(RETURN TO THE TITLE PAGE) 74 - HISTORY OF THE UPPER OHIO VALLEY CHAPTER V. BY ORLIN MEAD SANFORD, ESQ. THE COURTS, BENCH AND BAR OF JEFFERSON COUNTY - ORIGIN OF TERRITORIAL COURTS - TERRITORIAL COMMON PLEAS - FIRST JURY - COURT HOUSE SITE - COURT OF GENERAL QUARTER SESSIONS OF THE PEACE - INDICTMENT OF THE CARPENTERS FOR KILLING WHITE-EYES - TERRITORIAL PROBATE COURT COURT CIRCUITS AND DISTRICTS UNDER STATE LAWS - IMPRISONMENT FOR DEBT - THE WHIPPING POST - COMMON PLEAS JUDGES - SUPREME JUDGES - DISTRICT JUDGES - ABOLISHMENT OF THE DISTRICT COURT - PROBATE JUDGES - CIRCUIT JUDGES - PROSECUTING ATTORNEYS - COMMON PLEAS CLERKS - RESOLUTIONS OF THE BAR ASSOCIATION. TO ADEQUATELY write the annals of the courts, bench and bar of Jefferson county, Ohio, would be to chronicle the life and deeds of a generous proportion of the ablest men in the ranks of jurisprudence which the history of a remarkable state affords. It is not too much to say that there have been times when the men we are about to name were in the forefront of the affairs of the state and nation; times when the brains of the Jefferson county bench and bar ranked supreme throughout the state. Its members have occupied seats in the highest places of legislation and judicial h0nor the country afforded. They have nobly won forensic laurels, political honors, civil dignities, the triumphs of war, the victories of peace, the fame of statesmanship and the name of Christian. JEFFERSON COUNTY, OHIO - 75 Let us therefore thoughtfully trace the origin of the courts and circuits with which this county has been concerned, carefully collating incidents of their early history and proceedings, chronologically naming their judges, prosecuting attorneys and clerks, and then present the utterances of contemporaries to voice the estimate of their distinguished dead. Origin of Certain Territorial Courts.— By the laws of the governor and judges, under the ordinance of 1787, courts of general quarter sessions of the peace were to be held in each county four times a year, by from three to five justices, appointed and commisioned by the governor. [Ch. II., 1788, sections 1 and 2.] By the same authority, at section 10, it was provided that from three to five suitable persons were to be appointed and commissioned by the governor, under the seal of the territory, to hold and keep a court of record in each county at two fixed periods every year, to be styled the county c0urt of common pleas. Courts of probate were established by chapter III., of the same, and made to consist 0f one judge of probate appointed in each county, whose duty it was to take proof of last wills and testaments and grant letters testamentary and letters of administration, etc. The Territorial Common Pleas.—The first book of record of this court is styled "Common Pleas Journal A." It is kept with other records, in the county court house, at Steubenville. Upon its first page is the following entry: " Minutes and proceedings of the Court of Common Pleas for Jefferson County, in the Territory of the United States, northwest of the river Ohio, held at Steubenville, in pursuance of a proclamation by Winthrop Sargent, Esquire, acting as g0vernor of this Territory. November term, Anno Domini, 1797." According to our county records this is the first session of the first court which sat in Jeffers0n county. The record makes the clay " Tuesday," but fails to mention the day of the month, which, however, has been said to have been the second. " The following justices met and 0pened the court, viz.: Philip Cable, John Moody and George Humphrey, Esquires." The business of the first day, so far as it is recorded, consisted in the admission to practice, upon their own motion, and production of the necessary certificate, of John Rolfe, James Wallace and Solomon Sibly. The adjournment was until 8 o'clock the next day, Wednesday, at which time they adjourned until 3 o'clock P. M., " to sit again in the house of Jacob Repsher." At this place it was " Ordered, on motion of Mr. Sibly, that it be made a rule of the court that a private seal of the prothonotary be recognized as the seal of the court until a public seal can be procured." It was also " Ordered, on motion of Solomon Sibly, Esquire, that the attorneys marked on writs, in behalf of the plaintiffs, returnable to this term, shall be answerable for the costs of suit." On Thursday the court made the following disposition of its first outside business: " Ordered by the court that Absalom Martin, George Humphrey, Esquires, and Dunham Martin, be appointed as commissioners to make partiti0n of the said tract of land held in co-parcenary by Senas Kimberly, Lucy Ful- 76 - HISTORY OF THE UPPER OHIO VALLEY. ton and Phebe Maria Kimberly, at the mouth of Short -Creek, the affidavit required by law being first made by said Zenas Kimberly, in open court. On this day, also, which ended the three days' term, is made the following record of its first and only entitled action: "Benjamin Pegg and Arthur Parker, defendants, in an action of trespass on the case, brought against them by Benjamin Robins, on which process was served returnable to this court, being called by the sheriff and not answering were defaulted, subject to this condition, that if the- said Benjamin Pegg and Arthur Parker put in special bail within ten days the default would be void, otherwise a writ of enquiry of damages to issue. This order was made by special agreement of attorney." " Adjourned until next term. Attest, Bez'l Wells, Prothy." The First jury. On Wednesday, February 14, 1798, the second day of its second term, the court called its first jury. It was composed of the following citizens: " Philip Cahil, Shadrack Newark, Joseph Ross, Jr., Kins Cahil, Ruse Pritchit, John Shrimplin, William Schrichfield, William Shrimplin, Thomas Harper, Aaron Hogland, Robert Newell and Thomas Bendure." They immediately proceeded to the first trial of a jury case, which was that of John Jones, Jr., against James Hall. The chronicled result was, that " The said twelve men on their oath do find for the plaintiff, $14.06 damages." To this jury, also, was entrusted the previously mentioned case of Robins against Pegg and Parker. They found for the plaintiff, in the sum of $20.00 damages, which, with costs, the court adjudged he should recover. On the next day it was " Ordered by the court, on motion of Solomon Sibly, esquire, that on every motion made in court which shall not be ruled by the court in favor of the motion, the attorney or person who made the motion shall pay to the court 25 cents. The liquor interests early demanded the attention of this court. On Friday, February 16, 1798, the last day of this term, one John Kelly, a distiller, of whom it is recorded that he " appears to be an ignorant man and cannot read writing," presented a petition praying the court " to examine testimony and make a statement of facts thereon to the secretary of the United States, concerning a certain forfeiture incurred by the said John Kelly, under a statute of the United States entitled, " An act concerning the duties on spirits distilled within the United States." Whereupon the court proceeded in the presence of Zenas Kimberly, collector of revenue for the first division of the second survey of the district of Ohio, and the said John Kelly, to examine into the facts on which the prayer of the petition was founded. It seems Kelly removed his two distilleries from Ohio county, Virginia, in September, 1795, and in December, one of them was used for distilling eleven bushels of rice. They were not duly " entered," nor the duty settled. Kelly claimed he didn't know who to enter them with. Collector Kimberly on August 31, 1797, seized and brought the stills from the woods where it was supposed from the evidence they had been hidden. What report the court made to the secretary 0f the United States doesn't appear. JEFFERSON COUNTY, OHIO - 77 Acceptance of Court House Site.— At the August term, 1798, on Thursday the 16th, appears the following journal entry: "Bezaleel Wells having offered to the court for their acceptance, the lot or parcel of ground on which the court house is erected, lying at the northwest corner of Market and Third streets, in Steubenville, ordered by the court that the said lot or parcel of ground be accepted by the court for the use of Jefferson county to erect thereon a court house, goal, pillory and all necessary buildings for the use of the county. Whereupon the said Bezaleel Wells executed a deed in open court for the above mentioned parcel of ground to the justices of common pleas of Jefferson county in trust for the uses before mentioned. Ordered, that John Ward and John Moody, esquires, act as commissioners to contract for, and superintend, the repairing of the court house and goal and making the same fit for public use. And that the treasurer of Jefferson county pay to them the said John Ward and John Moody, esquires, or their order, the sum of forty dollars towards defraying the expenses of preparing said building for public use." On the last day of the August term, 1799, " Motion was made by James Wallace, esquire, for an order that Eddy Mayor (now in custody of the sheriff), be discharged therefrom on the ground that he was arrested out of the jurisdiction of the court, viz.: on the Ohio river. Motion overruled." The only record made of any business transacted by the February term, 1800, was the motion on February 11th, by Cunningham Sample, Esq., for the admission of Silas Paul to practice as an attorney at law. At the November term, 1800, on the 12th, it was " Ordered by the court that John Sutherland receive $1 out of the county treasury to pay for candlesticks and candles for the use of the court. ' At the May term, 1801, twenty rules of practice were adopted for the regulation of the court and spread upon " Journal A," at pages 37 to 40. These and other similar instances, as six general rules at the April term, 0318, at page 205 of that year's journal; the rules at the August term, 1824, page 220, " Journal E " (book 4) ; and in the same volume, covering twelve pages, the sixty standing rules of practice superceding all earlier rules passed at the March term (April 2), at page 293, etc., afford a convenient medium for a comparison between the practice of those early days and that of the present. At this term it is recorded that a " Motion was made by John Simonson, Esq., and seconded by James Kimberly and Cunningham S. Sample, esquires, that the name of James Wallace be struck off the records of this court and that he be not in the future considered as attorney nor permitted to practice as such in this court." The records about this time show that Wallace was connected with several rather questionable transactions. A moment's digression may be permissible here to illustrate an amusing instance of faithful recording. In the recorder's office, in " Record A," page 36, is a brief record of a marriage. Evidently Judge Cable wrote the recorder to make a record of the matter, and 78 - HISTORY OF THE UPPER OHIO VALLEY. it would seem as if the recorder treated the note in much the same spirit as the Irishman did the doctor's prescription. The record as made read as follows: " April 18, 1798. Then was John McConnel and Elizabeth Bell married and I would be glad if you record it. Philip Cable. Jefferson county, ss. Duly recorded the 8th day of May, 1798. Zenas Kimberly, recorder." Territorial Court of General Quarter Sessions of the Peace.—The territorial court of general quarter sessions of the peace, established as we have seen, was evidently not a court of record in the usual sense of the term but only to a very limited degree. Whatever records it may have had do not appear among the records at the county court house. Its powers in matters of criminal nature, among other things, was to " determine and sentence, according to the course of the common law, all crimes and misdemeanors, of whatever nature or kind, committed within their respective counties the punishment whereof doth not extend to life, limb, imprisonment for more than one year, or forfeiture of goods and chattels, or lands and tenements to the government of the territory." The justices, in or out of sessions, had power to summon persons to give evidence, to take recognizances, etc., which, in certain cases where not triable in quarter sessions, should be certified before the judges of a supreme court of record, styled the general court, to which, also, appeal was given in proper cases. Under a statute of May 1, 1798, it was made the power and the duty of justices to " examine into all homicides, murders, treasons and felonies done and committed in their respective counties," etc. These examining and committing powers were important prerogatives. In Howe 's Historical Collections of Ohio, under the head of Columbiana County, is an account of the killing of a noted Indian chief, known as Captain White-Eyes, by one Carpenter, a lad of about seventeen years of age, near West Point. It is there said to have been the last Indian blood shed by white men in that part of Ohio. As it was done in time of peace, William Carpenter, Jr., and William, his father, were apprehended and brought to Steubenville, where, on August 14, 1798, they were indicted for murder, at a court of general quarter sessions ,of the peace. Howe doesn't mention the indictment, but says that Carpenter was tried at Steubenville under the territorial laws, by a court of justices of the peace, and was cleared upon the grounds of acting in self-defense. It would seem as if Howe must be in error, for the quarter sessions with its justices couldn't have tried a murder case, as their jurisdiction stopped far short of that, the powers of that court being (as we have seen above), especially deemed as not extending to matters of life or to - imprisonment beyond one year. Neither could the common pleas have tried a murder case, as their power and jurisdiction was expressly limited to " causes of a civil nature." [August 23, 1788, ch. II., section 11.] The supreme or general court, however, was armed with full powers to hold pleas civil and criminal at such times and counties as they should deem most conducive to the general good, JEFFERSON COUNTY, OHIO - 74 and also to deliver the jails of persons committed for capital offenses. Jefferson county was organized in the Northwest territory, July 29, 1797, and the Carpenters were indicted about a year afterward. All things considered it would therefore seem that if the Carpenters case went to trial at all, they must have been tried by some of the general court judges sitting here as a court of oyer and terminer and general jail delivery. That was the course pursued by Judges Gilman and Meigs, who at the governor's request traveled from Marietta to Youngstown, and there held a court of oyer and terminer and general jail delivery, for the trial of certain persons charged with the murder of two Indians of the Six Nations, and for which a special act was passed providing for special compensation therefor. [Chapter 134, 3, 1800. J The preamble to chapter 135 of the laws of 1800, states, that the governor had called the atttention of both houses of the legislature to certain difficulties which had arisen in prosecuting and bringing to punishment persons charged with homicide committed on certain Indians within the territory, and that similar difficulties were likely to arise in the future unless a remedy be provided by law. The chapter then goes on to expressly provide for such courts of oyer and terminer to be held by two or more of the judges of the general court, in the county where the crime was committed, when any person or persons shall be charged on oath with homicide committed on an Indian or Indians. It also provides that " a venire facias shall issue from the general court or court of oyer and terminer and general jail delivery, to the sheriff or coroner, commanding him to summon forty-eight good and substantial freeholders of the county to appear as jurors, to try the issue in such case, and the attorney prosecuting for the United States may challenge all and every juror who shall not swear that he has a freehold 1n that county of 100 acres of land." The records of the Jefferson county common pleas court for the territorial period, do not make any mention of the Carpenter matter. In fact there seems to be no record of the matter here whatsoever. If it ever was tried by the general court it is probable that the record thereof would be in their records at Marietta. It will undoubtedly be a source of surprise to many to learn that the original indictment of the Carpenters is yet in existence. It is in the possession of Capt. W. A. Walden, Esq., formerly of Steubenville, and the Jefferson county bar, and now of Columbus. Through his courtesy I was enabled to make and here append an exact copy of what may undoubtedly be considered as the first indictment for murder found in this part of the state. The original style of capitals, punctuation, etc., is folowed throughout. The document is a remarkable historical curiosity, and as it is not on record here and liable to be destroyed or lost, it 1s fortunate that its text can be preserved and here perpetuated. Its antiquated forms of tautological legal phraseology are alone worth its production. There is an erased end0rsement upon the back of the indictment to which attention should be called. As to it there exists. a sort of legal legend that the smeared and blotted out endorsement 80 - HISTORY OF THE UPPER OHIO VALLEY. thereon of the jury's finding of " A True Bill," with the signature of the foreman, was thus cancelled by its being stricken out with blood. Whether the stain is that of blood or ink, may be considered as just doubtful enough to make it tragically interesting. This would seem to strengthen the view that the matter never reached trial but was "nollied," the finding being stricken out, the matter dropped, and no record made. Indictment of the Carpenters for the Murder of Captain White-Eyes. "Jefferson County, to Wit" " Territory of the United States " Northwest of the River Ohio "At a Court of General Quarter Sessions of the peace, at Steubenville in the said County of Jefferson on Tuesday the fourteenth day of august in the year of our Lord one thousand Seven hundred and ninety eight Before the Honorable David Vance Esquire and his associate justices of the peace in and for Jefferson County aforesaid. "The Jurors for the Body of the Said County upon their oath present that William Carpenter junior late of said County Labourer and William Carpenter, Senior late of said County Labourer not having the fear of God before their Eyes but being moved and Seduced by the instigation of the Devil on the twenty seventh day of May—in the year of our Lord one thousand seven hundred and ninety eight with force and arms at the Township of in the County aforesaid, feloniously, willfully, and of their malice aforethought did made an assault upon one George White-Eyes an Indian, Commonly Known by the Name of Captain White-Eyes in the peace of God and the United States aforesaid then and there being and that the same William Carpenter Junior a Certain Gun, of the Value of one Dollar then and there Charged and Loaded with Gun powder and Divers Leaden Shot or Bullets which Gun the Said William Carpenter Junior in both his hands then and there had and held to, against and upon the said George White-Eyes, then and there feloniously, willfully and of his malice aforethought did Shoot and Discharge and that the said William Carpenter Junior with the Leaden Shot or Bullets aforesaid out of the Gun aforesaid then and there by force of the Gun powder, Shot, Discharged and Sent forth as aforesaid, the aforesaid William Carpenter Junior, in and upon the Chin and under Jaw of him the said George White-Eyes, then and there with the Leaden shot or Bullets aforesaid, out of the Gun aforesaid, by the Said William Carpenter Junior so as aforesaid shot, Discharged and Sent forth, feloniously, willfully, and of his malice aforethought did Strike, penetrate and Wound, Going to the said George White-Eyes with the Leaden Shot or Bullets aforesaid so as aforesaid shot, Discharged and sent forth out of the Gun aforesaid by the said William Carpenter Junior in and upon the Chin and under Jaw of him the said George White- Eyes one Mortal wound of the depth of Eight Inches and of the Breadth of one Inch of Which said mortal Wound the said George White-Eyes then and there instantly died. And that the said William Carpenter senior then and there feloniously, Willfully, and of his JEFFERSON COUNTY, OHIO - 81 malice aforethought was present aiding, helping, abetting, Comforting, assisting and maintaining the said William Carpenter Junior the felony and murder aforesaid in manner and form aforesaid to do and Commit: and so the Jurors upon their oath aforesaid do Say, that the said William Carpenter Junior feloniously Willfully and of his malice aforethought and the said William Carpenter senior feloniously; willfully, and of his malice aforethought him the said George White-Eyes then and there in manner and form aforesaid did Kill and murder, against the peace and Dignity of the United States &c " " (Signed) — " JAMES WALLACE Atty for the United States in Jefferson County." The Territorial Probate Court.— This court, as we have seen, consisted of one judge of probate in each county. The records of the court show that Bezaleel Wells was its only probate judge from 1797, when Jefferson county was organized, until the constitution and state government was established by the convention, November 29, 1802, and the effecting of the general repeal of the laws of the governor and judges and the territorial legislature, followed by the organization of the state courts under the new system of state law, completed in 1803. The earliest and only existing record of this court is entitled: "A Record of Wills for Jefferson County, in the Territory of the United States, Northwest of the River Ohio." In it the only records made within the above mentioned territorial epoch, are copies of nine wills with their probate entries. They begin under the date of February 27, 1798, and end with December 22, 1802. The wills, in their chronological order, were those of John Cross, John Hooton, James Armstrong, William Carr, William Sharron, John McGuire, James Milligan, James Jackson and Nathaniel Samms. Nine wills admitted to probate in about five years was not calculated to crowd the calendar. From the ending of the territorial period to 1852, there were no probate judges, all probate business being done in the common pleas court. Court Circuits and Districts under the State Laws.— By the constitution of 1802, art. III., § 3, the state was divided into three circuits, and by the laws of April 15, 1803, " The counties of Washington, Belmont, Jefferson, Columbiana and Trumbull shall comprise the third circuit." By an act of January 24, 1834, for purposes of holding courts 0f common pleas, the state was divided into twelve circuits, of which the fifth circuit was composed of Harrison, Carroll, Tuscarawas, Stark, Columbiana and Jefferson. By an act of February 11, 1840, it was provided that the counties 0f Jefferson, Harrison, Belmont, Monroe and Guernsey, should compose the fifteenth judicial circuit. By the Cincinnati constitution of 1851, art. IV., § 3, the state was divided into nine common pleas districts, and by art. XI., § 12, of the 82 - HISTORY OF THE UPPER OHIO VALLEY. same, it was provided that: "The counties of Muskingum and Morgan shall constitute the first subdivision; Guernsey, Belmont and Monroe the second; and Jefferson, Harrison and Tuscarawas, the third subdivision of the eighth district; and together, shall form such district." By an act of February 19, 1852, it was provided that for the purposes of district courts, the nine common pleas districts are apportioned into five judicial circuits, of which " The eighth and ninth districts, composed Of the counties of Muskingum, Morgan, Guernsey, Belmont, Monroe, Jefferson, Harrison, Tuscarawas, Stark, Carroll, Columbiana, Trumbull, Portage, Washington, Geauga, Lake and Ashtabula, to which is hereby added the county of Noble, shall constitute the fourth circuit." On October 9, 1883, art. IV., § 6, of the constitution, was amended so that the circuit court should be the successor of the district courts. By an act of April 14, 1884, to take effect June 1, 1884, providing for the organization of circuit courts, and adapting existing legislation thereto, the state was divided into seven judicial circuits, of which " The counties of Lake, Ashtabula, Geauga, Trumbull, Portage, Mahoning, Columbiana, Carroll, Jefferson, Harrison, Guernsey, Belmont and Noble, shall constitute the seventh circuit." By the act of March 21, 1887, the state is divided into eight circuits, of which, however, Jefferson is still in the seventh. Court of Common Pleas under State Laws.— On May 10, 1803, " Pursuant to an act of the legislature of this state for regulating the election of justices of the peace, and for other purposes, James Pritchard, Philip Cable and Jacob Martin, Esquires, associate judges of the court of common pleas, in and for the county of Jefferson, met at the court house, in Steubenville, and proceeded to lay out the said county into townships by boundaries," etc. They divided it into five townships, viz.: Warren, Short Creek;) Archer, Steubenville and Knox. To-day there are fourteen. On the same day " the judges chose John Ward, the late prothonotary, clerk pro tern. for the court of common pleas, in and for said county of Jefferson, and the oath of office was administered and taken. The first regular session or term of the court of common pleas in and for the county of Jefferson, and state of Ohio, under the first constitution, was held at Steubenville, August 2, 1803. The court consisted of the Honorable Calvin Pease, Esquire, president, and Philip Cable and Jacob Martin, his associate judges. On the next day James Pritchard also appeared and took his seat as an associate judge. On August 4 they appointed Alexander Holmes, county surveyor; John Galbraith, county recorder, and Samuel Hunter, county treasurer. It was also " Ordered by the court that the sheriff summon four constables to attend at every court during the term, and that he provide four staves for the use of the constables when attending on the c0urt, the staves to be seven feet long, painted red with white tops.',' On August 8, 1803, " Ordered that Joseph Lewis receive out of the county treasury, three dollars for his services in keeping the publick JEFFERSON COUNTY, OHIO - 83 pound up to this date. Also seventy-five cents for a pad lock provided for said pound." On the 8th, these associate judges met at the court house for the purpose of transacting county business, granting tavern licenses to various persons in different townships and directing the payment of several bills. On December 8, 1803, " John England, William Chambers, Abraham Cuppy, John Pallock, recognized each in the sum of one hundred dollars, to appear at the next term, to give evidence in behalf of the state of Ohio, against William How, a negro man.". On the same date, " she Reverened James Snodgrass produced to the court credentials of his being a regular ordained minister of the gospel in the Presbyterian church and as such placed over the congregations of Steubenville and Island Creek, and requests the court would grant him a license to solemnize marriages. The court do therefore give him, the said James Snodgrass, full power and authority to solemnize marriages so long as he shall continue a regular minister in said congregations. On April 3, 1804, Rev. Lyman Potter, of the Presbyterian church; Rev. Enoch Martin, of the Baptist church; Rev. Elias Crane and Rev. Jacob Colbart, of the Methodist church; Rev. Alexander Colderhead, of the Associate Reformed church, applied and received similar licenses. On April 7, 1804, six freeholders who had been previously appointed to examine into the condition of one Thomas Wright, said to be affected of lunacy, certified to the court that " the said Thomas Wright is a lunatick (spelled with a k), or person of unsound mind and incapable of taking proper care of himself or family." The court thereupon appointed two guardians for him. At this time it appears that the court charged $10 for a tavern license in Steubenville, and $6 when in other townships. On December 6, 1804, " On motion, ordered by the court that the sheriff provide a crier to attend regularly on the court, and that the said crier be paid $1 for each day's attendance out of the county treasury." On April 2, 1805, Timothy Hart, who had been imprisoned for debt and who complained that he hadn't money enough to support himself in prison, etc., was allowed to come before the court and take advantage of the privileges allowed by an " act providing for the relief of poor persons imprisoned for debt," and taking the oath therein provided, he was examined and thereafter a certificate was issued to the keeper of the jail as his authority to discharge the said Timothy from further confinement." In still later years, Judge Johnson, now of Cincinnati, but then of Jefferson county bar, being born and raised on Yellow creek, and having occasion to administer the oath to Bezaleel Wells, under the old insolvent law and in prison for debt, became so incensed thereby that he determined to get into the legislature and secure its repeal. This he afterward accomplished. On August 7, 1805, Edward Graham, who had been indicted at a previous term for selling spirituous liquors without a license, was, on 84 - HISTORY OF THE UPPER OHIO VALLEY. motion of Obadiah Jennings, esquire (who afterward became a minister), and by agreement of the prosecutor, discharged on paying into the county treasury the price of a tavern license, to-wit, $6, and the costs of the prosecution. On August 9, 1805, " the court appoint Nathan McGrew to the 0ffice of inspector of provisions in the county of Jefferson." On August 12, 1805, is the first record of applications to the associate judges for licenses to sell merchandise in the town of Steubenville, which were granted at $10.00 each. Licenses on this day were also granted, on payment of $4.00 each, to James Ross, Bezaleel Wells, and Philip Cable, to keep and continue various ferries across the Ohio. On December 3, 1805, is apparently the first record of the final hearing of the petition of an insolvent debtor, who " came into court and made oath on the Holy Evangelist of Almighty God that the facts stated in said petition and schedules exhibited are true," etc. The court ordered that said John Wolf convey and assign to certain trustees, all his lands and tenements, goods, chattels, rights and credits, excepting his wearing apparel, bed and bedding and rifle gun. In " Journal A," at page 152, March 7, 1808, is a list of the grand and petit jurors in the different townships of Jefferson county. The record of what is apparently the first slander case occurs on December 9, 1808, and was entitled, David Peck against Frances Dorsey, and was decided in favor of the defendant. Another case with similar results appeared at the August term, 1809, and another, brought by the same plaintiff, resulted in 6 cents damages and costs, but afterward with $5.69 costs the other way. On April 4, 1810, William Simkins was indicted for retailing spirituous liquors without license. He plead guilty and was fined $1.50 and costs; another received $2.00 and costs, and one on April 5, $1.00 and costs. On April 4, 1810, it was recorded that " Calvin Peas, esquire, produced a certificate from the supreme court of his having been admitted and qualified to practice as an attorney and counselor at law in the several courts of record of this state. It is ordered that his admission be entered on the record of this court." On April 5, " A petition was presented to the court that the county inspector's brand be altered or changed from Jefferson, Ohi0, to Steubenville. The court grant the object of the said petition and direct that a branding iron with the word Steubenville be procured at the expense of the county for the use of the inspector." On December 5, 1810, the court ruled " That no segars be smoked in the house during the sitting of the court." On August 10, 1810, on motion of Calvin Pease, Esq., John C. Wright was admitted to practice as an attorney and counselor at law. At the August term, on August 7, 1810, "on motion of Benjamin Taffen that the sheriff furnish the bar with seats. The court order that the sheriff find the same." That Steubenville has long been known as the center of the nail industry is well known, but it will nevertheless surprise some to learn JEFFERSON COUNTY, OHIO - 85 that machines were used here in 1808 for cutting nails, and in a suit that year were made the subject of larceny. The matter came before a special term of the common pleas, August 20, 1808, in an action entitled, " The state of Ohio against Joshua Kelly. Kelly was " committed by Robert McCleary, justice of Warren township, for stealing a part of a machine for cutting nails." He was brought into court, where, upon the evidence and after an examination the commitment was adjudged " illegal and highly improper," and it was ordered that he be discharged and go without day. Punishment by Whipping. Post.—The records of that which is thought to be last case of punishment at the whipping post in Jefferson county, is found in common pleas " Journal A," page 292. The trial was had and sentence rendered by the common pleas court at Steubenville, August 11, 180. The court was composed of Hon. Benjamin Ruggles, president, and Thomas Patton, Andrew Anderson and Joseph McKee, associate judges. The defendant was one Charles Johnson. The indictment was for larceny. The jury, composed of John Adams, Archibald Cole, John Callins, Moreen Duval, William Winters, Jesse Thomas, Adam Snider, James Pritchard, Robert Croskrary, Sr., Henry Crabbs, George Carpenter and William Abrahams. They found that he was not guilty of stealing, but that " the said Charles is guilty of receiving stolen goods, and assess the damages for the goods so received at four dollars." The court passed the following sentence, viz.: "That he be taken to the whipping post, and there whipped nine stripes on his naked back, that he pay four dollars damage to Bezaleel Wells, that he pay a fine of ten dollars and costs of prosecution, be confined in jail nine days and stand committed until judgment be complied with." The severity of this sentence seems in striking contrast with the apparent leniency displayed in some of the liquor cases already cited. At a special term of the common pleas, October 29, 1810, at the request of Thomas Vogt, one Thomas Elliott, Esq., an alien resident in Jefferson county, the following oath was administered, viz., that he "support the constitution of the United States, and that he do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty whatever, and particularly George the third, King of the United Kingdom of Great Britain and Ireland. The court order the same to be certified under the seal of this court, to him the said Thomas at his further request." On December 21, 1818, one Isaac Hull, an insolvent debtor, having on September 9, petitioned for relief under the act of February 2, 1805, and it appearing that he had assigned everything to James Hull "except the wearing apparel of the said insolvent and his wife, consisting of 2 coats, 4 waist coats, 3 pantaloons, 4 shirts, 5 handkerchiefs, 2 pair stockings, 1 pair boots and r hat, 6 gowns, 3 petty coats, 2 pair shoes, 4 pair stockings, 4 shirts, 2 shawls, 4 wearing handkerchiefs, 3 pocket handkerchiefs, 1 straw hat, 1 fur hat, r pair gloves, 11 great coat, 11 old short gown,"—he was discharged of his debts according to the law provided. 86 - HISTORY OF THE UPPER OHIO VALLEY. Common Pleas Judges.- The following enumeration of the Jefferson county common pleas judges, whose names appear in the records as sitting upon the bench at the county seat, was made from a personal and laborious examination of thirty folio volumes of records, term by term, and often of the proceedings day by day, from 1797 up to the present time. While some names may possibly .have been overlooked, yet as it is believed that nothing of the kind has ever been done in this county before, such a list is of considerable historical value. The dates which are given with the names are either of the first record found of their appearance upon the bench here, of the presentation of their commission, or of the date thereof. They will be named in their chronological order and the length and menti0n of their terms specified when possible. Of the Jefferson county territorial common pleas judges, there were: Philip Cable, John Moody and George Humphrey, who together constituted and opened the first court, November term, 1797. David Vance appeared February 13, 1798; Thomas Fawcette, August, 1799; William Wells, August 12, 1800; Jacob Martin, November 12, 1800; John Milligan, November 10, 1800. The common pleas judges, under the state government, were as follows: James Pritchard, Philip Cable and Jacob Martin, associate judges, May 0, 1803; Calvin Pease, August 2, 1803, when twenty-six years old, as president judge, which office he held until the close of the December term of 1809; Thomas Patton, December, 1804; Benjamin Ruggles, president for the third circuit, April 3, 1810; Andrew Anderson and Joseph McKee, April 6, 1810; Thomas Campbell, December 14, 1811; John Milligan, August 10, 1813; James Moores, April 5, 1814; Robert Gilmore, October 25, 1814; Samuel McElray, March 13, 1815; George Tod, president, July 25, 1815; Benjamin Tappan, president, June 25, 1816. It may be noted that this year the court sat on Christmas day. Thomas George, March 25, 1822; Jeremiah H. Hal- lock, president, April 28, 1823, for a term, by his commission, of seven years from February 24, 1823; James Wilson, April 26, 1824, producing his commission on the 30th, which was for a term of seven years from February 24, 1824; Andrew Anderson, again, May I, 1824, producing his commission for a term of seven years from April 6th; Andrew Anderson, again, and John Humphrey, May 2, r831, produced their commissions, each for seven year terms from February 26th; Humphrey had previously presided at a special term held at Steubenville, March 23, 1831; James Wilson, again, November 21, 1831, produced his commission, dated October 29th, by which it appeared that he was commissioned by the governor until the end of the next session of the legislature, and that he was sworn in on November 2d. On April 30, 1832, he produced a commission dated February 0, 1832, by which he was made an associate judge for seven years from February 8th. At a special term, May 6, 1833, John England produced his commission, dated February 22nd, as an ass0ciate judge, f0r seven years, and the oath was administered to him May 6th by the Hon. Jeremiah H. Hallock. At a special term, April 5, 1836, John S. Cock pre- JEFFERSON COUNTY, OHIO - 87 sented his commission as associate judge for seven years, from March 14th, and was sworn in by Alexander Sutherland, Esq., a justice of the peace, on April 5th; George W. Belden, March 13, 1837, as president. At a special court, February 7, 1838, Nathaniel Dike, as associate judge. At a special court, March 30, 1839, Samuel McNary produced his commission as associate judge for seven years from March 11th, and was duly sworn in by John Leetch, a justice of the peace, on March 28, 1839; William Kennon, as president, May 16, 1840; William Sutherland, November 19, 1842, produced his commission as associate judge, dated Columbus, November 12, 1842, by which the governor commissioned him as such until the rising of the next general assembly, and he was sworn in by one of the judges on the 18th. At a special court March 20, 1843, William McDonald presented his commission from the governor as associate judge, for seven years from March 13, 1843. At the same time John S. Cock again presented his commission from the governor, dated Columbus, December 31, 1842, as associate judge from. March 14, 1843; Janes Mitchell, August 20, 1844, presented his commission, dated Columbus, April 30th, from the governor, as associate judge until the rising of the next general assembly; Doctor. John T. Leslie, May 5, 1845, presented his commission, dated Columbus, February 24, 1845, from which it appeared that he was duly elected and commissioned as an associate judge from and after the rising of the general assembly, for a seven- year term, and that he was duly sworn in April 1, 1845. At a special court, April 14, 1846, John Cook presented his commission, dated at Columbus, as associate judge for seven years, and it appears that he was sworn into office March 16, 1846. Benjamin S. Cowen, May 4, 1847, presented the commission of his election as president judge of the fifteenth judicial circuit of Ohio, dated at Columbus, January 7, 1847, for a term of seven years. At a special court, March 14, 1850, Samuel D. Hunter produced his commission, dated Columbus, March 11, 1850, by which the governor commissioned him as an associate judge for a term of seven years from March 13, 1850, on which date he was sworn in office by John T. Leslie, Esq. At a special criminal court of the court of common pleas, March 16, 1852, appeared Thomas L. Jewett, and presented his commission, dated Columbus, January 16, 1852, as judge of the court of common pleas of the eighth judicial district, third subdivision, composed of the counties of Jefferson, Harrison and Tuscarawas. It recited, per Reuben Wood, governor, Jewett's having been duly elected to such office, and therefore he, the governor, commissioned him, as aforesaid, to duties and privileges, for five years from February 2, 1852. The judge appeared before Joseph M. Mason, mayor of Steubenville, February 19, 1852, and took his oath of office. Robert J. Alexander, June 22, 1852, solely presiding. On the morning of November 28, 1852, Thanksgiving day, Thomas L. Jewett, presiding judge, adjourned the court over until the next morning. Thomas Means, October 11, 1854, presented his commission, dated Columbus, October 3, 1854, from Governor William Medill, as judge, vice Thomas L. Jewett, re- 88 - HISTORY OF THE UPPER OHIO VALLEY. signed, until a successor should be elected and qualified. He was duly sworn into office before James McKinney, a justice of the peace. Samuel W. Bostwick, November 20, 1855, presented his commission dated Columbus, October 23, 1855, by which Governor Medill commissioned him as judge for the unexpired term ending the second Monday of February, 1857. The oath was taken on October 6th. On February 24, 1857, Samuel W. Bostwick presented his commission .for a regular term. At an adjourned term, July 28, 1857, John W. Okey. At Chambers, October 14, 1857, Lucius P. Marsh. George W. Mcllvaine, March 11 1862, presented his commission. Daniel D. T. Cowan, November 13, 1865. William Kennon, Jr., November 12, 1866. Moses M. Granger, March 4, 1867. John H. Miller, March 13, 1871, being appointed by Governor Rutherford B. Hayes to supply the vacancy caused by the election of Judge McIlvaine to the supreme court, and Judge Miller held under this appointment one year. He was then elected, in November, 1871, for a term of five years which expired February 9, 1877. Frederick W. Wood, September 30, 1871. William H. Frazier,June, 1873. On June 8, 1874, opened the first term in the new court house. On February 12, 1877, James Patrick, Jr., presented his commission as judge, which was sworn and subscribed to on November 2, 1876. On February 28, 1882, Joseph C. Hance appeared on the bench. He was elected in the fall of 1881, served one term and was re-elected for, and is now serving upon, his second term. At the February term, 1882, John S. Pearce. There are some additional common pleas judges mentioned, whose names appear upon the list of the district court bench. List of the. Supreme Court Judges.-- The following is a list of the supreme court judges who have occupied our bench, as revealed by the records of the court here. In supreme court " Record A," the first entry concerning the first sitting of this court here, is, that " Pr0ceedings of the supreme court held at Steubenville, within and for the county of Jefferson, on the third Tuesday of June, Anno Domini, 1803, before the Honorable Samuel Huntington and William Sprigg, esquires, judges of the same." Daniel Symms and George Tod appeared upon the bench August 25, 1805. Jonathan Meiggs, Jr., September 23, 1808. Thomas Morris, September 25, 1809, when his commission was read. in open court, when, also, Thomas Scott signs as chief judge. William P. Irvin and Ethan A. Brawn, June 8, 1811. Peter Hitchcock and Calvin Pease as chief judge, October, 1825. Joshua Collett, October term, 1829.' Peter Hitchcock as chief judge, and Elijah Haynard, May term, 1830. Ebenezer Lane and John C. Wright, October term, 1831. Reuben Wood, October term, 1833. Frederick Grimke, October term, 1836. Matthew Birchard, March term, 1843. Nathaniel C. Read, February term, 1844. Edward Avery, April term, 1848. William B. Caldwell, October term, 1849. Rufus P. Spaulding, October term, 1850. Rufus P. Ranney, October term, 1851. List of District Court Judges.—By the constitution of 1851, Art. IV., §5, it is provided that the district courts shall be composed of the judges of the court of comm0n pleas of the respective districts, and JEFFERSON COUNTY, OHIO - 89 one of the judges of the supreme court, and shall be held in each county once a year. The following is a list of those who have acted in that capacity in this county. The opening entry of the court is made in its " Journal I," Wednesday, August 11, 1852, and is, that " This being the day fixed by law for holding the district court of the state of Ohio, within and for the county of Jefferson." At the opening August 11, 1852, and likewise at the August term of 1853, there were present Rufus P. Ranney, supreme court judge, and of common pleas judges, Thomas L. Jewett, Robert J. Alexander and Richard Stilwell. On August 10, 1854, appeared William B. Caldwell, supreme court. August 10, 1855, William Kennon, of supreme court, and Thomas Means and Charles C. Conyers of the common pleas. August 11, 1856, Ozias Bowen of the supreme and Samuel W. Bostwick and C. W. Searle of the common pleas. July 28, 1857, Thomas W. Bartley, chief justice of the supreme court, and John W. Okey and Lucius P. Marsh, of the common pleas. June 2, 1859, Josiah Scott, of the supreme court. May 8, 1860, Milton Sutcliff of the supreme court. August 27, 1861, Jacob Brinkerhoff, of the supreme court. September 17, 1862, William V. Peck, of the supreme court, and George W. Mcllvaine, of the common pleas. September 18, 1863„ Ezra Evans, of the common pleas. September 22, 1865, D. D. T. Cowen, of the common pleas. September 20, 1866, John Welch, of the supreme court, and William Kennon, Jr., of the common pleas. September 24, 1867, William White, of the supreme court, and Moses M. Granger of the common pleas. September 29, 1868, John S. Way, of the comm0n pleas. September 29, 1869, Frederick W. Wood of the common pleas, no supreme court judge on the bench this term. September 27, 1871, John H. Miller, of the common pleas. William H. Frazier and Robert E. Chambers, of the common pleas, in September, 1872, with no supreme court judge on the bench with the common pleas judges, which was the case at the September terms of 1874 and 1875. James Patrick, Jr., of the common pleas, April 3, 1877. William H. Ball, of the common pleas, April 6, 1880. On April 11 , 1882, St. Clair Kelley and Joseph C. Hance, of the common pleas. April 9, 1883, John S. Pearce. In the district court " Journal A," at page 85, are recorded some " Resolutions of respect to the retiring district court," passed by the Jefferson county bar. " Whereas, The district court has been in existence under the constitution of 1851 for over the period 0f thirty years, and believing that during the time said court has existed the eighth judicial district has been placed in the hands and under the control of judges endowed with superior legal ability, honesty and strict integrity, who have discharged the duties of the office of judges of said court impartially and with honest convictions of their views of the law applicable to the cases coming before them for decision; And whereas, many of the judges have from time to time passed from this earthly court, who were honored and respected by the members of the Jefferson county bar; And whereas, the district court is closing its last 90 - HISTORY OF THE UPPER OHIO VALLEY. session in this county under the constitution, and we the members of the Jefferson county bar entertaining a high opinion of the members composing the retiring court of this district and appreciating the many acts of kindness received from the court, but more especially appreciating the honesty and fairness with which it has impartially discharged its duty, deem it proper that we leave on record some evidence of our respect for the court. " Therefore be it resolved, That the judges of the eighth judicial district have by their gentlemanly deportment, kindness to the members of this bar, and fair, able and impartial manner in which they have discharged their official duties, won the esteem 0f the members of this bar, and in retiring from the district court of this county, they have the assurance that they carry with them the good will and respect of the members of the Jefferson county bar. " Be it further resolved, That the clerk of this court be requested to spread these resolutions upon the journal of the court. " Thereupon the court adjourned without day. " JOHN S. PEARCE, " Presiding Judge." List of Probate Court Judges. For the following list of the probate court judges of Jefferson county, Ohio, since the organization of probate courts under the state constitution, the readers are indebted to the courtesy of the present probate judge, John A. Mansfield.