USA > Ohio > Union County > History of Union County, Ohio; its people, industries and institutions > Part 16
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
Section 4. The judges of the Supreme Court and Courts of Common Pleas shall have complete criminal jurisdiction, in such cases and in such manner as may be pointed out by law.
Section 5. The Court of Common Pleas in each county shall have juris- diction of all probate and testamentary matters, granting administration, the appointment of guardians, and such other cases as shall be prescribed by law.
Section 6. The judges of the Court of Common Pleas shall, within their respective counties, have the same powers with the judges of the Supreme Court, to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.
Section 7. The judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the state. The presidents of the Court of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits ; and the judges of the Court of Com- mon Pleas shall, by virtue of their offices, be conservators of the peace in their respective counties.
Section 8. The judges of the Supreme Court, the presidents and the associate judges of the Courts of Common Pleas, shall be appointed by a joint ballot of both houses of the General Assembly, and shall hold their offices for the term of seven years, if so long they behave well. The judges of the Supreme Court and the presidents of the Courts of Common Pleas shall, at stated times, receive for their services an adequate compensation to be fixed by law, which shall not be diminished during their continuance in office ; but they shall receive 110 fees or perquisites of office, nor hold any other office of profit or trust under the authority of this state, or the United States.
Section 9. Each court shall appoint its own clerk for the term of seven years ; but no person shall be appointed clerk, except pro tempore, who shall not produce to the court appointing him a certificate from the majority of the judges of the Supreme Court that they judge him to be well qualified to exe- cute the duties of the office of clerk to any court of the same dignity with
179
UNION COUNTY, OIIIO.
that for which he offers himself. They shall be removable for breach of good behavior, at any time, by the judges of the respective courts.
Section 10. The Supreme Court shall be held once a year in each county, and the Courts of Common Pleas shall be holden in each county, at such times and places as shall be prescribed by law.
Section II. A competent number of justices of the peace shall be elected by the qualified electors in each township, in the several counties, and shall continue in office three years, whose powers and duties shall, from time to time, be regulated and defined by law.
Section 12. The style of all processes shall be "The State of Ohio;" all prosecutions shall be carried on in the name and by the authority of the state of Ohio, and all indictmnts shall conclude against the peace and dig- nity of the same.
The constitution of Ohio, adopted June 17, 1851, made considerable changes in the courts, and Article 4, providing for judicial matters in the state, is as follows:
Section 1. The judicial power of the state shall be vested in a Supreme Court, in District Courts, Courts of Common Pleas, Courts of Probate, Jus- tices of the Peace, and in such other courts, inferior to the Supreme Court, as the General Assembly may from time to time establish.
Section 2. The Supreme Court shall consist of five judges, a majority of whom shall be necessary to form a quorum or pronounce a decision. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year at the seat of government, and such other terms at the seat of government or elsewhere as may be provided by law. The judges of the Supreme Court shall be elected by the electors of the state at large.
Section 3. The state shall be divided into nine Common Pleas districts, of which the county of Hamilton shall constitute one, of compact territory, and bounded by county lines; and each of said districts, consisting of three or more counties, shall be subdivided into three parts, of compact territory, bounded by county lines, and as nearly equal in population as practicable, in each of which one judge of Common Pleas for said district, and residing therein, shall be elected by the electors of said subdivision. Courts of Com- mon Pleas shall be held by one or more of these judges, in every county in the district, as often as may be provided by law ; and more than one court, or sitting thereof, may be held at the same time in each district.
180
UNION COUNTY, OHIO.
Section 4. The jurisdiction of the Court of Common Pleas, and of the judges thereof, shall be fixed by law.
Section 5. District courts shall be composed of the judges of the court of common pleas of the respective districts, and one of the judges of the supreme court, any three of whom shall be a quorum, and shall be held in each county therein at least once in each year; but, if it shall be found inex- pedient to hold such court annually in each county of any district, the Gen- eral Assembly may, for such district. provide that said court shall be holden at three annual sessions therein, in not less than three places ; Provided, That the General Assembly may, by law, authorize the judges of each district to fix the times of holding the courts therein.
Section 6. The district court shall have like original jurisdiction with the supreme court, and such appellate jurisdiction as may be provided by law.
Section 7. There shall be established in each county a probate court, which shall be a court of record, open at all times, and holden by one judge. elected by the voters of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law.
Section 8. The probate court shall have 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, and such other jurisdiction, in any county or counties, as may be provided by law.
Section 9. A competent number of justices of the peace shall be elected by the electors in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law.
Section 10. All judges, other than those provided for in the constitu- tion, shall be elected by the electors of the judicial district for which they may be created, but not for a longer term of office than five years.
Section II. The judges of the supreme court shall, immediately after the first election under this constitution, be classified by lot, so that one shall hold for the term of one year, one for two years, one for three years, one for four years and one for five years; and, at all subsequent elections, the term of each of said judges shall be for five years.
Section 12. The judges of the courts of common pleas shall, while in office, reside in the district for which they are elected; and their term of office shall be for five years.
181
UNION COUNTY, OHIO.
Section 13. In case the office of any judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor is elected and qualified ; and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty days after the vacancy shall have happened.
Section 14. The judges of the supreme court and of the court of com- mon pleas shall, at stated times, receive for their services such compensation as may be provided by law, which shall not be diminished or increased during their term of office: but they shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this state or the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this state, given by the General As- sembly, or the people, shall be void.
Section 15. The General Assembly may increase or diminish the num- ber of the judges of the supreme court, the number of the districts of the court of common pleas, the number of judges in any district, change the dis- tricts or the subdivisions thereof, or establish other courts, whenever two- thirds of the members elected to each house shall concur therein; but no change, addition or diminution shall vacate the office of any judge.
Section 16. There shall be elected in each county, by the electors thereof, one clerk of the court of common pleas, who shall hold his office for the term of three years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein ; but the General Assembly may provide, by law, for the election of a clerk, with a like term of office, for each or any other of the courts of record and may authorize the judge of the probate court to perform the duties of clerk for his court, under such regulations as may be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law.
Section 17. Judges may be removed from office, by concurrent resolu- tion of both houses of the General Assembly, if two-thirds of the members elected to each house concur therein; but no such removal shall be made except upon complaint, the substance of which shall be entered upon the journal, nor until the party charged shall have had notice thereof and an opportunity to be heard.
Section 18. The several judges of the supreme court, of the common pleas, and of such other courts as may be created. shall, respectively, have
182
UNION COUNTY, OHIO.
and exercise such power and jurisdiction, at chambers or otherwise, as may be directed by law.
Section 19. The General Assembly may establish courts of conciliation, and prescribe their powers and duties; but such courts shall not render final judgment in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment.
Section 20. The style of all process shall be, "The State of Ohio"; all prosecutions shall be carried on in the name and by the authority of the state of Ohio, and all indictments shall conclude, "against the peace and dignity of the state of Ohio."
The following items concerning the courts in the county of Union are compiled from articles written by Judge J. B. Coats, and published in the Marysville Tribune, in 1870:
The first court held in Union county was a special term of the court of common pleas, convened at Milford, April 14, 1820. It was held by the associate judges, David Mitchell, William Gabriel and Nicholas Hathaway. Thomas Reynolds was appointed clerk pro tem, and also recorder of the county. His securities were George Reed, Joel Frankelberger and Joseph S. Hughs. Reynolds took the oath of office and the court adjourned with- out day. Mr. Reynolds kept the minutes of this meeting of the court. Judge Coats thinks it probable that this court completed the organization of the county, although there is no entry on the record to show that such steps were taken. The record does not state who was sheriff at that time. but doubtless James Ewing served in that capacity, as his bond was filed with the county clerk three days later ( April 17, 1820). This term of court was held in one of the rooms of Nathaniel Kazer's tavern, on the ground later owned by James Fullington, and occupied by a large brick building. The court room was separated from the bar and the people by stretching a rope across the room in which the entire business was transacted.
The first regular term of the court held in the county convened at Mil- ford, May 15, 1820; present, Hon. John A. McDowell, president judge, and David Mitchell, William Gabriel and Nicholas Hathaway, associates. This court was held in the same room and the same manner as the first one. The first grand jury was composed of the following persons: Clark Provin ( foreman ), David Mitchell. Jr., Allen Leeper, James Bell, Lancelot Maze, Samuel Robinson, J. Boal. Andrew Gill, John Porter, John Gabriel, Joseph Stewart, George Reed. Robert Bronston. James Snodgrass, Alexander Reed. The first order entered upon the record of this term was the appointment of
183
UNION COUNTY, OHIO.
Abraham D. Vanhorn, prosecuting attorney. The second was one granting a license to David Davis to keep a tavern for one year at Milford, upon the payment of ten dollars. The next appointed James Townsend, county sur- veyor, and the next, Thomas Reynolds, clerk pro tem of the court. Among other items furnished by the record of this term is the following: "Ordered by the court that Rhody Stokes be appointed guardian of Hope Stokes, nine years of age; Hiram Stokes, seven years; Maria Stokes, five years; John Stokes, two years, heirs of John Stokes, deceased, upon entering into bonds with James Ewing, David Comer and Alexander Reed, as securities." The Stokes children became well known residents of the county. The last order issued by the court at this term was the granting of a license to William Burnham to keep a tavern for one year at Milford, upon payment of ten dollars. The term lasted but one day. It is not known positively whether the grand jury found and presented any indictments at this term, but it is probable that they did, as the second case upon the docket of the second term was a criminal one.
The second term of court commenced in the court room at Milford. July 10, 1820. The full bench as before was present. The grand jurors were Anson Howard ( foreman ), Thomas McDowell, Allen Leeper, Samuel Kazer, George Brown, George Reed, Andrew Gill, James Cochran, Samuel Kirkpatrick. Robert Snodgrass, John Porter, David Reed, James Townsend, John McDowell and Thomas Reed. George Brown was granted a license to vend goods in Union township, paying ten dollars for the privilege. The only civil case on the docket at this term was that of Isaac Johnson vs. Simeon Hager-the first also on the common pleas record of Union county-and it ran through several terms and was finally settled by arbitration. The first criminal case was one for assault and battery, "State of Ohio vs. Stephen Kelsey." The indictment states that the jurors, upon oath, present that "Stephen Kelsey, now or late of said county, on the 24th day of June, 1820, at Milford, in the county aforesaid, with force and arms, to-wit : with clubs, sticks and other offensive weapons, in and upon Philander Crapo, in the peace of the said state then and there being, did make an assault, and him, the said P. Crapo, did then and there beat, wound and evil treat against the peace of the said state, its laws and dignities." The defendant pleaded not guilty, and a jury composed of William Burnham, David Bowen, James Biggs, Samuel Reed, B. King. Vandiver Reed, Elias Robinson, Ebenezer Miles, Richard Gabriel, John Parthemore. Isaac Dodd and Robert Branson, tried the case and found him guilty as indicted. An attempt to arrest judg-
184
UNION COUNTY, OHIO.
.
ment was overruled, and Kelsey was fined ten dollars and costs of prosecu- tion. The second criminal case on the docket tried at this term, and the first indictment found and presented by a grand jury in Union county, was that of the State of Ohio vs. Luke Ellison, for grand larceny. Ellison had stolen a bay mare worth forty dollars and a saddle worth ten dollars, the former from Moses Patrick and the latter from John Mclaughlin. He was tried, convicted and sentenced to the penitentiary for five years. He was a native of Lower Canada, twenty-one years of age, unmarried and without a trade.
At this term, Levi Phelps was appointed county surveyor for the term of five years, and Richard Gabriel, keeper of the seals of standard measures. Abraham D. Vanhorn, prosecuting attorney, was allowed forty-five dollars for his services during this and the last term of court.
August 17, 1820, a special term of court was held by the associate judges, Mitchell, Hathaway and Gabriel, at which Margaret Mitchell and James Boal were granted letters of administration on the estate of George Mitchell, de- ceased. Samuel Robinson, Thomas Robinson and Samuel Mitchell were appointed to appraise the property of the deceased, and make return to the clerk's office in three months, according to law.
May 15, 1821. a special term was held at Milford by the associate judges, the president judge being absent. John R. Parish was appointed prosecuting attorney on behalf of the state. A grand jury was appointed, which retired for deliberation. There were no criminal cases on the docket and but six civil cases. The jury impaneled for the trials thereof consisted of William B. Irwin, Simeon Hager. John Irwin, William Richey, Jr., John Irwin, Jr., Daniel Kent, Jonathan Worthy, Moses Mitchell, Hugh Porter, Augustus Coolidge, Nathaniel Kazer and Moses Patrick. The last will and testament of Joshua Ewing, deceased, was exhibited in open court by Calvin Winget and Elizabeth Gill, two of the subscribing witnesses thereto, and was duly proved and admitted to record, and letters testamentary issued to James Ewing, Esquire. and Margaret Ewing. The grand jury then came into court, presented nothing, and was discharged. The sum of fifteen dollars was allowed John R. Parish for duties as prosecuting attorney at this term, and it was "ordered that David Comer be paid one dollar and fifty cents per day as director of the town of Marysville, the seat of justice for this county." A special term was held by the associate judges June 16, 1821, at which some minor business was transacted.
July 10. 1821, the second regular term for that year was held at Mil- ford: full bench present. "The only business of any importance before the
185
.
UNION COUNTY, OHIO.
court at this term," says Judge Coats, "was the trial of the case entitled the State of Ohio vs. Seth Chillis, on an indictment for burglary found against the said Seth Chillis at this, the July term of court, in which indictment the said Seth Chillis is charged with breaking and burglariously entering into the still-house of one Jacob Sager, with intent to steal goods and chattels of said Jacob Sager, there situated and being, feloniously to steal, take and carry away against the peace and dignity of the state of Ohio, and against the statute in such cases made and provided." John R. Parish was prosecuting attorney. Defendant pleaded not guilty, but a jury of good and true men found him guilty, and he was convicted and sentenced to two years' con- finement in the penitentiary. Chillis was a native of Massachusetts, a resi- dent of Madison county, Ohio, and a farmer by occupation. Among orders issued at this term was one granting a license to George Brown to keep a store in Milford one year. on payment of ten dollars. The court, on reconsidera- tion, allowed the director of the town of Marysville two dollars per day as compensation for his services, and allowed John R. Parish twenty dollars for his services at this term of court.
The associate judges held a special term in this year and attended to some probate business. The last regular term of the court of common pleas for 1821 was held at Milford, beginning November 13th and lasting two days. The judges present were John A. McDowell, president ; William Gabriel and David Mitchell. associates. On the second day of this term. Richard Gabriel was appointed county recorder, pro tem, having the day before been appointed clerk, pro tem. Certain probate matters were at- tended to, and a number of criminal cases were tried. Court met at Milford on the 18th and 19th of April, 1822 ; present, associate judges David Mitchell, William Gabriel and James Curry. James Cooley was appointed prosecuting attorney in place of J. R. Parish, who was absent. The next term was held by the same judges and at the same place, July 18, 1822, and this was the last court convened at Milford.
November 21, 1822, the court of common pleas was held for the first time at Marysville, the county seat. meeting in a room in the log tavern owned by Matthias Collins and situated on Main street, north of the public square. This court was opened by the associate judges, Gabriel Mitchell and Curry, president judge McDowell appearing and taking his seat in the afternoon. The grand jury returned an indictment against Patrick Connor, for riot: he was found guilty and was fined five dollars and costs. At this term, Matthias Collins was granted a license to keep tavern in the town of Marys-
186
UNION COUNTY, OHIO.
ville. The other cases were disposed of, one for assault and battery and one for stealing a hog, and court adjourned.
The terms of court have since been regularly held at Marysville, first in Collins' log tavern, next in the old court house on the south side of East Center street, then for forty-five years in the brick court house and finally the present court house. The days of bar-room courts are over and the anxious barrister now airs his eloquence where frescoed ceilings and rich surroundings appear in the place of smoke-dimmed walls, wooden benches, rope partitions and the rude paraphernalia.
THE BENCH.
Under the first constitution of Ohio, a president judge was elected by the Legislature for each common pleas distrist in the state, and in each of the counties in his district three associate judges were appointed, who were resi- dents of the county in which they held the office. Beginning with 1820, the year in which Union county was organized, the following were the president judges and their associates to 1851, when the second Constitution was adopted and a change made in the courts, already mentioned in this chapter :
The president judges were as follows: John A. MeDowell (died in office in 1823) : 1823-1824, Gustavius Swan: 1824-27, Ebenezer Lane; 1828- 29, Gustavius Swan; 1829-33, Frederick Gimke; 1834-45, Joseph R. Swan; 1846-51, James L. Torbert.
Associate judges: 1820-21, David Mitchell, William Gabriel, Nicholas Hathaway : 1822-25, David Mitchell, William Gabriel, James Curry; 1825-27. David Mitchell. William Gabriel, Robert Nelson; 1827-29, James Curry. William Gabriel, Robert Nelson: 1829-34, Amos A. Williams, William Gab- riel. Robert Nelson; 1834-35, John Porter, Amos A. Williams, Robert Nel- son : 1835, Elizur Abbott and Stephen McLain: 1836-39, John Porter, Robert Nelson, James Hill: 1839-40, John Cassil. Nicholas Hathaway; 1842-46, Christian Myers, Silas G. Strong, James R. Smith ; 1846-49, Christian Myers, James R. Smith, Levi Phelps ; 1849-51, William W. Woods, James R. Smith, Levi Phelps. This was the last set of associates under the old judicial sys- tem in Ohio.
In this connection it will be of interest to insert a few lines on the his- tory of some of the early judges who presided at the courts of this county :
Hon. John Adair McDowell, the first president judge of the common pleas district, was born in Harrodsburg, Kentucky, 1780, studied law, and in the War of 1812 served with distinction under General Shelby. He mar-
187
UNION COUNTY, OIIIO.
ried and emigrated to Franklin county about 1816 and became a prominent lawyer; was member of the lower house of the Ohio Legislature, 1818-19; in 1820 was elected president judge of his district. He was a brainy man and very popular : he died in 1823, leaving two children. Gustavius Swan filled his unexpired term of office.
Gustavius Swan was born in New Hampshire. 1787 : studied law at Con- cord with Samuel Bell, who later became governor and was admitted to the bar in his native state. In 1811 he settled at Franklinton, then the county seat of Franklin county, Ohio, and there began to practice law. He soon rose to become a leader among the attorneys of the state. He was a thorough student, a fine speaker and made powerful arguments before a jury. In 1812 and again in 1817 he was elected to the Legislature from Franklin county. He practiced until in the forties, then became president of the State Bank of Ohio. He died in Columbus in 1860 where he had resided since 1815. He was succeeded on the bench by Ebenezer Lane.
Ebenezer Lane was a resident of Huron county, Ohio, and with the poor means of travel in those days it was no small effort to attend court in Union county. He was a man of high order of ability and training and a sound jurist. As a penman his handwriting still to be seen on docket books and papers at the courthouse, shows him to have been a fine scribe. He was ele- vated to the supreme bench of Ohio, and was of all other judges noted for his short and comprehensive opinions. He again filled the position of judge in the common pleas court here from 1828 to 1833.
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.