The history of Hardin county, Ohio, Part 38

Author: Warner Beers & co., Chicago, pub
Publication date: 1883
Publisher: Chicago : Warner Beers & Co.
Number of Pages: 1076

USA > Ohio > Hardin County > The history of Hardin county, Ohio > Part 38

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JUSTICES OF THE PEACE.

When the State was organized, a law was passed (April 16, 1803) pro- viding for the election in every township of Justices of the Peace, the num- ber to be determined by the Court of Common Pleas. The official term was three years, and many subsequent acts were passed defining and regu- lating the duties and powers of this court. Under the constitution of 1851, a competent number of Justices was authorized to be elected in each town- ship, the term of service being the same as under the old Constitution. The jurisdiction of Justices is fully established by law and will be found further along in this chapter. Although the office of Justice of the Peace is generally looked upon as an insignificant one, yet it has done its share in

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moulding the law abiding sentiment of every community, and causing evil- doers to respect the power and majesty of the Judiciary.

CIRCUITS.

Under the old constitution the State, as already mentioned, was divided into judicial circuits, which were increased and changed from time to time, as necessity and the growing population demanded. The territory com- prising Hardin County belonged to the old Indian reservation until the treaty of 1817, but in 1820, the lands acquired by said treaty were erected into fourteen counties. Hardin was attached to Logan County, and was necessarily in whatever circuit the latter county formed a part of until its own organization in 1833. It will therefore be proper to give the organ- ization of the circuits into which Hardin County was thrown from 1820 until 1852. In 1819, the State was composed of nine judicial circuits, and on the 18th of February, 1820, the First Circuit comprised the counties of Montgomery. Miami, Clark, Champaign, Logan, Shelby and Darke. Thus it remained until February 10, 1824, when the following counties composed the First Circuit: Preble, Montgomery, Clark, Champaign, Logan, Miami, Darke, Shelby and Mercer. In 1826, Preble was put into the Seventh Circuit, but in 1828 it again became a part of the First, and February 9, 1831, the county of Allen was also added thereto. Twelve days after the passage of the act organizing Hardin County, a law was enacted by which the newly organized county was thrown into the Second Circuit, which then embraced the counties of Delaware, Marion, Crawford, Richland, Huron, Sandusky, Seneca, Hancock, Wood, Williams and Hardin. On the 24th of January, 1834, the State was divided into twelve circuits, this county forming a part of the Twelfth, viz .: Clark, Madison, Franklin, Delaware, Union, Logan, Champaign and Hardin. The Thir- teenth Circuit was created February 16, 1839, out of the following coun- ties: Hardin, Allen, Putnam, Van Wert, Paulding, Williams, Henry, Lucas, Hancock and Wood. In 1840, the Fourteenth and Fifteenth Circuits were erected, but no change was made in the Twelfth. Five years passed away, and February 19, 1845, the Sixteenth Circuit was established from Shelby, Mercer, Allen, Hardin, Hancock, Putnam, Paulding, Van Wert and Will- iams Counties; and on the 10th of March, Defiance County was attached thereto. The Seventeenth Circuit was created January 25, 1848; and the Eighteenth, February 22, 1848. The latter circuit took from the Sixteenth Putnam, Van Wert, Paulding, Defiance and Williams; while the newly erected county of Auglaize was attached to the Sixteenth Circuit at the same time. On the 18th of March, 1850, the Nineteenth Circuit was formed; and on the 4th of March, 1851, the Twentieth, but no change took place in the Sixteenth, which from February, 1848, until the adoption of the new constitution, was composed of Shelby, Mercer, Allen, Hardin, Hancock and Auglaize Counties.

JUDICIARY SINCE 1851.

The constitution of 1851 provided for the re-organization of the Judi. ciary, to consist of the Supreme Court, District Courts, Courts of Common Pleas, Probate Courts, Justices of the Peace, and such other courts inferior to the Supreme Court as the Legislature may from time to time establish.

SUPREME COURT.

This tribunal consists of five Judges, to be chosen by the electors of the 1

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State at large, whose official term is five years. Its sessions are held in Columbus, and its original jurisdiction is limited to quo warranto, manda- mus, habeas corpus, procedendo, and such appellate jurisdiction as has been provided by law, extending only to the judgments and decrees of courts created and organized in pursuance of the constitutional provisions. It has power when in session to issue writs of error and certiorari in crimi- nal cases, and supersedeas in any case, and all other writs which may be necessary to enforce the due administration of justice throughout the State. It has also power to review its own decisions.

COURT OF COMMON PLEAS AND JUDICIAL DISTRICTS.

The new constitution provided for the division of the State into judi- cial districts, and each district into subdivisions. In each subdivision one Common Pleas Judge, who was to be chosen by the qualified electors therein, who must be a resident of said subdivision, but the Legislature can increase the number of Judges whenever such course is necessary. The State was divided into nine judicial districts. The counties of Shelby, Auglaize, Allen, Hardin, Logan, Union and Marion, formed the first subdivision; Mercer, Van Wert, Putnam, Paulding, Defiance, Williams, Henry and Ful- ton, the second subdivision, and Wood, Seneca, Hancock, Wyandot and Crawford, the third subdivision of the Third Judicial District. In April, 1858, the Tenth Judicial District was created, and the Third District consisted of the following counties, viz., Logan, Union, Hardin and Marion, the first subdivision; Shelby, Anglaize, Allen, Mercer and Van Wert, the second subdivision; Paulding, Defiance, Williams, Fulton and Henry, the the third subdivision. The Tenth Judicial District was abolished by an act passed May 1, 1862, which repealed the laws changing the old Third Judicial District. On February 21, 1868, the act abolishing the Tenth Judicial Dis- trict was amended as follows: Logan, Union, Hardin and Shelby, consti- tuted the first subdivision; Auglaize, Allen, Mercer, Van Wert and Putnam, the second subdivision; Paulding, Defiance, Williams, Fulton and Henry, the third subdivision; Seneca, Hancock, Wyandot, Marion, Crawford and Wood, the fourth subdivision of the Third Judicial District. In May, 1878, an act was passed re-districting the State into five judicial districts, but the Supreme Court declared the law unconstitutional, and it never went into force. On June 7, 1879, the Tenth Judicial District was again created, and now comprises Hardin, Hancock, Seneca and Wood, as the first subdivision; Crawford, Marion and Wyandot, the second subdivision; Union and Logan, the third subdivision.

The constitution confers no jurisdiction whatever upon the Court of Common Pleas, in either civil or criminal cases, but it is made capable of receiving jurisdiction is all such cases, yet can exercise none until conferred by law. It has original jurisdiction in all civil cases, both at law and in equity, where the sum of matter in dispute exceeds the jurisdiction of Justices of the Peace, and appellate jurisdiction from the decision of County Commissioners, Justices of the Peace, and other inferior courts in the proper county in all civil cases; also of all crimes and offenses except in cases of minor offenses, the exclusive jurisdiction of which is invested in Justices of the Peace. It also has jurisdiction in cases of divorce and ali- mony. Three terms of the Court of Common Pleas are usually held in each county annually.

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DISTRICT COURTS.

These tribunals are composed of the Judges of the Court of Common Pleas of their respective districts, and one of the Supreme Judges, any three of whom is a quorum. For the purposes of the District Courts, the judicial districts are divided into circuits. Its sessions are held once a year in each county, but the Judges have power to appoint special terms for good cause. This court has original jurisdiction with the Supreme Court, and appellate jurisdiction from the Court of Common Pleas of all cases in equity in which the parties have not the right to demand a trial by jury; and orders dissolving injunctions in certain cases. The District Courts have power in certain cases, to allow injunctions and to appoint re- ceivers, also to review their own decisions.

JUSTICES OF THE PEACE.

The jurisdiction of Justices of the Peace in civil cases, with a few ex- ceptions, is limited to the townships in which they reside. They, however, have authority co-extensive with their respective counties, among other things, to administer oaths; to take acknowledgments of instruments of writing; to solemnize marriages; to issue subpoenas for witnesses in matters pending before them; to try actions for forcible entry and detention of real property; to issue attachments, and proceed against the effects and goods of debtors in certain cases, and to act in the absence of the Probate Judge in the trial of contested elections of Justice of the Peace. Under certain restrictions, " Justices of the Peace shall have exclusive original jurisdic- tion of any sum not exceeding $100, and concurrent jurisdiction with the Court of Common Pleas in any sum over $100 and not exceeding $300.". Justices are conservators of the peace, and may issue warrants for the ap- prehension of any person accused of crime, and require the accused to enter into a recognizance with security, or, in default of bail, commit him to jail to answer before the proper court for the offense. Persons accused of offenses punishable by fine or imprisonment in the jail, brought before the Magistrate on complaint of the injured party, and who plead guilty, may be sentenced by the Magistrate or be required to appear before the proper court for trial.

The establishment of Probate Courts under the Constitution of 1851, together with the powers and duties of said office, will be found under the head of Probate Judges, in the chapter on Public Officials, to which we refer the reader.

PIONEER COURTS OF HARDIN COUNTY.

Pursuant to an act of the General Assembly, passed January 19, 1833, organizing the County of Hardin, the first term of the Court of Common Pleas was opened at Fort McArthur, the residence of William McCloud, March 8, 1833, in compliance with Section 5 of said act, designating the place of holding court until a seat of justice should be established. There were present the three Associate Judges, viz., Hons. William McCloud, Joseph Bowdle and James E. Hueston. The two former produced commis- sions bearing date January 23, 1833, as Associate Judges of Hardin County for the term of seven years, to which office they had been elected by the General Assembly of Ohio. James E. Hueston was appointed by the Gov- ernor in March, 1833, to serve until the close of the succeeding Legislative session of 1833-34, at which time he was duly elected for seven years. Upon the organization of the court, they appointed Alexander Thomson

Simon et Reid.

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clerk pro tem. of the Court of Common Pleas, with Daniel Campbell and Peter C. McArthur as sureties. There does not seem to have been any other business transacted at this session, and it is probable that the Judges were sworn into office by Daniel Campbell, a Justice of the Peace of Round Head Township, who was present at the organization of the court.

The second session began at the same place (Fort McArthur), Septem- ber 10, 1833; present, Hons. William McCloud, Joseph Bowdle and James E. Hueston; Henry D. Tharp, Sheriff; Alexander Thomson, Clerk pro tem. Although the act organizing Hardin County was passed January 19, 1833, and the officials elected and sworn into office, yet the following item re- corded at the opening of this term would be apt to lead the average reader into error, viz .: "It appearing to the court that the County of Hardin was not organized until after the first Monday of September, 1833, and that therefore a legal appointment of jurors could not be made or selected: Wherefore it is ordered by the court that the Sheriff of said county sum- mon forthwith, from among the bystanders, fifteen lawful jurors." The county was organized, but the act placing Hardin County in the Second Judicial Circuit, designated September, 1833, as the date for the first meet- ing of the Court of Common Pleas in said county. The names of the men who compose this grand jury are Joseph Collins, Charles W. Stevenson, Charles Dille, John Johnson, Jr., James Hays, Jonathan Cessna, George H. Houser, Jacob H. Houser, George Elsey, Eri Strong, Samuel Stevenson, Samuel Hatfield, John Radcliff, John Johnson, Sr., and Solomon Johnson. The foreman was Cyrus Dille, and Charles W. Scott was appointed Bailiff. Samuel Wilcox, Benjamin McIntire, Samuel Hatfield, Charles W. Steven- son, Samuel Stevenson, Joseph Collins and Solomon Johnson were called as witnesses before the grand jury at this session. The jury retired for consultation to the shade of a large tree, which stood on the bank of the Scioto, close to Fort McArthur, and returned several indictments against William Furney, for retailing spirituous liquors without license to Charles W. Stevenson, John Radcliff, Solomon Johnson and Joseph Parish. The trial of these cases was continued until the next term of court. The reader will bear in mind that in those pioneer days nearly every tavern-keeper sold spirituous liquors, and that nearly every man took his drink. That was the general custom, and prohibitionists were then unknown. The best people sold and drank liquors, while very often the women and children " took a little wine for their stomach's sake," and were considered none the worse for the indulgence.

On the first day of this term, William Bayles was appointed Prosecut- ing Attorney, and was subsequently paid $25 for his services at said ses- sion. Alexander Thomson was appointed Clerk of the Court of Common Pleas of Hardin County, for the constitutional term of seven years. He gave bond in the sum of $10,000, with James Hays, Robert McCloud, Charles W. Stevenson and William Thomson as securities.

The first tavern license granted after the organization of Hardin County was issued at this term, September 10, 1833, the record reading as follows: " On application of Portius Wheeler for license to keep a tavern, without retailing ardent spirits, at his present residence in this county, and it appearing to the court here that a tavern is needed at that place, and that said Wheeler is a suitable person to keep said tavern, and is provided with suitable accommodations; therefore it is ordered by the court that the Clerk issue a license to said Wheeler, to keep a tavern at his present resi-

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dence in this county, without retailing ardent spirits, for one year, upon his paying into the county treasury the sum of $4."

On the same day, the court appointed Jacob Kimberlin, Daniel Camp- bell, Rowland T. Madison, Portius Wheeler, William Furney and Eri Strong, Examiners of Common Schools, for the term of two years.

On the second day of this session, William Furney was granted a license to keep a tavern at his residence in Kenton, for the term of one year, with- out retailing ardent spirits, upon his paying to the Treasurer of Hardin County the sum of $2. The Commissioners appointed by the Legislature to select the permanent seat of justice for Hardin County, reported their selection to the court at this term, and the propositions relative thereto were ordered to be placed upon record. The court appointed Charles W. Steven- son Director of the town of Kenton; and September 12, the third day of this session, he was ordered to accept said propositions and proceed to lay off said town on the site selected, and advertise the lots for sale.

The first term of the Court of Common Pleas held in Kenton, the newly- laid-out seat of justice began on the 14th day of April, 1834, present Hons. William McCloud, Joseph Bowdle and James E. Hueston; William Bayles, Prosecutor; Jacob Snoddy, Sheriff; Alexander Thomson, Clerk. The court house had not yet been erected, and court was held in the bar-room of John W. Williams' tavern, which stood on the southwest corner of De- troit and Franklin streets, the site of L. W. Barr's book store, now known as "Goodin's Block." The grand jurors impaneled at this term were Joseph Collins, John Johnson, Jr., William Kellough, Henry Heckathorn, Lewis Andrews, Thomas Shanks, Lemuel Wilmoth, William Cary, Jesse Bowdle, Sr., Richard Rutledge, John H. Houser, John C. Dille, Samuel Badley, Moses Dudley and Obed Taylor. The latter was foreman of the jury . James M. Gillispie was appointed Bailiff, and William Furney, Deputy Sheriff. The indictments were principally for selling liquors without license, and petit larceny.

The first petit jury of Hardin County was called at the session, and the following citizens composed the panel, viz .: Asa Davis, John Moore, Na- thaniel A. Hughey, John Hawkins, Clement Rice, Alexander Templeton, Gard- ner Hatch, Andrew Richey, Samuel Richey, Jacob H. Houser and Samuel Stevenson. This panel contains only eleven jurors, but the records develop the fact that one name has been erased therefrom. Although this jury was allowed for one day's service, it tried no case, for the reason that all were continued to the next session.

The following licenses were granted at this term: John W. Williams was issued a license for one year, to keep a tavern in Kenton, with the priv- ilege of retailing spirituous liquors upon paying into the county treasury $5. Joseph W. Bowdle got a license to keep a tavern at Fairview (Round Head Township), without the privilege of selling liquors, upon paying $2. John Moore obtained a license to keep a tavern and sell liquors at his residence in Round Head Township, for which he was charged $5. William Furney was granted a similar permit to keep a tavern in Kenton and retail liquors, upon paying $5 to the County Treasurer. Thomas C. Livingston was issued a license to keep a tavern at the village of Round Head, without the privi- lege of selling spirituous liquors, upon the payment of $2. In November, this license was changed so as to permit him to sell ardent spirits, for which he was taxed $5. Most of these licenses were renewed year after year, while some of those whose names are given kept places of entertainment for man and beast throughout the early history of Hardin County. On the 1st of

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January, 1836, David Goodin became proprietor of the tavern in Kenton previously owned by John W. Williams, and carried on the business for many years. Another of the pioneer tavern-keepers was Harvey Buckmister, whose place of business was on the old State road, in the southeast corner of what is now Buck Township, but the three first years ran a rented tavern at Grassy Point, in Hale Township. Thomas L. Campbell began keeping a tavern at his residence in McDonald Township, in 1836, and received a li- cense to sell liquors like most of his contemporaries. Many other names appear among the records as tavern-keepers, who came at a later day, but who were well-known among the pioneer fathers and mothers for their gen- ial manners and liberal hospitality, which was exhibited in the truly back- woods style.

In the Atlas of Hardin County, published in 1879, appears an article from the pen of Judge N. Z. McColloch, a former resident of Bellefontaine, in which he graphically describes "the first court ever held in Hardin County." He first gives a description of Fort McArthur, where said court was held; tells of some eight lawyers who were present from Urbana, Belle- fontaine, Mansfield and Findlay; speaks of Judge Joseph R. Swan, pre- siding; Anthony Cosad, prosecutor; and William Furney, Sheriff. He winds up his article by referring to the second term of the Court of Com- mon Pleas held at the same place, Judge Swan presiding, in which a petit jury was wanted, but, on account of the sparsely settled country and busy season, some difficulty was experienced in getting the requisite number of jurors. He says: "The jail, at that time, was a log cabin near Fort McAr- thur. Judge Swan adjourned court over one day, and ordered the Sheriff to impanel the jury, which, for the reasons above, was no easy task. On the morning of the second day, the Judge opened court, and asked the Sheriff if the panel of jurors was full. The Sheriff is said to have replied: "Not quite full yet, I have eleven men in the jail, and my dogs and deputies are after the twelfth man."

The story is a very pretty one, and apt to enlist the curiosity of the average pioneer, who loves backwoods yarns, but it lacks one necessary requisite to entitle it to be classed among historical stories, viz., truth. Judge Swan never sat on the bench at Fort McArthur; there was no petit jury impaneled at the two sessions of the Common Pleas Court held there; Anthony Cosad never filled the position of Prosecuting Attorney in this county; William Furney was never Sheriff of Hardin; and there was no jail at Fort McArthur, the first one being a small log building erected upon the public square in Kenton. We have referred to this subject, for the reason that it has become a fireside story in Hardin County, and is generally believed to be true, whereas there is not the smallest particle of truth in it, excepting his description of the old fort.

To satisfy our readers upon this point, we here give a verbatim copy of the record as preserved in the office of the Clerk of the Court of Common Pleas, from which it can be seen that there were three terms of court held by the Associate Judges prior to the coming of Judge Swan: "At a Court of Common Pleas, began and held for the county of Hardin, at the court house in Kenton, on the 17th day of November in the year of our Lord 1834, and of the State of Ohio the thirty-second, present Joseph R. Swan. President; William McCloud, Joseph Bowdle and Joseph Cessna, Associate Judges of said court; William Furney, Deputy Sheriff, and Alexander Thomson, Clerk." This is the first time that Judge Swan's name appears as Presiding Judge of the Court of Common Pleas of Hardin County; and

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though the record reads "at the court house in Kenton," Daniel Barron says, that the court house was not then finished, and that court was held in the bar-room of John W. Williams' tavern. The cash book then used by Mr. Williams, and now in possession of his son at Washington, D. C., agrees with the statement of Mr. Barron. The grand jurors impaneled at this session were John Gardner, Portius Wheeler, Silas Bailey, Mathew Maban, Benjamin Depew, William Conwell, Michael Fickle, Basil Bailey, John C. Dille (Foreman), James Elam, Levi Hosman, Jacob H. Houser, Samuel Badley, Thomas McGoldrick and Joseph Leedom.

The petit jury drawn at this term were Samuel Wagner, James Andrews, Moses Dudley, Daniel Trump, Peter C. McArthur, Jesse Holt, Robert Mc- Cloud, George W. Newland, John H. Houser, Edward M. Badley, Daniel Barron and William Scott. This jury tried the case of Matthew Dolson and Elisha Byers, who had been indicted at the previous term for larceny. The evidence developed the fact that Dolson and Byers had gone into the timber, and finding some nice " shoats " running wild, selected what they wanted, shot them and appropriated the pork to their own use. They were found guilty, and fined $10 and costs. This was the first case in the history of Hardin County that was tried before a jury, all others being settled by the court or continued. Judge Swan presided but one day, and Daniel Barron, who sat upon this jury, says, that the jury retired for deliberation to a small bed-room in the second story of the Williams' tavern, which they . reached by climbing a primitive ladder, made of wooden pins driven into the log wall at convenient distances apart.

The first term of court that was held in the court house, though the building was yet unfinished, began June 5, 1835, with the following Judges on the bench: Hons. William McCloud, Joseph Bowdle and Portius Wheeler. The grand jury were Samuel Morgan, John McArthur, John H. Houser, James Stevenson, Benjamin Widner, James Andrews, Cephus Dille (Fore- man), William Cary, Samuel Kelly, Rowland T. Madison, Joshua Cope, Asa Davis, John C. Dille, George Elsey and Daniel Campbell; with Henry Garrett as Bailiff. The following petit jury tried an assumpsit case, of Isaac Gray vs. Charles Cessna, at this session: William Scott, David Mc- Quown, Jonathan Williams, Abel Allen, James Hill, Reading Hinline, Richard S. Anderson, William Williamson, David Poe, Moses Dudley, John Ryan and John Heckathorn. The case was decided in favor of the defendant. At this session, the court appointed five school examiners, viz., Eri Strong, John H. Wear, John W. Williams, William Cary and Obed Taylor, whose official term was two years.

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The history of Hardin county, Ohio, Part 38

Author: Warner Beers & co., Chicago, pub Publication date: 1883 Publisher: Chicago : Warner Beers & Co. Number of Pages: 1076

Author: Warner Beers & co., Chicago, pub
Publication date: 1883
Publisher: Chicago : Warner Beers & Co.
Number of Pages: 1076