury, however, appeared with two indictments against William Simcox, of Franklin Township, one for larceny and one for "breach of the Sabbath," after which it was dis- charged. The larceny case consisted of an accusation that Wilcox shot a tame deer, valued at $3, belonging to David Jennings, of Franklin Township, and took the carcass to his home. The following jury was impaneled and tried the case: Abraham Thompson, George W. Holcomb, Oliver Forward, William Skinner, William Kennedy, Jr., William Price, John Campbell, Frederick Caris, William Calhoon, John Whittlesey, Enos Davis and Ephraim B. Hub- bard. The accused pleaded not guilty, and though vigorously prosecuted by Prosecutor Keyes, he was so found by the jury, and discharged from custody. The second charge against Simcox was, that on the 15th of June, 1808, he "wick- edly and maliciously interrupted, molested and disturbed the religious society of said Franklin Township, while meeting, assembled and returning from divine worship, by sporting and hunting game with guns and hounds." We would be apt to conclude upon reading this serious charge, that the defendant was what is now commonly known as a "bad man," but those were the days when any deviation from the Puritanical ideas of the majority of the first set- tlers, was looked upon as a heinous crime. Simcox pleaded guilty to the charge of Sabbath breaking, and was fined $1.50 and costs, the latter amounting to $5. This closed the first session of the Court of Common Pleas of Portage County.
On the 27th of December, 1808, the second session of the Court of Com- mon Pleas opened, with William Wetmore, Aaron Norton and Amzi Atwater, Associate Judges, on the bench, and lasted three days. The grand jury called at this term was composed of the following pioneers: David Daniels, Ira Morse, David Jennings, Amos Lusk (foreman), Moses Pond, John Red- ding, Titus Wetmore, George Darrow, Sr., Nathan Moore, George Taylor, Enoch Judson, Caleb Wetmore, David Hudson, Jeremiah Root and Stephen Mason. It found but one indictment, viz .: Against John Boosinger, for assault, who acknowledged his guilt, and was fined $4 and costs, the whole coming to $9.21. The three days were principally taken up in probate busi- ness, cases of debt, petitions in chancery and partition, most of the suits being continued until the following term.
The proceedings in the Court of Common Pleas during the second year were almost a repetition of the first, though breaches of the peace became more numerous as the population increased, and at every session there were more or less cases tried in which muscular development had attempted to invade the rights of the law by settling disputes in the old-fashioned way of personal combat. The April term, 1809, was held by the three Associates who presided at the previous December sitting, with Thomas D. Webb as Prosecut- ing Attorney. The grand jurors called at this session were Elias Harmon (foreman), James Carter, Gersham Bostwick, Owen Brown, Hiram Roundy, Nathan Sears, Ebenezer Goss, Bela Hubbard, David Waller, Gersham Jud. son, James M. Hendry (now spelled Heury), Stephen Upson, Timothy Bishop, Jacob Reed and David Root. Indictments were returned against Epaphrodi- tus Stiles and John McManns for assault and battery. The term lasted four days, from the 25th to the 2Sth inclusive, and the only petit jury empaneled were as follows: Pascal R. McIntosh, Oliver Dickinson, Oliver C. Diekinson,
331
HISTORY OF PORTAGE COUNTY.
Benjamin Oviatt, Mahlon Calvin, Ezra Wyatt, Daniel Stow, Thomas Vanhy- ning, Silas Waller, Asher Ely, David Baldwin and Stephen Cotton, before whom James Walker was tried for an assault upon Robert Campbell, and con- victed.
The next session was held August 22, 23 and 24, 1809, by Hon. Calvin Pease and the three Associates of the previous terms. The grand jury was composed of the following citizens: Gamaliel Kent, Isaac Mills, John Rudolph, David Jennings, Arthur Anderson, Ebenezer Bostwick, James Laugh- lin, Aaron Miller, David Hudson (foreman), Jonathan Sprague, Raphael Hurl- but, George Darrow, Jr., Amos Lusk, Lewis Ely and Samuel Bishop. The first petit jury of this term tried a non-assumpsit case of John Wright, Sr., vs. Frederick Caris, and decided in favor of the plaintiff. The jurors of this panel were Jeremiah Root, David Pond, Moses Smith, Anson Beman, Mun Day, Adam Vance, Henry Vanhyning, Elisha Perkins, Reuben Parker, Henry
Bryan, William Neil and Joseph Fisher. The second petit jury tried and convicted John McManus for assault and battery. Its members were Reuben Parker, Joseph Fisher, Henry Vanhyning, Frederick Caris, Jr .. Jeremiah Root, William Neil, David Pond, Elisha Perkins, Moses Smith, Anson Beman, Mun Day and Henry Bryan. The third jury trial of this session was a non- assumpsit suit of Caleb Wetmore vs. Elijah Wadsworth, the jury being the same as in the second panel, excepting John Wright, Jr., and Adam Vance replacing Moses Smith and Anson Beman. The case was decided in favor of the defendant. The fourth jury of this term was also the same as the second, excepting Adam Vance instead of Anson Beman, and tried a non-assumpsit suit of James Arbuckle for the use of John Keating vs. William and Titus Wetmore, which was decided in favor of the plaintiff.
The last session of the second year was held December 26, 27 and 28, 1809, the same President and Associate Judges being on the bench, except Judge Wetmore, who was appointed Clerk of the Court of Common Pleas, and the vacancy on the bench was not filled until the meeting of the Legislature in 1810. The grand jurors of this session were Lewis Ely, Robert Campbell, John Blair, Ebenezer Sheldon, Josiah Starr, Joseph Darrow, Heman Oviatt, (foreman), James Robinson, Josiah Mix, Henry Chittenden, Champlin Minard, Benjamin Stow, Erastus Carter, John Oviatt and Jeremiah Root. Indictments were found against John Bolles, David Wright and Philip Ward, for assault and battery; against Joshua King for selling liquors in less quantities than allowed by his license; and against Isaac Bacon for a breach of the revenue laws. The case against David Wright for an assault upon Jacob Vanhyning, was tried before the following jury: Joel Walter, Stephen Cotton, Elisha Sears, John McWhorter, Gideon Chittenden, Jacob Reed, Erastus Skinner, Joel Gaylord, David Root, Wiley Hamilton, Ebenezer Bostwick and Arthur Anderson, who found Wright guilty as charged in the indictment. We have now run through the first two years of the record of the Court of Common Pleas, and given a brief outline of its proceedings. In giving the lists of the several juries, the sole object the writer has in view is to furnish the reader with the names of those pioneers who took the most active part in the judicial affairs of Portage County during the earlier years of its history.
The pioneers troubled their brains very little about the written code, but were a law unto themselves. As good illustrations of their peculiar mode of administering justice in their inferior courts, the following cases will serve our purpose. A man in Randolph Township was arrested for breaking the Sabbath, found guilty and sentenced to imprisonment in Jail for six hours. But the joke of it was there was no Jail, and the prisoner was set free and the
332
HISTORY OF PORTAGE COUNTY.
complainant ordered by the Court to pay the costs of the trial. Another amus- ing case was tried July 8, 1815, before Elijah Alford, the first Justice of the Peace of Windham Township, being that of Hiram Messenger vs. Thatcher F. Conant, "for the value of an otter's hole." In going to Garrett's Mill, Messenger tracked an otter into its hole, and, as he supposed, fastened him in with a stone, and then went on his way rejoicing. Meeting Conant he sold his claim to him for $3. The purchaser had no trouble in finding the hole, but if it ever had contained an otter the animal had vanished, and Conant, therefore, refused to pay for the empty hole. Messenger sued him before Squire Alford, and recovered judgment for the $3. Conant thereupon gave notice of appeal, which the Squire prevented by paying Messenger the money, and remitting the costs of the suit. Thus the case was settled to the entire satisfaction of both parties, and the only loser in the affair was the good- natured Justice of the Peace, who took this means of preventing an expensive lawsuit, and at the same time upholding the justice of his decision.
Common Pleas Judges .- Calvin Pease, from August, 1808 to December, 1809; Benjamin Ruggles, January, 1810, to October, 1815; George Tod, October, 1815, to February, 1830; Reuben Wood, February, 1830, to February, 1833; Mathew Birchard, February, 1833, to January, 1837; Van R. Humphrey, January, 1837, to February, 1844; Eben Newton, February, 1844, to January, 1847; Ben- jamin F. Wado, February, 1847, to March, 1851; George Bliss, April, 1851, to January, 1852. As previously mentioned in this chapter, the Judges of the Court of Common Pleas, prior to 1851, were chosen by the General Assembly of the State, but the constitution framed that year abolished the Associate Judgeship, and divided the State into judicial districts and the districts into subdivisions. The counties of Portage, Trumbull and Mahoning then became the second subdivision of the Ninth Judicial District, and have so remained up to the present. The Judges elected by the people in this subdi- vision since that time, together with their respective terms of service are as follows: Luther Day, from February, 1852, to February, 1857; Benjamin F. Hoffman, February, 1857, to February, 1862; Charles E. Glidden, February, 1862, to January, 1867; George M. Tuttle, January, 1867, to January, 1872; Philo B. Conant, (extra Judge), October, 1868, to October, 1878; Charles E. Glidden, February, 1872, to February, 1877; Frank G. Servis, elected in the fall of 1876, died in March, 1877; Ezra B. Taylor, appointed March 16, 1877 (vice Servis, deceased), and elected in October, 1877, resigned in September, 1880; William T. Spear, October, 1878, second term expires in October, 1888; George F. Arrel, appointed September 20, 1880 (vice Taylor, resigned), elected in the fall of 1881, term expires in February, 1887.
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.