History of Seneca County, Ohio, containing a history of the county, its townships, towns, villages, school, churches, industries, etc., portraits of early settlers and prominent men; biographies; history of the Northwest territory; history of Ohio; statistical and miscellaneous matter, etc., etc, Part 32

Author: Leeson, M. A. (Michael A.)
Publication date: 1886
Publisher: Chicago : Warner, Beers & Co.
Number of Pages: 1088

USA > Ohio > Seneca County > History of Seneca County, Ohio, containing a history of the county, its townships, towns, villages, school, churches, industries, etc., portraits of early settlers and prominent men; biographies; history of the Northwest territory; history of Ohio; statistical and miscellaneous matter, etc., etc > Part 32

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The case in chancery of Josiah Hedges rs. Thomas Butler, Agreen Ingraham, Alexander Long and Sally Armstrong, administrators of Robert Armstrong, (deceased), and Silas McIntire Armstrong and Catherine Armstrong, was heard in November. 1828; was presented by R. Dickenson, Thomas Butler, heir of Paul D. Butler, and James Purdy, guardian ad litem of Silas, Catherine and John Armstrong, answered the complainant, and had the bill dismissed. This case, as well as that of Isaiah, Jane and Marcus Heylin vs. Spencer, Hedges, Long and the Armstrong family (brought before the court at this time) are made important by the fact that they relate closely to the settlement of Fort Ball. The case of Agreen Ingraham vs. Mary, Benjamin, Martin, Fronica, Esther and Samuel Messer, or Musser, was introduced by Abel Rawson and R. Dickenson, May 30, 1827, was completed in November, 1828. when seventy- five and a half acres were ordered to be conveyed to Ingraham, at $3 per acre. This land is situated in the northern part of the southwest quarter of frac- tional Section 36. Town 2 north, Range 14 east, and was valued by James Gordon, William Clark and Ezra Brown. appraisers. In September. 1825, William Sponable, son of John Sponable (deceased), applied for permission to sell his late father's lands in this county. John Welch, David Clark and James Mathers were appointed appraisers; but after several continuances the case was dismissed in May. 1829.

The bill in chancery filed by James Gordon, Joseph Pool and Sidney Moore vs. Jesse Spencer and Agreen Ingraham was heard in May, 1829. This was simply a suit on promissory note against Spencer, and also against Ingra- ham, as sheriff, who held some moneys arising from previous sales of Spencer's property. The sheriff was ordered to pay to the plaintiff the sum of $162.26 and costs, $8. 71. Alexander McNutt filed a bill vs. Caleb Rice, Andrew Cut- right, justice of peace, and Harry Fuller, in May, 1829, as an appeal from justice Cutright's court (March, 1828), and a protest against a supposed decree of the court of common pleas, alleged to be issued in 1828. Caleb Rice, the original plaintiff, withdrew the suit and paid $20.40 costs.

The bill of Jacob Foncannon vs. Mary Foncannon, Jane, Amanda and Samuel Chadwick was filed by Abel Rawson in 1829. This set forth that Michael Foncannon (deceased in 1827). entered in February, 1822, the west half of the northeast quarter of Section 29, Town 2 north, Range 15 east, which

R.l. Pington

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lands were claimed by the defendants. The court decreed that this property should be conveyed to Jacob Foncannon, and that the decree should be a valid conveyance in itself, in the event of the respondents not conveying such lands in legal form.

In June, 1831, president Judge David Higgins, with associate judges Selden Graves and Agreen Ingraham, present. The petition of Mrs. Shaver, to sell land, was the first case brought before them.

In October, 1830, the bill of Josiah Hedges vs. Zane Mccullough, Elliott McCullough, Samuel Mccullough, Sidney Mccullough, Levi Davis, Andrew Lugenbeel and Rollin Moller was filed, and heard by judges Higgins, Graves, Pittinger and Ingraham, in March, 1832, A. Coffinberry representing Hedges. The case against the respondents was dismissed and the plaintiff ordered to pay all costs. The petition for partition, filed by Orrel Kilbourn, vs. Case Brown, Elizabeth Ann, James M., Mary Ann, William C. and Samuel C. Stevens, heard in March, 1832, dealt with that part of Melmore on the west half of the southwest quarter of Section 23, Town 1 north, Range 15 east. Elisha Williams, George Dennison and John Downs were appointed appraisers, with instructions to set off a fourth part to Orrel Kilbourn; three equal eighth- parts to Case Brown; and three equal eighth-parts to each of the children of James M. Stevens (deceased). This was followed by the bills of Buckley Hutchins and Alice Stevens, administrators of the deceased, J. M. Stevens, asking the courts to complete the contracts of the deceased J. M. Stevens with Daniel Palmer, George Mclaughlin and John Gibson. Judge Higgins author- ized the petitioners to complete such contracts and convey the lots referred to. In October, 1832, Thomas W. Williams (who came from Great Britain in 1801, was proven, by Reuben Williams and Calvin Bradley, to have resided in the United States continuously for over five years) was naturalized. John Sulli- van, a native of Ireland, was also naturalized, Patrick Kinny giving evidence of his residence.

In October, 1832, Joel Chaffin applied for the benefit of the act for the relief of insolvent debtors. David Andricks and Benjamin Carpenter pre- sented like petitions. In 1832, the bill of the State of Maryland vs. Jacob Plane and Josiah Hedges, was heard to compel the former to pay over to Jacob Rusher a large sum of money, which he took with him to Seneca County, belonging to the said Rusher, of whom he was guardian, and to draw away from him the protection of Hedges. Parish and Bayard were counsel for plaintiff, Lawyer Wilcox for defendants. Owing to want of jurisdiction, the bill was dismissed by Judge Higgins. This case was returned for hearing in 1836.

In May, 1833, the case of Joseph Walker and John Walker vs. Archibald Johnson was heard. This was a suit to compel Johnson to convey to the Walkers certain lands on Section 14, Town 1 north, Range 14 east, which he delayed doing according to repeated verbal and written contracts. Prior to judgment this case was settled out of court. At this term, also, John Sonder, executor of William Montgomery (deceased), petitioned for leave to complete contract with John Leatherman, entered into by Montgomery, in September, 1830, for the sale of six acres in the southeast corner of Section 7, Town 2, Range 15. Sidney Smith, guardian ad litem, represented Samuel Humb, William and Isabella Montgomery, minors. The petition was granted. In March, 1833, Jehosaphat McCauley was arrested and imprisoned at the suit of Henry Cronise, and in October, 1833, he applied for the benefit of the act for the relief of insolvent debtors.

In October, 1833, the bill filed by Enoch B. Merriman and John Miller,

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partners, James McCrea, Moses Champion, David C. Morrow, John McCrea. Nathan Merriman and George Moyer, vs. Edward R. Foreman, stated that long before 1832 one Joseph Foreman owned lands on Section 33, Town 1 north, Range 17 east, and also Lot 8, in Location 3; but that such lands were now (1833) in possession of his son, the defendant; that Joseph Foreman ob- tained several lots of goods on the strength of his ownership of the lands and then left for parts unknown. The petitioners were represented by Rawson & Smith. Foreman's demurrer was set aside, and a decree against the estate, in favor of the plaintiffs, was entered,

Delilah Litt, who died in 1833, owned the northeast part of the west half of the southwest quarter of Section 31, Town 2, Range 15 east. George W. Gist was appointed administrator, and C. L. Boalt guardian of his minor heirs ad litem.

In October, 1834, Stales Edwards applied for the benefit of the Insolvent Debtors Act, also J. Adam Houseknecht. In May, 1835, Robert W. McClure made application.

In March, 1835, the case of Reuben Williams ts. Hedges was heard. This set forth the contract for building the Washington Street bridge. Williams was represented by Sidney (Sea) Smith and Hedges by S. Smith. The bill was dismissed.

The first case in common pleas was that of Jesse Spencer vs. Josiah Hedges, petition for the issue of a summons. This was heard September 22, 1824, was granted, and served by Agreen Ingraham, the same day. Rudolphus Dickenson appeared for plaintiff, and Coffinberry, Parish and Parker for defend- ant. The bill then filed by Dickenson set forth the following causes of action: "That the said Hedges, on the 1st day of May, 1823, and at divers other days and times between that day and the commencement of this action, with force and arms, etc., broke and entered a certain close of the said Jesse Spencer, situate, lying and being in the township of Seneca (Clinton), and then and there pulled down, prosecuted and destroyed a great part, to wit: forty perches of a certain mill-dam of the said Jesse Spencer, of great value, to wit: of the value of $200; and also then and there tore down and dug up great quantities, to wit: 1,000 wagon loads of stone from off the said close and dam of the said Jesse Spencer, to wit: to the further value of $300, and then and there took and carried away, and converted the same to his, the said Josiah Hedges' own use.

* * And also, that the said Josiah Hedges, on the day and year last aforesaid, and on divers other days and times, etc., broke and entered another close of the said plaintiff, situate abutting toward the west on that part of the Armstrong Reservation, which lies between a place forty poles north of the place called Camp Ball, and the south line of the said Arm- strong Reservation, and abutting toward the east on the eastern bank of the Sandusky River, opposite the saw-mill on said reservation, etc., etc., etc." The defendant filed a demurrer and had the case continued until April, 1825, when Hedges was found guilty by a jury, and assessed $8 damages and $26.75 costs. The jury in this case comprised Elisha Clark, Ezra Brown, William Foncannon, Peter Yeaky, Ezekiel Sampson, James Cutright, Jacob S. Jennings, Samuel Scothorn, Smith Kentfield, James Mathers, John C. Donnell and Jesse Gale.

The first bill filed for naturalization or citizenship was that by William Doyle, of Ireland, September, 1824. There was never a more demonstrative or devout renunciation of loyalty to any government, or a more earnest deter- mination to be true to his new citizenship, than that made by the said Doyle before the said court of common pleas.

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Peter Pork stabbed Benazah Parker at Fort Seneca October 4, 1829, was tried in April, 1830, found guilty, and sentenced by Judge Lane to three years' imprisonment, with costs of trial, $69.28. The jury in this case comprised Ezra Baker, Henry Keller, Thomas R. Ellis, William Whitney, Thomas Brundage, Joseph Foncannon, Solomon Dimick, J. Baughman, Adam Pennington, Sel- din Graves, W. L. Clark and William Hunter. In October, 1829, when the murder became known, Associate Judge Jacques Hulburt and others secured a warrant for his arrest, and the judge, accompanied by John Harris, Jeremiah Hays, Jonathan Abbott, Stephen Ross, Silas Pike, Anson Gray, Henry Yearky, and some young people, proceeded to Pork's cabin, was admitted by his squaw, and after a hard struggle, in which Hulburt was severely stabbed, captured the desperado. Parker was equally notorious, and no one regretted his end, when he died from the result of wounds in January, 1831, while Pork had his whole mischievous head cut off in 1836 by the interpreter Herrin, whose three friends he had murdered. Justice waited on Parker and Pork (vide Indian History).

In October. 1830, the trial of Merrit Goodyear for the murder of Arthur N. Dezing was begun before Judge Lane and associate judges. The murder was committed January 1, 1830, in Clinton Township, but notwithstanding the barbarous manner in which it was carried out, Goodyear was indicted only on a charge of manslaughter. Abel Rawson prosecuted. The jury was made up of the following-named persons: William L. Clark, Julius Smith, Lyman Amsden. Thomas Clark, George Dunbar, John Kime, Jacob Garm, Ed Cooley, Noah Seitz, Joseph McClelland, Ozias Hart and David Underhill. They held the defendant not guilty.

In May. 1834, Patrick Murphy sued Andrew McMillan and James S. Parks for $5, 000 damages, for malpractice, in not setting and curing his dislocated arm.

Before the close of 1834 a large number of cases for gaming for money and property were before the courts, also for selling liquor without licenses, and a few cases of charivari, assault and battery, etc., etc.

The pioneer lawyer was a mixture of the sublime and the ridiculous. Like stage actors, these old law interpreters could appear "as mad as hatters," or "as mild as lambs," but in both conditions they remained the pioneer lawyers still, treating one another with childlike kindness out of court, but in court, endued with the feelings of their clients, they fumed and fretted, roared at and badgered witnesses, and made the neighborhood of the court house seem a very babel. The presiding judge was sometimes subjected to their peculiar, good- natured jokes, and the old associate judges never escaped their shafts of wit. As a rule the only thorough enemies the old bar had were the old associate judges. whom they called "broom sticks," "Judge Lane's dummies," and sundry equally uncomplimentary names. From early morning until late at night, whether traveling, in court, hotel or private house, the lawyer of early days -the members of "Judge Lane's gang"-never lost an opportunity to laugh at some one's expense, and thus, while earning their fees, they treated the people to a circus performance which presented more solid. side-splitting fun in one hour than all Barnum's funny men could offer in a week.

In his reminiscences of the pioneer courts, Judge Burnett writes: "The journeys of the court and bar to those remote places through a country in its primitive state, were unavoidably attended with fatigue and exposure. They generally traveled with five or six in company, and with a pack-horse to trans- port such necessaries as their own horses could not conveniently carry, because no dependence could be placed on obtaining supplies on the route; although they frequently passed through Indian camps and villages, it was not safe to rely on them for assistance. Occasionally small quantities of corn could be

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purchased for horse feed, but even that relief was precarious and not to be relied on. In consequence of the unimproved condition of the country, the routes followed by travelers were necessarily circuitous and their progress slow. In passing from one county seat to another they were generally from six to eight, and sometimes ten days in the wilderness, and at all seasons of the year were compelled to swim every water-course in their way which was too deep to be forded; the country being wholly destitute of bridges and ferries, travelers had, therefore, to rely on their horses as the only substitute for those conveniences. That fact made it common, when purchasing a horse, to ask if he were a good swimmer, which was considered one of the most valuable quali- ties of a saddle horse." Twenty years after Samuel Waggoner describes the travels of a band of lawyers in this very district of Ohio. He says: "On Thursday morning, February 5, 1846, the day after the Whig State Convention which nominated William Bebb for governor, a stage-coach of the Concord pattern, owned by Neil, Moore & Co., left Columbus for Toledo with a full load of passengers, including Morrison R. Waite, Samuel M. Young, Henry Reed, Jr., and Abner L. Backus, of Maumee City; Ralph P. Buckland and Ruther- ford B. Hayes, of Lower Sandusky (now Fremont); and Alfred P. Edgerton, of Williams County. There were others not remembered.

"The route of the stage was by the old 'Mud Pike.' through Delaware, Marion, Upper Sandusky, Tiffin, Lower Sandusky and Maumee City. The January thaw had been followed by heavy rains, and the mud was very deep; consequently, the stage made slow progress from the start. The male passen- gers often found it desirable to get out and walk for miles at a time, and frequently a long distance in advance of their conveyance. Near Worthington three or four of them went about half a mile to a sugar camp, and there enjoyed a 'taffy pull.' The company reached Delaware (twenty-four miles) at midnight. After a capital supper at the 'Old Griswold Tavern,' they passed on. The night was dark, and before they had gone a mile the stage upset. This caused a delay of two hours for repair of damages to the stage, and to procure a surgeon to sew up the scalp of a passenger. Marion was reached about midnight of the second day out. Proceeding at about the same rate the stage arrived at Lower Sandusky Sunday morning, having made the distance (105 miles) in seventy-two hours. It reached Toledo (forty miles) on Monday morning, at the end of the fourth day. The more rapid move- ment of the last day is accounted for by the fact that between Lower Sandusky and Perrysburg the road had been macadamized, leaving only the distance from Maumee City to Toledo to be traversed in mud. Not less interesting than these details of the trip is the fact that each of the passengers named has been permitted to make the passage over substantially the same route by the Colum- bus & Toledo Railroad in about as many hours as was then required in days."

On such trips one of the party would sing such quaint old songs as "Lord Lovell," and "Rosin the Bow," while all would join in the chorus.

Even as the first circuit court was preceded by Dickenson's settlement at Fort Ball, the coming of Abel Rawson, in June, 1825, was premonitory of the advent of the supreme court. July 28, 1826, Judges Charles R. Sher- man and Jacob Burnett, accompanied by almost the whole bar of northwest- ern Ohio, appeared at Tiffin, a few of whom were present here May 5, same year, at the second term of the common pleas court. Mr. Rawson was appointed prosecutor during the May term, and, though a little over a year in the county, claimed a high place among the genial legal lights who now gath- ered around him.

The nine judicial districts formed under the constitution of 1850, the first

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of which embraced Seneca, were redistricted in 1853, and this county, with Wood, Hancock, Wyandot and Crawford, was placed in the third sub-division of the Third Judicial District, with Lawrence W. Hall, judge of the district. Judge Hall was elected in October, 1851, on the Democratic ticket vs. Cooper K. Watson. Judge M. C. Whitely was elected in October, 1856, although his opponent, Swigart, had a majority of sixteen votes in this county. In April, 1857, an act was passed, providing for the election of an additional judge for this district, and in the fall George E. Seney was elected judge of common pleas over Lee, his Whig opponent. Josiah S. Plants was elected in the sec- ond sub-division in October, 1858. In 1866 Charles R. Mott was elected over Cooper K. Watson, the Republican candidate. A. M. Jackson succeeded in 1871, his election being opposed by Judge Mott. On Judge Jackson's resig- nation Judge Beer was appointed to fill vacancy. James Pillars was elected without opposition in 1872; Thomas Beer defeated Josiah Scott in 1874, and was re-elected without opposition in 1876. Henry Dodge was elected in 1877, and John McCauley in 1879, as one of the judges of the first sub-division of the Tenth District. In 1882 Henry H. Dodge was elected; in 1883 George F. Pendleton, who was re-elected in 1884.

The circuit court, re-established in 1884, claims Seneca County in the Third Circuit. In October of that year, Judges Henry W. Seney, Thomas Beer and John J. Moore were elected by large majorities over their opponents of the Republican and Greenback parties; as given in the political chapter.

The redistribution of judicial districts since 1857 was effected with profit to the people. Under the act of April 8, 1858, the Tenth District was organ- ized, and Seneca, Crawford and Wyandot named as the third sub-division, On April 12, same year, Seneca County was set off as the first sub-division of the Tenth District. The act of May 1, 1862, disestablished the Tenth Dis- trict, and in its place the Third Judicial District was reorganized-Seneca, Hancock, Wyandot and Crawford being its fourth sub-division, thus intro- ducing Whitely, Metcalf, Latta, Lawrence and Plants to the judiciary of this county. February 21, 1868, Marion County was added to the fourth sub- division, and in this form it existed down to 1879, when the legislature re-es- tablished the Tenth Judicial District, with Seneca, Wood, Hancock and Har- din its first sub-division. Under the provisions of this act an additional judge was elected in October, 1879, in the person of Judge McCauley.

The probate court was established under the new constitution of 1850. William Lang was elected judge of probate that year, and served until Janu- ary 1, 1855, when John K. Hord succeeded him. T. H. Bagby was elected in 1857, re-elected in 1860, and was succeeded by W. M. Johnson, who served three full terms from January 1, 1864, to January 1, 1873. Upton F. Cramer was elected in 1872, and re-elected in 1875, serving until succeeded by Judge J. F. Bunn, January 1, 1879. Harrison Noble was elected in October, 1884, and is the present judge of the probate court.

Ebenezer Lane, first president judge of Seneca County, was a lawyer of Norwalk, Ohio, and one who may be said to have administered the law honestly from the head-waters of the Sandusky to the mouth of that river, and at a time too, when it was a difficult and dangerous task to make the circuit. He was generally accompanied by the old bar, Purdy, Spink, Coffinberry, Hall, "Tom" Backus (a man who well deserved his name), C. L. Boalt, James H. Godman, Milo D. Pettibone, J. M. May, the Parish brothers, and others. Judge Lane was one of the supreme court judges of Ohio, and served for years after his retirement from the common pleas court.

Judge David Higgins, a good lawyer and an honorable judge, the successor

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of Judge Lane, was one of the heroes of the Toledo, and was credited with the common sense of being desirous to fly from Toledo, rather than approach the threatened seat of justice. He was elected president judge of the Second Dis- trict in 1829, and held the position until 1837. Prior to 1830 his name appears among the lawyers of the circuit. While buggy-riding near Delaware, Ohio, he was thrown out, and, as a result, lost his leg by amputation. He was ap- pointed clerk at Washington, D. C., and died there.

Judge Ozias Bowen, whose district comprised Seneca, Sandusky, Erie, Marion and Crawford, succeeded Judge Higgins. He opened the spring term (April 2) 1838, at Tiffin, and was president judge of the district until Novem- ber, 1851, when he retired after fourteen years' service. Moses H. Kirby was chairman, and R. G. Pennington, secretary of a committee of the bar com- prising Cooper K. Watson, J. Plants, J. D. Sears, R. M. Kelly and J. P. Pillars, who presented him with an address on his retirement. He was born in Oneida County, N. Y., July 23, 1805, and died at Marion, Ohio, Septem- ber 26, 1871. His career was marked by kindness and courtesy to all.

Andrew Coffinberry, favorably and generally known as Count Coffinberry, was one of the leading lawyers of the first circuit court of northern Ohio. He never resided in Seneca County, but was known as a member of "Judge Lane's gang." The Count was born in Virginia, August 20, 1778, where his French and German grandparents settled in 1750, and moved with his parents to Ohio in 1806. He served two years under Bainbridge and Hull, and under his father in the war of 1812. From 1815 to 1836 he studied and practiced law at Mansfield, Ohio, moved to Perrysburg in 1836, and died at Findlay, May 12, 1856. His son, James Coffinberry, was born at Mansfield in 1818.

James Purdy, born in 1793, was known as the major of Lane's brigade. For over half a century he was an active member of the bar of northern Ohio, and one of the pioneer lawyers of Mansfield.

John M. May, a lawyer, as sharp as a knife, was possessed of a great fund of merriment.

Charles L. Boalt, brother-in-law of Judge Lane, practiced here until about 1843, and then went into railroad work. His name is connected with the first law cases heard in this county.

Orris Parish died at Columbus years ago. He was one of the best soldiers of "Judge Lane's gang," as well as one of the ablest lawyers of the old bar.

Francis D. Parish, an old resident of Sandusky, now living at Overland, attended the first courts at Tiffin.

Josiah Scott, of Bucyrus, practiced in the courts of Seneca County.

John C. Spink, commonly called the leading actor in Judge Lane's circus, was a circuit lawyer and an old resident of Wooster, Ohio. He was one of the practical jokers of the circuit, and the musician or violinist of the old bar. James Purdy was accustomed to chide Spink on his penchant for mimicry, antics, music and general mischief, but remained very much attached to this funny man of northwestern Ohio.

Lawrence W. Hall, the successor of Judge Bowen, in 1852, presided over the circuit court until the close of 1856.

William Lawrence, a lawyer of Bellefontaine, Ohio, entered on the duties of judge in 1857. It is related of him that when he opened court at Marion, in May, 1861, he instructed the sheriff to hoist the stars and stripes above the court house. This official refused to do so, was brought up for contempt, fined, and then, when he had to obey, hoisted the national flag. In 1862 he entered the army. In 1864 he was elected a member of Congress, and in 1880 was appointed first Comptroller of the Treasury.

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Author: Leeson, M. A. (Michael A.) Publication date: 1886 Publisher: Chicago : Warner, Beers & Co. Number of Pages: 1088

Author: Leeson, M. A. (Michael A.)
Publication date: 1886
Publisher: Chicago : Warner, Beers & Co.
Number of Pages: 1088