USA > Ohio > Wyandot County > The History of Wyandot County, Ohio, containing a history of the county, its townships, towns general and local statistics, military record, portraits of early settlers and prominent men etc > Part 40
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SEC. 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 pro- vided by law.
SEC. 8. The Probate Court shall have jurisdiction in probate and testamentary matters. the appointment of administrators and guardians, the settlement of the ac- counts of executors, administrators and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, adminis- trators and guardians. and such other jurisdiction in any county or counties as may be provided by law.
SEC. 9. A competent number of Justices of the Peace shall be elected by the elec- tors 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.
SEC. 10. All Judges other than those provided for in the constitution, 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.
SEC. 11. The Judges of the Supreme Court shall, immediately after the first elec- tion 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.
SEC. 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.
SEC. 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.
SEC. 14. The Judges of the Supreme Court and of the Court of Common 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 Assembly, or the people, shall be void.
SEC. 15. The General Assembly may increase or diminish the number 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 districts or the subdivisions thereof, or establish other courts, whenever two- thirds of the members el .cted to each House shall concur therein ; but no change, addition or diminution shall vacate the office of any Judge.
SEC. 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 pro- vide 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 my be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be pre- scribed by law.
SEC. 17. Judges may be removed from office by concurrent resolution 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 sub- stance of which shall be entered upon the journal, nor until the party charged shall have had notice thereof, and an opportunity to be heard.
SEC. 18. The several Judges of the Supreme Court of the Common Pleas and of
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such other courts as may be created, shall respectively have and exercise such power and jurisdiction, at chambers or otherwise, as may be directed by law.
SEC. 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.
SEC. 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 in- dictments shall conclude, "against the peace and dignity of the State of Ohio."
SUPREME COURTS.
From 1845, until the close of June term, 1851, the higher courts held at Upper Sandusky were designated the Supreme Courts of the State of Ohio, and Judges Reuben Wood, Matthew Birchard, Edward Avery, Nathaniel C. Reed, Peter Hitchcock, William B. Caldwell and Rufus P. Spalding, officiated here at various times in the order named. Then, by a change of the organic law-the adoption of the State Constitution of 1851-district courts were established, and the phrase first mentioned (as applied in Sec. X. Art. 3, of the Constitution of 1802) was abandoned.
DISTRICT COURTS.
The first District Court (a special term) held in Wyandot County, con- vened for the first time at Upper Sandusky, October 5, 1852. There were present Hon. John A. Corwin, Judge of the Supreme Court, and Lawrence W. Hall and John M. Palmer, Judges of the Court of Common Pleas. The district was then denominated the Third Common Pleas District. Subse- quent terms of this court have been held at Upper Sandusky, as follows:
1853-August term, Allen G. Thurman, Supreme Judge; Lawrence W. Hall and Benjamin Metcalf, Judges Court of Common Pleas.
1854-September term, John A. Corwin, Supreme Judge; Lawrence W. Hall and Benjamin Metcalf, Judges Court of Common Pleas.
1855-September term, Lawrence W. Hall, John M. Palmer and Benja- min Metcalf, Judges Court of Common Pleas.
1856-September term, Jacob Brinkerhoff, Supreme Judge; Benjamin Metcalf and Lawrence W. Hall, Judges Court of Common Pleas.
1857-September term, A. Sankey Latta, Machias C. Whitely and Will- iam Lawrence, Judges Court of Common Pleas.
1858-September term, T. W. Bartley, Chief Justice of the Supreme Court; A. S. Latta and William Lawrence, Judges Court of Common Pleas.
1859-Third Subdivision of Tenth Judicial District, August term, Milton Sutliff, Supreme Judge; Machias C. Whitely, George E. Seney and Josiah S. Plants, Judges Court of Common Pleas.
1860-Same division and district, June term, William Y. Gholson, Supreme Judge; Machias C. Whitely, George E. Seney and Josiah S. Plants, Judges Court of Common Pleas.
1861-Same division and district, June term, Josiah S. Plants, Machias C. Whitely and George E. Seney, Judges Court Common Pleas.
1862-Same division and district, July term, Josiah Scott, Supreme Judge; Machias C. Whitely and Josiah S. Plants, Judges Court of Com- mon Pleas.
1863-Third Judicial District, June term, Josiah S. Plants, Benjamin Metcalf and Machias C. Whitely, Judges Court of Common Pleas.
1864-Same district, August term, Jacob Brinkerhoff, Judge Supreme Court; William Lawrence, A. S. Latta and Machias C. Whitely, Judges Court of Common Pleas.
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1865-Same district, August term, Jacob Brinkerhoff, Judge Supreme Court; A. S. Latta and O. W. Rose, Judges Court of Common Pleas.
1866 -- Same distrist, August term, Jacob S. Conklin, A. S. Latta and James McKenzie, Judges Court of Common Pleas.
1867-Same district, August term, Josiah Scott, Judge Supreme Court; Jacob S. Conklin, A. S. Latta, James Mckenzie and Chester R. Mott, Judges Court of Common Pleas.
1868-Same district, September term, John Welch, Judge Supreme Court; Jacob S. Conklin, James Pillars and Chester R. Mott, Judges Court of Common Pleas.
1869 -Same district, September term, William White, Judge Supreme Court; Jacob S. Conklin, James Pillars and Chester R. Mott, Judges Court of Common Pleas.
1870-No term.
1871-Third Judicial District, April term, A. S. Latta, James Pillars and Chester R. Mott, Judges Court of Common Pleas.
1872-No term.
1873-Third Judicial District, March term, James Pillars, A. S. Latta and Abner M. Jackson, Judges Court of Common Pleas.
1874-Same district, April term, James Pillars, A. S. Latta and Abner M. Jackson, Judges Court Common Pleas.
1875-Same district. March term, A. S. Latta, James Pillars and Thomas Beer, Judges Court of Common pleas.
1876-Same district, April term, same Judges as above.
1877-Same district, April term, Thomas Beer, James Pillars and Sel- wyn N. Owen, Judges Court of Common Pleas.
1878-Same district, March term, same Judges as above.
1879-Same district, March term, same Judges.
1880-Tenth Judicial District, April term, John McCauley, John L. Porter and Henry H. Dodge, Judges Court of Common Pleas.
1881-Same district, March term, Henry H. Dodge, John McCauley and John L. Porter, Judges Court of Common Pleas.
1882-Same district, March term, Henry H. Dodge, John L. Porter and John McCauley, Judges Court of Common Pleas.
1883-Same district, April term, Thomas Beer, Henry H. Dodge and John McCauley, Judges Court of Common Pleas.
1884-Same district, March term, Thomas Beer, Henry H. Dodge and George F. Pendleton, Judges Court of Common Pleas.
COURT OF COMMON PLEAS.
Judge Ozias Bowens, of Marion, presided over the Common Pleas Courts of Wyandot County from July 1, 1845 (the date the first term of court began), until the close of November, 1851, when, by a change of the organic law of the State, his services as the presiding officer of the circuit, as then formed, were brought to a close. On the 28th of November, 1851, the fol- lowing proceedings took place at Upper Sandusky at a meeting of the mem- bers of the bar of the old Second Judicial Circuit of the State of Ohio:
"This day Moses H. Kirby, Esq., on behalf of the members of the bar, appeared in open court and read the following proceedings of a meeting held by said members, which, on motion, is ordered to be entered upon the journal of the court, to wit:
"At a meeting of the members of the bar of the Second Judicial Cir- cuit of the State of Ohio, in attendance upon the court of Common Pleas
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of the November term 1851, sitting in Wyandot County. On motion, Moses H. Kirby was chosen Chairman, and R. G. Pennington, Secretary. On mo- tion of C. K. Watson, a committee of five was appointed by the chair to draft and submit to the meeting resolutions expressive of the esteem in which the members of the bar of the circuit hold the judicial services and character of the Hon. Ozias Bowen, Presiding Judge of said circuit, upon his retirement from the bench which he has occupied for the term of four- teen years, and also an expression toward the services of the associates who with him occupy the bench. C. K. Watson, J. P. Pillars, J. Plants, J. D. Sears and R. McKelly were appointed such committee, and who reported to the meeting, and which were unanimously adopted, the following preamble and resolutions:
WHEREAS, By a change of the organic law of this State, the official services and duties of the Hon. Ozias Bowen, as President Judge of this judicial circuit are about to close. Therefore, for the purpose of perpetuating the estimation which his judicial services have justly merited and received for a period of fourteen years from the mem- bers of the bar of his circuit.
Resolved, That in the discharge of all his official duties, we recognize the character of an able, upright and impartial Judge.
Resolved, That upon a survey of his judicial career, we find nothing to condemn, and in reluctantly parting with him, we indulge the hope that those who succeed him may successfully emulate so fair an example of judicial integrity and ability.
Resolved, That the Hons. Abel Renick, George W. Leith and Hugh Welch, As- sociate Judges of this county, have conscientiously and faithfully discharged the duties of an honorable office, and will in their retirement bear with them the assurance of the respect and esteem of the community which has enjoyed the benefit of their services.
Resolved, That the proceedings of this meeting be presented to the court with the request that the same be entered upon the journal, and also, that they be published in the several papers in this judicial circuit. MOSES H. KIRBY, Chairman.
ROBERT G. PENNINGTON, Secretary.
Judge Lawrence W. Hall, the successor of Judge Bowen, began his first term of court in Wyandot County March 15, 1852, and continuing through a full constitutional term of five years, terminated his labors here as a Judge at the close of November term, 1856. Hon. William Lawrence, of Bellefontaine, held the next Court of Common Pleas, beginning April 21, 1857. Then came Hon. Machias C. Whitely, of Findlay, who, elected for a term of five years, in October, 1856, presided over the July session, in 1857, and thereafter until the close of April term, 1858. Subsequently, during the remainder of Judge Whitelys' term, Judges George E. Seney (the present member of Congress from this district) and Josiah S. Plants, of Bucyrus, alternately presided over courts held at Upper Sandusky. Judge Plants, however, appears to have performed more work here than either Whitely or Seney, and occupied the bench almost uninterruptedly from the latter part of 1858, until his death in August, 1863, when Judge Whitely again appeared as the presiding officer, and continued until the close of 1864. Then came Hon. Jacob S. Conklin, of Sidney, in May, 1865, succeeded by Judge Whitely, who presided for one year, beginning with October term, 1865.
Judge Chester R. Mott, of Upper Sandusky, was elected in October, 1866, and served a term of five years. Meanwhile, during the same term, Judges James McKenzie, James Pillars and E. M. Phelps, also presided at various Courts of Common Pleas held at Upper Sandusky. Judge Mott's successor, Hon. Abner M. Jackson, of Bucyrus, was elected in October, 1871. He served until the summer of 1874, when he resigned and removed to Cleveland, and afterward to Colorado. To fill out his unexpired term, the Governor appointed the present incumbent, Ilon. Thomas Beer, also a resi- dent of Bucyrus.
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Of some of the Judges of the Court of Common Pleas mentioned in the foregoing paragraphs, we append the following biographical sketches.
Hon. Ozias Bowen, who died September 26, 1871, was one of the giants of the Marion County bar. Born July 23, 1805, in Oneida County, N. Y. ; not much is known of his early career, but sufficient has been preserved to establish the fact that he was reared amid a community of outspoken, heroic, high-principled people, and these early surroundings gave a permanent basis for his moral character. When a youth of eighteen, he appeared in Ashtabula County, Ohio, where he studied law and was admitted to the bar, and where he also published a weekly newspaper. In 1828, he became a resident of Marion, Ohio, and after engaging in teaching and merchandiz- ing for a brief period, he resumed the practice of his profession, rising to the positions of Prosecuting Attorney, and Judge of the Court of Common Pleas, which last-named position he held with credit to himself and benefit to the community for fourteen years, his circuit extending at one time as far northward as Lake Erie. A seat on the bench of the Supreme Court of Ohio was also awarded to him. In whatever tended to advance the welfare of the people, he took a deep interest; education found in him its warm advocate; all churches alike shared his bounty, although the Presbyterian community claimed him as its especial member. The cause of the slave found in Judge Bowen an ardent advocate, and his associations were ever with the Republican party. He was the friend and coadjutor of such men as Salmon P. Chase, Columbus Delano and the like. His fine residence in the southern part of the town of Marion attested that his labors had met with their due pecuniary reward. In physique, he was five feet and eleven inches in height, while his weight was nearly two hundred pounds, thus attesting that a vigorous body is ever the basis of a vigorous mind.
Judge Bowen's profession and the practice of it made him a prominent and noticeable character, not only in the town and county where he lived, but throughout the State, and to him, as a lawyer, more attention should be given than to any other phase of his character. He was a leading lawyer, eminent and successful. the peer of any with whom he came in contact pro- fessionally. He was not a fluent or eloquent speaker, and brought to his aid none of the graces or tricks of voice or action of the trained elocution- ist. As an advocate he was reasonable, logical, plain, fair, direct and pow- erful, and although he could not sway or control a court or jury by bursts of eloquence, yet he had immense influence as a shrewd, argumentative rea- soner. He was a good judge of men and character, and had what has al- ways been the element or secret of success in every department of man's work-a vast amount of good, solid common sense.
In his practice, he was fair, bold, fearless and dignified, always com- manding and securing the attention and respect of the court.
He was exceedingly careful in giving advice and counseling in litiga- tion. always desiring to avoid and keep out of bad cases; but when he had determined to go on he entered upon the work of the preparation and trial of his cases with the determination to succeed, and no client could ever charge him with neglect or want of zeal. His many years of practice and his long experience as a judge made him exceedingly familiar with the law and especially rules of court and of practice. Yet even in his later years, he never went into court, in even the smallest of cases, without a brief, both of facts and of law. With good natural qualifications and long exper- ience, he put no especial dependence in either, but did depend on the re- sults of special preparation and labor in every case. His secret of success
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was indomitable energy and unremitting labor. He kept a common-place book, in which were noted the results of his investigations, and always ready and at hand; he had a brief when any subject came before him a second time. Every trial in which he was engaged found him with a full and especially prepared brief, and every one was tried with a view of tak- ing it to a higher court if he did not secure on the first trial what he thought he ought to have, and his cases will show that even where he was beaten below, he was most likely to be successful in the end. He was a bold, hard fighter, and like every strong, uncompromising character, made some enemies, but the profession will always recognize him as one of the strongest men at the bar in Northern Ohio in his day. His thoroughness was remarkable and his attention to details equally so. His students will always remember one direction which he gave as to the conduct of trials, viz., "Never omit to make every point in your case, no matter how trifling or small it may seein to you, for although it may look trifling, yet it may be the decisive point in the mind of the court or jury to which you are trying the case." This notice of Judge Bowen's professional character and career would not be complete if we failed to note one beautiful trait in that char- acter, and that is his uniform kindness and courtesy to the young men of his profession. All who were so fortunate as to practice with him will re- member this. No young man ever appealed to him for professional assist- ance in vain, when he was free and could give it. He gave the benefit of his experience and counsel willingly and joyfully, and always had a kind and encouraging word to those who felt the embarrassment of inexperience. The young lawyers who were about him remember him gratefully. To do the life and professional character of Judge Bowen justice, we cannot, probably, better sum up the whole matter than by saying, "He was a great lawyer." *
Hon. William Lawrence resided at Bellefontaine, Logan County. He was a well-read lawyer, possessed remarkable industry and energy, and was a satisfactory Judge. Morally, he was religious and without blemish. He was always pleasant and affable. and was popular both with the people and the bar. He was a former resident of Morgan County, this State. At the opening of the court in May, 1861, when the people were excited about the war, he ordered the Sheriff to raise the national flag over the cupola of the court house in Marion, which order the Sheriff refused to obey. The latter was therefore brought into court and fined for contempt. He then hoisted the flag according to the original order. In 1862, Judge Lawrence went to the front as Colonel in command of a regiment of volunteers. While in the service his salary as Judge continued, which he drew and dis- tributed to the school districts throughout his circuit. In the fall of 1864, he was elected to a seat in Congress, and resigned his position upon the bench to enter upon his new round of duties. Near the close of the term of President Hayes he was appointed First Comptroller of the United States Treasury, which position he now occupies.
Hon. Josiah S. Plants, of Bucyrus, was a gentleman of sterling worth and popular with all classes. In August, 1863, while hunting in Indiana, he was accidentally wounded by his own piece from the effects of which he died. He was then serving a second term as Judge of the Common Pleas Court of his district.
Hon. Chester R. Mott, of Upper Sandusky, is mentioned in the article entitled "The Bar" of this volume, also in the history of the town of Upper Sandusky, to which readers are referred.
* From an article prepared by J. F. McNeal, Esq.
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Hon. Thomas Beer, of Bucyrus, was born in Wayne County, Ohio, September 7, 1832. His literary course of studies was completed at the Vermilion Institute, Hayesville, Ashland County, Ohio, and in 1848 he began teaching school. Having chosen law as a profession, he commenced its study with John C. Tidball, Esq., of Coshocton, in 1851, teaching school meanwhile to defray expenses, and remained with him until 1853. From 1854 to 1858, he served as postmaster at Alliance, Ohio. In the latter year he became editor of the Stark County Democrat at Canton, Ohio, and in 1862, editor of the Crawford County Forum. He was admitted to the bar in 1862, and began to practice at Bucyrus, Ohio. In 1863, he was elected to represent Crawford County in the State Legislature, and was re- elected, thus serving through the sessions of 1864-66, 1866-68. He also served as a member of the Constitutional Convention held at Columbus and Cincinnati in 1873-4. On the 15th of August, 1874, he was appointed by the Governor, Judge of the Common Pleas Court, for the Fourth Subdivision of the Third Judicial District of Ohio, then comprising the counties of Wood, Hancock, Seneca, Wyandot, Crawford and Marion. In October, 1874, he was elected to fill the unexpired term of Judge Jackson, who had resigned. In 1876, he was re-elected for the full term of five years, and in 1881, was again re-elected to serve until February 9, 1887. As a practitioner Judge Beer was fair and honorable. On the bench he is not rapid in his decisions, but takes time to fortify himself with precedents, which practice leads the people to regard him as a careful, impartial and upright Judge.
Wyandot County is now, with Crawford and Marion, in the Second Subdivision of the Tenth Judicial District of the State.
Prior to the adoption of the State Constitution of 1851, those who, as residents of Wyandot County, sat on the bench as Associate Judges, were Abel Renick. William Brown, George W. Leith, Joseph Chaffee, A. M. Anderson and Hugh Welch, all of whom were Whigs.
THE BAR.
Respecting those who, as resident attorneys, have practiced at the Wyandot County bar during the past forty years, the results of many hours of labor, passed in patient, diligent research, are placed before the reader as follows: It is first explained, however, that the names of those now practicing in the county, are marked by an asterisk, and that more extend- ed sketches concerning many will be found in the biographical notes at- tached to the history of the town of Upper Sandusky.
Jude Hall, Esq., who is mentioned as the first resident attorney at Upper Sandusky, established an office here for the transaction of legal business as early as the year 1843, and remained some three or four years thereafter. He is remembered and spoken of by the oldest inhabitants as a rather eccentric character, a hard worker in the cause of his clients, a ready debater, and could, when he deemed the occasion fitting, pour forth into the ears of lenient Judges, and wondering, almost awe-stricken jurors, stilted, grandiloquent rhetoric without stint. The following amusing reminiscences respecting Mr. Hall have been furnished us by his early cotemporary, John D. Sears, Esq.
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