PREBLE COUNTY, OHIO - 175 the middle line of section 12 of Monroe township, and runs a straight line through Verona, to about the center of the north line of the northwest quarter of section 1, of said township,. Verona being the only stop in the county. The Cincinnati, Jackson & Mackinaw railroad was started about :1883, and was projected to pass through the county seats of all the western counties of the state. The promoters called for subscriptions and right of way along the line of the proposed road, but did not meet with any great response in Eaton or vicinity. As Lewisburg, West Alexandria, Farmersville and Germantown had no railroad and earnestly desired one, they got on a tremendous hustle arid raised many thousand dollars to bring the road through these towns. They procured a great part of the right of way, and so earnest were they and so substantial their donations, that the promoters agreed to bend the line at West Manchester, and come that way. Then the people of Eaton woke up and secured the needed help, but it must be recorded to the honor of the promoters, that they kept faith with the hustlers and the road was built through the towns named. It was commenced in this county in 1885 and finished in 1886. About 1908, after being in litigation for some time, it was purchased by the New York Central system and added to and became a part of the Big Four division. It passes through Monroe, Harrison, Twin and Lanier townships. About 1861, the Richmond & Covington railroad was chartered to build a railroad from Covington through Greenville to Richmond, Indiana, and was completed during the Civil War. It comes into this county in section 4 of Jefferson township, and runs southwesterly in the Whitewater valley to New Paris, from which point to Richmond it used the tracks of the Dayton & Western Railroad. Some three or four years after the war it was leased to and became a part of the Columbus, Chicago & Central Indiana railroad, and in 1883 it was leased in perpetuity to and became a part of the Pittsburg, Cincinnati, Chicago & St. Louis system of the Pennsylvania company, joining the main line from Columbus to Chicago at Bradford junction. Some of their fastest trains are run over this line, notable among them being the limited mail. From New Paris to Richmond it is double track, and at New Paris is a switch tower and watchman on duty. It was a hair-raising experience to the writer, a year or more ago, to stand in the tower and look up and down the valley over a mile in each direction and see two great trains loaded with human freight rushing towards each other at fifty miles per hour, as if each tried to reach the junction first, but the levers worked and there was a rush and roar, followed 176 - PREBLE COUNTY, OHIO. by a second rush and roar, and each sped on its way in safety. But the possibilities seemed to make me stop breathing for a minute or two. The Dayton & Western Traction Company in 1897 projected a line of electric interurban railroad from Dayton to Eaton, along the north side of the right of way of the Dayton and Western turnpike, which for years had been unremunerative. Dr. J. E. Lowes, of Dayton, the promoter, conceived the idea of buying the turnpike stock, which he did for a nominal sum; then he granted to the traction company the right of way, then asked for the county commissioners to appraise the bridges and road, which was done, and he sold the bridges to the county and the turnpike became a free road. In 1897-98 the road was constructed, and the first passenger car reached Eaton on July 3, 1898. Oscar Sheppard was the attorney in this county who assisted in the building of the road. Doctor Lowes sold the controlling interest in the road about 1900 to Valentine Winters, of Dayton, who, in 1903, built the line along the north side of the turnpike to Richmond, laying a spur track from New Westville to New Paris, a distance of two and one-half miles. The line was surveyed and constructed under R. K. DeMotte and A. L. Reid as the engineers. In 1906, it was leased in perpetuity, or ninety-nine years, renewable, to the Indiana, Columbus & Eastern Traction Company, and is doing a fair business, operating cars each way every hour from 6 :00 A. M. to 11:00 P. M. every day, its passenger traffic being far in excess of the steam railroad, together with a considerable freight traffic. COMPETITION AND EXPEDITION. In 1896, an interurban electric railroad was projected from Dayton through Greenville to Union city, which practically parallels the Dayton & Union railroad (steam), heretofore described. A company was formed and the road built, passing through this county, across section I of Harrison township, through Verona, there being not to exceed about one mile of road within the county, and lying just northeast of and parallel to said steam railroad. It changed hands a time or two and finally about the same time as the Dayton & Western Traction line through Eaton, it passed into the hands of the Ohio Electric Railroad Company, the present owners. It was completed in this county in 1897. In the early fifties the Louisville & Sandusky railroad was projected through this county. Starting from Eaton, northeast through Euphemia and Lewisburg, much work was done, miles of grading and at Banta creek PREBLE COUNTY, OHIO - 177 abutments some forty feet high were built, and at Euphemia great stone arches to carry the road over the streets, and a very high grade built through a part of the village. Some one hundred and fifty thousand dollars or more was spent in this and adjoining counties, but the company became embarrassed and in 1855 the panic finished the company. Since then nothing has been done, except the people along the line have removed much of the stone and again smoothed out the ground for farming. Then another road, called the Evansville, Bellefontaine & Lake Erie, was projected and surveyed across the county from the northeast part, through Eaton to the southwest part of the county, and some work done in other counties, but none in this. It died young. There have been other surveys for proposed lines across the county, and some of them may yet be built, but all seem to be under a total eclipse at present. No railroads of any kind touch Gratis, Israel or Dixon townships at this time. (12) CHAPTER IX. AGRICULTURE AND STOCK RAISING. Preble county is essentially an 'agricultural county, and one of the best in the state for the raising of all the crops grown generally by the farmers of our state. But some crops produce better results in certain parts of the county than in other parts, because there seems something in the soil that these crops demand. It is being admitted that the lands drained by Big Twin creek produce the best yields of wheat and tobacco, while the western part of the County is admitted to be the great corn-producing section of the county. Of course, there are farmers scattered over the county who may challenge those statements, but when the areas mentioned are considered as a whole, I think the statements will be admitted to be correct. Corn does exceedingly well everywhere, and this fact has led our farmers to be great and successful raisers of hogs for market. A number of our citizens in the past, and some yet living, have devoted themselves to the improvement of the various breeds, notably Poland China, Duroc Jersey and Chester White, and are known in many states as successful breeders, bringing home many red and blue ribbons from various state fairs. In the year 1914, it is claimed that more than five hundred carloads of hogs were shipped to market, so that it may be said that the dying out of the distilleries increased the pork business. THE FRAGRANT WEED. The first tobacco raised in the county was in the. Twin creek valley some twenty years previous to the Civil War. The raiser had trouble finding a buyer, but when he finally did sell, the crop was so remunerative that it induced him and some of his neighbors to continue the experiment, which they did with success. Its. culture had secured a good start when the Civil War came, and the demand for cigar tobacco increased largely by reason of the lack of southern tobacco that had been largely used for smoking. This demand made the tobacco crop ,a much more paying crop than any other. It spread rapidly and has become a permanent feature, until today PREBLE COUNTY, OHIO -179 it is perhaps true that Preble, Darke and Montgomery counties raise one-half of the tobacco raised in the state. There are also many cattle and horses raised in the county, but sheep seem to find less favor, there being less sheep in the county now than forty years ago. The reason may be that while the assessor's returns show less sheep, they also show more dogs. The assessor's returns show that there are one thousand seven hundred and eighty-three dogs and only five thousand two hundred and ninety-six sheep in the county in 1914, being a decrease. of nearly three thousand sheep in four or five years. THE COUNTY FAIR. The Preble County Agriculture Society, now called the Preble County Fair Board, was first organized in 1850, the charter members being, Levin T. McCabe, Jesse Stubbs, Newton Larsh, Peter Shidler, Jacob Smith, Henry Montfort, and Enoch Taylor, who have all been gathered to their fathers. FROM SMALL BEGINNINGS. The first fair was held in 1851, using the court house for the household display, while the stock show was held on the land south of Israel street, between Barron and Maple streets, which was then a field of the Hardin Bruce farm. The premium list called for three hundred and eleven dollars for the displays, which included all farm crops raised, and cattle, horses, sheep, and hogs. In 1852, the house display was made in a building on the east side of Barron street, just south of the first alley north of Main street, while the stock show was held on the land east of Barron street, and north of High street, which was then an open field. The admission was fifteen cents. In 1855, the society purchased ten acres of land east of the railroad and north of the present fair grounds, and it continued to be held at that place with varying success. It becoming apparent each year that the grounds were inadequate, and after much discussion, the present fair grounds of about forty-five acres were purchased by the county commissioners in the name of the county in 1866. The society sold the old grounds and used the money in the erection of buildings on the new fair grounds, since which time it has been and is in reality a county fair, the board consisting of one member from each township and a president, or thirteen members in all. From those small beginnings the fair has grown until today it is one of the best county fairs of the state. Each year may be seen all manner of 180 - PREBLE COUNTY, OHIO. stock and poultry, competing for the prizes, that have been successful competitors at the state fairs of this and neighboring states, and they did not always win a prize in this county either. So much has it come to be recognized as a county institution, that most of the schools of the county close on Thursday and Friday of the fair week, and it seems that everybody and their cousins and aunts are at the fair, the grounds being crowded almost to overflowing. Conservative judges have placed the number at twenty thousand present on Thursday, several times in recent years; while some enthusiasts place it much higher. The fair is generally held in September, and, of course, the excellency of the races on Thursday and Friday bring many people. In 1914, it was claimed that over twenty-two hundred autos entered the grounds. Of course, each year our fair board advertises the fair far and wide. Those who attend once generally repeat, and on the two days mentioned the Pennsylvania railroad runs special trains, and the interurban railroad doubles its car service to carry and care for the crowds in attendance. LINCOLN'S APHORISM RECALLED. Every citizen of the county who holds a one dollar membership ticket has a vote for the fair board members, whose terms expire one half each year, which vote is generally cast on the last day of the fair. Our people are sensible enough to continue the members so long as they give us a good fair, but if they fail for a couple of years, the people swap horses. Hence for many years past no effort is spared to insure success, and at the fair, no matter what the provocation, each member of the board wears a smile that will not come off, while he is stern and unrelenting in his 'calling down fakirs, who are attempting a swindle. John Kaylor was prominent in organizing the first fair, and his son, J. J. Kaylor, was president of the fair board for a dozen or more years, retiring but a year or so ago. The disease must have got into the family blood. CHAPTER X. PROBATE COURT. Under the 1802 Constitution of Ohio, in each county there were appointed not less than two nor more than three associate judges, who were residents of the county, a quorum being two, and who had jurisdiction, generally speaking, of all probate matters within the county and certain contested election cases and the power to hear misdemeanor and criminal matters and to bind the accused to answer the grand jury. When the common pleas court was held at least two of the associate judges sat with the presiding judge to hear the case. They were appointed to serve such term as law required, but not to exceed seven years. Thomas Kirker, acting as governor of the state, on February 16, 1808, duly appointed James I. Nisbet, John Meroney and John C. Irwin associate judges of Preble county, and they met at the house of Samuel Hawkins in Eaton on March 15, 1808, and elected William Brown clerk pro tempore, and the first business done was to divide the county into four townships, as set out in the chapter on organization of the county. They then appointed Alexander C. Lanier county recorder, and ordered that six justices of the peace be elected in April, 18o8, and adjourned. On April 9, 18o8, they met and abstracted the vote of the April election, and swore Lanier into office as recorder, and adjourned. On May 16, 18o8, the former clerk, having resigned, they chose Alexander C. Lanier as clerk. "NOT GUILTY." On June 7, 1808, Samuel Parks was brought before them charged with stealing two horses, and pleaded not guilty. The case was heard by them and he was acquitted. They then settled with the county commissioners, and allowed each of them $5.75 for their services for the preceding two months. On February 28, 1809, John Ladley was, on the oath of his wife, Nancy Ladley, brought before the judges, charged with having broken the "goal" of Newport, Kentucky, and also with threatening and abusing her (his wife) and plead guilty to breaking jail of Newport, but the court adjudged that not to be an offense against the laws of this state, and tried 182 - PREBLE COUNTY, OHIO. and acquitted him on the other charge. Just as he was dismissed, a constable from Kentucky came into court with a warrant for Ladley's arrest for having stolen a mare in Kentucky and the coroner was ordered to take the prisoner to the Ohio river and turn him over to the Kentucky constable. On April 20, 1809, John Kirby was granted a license to keep a tavern in Eaton. The first letters of administration were granted on November 1, 1809, to William Denniston and Sarah Denniston, on the estate of James Denniston, deceased, and they gave bond in the sum of four thousand dollars. On November 24, 1810, the first will, that of John Shoeman, was probated and proven by three witnesses. Katherine Shoeman and Henry Eikenberry were named as executors and gave bond in the sum of two hundred dollars. On July 20, 1812, Peter Bowers was tried for stealing "one-half crown" of George Worthington, and was acquitted. This shows that the memory of English coins still lingered. On July 6, 1814, the last will of Samuel Hawkins, deceased, was probated and recorded. This is given because the deceased was so prominent in the organization of the county. On October 15, 1814, the court abstracted the vote of the county and found that Thomas Worthington had for governor in the county one hundred and fifty-eight votes, and Othniel Looker for the same office had one hundred and ninety-four votes. APPOINTING ADMINISTRATORS. On May 6, 1815, Cornelius Van Ausdall was appointed administrator of the estate of Phoebe Van Ausdall, and from this date the court records show frequent appointments of administrators. The first insolvency case was that of William Miller, on February 9, 1819, who was adjudged. insolvent on his petition. July, 1819, David Shankland was appointed as guardian of Edward McGuire, being the first guardian appointed in the county. It seems that there was not in those days such great objection to a man holding two offices, as there is now, for on April 20, 1809, the other two associate judges, in the absence of Judge Nisbet, elected him county surveyor, and certified him as such to the governor, and he served as county PREBLE COUNTY; OHIO - 483 surveyor and associate judge, and in the road records of the county his name will be found as the surveyor of roads, laid out for many years later. The roster of the associate judges 1808—James I. Nisbet, John Meroney, John C. Irvin. 1813- Abner Dooley, Alexander Mitchell, James, I. Nisbet.  1816—Jacob Romaine, Abner Dooley, James I. Nisbet. 1819—Peter Van Ausdel, Jacob Romaine, James I. Nisbet. 1822—Walter Buel, Henry Montfort, Peter Van Ausdel. 1829--Samuel Tizzard, James McClurg, Peter Van Ausdel. 1830—John Denney, James McClurg, Peter Van Ausdel. 1832—Henry Montfort, John Denney, Peter Van Ausdel. 1833—John Acton, John Denney, Henry Montfort. 1834—George Taylor, John Acton, Henry Montfort. 1835—Robert Martin, John Acton, Henry Montfort. 1838—William Curry, Robert Martin, John Acton. 1840—Peter Shidler, Robert Martin, William Curry. 1844—Samuel Robertson, Robert Martin, Peter Shidler. 1845—William Hall, Robert Martin, Peter Shidler. 1846—Peter Shidler, William Hall, James Gardner. 1849—James Gardner, William Hall, Benjamin Neal. In 1851, Benjamin Neal resigned, or refused to serve longer, and on May 21, 1851, Jacob Chambers was appointed and the court as thus organized continued to February 9, 1852, when first the probate judge began service. On September 1, 1851, the new constitution, adopted by the vote of Ohio electors on the third Tuesday of June, 1851, became effective, and by the Legislature a law was enacted calling for the election of a probate judge for each county, whose court should be open the whole year. 5o Ohio Laws, page 311. Under that system we have ever since operated, the probate judge being elected for three-year terms, and if more time is indicated, they were re-elected for a second term. The probate judges of the county: John V. Campbell, 1852-8. George W. Gans, 1858-1864. George W. Thompson, 1864-1870. John W. King, 1870-1876. Andrew L. Harris, 1876-1882. Robert W. Quinn, 1882-1888., William A. Neal, 1888-1894. John A. Moore, 1894-1900. C. C. Foos, 1900-1906. Vergil V. Brumbaugh, 1906-1909. Then term changed to four years. Arthur D. Davis, 1909, present incumbent. 184 - PREBLE COUNTY, OHIO. THE "PEOPLE'S COURT." The probate court and its actions and procedure are given so fully, because it is the court that comes more completely in touch with all the people of the county than any other in relation to estates, wills, guardians, trustees, assignees, and orphans, so that it is often said that it is the people's court. The law makes it the court's duty to carefully examine the proceedings and charges of all executors, administrators, guardians and trustees, and see that those who deal with and charge fees against estates and trustees shall deal fairly and honestly with those whose interests are ill the power and keeping of those holding the estates, and it must be said to the honor of our higher courts, that it must plainly appear that the probate court has exceeded its power, or abused its discretion, before they reverse the decision of the probate court. CHAPTER XI. COURTS AND BAR. THE COMMON PLEAS COURT. In the year 1813 an amendment to the constitution was adopted requiring that there should be at least one judge of the court of common pleas elected in each county. Before that the state was divided into judicial districts and sub-districts. Sometimes a sub-district contained many counties, and, of course, the larger and more populous counties then, as now, in the conventions generally voted the nomination and controlled the choice. In the early days of the state the judge traveled around his district from county to county, generally on horseback, and held court two or three terms a year in each county. Until about 1840 attorneys from neighboring counties often accompanied the judge and were employed in cases to be heard. This was called "traveling the circuit," and many able lawyers thus following the court came to this county and were heard in our court house who later acquired national fame. I have heard mentioned George B. Holt, Peter Odlin, Henry Stoddard, John McLean, Charles Hammond, Joseph H. Benham and Thomas Corwin and a number of others who can not be now remembered. The above list wll show that legal ability and oratory were not lacking in those early days, and the juries must often have been treated to brilliant displays of forensic ability and skillful and scientific legal fencing. The first session of the common pleas court was held in Eaton at the house of Samuel Hawkins, August 23, 1808, .by Judge Francis Dunlavy, of Lebanon, assisted by the three associate judges, who were all present; of course, the law requiring at least two of them to attend. Alexander C. Lanier was clerk, and Samuel Mitchell, the coroner, acted as sheriff, because of the -contest begun by James Deniston against Jacob Fudge for the office of sheriff, and Mr. Fudge could not act until the court heard and decided the case. 186 - PREBLE COUNTY, OHIO. PROTECTION VERSUS FREE TRADE. The grand jury was sworn and placed in charge of John Spacht, constable, as the bailiff, and John Halderman was made foreman. The court appointed Joshua Collett, an attorney of Lebanon, who was traveling the circuit, as prosecuting attorney, because there were no attorneys in the county. The grand jury returned two indictments for retailing goods, wares and merchandise that were not the growth or manufacture of the United States, without first obtaining a license. One indictment was against Mary Wallein, of Somers township, and she pleaded guilty and was fined six and a quarter cents and costs, which she paid and was discharged. Another was against Philip Gunckle, of Montgomery, county, but lie produced the receipt of the county treasurer that he had paid four dollars and twenty-five cents, the regular license fee for the county, and he was discharged. Several licenses to sell foreign goods were issued, and three licenses were issued to sell spirituous liquors. The sale of liquors by the drink at that time was almost wholly done by taverns, as all hotels were then called. The contest against Jacob Fudge was called the first day and the plaintiff came not. It was continued to the second day and the plaintiff was again solemnly called, and again he came not, and the court decreed that "the contest be dismissed at plaintiff's costs and that the sheriff-elect stand as sheriff of course." The court granted an order allowing Joshua Collett ten dollars for services as prosecuting attorney for the term. THE MARKET PRICE OF HOGS. The first criminal trial of the county was on an indictment returned by the grand jury April term, 1809. James Sutton, of Somers township, was charged with stealing "one hog of the value of twenty-five cents," and pleaded not guilty, and Nathan Hornaday, Samuel Holliday, Samuel Stubbs, William Shipper, Isaac Enochs, Samuel Huston, Andrew Thorp, Frederick Miller, Hezekiah Hardesty, William Steel, Hugh Hamel and George Worthington, the first criminal jury impaneled, found him not guilty. The first civil suit was by John Compton aganst Samuel Hawkins, for twenty-five dollars and forty-two cents, for which, with costs, he recovered judgment. The first partition suit was brought August, 1814, by Lazarus Lankston to partition fifteen acres in northeast quarter, section 28, township 4, PREBLE COUNTY, OHIO - 187 range 3 east, and it recites that all the children of deceased but one are residents of North Carolina. The prosecution of violators of the liquor laws began early in the county, for at the December term, 1813, the grand jury indicted Thomas Murry, late of the township of Hardin, in the county aforesaid, did, on December 10, 1813, in the county aforesaid, without having obtained a license or permit as the law directs, sell and deliver for money to one Philip Helm, spirituous liquor, called whiskey, by less quantity than one quart, to wit : by the gill, contrary to the statute, and against the peace and dignity of the state of Ohio, to which Murry pleaded guilty and was fined. So the fight began in this county, and the end is not yet. EXPONENTS OF A NATIONAL PASTIME. In 1810 two men, Tobias Perkle and Henry Keck, of Twin township, were jointly indicted by the grand jury for unlawfully agreeing together to fight at fisticuffs, "and that they and each of them both together did fight at fisticuffs, etc., against the peace and dignity of the state of Ohio." After delaying the matter a term or two, they both pleaded guilty and were assessed a small fine each. Their method of settling a personal dispute, while not to be commended, seems far superior to a jawing or slanderous backbiting match that we often see people engaged in. Under the Constitution of 1802 the judges were appointed by the Legislature for the term of not over seven years, and under the Constitution of 1851, under which we now live, they were elected by the people of each judicial district or sub-district for the term of five years, and in 1905 an amendment to the constitution made the term six years, and in 1912, by another amendment, at least one judge must be elected in each county for the term of six years, always provided they did not sooner die, resign or be removed from office for misconduct. In our district we have had judges die and resign, but have never yet suffered the disgrace of having a judge removed from office for his misconduct. These statements will help in understanding the list of judges given where the date of appointment is given, as the length of time served by a number of the older judges can not now be ascertained without reference to the files of the secretary of state, and some filled vacancies only: 1808—Francis Dunlay, of Warren county. 1817—Joseph H. Crane, of Montgomery county; two terms. 1820—Joshua Collett, of Warren county. 188 - PREBLE COUNTY, OHIO: 1829—George B. Holt, of Montgomery county, and in 1843. 1836—William L. Halfenstein, of Montgomery county. 1850—John Burr, of Darke county. 1851—Abner Haines, of Preble county. 1852—William A. Rogers, of Darke county. 1855—Robert B. Harlan, of Preble county. 1857—James Clark, of Butler county. 1857—William M. Wilson, of Darke county, to vacancy. 1858—William J. Gilmore, of Preble county ; two terms. 1860—Alexander F. Hume, of Butler county. 1864-1873—David M. Meeker, of Darke county ; four terms. 1866—William Allen, of Darke county. 1875—Alexander F. Hume, of Butler county ; three terms. 1879—James A. Gilmore, of Preble county. 1884—John W. Sater, of Darke county. 1890—Ferd Vandiver, of Butler county. 1894—John C. Clark, of Darke county. Elam Fisher, 1895, two terms five years and one term six years, of Preble county. A. C. Risinger, 1911, present incumbent of Preble county. It must not be understood that the judges named succeeded each other in our county in regular order, because this county was a part of the judicial sub-district composed of two or more counties, and the judges in that district had to come here and hold the court, at such times as they arranged between themselves, which, since the 1851 Constitution became effective, has been at least three times each year. The time of holding court is called the term and named as of that month on which the term begins. A LIST OF OFFICIALS. The clerks of the court under the 1802 Constitution were numerous and were appointed by the court as needed, and frequently were designated as pro tern. clerks. Those so far as known who were regularly appointed and served as clerks are : 1808—Alexander C. Lanier. 1816—Walter Bud. 1819—Joseph C. Hawkins. 1833—F. A. Cunningham. 1846—R. S. Cunningham. PREBLE COUNTY, OHIO - 189 Under the 1851 Constitution they were elected for three-year terms and often re-elected, and are: 1852—Lewis B. Ogden. 1858—C. W. Larsh. 1864—Hiram Shank. 1870—D. B. Morrow. 1873—W. D. Quinn. 1879—John Townsend. 1882—John R. Cook. 1888—L. D. Lesh. 1894—W. W. Kinsey. 1900—L. L. Brown. 1906—John Jones. 1913—L. L. Brown, present incumbent. In 1908 the term was changed to two years each. PROSECUTING ATTORNEYS. The prosecuting attorneys for the county have been: 1808—Joshua Collett. 1818—David F. Heaton. 1828—John M. U. McNutt. 1833—Solomon Banta. 1834—John C. McManus. 1837—Felix Marsh. 1838—Solomin Banta. 1843—Felix Marsh. 1846—George W. Thompson. 1850—Marcus B. Chadwick. 1852—William J. Gilmore. 1854—Marcus B. Chadwick. 1856—Robert Miller. 1862—L. C. Abbott. 1866—John W. King. 1870—I. E. Freeman. 1873—John V. Campbell. 1874—I. E. Freeman. 1877—Winfield Freeman, who resigned, and I. E. Freeman filled the term. 1879—I. E. Freeman. 1882—A. M. Crisler. 1888—John Risinger. 1894—A. M. Crisler. 1897—E. P. Vaughan. 1900—Michael Cahill. 1909—Hugh R. Gilmore. 1915—P. A. Saylor, present incumbent. SHERIFFS. To complete the courts it is necessary to name the sheriffs who have been elected to the office: 1808—Jacob Fudge. 1812—Paul Larsh. 1814—Samuel Ward. 1818—Paul Larsh. 1822—John J. Hawkins. 1826—John L. Dickey. 1830—John P. Wilson. 1832—John Quinn. 190 - PREBLE COUNTY, OHIO. 1836—John L. Dickey. 1840—George D. Hendrix. 1844—Lott Lee. 1848 --- James Samson. 1852—John DeGroot. 1856—William Bauer. 1860—John R. McCleaf. 1864—Moses Nelson. 1868—John H. Bostwick. 1872—John Townsend. 1876—William H. Snyder. 1880—Court Corwin. 1884—Daniel Peters. 1888—Will Waters. 1892—James W. Johnston. 1896—A. L. Borradaile. 1900—Barney Huffman. 1904—John W. Hoffman. 1908—W. S. Boner. 1912—Ed alerts, present incumbent. The coroners, as originally intended, were next to the sheriff, and in cases where he could not serve the coroner acted as sheriff, and the coroner was and can be elected from the laymen of the body politic, the same as the sheriff, and those duties are yet imposed by our laws upon the coroner. For a half century or more the coroners have been doctors, because of the peculiar duties imposed upon them, and hence are not popularly regarded as court officers. The list, so far as known, of those who have filled the office of coroner, is given in the roster of county officers. A GLANCE AT THE LAWYERS. There have been, including those now living, over one hundred attorneys, who have been admitted to practice law in the courts of this county, and who have to some extent at least been identified with the bar of this county. Some removed and made their homes in other cities and states, a number of whom rose to prominence in their adopted home, but the larger, much larger, number have gone to the Great Court of Last Record, where we hope the review of their cases will show no prejudicial error and that the judgment will be satisfactory in each case. It will be impossible for lack of space to give even a list of all who could be named, and it would be exceedingly dangerous to enter into a discussion of the merits and demerits of the living practitioners, hence I shall content myself with mentioning some of the most prominent and most-talked-of attorneys, who have crossed to the other shore, not forgetting those whom I knew and associated with in the practice and many of whom I learned to love and admire for their many manly qualities. The first lawyer who actively practiced to locate in the county was David F. Heaton, born in North Carolina in 1792 and learning the tailor business. About 1812 he started in business at Franklinton, as that part of Columbus west of the Scioto was called, and enlisted as a staff officer of PREBLE COUNTY, OHIO - 191 General McArthur in the War of 1812. After the war he went to Lebanon, where he and Thomas Corwin studied law together in the office of Thomas Ross, and a year or so later was admitted to the bar, and it seems came to Eaton to locate, for on September 7, 1818, he was appointed prosecuting attorney and the next year the county commissioners paid him $53.33 for one year's service. He was a Whig in politics and was elected either to the Senate or as a representative, for eight years from 1824, where lie made a specialty of roads and land laws. In 1836 he removed to Washington, having been appointed to a clerkship in the land office, and remained there until 1845, when he moved to Portsmouth, Ohio, and practiced law until his death in 1871. A MANY-SIDED MAN. John C. McManus, born in Pennsylvania in 1787, was the second lawyer to locate in the county. When a young man he was a government, surveyor of Illinois lands and afterward studied law in Schenectady, New York, being admitted to the bar in 1812. He then came to Cincinnati and soon enlisted in the army of the Northwest for two years. In 1814 he located in Hamilton to practice law, and in traveling the circuit with the court he often visited Eaton, to which he removed in 1818, and in 1820 returned to Butler county for three years, settling and adjusting matters of his deceased. father-in-law, when he again returned to this county and settled in Jackson town- ship and continued to reside there until his death in 1852. He served as auditor and prosecuting attorney. He also served for five years as county surveyor, and was one of the best surveyors. He served for about twenty years as justice of the peace, and also taught school for a number of years, and it is said that he tried to adjust and settle all controversies and only had a suit when all peaceful means failed. He is said to have been loved and respected by all for his learning, fairness and fearless espousal of the right, his gentlemanly and courteous conduct, and his efforts to help his fellow lien. He is buried in what is called the Frame cemetery, in section 25, Jackson township. Perhaps the most talked about among the lawyers of that early period is John K U. McNutt, for his brilliancy, quick wit and generous nature. Born of American parents, who lived in Nova Scotia, July 25, 1802, he received a college education, and came to New Lexington in 1822, and for two years taught school and studied law, and was admitted to practice in this county in July, 1825, and three years later was appointed prosecuting attorney. and held the office for five years. In 1828 he was elected representative 192 - PREBLE COUNTY, OHIO. in the Legislature and served two years, and in 1832 was elected to the Senate and was regarded as one of the able men of the Legislature. He continued the practice of law until his death in 1837, and is said to have had the most remunerative practice of the county and to have been an unusually successful advocate before the juries of those days. Of nervous temperament and quick perception, he was resourceful and seldom caught unaware, but, withal, fair with the jury and to his opponent, abiding by the record made and holding up the strong points of his case. He acquired the reputation of not misleading, which weighed heavily with the jury in their deliberations. In 1828 he married Jane C. Hawkins, the daughter of Joseph C. Hawkins, the clerk of the court, by whom he had one son, Joseph Gideon McNutt, born in 1832, and who was admitted to practice in the. early fifties, but soon removed to Richmond, Indiana, and died there about 1877. The subject of this sketch delivered a number of public addresses, which were much praised by our older residents for their ability and learning. SOLDIER AS WELL AS LAWYER. Joseph Sevier Hawkins, generally called and known by the name of Sevier Hawkins, was born in Eaton, October 24, 1812, a son of Capt. Joseph C. Hawkins, and a grandson of Samuel Hawkins, who was so prominent in the early organization of the town and county. He was given what is called a common school education and in 1828 became a student in Miami University, but on account of some prank of the students he was suspended for a term, after attending three years. He always claimed the suspension was unjust and never again visited the university until he went back as a trustee. He was a fellow student with Robert C. Schenck, Charles Anderson, Abner Haines and Felix Marsh, who were later men of more than local fame. After returning home, he studied law under his brother-in-law, McNutt, and was admitted to practice at Dayton at the same time as his classmates, named above, and began the practice of law at Eaton with his brother-in-law. In 1840 he was elected a representative in the Legislature, and re-elected four times, and in 1848 was elected speaker of the House. He continued the practice of law in partnership with A. J. Hawkins and W. J. Gilmore, and was regarded as the foremost member of the bar and one of the most successful before court and jury. He recruited a company for the Mexican War and was given a commission as captain, but as the quota of soldiers for Ohio was filled when he reached Cincinnati he was sent home and disbanded the company. Always PREBLE COUNTY, OHIO - 193 a Whig, he was earnest and energetic in the advocacy of his party principles. He died in August, 1852. A PRACTICAL ABOLITIONIST. Hon. Abner Haines was born in North Carolina, in March, 1804, and when but four years of age he was brought to Clinton county, Ohio, with his father's family, and worked on the farm, going to school winters until and before he became of age he began teaching school. In 1826 he came to Eaton and taught school a couple of years. He entered Miami University and by teaching in the winters and working in the summers he succeeded in securing a good education. In October, 1829, he married Nancy Thornberry, of Camden, who bore him one son and died within a year. He studied law under J. M. U. McNutt, and was admitted to practice in July, 1831, and removed to Centerville, Indiana, and began practice of the law there. In November, 1832, he married Lydia Leas, and to them were born five sons and two daughters. It is related of him that during the winter of 1831-2, two strangers abducted a negro boy in Richmond and took him west, intending to sell him into slavery, and did take him to St. Louis and sold him as a slave. Haines was employed by the Quakers to trace them and release the boy. With a young man named Gaar, he succeeded in trailing them across Indiana and Illinois to St. Louis, located the boy, got out a writ of habeas corpus, and, establishing the boy's identity, he was released. Haines brought him back to Richmond, making the round trip on horseback. The kidnappers had disappeared and were never found. This feat, of course, raised the fame of Haines and rendered him well known over a wide area. He returned to Eaton about 1837 and soon became one of the leading attorneys of the county. He took quite an active part in the location and construction of the Eaton & Hamilton railroad. In 1851 he was elected judge of the court, but after about four years resigned. He never forgot his Quaker training and was always bitterly opposed to slavery. When the Civil War began he left his party and supported the Republicans until 1872, when he returned to the Democratic party. In 1876 he was elected to the State Senate. In March, 1877, while at Columbus, attending the session of the Legislature, when leaving a meeting of a Senate committee, he passed along a dimly lighted hall, and, stepping through an open door to the basement stairs, he pitched head-foremost to the bottom, alighting on his head and breaking his neck. (13) 194 - PREBLE COUNTY, OHIO. He was a large, tall man, inclined to be portly, always social and jovial; one of the wittiest members of the bar, loving a joke, even if it were at his own expense. Eloquent in speech, and emotional, he was one of the strongest advocates before a jury that has graced the bar of the county. A RECORD SPEECH AND ITS RESULT. Gen. Felix. Marsh, born in New Jersey, in July, 1806, came with his father to Camden in 1809, and when twenty years old entered Miami University as a student; remaining for several years. He was- admitted to the bar in 1834, and soon afterward was elected prosecuting attorney, later a representative and later a senator. He was well educated and a. good lawyer. He was a large man, and had a strong voice, with great carrying power, and was a fluent speaker. It is related of him that while in the Legislature there was a bill up for passage to which he was bitterly opposed, because, as he claimed, it was unjust. The Legislature had passed a resolution to adjourn at noon of a certain day and the bill was up for a vote the evening before the day of adjournment. The friends of the bill felt so sure of having the votes to pass it that they had been allowing discussion to drag along until nine o'clock in the evening, when Marsh got the floor to make a speech against the bill and continued all night talking. Next morning those who wanted the bill passed went to breakfast in squads, and as the forenoon wore on they resorted to every scheme they could think of to get him to yield the floor for some motion, inquiry or committee report, but he refused to yield, and talked, talked, talked, interspersed with reading, or having read by the clerk some quotation from some book, he all the time standing, or leaning back against his desk with no refreshment but water. Twelve o'clock came, and one man got up and pushed the hands back one hour, and Marsh talked on, and as the clock again showed nearing noon it was again pushed back an hour, and finally when the hands again passed a few minutes beyond the noon mark the speaker banged the desk with his gavel and announced that the House was adjourned. Marsh had held the floor continuously for over seventeen hours", and was utterly exhausted, but the bill was beaten and he felt satisfied. The bill never again made its appearance. He died at Eaton in December, 1872. William J. Gilmore was born in Virginia, in April, 1821, and when but four years of age, his father, Dr. Eli Gilmore, came with his family to Israel township and continued his practice as a physician, practically until his death. William received a common school education and attended for a couple of PREBLE COUNTY, OHIO - 195 years an academy, and studied law under Thomas Millikin, of Hamilton and the Hawkins of Eaton, and was admitted to the bar in 1847. He set up an office in Hamilton for a year and then. came to Eaton, where he formed a partnership with J. S. Hawkins until that gentleman's death, three years later. In 1852 he was elected prosecuting attorney and served two terms. In 1857 Judge Clark, of Hamilton, in the same judicial district, having resigned, Gilmore was appointed to fill the vacancy, and after filling out the term, he formed a partnership with Judge J. V. Campbell, who had shortly before completed his term of probate judge. The partnership continued until 1866, when Gilmore was elected to the common pleas bench, and re-elected in 1871, while in 1873 he was elected a judge of the supreme court of Ohio. After serving his term he began the practice of law in Columbus, Ohio, and continued there until his death. He died in August, 1896, and is buried at Eaton. Clement R. Gilmore, an attorney, is the sole survivor of the family. Judge Gilmore was a large man, of a kind disposition, and was regarded by all his associates as a very able lawyer. He has the distinction of being the only attorney of the county to reach a seat in the Supreme Court. HE HELPED HIS BROTHERS. Jacob H. Foss, born in Monroe township in December, 1825, of Pennsylvania parents, worked on the farm until grown. He then attended the academy at Waynesville two years, and in 1849 taught school at Euphemia. Studying law with Judge Haines, he was admitted to practice in 1851, and began the practice in Eaton, and for nearly fifty years was one of the most active attorneys at the bar, never missing a term of court. In 1857, he married Julia A. Morgan, and to' them were born two sons, Stanley B. Foss and C. C. Foss, who are now practicing attorneys at this bar. A daughter, Minnie V., is the wife of Dr. F. M. Michael. From 1869 to 1876 he served as mayor of Eaton, and during that time the town hall was built and more improvements started in the town than were started before or since in the same length of time, he being ably seconded by town councils. It must be said to his credit that when litigation arose over public improvements, if in his judgment they were needed and beneficial improvements, he always refused fees to oppose them. He has been the preceptor of more law students than any known member of the bar, counting among them a number who rose to prominence in the profession. For many years he had the largest law library in the county. 196 - PREBLE COUNTY, OHIO. He was regarded as standing among the ablest lawyers. He was a large man, and when aroused his tongue could frame a bitter speech; but every member of the bar knew that when the occasion passed it was forgotten, and that he had a heart so kindly and so forgiving that the next day he would spend hours helping a brother over a knotty point and finding cases to fit, and never expect or ask a fee therefor. He died March 12, 1901, and his aged widow died in December, 1914. FOUNDING THE ODD FELLOW ORDER. John V. Campbell, born in December, 1815, in Lanier township, was educated in the common schools and began teaching when sixteen years old. For some years prior to 1840 he was deputy county clerk, and in 1841 was appointed postmaster of Eaton, which he held for over nine years. In 1851 he was elected as the first probate judge, although he had not been admitted to the bar. He held the office for two terms, being admitted to practice while in office. In 1858 he formed a partnership with William J. Gilmore, which continued until Gilmore's election as judge. He then formed a partnership with James A. Gilmore, which continued until the latter was also elected as a judge. The fact that he was so long a partner of these two eminent attorneys is alone sufficient commendation of his ability and standing as a lawyer. In 1873 he was elected prosecuting attorney. He was one of the organizers of the Odd Fellows lodge in Eaton and until his death took an interest in its welfare, being held in high esteem by the members, who often called him the "father of the lodge." He was appointed as one of the first trustees of the Preble County Children's Home, continuing as such until his death, always taking a lively interest in the welfare of its inmates. He was a man of medium height, of heavy build, genial and kind by nature, and patient, seldom showing anger except under great provocation. He had a strong memory for names and faces, and everyone seemed to know Judge Campbell. He freely advised with those who asked advice, seldom accepting a fee. He was a master of probate law and by his wide acquaintance and tactful handling of his clients he built up and held the largest probate practice in the county. He died July 2, 1888, leaving a widow and four daughters, one of whom was married to Edmond S. Dye, who was a student in his office. The pro- PREBLE COUNTY, OHIO - 197 bate office is still run on much the same lines as those outlined and started by Judge Campbell. Solomon Banta was born in October, 1801, in Montgomery county. His father, Abraham Banta, was one of the early settlers of Lanier township, settling on the banks of Banta creek, and from him it derived its name. The son secured what education he could in the common schools, and attended the high school kept by James A. Mendal, and became a teacher himself for several years and then studied law under Tom Corwin at Lebanon and was admitted to the bar in. 1827. He then set up the practice at Eaton, and soon afterward married Malinda Sewall, and to them were born three children. About 1830 he went to Danville, Illinois, and when the Black Hawk War occurred he volunteered and served until peace was restored. He then came to Eaton and continued the practice of law. He was a good lawyer, a good scholar, and filled a number of local offices, including mayor and justice of the peace for several years. He died at his daughter's, Mrs. A. V. Auter, Topeka, Kansas, in 1879. HAY FEVER CLAIMS A VICTIM. George Waddy Thompson was born in Vermont, in October, 1818, and when three years old the family moved to Ohio, near Fremont. When fifteen years old he was appointed a cadet at West Point, and in about a year a Southern cadet of a higher class tried to make a menial of him, which he resented so strenuously that the other fellow "took the count," and as, under the then code prevalent at West Point, he would be disgraced and reduced, he resigned and came back to Ohio and studied law under Noah Swayne at Columbus and was admitted to the bar. He came to Dixon township and taught school in this county a couple of years, and in 1845 was elected prosecuting attorney, and afterward was appointed to a clerkship in the United States land office, serving four years. In 1850 he formed a partnership with Joel W. Harris and they built up a good practice. In 1863 he was elected probate judge of the county and served two terms. He became afflicted with hay fever, and in October, 1872, he went to Lincoln, Nebraska, hoping to be benefited by the change, but died about a month after his arrival. His body was brought back and buried in the Eaton cemetery. George W. Gans, born in Pennsylvania, 'in March, 1823, was educated in the common schools and when eighteen years old became a clerk in a store and began reading law. In 1847 he married Helen M. Morris and the young couple moved to Eaton to start their home. He taught school some years, 198 - PREBLE COUNTY, OHIO. and in 1851 was admitted to the bar. He was one of the organizers of the teachers' institute in this county, which has since become a permanent institution. He was elected mayor of the village, and in 1857 was elected probate judge and served six years, making a good and efficient judge. He contracted lung trouble, and died in June, 1865. REPUBLICAN VERSUS DEMOCRAT. Robert Miller was born in Jefferson township in July, 1827, of Scotch-Irish parents, and received only a common school education. He taught school some ten years during the winters, studied law under Gen. Felix Marsh, and was admitted to the bar in 1852. In 1855 he was elected prose. cuting attorney and served three terms. In 1863 he was elected representative, and in 1864 he was adjutant of the One Hundred and Fifty-sixth Regiment Ohio Volunteer Infantry. In 1863 he was elected mayor, and served two terms. In 1866 he formed a partnership with Col. A. L. Harris, and the firm continued the practice until 1876, when Harris became probate judge. In 1871 a contest arose over the election of a state senator from this district, Kemp, of Montgomery county, being the Democratic candidate and James Saylor, of this county, the Republican, If the vote of the soldiers at the Dayton Soldiers' Home were rejected, Kemp was elected; otherwise, Saylor was elected. The Montgomery county officials rejected the vote, giving the certificate to Kemp, and Saylor contested. Miller was his attorney, and he carefully collected the facts and cases of law bearing thereon. He appeared before the Senate, and for four hours presented what those who heard asserted to be one of the most clear and logical arguments that had been heard in the Senate. He won the case and soon after the law was changed so that there have been no contests since. He served acceptably in many local offices of the village and also of the Presbyterian church, of which he was a member. He died February 25, 190o, leaving a widow and three sons. Joel W. Harris was born in Butler county, Ohio, in February, 1815, of Scotch-Irish parentage and was educated in the common schools. When a young man he began teaching and attended Miami University some three years and then taught school again, and then kept a store in Darrtown and read law until about 1850, when he sold out and entered the Cincinnati Law School, and in 1852 was admitted to the bar and began the practice in Eaton, forming a partnership with George W. Thompson, which continued until the latter was elected probate judge, and then he continued alone until his death. He was regarded as one of the leading attorneys of the county, well edu- PREBLE COUNTY, OHIO - 199 cated, with a clear mind, naturally logical, and educated just at the time when the agitation to reform the old common law procedure into the code procedure of the present day was in full force. He was a strong advocate of the code, and became one of the best pleaders under the code at this bar. Kind-hearted naturally, he was always courteous and fair with his opponent. He died in 1866, unmarried. The Eaton Register published of him at his death : "Very few of his compeers excelled him in legal attainments, being acknowledged as one of the best judges of law in this part of the state. He was a man of extraordinary ability, strictly upright and moral in all his intercourse and dealing with men. He was a man of unobtrusive manners and kindly disposition." Such a notice could only be made for a manly man. REMEMBERED FOR HIS GOOD QUALITIES James A. Gilmore was a son of Dr. Eli Gilmore, and was born in Israel township July 11, 1834, his father having emigrated from Virginia in 1825. James was educated in the common schools, but, being of an observing nature, quick perception, an omnivorous reader and possessing a retentive memory, he was well informed on almost all subjects. In 1852, he became a law student in his brother William J. Gilmore's office in Eaton, and worked as a clerk in various county offices. He graduated from the Cincinnati Law School in 1855 and was admitted to the bar and began the practice with his brother. In 1858 he went to Greencastle, Indiana, and began practice there. In 1861 he enlisted in the Forty-third Regiment Indiana Volunteers and shortly afterward was detailed for service in the quartermaster's department, continuing with the regiment three years, being discharged in the fall of 1864. He again enlisted in the Ninety-first Regiment Ohio Volunteer Infantry, and went with his regiment to North Carolina, being again detailed as a judge advocate, and in 1865 was discharged with the regiment. He then began the practice as a partner of Judge J. V. Campbell, and in 1869 married Ada M. Hendrix, daughter of George D. Hendrix. After his marriage he practiced law at Hamilton for two years, after, which he resumed his former partnership at Eaton. In 1879 he was elected an additional judge for the district, and served as such for five years. He then formed a partnership with I. E. Freeman, which continued until the latter's death. He then continued alone for some years, and again formed a partnership with Philip A. Saylor, which continued until Gilmore's death, July 28, 1914. During the last six years of his life he was confined to his home nearly all the time, and for over five years of that period was never at his office. He was