MADISON COUNTY, OHIO - 375 This was truly a pitiable condition, to see our fellow-creatures prostrated by disease, suffering from. the dire effects of an epidemic, and yet powerless in rendering material aid to their pleadings for help. But such were the fads, and such were the sufferings experienced by the early settlers who located on the rich prairies of Madison county." EPIDEMIC AT AMITY. In 1849, soon after the removal of the mill-dam, by order of the court, Asiatic cholera broke out in all its virulence and horrors in Amity, sweeping away many of its inhabitants in the space of a few days, striking terror to the entire populace of Amity and vicinity. Among the prominent. and promising that were ruthlessly torn away was Dr. Burr Carpenter, a very able and learned young physician, who was actively engaged among the cholera patients in rendering all the aid that science could command. Again, a few years later, that place was visited with smallpox, which carried its loathsome terrors and death to its inhabitants. MADISON COUNTY MEDICAL ASSOCIATION. An attempt, was made to organize .a. county medical society on September, 1857 or 1858. The meeting was called by, publication, and a few physicians responded. Dr. William Morrow Beach was selected as president and Dr. A. H. Underwood as secretary, but nothing further was done, at this initial meeting. On motion of Dr. Toland Jones the appointment of committees. was deferred until the next meeting. There was an unusual amount of sickness during the next month, and when the meeting-day came around there was not a quorum, present for transacting business, and so this, the first attempt to establish ,a society in the county, became a failure. On the 31st of May, 1875, in accordance with a .movement inaugurated by the physicians of Plain City, there was a meeting held at .Jefferson, Ohio. There were present at that meeting Drs. Salathiel Ewing and M. J. Jenkins, of Plain City; J. N. Beach, H.. S. Quinn and Charles Snyder, Jefferson; J. S. Howland, New California, Union county; W. H. Jewitt, Amity; Richard Woodruff, Alton, Franklin county; Toland Jones, H. J. Sharp and James B. Sprague, London, and Doctor Davis, of Georgesville. Richard Woodruff, of Alton, was chosen chairman pro tem.; Doctors Ewing, Beach and Howland were appointed a committee to draft a constitution and by-laws, which committee reported before the close of the meeting, and their report was adopted'. Salathiel Ewing was chosen president and M. J. Jenkins, secretary. The officers of the association were to be elected twice a year. At the meeting in December, J. N. Beach was chosen president. In June, 1879, Toland Jones, of London ; in January, 1880, E. B. Pratt, of Mt. Sterling, and 'A. J. Strain to succeed M. J. Jenkins as secretary. In June, 1880, William Morrow Beach, of London- was elected president; in January, 1881; H. J. -Sharp, of London; in June, 1881, Richard Woodruff, of Alton; in December, 1881, J. P. Kirkpatrick, of Midway. The meetings were usually held at London. This society was composed of the physicians of Madison and Franklin counties. The. later history of this, the first. medical society. cannot be given. in full, owing to the fact that the records since 1881 have not been preserved. This association continued in active service until about 1895. when it ceased to exist through lack of support and interest. MADISON COUNTY MEDICAL SOCIETY. The present Madison County Medical Society was organized July 31, 1903. Acting on the suggestion of Dr. Charles W. Hamilton, president of the Ohio Medical Society, Doctor Christopher and Doctor Strain sent a written request to every physician in the county to meet on, the above stated date in the educational room of the court house, for the purpose of organizing a county medical society. In response to this request the following physicians were present: 'M. J. Jenkins, H. S. Quinn, M. B. Wilson; A. F. Green, 376 - MADISON COUNTY, OHIO. W. P. Kyle, M. C. Sprague, R. H. Trimble, Andrews Rogers, A. J. Welch, A. S. Beckwith, J. 0. Johnston, W. C. Barr, J. L. Cannon, William Francis, Willis G. Lewis, H. J. Stevens, C. B. Meade, W. H. Christopher and A. J. Strain. Doctor Rankin, of Columbus, district counsellor, was present to assist in the organization of the society. Dr. H. S. Quinn. was chosen temporary chairman, with A. J. Strain, secretary. The object of the meeting being stated, remarks were asked for, and each gentleman present responded, favoring immediate organization. A motion to that effect carried unanimously. A permanent organization was effected by choosing H. . Quinn, president, and A. J. Strain, secretary and treasurer. H. B. Christopher was made first vice-president and A. J. Welch, second vice-president. Doctor Rankin had with him a paper on cholera infantum, which he read by unanimous request of the society. The paper was timely and exceedingly well received, and a very interesting discussion followed. Dues were fixed at two dollars, one-half of which was to go to the treasurer of the state .society. All physicians named above paid dues and were the charter members of the society. It was decided to hold meetings on the last Friday of each month at 2 P. M. This was the beginning of the Madison County Medical Society. At the following meeting, August 28, 1903, the constitution and by-laws for the society were adopted. This society is open to all registered physicians practicing non-sectarian medicine in Madison county. The purpose of the society shall be to federate and to bring into one compact organization the entire medical profession of Madison county, and to unite with similar societies in other counties to form the Ohio State Medical Association, with a view to the extension of the medical knowledge and to the advancement of medical science; to the elevation of the standard of medical education; and to the enactment and enforcement of just medical laws; to the promotion of friendly intercourse among physicians, and to the guarding and fostering of their material interests, and to the enlightenment and direction of public opinion in regard to the great problems of state medicine; so that the profession shall become more capable and honorable within itself, and more useful to the public in the prevention and cure of diseases, and in prolonging and adding to the comfort of life. The officers of the society shall be a president, two vice-presidents, a secretary, a treasurer and three censors. The duty of the censors shall be to consider all questions involving the rights and standing of members, whether in relation to other members or the society. All questions of an ethical nature brought before the society shall be referred to the censors without any discussion. They shall hear and decide all questions of discipline affecting the conduct of members, subject to the final decision of the board of censors of the Ohio Medical Society. This society has continued as an active organization to the present time. There has been much good accomplished, both socially and along the advancement of medical ideas; also in the way of the entertainment of visiting physicians. The membership of the society at present consists of the following physicians: W. F. Smeltzer, T. W. Parker, H. P. Spilling. C. E. Gain. F. L. Wilson, W. P. Kyle. F. E. Rosenagle and A. J. Strain. The officers for the present year (1915) are H P. Spilling, president, and W. P. Kyle, secretary and treasurer. PHYSICIANS OF MADISON COUNTY. London—M. Vance, H. V. Christopher, C. E. Gain, W. P. Kyle, J. F. Kirkpatrick, J. W. Parker, M. C. Sprague (Rural Route 2), F. E. Rosenagle, A. J. Strain, Charles Snyder, H. P. Sparling. W. F. Smeltzer, M. L. Naughton and H. J. Sharp; West Jeffers son—L. E. Evans, A. F. Green and L. W. Olney; Mt. Sterling—W. E. Elder, W. G. Lewis, C. F. Gallagher and Roderick Wittich; Plain City—E. . Holmes and M. J. Jenkins; Lilly Chapel—G. M. Kerr; Sedalia --F. B. Whitford; South Solon—F. L. Wilson; Reseca—J. M. Morris. CHAPTER XXIX. BENCH AND BAR OF MADISON COUNTY. By John F. Locke and Mrs. Sue Murray Boland. As people often fail to agree with regard to their relative rights and duties, and as they some times 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 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 each year for the greater facility and transaction of business. and the number of judges was increased to not less than three nor more than seven in each county. Besides 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, on November 4, 1790, the time and place for holding said court 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 cognizant 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 general 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 ea parte, and in most cases operated upon and affected 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 378 - MADISON COUNTY, OHIO. intestate estates, remained in force. Thus the court of common pleas was endowed with all former duties and powers of the probate court 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 quarter sessions of the peace Were established on 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 on 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 was increased to four, and the state divided in two districts, eastern and western, two of said judges to hold court in each, as they should determine among themselves. Madison county was in the eastern district, but the, law was repealed on 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 in all civil cases, both of law and equity, where the matter in dispute exceeded one thousand dollars, and the appellate jurisdiction from the court of. common pleas in, all cases wherein that court had original jurisdiction. It also was given exclusive cognizance of 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 on 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. 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 and 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 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 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 and offenses the punishment whereof was not capital, and on 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 to one. By this enactment, the decisions MADISON COUNTY, OHIO - 379 of a 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 was to have original jurisdiction in all civil cases at law and equity where the sum or matter in dispute did not exceed one thousand dollars. It also had appellate jurisdiction from the decision of justices of the peace. It had exclusive power to hear and determine all causes of probate and testamentary nature, to take the proof of wills, grant letters of administration, appoint guardians, etc. Also exclusive cognizance of all crimes and offenses, 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 18S1 this court was given exclusive cognizance of all crimes and offenses, the punishment of which was not capital; also original and concurrent jurisdiction with the supreme court of all crimes and offenses 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 molding 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 composing Madison county was then a portion of Franklin, and belonged, of course, to whatever circuit the latter county was in. 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 Galia counties, to which Muskingum was added in 1804. In 1808 the state was divided into four circuits, the second being Adams, Highland, Scioto, Galia, Ross, Franklin and Delaware counties. In February, 1810; the counties, forming the second circuit were Ross, Pickaway. Madison, Fayette, Highland, Clermont, Adams, Scioto and Galia. The following year the circuit was again changed and. comprised the counties. of Pickaway, Franklin, Madison, Fayette, Highland, Clermont. Adams, Scioto, Galia and Ross. 0n the 27th of February, 1816, the state was divided into six circuits and this county became a part of the sixth, to wit, Clermont, Clinton, Greene,. Champaign, Delaware, Franklin, Madison and Fayette. In January, 1818. the seventh' circuit was created, leaving the following counties comprising the sixth, viz : Franklin, Delaware, Madison, Clark, Champaign', Logan, and Fayette. :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: Madison, Fayette, Ross,: Pickaway, Hocking, Fairfield and Franklin. In 380 - MADISON COUNTY, OHIO. January, 1834, the state was divided into twelve circuits, this county forming a part of the twelfth, viz: Clark, Madison, Franklin, Delaware, Union, Logan, Harding and Champaign, and thus it remained until 1851 when the new constitution was adopted. JUDICIARY SINCE 1851. The constitution of 1851 provided for the reorganization 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 consisted of five judges, to be chosen by the electors of the state at large and whose official term was five years. Its sessions were held in Columbus and its original jurisdiction was limited to quo warranto, mandamus, habeas corpus, pro cendendo and such appellate jurisdiction as provided by law, extending only to the judgments and decrees of courts created and organized in pursuance of the constitutional provisions. It had power when in session to issue Writs of error and certiorari in criminal cases and super cedeas in any case, and all other writs which may be necessary to enforce the due administration of justice throughout the state. It had 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 sub-division, one common pleas judge, who must be a resident of said subdivision, was to be chosen by the qualified electors therein, but the Legislature could 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. On the 29th of March, 1875. a law was passed cutting the third subdivision in two and thus creating an extra subdivision of the fifth judicial district; but the act was subse quently 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 redistricting 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 criminal or civil 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 the justices of the peace. and appellate jurisdiction from the decision of county commissioners, justices of the peace and other inferior courts of the proper county in all civil cases; and also of all crimes and offenses, except in cases of minor offenses, the exclusive jurisdiction of which is invested in the 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., ASSOCIATE JUDGES. Under the territorial government in 1788, the office of associate judge was established. At that time a law was passed by which not less than three nor more than five justices were to be appointed by the governor in each county, and known as the county court of common pleas. The law, as amended in 1790, made the number not less than three nor more than seven, and these judges transacted the minor law business of the MADISON COUNTY, OHIO - 381 county. By the Constitution of 1802 it was provided that not more than three nor less than two associate judges should be appointed in each county, and they must be residents thereof, should be elected by joint ballot of the General Assembly, fixing their official term at seven years. In 1810, the number of associate judges in each county was permanently. fixed at three, who, together with the presiding judge of the circuit, constituted the court of common pleas. The associates also had power to hold special sessions, try cases and transact the legal business of the county in the absence of the presiding judge. Under the Constitution of 1851, the judiciary was re-organized, the office of associate judge abolished, and it was never again established. The following is a list of those who filled the office of associate judge in this county from the time of the erection of Madison county, in 1810, until the adoption of the new constitution of 1$51: 1810, Isaac Miner, Samuel Baskerville, David Mitchell (Isaac Miner resigned and was succeeded by John. Arbuckle) :1811-16. John Arbuckle, Samuel Baskerville, David Mitchell; 1817-10, Samuel Baskerville, David Mitchell, James Curry (James Curry was elected representative and resigned) ; March, 1820, the associate judges were Samuel Baskerville, Isaac Howsman, Thomas Gwynne, the two latter being only temporary, and, in November, Isaac Howsman was re-appointed, while William Lewis and Samuel Culbertson succeeded Baskerville and Gwynne; in the following year, William Lewis was elected to the Legislature. and was succeeded by John Arbuckle as judge; 1821-23, Isaac Howsman, Samuel Culbertson, John Arbuckle; 1824-35, Isaac Howsman, George Linson, John Arbuckle; 1836-37, Isaac' Howsman, George Linson, Nathan Bond; 1838-30, Isaac Howsman, Nathan Bond, William Blaine; 1840, Isaac Howsman, William Blaine, Isaac Jones; May, 1841, William Blaine, Isaac Jones, Thomas Jones; October, 1.841, Isaac Jones. Thomas Jones, James Rayburn: 1842, Isaac Jones, Thomas Jones, Jacob Garrard; March, 1843, Thomas Jones, Jacob Garrard, James Rayburn ; May, 1843- 4, Thomas Jones, Jacob Garrard, William T. Rowe; 1845-40, Thomas Jones, William T. Rowe, Patrick McLene: January, 1850. Thomas Jones, Patrick McLene, John Rouse; April, 1850-51, Thomas Jones, Edward Fitzgerald, John W. Simpkins. The latter three men were the last to sit on the associate judges bench in this county: sage Howsman served the longest term of years, with Isaac Jones and Samuel Baskerville tied for second honors. Howsman served twenty consecutive years. While Jones and Baskerville served ten years each. DISTRICT COURTS. The district courts were composed of the judges of the court of common pleas of their respective districts and one of the supreme judges, any three of whom was a quorum. For the purposes of the district courts, the nine judicial districts were divided into circuits. Its sessions were held once a year in each County, but the judges had power to appoint special terms for good cause. This court had original jurisdiction with the supreme court and appellate jurisdiction from the court of common pleas of all cases in equity in which the parties had not the right to demand a trial by jury ; the district courts had power in certain cases to allow injunctions and to appoint receivers and 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 have, however, authority co-extensive with their respective. counties, among other things, to administer oaths, to take acknowledgment of instruments of writing, to solemnize marriage, 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 382 - MADISON COUNTY, OHIO trial of contested elections of justices of the peace. Under certain restrictions, justices of the peace shall have exclusive jurisdiction of any sum not exceeding one hundred dollars, and concurrent jurisdiction with the court of common pleas in any sum over one hundred dollars and not exceeding three hundred dollars. 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 pleads guilty, may be sentenced by the magistrate or be required to appear before the proper court for trial. 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 of said county, April 6, 1810, and produced their commission 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 security in the penalty of seven hundred dollars, and court thereupon appointed said Cary 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 empaneled: Elias Langham, foreman, Andrew Cypherd, Hugh Montgomery, Curtis Ballard, Charles Atchison, Paul Adler, Thomas Foster, Nicholas Moore, William Blaine, John McDonald, Nehemiah Gates, William Gibson, Andrew Shields, Phillip 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. This was the first will ever admitted to . record in, Madison county. Elias Langham, having been appointed to examine applicants for the office of county surveyor, recommend Patrick McLene, whom the court appointed to the position. The first indictment at this session was against George Blair for assault and battery, who pleaded guilty and was fined one dollar and costs. Indictments were found against Phillip Cryder, John Graham and Nathan Frakes, and the causes continued. It is a well-authenticated tradition that the first grand jury -held its session in a hazel thicket on what is now the Gwynne. farm. about half way between tile Gwynne house and the village of Lafayette. Ralph Osborn was allowed twenty-five dollars as compensation for his services as prosecuting attorney, and after some other business all cases on the docket were continued and court adjourned until the next November term. .The next term of the court of common pleas began on November 19, 1910, with John Thompson, president, Samuel Baskerville and David Mitchell, associates. The grand jurors were, Jonathan Minshall, foreman, David Groves. MADISON COUNTY, OHIO - 383 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 five dollars and costs in each case. The jury in the trial of Graham were, David Bradley, Abram Johnson, David Harris; Henry Robey, 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. Phillip Cryder was arraigned, at this session for assault and battery on John Sutherland, pleaded -guilty, and was fined six dollars 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 three dollars 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 the pioneer days, that Bright was acquitted. During this session John McNutt was fined six. dollars and costs for an assault and battery on James Blair For this and all future terms, it was ordered that Ralph Osborn be. allowed thirty-three and one-third dollars 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: 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 six dollars and costs for ,this latter offense. A special session of the associate judges was held on May 27, 1811, to try, Usual Osborn, charged with "bantering one John Davis to fight duel." Osborn pleaded "not guilty" and. was acquitted. On the 19th of August, 1811, the court of common pleas began its next session, with Hon. 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 Taggart, James Graham, Samuel Mitchell and Peter Paugh. The three latter jurors not appearing, the sheriff was ordered by the ourt to summon a talesman at once; thereupon Isaac Miner was returned. The first case tried at this session was the State vs. Samuel Blair, John McNutt and Samuel 384 - MADISON COUNTY, OHIO. McNutt, "for riot or conspiracy" against Elias Langhorn. They were found guilty and fined twenty-five dollars, fifteen dollars and six dollars, respectively, and bound over to keep the peace for one year. The names of the jury in this case 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 were 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 ten dollars 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 1.8, 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 Phili Lewis. The petit jury were. Thomas Pattison, Robert Soward, Nicholas Moore. Dennis Lane, Joseph Powell, Christopher Ladd.    Hume, James Criswell, James Barr, John Blair, David Bradley and John Kelso. We have now run 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 careers 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 list of jurors for 1810-11 is to transmit to these pages the names of many worthy pine% 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. how ever, Culled from the musty records of bygone days. "dimmed 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. PERSONNEL OF THE COURTS. The Madison county bar has from its beginning numbered among its members able jurists, talented advocates and safe counselors. Here, many eminent lawyers from the surrounding counties have appeared and practiced in our courts. It will not be inappropriate to recall the names of the judges of the court who sat in early days and dispensed justice with impartial hand. Material changes have been made -since the first court was opened in Madison county, both in the organization of the court and in the general practice of attorneys; but as the different changes in the state judiciary has been given before. we will here confine ourselves to a record of presiding judges under the old constitution and those who have sat upon the bench in London since the adoption of the new. MADISON COUNTY, OHIO - 385 PRESIDENT JUDGES. Hon. John ThoMpsoh conies first in the order of time. We have been unable to find anything further regarding the life of Judge Thompson than that he lived in Chillicothe, And occupied the bench in this county from 1810 to 1815, inclusive. Old settlers tell us that he was: a small, conipactly-built man, a good judge and a well-read lawyer. August, 1811, he adopted the following ruleg for the government of those practicing law in the courts of Madison county : First, attorneys and counselors shall never make it motion unless they ask the court if it would hear such, and shall always stanel in the place appointed for them ; second, thet shall be orderly and treat each other with respect at the bar, make no noise or contradict any gentleman addressing the court or jury unless moving the court to interfere, and if the gentleithin thug contradicted talk hack, he shall suffer suspension at discretion a the court; third; no gentleriaah to interfere with the papers of the court or clerk. fourth, counsel shall consult and agree on separate and distinct points of law and fact, otherwise only one on each side will be permitted to speak ; fifth, only one counsel shall be admitted on each side to examine and cross-examine witnesses; sixth in all causes one counsel, before the introduction of testimony, shall open the nature of the issue and the testimony to be offered. Similar rules were laid down by Judge Thompson for the guidance of the prosecuting attorney and other officers of the court. Judicial business in those early days was insignificant compared With the present, but with passing years it gradually increased and the dillies of the judge became more arduous. Orris Parish was the next judge of the court of common pleas. He was born in Union county, Connecticut, in 1782, and was educated in the common schools of that si:Ite. In hik early life his father settled in western New York ehere he attended the academy in Canandiagua. In 1811 or 1812 he emigrated to Ohio and settled in Franklin county. He was there ddring the war, and moved to Columbus im1815, after the until was fixed there. He acquired some distinction ag'a practitioner, especially in jury cases, where his style of oratory was very effective. His services were consequently in large demand, and he had a large practice on the circuit; which in those times was traveled on horseback from court to court, even to distant counties; by the jolly lawyers of the olden time among whom he was noted. He was a very eccentric man and many 'stories' are related of him. His free translation to it jury of the legal phrase recius in curia, which he gave as “Coming into court head and tail up," was long remembered by the fun loving generation of that day and has descended as a bon mot in the profession. In 1816 he was elected president judge of the Court of common pleas in this district. In 1819 charges were 'preferred against him, calling for an investigation of official conduct. A committee reported in his favor and afterward he resigned and returned to the practice of the law, in which he continued with great success: Upon the resignation of Judge Parish, Frederick Grimke was appointed to fill the vacancy until the next session of the General Assembly and served throughout 1819, but as Judge Grimke was regularly elected at a later date we will make mention of hith further on. John A. McDowell. in 1820, was elected president judge for this judicial district and died in September, 1823. He was born in Kentucky in 1780, and at an early time cane to Columbus and was prosecuting attorney of Franklin county and a member of the Legislature in 1819. He was a fine-looking, handsome man, of great talents and very popular, but his bright future was cut short by his early death. His successor as judge of this district was Gustavus Swan; who was born at Petersboro. New Hampshire, in 1787. His means of early education were limited, but: (25) 386 - MADISON COUNTY, OHIO by his own perseverance and exertion, he obtained an excellent classical, mathematical and scientific course of instruction at Amtherst College, New Hampshire. He studied law :with Samuel Bell, a celebrated lawyer at Concord, New Hampshire, who was afterward ,governor. of the state. He first came to Marietta, Ohio, in 1816, remained a year there and was admitted to the bar of Ohio. In 1811 he came to Franklinton, then the county seat of Franklin county and began the practice of law. His ability and industry soon gave him high professionai reputation, and he was employed in all the important cases which brought him in contact with many distinguished and able members of the. bar who rode the circuit and practiced. in the courts held at the capital of the state. Judge Swan, in these legal contests involving nice questions soon took rank among the first at the bar. He was a diligent student, a fine speaker having great power with a jury, and his practice extended through Fayette, Madison, Union, Delaware, Pickaway and Fairfield counties, where his name is still associated in the traditions of the. people with the pioneer lawyers of his day. He was the, first representative elected by Franklin county to the Legislature as soon as it was entitled to elect one. He was constantly engaged in .the practice of his profession until, 1823, when he was appointed by Governor Morrow judge of the court of common pleas in place of McDowell and was elected by the Legislature for the term of seven years. In pursuance of a resolution, of the General Assembly in 1825, he compiled the land laws of Ohio, including the state laws to 1815-1816, an invaluable publication to the practitioner. In 1830 he resumed the practice of law in Columbus. He continued from that date in active practice until 1843, doing a .lucrative and extensive business and had acquired a large fortune. On ,the organization of the State Bank of Ohio and its branches in 1845, Judge Swan was elected one of its directors and afterwards president of the State Bank of Ohio, he being, considered one .of the leading financiers of the state he then retired from the practice of law. The last time he appeared as counsel in court was in defense of William Clark, a convict in the penitentiary, tried for the murder of Cyrus Sell, one of the guards, by a single blow with a cooper's ax. He was tried at the December term, 1843, of the supreme court of Franklin county, reported in the eighth volume of Ohio Reports, and convicted of murder in the first degree, being hung on February 9. 1844, with a female colored Convict, Esther, who had killed another prisoner. The defense was insanity and there was an array of eminent counsel on both sides. Judge N. H. Swayne conducted the prosecution, examining the medical experts for the defense. Judge Swan, who had been generally successful in criminal cases, put, forth his full power and confidently, remarked that he had never had a client hung in his life, and if Clark was, he would never put his foot in the court house again as a lawyer he never did unless on his own business. He died on November 5, 1859. Frederick Grimke was elected judge of the common pleas court for this judicial district at the session of 1829-30. He came from the Southern states to Chillicothe early in the last century, and was a contemporary of Ewing, Beecher, Swan . and other distinguished, lawyers who rode. the circuit during those pioneer days. He sat upon the bench but three years of his second term, when he was promoted to judge .of the supreme court and was noted for his legal ability and high-toned sense of justice. Like many able men, he was very eccentric on one. point—his dislike for women —which he carried to extremes. It is said of him that upon one occasion, while out .horseback riding near Chillicothe, he was met by a bevy of young ladies, who, knowing his aversion to their sex mischievously determined to make him speak to them. They joined hands across the road, which was flanked on one side by a fence, while upon the other the bank led down a steep descent toward the Sciotio river. Seeing the trap set, for him and divining their intention, he turned his horse's, head and with the contemptuous MADISON COUNTY, OHIO - 387 remark, "What an infernal set of fools," rode in the opposite direction judge Grimke was of medium size, possessing a slender figure, and lived and died a bachelor. Joseph R. Swan was next to don the judicial ermine in this district. He was born in Oneida county, New York, in 1802. His parents were Quakers; the father was a merchant, thrifty, upright and in comfortable circumstances, and he and his family were highly respected in the community. He received an academic education at Aurora, New York, where he commenced the study of law. In 1824 it was decided that he should go to 'Columbus, Ohio, to enter the office of his uncle, Judge Gustavus Swan, then for many years one of the ablest lawyers in Ohio. With a companion, he drove a team of horses with a spring wagon from Aurora to Columbus. He was soon thereafter admitted to the bar. It is deemed of interest to print herewith an extract from a letter written by Judge Swan in 1883, the year before his death, to his cousin, Edward Brayton, in which he gives a sketch of his school days. He says: "As one grows old (at least I do) , one recalls more frequently and vividly the past ; the fishing for minnows and trout with your brother ; the school house, with its seats made of oak plank or saw logs, the bark adhering to the underside, and the auger holes into which the legs were driven showing on the top; the enormous fireplace in the school mom ; the air loaded with a smell of bread and butter, brought in baskets made by the Indians, the school house too far from the houses of the children to go home for their dinner. Then the cake, filled with coriander seed, which Messrs: and Ann Floyd gave us when we stopped on our Way to school at General Floyd's. The Barlow knife, the gilt- covered printers of the ‘House that Jack Built,' and `Blue Beard' and the red Morocco caps for children—these gave full gratification. Then a great event was a keg of oysters brought by slaves from Albany; sugar plums, the outside, sugar and beautifully colored, and the inside, sweetened, flour and whiting Barefoot, of course; in summer, but the shoemaker went from house to house in the fall and made our shoes. How pleasant it was to watch the work on our own Shoes and anticipate the time when they would he finished and then put the precious things under Our pillow the first night. Pop guns of alder, whistles of butternut, jew's harps and kites filled the place and were probably quite as enjoyable as the thousand kind of toys of the Present. There were eight children in my father's family then; and my mother made their stockings and winter coats and pants from wool to completion—pretty well for a merchant's Wife." Judge swan was prosecuting attorney of Franklin county from 1830 to 1834. In 1834 he was elected by the legislature as common pleas judge for the district composed of the counties of Franklin, Madison, Glark, Champaign, Logan, Union and Delaware, and was re-elected in 1841, and by his satisfactory arid impartial discharge of the duties of the office obtained a reputation of being one of the best judges in Ohio. In 1830 Judge Swan published the treatise entitled, "A Treatise on the Law Relating to the Powers and Duties of Justices of the Peace,” which has gone through nine, teen editions. The Circulation of this book has been immense among the successive generations of justices Of the peace in every township of the state, lawyers, county officers, judges and business men, in other states as well as our own, and has been a model for similar books elsewhere. He published several other text books besides his well-known Treatise. On February 231850, the General Assembly passed an act calling a Convention to revise or amend the constitution of Ohio. Judge Swan was elected a delegate from the county of Franklin., and was a very able and influential member of that convention He was elected Judge of the Supreme court in 1854, and become chief justice of that court and resigned in November 1859. None of his opinions rendered in that court have ever been reversed. A remarkable case was tried in the supreme court early in 1859 While he was supreme judge. In that year a party of men, among whom were 388 - MADISON COUNTY, OHIO Langston and Bushnell, by force rescued a fugitive slave near Wellington, Lorain county, in defiance of the fugitive slave law of the United States. The "rescuers" were arrested by the United States marshal, the prisoners. were taken to Cleveland for trial, and tried before a jury and convicted. Bushnell was sentenced to imprisonment in jail for silty days and Langston for twenty. Salmon P. Chase was at that time governor. At his instance, application was made to the supreme court; of the state of Ohio for a writ of habeas corpus, on the ground that Bushnell and Langston were held in custody in the jail of Cuyahoga county, unlawfully deprived of their liberty. There was most intense public interest felt in the question whether the supreme court would sustain the writ of habeas corpus or take the prisoners out of the jail of Cuyahoga county. To have attempted, to release them, would. have been but the initiative in secession and rebellion. The. whole influence of the governor and his administration was thrown in favor of the release of the prisoners and, defiance of federal authority.. If the prisoners were set. free by order. of the supreme court. the governor had determined to support its mandate and resist the re-arrest of the parties with military force, The governor had: lately reorganized the and appointed a staff entirely subservient to his will. He gave directions. to the officers of the militia to be ready for service. The members of the supreme court of the state were in politics Republican. It was a great trial Noah H. Swayne, afterward one of the justices of the supreme court of the United States, appeared in behalf of the United States; Christopher P. Wolcott, attorney-general of the state, on behalf of. the state of Ohio, appeared at the instance of the governor and made the closing argument, insisting that the relators should he discharged. The governor, accompanied, his attorney-general before the court to give the weight of his appearance and official position to the argument made on behalf of the prisoners. The bench stood two for the prisoners, Judges Sutliff and Brinkerhoff; and two against releasing the prisoners, Judges, Scott and Peck, leaving the deciding vote in Chief. Justice Swan, The. American lad, who was taught the rudiments of his learning sitting on the outside plank of a saw-log, the bark adhering to the underside, now an American man, held the integrity and destinies of the nation in the hollow of his. hand: Had he sided against the federal government,.. Ohio, not South Carolina, would have been the first state to have seceded from the Union; the North, not the South, would have had to bear the onus of first attempting to destroy the federal compact. He neither faltered, hesitated nor delayed. His decision was lengthy and closed as follows: "As a citizen, I would not deliberately violate the constitution or the law by interference with fugitives' from service. But if a weary, frightened slave should appeal to me to protect him from his pursuers, it is possible I might momentarily forget my allegiance, to the law and constitution and give a covert from. those who were upon his track.. There are, no doubt, many slaveholders who would thus follow the impulses of human sympathy. And. if did it, and was prosecuted, condemned and imprisoned and brought by my. counsel before this tribunal on 1. habeas corpus, and were permitted to pronounce judgment on my own case, I trust should have the moral courage to say, before God and the country, as I am now compelled to say, under the solemn duties of a judge, bound by my official oath to sustain the supremacy of the constitution and the law, the prisoners must be remanded." This decision defeated his re-nomination for supreme judge. He was afterwards tendered appointment to fill vacancies upon the supreme court; .of .Ohio three times, once by. Governor Brough and twice by Governor Hayes. He also declined a nomination afterwards for supreme judge by a Republican convention. It is singular that in the lives. of Salmon, P. Chase, written by able men, no mention of this incident in Chase's career is made. There is a tradition that in 1862, when Abraham Lincoln wanted to MADISON COUNTY, OHIO - 389 but a vacancy on the supreme bench of the United States, he intended to send to the Senate the name of Swan, instead of Swayne, but the mistake was not giscovered until titter the confirmation by the Senate, and as Judge Swaynne was a very able lawyer nothing was publicly said about it. It was 'known that President. Lincoln was a great admirer of Judge Swan and approved his decision in the case referred to. We have been a little lengthy. in regard to Judge Swan, because of his eminent ability and the peculiar incidents connected with his judicial career. The last to sit upon the bench under the old constitution was Judge .James L. Torbert, who was born in Bucks county, Pennsylvania, in 1796. He was educated at the University of Princeton. He came to Ohio in 1818 and was engaged in educational duties in an academy at Lebanon, Ohio, among his pupils being the distinguished astronomer, Gen. O. M. Mitchell;. the founder of the Cincinnati Observatory. Torbert settled in Springfield, Ohio, in 1824. and being a fine linguist, devoted. during the first few years there, to giving instruction in the languages. Being admitted to the bar in the meantime, he became associated with Gen. Samson Mason in the practice of law. He was elected in 1846 to. succeed Joseph R. Swan as common pleas judge, in the district of which Madison was a part, and filled that office until, the adoption of the new constitution, holding his last, .term of court in London in November, 1851. His death occurred very suddenly on the 15th day of May, 1850, on board the steamboat "Tecumseh" on the Mississippi. JUDGES SINCE 1851. Article XI. section 12, of the constitution of 1851, apportioned the state into nine judicial districts. Each district was divided. into three subdivisions, the counties of Pickaway, Franklin and Madison constituting the third subdivision of the fifth judicial district. At the April term. of the court of common pleas for 1852 the Hon. James L. Bates, who had been elected. the previous fall; produced his commission, dated January 16th, as judge of the third subdivision of the fifth judicial district. He was born in western New York in 1815, and was educated and a graduate of Geneva College, New York. He. came to Columbus, Ohio, in 1835, read law with Orris. Parish 'and N. H. Swayne, and was admitted to the bar in 1836. He commenced practice and formed apartnership with N. H. Swayne in 1837,. which continued until he was elected judge in 1.851. He was re-elected in 1856 and 1861, the last time without opposition:. Judge Bates was a safe and excellent judge, was a sturdy worker, and alone did the business of the three counties satisfactorily, without allowing the docket to accumulate 'with undisposed business. After he retired from the bench he became active as a business man in the city of Columbus. He was a member of the board of education of that city and a director of the Ohio penitentiary. He was largely engaged in the settlement of large estates. He died the city of Columbus in. 1890. The second judge under the new constitution was the Hon. John L. Green, a native of Virginia, who located in- Circleville about 1830, where he won and retained a large and successful practice. He was elected to the state Senate from Pickaway and Franklin counties,. serving:. in four General Assemblies, from 1837 to 1841. He was a member of the constitutional convention from. Pickaway county which framed the constitution of 1851. He subsequently removed from Circleville to Chillicothe and was there elected judge of . the. court of common pleas for that subdivision. Thence he removed to Columbus, and,. in October, 1866; was elected judge of this subdivision to succeed Judge Bates. He was re-elected. in 1871 and again in 1876, his term expiring in February, 1882. He also was a very learned lawyer and a splendid judge: During the legislative session of 1867-68. an act was passed creating an extra judgship for the third subdivision, and in April, 1868, Joseph Olds, of Circleville, was elected 390 - MADISON COUNTY, OHIO. to fill the position. He was a native of Pickaway county and a graduate of Yale College. After serving his full term on the bench, he returned to the practice of his profession and became his of the firm of Harrison; Olds      Marsh, of Columbus, becoming one of the leading attorneys of the city. PROBATE COURT The office of probate judge was created by section 7, article IV, of the Constitution of 1851. The probate judge has jurisdiction in probate and testamentary' matters; the appointment of administrators and guardians; the settlement of accounts of administrators, guardians and trustees; the issuing of marriage licenses; the appropriation of private property for public use the trial of -Certain criminal cases, and in many other matters provided by law. Nathan Bond Was the first person to be elected probate judge of Madison county, and held the office from February, 1852; to February, 1858, two terms. We have searched diligently for information of Judge Bond's life, but regret that we are unable to get it. Benjamin Franklin Clark was the second person elected to that office. He was born in Deer Creek township, in this county, December 23, 1829; in the neighborhood of which was known as "Limerick;" now a part of the Gynne farm, where the first term of court was held in this County. He attended the common schools and when seventeen years of age began to learn the trade of carriage frithiner and harnessmaker at Urbana and Columbus; returning to London, he worked at his trade. He was appointed postmaster. for London by President Pierce and held that office            February, 1858; when he took his seat as probate judge, having been elected the fall before. He held the office two terms. He studied law in the meantime and was admitted to the bar in 1864. He practiced law here until 1870, when he became teller of the Madison National Bank, and ten years later became cashier of the bank. He died in 1898 Judge Clark was a worthy man and useful citizen and most highly respected. He held many minor positions of trust and responsibility: John Henry Kennedy was the third probate judge. He was born in Morgantown. West Virginia, in 1800. When about twenty-two years old he came to Ohio and settled in Deer Creek township, in this county, but after a very short residence there he moved to Somerford township, where he resided until 1863, when he came to London to fill the office, of probate judge. He held the office from February, 9, 1864, to February 9, 1876. He died in London, December 16, 1879. Judge Kennedy was a most friendly and kindhearted man, a fine conversationalist and a good story teller. It was said of him that he would willingly; if kindly approached, issue. a writ of habeas :corpus releasing a person .from confinement in Hades. Oliver Perry, Crabb was the next probate judge. Be was born in. Jefferson town- ship, in this county, June 26, 1826. He attended. the common schools and an academy at West Jefferson. in 1844 he went West to "grow up with the country," locating in Muskatine, Iowa. He remained there about two years and then returned to West Jefferson and was employed as clerk in a store there. He was township clerk, corporation treasurer and filled other, responsible and useful positions. In 1854 he was appointed deputy auditor and served six months; in 1856 was elected county' auditor and held that office three terms of two years each. In 1875 Mr: Crabb was elected probate judge of this county and re-elected for .six successive terms, his last term expiring February 9, 1894. Judge Crabb, soon after. his retirement from the bench, suffered from failing eyesight and gradually became blind. He resides at London, .being in his -ninetieth year, Judge Crabb was the last person, so far to hold that office who was not a lawyer. He had good, mind and sound judgment and was studious and careful. While on the MADISON COUNTY, OHIO - 391 bench he acquired a good knowledge of the law, and discharged the duties of the office with ability. Jacob Leonard Hamer was born in Plain City, Madison county, Ohio, September 1, 1866. He attended and graduated from the Plain City high school. in the class of 1886. He then entered the Ohio State University and was a student there for three years. He then attended the University of Michigan and graduated from the law department there in 1891. He was admitted to the bar in Ohio the same year and began the practice of law at Plain City. In 1893 he was elected probate judge, and re-elected in 1898, holding the office until November 1, 1899; when he resigned for the reason that he was then a candidate for representative and could not be voted for legally, being judge. He was elected that year representative and reelected in 1901. At the expiration of his last term as representative, he located in Oklahoma, where he is now practicing his profession. Corwin Locke was born in Somerford township in 1860. Having attended the common schools until he was About eighteen, he entered the Ohio Wesleyan University, where he was a Student for two years. He then attended the law school at DePauw University two years. He was'. admitted' to the bar by the supreme court. of Ohio in 1888. That same year he was elected prosecuting attorney and was re-elected in 1891. Ile was appointed by Governor Bushnell probate judge to fill a vacancy caused by the resigtiation of Judge Hailer, November 1, 1899, which office he held until February 9. 1900. He then entered the law office of Huggins & Huggins, in Columbus, with a view of becoming a member of that firm. He died in January 1903. On the death of Corwin Locke the community lost a pod citizen and the bar a useful member. He was scholarly in' equipment. His temperament was not especially buoyant, but his conduct was marked by a sincere courtesy. John M. Boyer was born in Delaware county, Ohio, in 1860. His father resided In ten different counties of the state until John was ten years old. His opportunities for an early education were limited. He studied chemistry and pharmacy and was clerk in a drug store at Plain City for some time. He came to London in 1880 arid read law with Hoar Smith. He also owned a drug store in London for some time. In 1892 he was appointed by President Harrison postmaster at London and held the office four years was admitted to the bar in 1894 and began the practice of Law with S. P. Wilson. In 1899 he was elected probate judge of the county and was reelected in 1902 holding the office until February he was soon afterward appointed claim agent in the law department of the Ohio Electric Railway Company which position he now holds, and resides in the city of Columbus. John Robert Tanner was born in Pleasant township, Madison County, Ohio. October 2. 1874. He attended the common schools, He entered the Ohio State University in 1890, and was a student in until 1894. He afterward attended the law school of that institution, where he graduated in 1906. and, being admitted to the bar at the same time, at once the practice of law in Mt Sterling. He was elected probate judge of county in November, 1905. and began his services as such February 9, 1906. He was re-elected in 1908 and held the office until 1913. During his first terra by an act of the General Assembly passed April 1966: the tern of Probate judge was made four rears, and Judge Tanner served four years his second term: report his retirement from the bench he began, and still is practicing law in London; Frank James Murray was born in London, Ohio, October 19, 1884. He attended the village schools and graduated from the London high School in 1904. He attended the Ohio State University find graduated in the college of Arts there in the class of 1908: In the same year he was elected a member of the Phi Beta Kappa fraternity a distinguished honor for literary and scholastic attainments. He attended the Law 392 - MADISON COUNTY, OHIO, College of the University of Minnesota, 1908-9, and graduated from the law department of the Ohio State University in 1910, being admitted to the bar at the same time. He was elected probate judge of Madison county; November 5, 1912; took, his seat upon the "wool sack" February 9, 1913, and is now the incumbent. THE JUDICIARY. The Legislature in March, 1875, passed an act creating an extra subdivision of the fifth judicial district. In April of that year Samuel W. Courtright of Circleville, was elected judge, of the new subdivision,. consisting of the counties of. Pickaway and Madison. He was born in Pickaway county, read law with Bellamy Storer of Cin cinnati, graduated. from the Cincinnati Law School in 1863; and began the practice of law in Circleville. He was. prosecuting: attorney of Pickaway county for two terms, and, after twelve years practice, was elected judge of the new subdivision, as before stated. The supreme court, near the close of its term, declared the act creating an extra subdivision, known as, the fourth subdivision, unconstitutional, for the reason that by the terms. of the constitution a judicial. district was divided into three sub-divisions,. and could contain no more. The office therefore. died at, the expiration of Judge Courtright's terms. It was held, however that while he was not legally judge, he was de facto judge, and his decisions. would not be disturbed for that reason. He was at that time said to be the youngest judge then upon the bench. He was exceedingly formal and impressive when presiding upon the bench, a habit contracted while he was a very high official in the Masonic order. He died on January 2, 1913; Under the act of 1878, Eli P. Evans was elected: judge of the fourth subdivision. He was born in 1842 in Franklin county, Ohio. He read law with James E. Wright a most able lawyer, and was admitted to the bar in 1870, immediately, commencing the practice of law in Columbus. He was. elected judge of the court of common pleas in April, 1878, in a new subdivision of the district, known as the fourth, consisting of Franklin county. This office, like Judge Courtright's, expired under the decision of the supreme court, but the Legislature, in 1881, passed an act creating an extra judgeship for the third, subdivision, and in October, 1882, Judge Evans was elected to fill the position. Judge Evans was re-elected several times to succeed himself, and continuously held the position until . February, 1903, when his. last term expired. He was a model judge, studious, careful, patient, learned and upright. He served a longer time upon the bench than any of his predecessors. He died in 1905. Edward F. Bingham was born in Concord, Vermont, August 13, 1828. He received his early education in that. state; and came to Ohio in 1846. He. was a student in Marietta College one year. He studied law and was admitted to the bar at Georgetown, Ohio, in May, 1850, Chief Justice Peter Hitchcock presiding. He began the practice of law in Vinton county, Ohio was prosecuting attorney of that county, 1851-1855, and represented the counties of Jackson and Vinton in the Legislature 1856-57 He was a delegate from Ohio to the famous Democratic national convention at Charleston. South Carolina, in 1860, which broke into two factions, part of it adjourning to Baltimore and nominating Stephen A. Douglas. He came to Columbus in 1861 to practice law. He. was city solicitor, 1867-71. In 1873 he was elected judge of the court of common pleas for the subdivision of which. Madison county was a portion, and held the office continuously until April 25, 1887. He was then appointed, by President Cleveland, chief, justice of the supreme court of the District of Columbia and held that office until he retired, April 30, 1903. He died at his, country home near Union, West Virginia, May 11, 1903. At, the time of his death he was president of the board of trustees of Washington College of Law ; a member of the National Geographic Society. MADISON COUNTY, OHIO - 393 Judge Bingham was held in the highest esteem by the bar, and was an able Judge. He frequently held court in London. George Lincoln was born in Ashford county, Connecticut, in 1825. He attended the' common schools and Munson Academy, Massachusetts. He taught school in Valley Falls, Rhode Island, for three years, and in 1851 came West and taught school in Indiana, Wisconsin and Woodstock, Ohio. He studied law with General Young; of Urbana, and was admitted to the bar in 1854. He began the practice of law with Hon. Cornelius Hamilton at Marysville and located in London in 1860. In1862 he was elected prosecuting attorney of Madison county, which office he held for one term. In 1879 he was elected common pleas judge of this subdivision, and was re-elected in 1884. Mr. Lincoln was a good advocate. He was strong and alert in cross-examination. He grasped the main point in a case and hung to it with tenacity: He had a retentive memory. He was well informed' on. current events. He was sociable and liked to mingle with the people. He had decided opinions, which he maintained with firmness. He' was a 'unique character, blunt, sincere and kind. He had little regard for the frivolities of modern life, but believed in the plain old ways of the early people. He was a good associate counsel, but when he was opposed to you he fought with vigor and fairness. He died in May, 1905. David F. Pugh was born on August 23, 1846. He was reared on his father's: farm east of Columbus; until he was just short of sixteen years old, in October 1861; When he enlisted in the Forty-sixth Ohio Volunteer Infantry. After re-enlisting, he was dis charged at the close of the war, July 28, 1865 he was wounded twice. He attended Ohio University after the war. for three years: He then, went to West Virginia, where he studied law for seven months. He was admitted to the bar and practiced there until. December, 1880, when he returned to Columbus He was prosecuting attorney of Tyler county, West Virginia, for ten years; and during that period represented the county in the lower house of the Legislature one term, and also represented the, county in the constitutional convention, which made the most of the present constitution of West Virginia. He was appointed judge of the common pleas court in April 1887, by Governor Foraker to fill the vacancy caused by the, resignation of Judge Bingham, who was appointed chief justice of the supreme court of the District of Columbia. He was elected judge in 1888 and re-elected in 1893, serving until May, 1898, when his term expired: Judge Samuel F. Steele was born in Hillsboro, Ohio, July 5, 1837. Re attended, in his native town, the school of Prof. Isaac Sams; a noted: educator of that day, from which school he entered the sophomore class of Miami University at Oxford, Ohio: From Miami he entered Center College, at Danville, Kentucky; and graduated from that institution. in 1859: Following: his graduation, the served as a tutor: in Kentucky until he returned to Hillsboro in 1862. Upon his return to Hillsboro he took up the study of law in the office of the late Judge James Sloane, at that time one of the leaders of the bar of southern Ohio. Judge Sloane early recognized the high order of legal talent possessed by his pupil and, upon Judge Steeles admission to the bar: in 1864, testified to his appreciation of young Steele's ability and his entire confidence in his future as an attorney, by forming a partnership with him in the practice of the law. This partnership continued under the name of Sloane & Steele until the election of Judge, Steele to the common pleas judgeship in the old second subdivision of this district; in the autumn of 1871. He held the office until February 9, 1882. He was a very able lawyer and was held in high appreciation as a judge. He died on December 23, 1913. He often held court at London. Isaac N. Abernethy was born in Pickaway county, Ohio: August 9, 1844, and gradu- 394 - MADISON COUNTY, OHIO ated at the Ohio Wesleyan University in 1866. He studed law under Judge Yaple, of Chillicothe, for a while, and R. A. Harrison, at London, Ohio ; was admitted to the bar in 1868, and began the practice of law in Circleville in 1869. He was prosecuting attorney of Pickaway, county two terms, 1872-76. He was elected judge of the common pleas court in this subdivision in 1889 and served. one term, which ended: February 9. 1895. Cyrus Newby was born, in Highland county, Ohio, February 7, 1855. He attended the common school in the country, and was a student for one year in the normal school at Lebanon, Ohio, under the instruction of the celebrated Professor Holbrook. He read law with Sloane & Smith at Hillsboro, Ohio, and was: admitted to the. bar in 1876. He practiced law there alone for five. years, and then formed a partnership. with his former preceptor, Ulric Sloane. Four years. later Mr. Sloane located in Columbus, and Mr. Newby, entered into partnership with Q. Morrow, which continued until February 9, 1892 when Mr. Newby took his seat, on the common pleas bench from the second subdivision of. the fifth judicial district, composed of the counties of Highland, Ross and Fayette. He was re-elected in 1896 in the new second subdivision, created by the act of 1894, consisting, of the counties, of Highland,: Ross, Fayette, Pickaway and Madison, and has been re-elected every five years since, being the present incumbent By an act passed May 17, 1894, the subdivisions of the fifth judicial district were changed, and the counties, of, Highland, Ross, Fayette, Pickaway and Madison. were made the, second— subdivision; of the district. In 1894 Festus Walters was elected. judge of the court of common pleas, to the new subdivision. He was re-elected in 1896. In 1902 he was elected circuit judge of the fourth, circuit, and was re-elected in 1908, and again elected in .1914, being- the present incumbent of the position. Judge Walters was born, in Fairfield county, Ohio, in 1849. He worked on the farm and attended the common school, the winters. When he eighteen he entered the preparatory department of Ohio University at Athens, Ohio, and in 1869 he entered the; sophomore class at Ohio Wesleyan University at Delaware, Ohio; from there he entered, the junior class at Cornell University, Ithaca, New York, where he graduated in 1870, He graduated at the law School at Ann Arbor, in 1872 and 1873 , began the practice of law at Circleville, Ohio. He practiced: law there until 1804 when he was elected Judge as before stated.   Horatio B. Maynard was born at Holden, Massachusetts, October 12, 1826, and died at Washington C. H., Ohio, September 11, 1907. He passed his youth, in New Hampshire, and was educated at Ludlow, Vermont. He was admitted to the bar in that state, and in 1854 located in Washington C. H. Ohio, where he: resided until his death. being one of the leading members of the bar. He volunteered in the One Hundred and Fourteenth Ohio Volunteer Infantry in 1863, and served as lieutenant-colonel of the regiment; until the close of the war. In 1868; he was elected prosecuting attorney of Fayette county and served one term. On the death of Judge Gregg, in 1894, he was appointed by Governor McKinley to fill the vacancy on the was elected soon afterward common pleas judge for the second subdivision, composed, of Highland, Ross, Fayette Pickaway and Madison counties ; he served one term, ending February 9, 1899: He was a very able lawyer and judge and a most worthy and exemplary citizen. He held court in London frequently. DeWitt Clinton Badger was born in Range. township, Madison county, Ohio, in 1857, He received a common-school education and. attended the Bloomingburg Academy and Mt. Vernon College, in Stark county. He taught, school four years, during which time he studied law, and was admitted to the bar in, 1879, beginning the practice of law in London. He was elected prosecuting attorney of Madison county in 1882 and served one term. In 1893 he was elected common pleas judge of the second subdivision, com MADISON COUNTY, OHIO - 395 posed, of Franklin, Madison and Pickaway counties. He then went to Columbus to reside„ In 1898 he was elected common pleas judge in the new third Subdivision consisting of the county of Franklin, and served one term. He was elected to Congress from the Columbus district in 1902 and served one term. In 1905 he was elected mayor of the city of Columbus, and at the expiration of his term resumed the Practice Of law in that city. Joseph Hidy was born in Fayette county, Ohio, August 229; 1854. He attended the common schools and graded school at Jeffersonville, in the same county. He became a student at Buchtel College, Akron, Ohio, and, graduated there in 1876. He then entered the law school of the University of Michigan, graduating there in the spring of 1878, and the same year was admitted to the bar and began the .practice of law at Washington C. H. He was elected judge of the common pleas court in the new second subdivision in 1898, and served until January, 1904; when he resigned a month before his term expired, which would have been February 9, 1904. He then located in the city of Cleveland and has practiced law there since. S. W. Durflinger was born in Madison county in 1836. He received a fair early education and, at the age of eighteen, he entered the Ohio Wesleyan University, graduating in 1860. In the fall of 1861 he enlisted in the Thirty-third Regiment of Illinois Volunteers, and was honorably discharged in 1865. He was elected county recorder in 1866 arid served three years, during which time he Studied law under R. A. Harrison and was admitted to the bar in 1869. He was prosecuting attorney two terms, 1871-74. In 1883 he was elected a member of the state Senate, serving one term. In 1903 he was elected common pleas judge for this district; and served one term. Mr. Durflinger was very quiet and as modest as a maiden. He was industrious and constantly at work. He did not care particularly to appear before a jury, but when he did he was prepared and instructive. He acted slowly and. with caution. His career upon the bench was short, but his charges to the jury and opionions and decisions were clearly and ably expressed Charles Dresbach was born in Fairfield county, Ohio, August 15, 1859. After a common school education, he attended the National Normal University at Lebanon. Ohio, where he graduated with the degree of Bachelor of science. Afterward he was a student in the University of Michigan, in the literary department and the law department and graduated from the law school in 1886. He was admitted to the bar in Michigan in 1885, and in Ohio. In 1886. He at once began the practice of law in Circleville, and continued until 1903 when he was appointed common pleas judge by Governor Nash to fill a vacancy caused by the resignation of Judge Walters, who had been elected circuit judge. In 1905 Judge Dresbach was elected Common pleas judge and served one term, until February 9, 1911. He then resumed the practice of law in Circleville and resides there Frank G. Carpenter was born in Greene county, Ohio. His parents died when he was quite young and he was placed with a family named Story attended the common schools until sixteen years of age when he entered the Forest Home Seminary, a private school conducted by Prof. Robert Story, and from which he graduated. He taught school three, years, attended the Ohio Wesleyan University, two years, and then attended .the University of Michigan; he graduated from the law department in 1877, and began the practice of law with Hon. Mills Gardner at Washington C. H., Ohio. In 1879 he was elected prosecuting attorney, of Fayette county and held, that office until 1885, when he formed a partnership with John Logan. In 1892 he was elected state senator from the fifth-sixth senatorial district. He practiced law in Columbus from 1893 to 1899, when he returned to Washington C. H. In 1908 he, was elected common pleas judge in the second, subdivision of the fifth judicial district, of which Madison 396 - MADISON COUNTY, OHIO county was a part. Under the new constitution of 1912, each county is entitled to a judge of the common pleas court, and in 1914; Mr. Carpenter was elected common pleas judge for Fayette county, being the present incumbent. John W. Goldsberry was born in Petersburg, Highland county, Ohio, October 21, 1852. He attended the country schools, and graduated from the Ohio Wesleyan University. He studied law in the University of Michigan and was admitted to the bar in 1881. He practiced law in the city of Chillicothe from that time until 1909, when he was elected judge of the court of common pleas was the second subdivision of the fifth district, of which Madison county is a part. He was re-elected in 1914; and now holds the position. He has held several terms of court here. Clarence Curtain was horn in Deer Creek township. Madison county, Ohio, June 23, 1853. He obtained his early education at Coniac country school, near his home, and the London high school. He graduated from the law department of the University of Michigan in 1874 was admitted to the bar the same year, and at once began the practice of law in Circleville. He was elected prosecuting attorney of Pickaway county in 1884, and served six years. In 1909 he was elected judge of the court of common pleas of this subdivision and is the present incumbent. Roscoe Garfield Hornbeck was born near tendon, Madison county, Ohio, August 18. 1879. In his youth he attended the common schools of Union and Deer Creek townships. and later the London high school, from which he graduated in the class of 1899. He was a student at the Ohio Northern University, at Ada one year. He then became a student of the Ohio State University, graduating from the law department in 1903; he was .admitted to the bar the same year, and at once began the practice of law in London. In 1909 he was appointed postmaster of London, by President Roosevelt, and held that office until October 1, 1913. During his term as postmaster' he was largely instrumental in securing city mail delivery for London. The new constitution of Ohio, adopted in 1912, provided that, “one resident judge of the court of common pleas, and such additional judge or judges as may be provided by law, shall be elected in, each county of the state by the electors of such county." Under that provision, an act was passed by the General Assembly; approved May 5, 1913, authorizing the election "In Madison county, in 1914; one judge, term to begin January 1, 1915." Accordingly, Mr. Hornbeck was elected in November, 1914, resident judge of the Court of common pleas of this county, and took his seat January 1, 1915. He is, therefore, the first judge to hold that office under the new constitution. Two other judges of the common pleas court have held that position who were, at the time. residents of this county—Judge Lincoln and Judge Durfiinger—but they were elected in a subdivisionof which Madison was a part. THE EARLY BAR. In the early days of mud roads and log cabins, the lawyers rode the circuit with othe judge, on h[rseback; from county to county, equipped with old fashioned leggings and saddlebags, averaging about thirty miles a day. The party had their appointed stopping places, and, where they were expected on their arrival, the chickens, dried apples, maple sugar, corn dodgers and old whiskey suffered, while the best story tellers regaled the company with their humor and anecdotes. With the organization of Madison county came also the attorney—a necessary attendant to the' administration of justice. Throughout the earlier period of the county's history, the disciples of Blackstone and: Kent do not seem to have looked upon London: as a fruitful field for their profession, and for many years the county did not possess a single lawyer. From Chillicothe, Circleville, Columbus, Xenia, Urbana and. Springfield cube the first attorneys who figured before the courts of this county, and, as of them held the office MADISON COUNTY, OHIO - 397 of prosecuting attorney during those early days, it will be appropriate to give them a brief space in this chapter. VISITING LAWYERS. Ralph Osborn, a native of Waterbury; Connecticut, where he studied law, came to Franklinton in 1806. He remained a few years but upon the organization of Delaware county, in 1808; he was appointed prosecuting, attorney of that county. Soon afterward he removed to Circleville and in December, 1810, was elected clerk of the Ohio Legislature, which position he filled five consecutive sessions. Upon the organization of Madison county, he was appointed at the first term of court: prosecuting attorney, serving in that capacity from 1810 to 18/4, inclusive. In 1815 he was elected auditor of state, holding. that office eighteen years in succession, and in 1883 was elected to the Ohio Senate to represent Franklin and Pickaway counties After his election as auditor of state he did not practice his profession. He died. in Columbus. in 1835. Richard Douglas, the prosecuting attorney for Madison county from 1815-17, was born in Connecticut. He read law with Henry Brush; and settled as an attorney in Circleville; about 1&15 he removed to Chillicothe, where he; died in 1852. He was a lawyer of more than ordinary ability, and his abounding humor and fund of anecdotes made him the most agreeable company to the lawyers while riding the circuit. It is said that he possessed considerable poetic, talent and bore the title among his contemporaries of "The Poet of the Scioto. His descendants now reside and a prominent people of Chillicothe. Caleb Atwater located in Circleville about the close of the War of 1812 as an attorney at law. For several years he was postmaster and was a member of the Ohio Legislature for one term from. Pickaway county. At the Tulle session of the court of common pleas, of Madison county; in 1815, he was. appointed: prosecuting ,attorney and held the same position.. from November, 1822, to the same period 1823. About the year 1827 he was appointed by President Jackson to treat with the Indians for the purchase of their lands at Prairie du Chien. Mr. Atwater's information was extensive, but he was better known as an antiquarian and historian, upon. which subjects he wrote several works. He died in Circleville in 1867, nearly ninety years old. He was a native of Massachusetts. John R. Parish was the next prosecuting attorney of this county. He was born at Canterbury, Connecticut, in 1786. He was admitted to the bar at Windham, Connecticut; in 1816 he came to Columbus, Ohio, and began the practice of law.; 1820 he was elected to the Legislature from Franklin county prior to this he served as prosecuting attorney of Madison county from the September term, 1818, to the close of 1819. He was a man of, vigorous mind and a. good lawyer; but, like many lawyers of that period, indulged in the convivialities of the times. He died in 1829. Among the, early prosecuting attorneys were, George W. Doane, of Circleville, in 1816; David Scott, of Columbus, in 1817 ; James Cooley, of Urbana, in 1820 and George W. Jewett, of Springfield, in 1822. Doane, was a native of New Milford; Connecticut; graduated at Union College, New York, and attended the famous law school at Litchfield, Connecticut. He located in Circleville in 1816 as an attorney-at-law. He died on the 4th of February 1863. David Scott was born in: Peterboro, New Hampshire, in 1786; in 1811 engaged in the practice of law at Franklinton and was appointed prosecuting attorney of that county in 1813, serving until 1819, a portion of which time he was prosecutor of Madison county. James Cooley was one of the early, pioneer lawyers of Urbana, and in 1826 was appointed United States minister to Peru; where he died in 1828: He was a young man of brilliant parts of fine appearance and prepossessing manners and stood in the front rank of his associates. We have been unable to learn 398 - MADISON COUNTY anything definite of Mr. Jewett, only that he practiced law in Springfield for several years during the early history of that city. Another of the pioneer visiting lawyers of the courts of Madison county, and who. was prosecuting attorney from November, 1823 until the close of 1824, was Joshua Folsom, who was born at Henniker, New Hampshire; in the Year 1783. He attended college at Dartmouth, but did not graduate. After leaving college, he read law at Balti more in the office of Goodloe Harper, a very distinguished lawyer and orator and member of the United States Senate. He began the practice of law at Circleville, Ohio, about the year 1810. practiced law at Circleville and Columbus, where he resided for some time, and then returned to Circleville. Mr. Folsom was a man of very ektensive information. He never held any office except that of prosecuting attorney of Pickaway and Madison counties. His descendants reside in Circleville. Besides those attorneys who were judges and prosecutors of the courts of Madison county, the following have practiced law at this bar : James K. Corey, Noah H. Swayne, John W. Anderson; Brush & Gilbert and P. B. Wilcox, of Columbus. From Urbana came Moses. Corwin and John H. Young from Circleville, Joseph Olds, St.; from Chillicothe, William Creighton and Henry Brush, the latter of whom settled in Madison county and died on the farm west of town owned by 'Frank and Horace Jones. From Xenia came John Alexander, and from. Springfield, Charles Anthony; William A. Rodgers, Samson Mason, William White, and perhaps a few others from the several towns and adjoining counties. FORMER RESIDENT ATTORNEYS. The first lawyer to locate in London was A. D. Vanhorn, a native of Vermont, who came here in 1819. He made his home at the hotel of Phillip Lewis and is said to have been a fine looking man and a lawyer of considerable abiiity. We find his name on record as prosecuting 'attorney in 1820, and that he died shortly after. The next lawyer to settle in London was Patrick G. Goode. He came from Xenia in the spring of 1821, and from July, 1821, until October, 1822, was prosecuting attorney of this county. He possessed an overpowering appetite for strong drink, and after remaining here about two years removed to Sidney, Ohio. Soon afterward he abandoned his drinking habits, was joined by his, wife, who had previously separated from him, became judge of the court of common pleas in that district and a member of Congress, and during the remainder Of his life was one of the most prominent men" in that part of Ohio. Samuel N. Kerr was the next lawyer to locate in London. He was born in Miami county, Ohio, studied law at Troy, was admitted to the bar and located here in 1824, He boarded at the Phillips House and subsequently married a daughter of Colonel Lewis. He practiced his profession for many years in this county and accumulated considerable Property he was prosecuting attorney of this County from 1825 to 1836, inclusive, and again lit 1839-40. baring considerable Period of the county's history he was they only resident lawyer and is said to have been a good one. About 1851 he removed to it farm which he purchased near Peoria, Illinois, and spent the remainder of his days in that state, where he died Isaac N. Jones and William R. Roberts were the next to "hang out shingles" in London. The former cable from Tennessee and was prosecuting attorney in 1837-8 In the fall of, 1840 he removed to Philadelphia arid engaged in merchandising then he removed to Missouri, where he followed his profession, with considerable success. While in London, he married a daughter of George Phifer. a well khown pioneer of Madison county: Mr. Roberts came from Philadelphia to Ohio and settled In London about 1838 after a short residence, he removed to Indianapolis, where he married a rich wife and MADISON COUNTY, OHIO - 399 became much respected. He did not practice law and we are not advised of any further facts in his history.   James F. Freeman was born in Belmont county, Ohio, in 1815; and received the advantages of a common-school education. At the age of twenty-one In 1838; he entered the law office of Samuel N. Kerr, of London and was admitted to the bar soon afterward. He immediately began the practice of his profession in London and devoted to it the whole of his energies until shortly before his death which occurred at Harrisburg, Franklin county, in 1857. He was appointed clerk of the court in 1839 to fill the vacancy occasioned by the death of John Moore, and served in that capacity until May, 1841. During. the years 1852-3 he served as prosecuting attorney of the county. Mr. Freeman was a man of much ability, a good lawyer, a 'keen observer and a ready speaker. Henry W. Smith was one of the early members of the Madison county bar. He was born in Oneida. county; New York, in 1814. His ancestors were from Great Britain and located in Massachusetts and Connecticut. He was educated in the common schools and at Oswego Academy, New York: In 1838 he came to Circleville, Ohio, and began the study of law, with H. A. Hedges, completing his studies with G. W. Doane: He was admitted to the bar in 1840 and settled in London. He was elected prosecuting attorney in the fall of 1840, in 1842 and. in 1844, thus holding the office for six consecutive years. In 1856 he was appointed to fill a vacancy in the seine office, and was again elected in 1860 and again in 1864. In the fall of 1848 he was elected to represent Madison, Clark and Champaign counties in the General Assembly of Ohio, and was re-elected in 1849. He was a very active and useful member of the General Assembly and was the author of several important laws now upon the statutes. In the fall of the year 1853 he was elected to the Senate from the district composed of the counties of Clark, Madison and Champaigin, he was appointed by President Giant assessor of internal revenue for the seventh district of Ohio and served for about three years, collecting for the government during time over two millions of dollars in revenue He had two brothers who became distinguished generals in the army during the Civil War, Brig.-Gens: Morgan L. Smith and Giles A. Smith: Mr. Smith was a very competent business lawyer and enjoyed the respect and confidence of the people. He died on April 5, 1890. In 1843 Z. T. Fisher, a one-armed man and a native of Delaware County, Ohio, where he had read law and had been admitted to practice, located In London. From 1847 to 1851 he Was prosecuting attorney of Madison county and represented the county in the General Assembly in 1852. and 1854; soon afterward he removed to Iowa, where. he continued to practice his profession and died there; John L. McCormack was born in London, Ohio, and was a son of Thomas McCormack. He. was elected prosecuting attorney in the fall: of 1857, and in 1858 resigned and removed to the state of Iowa, where he became editor of a paper and achieved prominence and success in that state. Robert M. Hanson was born; in Madison county, Ohio, in 1837. He was left an orphan at an early age. He attended the district schools until near the age of maturity, when he entered the Miami University at Oxford, Ohio where he was student for some time. He studied law with Hon H. W. Smith, and in the meantime taught school several terms. He was admitted to the bar late in the winter of 1860-61. Before he could get located to practice law, President Lincoln called for seventy-five thousand volunteers. Mr. Hanson was among the first to enlist first to enlist a private in Captain Acton's company for a period of three months. At the end of this service he was appointed captain of Company B, Ninety-fifth Ohio. Volunteer Infantry; and was mustered into the service again in August; 1862. He served until the lose of the war and was discharged in July, 1865; in the fall of 1865 he was elected representative from Madison County,