150 - HISTORY OF SANDUSKY COUNTY

penal sum of $2,000 with Morris. A. Newman and Jeremiah Everett, sureties.

Nicholas Whitinger was appointed county treasurer. He settled his accounts with the county commissioners on December 5, 1821, as the following record shows :

County Treasurer's Account, Sandusky County, to Nicholas Whitinger, Dr.:

To one book $ 1.50

To percentage on money received up to December 5, 1821 8.84

Nicholas Whitinger $10.34

This account was duly allowed by the commissioners and attested by Josiah Rumery, auditor.

GREEN CREEK TOWNSHIP.

March 4, 1822. Ordered that there be a township detached from the township of Townsend as follows, to include all of township Number 4 in Range 16 east, to be bounded by the United States Survey, and to be known by the name of Green Creek; and that they meet at the house of Samuel Baker on the first Monday in April next for the purpose of electing township officers.

BALLVILLE TOWNSHIP.

March 6, 1822. Ordered that there be a township detached from Sandusky Township to be organized by the name of Ballville Township, and bounded as follows, to-wit : to include all of the six-mile square, according to the United States Survey designating the township as Number 4, with Range 15 east, and that an election be held at David Chambers for the election of officers on the first Monday in April, 1822.

March 6, 1822, the commissioners settled with Josiah Rumery as follows : Be it remembered that Josiah Rumery having formerly been appointed county collector for the year 1820 has settled up all accounts with the board of commissioners for said term in full.

AUDITOR'S ACCOUNT.

Ordered that Josiah Rumery receive the sum of thirty-three dollars in full for his services as auditor up to the 6th of March 1822. Runiery was appointed auditor September 22. 1821, and thus it appears that his compensation as auditor was $30.00 for his services from September 22, 1821, to March 6, 1822. five and one half months.

CLINTON TOWNSHIP.

Ordered that there be a township detached from the township of Eden and bounded as follows : Commencing at the place where the township line between two and three strikes the river on the east bank of Sandusky River. thence east with said line to the northeast corner of township Number 2 in Range Number 15 east, thence south with the range line between Ranges 15 and 16 co the southeast corner of the aforesaid township; thence west on the township line, between Township I and 2 north, to the river aforesaid; thence southwardly with the meanders of the river to the place of beginning. Officers to be elected June 15, 1822.

Jaques Hulburd was allowed twenty-two dollars in full for his services as county auditor and predecessor of Rumery. His term commenced in February, 1821. appointed by the Legislature. In June. 1822. the auditor was instructed to hire the room of Nicholas Whitinger for an office for the county commissioners, so long as it could be obtained. and that a chest be made large enough to contain the official papers of the county commissioners.

Commissioners .Office Nov. 2, 1822.

The commissioners. met for the purpose of receiving the resignation of Josiah Rumery as auditor, and to appoint another in his room. Ordered that said resignation be accepted and recorded and that Thomas L. Hawkins be appointed auditor in the room of Josiah Rumery.

resigned.

Green Creek. October 11, 1822.

To Morris A. Newman, Giles Thompson and Moses Nichols, County Commissioners of Sandusky County. Greeting. Gentlemen : You are hereby presented with my resignation of the auditor's office. I send with this the commisioner's book. All other papers will be given up on the receipt of the auditor next appointed which, I recollect, is the express direction of the law.

JOSIAH RUMERY.

November 2. 1822.

Thomas L. Hawkins, Esq.

Sir : You are hereby notified that you are appointed auditor in the room of Josiah Rumery resigned.

MOSES NICHOLS,

GILES THOMPSON,

M. A. NEWMAN.

December 2, 1822.

The bond of Thomas L. Hawkins as auditor in the penal sum of two thousand dollars with Charles B. Fitch, Israel Harrington and Cyrus

AND REPRESENTATIVE CITIZENS - 151

Hulburd as sureties, was approved and recorded. Page 97.

FORT SENECA TOWNSHIP.

December 3, 1820. Ordered that township Number 3 in Ranges 13, 14 and 15 be detached from Seneca Township, and to compose township to be known and called by the name of Fort Seneca. Election was held at the house of James McCollister on the first Monday in January, 1821, for the election of township officers. Page 102.

TAX DUPLICATE FOR THE YEAR 1822.

- 154 -

HISTORY OF SANDUSKY COUNTY - 155

It will be observed that of the subscribers, Cyrus Hulburd and Martin Baum were the greatest in amount pledged, each pledging $400. They were both large real estate owners in the village of Sandusky and rivals for the location of the public buildings, both having agreed to donate grounds for the site of same and given bonds to that effect, as the commissioners' journal shows.

PERMANENT LOCATION.

The commissioners to fix the permanent seat of justice, through Charles R. Sherman, chairman, at the May term, 1822, of the common pleas court, and on the 23rd day of May, made their report to said court permanently establishing the same at the town of Sandusky. Thereupon the common pleas court adjourned and moved over to a log schoolhouse, standing on. Lot 64 as then numbered, being on or near the spot where the present old Central School Building is situated at the corner of Croghan Street and Park Avenue. where court was opened in due form in the permanent county seat. Here in this log structure courts both common pleas and supreme were continuously held for a period of about ten years, or until. a regular court house building was constructed.

It is worthy of mention, here, that the commissioner. Charles R. Sherman, was the father of Gen. William Tecumseh Sherman, and within a few months after this report was made by him was appointed a judge of the supreme court, and with Judge Burnet, on July 3o, 1823. held the first term of the supreme court for Sandusky County in this log house.

SEAT OF JUSTICE OF SENECA COUNTY.

It is also worthy of mention that two of the commissioners appointed by the legislature. namely ; Cyrus Spink and Thomas Henford. to fix the seat of justice of Seneca County, which was then within the jurisdiction of Sandusky County, at said May term, 1822, and on May 24th, made their report, selecting, the town of Tiffin as such seat of justice and defining the boundaries of public grounds.

THE FIRST COURT HOUSE.

In the plat known as the "Hawkins Plat of the Town of Sandusky" of October 27, 1817 (Plat record 4, page 75), the grounds of the present hoard of education, bounded by Park

Avenue west, and Garrison Street south, as now named, were dedicated for a court house site, and the grounds of the Fabing and Gusdorf homesteads on Park Avenue as now named were set apart for public office building sites—all upon the condition that the seat of justice should be established in the town of Sandusky, and to revert to the owners in case not so used. The property thus dedicated, or offered to be dedicated, however, for some reason not now appearing, possibly some supposed defect of title, was never occupied for court house and public office purposes.

The first recorded action of the county commissioners, with reference to building a court house, was on March 6, 1822, providing for an extra session "for the purpose of making preparations for a court house." Giles Thompson, Moses Nicols and Morris A. Newman then composed the board of county commissioners. Reference has been made to propositions of Martin Baum and Cyrus Hulburd to donate site. The grounds offered by Baum were as follows : For a court house, by 187 on Market and Main Street, now Birchard and Park Avenues, being known generally as the General Buckland homestead; for a jail and sheriff's residence, Lot 244, corner of Clover and Ewing Streets, and for a "public walk," Lot 188, corner present Birchard and Park Avenues, and being the site of the present residence of Hon. A. H. Jackson. No part of these grounds was ever used for public purposes. Cyrus Hulburd in his bond referred to. dated April 23, 1822, bound himself to donate Lots 161 and 162, in the village of Sandusky, for public purposes, and Lot 64 for school purposes. Lot 161 is what is known as the David June homestead, and Lot 162 is the site of the present M. E. Church, both on Birchard and Park Avenues. He had in a bond previously executed, bound himself as follows : "To furnish a convenient and comfortable building for . a court of common pleas to sit in until such time as the commissioners of the county shall furnish a court house, and also for the use of the supreme court all within the town of Sandusky." He was making generous offers to secure the location of his grounds. He was the owner, though not yet conveyed to him by

156 - HISTORY OF SANDUSKY COUNTY

deed, of River Lot No. 9, which embraced the present site of Fort Stephenson Park, and all the ground between what is now Croghan Street and Birchard Avenue, from the river to what is now Wayne Street. The "convenient and comfortable building" to be furnished in the meantime was no doubt the log schoolhouse, before mentioned, as Hulburd was its owner at the 'time. April 26, 1823, plans and specifications for the proposed court house were recorded in the commissioners' journal, and according to which the same was to be a substantial frame building 36 feet long, 24 feet wide and 20 feet high, with a good substantial stone foundation wall, to the height of two feet above ground. The roof to be of jointed shingles; two good brick chimneys with four fire-places in lower and two in upper story. The lower story to be divided into four rooms, two at each end with a passageway between, and a stairway leading to the second story, which was to be the court room. Three lower rooms were for offices, and one was originally designed for a prison, but was never used as such. There were to be three windows in the lower story in the west side and two in the east side of the building, and four in both east and west sides of the second story, and none in the ends of the buildings. The windows were to be filled with 8 by To glass, twenty-four in each.

The contract for the erection of this structure, to be finished by December 1st, following, was on July 21, 1823, let to Thomas L. Hawkins for $2,450, who gave bond for the fulfillment of the contract with Cyrus Hulburd, Calvin Leezen, John W. Tyler and Daniel Brainard, Jr., sureties. The commissioners' journal discloses that he was to be paid as follows : The subscription or pledges of the $1,800.00 were to be accepted by him as part payment and the balance of $65o.00 was to be paid from the county treasurer, upon the completion of the building within the time prescribed. On the same day the contract was let to Hawkins, he assigned and transferred the same to Cyrus Hulburd, who commenced its construction on Lot 162 donated by him, and as we have seen being the site of the present M. E. Church. It would seem incredible, but it is historically true that this edifice was not completed for a period of about ten years from the date of letting the contract for its construction. It remained in an unfinished condition on this lot until it seems to have become a sort of "memory" and referred to in subsequent proceedings of 'the county commissioners with reference to its completion and removal to other lots, in 1829, as "the court house built by Cyrus Hulburd" and later as "the frame put up for a court house." It was never, h0wever, finished where its erection was commenced, but after various delays and fatalities attending its construction and removal which appear upon the commissioners' journal, it was in 1830, finally, moved to Lot No. 9 and there completed in 1833. The original contract for its erection had been declared forfeited, suit on the contractor's bond had been instituted and the court had awarded damages against Hawkins and sureties in favor of the county in the sum of $1,325. Hawkins was proceeding against Hulburd on his bond, executed as assignee of Hawkins of the contract to build. Thereupon all matters between the parties were settled by the conveyance by Hulburd to the county of the following real estate in Lower Sandusky, viz : Lots 83, 84, 89 and 90, which constitute now the middle one-half fronting Front and Arch of the square in the city of Fremont, bounded by Front, Croghan, Garrison and Arch Streets. The contract for moving this "frame put up for a court house" otherwise, "the court house built by Cyrus Hulburd" to Lot 9 and there completing the same was l& to one Elisha Smith for the sum of $860.25 June 26, 1830, to be finished by May 31, 1831, payment of which was to be made by the conveyance to him of the lots obtained from Hulburd. The building was not completed or accepted for use until June 5, 1833, when the record shows its acceptance, and that all bonds and obligations concerning the matter of the building of the court were directed to be delivered up and cancelled, and a deed ordered to be made to Smith for the property before described in payment of $86o.25, which property is now (19o9) worth, exclusive of buildings thereon, not less than $75,000.

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Lot No. 9 on which the building was completed is now No. 104, situated on the rising ground fronting the north line of Court Street near its eastern terminus. The original building has been converted into a residence, and is now the property of St. John's Lutheran Church and used as a parsonage. It was conveyed to this denomination by the commissioners of Sandusky County in 1844. (See Meek's article in Daily and Semi-weekly News, August 16 and 18 respectively, 1905, "Seats of justice and First Court House.")

From the time the seat of justice was permanantly located in the town of Sandusky, Croghansville and Croghan Township seemed to have waned in importance as distinct organizations and to have been gradually absorbed by the former. In 1827 that portion of Croghan Township embracing the village of Croghansville was annexed to Sandusky Township by action of the county commissioners.

In 1829 the territory of both villages by act of the state legislature was incorporated into one village by the name of the "Town of Lower Sandusky." The village of Croghansville became thereby extinct in name. The name, so far as the east side furnishes any evidence, is perpetuated only by the school on the hill, which is designated as "Croghansville Hill School."

By act of the legislature June 20, 1835, that part of the county as originally erected, marked on the map in a previous chapter as "disputed by Michigan," was included within the boundaries of Lucas County, then created.

March 15, 1838, Erie County was formed by act of the legislature and that portion of Sandusky then lying along the south shore of Sandusky Bay, bounded east by Huron County and south by the north line of Townsend Township to the northwest corner thereof was made a part of Erie County.

OTTAWA COUNTY.

March 6, 1840, Ottawa County was created, being taken mostly from Sandusky and greatly diminishing its area, taking all that part included within the following description : "Commencing at a point two miles north of the southeast corner 0f the surveyed township Number 16 (then Bay Township) running thence west on section lines to the western boundary of the county ; thence north to the

158 - HISTORY OF SANDUSKY COUNTY

Lucas County line; thence east six miles; thence north to the Michigan state line ; thence with said line until it intersects the line between the British and American governments in Lake Erie ; thence down the lake with said line, so that a line to the mouth of Sandusky Bay will include Kelley's Island ; thence up the Sandusky Bay to the place of beginning."

PART OF OTTAWA ANNEXED TO SANDUSKY.

March 23, 1840, the legislature cut off from Ottawa County and annexed to Sandusky the following territory : All that part of Clay Township in Ottawa County. commencing at the southwest corner of Section 23 ; thence north to the northwest corner of Section 11, thence west to the Wood County line. This addition forms the north part of Woodville Township.

THE FIRST JAIL.

For several years after the county was organized, persons under arrest, whose confinement was required to be in a prison, were kept in [louses temporarily provided as jails. The first provision of the kind found among the proceedings of the county commissioners, was June 4, 1821, when the house of one John M.. Plumb was hired for the use of a jail. This seems to have served the purpose until May 1, 1824, when the following proceedings appear of record :

"Ordered that the auditor obtain from Asa B. Gavit a lease of his log cabin in the village of Sandusky for a term not less than one year from this date and when so obtained to repair the same for a jail for said county provided said repairs do not exceed sixty dollars."

Following this order, plans and specifications appear for floors below and above with doors, windows with iron grates and the daubing of the outside so as to make the house warm. The rent to be paid was twenty dollars per year.

On September 11. 1824, the auditor was authorized to obtain a lease for the same premises, for not less than one year, and for two years if practicable, at same rent. This building was situated near the river bank on Water Street in the rear of what is now the block at

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northeast corner Front and Croghan Streets, lately known as the White Block.

For what length of time this building was used, as a jail, can only be conjectured—probably not all of the time until the more permanent jail building was erected, which was in 1829, for, on June 9, 1826, it appears that one Esbon Husted was allowed thirty dollars for the use of his building for a jail for six months previous; and on December 6, 1826, the auditor was authorized to rent the Hunted building at two dollars per month, while the same should be occupied as a jail. It would appear that the Gavit property had become, temporarily at least, unsafe as a prison, for the commissioners' journal of September 6, 1824, shows that the then sheriff notified the county commissioners that he would not be responsible for the safe keeping of prisoners in the jail. which may account for the use of the Husted building part of the time.

The first steps toward the erection of a permanent jail were taken by the county commissioners on December 2d, 1829, as shown by their journal of that date as follows :

"Ordered that the auditor employ O. Hinton and E. W. Howland to make drafts and estimates of a jail, on the following general plan, viz : to be one story high, 36 feet by 20 feet, to be built of hewn timber * *."

January 12, 1829, the plan for building a jail for Sandusky County," to he similar to the Delaware County jail," was approved and the auditor was directed to give notice of the letting of a contract March 2d, 1829, 'to be published in the Sandusky Clarion. The contract was let to E. W. Howland and completed by him according to plans and duly accepted by the county commissioners on October 12, 1829.

This jail was erected on the grounds, Lot No. 9, to which the court house was removed and completed, as before mentioned, and was the first jail building constructed as such in the county, and was so used until the brick court house and basement-jail connected with the same were built in 1814. The contract price paid for this building was $844. In it was where the murderers Sperry and Thompson were confined ; where Sperry committed suicide and from which Thompson made two escapes. An account of these murders and the trial of Sperry and Thompson will be given in another chapter.

As early as 1839, movements toward the erection of a more substantial court house were inaugurated by the county commissioners, supported by petitions of the citizens of the county, as appear from their journal. An act of the legislature was procured to be passed February 4, 1839, authorizing the commissioners to borrow $15,000 for the erection of such building and a jail.

March 27, the commissioners resolved to borrow $15,000 for a term of ten years. Just how this resolution was carried into effect does not appear from the records; but on March 4, 1840, the journal shows the following order :

"Ordered that the commissioners borrow from the surplus revenue fund the sum of ten thousand dollars for the erection of a court house and jail."

On April 4, 1840, the site for the building was finally selected, being grounds offered to be donated by Platt Brush, Platt Brush, Jr. S. Brush and John T. Brush, who on April 6 recorded their plat and sub-division (Record M., pp. 532-3) of Outlot 8, in which the donated ground are designated as "A court house lot," which is 8 rods fronting on what is now Park Avenue (in the plat called Brush Street) and previously known as Main Street, and pp rods along Court Street, east and west, containing one-half acre. No other grounds were donated by these parties. Court Park, situated east of Park Avenue, and all other public ground connected with the present court house and jail buildings were obtained by purchase.

Plans and specifications were prepared and proposals advertised for the erection of the buildings. June 2, 1840, the commissioners accepted proposals presented by Isaac Knapp, and awarded the contract to him for the completion of the work for the sum of $4,550.00, within the time in the contract specified. The court house was to be 100 feet long, 45 feet wide and wall, 25 feet high, forming two stories. The foundation to be of stone, 4 feet high above the ground. The, lower story was divided by a corridor running the entire length

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east and west through the middle, with office rooms on the sides. The upper story was the court and jury rooms. The classic style of the architecture of the building, a style ever beautiful and still admired, is shown by the cut. The jail was constructed in the basement which was prepared for the purpose. On July 18, 1844, the county commissioners accepted the building from the contractor Isaac Knapp, as completed, and paid the balance due him on the contract in full. On August 31, 1844, on the petition of more than 300 tax payers, the additional sum of $2,000 was ordered paid the contractor Knapp to reimburse him for loss incurred by him in the construction of the court house and jail according to his contract.

JAIL YARD, HOUSE AND WALL.

Between June and November 13, 1844, a jail yard, wall and what was termed a jail house was erected in the rear of the court house building by Edward Fitzgerald pursuant to contract with the commissioners, for $899.00.

This basement jail, or more properly speaking, dungeon, was in use before the court house was completed, for Thompson, the murderer, was confined here, for a time, before his execution. This dungeon was a damp and dismal place, More in keeping with an age of barbarism than that of a Christian civilization, and so shocked the humane sense of the public that its use as a place of confinement for prisoners was not long continued, as will appear.

A NEW JAIL.

Grounds in the rear of the court house were purchased of Sardis Birchard, on which to erect a jail building above ground, and on April 22, 1854, the contract for its erection was made with Ambrose Spencer. The price to be paid him when completed was $9,500. As the commissioners' journal shows, on June 7, 1856, the county commissioners accepted the new jail from the administrator of Spencer, who had died, and settled in full for the same according to the contract. This structure is not now in existence and specifications as to size and plans of the same are not at hand, but it included a sheriff's residence and jail yard with fairly good and modern equipments for a building for the purposes intended, and a great im provement over the subterraneous dungeon superseded by it. The wile murderer, Radford, was executed within the enclosure of this jail. It is worthy of mention that the sum of $8,000 of the contract price paid for its construction was realized as a premium on the sale of bonds issued by the county for capital stock subscribed for, to the amount of $50,000 in The Toledo, Norwalk & Cleveland Railroad Co., in 1851, to aid in its construction, and which, under an act of the legislature, had been authorized by vote of the electors of the county in April, 1851.

ADDITION TO THE COURT HOUSE.

The county commissioners having determined to enlarge the original structure by the addition of forty feet to the west end thereof similar in width, height and style to the original court house building, with rooms below and above for public offices, and jury and witness rooms, on September 16, 1870, awarded the contract for the same to Daniel L. June & Son to furnish all the materials and labor and complete the same within the time specified in the contract for the sum of $8,900, to be paid when completed. The records, strange as may appear, give no further information as to the plans and specifications of this addition, nor the date when the same was finally completed and accepted by the county commissioners ; but it was, in fact, ready for use within the year 1871. The first floor is occupied by the county auditor, on the north, and the county treasurer on the south side of the corridor ; the second floor, by the clerk of courts on south part and the sheriff's office and jury room in the north part.

THE PRESENT JAIL AND SHERIFF'S RESIDENCE

was erected in 1890-92, and supplied with furniture, at a cost to the tax payers of about forty thousand dollars. It is a beautiful three-story gray stone structure, ornamented with Lake Superior red sand stone. A special act of the state legislature was passed April 6, 1889, authorizing the issue of bonds for the erection of the building to the amount of $36,000, which were accordingly issued. The architect was Mr. J. C. Johnson, and Theodore Brockman was the contractor, for the sum of $35,620, the original contract price, to which was added for extras the further sum of

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$1,053, making the total sum paid the contractor $36,673. The superintending committee was the three county commissioners, Geo. F. Wilt, J. E. Wickert and Joseph Gschwindt ; E. F. Dickinson, probate judge ; J. W. Worst, clerk of courts; L. Dick, sheriff, and Horace S. Buckland, the latter appointed by the judge of the common pleas court. The ground plan of the sheriff's residence is 52 x 50 feet; that of the jail proper 48 x 4o. There are eight separate cells in each of the first and second stories for male prisoners, and six in the third story suitably prepared for female prisoners. The corner-stone of this Structure was laid with appropriate ceremonies November 6, 1890, Ex-President Rutherford B. Hayes, who had given much thought to the matter of prison reform, delivered an appropriate address. He said, among other important things, that the common jails of this country were, as a rule, a disgrace, and a school of crime. He made an earnest argument for the separation of hardened criminals from those who were comparatively innocent. Gen. R. Brinkerhoff of the State Board of Charities, whose presence was expected, was prevented by illness, wrote as follows : "I am very much interested in the improvement of our county jails, and am glad to know that the plans you have adopted are equal, and perhaps superior to all others in Ohio, * * * your jail plans will make it entirely practicable to secure absolute separation of prisoners, so as to shut off all contaminating influence." This building stands on the Public Square grounds, fronting on Croghan Street. corner of Croghan and Clover Streets.

NAME OF COUNTY SEAT CHANGED.

In Journal No. 6 of the common pleas court, at page 437, October 15, 1849, the following order appears, changing the name of the town of Lower Sandusky to Fremont :

PETITION TO CHANGE THE

NAME OF LOWER SANDUSKYS

This petition came on for hearing, and the court being satisfied that said petition was signed by at least twelve land holders of said town and one hundred other citizens ; and being satisfied by proof that the public interest requires that the name of said town should be changed, and that at least three-fourths of the citizens of said town desire such change to be made, and that there is no other town or village in this state of the name of Fremont, and the petitioners having given more than thirty days' notice, published in the "Lower Sandusky Freeman," a newspaper of general circulation in said county :

The court do order, adjudge, and decree that the name of said town of Lower Sandusky be and the same is hereby changed to that of Fremont.

The petition was presented to the court by Rutherford B. Hayes, Esq., then a. young lawyer of the village. The only remonstrance appearing against the change was one in rhyme by Judge Elijah W. Howland, a prominent citizen of 'the place. Howland Street on the east side is named for him.

His name deserves perpetuation for the sentiments expressed in his remonstrance—sentiments appreciated now, more than they appear to have been at the time when presented.

It seems a pity that the name of the place about which so many interesting events clustered should have been changed to one which in no way suggested or recalled any of them, however honored it may have been. The change. however, was thought advisable in order to prevent confusion in the mail service, on account of other postoffices having the name of Sandusky, with the prefixes, Upper and Little, and one down the bay without any.

The remonstrance of Judge Howland was offered and read by Mr. Hayes. It is here

given in full :

There is a prayer now going round

Which I dislike to hear,

To change the name of this old town

I hold so very dear.

They pray the Court to alter it,

I pray to God they wont :

And let it stand Sandusky yet

And not John C. Fremont.

Sandusky is a pleasant name;

'Tis short and easy spoken;

Descending to us by a chain

That never should be broken.

Then let us hand it down the stream

Of Time to after ages,

And Sandusky be the theme

Of future bards and sages.

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Wont the old honest Sagums rise,

And say to us pale-faces,

“Do you our ancient name despise.

And change our resting places ?

"Our fathers slumbered here :

Their spirits cry 'Oh, don't

Alter the name to us so dear

And substitute Fremont.' "

Therefore my prayer shall still remain,

Until my voice grows husky ;

Oh, change the people, not the name

Of my old home Sandusky.

ROSTER OF COUNTY OFFICERS.

Clerks of Courts—The clerks of the courts under the constitution of 1802, were appointed by the courts for a term of seven years, but before his appointment, except pro tern pore, the applicant was required to produce a certificate from a majority of the judges of the supreme court that he was well qualified to execute the duties of the office. If a vacancy occured at any time, the appointment was made pro. tempore until 'the proper certificate could be procured and filed. The common pleas court journal shows that the first appointment of a clerk was that of James Williams, pro tempore, on the 8th day of May, 1820, but it does not appear that he served, for, on the same day Philip R. Hopkins was appointed clerk pro tempore, gave bond and took the oath of office. At a special term of the court held February 17, 1821, by the associate judges; it appearing that the office of clerk had become vacant by the resignation of Hopkins, the court appointed Alexander Morrison, clerk pro tempore, who gave bond and qualified. At the special term, June 3o, 1821, Harvey J. Harmon was appointed clerk pro tempore, the office having become vacant by the absence of Morrison, Harmon gave bond and qualified. Morrison having subsequently died, the court on August 19, 1821, appointed Jonathan H. Jerome clerk pro tempore, who accordingly qualified. He was ordered by the court to procure from the estate of Morrison all records, books, papers and property belonging to the office of clerk. Jerome resigned shortly after his appointment and on September 15, 1821, the court appointed Jaques Hulburd clerk pro tempore, who duly qualified. Hulburd resigned, and on March 26. 1822, the court ap pointed Charles B. Fitch clerk pro tempore and he duly qualified. May 25, 1822, Benjamin F. Drake was appointed clerk pro tempore, who duly qualified, and on September 6, 1822, Drake, having presented the certificate of qualification required, was appointed clerk of the court for the term of seven years; he gave bond, took the oath of office and served until September, 1824, when his office became vacant by his removal.

On September 13, 1824, James A. Scranton was appointed clerk pro tern pore, and subsequently received a permanent appointment and served, as will appear below, until 1837. Th roster is : Philip R. Hopkins, 1820; Alexander Morrison, 1821; Harvey J. Harmon, 1821 ; Jonathan H. Jerome, 1821 ; Jaques Hulburd, 1821-2; Charles B. Fitch, 1822; B. F. Drake, 1822; B. F. Drake (first permanent) 1822-4; James A. Scranton, 1825-37; L. O. Rawson. 1837-51 ; Daniel Capper, (elected) 1851-54; Charles Greene, 1854-57; James N. Smith, 1857-65; M. W. St. Clair, 1865-67; E. W. Cook, 1867-68; John R. Gephart, 1868- 73 ; B. C. Winters, 1873-79; Basil Meek, 1879-85; T. D. Stevenson, 1885-91; John W. Worst, 1891-97; F. M. Inman. 1897-1903; B. M. Inman, 1903-09: Edward F. Buchman, 1909—Incumbent.

Prosecuting Attorneys—Prior to 1833 the courts appointed prosecuting attorneys to serve during the pleasure of the court, and it was. not necessary that they should be residents of the county in which they served. Their compensation for each term of court was fixed by the court, which, while the courts appointed ranged from $15.00 to $50.00 per term of court. In 1833 the office was made elective for a term two years. In 1881 the term was changed to 'three years. In 1906 the term was changed to two years. Jacob Parker of Richland County, was the first prosecuting attorney here, and served two years, 1820 and 1821. The register of county orders redeemed shows that order No. r for $r5.00 was for his services for a full term of court. Parker afterwards, 1841-48. was president judge of the Eleventh Circuit.

He was related to the Shermans, his wife being the only sister of Judge Charles R. Sher-

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man, the father of General William T. Sherman.

Pickett Latimore of Huron County, 1822-3; Increase Graves, Sandusky County, 1824-6; Rudolphus Dickinson, 1827-8, 1831-35; John Bush, 1828-31; W. W. Culver, 1835-36, 1838-44; Samuel Treat, 1836-38; L. B. Otis, 1844-50; J. L. Greene, Sr., 1850-52; E. F. Dickinson. 1852-55; George Haynes, 1856; T. P. Finefrock, 1856-60; A. B. Lindsay, 186o-64, 1866-70 ; H. W. Winslow, 1864-66; A. B. Putman, 1870-74; H. Remsburg. 1874.77; John T. Harver, 1877-81; George Kinney, 1882-87; F. R. Fronizer, 1887-93; F. E. Seager, 1894-96; George H. Withey, 1896-1902 ; M. W. Hunt, 1902-1908; Emmet C. Sayles, 1909-191o, incumbent.

County Auditors—Jacques Hulburd was the first auditor ; the records show that he resigned September 22, 1821, and Josiah Rumen was appointed in his place.

Josiah Rumery, 1821 :Thomas L. Hawkins, 182 2- 23; Ami Williams, 1824-25 ; Jesse S. Olmsted, 1826-27; Ezra Williams, 1828-29, 1838-39; Samuel Treat. 1830-31-32-33-34-35

N. B. Eddy, 1836-37, 1840-41 ; A. Coles, 184243-44-45-46-47 ; Homer Everett, 1848-495o-51; H. E. Clark, 1852-53-54-55; William E. Haynes, 1856-57-58-59; Thomas Tucker-man, 1860-61; Oscar Ball, 1862-63-64 ; John Lynch, 1865; Edwin Hoff, 1866-67-68-69; G. W. Gurst, 1870-71-72-73-74; F. J. Giebel, Jr., 1874-75-76-77; Adam Hodes, 1878-79-80-81- 82-83; William L. Baker, 1884-85-86; S. B. Snyder, 1887-8, appointment; A. V. Baumann, 1888-89-90-91-92-93; John Fangboner, 1894-95-96; Samuel J. Hirt, 1897-98-99-1900-01-02 ; Simon M. Fronzier, 1903-04-05-06-07-08-09 ; George W. Bloom, 1909, incumbent.

Sheriffs—The office of sheriff under the constitution and laws has been elective for a term of two years. It is one of dignity and importance, the sheriff being the chief conservator of the peace, with power to call out the people to assist in preserving the peace. The following is a list of the persons who have occupied the office in Sandusky County :

Willis E. Brown, 182o-24; Josiah Rumery, 1824-27; Giles Thompson, 1827-31 ; Samuel 0. Crowell, 1831-33; Jesse S. Olmsted, 1833-35; Isadore D. Beaugrand, 1835-39; Homer Everett, 1839-43; John Strohl, 1843-46; Daniel Burger, 1846-50; James Parks, 1850-52; Jonas Smith, 185254; George Engler, 1854-58; Michael Wegstein, 1858-62; A. R. Ferguson, 1862-66; S. H. Russell, 1866-70; Anthony Young, 187074; Henry Coonrod, 1874-78; Charles F. Pohlman, 1878-82; Charles F. Pohlman, Jr., 1882- 86 ; R. W. Sandwisch, 1886-90; L. Dick, 189094 ; George Slessman, 1894-98; L. S. Mc-Gormley, 1898-1902; N. B. Mason, 1902-04 ; F. W. Swedersky, 1904-09; Louis Hocke, 1909, incumbent.

Probate Judge—This office was created by the constitution of 1852. Previous to then, the common pleas court had probate jurisdiction, exercised mostly by the associate judges.

John Bell, 1852-55 and 1858-63; Lyman Gelpin, 1858-63; W. S. Russell, 1863-66; E. F. Dickinson, 1866-69 and 1877-79; John L. Greene, Jr., 1869-72; F. Wilmer, 1873-77; C. Donckson, 1879-85; E. F. Dickinson, 188591 ; Joseph Zimmerman, 1891-94; John I. Gam, 1894-97; Samuel Brinkerhoff, 1897-03 ; John B. Coonrod, 1903-09, incumbent.

Coroners—Owing to the lack of record evidence, the following partial list only, can be given of the names of persons who have occupied this office in Sandusky County :

Oliver Granger, E. H. Russell, Ezra -Williams, David Morton, Jeremiah Everett, Edward Schwartz, John Strohl, N. R. Tucker, William Herbster, George Hirschberger, William Murphy, E. L. Vermilya, W. H. Schwartz, incumbent.

County Treasurers—Nicholas Whitinger, 182o-26; H. J. Harman, 1826-28; Grant Forguson, 1828-30; Isaac Van Doren, 1830-38; Jesse S. Olmsted, 1838-42; Isaac Glick, 1842- 48; Oliver McIntyre, 1848-52; J. F. R. Sebring, 1852-56; A. D. Downs, 1856-58; Wilson M. Stark, 1858-62; D. L. June, 1862-64; C. G. Greene, 1864-66.; John P. Elderkin, .1866-70; John P. Elderkin, Jr., 1870-74; Henry Baker, 1874-78; Elias B. Moore, 1878- 8o; B. M. Winters, 1880-82; W. E. Greene, 1882-3 (appointed) ; F. J. Geibel, Jr., 1883-84 (appointed) ; W. E. Lang, 1885-89; L. H. Thraves, 1889-93; Joseph Wolfe, 1893-97;

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Philip J. Gottron, 1897-1901; August Lieber, 1901-1905; H. A. Ochs, 1905-1909; J. C. Overmyer, 1909, incumbent.

Surveyors-Ezra Williams, 1820-28; David Camp, 1828-36; David Reeves, 1836-46; W.

B. Stevenson, 1846-47; H. E. Clark, 1847-52, 1862-64; T. W. Clapp, 1852-56, 1858-60; D.

D. Ames, 1856-58; J. L. Rawson, 1860-62; Jeremiah Evans, 1864-76; M. Putman, Jr., 1876-82; L. A. Dickinson, 1882-88; Geo. W. Lesher, 1889-95; Henry Hughes, 1895-01;

C. A. Hochenedel, 1901-06; Harmon Wen-singer, 1907-09, incumbent.

County Recorders-Jesse S. Olmsted, 1821; Charles B. Fitch, 1822-25; James A. Scranton, 1825-34; James Robinson, 1834-40; N. S. Cook, 1840-46; Benjamin F. Fletcher, 1846-48; W. E. Rearick, 1848-54; Jacob Snyder, 1854-60; A. F. Gallagher, 1860-67; W. W. Stine, 1867-73; James Worst, 1873-79; J. R. Conklin, 1879-85; H. J. Kramb, 188591; George Wehrung, 1891-97; W. H. Eisenhower,' 1897-03; Oscar Doncyson, 1903-09; Ralph Hunsinger, 1909, incumbent.

County Commissioners-Morris A. Newman, 1820-21-22-23 ; Charles B. Fitch, 1820; Moses Nichols, 182o-21-22-23 ; Elisha W. Howland, 1824-25-26; Giles Thompson, 1821- 22-23-24; Thomas Emerson, 1824; Jared H. Miner, 1825; David Camp, 1825-26; Jesse S. Olmstead, 1826-28-29-30-31-32-33; Samuel L. Lockwood, 1827; L. G. Harkness, 1827-2829 ; Jeremiah Everett, 1827-28-29; Samuel Hollingshead, 1830-31-32-33-34-35-36-37-38; Oliver Comstock, 183o-31-32-33-34-35-36; Caspar Remsburg, 1834; George Overmeier, Sr., 1835-36-37; Paul Tew, 1837-38-39-4041-42-43-44-45 ; Ezekiel Rice, 1838-39; Jonas Smith, 1839-40-41-42-43-44; Wilson Teeters, 1841-42-43; James Rose, 1844-45-46; John S. Gardner, 1844-45-46-47-48-49; Hiram Hurd, 1845-46-47-48-49-50-51-52-53; Eleazer Baldwin, 1847-48-49; Martin Wright, 1850-51-5253-54-55 ; Michael Reed, 1851-52-53-54-5556; William Morgan, 1855-56-57; John Orwig, 1856-57-58-59-60-61; Sanford G. Baker. 1858-59; Joseph R. Clark, 1858-59-60-61-62- 64 ; Benjamin Inman, 1860-61-62-63-64-6566-67-68-69-70-71-72 ; John Beery, 1862-63- 64 ; Carmi G. Sanford, 1864-65-66; S. E. Walters, 1865-66-67; Henry Reiling, 1867-68-6970-71-72; David Fuller, 1868-69-70-71-72; Martin Longanbach, 1872-73-74-75-76-77; John Morrison, 1873-74-75-76-77; William Sandwisch, 1874-75-76-77; Manuel Maurer, 1877-78-79-87-88-89; N. G. Rathburn, 187879-80-81-82-83 ; Byron 0. Connor, 1879-80- 81-82-83-84; D. S. Tinney, 1880-81-82-83- 84; Samuel Boor, 1884-85-86; Peter Darr, 1885-86-87; George F. Wilt, 1887-88-89-9091-92; Joseph Gschwindt, 1889-90-91-92-9394; James E. Wickert, 1890-91-92-1900-0102 ; Jacob A. Gabel, 1892-93-94-95-97-98; Elisha Haff, 1893-94-95-96-97-98; Henry Herman, 1894-95-96-97; Christian Kizer, 1895-96-97; B. B. Overmyer, 1897-98-991900-01-02 ; Myron Huffman, 1899-1900-01; Winfield S. Bair, 1901-02-03-04-05-06; E. H. Ganz, 1902-03-04-05-06-07-08-09; John W. Sandwisch, 1903-04-05-06-07-08-09; John Swint, 1907-08-09, incumbent; Henry Bergman, 1909, incumbent; James I. Longanbach, 1909, incumbent.

Infirmary Directors-The records of names of persons who have occupied this inferior office, but one with very important functions, have been so imperfectly kept as to make it impossible to give an accurate roster as to names or dates. The following named persons, however, have filled the office about the dates given; 1850, Franklin Gale, Joseph Reed, Alvin Coles; 1851, William Hamer; 1862, James Parks; 1864, Samuel Skinner; 1865, James Huss, Theodore Clapp; 1867, Charles Clapp; 1869, C. Doncyson, John Morrison, and H. B. Hineline ; 1871, Daniel Seaman and Fred Smith; 1872, Jacob Ruth and John Taylor; 1873, C. Doncyson; 1874, N. G. Rathburn; 1875, Charles Livingstine; 1879, Jonathan Spohn and A. Young; 1880, William Hufford ; 1881, Burr Huss; 1882, Geo. Engler and V. R. Coonrod; 1880, Charles White; 1883, Isaac Strobl; 1884, N. Engler; 1885, M. Gilmore; 1888-89-90-91 and '92, Andrew Kline; 189o, 96, James Raph; 1891-97, Andrew Litz; Jacob Engler, 1885-91; R. H. Skinner, 1896--98; M. L. Huss, 1897-03; B. M. Reed, 1893-95; C. Bisnette, 1898-03; A. Rimelspach, 1901-06; Frank Crosby, 1903-06; Peter Stepniak, 1904-09; Leonard Carr, 1904-o9;

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David E. Dieffenbach, 1909, incumbent; John Hilt, 1909, incumbent ; Peter Stepniak, 1909, incumbent.

Representatives in the State Legislature-1821, Lyman Farwell; 1822, Eleutheros Cooke ; 1824, Jeremiah Everett ; 1825, Josiah Hedges ; 1827, Samuel M. Lockwood ; 1830, Josiah Hedges; 1831, Harvey J. Harmon; 1832, Jeremiah Everett ; 1834, Jaques Hulburd; 1835, William C. Craighill; 1837, Samuel Treat; 1838, John Welch; 1840, Amos E. Wood; 1841, Moses McAnelly; 1841, Amos. E. Wood; 1842, G. W. Baird and Henry C. Brish; 1843, William C. Craighill and Samuel Waggoner; 1844, John Bell ; 1846, Matthew M. Coe; 1848, Isaac Van Doren; 1849, Eber Wilson ; 1852, Isaac Knapp; 1854, Abner J. Dickinson ; 1852, John L. Greene, Sr. ; 1858, Thomas P. Finefrock; 1860, Charles Powers; 1862, Alonzo Thorpe; 1864, Oliver McIntyre ; 1866, James Parks ; 1870, Hiram W. Winslow; 1872, Andrew Smith ; 1874-78, Benjamin Inman ; 1878-80, Almon Dunham ; 1882, Peter Brady, 1884-86, James R. Francisco; 1888-90, James Hunt; 1892, G. F. Aldrich ; 1894, G. F. Keefer ; 1896, G. F. Aldrich; 1898-1900, H. C. DeRan ; 1902, E. R. Tyler; 190409, John J. Lehman, Lewis F. White, 1909, incumbent.

State Senators-1821, Samuel V. Phelps, Jonathan Foster and Alfred Kelley ; 1823, Samuel Wheeler, Jonathan Sloan and Jabez Wright ; 1824, Jabez Wright, Samuel Wheeler and Aaron Norton ; 1826, James Koken ; 1828, David Campbell ; 1830, Samuel M. Lockwood ; 1832. Daniel Tilden ; 1835, Joseph Howard; 1837, David E. Owen; 1838, William B. Craighill; 1840, John Goodin; 1842, Moses McAnelly; 1844, Amos E. Wood; 1846, Henry Cronise; 1848, James Myers ; 1852, E. P. Hill; 1854, A. G. Sutton; 1856, R. P. Buck-land ; 1858, F. D. Parrish; 1862, John Kelley ; 1864, Frederick Wickham; 1866, E. B. Sadler; 1868, Homer Everett ; 1870, Homer Everett and Joseph M. Root; 1872, W. O. Parker ; 1874-77, John H. Hudson; 1878, C. S. Parker ; 1880, H. E. O'Hagen ; 1882, Godfrey Jaeger; 1886, Joseph Zimmerman ; 1890, G. F. Brady and J. N. Soncrant ; 1892, H. L. Stewart; 1894, J. F. Laning; 1898, John Mitchell; 1902, C. A. Judson; 1906, John C. Drake; 1909, T. A. Dean, incumbent.

Congressmen Front Districts Embracing Sandusky County-1822, Mordecai Bartley; 1830, Euleutheros Cooke; 1832, William Patterson ; 1836, William Hunter ; 1838, George Sweeney ; 1842, Henry St. John ; 1846-1848, Rodolphus Dickinson, Sandusky County, (died March 30, 1849) ; 1849, Amos E. Wood, Sandusky (died August, 1850) ; 1850, John Bell, Sandusky; 1850, Fred W. Greene to succeed Bell; 1854, Cooper K. Watson; 1856, L. B. Hall ; 1858, John Carey ; 1860, Warren P. Noble; 1864, Ralph P. Buckland, Sandusky ; 1868, Edward F. Dickinson, Sandusky ; 1870, Charles Foster ; 1878, Frank H. Hurd ; 1880, John B. Rice, Sandusky; 1882, Frank H. Hurd ; 1884, Jacob Romeis ; 1888, William E. Haynes, Sandusky ; 1892, D. D. Hare; 1894, S. D. Harris ; 1896, James A. Norton; 1902, A. H. Jackson, Sandusky; 1904, Grant E. Mouser; 1908, Carl C. Anderson, incumbent.

CHAPTER X.

SANDUSKY COUNTY'S EARLY JUDICIARY.

Territorial Judiciary of Ohio—State Judiciary—Supreme and .Common Pleas Courts of Sandusky County—Names of Judges Holding Courts Therein—First Term of Common Pleas Court—Some Important Cases—Sketches of the Six Common Pleas President Judges—Nantes of Associate Judges—First Term of Supreme Court—Names of Judges-The Bar of Pioneer Days—Itinerant Lawyers—Resident Lawyers, With Brief Biographical Sketches.

OH YES! A COURT IS OPENED FOR THE ADMINISTRATION OF EVEN MINDED JUSTICE TO THE POOR AND THE RICH ; TO THE GUILTY AND THE INNOCENT, WITHOUT RESPECT TO PERSONS; NONE TO BE PUNISHED WITHOUT TRIAL BY THEIR PEERS, AND THEN IN PURSUANCE OF THE LAWS AND EVIDENCE IN THE CASE.

Proclamation ̊belting the first Common. Pleas Court in Ohio at Marietta, second Tuesday in September, 1878.)

TERRITORIAL JUDICIARY OF OHIO.

(1787-1802. )

Soon after the adoption of the Ordinance of 1787 the first territorial government was organized by Congress.

Gen. Arthur St. Clair was appointed governor and commander in chief, Samuel Holden Parsons, James Mitchell Varnum and John Armstrong were appointed judges, and Winthrop Sargent secretary of the territory. Armstrong declined and John Cleves Symmes was appointed judge in his place. On July 9, 1788, the governor arrived at Marietta accompanied with Judges Parsons and Varnum and these were soon joined by Judge Symmes, and there was then provided the first form of civil government within the territory. The judges or any two of them constituted a court with common law jurisdiction. All power, legislative, judicial and executive was concentrated in the governor and judges. The governor had authority to appoint all officers of the militia below the rank of general and all magistrates and civil officers except the judges and secretary of the territory, and to lay out townships and counties, where 'the Indian titles might be extinguished. The legislative power vested in the governor and judges, was intended, however, to extend only to the adoption of such laws of the original states as might be suited to the circumstances of the country ; but they did not strictly confine themselves to this restriction ; when they could not find laws of the original states thus suited to the condition of the country 'they supplied the want by enactments of their own ; it seems, however, that they did it judiciously, for they were subsequently confirmed by the territorial legislature in 1799.

There was then no fixed seat of government, properly so called. The governor resided at Cincinnati ; the laws were passed whenever they seemed to be needed and promulgated at any place where the governor and judges might be assembled. The earliest laws were published mostly at Marietta, a few at Vincennes and the remainder at Cincinnati.

In 1792 Congress passed an act giving to the governor and judges authority to repeal the laws made by them ; and enabling a single judge of the general court, in the absence of his brethren, to hold terms of court.

The judges constituted the Supreme Court of 'the territory, and their jurisdiction extended over the whole region northwest of the Ohio. which of course embraced our Sandusky Valley. The court at first had no certain place of

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holding sessions and its process, civil and criminal, was returnable wheresoever it might happen to be in the territory.

INFERIOR COURTS.

Inferior to this court were the county courts of Common Pleas, and the general quarter sessions of the peace. The Common Pleas Court .consisted of any number of judges not less than three nor morn than seven, and had a general common law juristiction, concurrent in the respective counties, with that of the Supreme Court; and to hold two terms in each year, which was increased .to four terms in 1790. The quarter session of the peace consisted of a number of justices of the peace for each county. to be determined by the goyernor. This court was to hold three terms in every year, and had a limited criminal jurisdiction. .Besides these courts each county had a judge of probate, clothed with the ordinary jurisdiction of a probate court. The expenses of this system were defrayed in part by the National Government, and in part by assessment upon the country, but principally by fees which were payable to every officer from the judges downward.

CORN THE STANDARD OF VALUES.

In the first law regulating fees (August 1st, 1792) is the following curious proyision :

"And whereas a dollar varies in its real value in the several counties of the territory, some provision ought, in kind, to be made, therefore, Be it enacted : That for eyery cent allowed by this Act, one auart of Indian corn may be demanded and taken by the person to whom the fee is coming, as an equivalent for the cent, always at the election of the person receiving the same, whether to accept of his fee in Indian corn or in specie, at the sum affixed by the foregoing table of fees, one quart of Indian corn being always equal to one cent, and so at that rate for a greater or less sum." Corn it seems was then the standard of values !

JUDICIARY REVISED.

In 1795 the governor and judges revised the territorial laws. Laws were adopted to regulate judgments and executions and for many other general purposes, and notably one providing that the common law of England and all general statutes in aid of the common law, prior to the fourth year of James I, should be in full force within the territory. The laws adopted in 1795 have been commonly known as the Maxwell Code.

The General Court was fixed at Cincinnati, and Marietta, and a circuit court composed of the supreme judges, or any one of them was established with power to try issues in fact, in the several counties depending before the superior tribunal, where alone causes could be finally decided. Terms were to be held twice a year. Orphan's courts were established with jurisdiction analogous to, but more extensive than that of a probate judge. From this time forward there were no changes materially effecting the judiciary, until the convening of the territorial legislature, which body, December 9, 1800, passed an act modifying the law concerning the circuit courts, among other things, by creating six separate districts, and fixing the places of holding terms by one or more judges of the territory annually therein, to try all issues in fact, that might be joined in any case in the General Court. The county of Wayne, which then included our Sandusky Valley, was made a district with Detroit as the place of holding the court. Whether any case between inhabitants of this region ever came before this court, there is no evidence at hand to show, but to this jurisdiction they were subject, if any had existed.

STATE JUDICIARY.

1802-1852.

The convention which framed the first constitution of our State met at Chillicothe on the first Monday of November, 1802. Concerning the judiciary it contained the following clause:

"The judicial power of the state both as to matter of law and equity shall be vested in a Supreme Court, Court of Common Pleas for each county; in justice of the Peace, and in such other courts as the Legislature may from time to time establish."

It further provided that the Supreme Court should consist of three judges, any two of whom should form a quorum; that they should be appointed by a joint ballot of both houses of the General Assembly and should hold their offices for the term of seven years, if so long they behaved well.

The first General Assembly, which met at Chillicothe, March 1, 1803, on the 15th day of April following passed an act for the organi-

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zation of the judiciary. This legislation abolished all courts which had been established during the existence of the territorial government.

The judicial system of Ohio under the constitution of 1802 and the statutes in pursuance thereof was as follows :

The Supreme Court, composed of three judges, until 1804, four from then until 181o, three from then until 1816, and from the last date four again to close of February 9, 1852. Terms were held once a year in each county by any two of the judges who formed a quorum. A general term was held once a year at the Capitol by all the judges and known as the court in bank. The Supreme Court had concurrent jurisdiction with the Common Pleas Court when the amount in dispute exceeded one thousand dollars; appellate jurisdiction in all cases where that court had original exclusive jurisdiction ; exclusive jurisdiction in capital punishment cases, except that from and after the year 1825 the law permitted persons charged with capital crimes to be tried in the Common Pleas Court, at their option ; and it had exclusive jurisdiction in all cases of divorce and alimony until the year 1843, at which time concurrent juristiction was conferred by the legislature upon the Common Please Court. in divorce cases.

The Common Pleas Court, composed of a lawyer as a president judge for each circuit. and not less than two nor more than three laymen as associate judges for each county, and resident therein. This court had original jurisdiction in all criminal cases except in capital punishment cases ; in all civil cases where the jurisdiction exceeded that of justices of the peace ; appelate jurisdiction from justices of the peace and original jurisdiction in all probate matters. The associate judges could hold special terms for the transaction of probate matters and were in their judicial capacity, substantially the probate court. All judges were elected by the State Legislature for the term of seven years if they behaved well so long.

Justices of the Peace, who were elected 1w the voters of each township in the several counties

for terms of three years with jurisdiction limited to small amounts in civil cases and preliminary hearing in criminal charges. In all courts the common law forms of actions, prevailed.

Prosecuting Attorneys, as heretofore Stated. for both the Supreme and Common Pleas Courts for each county were, until 1833 appointed by the courts, to hold office during the pleasure of the courts making the appointment. After 1833 they were elected by the voters of the county for a term of two years.

Clerk of Courts, as we have seen were, both. for the. Supreme and Common Pleas Courts appointed by the courts in which they served, for the term of seven years, where the appointment was not pro tempore.

By an act of the State Legislature of April 15, 1803, organizing the judicial courts, the whole state was divided into three judicial circuits, the territory which became the county of Sandusky being embraced within Franklin County in the Second Circuit. In 1809 it was annexed to Delaware County, which was then in the Fourth Circuit, created in 1808, and there remained with Delaware County, until transferred from Delaware County to the county of Huron in 1815 for judicial purposes. which placed it within the Third Circuit of Ohio, where it remained, as a part of Huron, until the county of Sandusky was organized in 1820, which was then as a county, attached to the Third Judicial Circuit, of which Judge George Tod was president judge.

INDIAN MURDER TRIAL EPISODE.

While thus within the jurisdiction of Huron County, occurred the trial at Norwalk of three Indians by the names of Negosheek, Negoneby and Negossum for the killing. within the Lower Sandusky region, soon to become Sandusky County, of two white men, trappers, by the names of John Wood and George Bishop, near the present site of Oak Harbor on the Portage River. Joshia Rumery, who was afterward auditor of Sandusky County, was one of the jurors in 'the trial, which was at the May term, 1819. Judge George Tod was the president judge and Ebnezer Lane, the prosecuting attorney. The record of the case is found in Vol. I. p. 217, Law record, Huron County, Common Pleas Court. The late Judge Welch, of Greenspring, Ohio, who was familiar with the facts, gives the following account of the

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affair, which we are kindly permitted by the W. R. Hist. Society to use. Judge Welch writes : "In 1817, I think, or perhaps 1818, two men, Wood and Bishop, of Sandusky and the Peninsula, went up the Portage River, trapping coon. They had guns, ponies and considerable fur and other property. There, Indians, part Potawatomies and part Ottawas, came to their camp. The two elder killed the whites. A friendly Indian found the bodies of the whites and revealed the crime giving a clue to the murderers.

"A Captain Burt, of Milan, raised a squad of seventeen or eighteen men in Huron County, then just organized. Burt demanded the murderers, threatening that if they were not given up the Government would exterminate the tribe. The rogues were surrendered, taken to Norwalk and confined, handcuffed and chained to the floor in a hatter's shop. Sometime after, they were let out for a few moments. They slipped their hands out of the cuffs (an Indian's hand is like a woman's) caught up their chains and ran. The jailer shot one in the shoulder, but all got away. We then liyed 5 miles south of Norwalk ; all that could carry guns turned out and searched the woods around Monroeville, between Norwalk and the river. At night we formed a line just so we could perceive if any one passed, but we could not find them. Two of them got back to the nation. The old one shot was found two or three weeks after by a man hunting cattle between Milan and Monroeville. He had lived on roots. His wound was very bad. The other two had already been returned by the nation, camped on the Maumee.

"All were tried together at Norwalk. The youngest (about 17), turned State's evidence. He said he was with them but 'took no part in the murder, but they compelled him to break the legs of the victims with a hatchet afterwards, so he would not inform. He was a fine looking boy. He was acquitted. He sat on 'the floor and when so informed by an interpreter he sprang to his feet and gave a terrible yell of rejoicing. The other two men were found guilty and sentenced to be hung. Before they were hung there were so many more Indians than whites. there was much excitement, it being reported that a rescue was to be attempted. Burt gathered his company. Four, of whom I was one, were placed at the door to keep away the crowd. There were many whites from Cleveland, Mansfield, Sandusky and about the bay, men, women and children. The Indians outside made motions 'to shoot or bayonet the criminals, also making mutterings and shaking their heads at hanging. It is terribly against their nature to be hung like a dog. The captives were placed on a wagon and we opposite the wheels. When we got half way they gave a very savage yell, which made very great excitement, being supposed to be the signal for rescue, but no one came near.

It has been reported that they were given liquor. It is a mistake I have desired to correct. The sheriff (first in the county, named Lyman Farwell) told 'them that if they went out quietly and walked up to the gallows he would give them something to drink ; he did not say what. When they were seated they were handed a black junk bottle filled with water. One of them put it on his mouth, but at once pushed it away and shook his head. He wanted rum and was very angry. When the circle formed I was inside and within 10 feet of the drop. The gallows had a trap door with a key which the sheriff knocked away with an adze. They fell so that their feet were about 4 feet below the scaffold and not near the ground. One had his neck broken. I think. I saw no sign of life. The other did not break his neck and struggled for some time. I can not tell how long, but am sure as long as a man can live without breath. They were hung between r and 2 P. M. and after it was over the Indians got to drinking and fighting among 'themselves."

Sandusky County remained in the Third Circuit, which embraced the counties of Portage, Medina, Huron, Cuyahoga, Ashtabula, Geauga, Trumbull, Sandusky and Wood, until February no, 1824, when. it was placed in the second circuit with the counties of Union, Dela- ware, Marion, Seneca, Wood, Williams, Huron and Richland. January 27, 1846, Sandusky County became a part of the Thirteenth Circuit with the counties of Wood, Erie, Huron, Ottawa, Henry and Lucas, and so remained until 1852.

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PRESIDENT JUDGES.

The president judges holding courts in Sandusky County from its organization until the close of the Constitution of 1802, in 1852, were as follows :

1. George Tod, May term of 182o to close of October term, 1823 ;

2. Ebenezer Lane, May term, 1824, to close of October term, 1830;

3. David Higgins, May term, 1831, to close of October term, 1837 ;

4. Ozias Bowen, March term, 1838, to close of October term, 1844;

5. Myron H. Tilden, March term, 1845, to close of October term, 1846 ;

6. Ebenezer B. Sadler, March term, 1847, to close of October term, 1851, the last term under 'the first constitution.

FIRST TERM OF THE COMMON PLEAS COURT.

The first term of the Common Pleas Court of Sandusky, was held in Croghansville, the temporary seat of justice, on May 8, 1820, Hon. George Tod, president judge of the Third Circuit presiding, with Israel Harrington, Alexander Morrison and David Harrold, associate judges. Willis E. Brown was the sheriff and Jacob Parker of Richland County was the first prosecuting attorney. Court was duly opened by proclamation of Sheriff Willis E. Brown.

On the return of the venire for the grand jury, it being found that the same had not been issued the length of time required by law, it was challenged, and the panel quashed ; and thereupon the sheriff was ordered to select a news grand jury from the bystanders, which was accordingly done. The following were selected.

Joshua Davis, Elijah Brayton, Charles B. Fitch, Reuben Bristol, Elisha W. Howland, Jonathan H. Jerome, William Morrison, Joshia Rumerv. Nicholas Whitinger, William Andrews, Ruel Loomis, James Montgomery, Caleb Rice, Robert Harvey, Thomas Webb ; whereupon Charles B. Fitch was appointed foreman and took the oath prescribed by law, and his fellow jurors, after having taken the same oath, received a solemn charge from the court and retired.

These grand furors seem to have been diligent, for the next day they closed their labors for the term, by returning seven indictments, three of which were against persons for selling liquor to Indians.

Among the other four was one against one Almeron Sands for assault and battery on the body of Calvin Leesen. Leesen, the person assaulted, was one of the parties indicted for selling whisky to the Indians. Sands was immediately arraigned and entering a plea of guilty, was sentenced to pay a fine of $15.6o. This was the first indictment returned and the first fine ever entered in this court.

A small book, six by eight inches, with two hundred and sixty pages, is Journal No. 1 of the Common Pleas Court of Sandusky County and contains all the proceedings of this court from May 8, 1820, to March 24, 1824, inclusive.

The first term lasted three days. There were no trials at the first term either by the court or to a jury. Letters of administration were granted on the estate of John Orr, deceased, to West Barney ; on the estate of Gabriel Nellard, deceased, to Joseph Nellard; and on the estate of Aaron T. Keer to Moses Nichols; Seneca Township was granted the privilege of electing two justices of the peace, licenses were granted to William Andrews and Samuel Cockran, to keep taverns in Sandusky Township in their respective dwellings on paying $15.00 and $6.00 respectively for the privilege. The first judgment for money was at this term in the suit of Alexander Morrison against William Morrison. The journal shows that the plaintiff came into court with his attorney, E. Lane, and the defendant in his own proper person came and said : "that he cannot gainsay the plaintiff's demand ; and doth confess to owe unto the plaintiff the sum of $271.75 debt." Judgement was entered accordingly and "that the defendant be held in mercy, etc."

The court fixed the rates of ferriage license across the Sandusky River as follows :

Footman, 6 1/4 cents ; man and horse, 12 1/2 cents ; wagon and one horse, 25 cents ; wagon and two horses, 37 1/2 cents and for a wagon and four horses 50 cents. Portage County was also authorized to elect a justice of the peace.

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The second term of the Common Pleas Court was held in October, 1821, and lasted four days. George Kemp, a subject of Great Britain, was admitted to citizenship. At this term like the first the venire for the grand jury was quashed and a new venire was ordered returnable forthwith. whereupon 'the sheriff returned the following : Charles B. Fitch, Jesse S. Olmsted, Samuel Baker, John Drury, Josiah Parrish, William Christie, Hugh Knox, Wilford Norris, George Shannon, Ruel Loomis, John D. Davis, Jonathan H. Jerome, Thomas Emerson and Asa B. Gavit. Charles B. Fitch was appointed foreman. The jurors were sworn and "retired to a private room in discharge of their duty."

Thomas L. Hawkins was granted license 'to keep a ferry across the Sandusky River at the crossing of the road from the town of Croghansville to Sandusky on payment of $1.00.

The prosecuting attorney nollied some of the indictments, among them one against George G. Olmsted for selling liquor 'to an Indian named Seneca Jim.

William Chard entered a plea of guilty to an assault and battery and was fined $1.0o and cost. Jacob Parker, prosecuting attorney, was allowed for his services for the term $30.00.

The first jury trial in the county was at the May term, 1822. The case was The State of Ohio vs. Sally Wolcott, indicted for burning a house owned by Moses Nichols. Pickett Latimer of Huron County was prosecuting attorney. The jurors were Levi Cressas, John Eaton, Giles Thompson, Joseph Keeler, Alexander McNutt. Phinias Frary, Asa B. Gavit, John Searles. Jonathan H. Jerome, William Clark, Caleb Rice and Jared H. Miner.

The jury returned a verdict of "not guilty" and the defendant was discharged. This trial was had in the log house on the west side, in the permanent seat of justice and at the first term of court held therein.

At the May term, 1824, of the Common jurors : Asa B. Gavit, Elisha B. Johnson, Joseph Loveland, James Knapp, James Justice, Daniel Brainard, Jr., Geo. G. Olmsted, Isaac Van Doren, John Davenport, Helsey Forguson, James A. Scranton and John Prior. Nimble Jim was a minor and Montgomery, his next friend, was a pioneer Methodist preacher in this region. Eleuthorus Cooke, of Sandusky, appeared for 'the Indian and Judge Parrish for Chena. It was a case in replevin for a colt or pony which the Indian claimed to own. His statement was, that he had raised the pony from a colt and that it was only 3 years old, and having been put out a few miles from where Chena lived, while he, Nimble Jim, was on a hunting expedition, the pony left him and was making his way home to the Seneca reserve, and while thus on its way it was taken up by Chena, who refused to give it up and claimed that he had raised it from a colt, that it was 4 years old and was his colt, and not the Indian's. On the trial there were four Indians called as witnesses, George, a chief being one. The question arose as to what form of oath was to be administered to savage Indians to testify to the truth.

Judge Lane who was presiding, through an interpreter questioned Chief George as follows: "Do you believe the Great Spirit will punish you if you tell a lie about the horse ?" Chief George replied with considerable warmth : "Me tell no lie for any man's horse." Whereupon Judge Lane, through an interpreter, called all four of the Indian witnesses up and administrated to them the following oath : "You and each of you do not believe, that the Great Spirit will punish each one of you, if you tell a lie about the ownership of the horse in dispute between the Indian and the white man."

The Indians all swore that the pony belonged to the Indian and that he was only 3 years old. Chena brought four white men as witnesses who testified that the pony belonged to him and that it was 4 years old the last spring. Judge Lane had the sheriff bring in as witness three men who professed to be able to tell the age of a horse by examining his teeth, which the sheriff accordingly did. The pony's teeth were examined by them and they all testified that the pony was only 3 years old. The case being. submitted to the jury, they to the surprise of all present returned a verdict against the Indian, in the sum of $20.00 for the value of the pony and the sum of $10.00 damages. The Indians present showed their resentment, and the white men attending court, in order to

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pacify them and save possible trouble, made up a "pony" purse and paid off the white man's claim, to the great pleasure of the Indian who was clearly the owner of the pony. This satisfied the Indians who were present.

RIPARIAN RIGHTS.

The case of Gavit vs. Chambers, involving ownership of the beds of Sandusky River was brought in the Common Pleas Court while Judge Lane was on the bench. This was an action to'recover damages caused by the erection of a mill clam across the river, causing the water to flow back and cover a stone quarry worked by Gavit, near the middle of the stream, which he claimed title to by reason of his ownership of the lands along the banks next to the same. Judge Lane charged the jury that Gavit could not set up a valid right by reason of his ownership of the adjacent land, because the stream being a navigable one under the law, Gavit did not own to the center of the same, and had no right to the quarry. The case went to the Supreme Court and at the December term, 1828, the judgment of the Common Pleas Court was reversed, the Supreme Court holding that the owners of lands on the banks of navigable streams running through Ohio, were also owners of the beds of the rivers to the middle of the streams, subject only to the easement of navigation, thus deciding an important question for the first time made in the state (3. O. R. 495).

This ruling was followed later by the Supreme Court in the case of June vs. Purcell. (36, O. S. 396) which also went from this county, and is the settled doctrine and has become a rule of property in Ohio.

A JURISDICTIONAL QUESTION.

An interesting question now involving the criminal jurisdiction affecting the tribes in the Seneca reserve arose about the year 1828. It seems that Seneca John, an Indian Chief, had been. by a council of the tribe, adjudged guilty of causing the death of a brother named Comstock, a chief, in order, as was alleged, that he might succeed to the position of chief in his brother's stead. He was sentenced to be executed and his brother, Coonstick was by law of the tribe, made his executioner. This sen tence Coonstick executed by the aid of another brother named Steel; Coonstick was arrested by a constable and brought before a magistrate in Lower Sandusky charged with murder. The Supreme Court being in session there at the time, the question was raised by the defense for the Indian that the state authorities had no jurisdiction over the matter. The Supreme judges were consulted and gave it as their opinion that the Indian tribes had complete jurisdiction in such matters, under their laws of government, and that Coonstick was acting in the capacity of an executioner only. He was accordingly discharged. Judge Higgins is authority for the statement. No court record, however, of the case appears, but there is no doubt of the correctness of Judge Higgins' account, as he was familiar with the court proceedings at the time. It is very probable that no papers were filed in the matter, and that the opinion of the Supreme Court judges was given more in the way of advice than in a formal decision.

NOTED MURDER CASES.

At the September term, 1842, and on September 14, the grand jury of which Charles Lindsey was foreman, returned two indictments for murder in the first degree ; one against Joseph Sperry, who lived near Green-spring, for killing his wife. Catherine, in a fit of jealous rage, April 9, 1842. by striking her in the temple with a flat-iron. The other indictment was against George Thompson for the killing of a young woman by the name of Catherine Hamler in the Exchange Hotel at Bellevue, on May 3o, 1842, by shooting her because she refused his offer of marriage.

Sperry was tried at once. He was defended by Homer Everett and N. B. Eddy, the defense being that his wife had accidently fallen from a ladder in the house, which reached the garret, and in falling struck her head against the corner of a stone in the fire-place. W. W. Culver was prosecuting attorney and was assisted by Cooper K. Watson. Judge Bowen and associates McIntyre, Knapp and Overmyer were the judges. The trial lasted five days and the jury found him guilty as charged. He was sentenced to be hung November 2, 1842, and remanded to prison to await his execution.

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On Sunday, September 30, his two children, a little son and daughter, were taken to the prison to see him for the last time, and in some way he procured a pocket-knife from the boy and secretly breaking off and retaining the point of the blade, handed the knife back. With the point of the blade thus procured he committed suicide that night by cutting an artery and bleeding to death.

Thompson, his fellow prisoner, witnessed the tragic end of Sperry's life, but did nothing to preyent it, saying afterwards he would prefer a countryman of his would kill himself rather than to be hung. They were both Englishmen. In Common Pleas Court Journal No. 4, at pages 600 and 601, will appear, to the left, the record of Sperry's sentence and to the right the probating of his will, which he had made before his death.

Thompson effected two escapes from prison, and was finally captured at Ottawa, Ill., and in March, 1844, brought hack, and June 20, 1844, was tried, the same judges presiding as in the Sperry case. He was defended by Brice J. Bartlett and Cooper K. Watson. The state was represented by W. W. Culyer, prosecuting attorney. and L. B. Ottis. The defense was insanity. Thompson was convicted and sentenced to be hung July 12, 1844, which sentence was carried into effect by John Strohl, sheriff, in the rear of the new court house, which had lately been built. An enclosure to screen the hanging from public view was erected, but just at the time the execution was to take place, some reckless persons suddenly tore clown this enclosure and the sad spectacle was exposed to the full view of the assembled crowd. The venerable Dr. Beaugrand was present as one of the physicians at the execution, and in a recent conversation with the author, gave a dramatic picture of the appearance and condition of the prisoner as he saw him in that barbarous subterranean prison, with palid face and prostrate form, kneeling with the priest just previous to the hanging, a sight, he said, most affecting and never to he forgotten.

SALARIES OF JUDGES.

From 1803 to 1837 the Salary of a Supreme judge was $goo per year and that of the president judge of the Common Pleas Court $750. Judge Tood was allowed $200 in addition, for going to Sandusky and Wood Counties, for they were added to his circuit. In 1837 the salary of each Supreme judge was increased to $1,500 per year and that of the president judge of the Common Pleas to $1,200. These salaries thus remained until 1852. The president judges traveled many hundreds of miles each year upon circuits in which the best roads were very poor and the most of them often impassible, on wheels. Members of the county bar traveled with the judges—not an easy thing in those days of wilderness and swamp. Judge Higgins, in his "Memories" for Knapp's history, relates an instance which illustrates the difficulties encountered in those itineraries. They had held court at Findlay ; from there their circuit route took them first to Defiance and from thence to Perrysburgh. To go on horseback was then almost impossible, so they hired a man to take their horses through the Black Swamp direct to Perrysburgh, and procuring a pirougue the judge and his party of lawyers, Rodolphus Dickinson of Lower Sandusky, being one of them, with saddles, bridles and baggage, descended the Blanchard and Auglaiz Rivers, a dismal voyage through an unsettled wilderness of sixty miles to Defiance, and from thence down the Maumee River to Perrysburgh. "The saddle bags carried Ohio statutes, then small in bulk, Black-stone's Commentaries, sometimes Cook or Littleton; sometimes a volume or two of an English law or equity report. Such a life made these judges thinkers. If riding alone each had ample time and temptation to beguile the tedium of slow travel by putting to himself legal cases, question and problems and solving them upon principle. Out of such a life those who were blessed with legal ability and judicial minds grew to be great judges and caused right and justice to prevail within their jurisdictions and left behind them, among lawyers and people high reputations for ability and in tegrity."

And receiving their positions from the State Legislature instead of popular vote, they were to a greater extent, than where elected by the latter method, as at present, relieved from the

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temptation of resorting to partisan political practices in order to hold their places. Comparatively greater dignity attached to the office of judge in those pioneer days, as we sometimes call those closing with the first constitution in 1852, than in the present.

We give a biographical sketches of the six president judges who held courts in Sandusky County, under the old system.

JUDGE GEORGE TOD.

George Tod was born at Suffield, Connecticut, December 11, 1773, was graduated from Yale College in 1795, and subsequently studied law at New Haven, Connecticut. He was there admitted to the bar and entered upon the practice of his profession. In 1880 he accompanied a party of prospectors to the Western Reserve and formed so favorable an opinion of the great opportunities for business and professional development in Ohio that he made plans, which he later successfully carried out, to become a resident of this beautiful state.

In 1801 Judge Tod removed, with his wife and two children, to Youngstown, and in the same year was appointed secretary for the territory of Ohio, by Gov. Arthur St. Clair. In 1802 Ohio became a state and at the first election held thereafter at Youngstown, George Tod was elected clerk of Youngstown Township, to which office he was subsequently reelected. He continued in the practice of his profession but was soon called into active public life, being elected state senator from Trumbull County, serving in the session of 1804-05, and again, in the same capacity, in 1810-11. In the interim between these two terms of service, he filled for four years an important position on the bench, serving for four years as a judge of the Supreme Court of Ohio, which service was terminated in 1810.

At the opening of the War of 1812, Judge Tod signified his intention of taking an active part in military operations and was first commissioned major of the Nineteenth Ohio Regiment, later serving as colonel. On the field Judge Tod distinguished himself, participating in the battles of Fort Meigs and Sackett's Harbor. At the close of the war he returned once more to the practice of law, but in 1815 he was again honored by his fellow-citizens, being elected president judge of the court of Common Pleas, an office he held until 1829. With the exception of one term as prosecuting attorney of Trumbull County, this closed Judge Tod's public career. Upon the retirement from the cares and duties which had so completely filled so many years of his life, the aged jurist sought recreation in looking after his farm, to which he had given the name of "Briar Hill." This was appropriate on account of the abundance of briars then found there. The name remains, but in these latter days it represents a wealth of coal, and its material products are carried over a large part of the world. At a later date the farm passed into the more practical hands of his son David, and it still remains a possession of the family. David Tod, the son of George Tod, was one of the war governors of Ohio.

Judge Tod married in 1797 to Sally Isaacs, who was a daughter of Ralph and Mary Isaacs. Their long and happy companionship lasted for forty-four years, being broken by the death of Judge Tod in 1841. The wife survived until 1847.

JUDGE EBENEZER LANE.

Ebenezer Lane was born at Northampton, Massachusetts, September 17, 1793. He prepared for college at a grammar school at Leicester at 8 years of age, and at the early age of 14 entered the University of Cambridge, from which he graduated in 1811. One of his classmates was Edward Everett. He studied law with his uncle, Matthew Griswold, and began practice at Norwich in 1814. In 1817 he emigrated west and located first at Elyria, where he engaged for a time in farming. Desiring to return to New England he went on foot by the way of Pittsburg, a distance of 700 miles. In 1818 he returned to Elyria by stage, but the same year he went back to New England where in October of that year at Lynne, Connecticut, he was married to Frances Ann, daughter of Geo. Roger Griswold, with whom he returned again to Elyria where he and his bride commenced housekeeping on a farm near that village.

In October, 1818, he and his young wife and babe, removed to Norwalk, Huron County,

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going on horseback. His wife for the first two weeks there did her cooking out doors by a stump.

He had been appointed presecuting attorney for that county and about his first work as such was the prosecution of the Indians for the murder of the white trappers, Wood and Bishop, before mentioned.

In 1824 he was appointed president judge of the second circuit of the Common Pleas Court, serving six years, when he was elevated to the Supreme bench. He occupied the Supreme bench until 1845, when he resigned to engage in a railroad enterprise of much importance, as counsel and director, and removed to Chicago from Sandusky, to which latter city he had removed while on the bench. In 1850 his Alma Mater conferred upon him the degree of L. L. D.

He was an able jurist, clear and concise in thoughts and repression ; his decisions while on the Supreme bench were regarded as models in these particulars. He was an active and consistent member of the Episcopal Church. In 186o he made an extensive European tour. He died in 1866 and was buried in Oakland Cemetery, Sandusky.

JUDGE DAVID HIGGINS.

David Higgins was the eldest son of Rev. David Higgins, and Emma (Gelbert) Higgins. He was born at Lynn, Connecticut, August 2, 1789. His father at that time was pastor of the church at Lynn. In 1801 his father and family moved to Aranelius, now the city of Auburn, New York. During their residence there David, their son, was for two years a student at Yale College. In 1812 his father was called to the Presbyterian Church at Bath, New York. Before this David went to Cambridge, Maryland, as tutor in a private family ; while there he made the acquaintance of and married Miss Cecelia Davis, of Harper's Ferry, Virginia. They soon removed to Angelica, New York, where he practiced law for a few years. Their eldest son, Robert, was born here. Before 1816 they moved to Hamilton, Ohio, performing the journey on horseback, the mother, Mrs. Higgins, carrying the infant son most of the time before her. In 1818 or 1819 they removed again, this time going to Springfield, Ohio, where in 1820 their third child, a daughter, was born. Her name was Mary.

While living in southern Ohio he represented Butler County in the State Legislature and was speaker of the House of Representatives. In 1828 they removed to Norwalk, Ohio, where he practiced law for many years in northern Ohio, until his election by the State Legislature as president judge of the Third Circuit of the Common Pleas Court. He resided in 1841 and 1842 in Maumee City, after that returning to Norwalk, until after the election of James K. Polk, President ; he then went to Washington, D. C., having received the appointment to a clerkship in the Treasury Department, which he retained until his death which occurred in 1873. His wife died in Washington in October, 1846. In 1848 he married Miss Letitia King of Washington who, with two children, a daughter and a son, survived him. During his residence in Norwalk in 1834, his horse running away, he in jumping from the carriage, injured one of his feet, so that amputation was necessary, between the knee and ankle, so that ever afterwards he used an artificial limb.

JUDGE OZIAS BOWEN.

Ozias Bowen was born July 21, 1805, at Augusta, New York. At 18 years of age he came to Ohio, studied law in the office of Gregory Powers, at Canton, and was admitted to the bar September 23, 1828. The same year he came to Marion and began the practice of law. In 1830 and again in 1835 he was elected prosecuting attorney of Marion County. The Legislature in 1838 elected him president judge of the Common Pleas Court, which office he held for fourteen years. Gov. Salmon P. Chase, in 1856, appointed him Supreme judge, and the same year he was elected to that high office by the people. In 186o he was a presidential elector and cast his vote for Abraham Lincoln. In 1861, thirty years after his first election to that office, he was again elected prosecuting attorney. He was regarded as the best-read lawyer of his day in central Ohio. This was due partly to his close application and study and partly to his long service on the bench at a time when the laws

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of the state were being fundamentally interpreted and construed. With Swan, Ranney and Thurman, he helped to lay the foundation of our jurisprudence and in this service became, like his co-workers, a giant at the bar.

In politics Judge Bowen was a whig and one of the pioneers in the anti-slavery movement in Ohio. This, coupled with his service on the bench, led, in 1856, to his nomination and election to the Supreme bench in 1856.

JUDGE MYRON HOLMES TILDEN.

Myron H. Tilden, son of Dr. Myron H. Holmes, was born August 25, 1812. His father died before the birth of the son ; and his mother Nancy Drake Holmes in 1815 married Dr. Daniel Tilden, and in 1817 came to Ohio and settled in Huron County. It will be observed that the son took the name of his step-father.

In 1833 the subject of this sketch entered the law office of Thaddeus Sturgis of Norwalk, Ohio. The place and date of his admission to the bar is not at hand. He settled in Toledo in an early day, and served as the first mayor of the then village of Toledo. In 1844 he was elected by the Legislature president judge of the Thirteenth Circuit, and served seven years. In 185o Judge Tilden moved to Cincinnati, Ohio, and in 1851 was chosen professor of equity in the Cincinnati Law School, which position he filled for fifteen years. In 1873 he was appointed by Governor Noyes, judge of the Superior Court of Cincinnati, to fill the unexpired term of Judge Hagans, and was elected in the following spring for a full term.

In 1833 at Norwalk, Ohio, he married Louezar Morse, daughter of Harvey and Chloe Morse of Norwalk. Judge Tilden died in Cincinnati, Ohio, February 23, 1888. There were three sons and one daughter born to judge Tilden. The daughter, Louise M. Tilden, is the only surviving child. Judge Tilden was a profound lawyer and an able and upright judge.

JUDGE EBENEZER B. SADLER.

Ebenezer B. Sadler was born in Grafton, Massachusetts, November 16, 1808. After living at various places his parents finally settled in Lima, New York, where, at the age of 18. young Sadler started out to make his own way in life, working during the summer as he could find employment and in the winter going to school until he acquired an education sufficient to qualify him for teaching. While teaching he devoted what spare time he had to reading law with John Dickson of West Bloomfield, New York, then a congressman. In May, 1835, he started west finally settling in Sandusky. He there prosecuted his legal studies with Francis D. Parrish. In 1836 he was admitted to the bar, and Mr. Parrish took his as a partner. This partnership continued until 1847, at which time Mr. Sadler was chosen president judge of the Thirteenth Circuit of the Common Pleas Court ; which office he held until February 10, 1852, his term of service then expiring by operation of the new constitution which then came into force. He served as postmaster of Sandusky, mayor of that city, and State senator from his district. In all the official positions filled by him and in the conduct of his professional life he exhibited the highest integrity.

He was the friend of every good work, ready to sacrifice his own comfort, if need be, to the pleasure and good of others. He was fond of the beautiful in art and nature; and during his leisure hours cultivated with devotion choice flowers and fruits. His flower garden in season was a recurring picture of beauty and pleasure lone- to be remembered by his friends and the public. In 1843 lie married Emily Webb. His wife died in 1849 and he never married again.

ASSOCIATE JUDGES, DATES OF FIRST APPOINTMENT.

Israel Harrington, 1820 ; David Harrold, 1820; Alexander Morrison, 182o ; Jeremiah Everett, 1812 ; Charles B. Fitch, 1821 ; Jaques Hulburd, 1822 ; Morris A. Newman, 1824 ; Joel Strawn, 1827 ; E. W. Howland, 1827; Luther Porter, 1832 ; Jacob Nyce, 1834; Isaac Knapp, 1839 ; George Overmyer, Sr., 1839 ; Frederick Chapman, 1840; Jesse S. Olmsted, 1840; Alpheus McIntyre, 1841; Samuel Hafford, 1850.

The associated judges were men of influence in their respective localities, and beside the judgeship, several of them held other important offices in county and state. Judges Fitch, Everett, Newman, Howland, Overmyer and Olmsted were county commissioners; Morri-

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son and Hulburd, clerk of courts ; Everett and Hulburd, representatives in State Legislature; Fitch, county recorder, and Olmsted was at different times sheriff, county auditor and county treasurer.

FIRST TERM OF SUPREME COURT.

The first term of the Supreme Court, in San. dusky County, was held in the log house before mentioned, in the town of Sandusky, April 3o, 1823, by Judges Charles R. Sherman and Jacob Burnet, both distinguished for ability and learning. Judge Sherman. as has before been mentioned, was the father of Gen. William T. Sherman. He was born in Norwalk, Connecticut, September 26, 1788; studied law under the instructions of his father. Taylor Sherman, and was admitted to the Connecticut bar in 181o. In 1811 he settled in Lancaster, Ohio ; was a major in the War of 1812 in a Fairfield County regiment. In 1823 the Legislature elected him a supreme judge. He died suddenly of cholera at Lebanon, Warren County, on January 24, 1829, where he had gone to hold court. Judge Sherman was admired not alone for his splendid abilities as a lawyer, but also for his stainless integrity of character as a judge and man.

Judge Burnet was born at Newark, New Jersey, in 177o, and educated at Princeton. He came to Cincinnati in 1796, then a yillage of a few log cabins and 15o inhabitants, to practice law. In 1799 he became a member and the leading mind of the Legislative Council of the Territorial Government, and was the author of the first constitution. From 1812 to 1816 he was a member of the State Legislature. In 1821 lie was appointed judge of the Supreme Court of Ohio, which office he resigned in 1828 to accept the position of United States senator to fill the vacancy created by the resignation of Gen. W. H. Harrison. He was eminent for his acuteness of intellect and integrity of character as a man. Yearly terms of the Supreme Court were thereafter held in the county by Supreme Judges Sherman, Burnet, Hitchcock, Collett, Brush, Lane, Wright, Wood, Grimke, Birchard, Reed, Avery, Spaulding and Caldwell, holding terms in pairs for each of the several terms, as shown by the journal of said court.

HAYES AND MATTHEWS.

At the August term of 1845 of this court Stanley Matthews, then on a visit to a friend in Lower Sandusky was admitted to the bar as an attorney-at-law.

His friend, Rutherford B. Hayes, then a young lawyer here, was a member of the committee appointed by the court to report on the qualifications of the applicant for admission. A third of a century later this member of the committee had become President of the United States, and Stanley Matthews, having become eminent as a lawyer and jurist, was again recommended by his old time friend for position, this time to the United States Senate for the exalted position of a justice of the Supreme Court.

DIVORCES.

There were four divorce cases brought at the first term of this court, which then had exclusive jurisdiction of divorce matters, and three were granted and one refused and the petition dismissed. During the following twenty-nine years to the close of the old constitution, this court together with the Common Pleas, which after 1843 had concurrent jurisdiction, in such cases, there were only forty-three divorces granted including the above. According to the marriage record, there had been 2,184 marriages in the county during this period, which shows two divorces only to every 100 marriages. During the past several years in Sandusky County the divorces have been not fewer than fifteen to every 100 marriages.

Here may be food for thought for the philosopher, statesman and the theologian.

THE BAR OF PIONEER DAYS.

At first and for some years after the organization .of the county there were but few resident lawyers therein, and the legal business was done, mostly, by lawyers from other places, who, as we have seen, with the president judges traveled the circuit from county to county.

ITINERANT LAWYERS.

Among the itinerant lawyers who thus came here were Ebenezer Lane, Eleutheros Cooke, Pickett Latimer, Philip R. Hopkins and Ebenezer Andrews of Huron County. Erie County was not yet organized. Later from Huron County came C. L. Boalt, S. T. Worcester, C.

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Latimer, T. B. Sturgis, F. D. Parrish, J. R. Osborn, J. M. Root and E. B. Sadler ; Orris 'Parrish of Columbus; Andrew Coffenbery, John C. Spink, Jacob Parker, and James Purdy of Mansfield; T. W. Powell of Delaware, and J. C. Spink of Perrysburgh, came in the earlier years of courts in the county..

EARLY RESIDENT LAWYERS.

BENJAMIN E. DRAKE came here in 1817 and moved to Delaware in 1823.

HARVEY J. HARMON. Mr. Harmon was probably the second lawyer to settle here, which was in about 1822, as his name then begins to appear on the court docket. He was a well educated lawyer of ability and, as the records show, did much of the legal business of the county, besides occupying important official positions, among which were county treasurer and representative in the State Legislature. Mrs. William E. Haynes was his daughter. Mr. Harmon while ministering to a brother Mason who was sick with the cholera in August, 1834, at the Western House in Lower Sandusky, contracted the disease and died very suddenly after being attacked.

INCREASE GRAVES. Mr. Graves came here in 1821 and was prosecuting attorney in 1824-7. He died about 1828.

RODOLPHUS DICKINSON. Mr. Dickinson came to Lower Sandusky in 1826. He was born in the state of Massachusetts in 1797, and graduated at Williams College, studied law with Gustavus Swan at Columbus, Ohio ; first commenced practice at Tiffin and was prosecuting attorney for Seneca County in 1824 and served in the same capacity in Williams County in 1826. He was prosecuting attorney for Sandusky County in 1827, and a member of the State Board of Public Works from 1836 to 1845. In 1846 he was elected to Congress, and re-elected in 1848; died March 20, 1849. His wife was Marguerite Beaugrand, daughter of John B. Beaugrand, an early settler of Lower Sandusky. Mr. Dickinson for his private virtues and public services is still held in grateful remembrance.

HIRAM R. PETTIBONE. Mr. Pettibone was born in Granville, Connecticut, May 20, 1795. In 183o he served one term in the legislature of his native state ; studied law with Judge Fousey of Connecticut, and finally in 1835 came to Lower Sandusky to engage in the practice of his profession, which he here pursued with success until 1849, when he removed to Wisconsin. While residing in Lower Sandusky, Mr. Pettibone and his wife reared and fitted for useful living a family of four sons and three daughters. His eldest daughter, Delia, married Austin B. Taylor, an early and successful merchant, Mrs. Delia Shackelford, wife of M. L. Shackelford, attorney-at-law, is a daughter of Delia and Austin B. Taylor ; his second daughter, Harriet, married C. G. McCullouch, an early druggist of Lower Sandusky and a brother of our esteemed citizen, C. R. McCullouch.

SAMUEL TREAT. His name as an attorney appears as early as 1829. When and where born or admitted to the bar is not now known. He was county auditor in 1830-6„ prosecuting attorney in 1836, and representative in the State Legislature in 1837.

WILLIAM W. CULVER. The name of Mr. Culver appears in the dockets as an attorney in 1835. He was from the state of New York, but very little can now be learned as to his early life. He was prosecuting attorney of Sandusky County in 1835-6 and 1838-44. In his addresses to a popular assembly or to a jury he was very brilliant and captivating in style, and always listened to with great interest. He retired from the practice in 1847, first going to California, but finally settling in Pen Yan, New York, where he died a few years ago.

PETER YATES. But little can be ascertained of Mr. Yates' career. His name as an attorney first appears in the court record in 1837, and his law card is published in the Lower Sandusky Times, September, 1837. In 1839 he removed from Ohio, arid in a notice in the same paper turns his unfinished business over to R. P. Buckland.

ASA CALKINS. There is no record to be found when he came to Lower Sandusky, how long he practiced, nor other facts about his career.

WILLIAM W. AINGER located in Lower Sandusky about 1837, having come from the Western Reserve. He married the daughter of Dr.

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Daniel Brainard. In 1840 he was in partnership in 'the law practice with John L. Greene, Sr. He removed to Chagrin Falls, where he died many years ago.

RALPH POMEROY BUCKLAND. Ralph P. Buckland was born at Leyden, Massachusetts, January 20, 1812. His father, Ralph Buckland, was a soldier in the War of 1812. His grandfather, Stephen Buckland, was a captain of artillery in the Revolutionary War, from East Hartford, Connecticut. His mother was Anna Kent. He came to Ohio in an early day with his parents, but did not commence the study of law until about 1835, after spending one year at Kenyon College. He studied law at Middleberry and at Canfield, Ohio, and was admitted to the bar in the spring of 1837 and soon after settled in Lower Sandusky.

In the Lower Sandusky Times of September, 1837, his law card appears. In the same year he married Charlotte Boughton of Canfield, Ohio. In 1845 Rutherford B. Hayes became a partner with Mr. Buckland, in whose office he had studied law before attending law school.

Later Homer Eyerett, James H. Fowler, Wilbur G. Zeigler and his sons Horace and George A. Buckland were at different periods associated with him in the practice. He occupied many important positions, civil and military, with ability, in county, state and nation. His services in professional and civil life and the eminent character he achieved stand as a munoment to his industry and integrity. In the military services of his country he achieved renown as colonel of the gallant Seventy-second Regiment and as general of a brigade under Sherman. His brave conduct at Shiloh in all probability saved the day from disaster, and won for himself and the soldiers under his command the gratitude of the nation. "The names of Shiloh and Buckland must forever be linked together."

JOHN A. JOHNSON. Mr. Johnson was born at Canfield, Ohio, and after receiving a fair academic education studied law with Judge Newton of that place. He came to Lower Sandusky and commenced the practice of law in 1839. In 1842 he formed a partnership with Cooper K. Watson, which firm did a large and lucrative practice. The same year he married Almira B. Hafford. In 1849 he went to California as a gold hunter and was absent about a year and a half. Soon after his return he sold his possessions here and moved to Fond du Lac, Wisconsin, where he not long after died. His wife and four children, three sons and a daughter survived him. In Lower Sandusky he was a trustee of 'the Presbyterian Church and aided in building the first brick edifice for the society.

NATHANIEL B. EDDY. Mr. Eddy was a native of New York State, and was well educated. He came to Lower Sandusky and Commenced the practice of law about the year 1839. In 1842 he and Homer Everett formed a partnership in the practice, and did a successful business. In 1845 Mr. Eddy retired from the practice to enter into a mercantile business. This business he closed up a few years later and moved to Madison, Wisconsin. There he was chosen county judge which office he held for many years, and died in that city.

HOMER EVERETT. Mr. Everett's career has been so fully mentioned elsewhere, in this volume, that a very brief sketch here will suffice. That he was a versatile and able man and lawyer, enjoying the confidence of all 'the people to a remarkable degree, is shown by the very many official positions they conferred upon him, the duties of which he discharged with ability and fidelity. He was postmaster at Lower Sandusky, sheriff and auditor of his county, mayor of Fremont, justice of the peace, and state senator. He died June 22, 1888.

BRICE J. BARTLETT. Mr. Bartlett, son of Samuel and Elizabeth Bartlett, was born in Lincoln County, Maine, September 21, 1808, and came to Ohio with his parents, who settled in Hamilton County in 1824. He came the same year to Seneca County and in 1829 married Phebe Ellis and in 1833 removed to Lower Sandusky.

He commenced reading law in April, 1838, and in July, 1840, was admitted to the bar, forming a partnership with L. B. Otis. In 1843 he and John L. Greene, Sr., formed a law partnership, in which firm Chester Edgerton subsequently became a member for some time; and in 1851 Mr. Bartlett and Thomas P. Fine-

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frock were associated as partners. Finally in 1853 he and his son Joseph R. Bartlett became partners in the practice, which partnership continued with the exception of one year's retirement owing to his ill health, until the time of his death in March, 1859.

He was mayor of Fremont in 1850-52 and in 1855-6. While mayor he caused "Old Betsy," the historic cannon used by Major Croghan in his defense of Fort Stephenson, to be recovered and placed on the spot where it did such wonderful execution, August 13, 1813.

JOHN L. GREEN, Sr. Mr. Green was born in St. 'Lawrence County, New York, July 16, 1806. In August, 1815, he moved with his father's family to Newbury, in the Western Reserve; lie soon thereafter went to Plattsburg, New York, where he spent some years and there began the study of law with his uncle, John Lynde. He attended the University of Burlington, Vermont. Returning to Ohio he was employed as teacher in an academy at Cleveland, and here spent his spare time in pursuing his law studies with Leonard Case.

July 16, 1828, he was married to Julia L. Castle of Cleveland. In 1840 lie came to Lower Sandusky and commenced the practice of law, in which he was successful. He was associated with Brice J. Bartlett and also with Chester Edgerton in the law practice in the forties and later with Thomas P. Finefrock. He was prosecuting attorney in 1850-52. In 1855 he was elected to the State Legislature; was mayor of Fremont in 1858. In 1861 he was elected judge of the Common Pleas Court to fill the unexpired term of Judge Worcester. In 1864, his term having expired, he resumed the practice of law. Later he and his son John L. Greene, Jr., formed a law partnership, which continued until his death, which occurred November 8, 1879.

Judge Green left to survive him eleven adult children, all occupying honorable positions as worthy, useful men and women in life—a noble work for society and a monument which will long preserve his name among men.

CHESTER EDGERTON. Mr. Edgerton was born in Pawlet, Vermont, in 1819, and came to Ohio in 1844, soon after which he became a partner with Brice J. Bartlett and John L. Greene, Sr., in the practice of the law, giving, however, special attention to the collection branch, which was in those days a prominent part of legal business, and in which he was very successful.

In 1845 he married Augusta F. Fusselman, who was born in 1826. There were born of this marriage six children, three sons, namely, Frank, Chester and Harry G., and three daughters, Hattie (Edgerton) Kinney ; Maude ( Edgerton) Garvin, Fanny A., who died, in 1870.

In the sixties he retired from the law and en- gaged in the lumber and planing-mill business in Fremont, with his brother. Gilbert Edgerton, under the firm name of Edgerton Bros., in which by fair dealing and attention to the business he acquired a comfortable fortune, which he with Mrs. Edgerton lived to enjoy in later years, mostly at their fine old suburban home a mile west of Fremont, where they died at a good old age. highly respected by all. Their son Dr. H. G. Edgerton now owns and occupies the same as his family home, known as Edgerton Place.

Lucius B. OTIS. Mr. Otis was born March 11th, 1820 at Montvilla, Connecticut, and was educated in Ohio at the common schools in Berlin, then Huron County, at Huron Institute, Milan, Ohio. the Norwalk Seminary and finishing. at Granville College, Granville, Ohio. He studied law with Sturgis '8E. Whitbeck, of Norwalk, in 1840-I ; attended law school at Cincinnati College, from which he graduated in April, 1841, and was admitted to practice by the Supreme Court at Norwalk in August, 1841, and at once took up his residence in Lower Sandusky where he was at first associated with Brice J. Bartlett and later with Homer Everett in the law practice.

In January, 1844, he married Lydia Ann Arnold. Seven children were born of this marriage. He was prosecutting attorney of Sandusky County in 1842-4. He was Judge of the Common Pleas Court under the new constitution, his term commencing in 1852. At the close of his term he removed to Chicago where he resided until the time of his death. In 185o, with Sardis Birchard, he established the bank-. ing house of Birchard R Otis at Fremont,

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which finally developed into The First National Bank of Fremont. He had a capacity for large financial operations, and became possessed of great wealth. His character was of the highest type in public and private life.

COOPER K. WATSON. Mr. Watson was born in Jefferson County, Kentucky, June 18th, 1810. In his earlier days he worked at tailoring, which he finally abandoned for the law. After qualifying himself by study he was admitted to the bar at Columbus, Ohio, in 1831. After spending two years at Newark, four at Delaware and five at Marion he came to Lower Sandusky in 1842, where he practiced till 1850, when he removed to Tiffin. In 1870 he remoyed to Norwalk, Ohio, where he remained till 1874, when he located in Sandusky City, where he died May 20, 1880. He was prosecutting attorney of Marion County-four years.

He was elected to Congress in 1854 ; member of the constitutional committee from Huron County in 1873. and was judge of the Common Pleas Court of the First Subdiyision of the Fourth District, 1876-1880.

Judge Watson possessed legal and judicial ability of the highest order. Before court and jury in the examination of witnesses, in knowledge of court decisions and rules and modes of practice he combined striking talents. In his sentences of convicted criminals he was regarded as severe, but he honestly believed that his practice in this regard, tended to reduce criminal offenses, and were just toward the offenders as well as the public. Judge Watson was a great reader and a profound student. not only of the law, but of theology, history. romance and science, remembering and making useful in his profession. and on the bench and in his intercourse with his friends, what he read.

The saying that, "a rolling stone gathers no moss," was not yerified in his frequent removals from place to place, for, he easily stood among those at the head, whereyer located.

RUTHERFORD BIRCHARD HAYES. Mr. Haves was born at Delaware, Ohio, October 4th, 1822. After a thorough collegiate education he commenced the study of the law with Thomas Sparrow of Columbus, Ohio. He afterwards took a full law course at Harvard Law School, graduating with honor in 1845 ; and at once began the practice of law in Lower Sandusky, where in April, 1846, he formed a partnership with Ralph P. Buckland, which continued with success until 1849, when Mr. Hayes went to Cincinnati, Ohio, where by his marked ability he soon attracted attention as a lawyer. December 30, 1852, he married Lucy W. Webb, daughter of Dr. James Webb, a physician of high standing in Chillicothe, formerly one of the squadron sent by General Harrison to take Major Croghan to Fort Seneca to answer for disobeying orders to evacuate Fort Stephenson in 1813.

Mr. Hayes served as city solicitor of the city of Cincinnati from 1858 to 1861. At the outbreak of the Civil War in 1861 he gave up his practice and entered the military service of his country, in which he continued until the close of the war.

In the war he was conspicuous for his personal bravery and brillant conduct as a military commander. He never resumed the active practice of his profession. In 1864 he was elected to Congress, taking his seat December, 1865, and was re-elected in 1866. In 1867 he was elected governor of Ohio and re-elected in 1869. In 1873 he returned with his family to Fremont. In 1875 he was for the third term elected governor of Ohio, having been nominated over his objections. In 1876 he was, while governor, chosen the nineteenth President of the United States. His administration was in keeping with the high personal character of the man, pure, able and wise. His treatment of the South, in restoring the right of self government, entitles him to be held in grateful remembrances, not only by the people of the South, but also by a generous North. He was a pacificator indeed, in an eminent degree.

EDWARD F. DICKINSON. Mr. Dickinson was born in Lower Sandusky. January 21, 1829. His parents were Rodolphus and Marguerite (Beugrand) Dickinson. He attended the public schools of this town and received his higher education at Cincinnati, Ohio. He studied law and was admitted to the bar when quite a young man. He was well qualified for

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the profession, being a fine scholar and of superior natural ability, but never devoted himself assiduously to the practice of law. He was prosecuting attorney in 1852-4 and was re-elected for a second term but resigned to engage in the newspaper business with C. J. Orton, during his second term. He was in partnership in the law practice with George R. Haynes in 1852. In that year he was married to Henrietta k. Mitchner. Three children were born to this marriage. In 1861 he enlisted in the army as first lieutenant of Co. G., Eighth Regiment, O. V. I.; was promoted to the captaincy and served as quarter master. He was probate judge in 1866-69; 1877-79 and in 1885-91, dying in office in August, 1891. He was also a member of Congress for one term beginning in 1868. He also served the city of Fremont as mayor. Judge Dickinson was a large-hearted, broad-minded man and was a model probate judge. He was a fit counsellor and advisor in that important office.

HEZEKIAH REMSBURG. Mr. Remsburg was born in Hagerstown, Maryland, February 3, 1812; came to Lower Sandusky, May 11, 1822, with his father's family. His education was obtained in the country schools, commencing in a log schoolhouse near 'the Muscalonge Creek, the first one erected between Lower Sandusky and the Maumee River.

He helped his father to clear off a fine farm along this creek on the south side of what is now the Maumee and Western Reserve Turnpike. His father was a mechanic whose services were in those early days much in demand, as a millwright, and Hezekiah learned the trade with his father and worked at the same until in 1849 he commenced the study of law with John L. Greene, sr. and in 1851 was admitted to the bar in Fremont.

While suffering from the handicap, incident to his limited early education, Mr. Remsburg had natural talents of a high order, and was ingenious and forceful as an advocate before the jury. He had been a member of the Fremont City Council and was prosecuting attorney of the county for two successive terms beginning in 1874. He died March 26, 1896, aged 86 years.

GEORGE W. GLICK. A sketch of the life and career of Governor Glick given elsewhere, in this volume, to which reference is made, makes it unnecessary to give an extended one here. He ,was an honored member of the bar in Lower Sandusky from the time lie commenced practice in 1850 until his removal in 1857 'to Erie County. His career has been one of success and high achievements, as evinced by the sketch referred to.

A. B. LINDSEY. But little is known of the early life of Mr. Lindsey, only that he was a self-made man, in so far as his education and equipments as a lawyer were concerned. He was a man of more than ordinary natural abilities, and made the most of himself as a lawyer, considering the limitations incident to a lack of early educational advantages. He was prosecuting attorney of Sandusky County in 1860-4 and in 1866-70 in which position he rendered able and satisfactory service.

WILLIAM H. REYNOLDS. When and where Mr. Reynolds was born and educated we have no evidence at hand to show. In early court days of the county, and especially in the tribunals of justices of the peace. Mr. Reynolds was an attorney of force, and his services and counsels were in demand by litigants. where large interests were involved. He was a man of natural gifts of mind, of a high quality and had given much time to study. In the earlier history of Clyde, he was prominent and was postmaster there for some years, and held other positions in the village in the days mentioned. He died at about the age of 75 and was buried in McPherson Cemetery, Clyde, Ohio.

HIRAM W. WINSLOW. Mr. Wilslow was born in Essex County, New York February 2, 1825, and came to Huron County, Ohio, in about the year 1845, and commenced the study of law with Ezra M. Stone of Norwalk, Ohio. He was admitted to the bar in 1848 and moved to Bellevue where he began the practice of law. He was elected prosecuting attorney in 1862 and moved to Fremont in that year, where he continued to live and practice his profession until his death which occurred May 4. 1879. He was elected representative to 'the State Legislature in 1868, and served two years. He was as a lawyer of fine abili-

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ties, devoted to the interests of his clients and won the affection and esteem of his brethren of the bar and the courts, by his uniform custody and consideration of the feelings and opinions of others. In 1872-76, he was a partner with John T. Garver in the practice.

THOMAS P. FINEFROCK. Mr. Finefrock was born in Franklin County, Pennsylvania, January 9th, 1826, and came to Lancaster, Ohio, while a young man, and took a classical course at Greenville Academy. He studied law in the office of Medill & 'Whitman. After completing his law course of reading he was admitted to the bar in August, 1851, by the Supreme Court then in session in Trumbull County.

In September of that year he came to Fremont and commenced the practice in partnership with Brice J. Bartlett. In 1856 he and J. F. Price formed a partnership which was dissolved by Mr. Price removing to Toledo. He and his brother Henry R. Finefrock in 1861 composed the firm of T. P. & H. R. Finefrock, which continued until Thomas P. was elected to the Common Pleas Court bench in 1874 ; which position he filled with ability and integrity for the full term of five years. He had served his county as prosecuting attorney for two successiye terms beginning in 1853, and as representative in the State Legislature in 1858; he was the author of the proyision in our criminal code making seduction under promise of marriage a felony. At the close of his judicial term he resumed the practice ; at first associating with himself his law student Charles F. Bell, as the firm of Finefrock & Bell. In 1883 Mr. Bell retired and was succeeded by S. C. Garver, son-in-law of Judge Finefrock, the firm being Finefrock & Garver, which continued until

Judge Finefrock's death, which occurred March 27, 1909.

Judge Finefrock was endowed with superior natural gifts and these he supplemented by careful and diligent study. causing him to rank among the highest in his profession. He was in May, 1854, married to Emma E. Carter, who survives him as do also one son, Dr. Charles B. Finefrock, and two daughters, Mrs. Helen (Finefrock) Garver, and Miss Lottie Finefrock.

GEORGE R. HAYNES. Mr. Haynes was born in Monson, Massachusetts, January 24, 1828, and came to Huron County, Ohio, in the spring of 1836, with his father's family. He lived near Norwalk until 1851, first upon the farm until he was 17 years of age, thence for several years going to school at Norwalk Seminary, teaching and studying by 'turns, until about 1849 he commenced the study of law with John Whitbeck, Esq., and finished his studies with L. B. Otis at Fremont, Ohio, in 1851. December 2, 1851, he was admitted to the bar by the Supreme Court at Columbus, Ohio. January I, 1852, he opened an office at Fremont, with E. F. Dickinson.

In 1853 he was appointed prosecuting attorney to fill a vacancy caused by the resignation of Dickinson. In the fall of 1853 he formed a partnership with John L. Greene, sr., which continued until September, 1854, when Mr. Haynes settled in Toledo, Ohio, where he resided until his death, which occurred January 22, 1908. He seryed as city solicitor of Toledo and was prosecuting attorney of Lucas County. In 1883 on the face of the election returns and certificate, he was elected judge of the Common Pleas Court, but on a contest before the State Senate the office was given to his competitor, Judge Pike.

In 1884 he was elected judge of the Circuit Court of the Sixth Circuit of Ohio, to which office he was three times elected, and had he been spared to serve out the term of his last re-election, he would have been judge of this court for twenty-four years consecutively.

He was an able lawyer, and a jurist of spotless integrity. His abiding courtesy and kindly disposition endeared him to every lawyer at the bar, and to his brethren on the Circuit Bench. In the discharge of every duty imposed by any position, to which he was called he brought a conscientious desire for faithful and efficient service.

The lawyers who composed what is known as the pioneer bar of Sandusky County, that is, those admitted under the constitution ending in 1852, were, as a body able men, learned in the profession and successful in its pursuit; and not only were they prominent in the legal. pro

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fession, but many of them filled honorable positions of public trust in county, state and nation.

Besides important local offices in city and county acceptably filled, there have come from its ranks eight representatives and senators in the Ohio Legislature; two colonels and two generals in the Union army in the War of 1861; five Members of Congress; a governor of Ohio for three terms; a governor of the State of Kansas, and a President of the United States.

Of these able men of whom Sandusky County is justly proud, only one is now ( June, 1909) living, namely, ex-Governor Glick of Kansas.

CHAPTER XI.

JUDICIARY SINCE 1852.

Navies of Judges—Important Criminal Cases—Members of the Bar—Bar Association—Law Library Association. and Library.

The Constitution of 1851, going into effect in 1852, as to courts, provided for a Supreme Court of five judges, elected by the people for terms of five years ; divided the State into nine Common Pleas districts, later increased to ten ; each district, having more than three counties contained three sub-divisions ; each Sub-division by popular vote chose judges of Common Pleas for a term of five years.

It also provided for the abolition of the former distinct forms of action at law, in use, and for the administration of justice, by a uniform mode of proceeding, without reference to any distinction between law and . equity. Pursuant to this provision the Legislature in the "Code of Civil Proceedure," enacted, March 14, 1853, abolished the distinctions in actions at law and suits in equity and the forms of all such actions and suits, and established in their place one form of action only, called a Civil Action.

DISTRICT COURT.

In each county, each year, one judge of the Supreme Court, with two or more of the Common Pleas judges of the district; held one term of a "District Court" which had substantially like jurisdiction and was to supersede the old "Supreme Court," theretofore held in each county under the former court system.

Sandusky, Lucas, Ottawa, Erie, Lorain; Medina and Cuyahoga Counties composed the Fourth district, and Sandusky, Lucas, Ottawa, Erie and Huron made the first sub-division of this district.

The first term of this court, in Sandusky county, was begun and held August 1852, Judge Thomas W. Bartley of the Supreme Court presiding, with Common Pleas judges Samuel Starkweather, Samuel Humphreyville, and Lucius B. Otis. The last term was held by William Heisley, Henry McKinney and Louis H. Pike, Common Pleas judges, April 23, 1884, and closing without delay, neyer again to conyene, April 25, 1884. The final order appears in the handwriting of the editor who was then clerk of courts.

In practice this system, for a reviewing court, did not prove satisfactory. The Supreme Court judges did not like to do this work and rarely attended, so that usually the court was composed wholly of Common Pleas judges ; and the question being raised as to the validity of the court without the presences of a Supreme' judge. it was held by the Supreme Court, that such court, when held by three or more Common Pleas judges, was lawful and constitutional (19. O. S. 587.) But the principal objection was in the composition of the court, made up as it was of the same judges presiding in the Common Pleas courts from which cases came for review. Although the judge in cases, which had been heard before him in his lower court capacity did not sit in review, still there remained belief that what is called judicial courtesy was sometimes exercised toward such judges, by his brethren with him on the bench and influenced decisions. The system became so unsatisfactory that in 1883 a constitutional amendment was adopted providing for the. present Circuit Court, with, substantially similar jurisdiction, and to supersede, the old District Court. In 1884 pursuant to this constitutional amendment the State was divided into seven circuits, and later 1887, the Eighth

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190 - HISTORY OF SANDUSKY COUNTY

was added. In each circuit three judges were elected for a term of six years.

Sandusky County was placed in the Sixth Judicial Circuit, with Lucas, Ottawa, Erie, Huron, Lorain, Medina, Summit and Cuyahoga, and the judges for the same, first elected and holding the first court in Sandusky County were William H. Upson, Charles C. Baldwin and George R. Haynes. In 1887 when the Eighth Circuit Court was formed, the counties of Cuyahuga, Lorain, Medina and Summit were taken from the Sixth to compose the Eighth and the counties of Williams, Wood and Fulton were added to the Sixth Circuit, which has remained thus constituted to the present.

JUDGES OF THE SIXTH CIRCUIT.

William H. Upson, 1885, transferred with Summit County to Eighth;

Charles C. Baldwin, 1885, transferred with Cuyahoga County to Eighth ;

George R. Haynes, 1885-1908, died in office, January 22, 1909;

Charles S. Bently, 1885-1895, resigned ;

Charles H. Scribner, 1885-1897, died in office;

Edmund B. King, 1895-1899, resigned;

Robert R. Parker, 1897, incumbent 1909 ;

Linn W. Hull, 1899-1905, died in office May 27, 1905;

Samuel A. Wildman, 1905-1909, incumbent;

Reynolds R. Kinkaid, 1908-1909, incumbent.

JUDGES OF THE COMMON PLEAS COURT.

The judges of the Common Pleas Court residing in Sandusky County and elected under the present constitution, since 1852, are the following :

Lucius B. Otis, February, 1852—February, 1857;

John L. Greene, Sr., October, 1861—January, 1864;

Thomas P. Finefrock, October, 1874—October, 1879 ;

John M. Lemon, appointed to vacancy, May, 1886—November, 1887 ;

John L. Greene, Jr., October, 1888-May, 1896.;

Horace S. Buckland, May, 1896—May, 1906;

Silas S. Richards, July, 1905-1909, incumbent.

Biographical sketches of all the above named Common Pleas judges appear elsewhere in this volume.

PROBATE COURT.

The present constitution provides for the election by popular vote in each county of a probate judge, whose functions in probate matters are similar to those of the associate judges under the old system. In addition to ordinary probate jurisdiction this court has jurisdiction, with a jury, for the appropriation of property for public use, and criminal jurisdiction in minor criminal cases, and is clothed with power, in many cases and proceedings not requiring a jury. The names of the probate judges of Sandusky County have been given in a former chapter of this work.

THE BAR SINCE 1852.

Since the adoption of the present constitution, the following named lawyers have been members of the Sandusky County bar. For the reason that the dates of admission of some have not been furnished, the list is arranged in alphabetical order, with dates of admission, where known :

William Aunesley.

Allan G. Aigler, December, 1905.

Joseph R. Bartlett, April 25, 1853.

Horace S. Buckland, August 16, 1875.

Samuel Brinkerhoff, March 1881.

M. D. Baldwin, 1874.

Frank A. Baldwin, March 20, 1876.

E. L. Bogue, December, 1890.

Charles F. Bell, March 18, 1878.

George Buckland, May, 1880.

Leo Boner, December 7, 1900.

A. B. Bushnell.

Joseph W. Cummings.

Albert E. Culbert, June, 1894.

John W. Conry, October, 1894.

C. B. Carr, October 15, 1896.

J. C. Craig.

William W. Campbell.

A. M. Campbell.

Charles A. Dimm, April 24, 1879.

Thomas P. Dewey, April 24, 1879.

Byron R. Dudrow, April 26, 1879.

H. C. DeRan, March 8, 1894.

Lester L. Donnel, June 27, 1905.

John Eldwell, April 20, 1866.

J. K. Elderkin, April 7, 1877.

W. W. Esch.

John H. Eslinger.

Henry R. Finefrock, April, 1862.

James H. Fowler, 1866.

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A. B. French, 1871.

J. D. Finch, March 20, 1876.

F. R. Fronizer, April 7, 1887.

Byron A. Fouche, December, 1887.

Charles S. Glick, April 25, 1853.

John L. Greene, Jr., 1861.

John T. Garver, 1870.

Charles H. Greene, April 20, 1866.

S. C. Garver, March N, 1876.

B. S. Garver, March 4, 1886.

W. A. Gossard, June, 1901.

Harry E. Garn, October, 1898.

Hiram E. Greene, December 7, 1894.

Charles J. Greene.

P. D. Garver, December 7, 1900.

George G. Haynes, 1853.

J. K. Fiord.

A. W. Hudson, 1871.

James G. Hunt, June, 1884.

D. A. Heffner, April 26, 1879.

J. L. Hart, 1891.

M. W. Hunt, June 6, 1889.

George W. Haynes, May, 1894.

J. M. Hall, June, 1896.

George Kinney, March, 1881.

John M. Lemon, 1865.

M. B. Lemon, April 26, 1879.

J. B. Loveland, March 20, 1876.

N. C. Loveland, March 20, 1876.

D. B. Love, December 18, 1889.

J. J. Lehman, October 4, 1894.

C. C. Layman, May 2, 1882.

Basil Meek, 1862, in Indiana.

Homer Metzgar, June, 1896.

W. B. McConnell.

J. B. Miller.

Thomas McSheehy.

W. J. Mead, June 24, 1897.

Selwyn N. Owen.

Frank O'Farrell, May, 1880.

A. W. Overmyer, December, 1902.

J. F. Price.

A. B. Putman, 1867.

R. R. Parkhurst, June 11, 1898.

A. G. Perine.

J. H. Rhodes, April 12, 1870.

W. W. Ross, 1861.

Silas S. Richards, January 7, 1879.

Harry Rimelspach, June, 1900.

A. H. Rice, January 3, 1878.

C. H. Reynolds, May 1, 1879.

P. N. Schuyler.

M. L. Snyder, May, 1864.

F. E. Seager, June 8, 1893.

E. B. Smith, 1881.

L. E. Stetler, March 20, 1876.

J. B. Stahl, October 5, 1893.

E. C. Sayles, December, 1901.

G. C. Sheffler.

Thomas D. Stevenson, April 7, 1877.

Samuel Smith, 1874.

M. L. Shackelford, 1892.

M. E. Tyler, 1857.

M. G. Thraves, June 6, 1889.

F. J. Tuttle, December 4, 1878.

L. J. Turley, 1898.

Jesse Vickery, 1884.

Willis Vickery, 1884.

L. M. Van Horn.

J. P. Vickery, March 17, 1899.

W. H. Van Horn, March 11, 1898.

Edmund R. Voorhees, June, 1903.

Lester Wilson, March 20, 1876.

Ferdinand Willmer, March 20, 1876.

George Withey, 1891.

Calvin A. Wilt 1896.

J. F. Wagner, June, 1902.

M. D. Weller, December 1, 1885.

J. W. Worst, December 6, 1894.

Wilbur G. Zeigler, March, 1881.

Morton S. Zeigler, December, 1907.

NOTED CASES TRIED.

ROSE CASE.

At the January term, 1853, the case of the State of Ohio against David C. Rose, for the murder of Emanuel Elwanger on the 23rd day of August, 1852, was tried. E. F. Dickinson was prosecuting attorney, assisted by George R. Haynes. The jurors were W. S. Russell, Jermiah W. King, Jermiah Smith, Amos R. Carver, Eliphalet D. Follet, Jacob Kreager, William Haff, Thomas Holcomb, Justice Cobb, Samuel Spangler, Harry Bowlus and M. Clay-. ton. The defendant was found guilty and sentenced to the States' prison for three years.

JAMES CASE.

The case of the State against William James, who lived in Townsend Township, for the murder of Isaac June, May i8, 1858, was tried at the November term following. T. P. Fine-frock was prosecuting attorney, and Brice J. Bartlett & Son and J. L. Greene, Sr., were attorneys for the defendant. The jury was composed of the following persons : James Huss, Ami Williams, Daniel Waggoner, John C. Taylor, William A. Hill, Noah Hathaway, Daniel Earl, Christopher Hone, Joseph Lease, Daniel McCrary, Charles Curtis and Noah Young. The jury found the defendant guilty of murder in the second degree, and he was sentenced by the court to imprisonment in the penetentiary for the period of his natural life.

Isaac June and William James were neighbors, living near York Station, Townsend Township, Sandusky County. The former possessed considerable means in land and personal property, while the latter was a man of small means. James incurred the emnity of June, by not inviting to the marriage of his daughter,

192 - HISTORY OF SANDUSKY COUNTY

in March, 1853, a girl living with June at the time, though he had invited June and the then, Mrs. June, the latter accepting the invitation and being present. Thenceforward, as claimed by James, and which seems to have been true, June pursued him with bitter hatred, and did all he could in every way to bring him to poverty, and to disgrace him and his family. James, finally becoming desperate, on the morning of May 18, 1858, very early, went to June's house, as he claimed, to end the trouble by killing himself in the presence of June. Here a struggle occurred between them, during which James cut June across the abdomen with a knife, completely disemboweling him. June lingered until the third day and then died. There was no person present to witness the tragedy, but the girl whose slight by James had been its cause.

June in his will, left by him, dated July 23, 1857, and probated June 8, 1858, leaves the bulk of his property to this woman whom he mentions as his wife, but the marriage record shows that they were married on May 18, 1858, the day of the murder. The wife who attended the James marriage before mentioned, procured a divorce from June in November, 1853, together with alimony in the sum of $2500. James was pardoned January 9, 1864, by Governor David Tod.

KNAPP CASE.

The trial of Isaac Knapp for the murder of his brother Walter in Riley Township on September 1, 1877, occurred before Judge T. .P. Finefrock, and a jury at the October term, 1877. Hezekiah Remsburg, the official prosecuting attorney, assisted by Homer Eyerett, represented the State ; John L. Greene, Sr., and M. L. Snyder appeared for the defense. The names of the Jurors do not appear in the record, strangely as it may seem.

The two brothers had lived with their father Walter Knapp. Sr., but on account of trouble between them, Walter had recently left home, and gone to live with a neighbor by the name of J. J. Robinson near by. The ill feeling continued, which grew out of money matters between them. Isaac bought a pistol, and practiced shooting at a mark in the woods, and at apples in the orchard, and told parties that he would shoot Walter if he did not pay him some money, which he said Walter owed him ; he had sued the claim before J. R. Clark, justice of the peace. The constable served the summons on Walter at the house of Robinson where he was staying. He left his work and went with the constable, to see Isaac at his father's house, where a violent quarrel took place between the brothers, and threats were made against each other. Walter returned to Robinson's for the night. The next morning, early, before breakfast, he went to his father's and on going to the house was shot by Isaac. There was no one present, but the father and mother and a little girl five years old. It seems that the story of the parents were inconsistent and contradictory at the trial as to the shooting. They stated in substance that the old lady had breakfast about ready and had called the family, and Isaac had come down stairs, washed, and was sitting on a railing behind the stove in a small low shanty in front of the house, almost wholly filled up by a stove, table and chairs, when Walter, who was at the barn and had had a conversation with his mother ten or fifteen minutes before, and had given her his picture and confessed his misconduct towards her, came to the house a few minutes after, to her surprise, threw down his hat, picked tip a chair, asked Isaac how much he owed him, and on Isaac saying eleven dollars, denied it with profanity and went for him, saying he had come to kill him, to take his heart's blood or to have Isaac take his ; and that then the old lady threw her arms around Walter's waist to hold him back, both standing on the steps, while the father held on to Isaac, Walter, the while, making desperate efforts to -hit Isaac with the chair, and Isaac begging him to stop and let him out, saying he would go away and never bother him again ; "Isaac being very much frightened for fear of his life, just hauled up and shot Walter through the heart, without taking aim or scarcely knowing what he was doing."

The jury returned a verdict of "guilty of murder in the second degree." Judge Fine-frock sentenced Knapp to the penitentiary for life.

He was taken to the penitentiary October 18,

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1877, where he remained until October 19, 1882, when he was unconditionally pardoned by Governor Foster, and returned to his home in Sandusky County. The pardon was based upon the certificate of Dr. Gay of the penitentiary and Dr. Stamm of Fremont, that Knapp, had tuberculosis, and that death would speedily follow, unless he should be removed from the prison. The claim was afterward made that the pardon was obtained by fraud, practised by Knapp in procuring the certificates from the physicians, by feigning sickness and by eating soap and other unwholesome articles. Knapp was re-arrested and returned to prison. On a writ of habeas corpus sued out by Knapp, the Supreme Court held that the pardon granted him was irreyocable and he was accordingly discharged. He died in August, 1883, in Indiana ; and Dr. Gay. one of the physicians who furnished the certificate upon which the pardon was based, is authority for the statement that Knapp's condition was as stated in the medical certificates.

ETTA SMITH CASE.

At the October term. 1878, Miss Etta Smith, a teacher for thirteen years, in the Fremont public schools, was tried for the attempt to cause the death of Sarah Stine, wife of the treasurer of the School Board, William W. Stine, by poisoning. She caused to be left at the home of Mr. Stine, a basket, containing poisoned candy, oranges. figs and a veal roast, with a note reading as follows "W. W. Stine, we will see you at dinner or tea. Don't wait." Mrs. Stine did not know what to make of it, but put the meat in the oyen with the determination not to eat of it unless some one came. The children, however, tasted of the candy and figs, and said they were bitter, and one of them vomited after tasting a fig. Mr. Stine was absent from home in Kansas. Mrs. Stine tasted of the gravy from the roast, and found it bitter; she then caused the articles to be examined by a physician, who found them to be mingled with strychnine. The basket with contents was traced to Etta Smith as the sender. She was indicted by the Grand Jury, and put upon trial. Her plea was insanity. The motive for the attempted poisoning, was supposed to be to destroy Mrs. Stine and children in order that she might become the wife of Mr. Stine and have him alone to herself. Stine denied any improper relations between Miss Smith and himself.

The case excited much interest, and the court room was crowded with spectators during the trial, which lasted nine days.

The jurors were David Fuller, Lewis Brunt-haver, David Hetrick, Henry House, John Linebaugh, Charles Livingstine, John Kuhn, D. Swigart, Jackson Tinney, George McGormley, William Woodford and Daniel Seaman, who returned a verdict of guilty of "Mingling poison with food with intent to kill." She was sentenced by Judge Finefrock to imprisonment in the penitentiary for a term of two years. She served out her term of imprisonment and went to her relatives in Pennsylvania, since which time nothing here, is known of her.

HAYS CASE.

An interesting trial was that of the State against William Hays, at the October term, 1878, for the alleged murder at Clyde, Ohio, on April 29, 1878, of Eli Cupp, by shooting him to death in his (Cupp's) saloon, where a violent quarrel occurred between them resulting in the killing of Cupp. Both men had bad reputations in Clyde, and Cupp was regarded as a desperado. The men had a quarrel in regard to a matter of a small indebtedness by Cupp to Hays. It seems that threats had been made by Hays against Cupp's life. Hays was indicted for murder in the first degree. The State was represented by John T. Garver, official prosecuting attorney, assisted by Basil Meek and Col. J. R. Bartlett, the latter employed by the relatives of Cupp, and the former appointd by the court to assist the prosecuting attorney. The defense was conducted by James Pillars of Tiffin, James Tyler of Perrysburg and John M. Lemon of Clyde. The jurors were, Henry Gilbert, Christian Stahl, J. P. Mahr, M. Paine, Rudolphus Brugger, C. H. Bell, John Reed, Frank Quilter, Joseph Rearick, Cyrus Thompson, David Burgoon and Oscar Ball.

The court room was crowded during trial. The wife and father of Hays sat by him. Mrs. Cupp, with one of her children, and Mrs. Bradley Riddell, a sister of Cupp, and

194 - HISTORY OF SANDUSKY COUNTY

other relatives of Cupp, were present. The facts as to the shooting during the quarrel were substantially these : Cupp raised his hand, calling Hays a vile name. Hays pushed Cupp back with his left hand, telling him to keep away. Cupp then struck Hays a blow in the face, knocking him against the bar of the saloon, and started to run towards the end of the bar. Hays fired at him ; Cupp then caught hold of a young man, who was present and swung him between Hays and himself, and dodged to get behind the bar, and while he was passing around the inside corner of the bar and fired the third shot. Which shot was crouched down behind the bar on his hands and knees ; whereupon Hays reached over the bar and fired the third shot. Which shot was the fatal one was not known. Hays was then caught by some men present and put out of the saloon. Cupp got up and was helped out through a back door, into a room nearby, where he, in a few minutes, died. Hays denied having premeditated the killing of Cupp, or any intention of getting into a quarrel with Cupp before meeting him in the saloon ; he also claimed to have been so dazed by the blow struck by Cupp, as not to be conscious of the shooting done by him ; and further claimed that he was carrying the pistol, with which the shooting was done, for protection against a threatened assault by an Indian residing in Clyde at the time, with whom he had had a quarrel.

The verdict of the jury was "not guilty." The complete acquittal was a surprise to all who had knowledge of the facts in the case, and could only be accounted for upon the grounds of the general bad character of the deceased. Hays' parents resided in Wood County and were good people, but the son had a violent temper and was disposed to be quarrelsome.

WELCH CASE.

The State against John Welch, was tried at the April term, 1880, Judge J. H. Doyle of Toledo, Ohio, presiding. The State was represented by John T. Garver, prosecuting attorney, assisted by T. P. Finefrock and J. R. Bartlett. The defense by H. Remsburg and John M. Lemon. The jurors were, George Billman, Jacob Dicker, T. T. Harrison, George Hutchins, George Sherar, Edward Kern, Henry Gervin, Andrew Kline, Morris Haff, Levi Wolf, John McBride and E. A. Beebe.

The defendant was indicted jointly with two others, for the murder of a stranger whose name was then unknown, stopping at the Commercial Hotel in Fremont, who in the night was decoyed by a female accomplice to an unfrequented spot in the city, and there murdered and robbed by Welch. The trial lasted about two weeks, and the defendant was found guilty of murder in the first degree. On July 12, Judge Doyle sentenced him to be executed on December 3, 1880. December 1, sentence was suspended until February 25, 1881. On February 25, sentence was suspended until March 4. On March 3, 1881, sentence was commuted to imprisonment in the penitentiary for life; which commutation was by the defendant accepted March 4. He afterwards committed suicide in the penitentiary.

The other parties, one being the female accomplice, jointly indicted with Welch, were never tried, and the indictment as to them was nollied. This female gave her testimony against Welch at the trial. The murdered man was ascertained to be Anthony Gottsacher of Greensburg, Pennsylvania, a tailor, who was seeking a business location.

RADFORD CASE.

John Radford was tried and convicted at the April term, 1883, of the murder of his wife, Anna Radford, November 4, 1882, near Bellvue, Ohio. At the January term, 1883, he was indicted for murder in the first degree, and was tried at the April term following, before Judge C. P. Wicklann, and a jury as follows : A. H. Ake, J. Stout, Jr., Daniel Parkhurst, William Myerholtz, Henry H. Taulker, George Ash, Joe Plagman, Jacob Engler, Rudolphus Dickinson, John Harris, L. Walhoff and Titus Nolf. The State was represented by George Kinney, prosecuting attorney, assisted by John Lemon and Col. J. R. Bartlett. The defense was conducted by T. P. Finefrock, T. R. Strong and O. E. Kellogg. The trial lasted ten days, and on May 3o, the jury returned a verdict of guilty as charged in the indictment. Radford admitted the kill-

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ing, but claimed that the shooting was done while he was stunned from the effects of a blow upon his head with a garden rake, in the hands of the mother of his wife, who was maliciously, assaulting him at the time; that there was no previous purpose to injure his wife, and that the act was committed while he was in a dazed condition from the blows received by him, and was unconscious of what he was doing. Radford was a man of very violent temper, and had been abusive toward his wife, who had the day before the murder commenced proceedings in the Common Pleas court against him, for alimony. She was at her mother's house when the quarrel occurred, which resulted in the murder.

On June 15, the court sentenced Radford to be executed on October 12, 1883. This sentence was carried into effect accordingly by Charles F. Pohlman, Jr., sheriff of Sandusky County, at 12 :10 P. M., October 12, 1883.

THE BILLOW CASE.

Perhaps, one of the most interesting criminal cases eyer tried in the county, was the case of the State against Louis Billow, at the January term, 1900, of the Common Pleas Court, for 'the murder of Jacob Hess on May 16, 1896. Billow loved the daughter of Mr. Hess, and had made her proposals of marriage which she had rejected. Her parents supported her in rejecting his offer. Persisting in his efforts to win the daughter, he believed that the parents were the main obstacle in his way, and if 'they were disposed of he would be successful in gaining her hand. The day previous to the murder, he filled a basket with explosives, which he took with him to the home of a relative, who lived a few miles distant from the residence of Mr. Hess. He remained with this relative a part of the night, and from there went to Hess's house, to carry out his evident purpose of destroying the parents of the girl, for, in placing the explosives, he put them under that part of the residence containing their bed room. He also had with him a double-barreled shot gun. Igniting a long fuse which he had connected with the explosives, he secreted himself at a safe distance, but within range of the house with his gun, ready for use against any one who might escape therefrom, when the explosion would occur. No one was injured by the explosion ; but Mr. Hess and his son rushed to the door, to ascertain the cause of it, and thereupon Billow, from his place of hiding, discharged his gun at them. The father, Jacob Hess was mortally wounded and died soon after being shot. The son was seriously, but not fatally wounded, and recovered. Billow's basket with his name written upon the handle, was found where he had left it, after removing therefrom 'the dynamite. He made good his escape, fleeing from state to state and at one time to Mexico, a fugitive for more than three years, finally locating in the County of Kittetas, State of Washington, where he was found and captured. When arrested he made no denial of the charge against him, but told the officers all about the terrible tragedy, and of his many adventures in his various wanderings from place to place to escape detection and capture.

The trial was begun February 6, 1900, and lasted till March 18. Judge Charles S. Reed presided and the jurors were, G. W. Flory, John Elmers, Jonathan Bonowitt, John Linebaugh, John Bender, Hugh Havens, Grant Russell, B. F. Bretz, S. A. Wilson, G. F. Keefer, T. H. Brewer and John W. Spriggs.

The State was represented by George H. Withey, prosecuting attorney, assisted by George Kinney, Francis O'Farrell, John B. Stahl and Meade G. Thraves. The attorneys for the defense were John T. Garver Birt S. Garver, P. D. Garver, B. A. Fouche and S. C. Garver.

The defendant's counsel made the defense of insanity, only. There was probably no case tried in this county, where medical expert testimony figured more than in the Billow case. The defense produced, as medical expert witnesses, Dr. H. C. Eyeman, superintendent of the insane asylum at Massillon, Dr. Cooper of the Toledo Hospital for the Insane, and Drs. M. Stamm, R. B. Meek, M. O. Philips, R. H. Rice, O. C. Vermilya and C. B. Finefrock of the local physicians and surgeons. The State called Dr. S. V. Clevenger of Chicago, author of a work entitled "Medical Jurisprudence of Insanity," Dr. Carpenter, Superintendent of

196 - HISTORY OF SAN DUSKY COUNTY

the Columbus Insane Asylum, Dr. Beatty of Sandusky and a local physician.

The jury returned a verdict of guilty of murder in the first degree, and recommended mercy.

The defendant on March 18, 1900, was sentenced to confinement in the penitentiary for the period of his natural life without benefit of pardon or parole.

The testimony in support of the plea of insanity must have been sufficient to cause the jurors to recommend mercy, for, there were no extenuating circumstances, otherwise, to warrant such recommendation in behalf of the defendant,

SANDUSKY COUNTY BAR ASSOCIATION.

The following lawyers met at the law office of General R. P. Buckland, November to, 1879, to consider the matter of the organization of a Bar Association, namely : General R. P. Buckland, Homer Everett, Thomas P. Fine-frock, Colonel J. R. Bartlett, John M. Lemon, Basil Meek, M. E. Tyler H. Remsburg, John T. Garver, H. R. Finefrock, M. D. Baldwin, H. S. Buckland, A. H. Rice, Lester Wilson, A. B. Bushnell, C. B. Winters and B. R. Dudrow.

Hon. T. P. Finef rock was called to the chair, and Basil Meek was appointed secretary. On motion of Mr. Everett, a meeting of the members of the 'Sandusky County bar was called for the 19th of November, 1879. The meeting was accordingly held November 19th. General R. P. Buckland was called to preside, and Basil Meek was appointed secretary. Colonel J. H. Rhodes moved that the Sandusky County bar organize a Bar Association ; which motion being seconded, and after remarks from lawyers present, was unanimously carried and a committee composed of General Buckland, chairman, Basil Meek, secretary, and Homer Everett, John M. Lemon, J. R. Bartlett and J. H. Rhodes, was selected to prepare and report at the next meeting a Constitution for such Association. The meeting thereupon adjourned to meet Monday eyening, December I, 1879. This meeting was accordingly held and those present were the following lawyers : General Buckland in the chair, Basil Meek,secretary, Homer Everett, J. H. Fowler, J. H. Rhodes,

M. E. Tyler, H. R. Finefrock, John L. Greene, J. B. Loveland, W. W. Ross, John T. Garver,

S. C. Garyer, L. E. Stetler, H. Remsburg, H. S. Buckland and J. K. Elderkin.

Homer Everett, from the committee on a constitution, read the report of the commitee with the form of the Constitution prepared and recommended for adoption. The report was received, and the Constitution reported was unanimously adopted, and ordered to be entered at length in a book to be provided for the purpose, which was accordingly done. The Constitution was thereupon signed by the following attorneys (who are called charter members), viz : R. P. Buckland, E. F. Dickinson, Basil Meek, Homer Everett, W. W. Ross, J. L. Greene, Jr., J. Elwell, H. S. Buckland,

M. D., Baldwin, T. P. Finefrock, James K. Elderkin, A. H. Rice, H. R. Finefrock, J. H. Rhodes, John T. Garver. J. R. Bartlett and L. E.. Stetler. Gen. R. P. Buckland was elected the first president, Col. J. H. Rhodes, vice-president ; Homer Eyerett, treasurer, and Basil Meek, secretary. Forty-six additional names have been added to the enrollment, making a total membership enrolled from the beginning of sixty-three.

On the death of General Buckland in 1892, Hon. Thomas P. Finefrock was elected president, which position he held until his death, March 27, 1909 ; Col. J. R. Bartlett is vice-president.

Basil Meek has been secretary since the organization of the Association to the present, July, 1909.

The Standing Committees are as follows :

EXECUTIVE.

John T. Garver, Lester Wilson and J. H. Rhodes, with the president and vice-president.

ADMISSION.

George .Kinney, S. C. Garver and J. L. Hart.

GRIEVANCE.

D. A. Heffner, J. B. Stahl, M. L. Shackelford, F. E. Seager and D. B. Love.

LAW REFORM.

B. S. Garver, H. C. DeRan, J. J. Lehman, S. S. Richard and J. R. Bartlett.

LAW LIBRARY ASSOCIATION.

This is an incorporation not for profit, and was formed February 18, 1898. The incorporators were, John J. Greene, D. B. Love, Lester Wilson, M. G. Thrayes and J. R. Bartlett ; but

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it was about two years before the library was in running order.

The Reporter System was adopted and carried into effect, and the library is now supplied with about two thousand volumes of reports and digests, which contain reports of all cases in the courts of last resort in the states and in the United States back for about thirty years; and all the decisions of about thirty-five states of the union, complete, together with the current decisions of all the courts of last resort of all the states; and which by advance sheets are brought up to within two weeks from the date of decisions. The library is located in rooms in the court house next to the court room, and having the usual conveniences of tables, chairs, with lights and heat ; and to the regular library is added the law library of the late James Ft Fowler, consisting of about eleyen hundred volumes, which he bequeathed to the county for the use of the courts and bar. and which the county commissioners have placed with the Law Library Association as trustee for safe keeping and permission to use at the library rooms.

The first board of trustees elected was composed of John L. Greene, J. R. Bartlett, D. B. Love. S. S. Richards and Lester Wilson. Hon. John L. Greene was elected president and seryed until his death, July 20, 1903, and M. G. Thraves was elected secretary and treasurer. and served until 1907. M. G. Thraves was appointed librarian, which position was held by him continuously, until succeeded by P. D: Garver in 1908. The following lawyers have served as trustees of the association since the first board; viz : H. S. Buckland, president; H. C. DeRan, J. .B. Stahl, president; Basil Meek, George Buckland, F. E. Seager and M. G. Thraves.

The present board is as follows: Basil Meek, president ; Silas S. Richards, vice-president; D. B. Love, James G. Hunt and John B. Stahl. Morton S. Zeigler is secretary and treasurer and also librarian of the association. Access to the law library is free to all public officers, judicial or others, including township, village, city and county, and all members of the association have access upon the terms prescribed by the association.

The county commissioners provide the room and furnish light and heat for the library, and the court of common pleas appoints the librarian and fixes his salary, which is not to exceed $500.00 per year, which is paid by the county. It is the unwritten rule established and practiced between the association and the librarian that his salary is turned into the association for the purchase of books, and his services are to be gratuitous. The Sandusky County Law Library is regarded as among the best equipped libraries of the kind in the state, in cities of the size of Fremont.

CHAPTER XII.

ECONOMIC GEOLOGY.

OIL AND GAS.

STONE AND LIME.

The Trenton and the Clinton Rocks in Sandusky County—The Trenton the Only Oil Rock—Both Trenton and Clinton Produce Some Gas—Record of Gas Wells—The Fremont Gas Well—Other Gas Wells—The Township's Gas and Oil—Big Oil Producing Wells—The Kirkbride Gusher—Present Number of Paying Wells.

The Geological Survey of Ohio, Vol. VIII, and Bulletin No. 4, 1906, have been followed in preparing this chapter.

The Trenton Limestone is not only the most important source of oil in Sandusky County and in Ohio, but probably is not excelled by any single formation in the world. It forms the floor, so to speak, of the entire state, being found wherever the drill penetrates to a sufficient depth. It outcrops only in one locality, namely ; along the Ohio River in the southwestern corner of the state, but farther south, in Kentucky, it is the surface rock over a large area, and is the basis of the famous soils of the blue grass region.

This rock is often highly fossiliferous and occasionally the pieces brought up by the sand pump are little more than a cemented mass of shells.

The relation stratigraphically of the Trenton to the Clinton is shown in the record of a well at Rollersville, Sandusky County, from which it appears that through the Niagara series to the Clinton was 393 feet and through the Clinton, Medina shales, Cincinnati series and Attica shale. 852 1/2, and reaching the Trenton at 1,252 ½ feet. For comparison a record of a well drilled at Fremont is here given which is as follows :

Lower Helderberg limestone

Niagara limestone

Niagara shale and Clinton limestone

Medina shale

Cincinnati (Hudson River) shale

Utica shale

Trenton limestone at

160 feet

200 “

105 "

105 “

450 “

308 “

1,328 "

The oil rock in Sandusky County is in all cases the Trenton limestone. The Clinton and the Trenton produce gas; neither at present furnishes it in commercial quantities. The Trenton gas produced is used mainly for fuel in pumping oil, and that of the Clinton for domestic use on the premises where found.

HISTORY AND DEVELOPMENT.

Probably no other event in the history of central and northwestern Ohio has so stimulated the search for underground wealth as did the discovery of natural gas at Findlay in 1884. It was natural that Sandusky County, lying as it does, just east of Wood and northeast of Hancock, should be stimulated by the great discoveries made to the west and south. Fremont led the way, reaching the Trenton rock July 8, 1885, at a depth of 1,328 feet. as the record of the well before mentioned showed. Gas was liberated at several horizons, especially at the Clinton. but there was little or no addition to the flow when the Trenton was reached, even after the latter had been torpedoed. Other experiments into the Trenton

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