USA > Ohio > Union County > The History of Union County, Ohio, containing a history of the county; its townships, towns military record; > Part 39
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369
HISTORY OF UNION COUNTY.
was one granting a license to George Brown to keep a store in Milford one year, on payment of $10. The court, on reconsideration. allowed the Director of the town of Marysville $22 per day as compensation for his services, and allowed John R. Parish $20 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 13 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 ap- pointed Clerk pro tem. Certain probate matters were attended to, and a num- ber 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 the same places, July 18, 1822, and this was the last court con- vened 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 $5 and costs. At this term, Matthias Collins was granted a license to keep tavern in the town of Marys- ville. Two 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, but recently abandoned, and finally the hall of justice, with all its belongings is found in the magnificent new temple which has just been erected. 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 of the front- ier tavern. The old court house will soon have become a memory of the past, but the echoos of by-gone appeals to justice and the associations of nearly half a century will cling around the spot where legal lights of high and low degree won fame or became notorious for their want of knowledge of knotty points, and were made to smart by their sharper adversaries when came the " tug of war."
The first term of the Supreme Court of Union County, under the old Con- stitution, was held before Judges Jacob Burnet, and Charles Sherman, at Marysville, July 22, 1826. The subsequent terms were held at the times and by the Judges as shown in the following: July 26, 1827, Peter Hitchcock, Charles Sherman; July 23, 1828, Calvin Pease. Charles R. Sherman; July 25, 1829, Joshua Collett, Gustavus Swan; September 20, 1830, Joshua Collett, John C. Wright; July 25, 1835, Joshua Collett, Reuben Wood; July 8, 1837, Reuben P. Wood, Frederick Grimke; June 30, 1838, E. Lane, Peter Hitch- cock; June 27, 1840, E. Lane, Reuben Wood; June 24, 1841, same; June 27, 1842, Ebenezer Laue, N. C. Reed; June 26. 1843, same; June 24, 1844, Reuben Wood, Matthew Birchard; July 19, 1845, N. C. Reed, Peter Hitch- cock; June 23, 1846, Matthew Birchard, Peter Hitchcock; July 14, 1847, Peter Hitchcock, Edward Avery; July 6, 1848, Matthew Birchard, N. C. Reed;
370
HISTORY OF UNION COUNTY.
July 2, 1849, Peter Hitchcock, William B. Caldwell; July 1, 1850, Edward Avery, Rufus P. Spalding; June 14, 1851. William B. Caldwell, Rufus P. Ranney. This was the last term of the Supreme Court. The new constitu- tion provided in its place the District Court, and the first term of the latter, for the third Common Pleas District, was held at Marysville, August 20, 1852, before Judge John A. Corwin, Hall and Benjamin Metcalf.
Since the Probate Court was established, the following have been Judges thereof in the county of Union: 1851-54, Thomas Brown; 1854-57. James Turner; 1860-66, James R. Smith; 1869 --. John B. Coats, who has been four times re-elected and is the present incumbent of the position.
CONGRESSMEN FROM UNION COUNTY.
1866 -- Cornelius S. Hamilton; deceased during term of office. 1872-James W. Robinson; held one term.
STATE SENATORS FROM THIS DISTRICT.
1820-21-Joseph Foos; district composed of the counties of Franklin, Delaware, Madison and Union.
1822-Henry Brown.
1823-James Kooken; district, Franklin, Madison, Union, Delaware, Marion and Crawford Counties.
1824-27-Joseph Foos; district, Franklin, Madison and Union Counties.
1828-Not given in authorities consulted.
1829-William Fielding-Logan, Shelby, Union and Madison Counties.
1830-31-John Shelby.
1832-35-Philip Lewis-Madison, Union, Logan, Hardin and Hancock Counties.
1836-37-Hezekiah Gorton-Marion, Crawford, Delaware and Union Counties.
1838-39-Benjamin F. Allen.
1840-No record in tables consulted.
1841-Benjamin F. Stanton; resigned July 25, 1842-Champaign, Logan and Union Counties.
1842-Same; elected to fill vacancy caused by resignation.
1843-44-John Gabriel, Jr.
1845-46-Ira A. Bean-Logan. Champaign, Union and Hardin Counties.
1847-48-Joshua Judy.
1849-50-William Lawrence-Logan, Hardin, Union and Madison Counties.
1852-John J. Williams.
1854-William Lawrence.
1856-Cornelius S. Hamilton.
1858-Conduce H. Gatch.
1860-T. B. Fisher.
1862-John Hood.
1864-William H. West.
1866-P. B. Cole.
1868-Solomon Kraner.
1870-John Bartram.
1872-Isaac S. Gardner.
1875-M. C. Lawrence.
1876-William W. Beatty.
1878-Hylas Sabine.
1880-82-Luther M. Strong.
371
HISTORY OF UNION COUNTY.
REPRESENTATIVES IN STATE LEGISLATURE.
James Curry, representative from Madison County in 1819-20, introduced the bill for the erection of Union County, which was passed at that session. Mr. Curry's home was in the new county.
1820-Isaac Miner; district composed of Madison and Union Counties. 1821-William Lewis.
1822-Nicholas Hathaway.
1823-Robert Hume.
1824-26-Philip Lewis.
1827-28-Reuben P. Mann; district changed in 1828 to include the counties of Union, Madison, Logan and Hardin.
1829-Lanson Curtis.
1830-John T. Chenowith-Logan, Madison and Union Counties.
1831-33-Samuel Newell.
1834-35-Nicholas Hathaway.
1836-Otway Curry, John Carey-Marion, Crawford and Union Coun- ties.
1837-Otway Curry, Stephen Fowler.
1838-John Campbell, Stephen Fowler.
1839-Guy C. Worth, James H Goodman.
1840-William C. Lawrence-Champaign, Logan and Union Counties. 1841-Same-Logan and Union Counties.
1842-Otway Curry.
1843-William McBeth.
1844-No record found.
1845-46-William Richie-Champaign and Union Counties.
18447- Jesse C. Phillips.
1848-49-Josiah S. Copeland-Union and Marion Counties.
1850-Philander B. Cole.
1852-Same, from Union County alone.
1854-Joshua Judy.
1856-William Gabriel.
1858-60-James W. Robinson.
1862-William H. Robb.
1864-Amos J. Sterling; resigned and James W. Robinson elected to fill vacancy.
1866-68-Mæcenas C. Lawrence.
1870-72-A. James Sterling.
1874-William H. Conkright. 1876-French Garwood.
1878-William H. Conkright.
1880-82-A. B. Robinson.
COUNTY AUDITORS.
1821-23, Clark Provin; 1823-37, Levi Phelps; 1837-39, Silas G. Strong; 1839-41, Stephen McLain; 1841-43, Oliver C. Kennedy; 1843-48, John Johnson; 1848-52, Andrew McNeil; 1852-54, Joseph Newlove: 1854-56, John F. Sabine: 1856-58, Hylas Sabine; 1858-60, James A. Henderson; 1860-66, Joseph Newlove; 1866-75, John Wiley; 1875-83, Will L. Curry.
COUNTY COMMISSIONERS. *
1820, Robert Nelson, David Comer, Henry Sager; 1821, Robert Nelson; 1822, Matthias Collins; 1823, Henry Sager; 1824, Robert Nelson; 1825,
* Given as elected in each year.
372
HISTORY OF UNION COUNTY.
George Reed: 1826-27, James Herd; 182S, Elias Robinson: 1829, Henry Sager; 1830, James Herd; 1831. William B. Irwin; 1832, David Galland; 1833. James Herd; 1834, William B. Irwin; 1835, David Galland; 1836, James Herd; 1837, William B. Irwin; 1838, John P. Brookins; 1839, Joshua Judy; 1840, William B. Irwin; 1841, John P. Brookins: 1842, Joshua Judy; 1843, Jesse Gill; 1844, William Hamilton; 1845, returns missing: 1846, John W. Robinson; 1847, William Hamilton, Joshua Marshall; 1848. Joshua Mar- shall; 1849, John W. Robinson; 1850, M. H. Wadham, William T. Fulton; 1851, William T. Fulton; 1852, Nelson Cone: 1853, William Porter; 1854, William T. Fulton: 1855, Nelson Cone; 1856, Jacob Parthemore; 1857. Andrew McNeil; 1858, William R. Webb; 1859, Joseph K. Richey: 1860. Andrew McNeil: 1861, W. H. H. Titus; 1862, William R. Webb; 1863. Joseph K. Richey; 1864, John Cheney: 1865. Robert D. Reed; 1866, James Fullington (to fill vacancy caused by death of R. D. Reed), Jehu Gray; 1867, E. D. Smith; 186S, James Fullington; 1869, Jehn Gray; 1870, J. K. Richey: 1871, James Fullington; 1872, Lorenzo Cheney; 1873, R. T. McAllister: 1874, James Fullington; 1875, Jehn Gray; 1876, James B. Whelpley; 1877, John K. Dodge; 1878, James T. Mahaffey; 1879, James B. Whelpley; 1SS0, Nathan Howard; 1881, Uriah Cahill; 1SS2, Luther Liggett.
COUNTY TREASURERS.
1821-22. no record; 1823, Richard Gabriel; 1824-25, Alexander Robin- son; 1826-27, James Boal. All the foregoing were appointed to the office; those elected have been as follows: 1827-33, Stephen McLain; 1833-45, Alex- ander Pollock; 1845-51. Cyprian Lee; 1851-55, Joshua Marshall; 1855-57. John Barbour; 1857-61, E. L. Reynolds: 1861, David D. Welsh; died in office and A. F. Wilkins appointed to fill vacancy; 1863-65, Samuel S. Jew- ell; 1865-69, William H. Robb; 1869-71. James R. Russell; died after second election and J. B. Whelpley appointed to fill out his unexpired term: 1873-77, Samuel S. Jewell: 1877-79, George W. Court; 1879-83, William M. Liggett.
CLERKS OF COURT.
1820-21. Thomas Reynolds; Richard Gabriel was appointed Clerk pro tem., November 13. 1821, but did very little duty in the office; his writing appears occasionally on the record until 1823; 1821-36. Silas G. Strong: 1836-43, James H. Gill; 1843-49. John Cassil; resigned in 1849 and James Kinkade appointed. The latter served until 1851. when, under the new law. the office became elective. 1851-54. James Turner: 1854-69, Taber Randall; 1869-75, Francis T. Arthur; 1875-81. William M. Winget; 1SS1-84, John Q. Burgner.
COUNTY SHERIFFS.
1820-23, James Ewing; 1823-28. Amos A. Williams; 1828-32, David Witter; 1832-36, Calvin Winget: 1836-40, Ransom Clark: 1840-44, William W. Steele: 1844-46, William M. Robinson: 1846-50. Philip Snider; 1850- 54, William C. Malin; 1854-58, William H. Robb: 1858-60, Abraham Wiley: 1860-62, Philip Snider; 1862-64, Charles M. Robinson: 1864-68, James B. Whelpley; 1868-72. Robert Sharp; 1872-76, John C. Price; 1876-80, Justus J. Miller; 1880-84, John Hobensack.
COUNTY CORONERS.
1820-26, Joseph Kennedy; 1826-28, David Kingery; 1828-33, William Parkison; 1833-34, David Kingery: 1834-36, James Riddle; 1836-39, James W. Steele: 1839-41, James L. Ward; 1841-43, Thomas F. Wood;
373
HISTORY OF UNION COUNTY.
1843-44. William H. Frank: 1844-45, James Riddle; 1846-47, William H. Frank; 1848-50, Henry Wolford; 1850-51, Cyprian Lee; 1852-54, B. F. Kelsey; 1854-58, Joshua S. Gill; 1858-62. Charles Rathbun; 1866, William Cartmell; 1866-67, Jacob S. Newcomb; 1867-68, Robert Sharp; 1868-70, Andrew Keyes; 1870-72, Thomas Martin; 1872-74, Adam Wolford; 1874-76, I. N. Hamilton: 1876-79, H. McFadden; 1879-80, Hays Speakman: 1880- 81, Elmer P. Blinn; 1881-83, Henry W. Morey.
COUNTY ASSESSORS.
1827-31, John Jolley; 1831-33, Oliver C. Kennedy; 1833-35, Joseph K. Richey; 1835-37, J. January; 1837-39, Thomas F. Woods.
COUNTY RECORDERS.
1830-33, Robert Andrew; 1833-42, Peyton B. Smith; 1842-45. James Turner; 1845, no record of county election; 1848-51, James Turner: 1851- 54, William M. Robinson; 1854-60, John W. Thompson; 1860-69, James Smith; 1869-75, Hiram Roney; 1875-81, George P. Robinson: 1881-84, George Jordan. The foregoing were all elected. The following held the office by appointment: 1820-21, Thomas Reynolds: 1821-23. Richard Ga- briel; 1823-30, Silas G. Strong. Mr. Strong recorded his last deed June 29, 1830, when Robert Andrew became Recorder pro tem. The latter was elected to the office in October, 1830.
PROSECUTING ATTORNEYS.
1820, Abraham D. Vanhorn; 1821-22, John R. Parish; 1822, James Cooly; 1823-25, John R. Parish; 1825-33, Jonathan E. Chaplin; 1833-38. William C. Lawrence; 1838-42, P. B. Cole; 1842-44, A. Hall; 1844-46, P. B. Cole; 1846-48, Otway Curry; 1848-50, Charles W. B. Allison; resigned in 1850 and Otway Curry appointed: 1851-53, James W. Robinson; 1853 -55, Jackson C. Doughty; 1855-59, John L. Porter; 1859-65, John B. Coats; 1865-69, John L. Porter; 1869-73, Leonidas Piper; 1873-75. John L. Porter: 1875-77. Delbert W. Ayers; 1877-81, R. L. Woodburn; 18S1-83, John W. Brodrick.
COUNTY SURVEYORS.
May 15, 1820, James Townsend; July 10, 1820, Levi Phelps was ap- pointed for five years, but nothing appears on the record to show that he did not serve continuously until 1845; he held the office by election from 1836 to 1845, and in the latter year there is no record of an election. William B. Irwin served from 1848 to 1854; A. F. Wilkins, 1854 to 1860; B. A. Fay, 1860 to 1866; A. S. Mowry, 1866 to 1875; Frederick J. Sager, 1875 to 1883, present incumbent.
INFIRMARY DIRECTORS.
1851, John Johnson, David Watkins, Samuel Ballinger; 1852, Levi Long- brake; 1853, Aquilla Turner; 1854, John W. Cherry; 1855, Levi Longbrake; 1856, Aquilla Turner; 1857, Thomas Brown; 1858, Levi Longbrake; 1859, Lemuel Myers; 1860, D. G. Cross; 1861, S. F. Kinney; 1862, Samuel Marsh; 1863, D. G. Cross; 1864, S. F. Kinney; 1865, John F. Sabine; 1866, D. G. Cross; 1867, John Guthrie; 1868, John F. Sabine; 1869, D. G. Cross; 1870, John Guthrie; 1871, J. F. Sabine; 1872, D. G. Cross; 1873, O. B. Williams; 1874, George Wilber; 1875, John F. Sabine, E. L. Price, 1876, Levi Long- brake; 1877, George P. Cross; 1878, J. F. Sabine: 1879, Levi Longbrake; 1880, George P. Cross; 1881, John F. Sabine; 1882, Thomas M. Brannon.
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374
HISTORY OF UNION COUNTY.
CHAPTER IX.
THE BENCH AND BAR OF UNION COUNTY.
THE BENCH.
TTNDER the first constitution of Ohio, a President Judge was elected by the Legislature for each Common Pleas District in the State, and in each of the counties of his district three Associate Judges were appointed, who were residents 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 and Associate Judges to 1851, when the present Constitution was adopted, and a change made in the courts, which is elsewhere noted:
President Judges-1820, John A. McDowell (died in office in 1823); 1823- 24. Gustavus Swan; 1824-27, Ebenezer Lane: 1828-29. Gustavus Swan; 1829-33, Frederick Grimke; 1834-45. Joseph R. Swan (O. Bowen, President Judge of Second Judicial District, presided ever several terms of court at Marysville, at the request of Judge Swan, who was necessarily absent); 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 Gabriel, Robert Nelson; 1834-35, John Porter, Amos A. Williams, Robert Nelson; in 1835, Elizur Abbott and Stephen McLain occupied the office alter- nately, each appearing twice in the place of Mr. Williams; 1836-39, John Porter, Robert Nelson. James Hill; 1839-40, John Cassil, Nicholas Hathaway, Robert Nelson: 1840-42. John Cassil. Nicholas Hathaway, Silas G. Strong ; 1842-46, Christian Myers, Silas G. Strong. James R. Smith; 1846-49, Christ- ian Myers, James R. Smith. Levi Phelps: 1849-51, William W. Woods, James R. Smith, Levi Phelps. Those last named held a special term of court on the 10th of October, 1851, in the absence of the President Judge (Torbert), which was the last term of court held in the county under the old constitution.
John Adair McDowell, the first President Judge of the Common Pleas District, which included the newly formed county of Union. was the son of Samuel and Ann (Irvin) McDowell, and was born near Harrodsburg, Ky., May 26. 1780. He studied law, and in the war of 1812 served with distinction on the staff of Gov. Shelby. November 9, 1809. he married Lucy Todd Starling, youngest daughter of Col. William Starling, and at the solicitation of his brother-in-law. Lucas Sullivant, removed with his wife to Franklinton, Franklin Co .. Ohio, late in 1815 or early in 1516, and there became a promi- nent and successful lawyer. In 1819, he was appointed by the court as Pros- ecuting Attorney for the County of Franklin. He was a member of the Lower Branch of the Legislature in 1818-19. and in 1820 was elected President Judge of his judicial district. He is remembered as a man of fine personal appearance. was possessed of great natural talent and was popular. He died September 20, 1823. leaving two children .* The vacancy on the bench caused by his death was filled by the appointment, by Gov. Morrow, of Gustavus
* The daughter of Judge McDowell became the wife of John A. Smith, of Highland County, Ohio, one of the most prominent men in the State.
Chapman
377
HISTORY OF UNION COUNTY.
Swan, the son of John and Sarah (Mead) Swan, who was born at Peter- boro, N. H., July 15, 1787. He studied law at Concord with Samuel Bell, who afterward became Governor, and was admitted to the bar in his native State. He located at Marietta, Ohio, in 1810, in which year he was admitted to the bar of the latter State. In 1811, he settled at Franklinton, then the seat of justice for Franklin County, and began the practice of the law. He soon ac- quired a high professional reputation, and was employed in all the important cases of the times. The bar at that time had many distinguished members, but Mr. Swan took rank among the foremost. He became thoroughly conversant with the land laws, and as there was more litigation at that day over titles to lands in the Virginia Military District than from any other source, he became especially noted for the part he took in handling affairs which were submitted to his man- agement in that connection. His success was marked. He was a thorough student, a fine speaker, and had great power with a jury. His practice ex- tended through the counties of Franklin, Fayette, Madison, Union, Delaware, Pickaway and Fairfield. In 1812, and again in 1817, he was elected to the Legislature from Franklin County. He was constantly engaged in the practice of his profession until his appointment to the bench in 1823. In pursuance of the resolutions of the General Assembly, passed January 22, 1825, he com- piled the land laws for Ohio, including the State laws to 1815-16. He con- tinued in active practice until 1843, but at length became engaged in other branches of business-banking,* etc .- and remained an industrious citizen until his death, which occurred February 6, 1860. He had been a resident of Columbus since 1815, in which year he removed across the river from his first location in the town of Franklinton. At the period when he was Judge of Common Pleas for this district, it required but little time to transact the busi- ness which came before him in that capacity in each county, and Union afforded an exceedingly small share of the work to be done. Judge Swan was suc- ceeded by
Ebenezer Lane, who appears from the records to have held courts in Marysville from 1824 to 1827. His place of residence was at Norwalk, Huron Co., Ohio, and it was in the light of conveniences for travel then existing in this region a long and tiresome journey for him to come to Union County. He was a man of ability and high character, and a sound jurist, and was greatly respected. His finely and neatly written signature on the old court records at once strikes the beholder with its peculiarity, and his nature-always even and unruffled-seems to stand forth in his sign-manual. Judge Lane was elevated to the Supreme Bench of the State, and while occupying a posi - tion thereon became noted for the shortness of his opinions. They were given in few words, but explained his position admirably. He was in all respects a model man, and an honor to his district and State. In 1828 and 1829, Judge Gustavus Swan's name again appears as Pre ident Judge of the Common Pleas Court of this district, and from 1829 to 1833,
Frederick Grimke, of Chillicothe, held that position. Judge Grimke was a tall, slim, pleasant-looking man, and had a fine legal education. He was distinguished more for his excellent knowledge of the law than for his practi- cal application of it, but was possessed of very good ability in the latter con- nection. He was subsequently elevated to the Supreme Bench of the State.
. Joseph R. Swan, son of Jonathan and Sarah (Rockwell) Swan, was born at Westernville. Oneida Co., N. Y., December 28, 1802, and came of Scotch- Irish ancestry. He received an academic education at Aurora, N. Y., where he began the study of law, which he completed with his uncle, Gustavus Swan, at Columbus, Ohio, where he was admitted to the bar in 1824. He at once
* Judge Swan was for many years President of the State Bank of Ohio.
378
HISTORY OF UNION COUNTY.
commenced practice, and soon won an enviable reputation as a learned, honest and safe lawyer. From 1830 to 1834, he was Prosecuting Attorney of Frank- lin County, and in the latter year was appointed President Judge of Common Pleas in the district composed of the counties of Franklin, Madison, Clark, Champaign, Logan, Union and Delaware. In 1841, he was re-appointed, but resigned the position late in 1845 or early in 1846. By his satisfactory and impartial discharge of the duties of his office he obtained the reputation of being one of the best Judges in the State. After his resignation, he resumed practice in Columbus. In 1854, he was elected Supreme Judge, and his record was brilliant in that position. In 1859, he again resumed the practice of his profession. His pen was wielded to advantage, and numerous volumes com- piled and written by him have filled important places in the legal literature of the State. He is still a resident of Columbus, and is the present attorney for the Little Miami Railway Company; he is, therefore, enjoying a vigorous old age. His duties while Common Pleas Judge were hardly to be compared in magnitude with those of this district at the present day. It did not require his full time to attend to all the business on his circuit, while now it occupies the time of one man fully to look after matters in the two counties of Union and Logan. Judge Swan was always a popular, highly respected, honorable gentleman, and is said to have enjoyed the highest reputation of any man who has ever occupied the bench in this district.
James L. Torbert, the last President Judge of the district of which Union County formed a part, was a resident of Springfield, Clark Co., Ohio. He located in that place in 1824, and being a young man of fine classical educa- tion, employed his time in teaching school, carrying his pupils through the common English branches and bringing some of them up into the higher branches, both in mathematics and the languages. He taught a number of years; was admitted to the bar, became Prosecuting Attorney of his county; edited the Springfield Republic in 1848; was an ardent Whig in politics, and was President Judge of this Common Pleas district from 1846 to 1851. His * last term of court at Marysville was held September 29, 1851. By the provis- ions of the new constitution, the office was abolished, and Mr. Torbert was subsequently elected Judge of Probate for Clark County. His decisions while on the Common Pleas bench were remarked as able and impartial, although he is remembered as being somewhat over-particular in his administration of affairs.
Benjamin F. Metcalf, the first Judge of Common Pleas for this district under the new Constitution, lived most of the time during his term of office at Lima, Allen County, although his home when elected was at Delphos, on the line between Allen and Van Wert. It is thought he was admitted to the bar and began practice at Sidney, Shelby Co., Ohio, and he is known to have prac- ticed at that point before his election to the bench. Considering his limited opportunities, he was a good lawyer; that which he lacked in education for his work he made up by his good, strong common sense and shrewdness. He was a man of strict integrity, was socially popular, and was reasonably impartial in his decisions. His reputation was somewhat tarnished by his habits, as was too often the case among the members of the early bar, while even at the pres- ent day the appetite for strong drink has too tenacious a hold upon very many men in public positions. Judge Metcalf died at Lima, soon after the war of the rebellion.
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