380 - 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 THE PEACE
-PIONEER COURTS OF MADISON COUNTY.

As 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 decide whether the laws are observed or violated, and to declare and pronounce judgment according to law and the just deserts of the citizen. These determinations are called judicial. Upon the organization of the Northwest Territory, courts were established and laws promulgated for the proper government 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 each 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 increased, to not less than three nor more than seven in each 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 necessary cases.

Probate Courts were created by an act passed at Marietta August 30, 1788, establishing a Judge of Probate in each 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 probate 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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eral Quarter Sessions of the Peace, and were created in each county. These courts were domestic, possessing peculiar facilities for acquiring correct information of the condition of intestate estates within their jurisdiction, and much was intended to be confided to their discretion because their proceedings 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 remained until the adoption of the new constitution, when the office of Probate 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 jurisdiction 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 several 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, Eastern 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 Supreme 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 oases 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 adoption 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.

382 - .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 Associate Judges were chosen in a similar manner anal fur 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 common 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 exclusive 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 ail crimes, offenses. etc., the punishment whereof was not capital ; also original and concurrent _jurisdiction 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) providing for the election in every township of Justices of the Peace, the number to be determined by the Court of Common Pleas. The official term was three years, and many subsequent acts were passed defining and regulating the duties and powers of this court. Under the constitution of 1851, a competent number of Justices was authorized to be elected in each township, 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 evildoers 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 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 forming 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, Madison, Fayette, Highland, Clermont, Adams, Scioto, Gallia and Ross. On the 27th of February, 181G, 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, Clermont 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 another change occurred and the following counties composed the Sixth Circuit, viz., Madison, Fayette, Ross, Pickaway, Hocking, Fairfield and Franklin. In 1828, Union was again added to the Sixth and thus this circuit existed until January 24, 1834 when the State was divided into twelve circuits. 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 Fifteenth, yet no change was made in the Twelfth. In 1845, the Sixteenth Circuit was created, and Hardin County was put into that circuit and Delaware 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 judiciary, 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 State at large, whose official term is five years. Its sessions are held in

384 - HISTORY OF MADISON COUNTY.

Columbus, and its original jurisdiction is limited to quo warranto, mandamus, 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 criminal 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.

The new constitution provided for the division of the State into judicial 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 Second, 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 act 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-districting 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, 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, or that may be invested in courts inferior to the Common 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 districts 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 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 receivers, also to review their own decisions.

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JUSTICES OF THE PEACE.

The jurisdiction of Justices of the Peace in civil cases, with a few exceptions, 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 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 conservators of the peace and may issue warrants for the apprehension 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 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, Coroner, 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.

On the 17th of May, 1810, the Associate Judges opened court at the same place. Letters of administration were granted to Ziba Wingett, on the estate of Luther Wingett (deceased). Ziba Wingett executed a bond. together with Luther and Abijah Cary, as securities in the penalty of $700 ; the court thereupon appointed said Carys and Thomas Gwynne appraisers of said estate. This was the first probate business executed in Madison County.

The first regular session of the Court of Common Pleas was opened at the house of Thomas Gwynne, Monday, July 30, 1810; present, Hon. John Thompson, President, Isaac Miner, and Samuel Baskerville, Associates. The following Grand Jurors were impaneled, viz.: Elias Langham, foreman, Andrew Cypherd, Hugh Montgomery, Curtis Ballard, Charles Atchison, Paul Adler, Thomas Foster, Nicholas Moore, William Blaine, John McDon-

388 - HISTORY OF MADISON COUNTY.

ald, Nehemiah Gates, William Gibson, Andrew Shields, Philip Lewis. and John Arbuckle. The court then appointed Ralph Osborn as Prosecuting Attorney ; and Robert Hume as Clerk. for the constitutional term of seven years. On the following day, the court met, pursuant to adjournment, the President and three associates being present. Its first act was accepting and ordering to be recorded the will of John Blair (deceased), Samuel Blair, and Samuel McNutt, being the executors of the same. Elias Langham, having been appointed to examine applicants for the office of County Surveyor, recommended Patrick McLene, whom the court appointed to the position. The first indictment presented at this session was against George Blair, for assault and battery, who pleaded guilty, and was fined $1 and costs. Michael Dickey, John Graham, and Thomas Gwynne, were appointed appraisers of the estate of John Blair, deceased. Indictments were found against Philip Cryder, .John Graham, and Nathan Frakes, and the causes continued. Ralph Osborn was allowed $25 as compensation for his services as prosecuting attorney, and after some other business, unimportant in this connection, all cases on the docket were continued, and court adjourned until the November term.

As an item of history, we give a verbatim copy of the will of John Blair, for the reason that it was the first will recorded in Madison County:

In the name of God, amen, I John BLAIR, Sr., of the County of Madison. and State of Ohio, being frail in body, but sound in judgement and memory, do ordain this my last will and testament, and do hereby revoke all and every former will or testament made at any time prior to this ; and, first, I recommend my soul to Almighty God, who gave it to me. Secondly, I allow all my lawful debts to be paid, of which the following is a true list. according to the best of my memory, viz.: By book account to Nathan Gregg, $28 ; also, Ephraim Doolittle $45, by hook account; also, $10 per note to Lyne Starling: also. $6 per note to John Brickell ; also, a book account to Dr. John Ball, supposed to be twelve dollars. Thirdly, I do hereby will to each and all my children $2 in cash, apiece, with which I request them to buy each of themselves a bible with. Fourthly. I do hereby will and bequeath to my loving wife, Susannah, all that tract or parcel of land which I obtained from James McNutt, deceased, for service done to said McNutt, by myself, whilst he was living, together with all town lots which may be included in the bounds of the above mentioned tract of land ; also, I leave my loving wife all the late purchase of land that I made from James Galloway, Jr., to be disposed of as she thinks proper; also, all my personal property that I now have to her own proper use and behoof forever; and lastly, I do ordain my loving sons, Samuel Blair, and Samuel McNutt, executors of this, my last will and testament. In testimony whereof. I have hereunto set my hand and seal, this twenty-first day of July, one thousand eight hundred and ten.

J. BLAIR. [SEAL.]

MICHAEL DICKEY,

ANDREW SHIELDS, Witnesses present.

ROBERT SCOTT,

The next term of the Court of Common Pleas began November 19, 1810, with Hon. John Thompson, President, Samuel Baskerville and David Mitchell, Associates. The Grand Jurors were Jonathan Minshall, Foreman, David Groves, John Timmons, John Simpkins, Daniel Wright, John Shields, John Blair, Charles Atchison, Paul Alder, Calvin Cary, Jr., Frederick Sager, William Ware, Patrick McLene, John Turner and Elias Brock. The first case was against John Graham, for retailing spirituous liquors without license. He was found guilty in two cases, and fined $5 and costs in each case. The jury in the trial of Graham were David Bradley, Abraham Johnson, David Harris, Henry Roby, Jacob Johnson, Peter Paugh, William Jamison, William Chard, John Scott, John Beetley, John Wilson and Frederick Loyd, which is the first Petit Jury that appears on record.

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Philip Cryder was arranged at this session for assault and battery on John Sutherland, pleaded guilty, and was fined $6 and costs.

One of the most noted cases during this early period was the trial of Tobias Bright, for killing Nicholas Monhem, an Indian. The story goes that Bright, with one of his neighbors. both residents of Jefferson Township, went up Little Darby on a hunting expedition, and, toward evening, called at the camp of two Indians at the noted camping ground. near the "big mound," close to the junction of Spring Fork and Little Darby. After remaining a short time, they started for home, but when a few rods' distant, Bright wheeled around. and, without any provocation, shot one of the Indians dead. This treacherous act caused great indignation. both among the whites and Indians, and nearly led to more bloodshed, but during the summer of 1810, the excitement died away, through the prompt arrest of the murderer. In connection with this act, we find the following item on record, "Ordered, that Peter Paugh be allowed the sum of $3 for making one pair of handcuffs and fetters for the use of the county to put on Tobias Bright." On the second day of this session, the case came to trial, Bright pleading " not guilty." The jury were Jacob Johnson, Abram Johnson. David Bradley, Andrew Shields, Charles Ewing, William Ross, John Graham, John McNutt, Samuel Blair, James Barr, Isaac Williams and George Blair. It is not strange, considering the feeling against the Indians during tile pioneer days, that Bright was acquitted. During this session, John McNutt was fined $6 and costs for an assault anti battery on James Blair. For this and all future terms, it was ordered that Ralph Osborn be allowed $33 1/3 for his services, as Prosecuting Attorney during each term.

At the next term of the Common Pleas Court, held at the same place and beginning March 18, 1811, with Hon. John Thompson, President, Samuel Baskerville, David Mitchell and John Arbuckle, Associates, the following Grand Jurors were returned, viz., Philip Lewis, Foreman. Jacob Vandevender, Jonathan Minshall, William Frankabarger, William Jamison, John Phoebus, Enoch Thomas, Curtis Ballard, John Kelso, Daniel Taylor, Henry Shover, Michael Dickey, Abijah Cary, Charles Atchison and John Wilson. A number of indictments were found, the majority of which were for assault and battery. Nathan Frakes, John Murfin and Samuel McNutt were each fined $6 and costs for this latter offense.

A special session of the Associate Judges was held May 27, 1811, to try Usual Osborn. charged " with bantering one John Davis to fight a duel." Osborn pleaded " not guilty," and was acquitted.

On the 19th of August, 1811, the Court of Common Pleas began its next session. lion. John Thompson, President. Samuel Baskerville, David Mitchell and John Arbuckle, Associates. The Grand Jury were Joshua Ewing, Foreman, James Robinson, John Taylor, Jacob Vandevender, Peter Outright, Nathan Lowe. John Mozier, Reason Francis. Levi H. Post, John Cowan. William Ware, Samuel Tuagart, James Graham. Samuel Mitchell and Peter Paugh. The three latter jurors not appearing, the Sheriff was ordered by the court to summon a talisman at once ; thereupon Isaac Miner was returned. The first case tried at this session was the State vs. Samuel Flair, John McNutt and Samuel McNutt, for a riot or conspiracy " against Elias Langham. They were found guilty, and fined $25, $15 and $6 respectively, and bound over to keep the peace for one year. The names of the jury in this case

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were Jonathan Alder, Frederick Lloyd, John Johnston, Jacob Coon, John Beetley, Hezekiah Bayliss, Garrison Waddle, Thomas Mullin, John Clarnoe, Richard King, Jesse Indicott and Leonard Alkire. Another jury during the session was as follows : Nicholas Moore, Andrew Shields, John Wilson, David Foster, John Blair, John Ross, William Jamison, Thomas Foster, James Marks, Charles Dickinson and Richard King. The case they tried was Isaac Williams vs. John Graham, for assault and battery, the latter being found guilty and fined $10 and costs. Simon Shover and William Kirkley served on a jury in this session, taking the places of Richard King and Jesse Indicott, all the balance of the jurors being the same as the first chosen in the session.

The first term of the Court of Common Pleas held in London, the newly laid out county seat, was opened November 18, 1811, by the Hon. John Thompson, President, Samuel Baskerville, David Mitchell and John Arbuckle, Associates. The following were the Grand Jurors impaneled at this term: James Withrow, Foreman, Curtis Ballard. Richard Brock, James Pringle, Philip Cryder, Calvin Cary, Jr., John Kent, Daniel Brown, Peter Helphenstine, Samuel Timmons, John Shields, Charles Atchison and Philip Lewis. The Petit Jury were Thomas Pattison, Robert Soward, Nicholas Moore, Dennis Lane, Joseph Powell, Christonher Ladd, William Hume, James Criswell, James Barr, John Blair, David Bradley and John Kelso.

We have now ran through the two first years of the Court of Common Pleas, and the reader will notice that the majority of the cases tried were those in which muscular development took the leading part. The early settlers were in the habit of taking the law into their own hands. They were, as a rule, peaceable, yet ever ready to assert their personal prowess, or resent an insult, and woe betide the man who showed " the white feather." John Graham was considered " the best man " of his locality during the pioneer days of Madison County, and throughout these two first years of the county's career, we find his name figuring at every term of court in an assault and battery case, and in every instance he was found guilty as charged. Our object in giving the lists of jurors for 1810-11 is to transmit to these pages the names of many worthy pioneers who have long since been lost sight of, some of whom were prominent in enforcing civil law at that early day. Doubtless, each had a record worthy of preservation, and while the history of many will be found elsewhere in this work, some there are of which nothing can be gleaned but their names to rescue them from oblivion. We have, however, culled from the musty records of bygone days, "dinned by the dust of the years rolled away," names and events which we believe can properly be given a modest place in the pages of history.