The history of Madison County, Ohio, Part 39

Author: Brown, Robert C; W.H. Beers & Co., pub
Publication date: 1883
Publisher: Chicago, W.H. Beers & co.
Number of Pages: 1180

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THOMAS GWYNNE.

Some time prior to the erection of Madison County, probably as early as 1808, six brothers-Thomas, John E., William, Eli W., David and Horatio Gwynne-natives of Maryland, came to the territory now compos- ing this county, and settled in what is now Deer Creek Township. Upon the organization of the county, the temporary seat of justice was established at the house of Thomas Gwynne, where it remained throughout 1810 and the greater part of 1811. He served as County Treasurer from 1810 until August, 1811, and Associate Judge, by appointment of the Governor, from March to November, 1820. Prior to the permanent location of the county seat, Mr. Gwynne labored hard to have it established on his land in Deer Creek Township, and was much chagrined at the defeat of his pet project. He kept the first tavern and store in the county after its creation, subse- quently removing the latter to London. Thomas Gwynne married a Miss Murdock, of Maryland, of which union was born Lewellen, David, Thomas M., Mrs. John W. Andrews, Mrs. Buttles and, perhaps, others. In 1816, he laid out the town of Lawrenceville, which has since become extinct. His brother David was a Paymaster in the United States Army, and assisted his brothers very materially in their business ventures. They were all connected together in their mercantile transactions, operated stores at London, Urbana and Columbus, and while living in Urbana, Thomas died, leaving to his heirs a large estate. These Gwynnes were very active, energetic business men, and all died wealthy. The descendants of the family still own a large amount of land in Madison County, but none are residents thereof.

A. A. IIUME.

We believe there can be no more appropriate way of closing these sketches than to briefly mention the long official career of A. A. Hume, who, although not a pioneer in the strictest sense of the term, has, nevertheless, lived so long in Madison County, and served the people so faithfully that to leave him out of this chapter would be an injustice. Ile was born in Paint

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HISTORY OF MADISON COUNTY.

Township, this county, September 30, 1809, and is a son of Robert and Isabella S. Hume, who are mentioned in the foregoing pages. Here he grew up during the pioneer days, and in 1841 was appointed Clerk of the Court of Common Pleas. He was elected to fill that position eleven times in succession, serving continuously until February, 1882. The amount of official work done during this period of forty-one years cannot easily be esti- mated-a period stretching over one and one-third generations of people. Since the time when he took office, eight out of ten who were then living have passed away. On the 221 of February, 1882, the bar of London ten- dered Mr. Hume a banquet at the Phifer House, in honor of his long official life and his worth as a public servant. Every member of the bar was present, excepting two, all of the county officers and many other lead- ing citizens to celebrate the close of the longest continuous official career in the history of Ohio. Col. J. C. McCloud, President of the Bar Associa- tion, presided at the banquet, while Hon. Henry W. Smith, on behalf of the bar, presented Mr. Hume with a gold-headed cane, on the head of which was engraved the following : "Presented to A. A. Hume, Clerk of Court from 1841 to 1882, by the London, Ohio, Bar, February 22, 1882." It was a fitting testimonial to the integrity of Mr. Hume, and a worthy mark of friendship from those whom he served so long. Letters of regret were received from Hons. Joseph R. Swan, Joseph Olds, Richard A. Harrison, Eli P. Evans and Samuel W. Courtright, while Hon. James L. Bates was present to testify to his warm friendship for the old ex-Clerk, whom he had known intimately many years. As is the general custom at such entertain- ments, wit and wisdom flowed freely, assisted materially by the invigorating viands prepared for the occasion. Hon. James L. Bates responded to " The Common Law ;" Hon. George Lincoln to " The Court ;" James M. Horrell to " The Lawyers ;" S. W. Durflinger to " The Jury;" B. HI. Lewis to " Attorney's Fees ;" Ernest McCormack to " Costs ;" G. W. Wilson to " George Washington ;" Bruce P. Jones to " The Mayor of London ;" O. P. Converse to " The Ladies ;" D. C. Badger to " The Law of Evidence ;" George B. Cannon to " The Civil Code ;" Martin O'Donnell to " The Bar ;" W. B. Hamilton to " Our Host and Hostess ;" M. L. Bryan and George E. Ross to " The Press." The worthy recipient of this banquet is proud of the place he won in the hearts of the Madison County bar, and fully appreciates the honor, which was a just and fitting tribute to his official honesty and ability .*

POLITICS.

The political history of Madison County may be told in a few brief sentences. During the first ten years after its erection, politics were in a crude state, and party organization was not fully developed ; therefore, the political ties then binding men to any particular party were easily severed. In 1812, its vote was cast for James Madison, and in 1816 and 1820, it went for James Monroe. The first election at which partisan spirit was in any degree aroused, was in 1824. when Andrew Jackson carried the county on the Democratic ticket. He again carried it in 1828 and 1832; but by this time the Whigs had devoloped such strength that the Democrats never again carried the county in a State or Presidential election during the ex- istence of the Whig party.

* The biographies of David Mitchell and Joshua Ewing will be found in the chapter on pioneers.

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HISTORY OF MADISON COUNTY.

The Know-Nothing craze swept over both parties in Madison County for the time being, but this fanaticism soon passed away, leaving the new- born Republican party in the ascendency. It has ever since had a small majority in State and Presidential contests, with the exception of the Gubernatorial election between Allen G. Thurman and R. B. Hayes, in which the former carried the county by seventeen majority; and one or two other State elections when the Republicans were defeated. The Democrats usually elect a portion of the county ticket, while the county has been rep- resented in the General Assembly several times by a Democratic member ; yet in a close contest, where party spirit ran high, Madison County has always given a majority for the candidates of the Republican party.

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. HISTORY OF MADISON COUNTY.

CHAPTER IX.

TERRITORIAL JUDICIARY-STATE JUDICIARY PRIOR TO 1851 - SUPREME COURT -COURT OF COMMON PLEAS-JUSTICES OF THE PEACE-CIRCUITS-

JUDICIARY SINCE 1851-SUPREME COURT-COURT OF COMMON

PLEAS-DISTRICT COURTS-JUSTICES OF TIIE PEACE -PIONEER COURTS OF MADISON COUNTY.

AS S people often fail to agree with regard to their relative rights and duties, and as they sometimes violate their agreements with each other, and even violate and disobey those rules and regulations prescribed for their conduct, it is necessary that tribunals should be provided to administer justice, to determine and declare the rights of parties, to investigate and de- cide whether the laws are observed or violated, and to declare and pronounce judgment according to law and the just deserts of the citizen. These de- terminations are called judicial. Upon the organization of the Northwest Territory, courts were established and laws promulgated for the proper gov- ernment of the same. The first to take shape was the Court of Common Pleas, established by the Governor and Judges at Marietta, August 23, 1788. This court was composed of not less than three nor more than five Justices, appointed in cach county and commissioned by the Governor, " to be styled the County Court of Common Pleas," whose sessions were held twice a year in each county. By an act passed at Cincinnati, November 6, 1790, this court was authorized to hold four sessions per year for the greater facility in the transaction of business, and the number of Judges were in- creased, to not less than three nor more than seven in cach county. Beside the regular sessions, these courts were empowered to hold special terms, as often as necessary, while their powers and duties were fully defined and regulated by law.

On the 30th of August, 1788, the General Court of the Territory was organized for the trial of "civil and criminal cases." Its sessions were held once a year in each county, and November 4, 1790, the time and place for holding said courts was defined. An act was adopted from the Virginia statutes July 16, 1795, giving the Judges power to continue suits in neces- sary cases.

Probate Courts were created by an act passed at Marietta August 30, 1788, establishing a Judge of Probate in cach county. He was authorized to hold four sessions annually, and special sessions whenever necessary. Probate Judges were appointed by the Governor, and had charge of all pro- bate and testamentary business. Their decisions were not final, but they could call in two Justices of the Court of Common Pleas, who, with the Probate Judge constituted the Court of Probate, which had power to render final decisions and decrees in all matters cognizable in said court, subject, however, to appeal in all cases to the General Court of the Territory.

The act establishing Orphans' Courts was adopted from the statutes of Pennsylvania, June 16, 1795. They consisted of the Justices of the Gen-

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HISTORY OF MADISON COUNTY.

eral Quarter Sessions of the Peace, and were created in each county. These courts were domestic, possessing peculiar facilities for acquiring correct in- formation of the condition of intestate estates within their jurisdiction, and much was intended to be confided to their discretion because their pro- ceedings were ex parte, and in most cases operated upon and effected the rights of minors. They worked in harmony with the Judge of Probate, and their duties and powers were defined in conjunction with his. Upon the organization of the State judiciary April 15, 1803, all business of a probate or testamentary nature, pending in the Orphans' Courts, or Courts of Probate, was transferred to the Courts of Common Pleas ; and the law of 1795, defining the limits of judicial power in relation to intestate estates remained in force. Thus the Court of Common Pleas was endowed with all the former duties and power of the Probate and Orphans' Courts, and so re- mained until the adoption of the new constitution, when the office of Pro- bate Judge was created as it exists to-day.

The General Quarter Sessions of the Peace were established August 23, 1788, to be held four times a year in each county. This court consisted of not less than three nor more than five Justices, who were appointed by the Governor. It was created for the trial of small causes, and its jurisdic- tion was defined by law.

Circuit Courts were created by an act approved December 9, 1800. They were held annually in the several districts into which the Territory was divided, by one or more Judges of said Territory, to which cases from the Court of Common Pleas were taken, removed or appealed. These sev- eral courts comprised the Territorial judiciary, until the admission of Ohio into the Union.

STATE JUDICIARY PRIOR TO 1851.

At the first session of the Legislature in April, 1803, an act was passed organizing Judicial Courts. The Supreme Court consisted of three Judges, elected by joint ballot of the General Assembly, their official term to be seven years. One session a year was held by this tribunal in each county. The Constitution gave the Supreme Court original and appellate jurisdiction, both in common law and chancery, in such cases as the law should direct. On the 17th of February, 1808, the number of Judges were increased to four, and the State divided into two districts, East- ern and Western, two of said Judges to hold court in each, as they should determine among themselves. This county was in the Eastern District, but the law was repealed February 16, 1810, at which date the number of Su- preme Judges was reduced to three. By this act the Supreme Court was given concurrent jurisdiction of all civil cases, both of law and equity, where the matter in dispute exceeded $1,000, and appellate jurisdiction from the Court of Common Pleas in all cases wherein that court had original jurisdiction. It also was given exclusive cognizance of all cases of divorce and alimony, and in all criminal cases except where the prisoner elected to be tried by the Court of Common Pleas. The number of Judges was again increased to four February 13, 1816, and exclusive cognizance of criminal cases conferred upon this tribunal. Thus it stood until the adop- tion of the new constitution in 1851. Many laws were passed, defining more minutely the powers and duties of the Supreme Court, which may be found in the Ohio statutes.

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HISTORY OF MADISON COUNTY.

COURT OF COMMON PLEAS.

The State was divided into circuits, for each of which a Judge was elected by joint ballot of the General Assembly, whose term of office was seven years. In each county, not less than two nor more than three Asso- ciate Judges were chosen in a similar manner and for the same period of service. The President Judge with the Associates composed the Court of Common Pleas of each county, whose powers and duties were defined and time of holding court stated. Under the constitution, this court had com- mon law and chancery jurisdiction with the Supreme Court, while both had complete criminal jurisdiction, as the law from time to time should define. The Associate Judges were empowered to hold special sessions to transact county business whenever such was necessary. The Court of Common Pleas, by an act passed February 22, 1805, had cognizance of all crimes, offenses, etc., the punishment whereof was not capital, and January 27, 1806, an act was passed allowing capital punishment offenses to be tried before this tribunal, at the option of the prisoner, but the decision was final. On the 16th of February, 1810, the several acts organizing judicial courts, defining their powers and regulating their practice, were reduced into one. By this enactment, the decisions of the Common Pleas Court in all criminal cases might be taken to the Supreme Court on error, the former final clause being repealed. The Court of Common Pleas was to consist of a President and three Associate Judges, and were to have original jurisdiction in all civil cases of law and equity where the sum or matter in dispute did not exceed $1,000, and did exceed the jurisdiction of a Justice of the Peace. It also had appellate jurisdiction from the decisions of Justices of the Peace, in all cases in their respective counties. It had exclusive power to hear and determine all causes of a probate and testamentary nature, to take the proof of wills, grant letters of administration, appoint guardians, etc .; also exclu- sive cognizance of all crimes, offenses, etc., the punishment of which was not capital, and then if the defendant so desired. In 1816, the power of trying the latter class of cases was taken from the Court of Common Pleas, and by many subsequent acts their powers were defined and regulated. In 1831, this court was given exclusive cognizance of all crimes, offenses, etc., the punishment whereof was not capital ; also original and concurrent juris- diction with the Supreme Court of all crimes, offenses, etc., the punishment of which was capital. Thus the judiciary remained with immaterial changes until the adoption of the new constitution, at which time the courts were again re-organized.

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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HISTORY OF MADISON COUNTY.

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 di- vided into judicial circuits, which were increased and changed from time to time, as necessity and the growing population demanded. The territory composing Madison County was then a portion of Franklin, and belonged, of course, to whatever circuit the latter county formed a portion of. It will therefore be proper to give the organization of the circuits into which this county was thrown from 1803 until 1852. In 1803, the Second Circuit was composed of Adams, Scioto, Ross, Franklin, Fairfield and Gallia Counties, to which Muskingum was added in 1804. In 1808, the State was divided into four circuits, the Second being Adams, Highland, Scioto, Gallia, Ross, Franklin and Delaware Counties. In February, 1810, the counties form- ing the Second Circuit were Ross, Pickaway, Madison, Fayette, Highland, Clermont, Adams, Scioto and Gallia, The following year the circuit was again changed and comprised the counties of Pickaway, Franklin, Mad- ison, Fayette, Highland, Clermont, Adams. Scioto, Gallia and Ross. On the 27th of February, 1816, the State was divided into six circuits. and this county became a part of the Sixth, viz., Clermont, Clinton, Greene, Champaign, Delaware, Franklin, Madison and Fayette ; but in 1817, Cler- mont was attached to the First Circuit. In January, 1818, the Seventh Circuit was created, leaving the following counties comprising the Sixth, viz., Franklin, Delaware, Madison, Clark, Champaign, Logan and Fayette. In February, 1819, two more circuits were established and Fayette County was thrown into the Second Circuit. Upon the erection of Union County, in 1820, the Sixth Circuit contained Delaware, Franklin, Fairfield, Perry, Pickaway, Madison and Union. Thus it remained for four years, when an- other change occurred and the following counties composed the Sixth Cir- cuit, viz., Madison, Fayette, Ross, Pickaway, Hocking, Fairfield and Frank- lin. In 1828, Union was again added to the Sixth and thus this eirenit existed until January 24, 1834, when the State was divided into twelve cir- cuits, this county forming a part of the Twelfth, viz., Clark, Madison, Franklin, Delaware, Union, Logan, Hardin, and Champaign. In 1839, the Thirteenth Circuit was created, and in 1840 the Fourteenth and Fif- teenth, yet no change was made in the Twelfth. In 1845, the Sixteenth Circuit was created, and Hardin County was put into that circuit and Dela- ware into the Second. In 1848, the Seventeenth and Eighteenth Circuits were formed; in 1850, the Nineteenth, and in March, 1851, the Twentieth, none of which made any change in the Twelfth, it standing from 1845 to 1852, Clark, Madison, Franklin, Union, Logan and Champaign 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 consistsof five Judges, to be chosen by the electors of the State at large, whose official term is five years. Its sessions are held in

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HISTORY OF MADISON COUNTY.

Columbus, and its original jurisdiction is limited to quo warranto, man- damus, habeas corpus, procedendo, and such appellate jurisdiction as has been provided by law, extending ouly 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 criminal cases, and supersedeas in any case, and all other writs which may be necessary to enforce the dae administration of justice throughout the State. It has also power to review its own decisions.

COURT OF COMMON PLEAS.

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 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 becomes necessary. The State was divided into nine judicial districts. * The counties of Adams, Brown and Clermont formed the First Subdivision, Highland, Ross and Fayette the Sec- ond, and Pickaway, Franklin and Madison the Third Subdivision of the Fifth Judicial District. In April, 1858. the Tenth Judicial District was created, abolished in 1862, and again created June 7, 1879. On the 29th of March, 1875, a law was passed cutting the Third Subdivision in two, and thus creating an extra subdivision in the Fifth Judicial District ; but the net was subsequently declared unconstitutional by the Supreme Court, although the Judge elected under said act was allowed to serve his full term. In May, 1878, an act was passed re-distrieting the State into five judicial districts, but the same decision of the Supreme Court applied to this act, and it never took effect. 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 in all such cases, vet 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 jurisdic- tion 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, or that may be invested in courts inferior to the Com- mon Pleas. It also has jurisdiction in cases of divorce and alimony. Three terms of the Court of Common Pleas are usually held in each county annually.

DISTRICT COURTS.

These tribunals are composed of the Judges of the Court of Common Pleas of their respective distriets and one of the Supreme Judges, any three of whom is a quorum. For the purposes of the District Courts the nine judicial districts are divided into cirenits. 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 injunetions in certain cases. The district courts have power in certain cases to allow injunctions and to appoint receivers, also to review their own decisions.

4, 6, Bridgman

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HISTORY OF MADISON COUNTY.

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 acknowledginents 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 jurisdiction 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 con- servators of the peace and may issue warrants for the apprehension of any person accused of crime, and require the accused to enter into a recogniz- ance 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 magis- trate 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 MADISON COUNTY.

Pursuant to an act of the General Assembly, passed on the 16th of February, 1810, establishing the County of Madison, Isaac Miner, Samuel Baskerville and David Mitchell met at the house of Thomas Gwynne, on Deer Creek, the temporary seat of justice for said county, April 6, 1810, and produced their commissions from the Governor of Ohio, as Associate Judges of Madison County. The oath of office was administered to them by Jonathan Minshall, a Justice of the Peace of said county, whereupon the Judges proceeded to advertise the time and place for holding an election for the purpose of electing the following county officers, viz., Sheriff, Coro- ner, and three County Commissioners. Robert, Hume was elected by the Judges, Clerk, and Recorder pro tem. This completed the business for which the Court met.

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The history of Madison County, Ohio, Part 39

Author: Brown, Robert C; W.H. Beers & Co., pub Publication date: 1883 Publisher: Chicago, W.H. Beers & co. Number of Pages: 1180

Author: Brown, Robert C; W.H. Beers & Co., pub
Publication date: 1883
Publisher: Chicago, W.H. Beers & co.
Number of Pages: 1180