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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, AND

JUDICIAL DISTRICTS-DISTRICT COURTS-JUSTICES OF THE

PEACE-PIONEER COURTS OF HARDIN COUNTY

JURORS, TAVERN KEEPERS AND SCHOOL

EXAMINERS FROM 1833 TO 1835.

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 pear 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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era] 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 today.

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 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 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.

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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 that three Associate 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 common law and chancery jurisdiction with the Supreme Court, while both bad 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 all 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 reorganized.

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

362 - HISTORY OF HARDIN 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 divided into judicial circuits, which were increased and changed from time to time, as necessity and the growing population demanded. The territory comprising 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 organization 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 Thirteenth Circuit was created February 16, 1839, out of the following counties: 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 Williams 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 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

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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 warrants, 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 AND JUDICIAL DISTRICTS.

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, 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 Fulton, the second subdivision, and Wood, Seneca, Hancock, Wyandct 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 District was amended as follows: Logan, Union, Hardin and Shelby, constituted 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 redistricting 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 alimony. 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 receivers, also to review their own decisions.

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 subpcenas 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 HARDIN COUNTY.

Pursuant to an act of the General Assembly, passed January 10, 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 commissions bearing date January 28, 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 Governor 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

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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), September 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 recorded 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 summon 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 meeting 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 Havs, Jonathan Cessna, George H. Houser, Jacob H. Houser, George Elsey, Eri Strong, Samuel Stevenson, Samuel Hatfield, John Radclif, John Johnson. Sr., and Solomon Johnson. The foreman was Cyrus Dille, and Charles «. Scott was appointed Bailiff, Samuel Wilcox, Benjamin McIntire, Samuel Hatfield, Charles W. Stevenson, 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 Prosecuting Attorney, and was subsequently paid $25 for his services at said session. 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 Campbell, 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, without 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. Stevenson 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 Hens. William McCloud, Joseph Bowdle and James E. Hnoston: William Bayles, Prosecutor: Jacob Snoddy. Sheriff: Alexander Thomson. Clerk. The court house had not vet been erected. and court was held in the bar-room of John «'. Williams' tavern. which stood on the southwest corner of Detroit and Franklin streets, the site of L. W. Barns book store, now known as "Goodie's Block." The grand jurors impaneled at this term were Joseph Collins. John Johnson, Jr., William Kellough. Henry Heckathron, 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, Nathaniel A Hughey John Hawkins. Clement Rice. Alexander Templeton, Gardner 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 privilege 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 privilege 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 soatheast. 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 license 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 genial manners and liberal hospitality. which was exhibited in the truly backwoods 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 hold 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, Bellefontaine. -Mansfield and Findlay; speaks of Judge, Joseph R. Swan, presiding; Anthony Cosad. prosecutor; and William Furney. Sheriff. He winds up his article by referring to the second term of the Court of Common 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 rays: "The jail, at that tine, was a log cabin near Fort McArthur. Judge Swan adjourned court over one day. and ordered the Sheriff to impanel the jury, which, for the reasons above, was no easy task. Oil 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, via., 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

370 - HISTORY OF HARDIN COUNTY.

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. R-illiams' 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 Mahan, 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 wore Samuel Wagner, James Andrews, Moses Dudley, Daniel Trump, Peter C. McArthur, Jesse Holt, Robert llcCloud, George W. Newland. John H. Houser. Edward M. Bailey. 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 Beers 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 cost. This was the first case in the history of Hardin County that was tried before a jury; all other, 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 wooded pins driven into the log wall at convenient distances apart.

The first term of court that was field 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 Wheoler. The grand jury were Samuel Morgan, .John McArthur, John H. Houser, James Stevenson, Benjamin Widner, James Andrews, Cephus Dille (Foreman). William Cary. Samuel Kelly, Rowland T. Madison, Joshua Cope. Asa Davis, .John C. Dille, George Else- 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 MeQuown, Jonathan Williams, Abel Allen, James Hill, Reading Hinline. Richard S. Anderson, William Williamson, David Poe, hoses 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 tern was two years.

The next session was opened October 19, 1835. Hon. Joseph R. Swan, President; William McCloud, Joseph Bowdle and Portius Wheeler, Associates. The following panel of grand jurors was returned by the Sheriff, viz., Obed Taylor, Mathew Mahan Andrew Hemphill, David Poe, John C. Dille, John Ayres, George H. Houser, William Cary, John Ward, John Collins, Cyrus Dille (Foreman), Thomas Wilcox, James Ayers, Samuel Jelly and Jonathan Carter. There were no indictments found. and the jury was discharged. A few cases were disposed of by the court. others continued, and the term lasted but one day, no jury trial occurring at this session. The majority of the pioneer law cases were for selling liquor without license, larceny, assault and battery, and suits in probate or chancery.

We have now run through the first three years of the Court of Common Pleas, and though we have not seen fit to transmit to these pages a verbatim copy of the full proceedings of those earlier days, yet we there found con-

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vincing proof of the fact, that the pioneers were in the habit of taking the law into their own hands, and that muscular development played a leading part in their affairs. 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," for he immediately lost the respect of the whole settlement. Our only object in giving the lists of jurors for 1833-34-35 is to preserve in these pages the names of many worthy pioneers who have long since been lost sight of, or only remembered as a fading dream, some of whom were prominent in enforcing civil law and moulding the moral sentiments of the community in which they lived. Doubtless, each had a record worthy of preservation, and while a brief notice of some will be found elsewhere in this work, many there are of whom nothing can be gleaned but their names, to rescue them from the oblivion of coming ages.