UNION COUNTY, OHIO - 1883 HISTORY - CHAPTER VIII - THE COURTS AND CIVIL LIST

HISTORY OF UNION COUNTY. - 359

CHAPTER VIII.

THE COURTS AND CIVIL LIST.

THE earliest judicial government for the territory now constituting Ohio was vested in a general court composed of three Judges, provided by the ordinance of 1787. The first Judges were Samuel Holden Parsons, James Mitchell Varnum. and John Cloves Symmes, the latter being appointed in place of John Armstrong who declined to serve. They were to adopt only such portions of the laws of the original States as were deemed suitable to the condition and wants of the people, and were not empowered to enact now laws. In the autumn of 1787, the Governor and Judges Varnum and Parsons met at Marietta. and began the duty of legislating for the Territory, continuing in session until December Contrary to the provisions of the ordinance, they enacted a number of laws on different subjects and submitted them to Congress, as required. That body, however, did not approve them, from their manifest illegality under the terms of the ordinance. After the assembling of Congress in 1789, under the new Constitution, the appointments made under the articles of confederation being doomed to have expired, the following new Judges were appointed for the Northwest Territory: Samuel Holden Parsons, John Cloves Symmes and William Barton. The latter declined to serve and George Turner was appointed to fill the vacancy. Judge Parsons soon afterward died, and in March, 1790, Rufus Putnam was appointed to fill the vacancy caused by his death. Putnam resigned in 1796, to enable him to accept the office of Surveyor General, and Joseph Gilman, of Point Harmar, was chosen to fill vacancy. Judge Turner left the territory in the spring of 1796, and during his absence resigned his seat on the bench. which was filled

$45 to one lady in high school department, same as the gentleman in that department.

360 - HISTORY OF UNION COUNTY.

by the appointment of Return Jonathan Meigs, in February, 1798. The Judges then in commission continued to hold their seats until the adoption of a State Constitution.

Between 1790 and 1795, numerous acts were passed which did not receive the sanction of Congress, as they were enacted rather than adopted, and finally in the summer of 1795, at a legislative session held at Cincinnati, a code of laws was adopted from the statutes of the original States, which superseded the chief part of those previously enacted, which had remained in force in the territory, regardless of their doubtful constitutionality. This code of laws, as adopted, was printed at Cincinnati in 1795, by William Maxwell, and became known as the Maxwell code; that was the first job of printing executed in the Northwestern Territory. But very little change was made therefrom until the first session of the General Assembly, held under the second grade of government September 16, 1799.

"The Ordinance and the Compact," says Judge Burnet, "which was the constitution of the Territory, contained but little specific legislation. It proscribed the rule of descents; the mode of transferring real estate, by deed of lease and release, and of devising or bequeathing it by will. It regulated the right of dower, and authorized the transfer of personal property by delivery; saving always to the French and Canadian inhabitants, and other settlers who had before professed themselves citizens of Virginia, their laws and customs then in force among them, relative to the descent and conveyance of property. In addition to these provisions, the compact ordained that no person demeaning himself in a peaceable manner should be molested on account of his mode of worship or religious opinions. It also secured to the inhabitants forever the benefit of the writ of habeas corpus, of trial by jury, of a proportionate representation of the people in the Legislature, and of judicial proceedings, according to the course of the Common Law."

The Courts of Common Law in the Territory assumed chancery powers as a necessity, as there was no tribunal in said Territory vested with such powers. Several necessary laws were passed at the first session of the Territorial Legislature at Cincinnati, but matters regarding courts and their powers were not satisfactorily settled until the adoption of the first State Constitution in 1802. The General Court provided for by the Ordinance of 1787 consisted, as before stated, of three Judges, "appointed by the President, with the advice and consent of the Senate; each of whom received a salary of $800 from the treasury of the United States, It was the highest judicial tribunal in the Territory, and was vested with original and appellate jurisdiction in all civil and criminal cases, and of capital cases; and on questions of divorce and alimony its jurisdiction was exclusive. It was, however, a common law court merely, without chancery powers, and it was the court of dernier ressort. It had power to revise arid reverse the decisions of all other tribunals in the Territory; yet its own proceedings could not be reversed or set aside, even by the Supreme Court of the United States, It was held at Cincinnati in March, at Marietta in October, at Detroit and in the Western counties a such time in each year as the Judges saw proper to designate."

The travels of the Judges and members of the bar in those early years, to and from the places of holding courts- Cincinnati, Marietta and Detroit were attended with difficulties of the most serious nature. The distances were always great, settlements were scarce and the way was rough. Their journeys were made on horseback, and it was exceedingly necessary that the horses they rode should be good swimmers, for it was in the days before bridges had been thought of, and only the best fording places along the numerous streams were sought out by the tired travelers. Judge Burnet, who knew from experience all the trials of the times, wrote of them as follows;

HISTORY OF UNION COUNTY. - 361

"The journeys of the court and bar to those remote places, through a country in its primitive state, were unavoidably attended with fatigue and exposure. They generally traveled with five or six in company, and with a pack-horse to transport such necessaries as their own horses could not conveniently carry, because no dependence could be placed on obtaining supplies on the route; although they frequently passed through Indian camps and villages, it was not safe to rely on them for assistance. Occasionally, small quantities of corn could be purchased for horse feed, but even that relief was precarious, and not to be relied on. In consequence of the unimproved condition of the country, the routes followed by travelers were necessarily circuitous and their progress slow. In passing from one county seat to another they were generally from six to eight and sometimes ton days in the wilderness, and, at all seasons of the year, were compelled to swim every watercourse in their way which was too deep to be forded; the country being wholly destitute of bridges and ferries, travelers had therefore to rely on their horses as the only substitute for those conveniences. That fact made it common, when purchasing a horse, to ask if he were a good swimmer, which was considered one of the most valuable qualities of a saddle horse."

Lynch law was liable to be adopted by the men of the border settlements, and one or two instances of its execution, in the form of public whippings, are known to have occurred; but in August, 1788, a law was published in Marietta establishing a "General Court of Quarter Sessions of the Peace, and County Courts of Common Pleas, and these superseded the lynch code before it bad been in operation a year. Mr. McMillan was appointed the Presiding Judge of those courts in the county of Hamilton.

The first Constitution of the State of Ohio, adopted November 29, 1802, contained, in its third article, the following provisions for the judicial government of the State:

SECTION 1. The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, in Courts of Common Pleas for each county, in Justices of the Peace, and in such other courts as the Legislature may from time to time establish.

SEC. 2. The Supreme Court stall consist of three Judges, any two of whom shall be a quorum. They shall have original and appellate jurisdiction, both in common law and chancery, in such cases as shall be directed by law; Provided, That nothing herein contained shall prevent the General Assembly from adding another Judge to the Supreme Court after the term of five years, in which case the Judges may divide the State into two circuits, within which any two of the Judges may hold a court.

SEC. 3. The several courts of Common Pleas shall consist of a President and Associate Judges. The State shall be divided. by law, into three circuits: there shall be appointed in each circuit a President of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county not more than three nor less than two Associate Judges, who, during their continuance in office, shall reside therein. The President, and Associate Judges, in their respective counties, any three of whom shall be a quo rum, shall compose the Court of Common Pleas, which court shall have common law and chancery jurisdiction in all such cases as shall be directed by law; Provided, Thai nothing herein contained shall be construed to prevent the Legislature from increasing the number of circuits and Presidents, after the term of five years.

SEC. 4. The Judges of the Supreme Court and Courts of Common Pleas shall have complete criminal jurisdiction, in such cases and in such manner as may be pointed out by law.

362 - HISTORY OF UNION COUNTY.

SEC. 5. The Court of Common Pleas in each county shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians, and such other cases as shall be prescribed by law.

SEC. 6. The Judges of the Court of Common Pleas shall, within their respective counties, have the same powers with the Judges of the Supreme Court, to issue writs of certiorari to the Justices of the Peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.

SEC. 7. The Judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the State. The Presidents of the Court of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits; and the Judges of the Court of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective counties.

SEC. 8. The Judges of the Supreme Court, the Presidents and the Associate Judges of the Courts of Common Pleas, shall be appointed by a joint ballot of both Houses of the General Assembly and shall hold their offices for the term of seven years, if so long they behave well. The Judges of the Supreme Court and the Presidents of the Courts of Common Pleas shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continence in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this State, or the United States.

SEC. 9. Each court shall appoint its own clerk, for the term of seven years; but no person shall be appointed clerk, except pro tempore, who shall not produce to the court appointing him a certificate from the majority of the Judges of the Supreme Court that they judge him to be well qualified to execute the duties of the office of clerk to any court of the same dignity with that for which he offers himself. They shall be removable able for breach of good behavior, at any time, by the Judges of the respective courts.

SEC. 10. The Supreme Court shall be bold once a year in each county, and the courts of Common Pleas shall be holden in each county, at such times and places as shall be prescribed by law.

Sec. 11. A competent number of Justices of the Peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office three years, whose powers and duties shall, from time to time, be regulated and defined by law.

SEC 12. The style of all processes shall be "The State of Ohio;" all prosecutions shall be carried on in the name and by the authority of the State of Ohio, and all indictments shall conclude against the peace and dignity of the same.

The now Constitution of Ohio, adopted June 17, 1851, made considerable changes in the courts, and Article 4, providing for judicial matters in the State, is as follows:

SECTION 1. The judicial power of the State shall be vested in a Supreme Court, in District Courts, Courts of Common Pleas, Courts of Probate, Justices of the Peace, and in such other courts, inferior to the Supreme Court, as the General Assembly may from time to time establish.

SEC. 2. The Supreme Court shall consist of five Judges, a majority of whom shall be necessary to form a quorum or pronounce a decision. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year at the seat of government, and such other terms at the seat of government or elsewhere as maybe provided bylaw. The



HISTORY OF UNION COUNTY. - 363

Judges of the Supreme Court shall be elected by the electors of the State at large.

SEC. 3. The State shall be divided into nine Common Pleas districts, of which the county of Hamilton shall constitute one, of compact territory, and bounded by county lines; and each of said districts, consisting of three or more counties, shall be subdivided into three parts, of compact territory, bounded by county lines, and as nearly equal in population as practicable, in each of which one Judge of Common Pleas for said district, and residing therein, shall be elected by the electors of said subdivision. Courts of Common Pleas shall be held by one or more of these Judges, in every county in the district, as often as may be provided by law; and more than one court, or sitting thereof, may be hold at the same time in each district.

SEC. 4. The jurisdiction of the Courts of Common Pleas, and of the Judges thereof, shall be fixed by law.

SEC. 5. District Courts shall be composed of the Judges of the Court of Common Pleas of the respective districts, and one of the Judges of the Supreme Court, any three of whom shall be a quorum, and shall be hold in each county therein at least once in each year; but, if it shall be found inexpedient to hold such court annually in each county of any district, the General Assembly may, for such district, provide that said court shall be holden at three annual sessions therein, in not less than three places; Provided, That the General Assembly may, by law, authorize the Judges of each district to fix the times of holding the courts therein.

SEC. 6. The District Court shall have like original jurisdiction with the Supreme Court, and such appellate jurisdiction as may be provided by law.

SEC. 7. There shall be established in each county a Probate Court, which shall be a court of record, open at all times, and holden by one Judge, elected by the voters of the county, who shall hold his office, for the term of three years, and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law.

SEC. 8. The Probate Court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, and such other jurisdiction, in any county or counties, as may be provided by law.

SEC. 9. A competent number of Justices of the Peace shall be elected by the electors in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law.

SEC. 10. All Judges, other than those provided for in the constitution, shall be elected by the electors of the judicial district for which they may be created, but not for a longer term of office than five years.

SEC. 11. The Judges of the Supreme Court shall, immediately after the first election under this constitution, be classified by lot, so that one shall hold for the term of one year, one for two years, one for three years, one for four years and one for five years; and, at all subsequent elections, the term of each of said Judges shall be for five years.

SEC.12. The Judges of the Courts of Common Pleas shall, while in office, reside in the district for which they are elected; and their term of office shall be for five years.

SEC, 13. In case the office of any Judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be

364- HISTORY OF UNION COUNTY.

filled by appointment by the Governor, until a successor is elected and qualified; and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty days after the vacancy shall have happened.



SEC. 14. The Judges of the Supreme Court and of the Court of Com. mon Pleas shall, at stated times, receive for their services such compensation as may be provided by law, which shall not be diminished or increased during their term of office; but they shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this State or the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this State, given by the General Assembly, or the people, shall be void.

SEC. 15. The General Assembly may increase or diminish the number of the Judges of the Supreme Court, the number of the districts of the Court of Common Pleas, the number of Judges in any district, change the districts or the subdivisions thereof, or establish other courts, whenever two-thirds of the members elected to each House shall concur therein; but no change, addition or diminution shall vacate the office of any Judge.

SEC. 16, shall be elected in each county, by the electors thereof, one Clerk of the Court of Common Pleas, who shall I hold his office for the term of three years, and until his successor shall be elected and qualified . He shall, by virtue of his office, be clerk of all other courts of record hold therein; but the General Assembly may provide, by law, for the election of a Clerk, with a like term of office, for each or any other of the courts of record and may authorize the Judge of the Probate Court to perform the duties of Clerk for his court, under such regulations as may be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be pro. scribed by law.

SEC. 17. Judges may be removed from office, by concurrent resolution of both Houses of the General Assembly, it two-thirds of the members elected to each House concur therein; but no such removal shall be made except upon complaint, the substance of which shall be entered upon the journal, nor until the party charged shall have had notice thereof and an opportunity to be heard.

SEC. 18. The several Judges of the Supreme Court, of the Common Pleas, and of such other courts as may be created, shall, respectively, have and exercise such power and jurisdiction, at chambers or otherwise, as may be directed by law.

SEC. 19. The General Assembly may establish courts of Conciliation, and prescribe their powers and duties; but such courts shall not render final judgment in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment.

SEC. 20. The style of all process shall be, " The State of Ohio;" all prosecutions shall be carried on in the name and by the authority of the State of Ohio, and all indictments shall conclude, "against the peace and dignity of the State of Ohio."

The following items concerning the courts in the county of Union are compiled from articles written by Judge J. B. Coats and published in the Marysville Tribune in 1870:

The first court held in Union County was a special term of the Court of Common Pleas, convened at Milford, April 14, 1820. It was held by the Associate Judges, David Mitchell, William Gabriel and Nicholas Hathaway. Thomas Reynolds was appointed Clerk pro tem., and also Recorder of the county. His securities were George Reed, Joel Frankelberger and Joseph S.

Page 364 - Picture of James Thompson

Page 365 - Blank

HISTORY OF UNION COUNTY. - 367

Hughs. Reynolds took the oath of office and the court adjourned without day. Mr. Reynolds kept the minutes of this meeting of the court. Judge Coats thinks 'it probable that this court completed the organization of the county, although there is no entry on the record to show that such steps were taken. The record does not state who was Sheriff at that time, but doubtless James Ewing served in that capacity, as his bond was filed with the County Clerk three days later (April 17, 1820). This term of court was held in one of the rooms of Nathaniel Kazer's tavern, on the ground lately owned by James Fullington and occupied by a large brick building. The old structure is believed to be still standing. The court room was separated from the baiand the people by stretching a rope across the room in which the entire business was transacted.

The first regular term of the court held in the county convened at Milford, May 15, 1820; present, Hon. John A, McDowell, President Judge, and David Mitchell, William Gabriel and Nicholas Hathaway, Associates,. This court was hold in the same room and the same manner as the first one. The first Grand Jury was composed of the following persons: Clark Provin, foreman; David Mitchell, Jr., Allen Leeper, James Bell, Lancelot Maze, Samuel Robinson, J. Boal, Andrew Gill, John Porter, John Gabriel, Joseph Stewart, George Reed, Robert Bronston, James Snodgrass, Alexander Reed. The first order entered upon the record of this term was the appointment of Abraham D. Vanhorn Prosecuting Attorney. The second was one granting a license to David Davis to keep a tavern for one year at Milford upon the payment of $10. The next appointed James Townsend, County Surveyor, and the next, Thomas Reynolds, Clerk pro tem. of the court. Among other items furnished by the record of this term is the following: "Ordered by the court that Rhody Stokes be appointed guardian of Hope Stokes, nine years of age; Hiram Stokes, seven years; Maria Stokes, five years; John Stokes, two years, heirs of John Stokes, deceased, upon entering into bonds with James Ewing, David Comer and Alexander Reed, as securities." The Stokes children became wellknown residents of the county The last order issued by the court at this term was the granting of a license to William Burnham to keep a tavern for one year at Milford, upon payment of $10. The term lasted but one clay. It is not known positively whether the Grand Jury found and presented any indictments at this term, but it is probable that they did, as the second case upon the docket of the second term was a criminal one.

The second term of court commenced in the court room at Milford, July 10, 1820; present, the full bench as before. The Grand Jurors were Anson Howard, foreman; Thomas McDowell, Allen Leeper, Samuel Kazer, George Brown, George Reed, Andrew Gill, James Cochran, Samuel Kirkpatrick, Robert Snodgrass, John Porter, David Reed, James Townsend, John McDowell, Thomas Reed. George Brown was granted a license to vend goods in Union Township, paying $10 for the privilege, The only civil case on the docket at this term was that of Isaac Johnson vs. Simeon Hager-the first also on the Common Pleas record of Union County-and it ran through several terms and was finally settled by arbitration. The first criminal case was one for assault and battery-" State of Ohio vs. Stephen Kelsey." The indictment states that the jurors, upon oath, present that " Stephen Kelsey, now or late of said county, on the 24th day of June, 1820, at Milford, in the county aforesaid, with force and arms, to wit: with clubs, sticks and other offensive weapons, in and upon one Philander Crapo, in the peace of the said State then and there being, did make an assault, and him, the said P. Crapo, did then and there beat, wound and evil treat against the peace of the said State, its laws and dignities," The defendant pleaded not guilty, and a jury composed of Will-

368 - HISTORY OF UNION COUNTY.

iam Burnham, David Bowen, James Biggs, Samuel Reed. B. King, Vandiver Reed, Elias Robinson, Ebenezer Miles, Richard Gabriel, John Parthemore, Isaac Dodd and Robert Branson tried the case and found him guilty as indicted. An attempt to arrest judgment was overruled, and Kelsey was fined $10 and costs of prosecution. The second criminal case on the docket tried at this term, and the first indictment found and presented by a Grand Jury in Union County, was that of the State of Ohio vs. Luke Ellison, for grand larceny. Ellison had stolen a bay mare worth $40 and a saddle worth $10, the former from Moses Patrick and the latter from John McLaughlin. He was tried, convicted and sentenced to the penitentiary for five years. He was a native of Lower Canada, twenty-one years of age, unmarried and without a trade.

At this term, Levi Phelps was appointed County Surveyor for the term of five years, and Richard Gabriel, keeper of the seals of standard measures. Abraham D. Vanhorn, Prosecuting Attorney, was allowed $45 for his serv. ices during this and the last term of court.

August 17, 1820, a special term of court was held by the Associate Judges Mitchell, Hathaway and Gabriel-at which Margaret Mitchell and James. Boal were granted letters of administration on the estate of George Mitchell, deceased. Samuel Robinson, Thomas Robinson and Samuel Mitchell were appointed to appraise the property of the deceased, and make return to the Clerk's office in three months, according to law.

May 15, 1821, a special term was held at Milford by the Associate Judges, the President Judge being absent. John R. Parish was appointed Prosecut. ing Attorney on behalf of the State. A Grand Jury was appointed, who retired for deliberation. There were no criminal eases on the docket and but six civil cases. The jury impaneled for the trials thereof consisted of William B. Irwin (since of Lebanon, Warren Co., Ohio, and now deceased), Simeon Hager, John Irwin, William Richey, Jr., John Irwin, Jr., Daniel Kent, Jonathan Worthy, Moses Mitchell, Hugh Porter, Augustus Coolidge, Nathaniel Kazer, Moses Patrick. The last will and testament of Joshua Ewing, deceased. was exhibited in open court by Calvin Winget and Elizabeth Gill, two of the subscribing witnesses thereto, and was duly proved and admitted to record, and letters testamentary issued to James Ewing, Esq., and Margaret Ewing. The Grand Jury then came into court, presented nothing and was discharged. The sum of $15 was allowed John R. Parish for duties as Prosecuting Attorney at this term, and it was "ordered that David Comer be paid $1.50 per day as Director of the town of Marysville, the seat of justice for this county." A special term was held by the Associate Judges June 16, 1821, at which some minor business was transacted.

July 10, 1821, the second regular term for that year was held at Milford; full bench present. " The only business of any importance before the court at this term," says Judge Costs, " was the trial of the case entitled the State of Ohio vs. Seth Chillis, on an indictment for burglary found against the said Seth Chillis at this, the July term of court, in which indictment the said Seth Chillis is charged with breaking and burglariously entering into the stillhouse of one Jacob Sager, with intent to steal the goods and chattels of said Jacob Sager, there situate and being, feloniously to steal, take and carry away against the peace and dignity of the State of Ohio, and against the statute in such cases made and provided." John R. Parish was Prosecuting Attorney. Defendant pleaded not guilty, but a jury of good and true men found him guilty, and he was convicted and sentenced to two years' confinement in the penitentiary. Chillis was a native of Massachussetts, a resident of Madison County, Ohio, and a farmer by occupation. Among orders issued at this term

HISTORY OF UNION COUNTY.- 369

was one granting a license to George Brown to keep a store in Milford one year, on payment of $10. The court, on reconsideration, allowed the Director of the town of Marysville $2 per day as compensation for his services, and allowed John R. Parish $20 for his services at this term of court.

The Associate Judges hold a special term in this year and attended to some probate business. The last regular term of the Court of Common Pleas for 1821 was hold at Milford, beginning Noember 13 and lasting two days. The Judges present were John A. McDowell, President, William Gabriel and David Mitchell, Associates. On the second day of this term, Richard Gabriel was appointed County Recorder pro tem., having the day before been appointed Clerk pro tem. Certain probate matters were attended to, and a number of criminal cases were tried, Court met at Milford on the 18th and 19th of April, 1822; present, Associate Judges David Mitchell, William Gabriel and James Curry. James Cooley was appointed Prosecuting Attorney in place of J R. Parish, who was absent. The next term was hold by the same Judges and the same places. July 18, 1822, and this was the last court convened at Milford.

November 21, 1822, the Court of Common Pleas was hold for the first time at Marysville, the county seat, meeting in a room in the log tavern owned by Matthias Collins and situated on Main street, north of the public square. This court was opened by the Associate Judges, Gabriel, Mitchell and Curry, President Judge McDowell appearing and taking his seat in the afternoon. The Grand Jury returned an indictment against Patrick Connor, for riot; he was found guilty, and was fined $5 and costs. At this term, Matthias Collins was granted a license to keep tavern in the town of Marysville. Two other cases were disposed of, one for assault and battery and one for stealing a hog. and court adjourned.

The terms of court have since been regularly hold at Marysville-first in Collins' log tavern, next in the old court house on the south side of East Center street, then for forty-five years in the brick court house, but recently abandoned, and finally the hall of justice, with all its belongings is found in the magnificent now temple which has just been erected. The days of barroom courts are over, and the anxious barrister now airs his eloquence where frescoed ceilings and rich surroundings appear in the place of smoke-dimmed walls, wooden benches. rope partitions and the rude paraphernalia of the frontier tavern. The old court house will soon have become a memory of the past, but the echoes by-gone appeals to justice and the associations of nearly half a century will cling around the spot where legal lights of high and low degree won fame or became notorious for their want of knowledge of knotty points. and were made to smart by their sharper adversaries when came the tug of war. "



The first term of the Supreme Court of Union County, under the old Constitution, was hold before Judges Jacob Burnet, and Charles Sherman at Marysville. July 22, 1826. The subsequent terms were held a at the times and by the Judges as shown in the following July 26, 1827, Peter Hitchcock, Charles Sherman: JuIy 23, 1828. Calvin Pease. Charles R. Sherman: July 25, 1829. Joshua Collett, Gustavus Swan: September 20, 1830 , Joshua Collett, John C. Wright; July 25, 1835, Joshua Collett. Reuben Wood; July 8, 1837, Reuben P. Wood, Frederick Grimke; June 30, 1838, E. Lane. Peter Hitchcock; June 24, 1840, E. Lane. Reuben Wood: June 24, 1841, same; June 27, 1842, Ebenezer Lane, N. C. Reed; June no 26, 1843. same; June 24, 1844, Reuben Wood, Matthew Birchard; July 19. 1845, N. C. Reed, Peter Hitchcock; June 23, 1846, Matthew Birchard. Peter Hitchcock; July 11, 1847, Peter Hitchcock, Edward Avery; July 6, 1848, Matthew Birchard, N. C. Reed:

370 - HISTORY OF UNION COUNTY.

July 2, 1849, Peter Hitchcock, William B. Caldwell; July 1, 1850, Edward Avery, Rufus P. Spalding; June 14,1851, William B. Caldwell, Rufus P. Ranney. This was the last term of the Supreme Court, The new constitution provided in its place the District Court, and the first term of the latter, for the third Common Pleas District, was held at Marysville, August 20, 1852, before Judge John A. Corwin, --- Hall and Benjamin Metcalf.

Since the Probate Court was established, the following have been Judges thereof in the county of Union: 1851-54, Thomas Brown; 1854-57, James Turner; 1860-66, James R. Smith; 1869 --, John B. Coats, who has been four times re-elected and is the present incumbent of the position.

CONGRESSMEN FROM UNION COUNTY.

1866-Cornelius S. Hamilton; deceased during term of office.

1872-James W. Robinson; held one term.

STATE SENATORS FROM THIS DISTRICT.

1820-21-Joseph Foos; district composed of the counties of Franklin, Delaware, Madison and Union.

1822-Henry Brown.

1823-James Kooken; district, Franklin, Madison, Union, Delaware, Marion and Crawford Counties.

1824-27-Joseph Foos; district, Franklin, Madison and Union Counties.

1828-Not given in authorities consulted.

1829-William Fielding-Logan, Shelby, Union and Madison Counties.

1830-31-John Shelby.

1832-35-Philip Lewis-Madison, Union, Logan, Hardin and Hancock Counties.

1836-37-Hezekiah Gorton-Marion, Crawford, Delaware and Union Counties.

1838-39-Benjamin F. Allen.

1840-No record in tables consulted.

1841-Benjamin F. Stanton; resigned July 25, 1842-Champaign, Logan and Union Counties.

1842-Same; elected to fill vacancy caused by resignation.

1843-44-John Gabriel, Jr.

1845-46-Ira A. Bean-Logan, Champaign, Union and Hardin Counties.

1847-48-Joshua Judy.

1849-50-William Lawrence--Logan,. Hardin, Union and Madison Counties.

1852-John J. Williams.

1854--William Lawrence.

1856-Cornelius S. Hamilton.

1858-Conduce H. Gatch.

1860-T. B. Fisher.

1862-John Hood.

1864-William H. West.

1866-P. B. Cole.

1868-Solomon Kraner.

1870-John Bartram.

1872-Isaac S. Gardner.

1875-M. C. Lawrence.

1876-William W, Beatty.

1878-Hylas Sabine.

1880-82-Luther M. Strong.

HISTORY OF UNION COUNTY. - 371

REPRESENTATIVES IN STATE LEGISLATURE.

James Curry, representative from Madison County in 1819-20, introduced the bill for the erection of Union County, which was passed at that session. Mr. Curry's home was in the new county.

1820-Isaac Minor; district composed of Madison and Union Counties.

1821-William Lewis.

1822-Nicholas Hathaway.

1823-Robert Hume. 1824-26Philip Lewis.

1827-28-Reuben P. Mann; district changed in

1828 to include the counties of Union, Madison, Logan and Hardin,

1829-Lanson Curtis.

1830-John T. Chenowith - Logan, Madison and Union Counties.

1831-33-Samuel Newell.

1834-35-Nicholas Hathaway.

1836-Otway Curry, John Carey-Marion, Crawford and Union Counties.

1837-Otway Curry, Stephen Fowler.

1838-John Campbell, Stephen Fowler.

1839-Guy C. Worth, James H Goodman.

1840-William C. Lawrence-Champaign, Logan and Union Counties.

1841-Same-Logan and Union Counties.

1842-Otway Curry.

1843-William McBeth.

1844-No record found.

1845-46-William Richie-Champaign and Union Counties.

1847-Jesse C. Phillips.

1848-49-Josiah S. Copeland-Union and Marion Counties.

1850-Philander B. Cole.

1852-Same, from Union County alone.

1854-Joshua Judy.

1856-William Gabriel.

1858-60-James W. Robinson.

1862-William H. Robb.

1864-Amos J. Sterling; resigned and James W. Robinson elected to fill vacancy.

1866-68-Maecenas C. Lawrence.

1870-72-A. James Sterling.

1874-William H. Conkright.

1876-French Garwood.

1878-William H. Conkright.

1880-82-A. B. Robinson.

COUNTY AUDITORS.

1821-23, Clark Provin; 1823-37, Levi Phelps; 1837-39, Silas G. Strong; 1839-41, Stephen McLain; 18411-43, Oliver C. Kennedy; 1843-48, John Johnson; 1848-52, Andrew McNeil; 1852-54, Joseph Newlove; 1854-56, John F. Sabine; 1856-58. Hylas Sabine; 18,58-60, James A. Henderson; 1860-66, Joseph Newlove; 1866-75, John Wiley; 1875-83, Will L. Curry.

COUNTY COMMISSIONERS. (1)

1820, Robert Nelson, David Comer, Henry Sager; 1821, Robert Nelson; 1822, Matthias Collins; 1823, Henry Sager; 1824, Robert Nelson; 1825,

(1) Given as elected in each year.

372 - HISTORY OF UNION COUNTY.

George Reed; 1826-27, James Herd; 1828, Elias Robinson; 1829, Henry, Sager; 1830, James Herd; 1831, William B. Irwin; 1832, David Galland; 1833, James Herd; 1834, William B. Irwin; 1835, David Galland; 1836, James Herd; 1837, William B. Irwin; 1838, John P. Brookins; 1839, Joshua Judy; 1840, William B. Irwin; 1841, John P. Brookins; 1842, Joshua Judy; 1849, Jesse Gill; 1844, William Hamilton; 1845, returns missing; 1846, John W. Robinson; 1847, William Hamilton, Joshua Marshall; 1848 . Joshua Marshall; 1849, John W. Robinson; 1850, M. H. Wadham, William T. Fulton; 1851, William T. Fulton; 1852, Nelson Cone; 1853, William Porter; 1854, William T. Fulton. 1.855, Nelson Cone; 1856, Jacob Parthemore; 1857, Andrew McNeil; 1858, William R. Webb; 1.859, Joseph K. Richey; 1860, Andrew McNeil; 1861, W. H. H. Titus; 1862, William R. Webb; 1863, Joseph K. Richey; 1864, John Cheney; 1865, Robert D. Reed; 1866, James Fullington (to fill vacancy caused by death of R. D. Reed), Jehu Gray; 1867, E. D. Smith; 1868, James Fullington; 1869, Jehu Gray; 1870, J. K. Richey; 1871, James Fullington; 1872, Lorenzo Cheney; 1873, R. T. McAllister; 1874, James Fullington; 1875, John Gray; 1876, James B. Whelpley; 1877, John K. Dodge; 1878, James T. Mahaffey; 1879, James B. Whelpley; 1880, Nathan Howard; 1881, Uriah Cahill; 1882, Luther Liggett

COUNTY TREASURERS

1821-22, no record; 1823, Richard Gabriel; 1824-25, Alexander Robinson; 1826-27, James Boal. All the foregoing were appointed to the office; those elected have been as follows: 1827-33, Stephen McLain; 1833-45, Alexander Pollock; 1845-51, Cyprian Lee; 1851-55, Joshua Marshall; 1855-57, John Barbour; 1857-61, E. L. Reynolds; 1861, David D. Welsh; died in office and A. F. Wilkins appointed- to fill vacancy; 1863-65, Samuel S. Jewell; 1865-69, William ff. Robb; 1869-71, James R. Russell; died after second election and J. B. Whelpley appointed to fill out him unexpired term; 1873-77, Samuel S. Jewell; 1877-79, George W. Court; 1879--83, William M. Liggett.

CLERKS OF COURT.

1820-21, Thomas Reynolds; Richard Gabriel was appointed Clerk pro tem., November 13, 1821, but did very little duty in the office; his writing appears occasionally on the record until 1823: 1821-36, Silas G. Strong; 1836-43, James H. Gill; 1843-49, John Cassil; resigned in 1849 and James Kinkade appointed. The latter served until 1851, when, under the new law, the office became elective. 1851-54, James Turner; 1854-60, Taber Randall; 1869-75, Francis T. Arthur; 1875-81, William M. Winget; 1881-84, John Q. Burgner.

COUNTY SHERIFFS.



1820-23, James Ewing; 1823-28, Amos A. Williams; 1828-32, David Witter; 1832-36, Calvin Winget; 1836-40, Ransom Clark; 1840-44, William W. Steele; 1844-46, William M. Robinson; 1846-50. Philip Snider; 1850-54, William C. Malin; 1854-58, William H. Robb; 1858-60, Abraham Wiley; 1860-62, Philip Snider; 1862-64, Charles 81. Robinson; 1864-68, James B. Whelpley; 1868-72, Robert Sharp; 1872-76, John C. Price; 1876-80, Justus J. Miller; 1880-84, John Hobensack.

COUNTY CORONERS.

1820-26, Joseph Kennedy; 1826-28, David Kingery; 1828-33, William Parkison; 1833-34. David Kingery; 1834-36, James Riddle; 1836-39, James W. Steele; 1839-41, James L. Ward; 1841-43, Thomas F. Wood;

HISTORY OF UNION COUNTY. - 373

1843-44. William H. Frank; 1844-15, James Riddle; 1846-47, William H. Frank; 1848-50, Henry Wolford; 1850-51, Cyprian Lee; 1852-54, B. F. Kelsey; 1854-58, Joshua S. Gill; 1858-62, Charles Rathbun; 1866, William Cartmell; 1866-67, Jacob S. Newcomb; 1867-68, Robert Sharp; 1868-70, Andrew Keyes; 1870-72, Thomas Martin; 1872-74, Adam Wolf Wolford; 1874-46, I. N. Hamilton; 1876-19, H. McFadden; 1879-80, Hays Speakman; 1880-81, Elmer P. Blinn; 1881-83, Henry W. Morey.

COUNTY ASSESSORS.

1827-31, John Jolley; 1831-33, Oliver C. Kennedy; 1833-35, Joseph K. Richey; 1835-37, J. January; 1837-39, Thomas F. Woods.

COUNTY RECORDERS

1830-33, Robert Andrew; 1833-42, Peyton B, Smith; 1842-45, James Turner; 1845, no record of county election; 1848-51, James Turner; 1851-54, William M. Robinson; 1854-60, John W. Thompson; 1860-69, James Smith, 1869-75, Hiram Roney; 1875--81, George P. Robinson, 1881-84, George Jordan. The foregoing were all elected. The following held the office by appointment ; 1820-21, Thomas Reynolds; 1821-23 Richard Gabriel; 1823-30, Silas G. Strong. Mr. Strong recorded his last deed June 29, 1830, when Robert Andrew became Recorder pro tem. The latter was elected to the office in October, 1830.

PROSECUTING ATTORNEYS.

1820, Abraham D. Vanhorn; 1821-22, John R. Parish; 1822, James Cooly; 1823-25, John R, Parish; 1825-33, Jonathan E. Chaplin; 1833-38, William C. Lawrence; 1838-42, P. B. Cole; 1842-44, A. Hall; 1844-46, P. B. Cole; 1846-48, Otway Curry; 1848-50, Charles W. B. Allison; resigned in 1850 and Otway Curry appointed: 1851-53, James W. Robinson; 1853 -55, Jackson C. Doughty; 1855-59, Jo John L. Porter; 1859-65, John B. Coats; 1865-69, John L. Porter; 1869-73, Leonidas Piper; 1873-75, John L. Porter. 1875-77, Delbert W. Ayers; 1.877-81, R. L. Woodburn; 1881-83, John W. Brodrick.

COUNTY SURVEYORS.

May 15, 1820, James Townsend; July 10, 1820, Levi Phelps was appointed for five years, but nothing appears on the record to show that he did not serve continuously until 1845; he held the office by election from 1836 to 1845, and in the latter year there is no record of an election. William B. Irwin served from 1848 to 1854; A. F. Wilkins, 1854 to 1860; B. A. Fay, 1860 to 1866; A. S. Mowry, 1866 to 1875; Frederick J. Sager, 1875 to 1883, present incumbent.

INFIRMARY DIRECTORS.

1851, John Johnson, David Watkins, Samuel Ballinger; 1852, Levi Longbrake; 1853, Aquilla Turner; 18K John W. Cherry; 1855, Levi Longbrake; 1856, Aquilla Turner; 1857, Thomas Brown; 1858, Levi Longbrake; 1859, Lemuel Myers; 1860, D. G. Cross; 1861, S. F. Kinney; 1862, Samuel Marsh; 1863, D. G. Cross; 1864, S. F. Kinney; 1865, John F. Sabine; 1866, D. G. Cross; 1867, John Guthrie; 1868, John F. Sabine; 1869, D. G. Cross; 1870, John Guthrie; 1871, J. F. Sabine; 1872, D. G. Cross; 1873, O. B. Williams; 1874, George Wilber; 1875, John F. Sabine, E. L. Price, 1876, Levi Longbrake; 1877, George P. Cross; 1878, J. F. Sabine; 1879, Levi Longbrake; 1880, George P. Cross; 1881, John F. Sabine; 1882, Thomas M. Brannon.

(RETURN TO THE TITLE PAGE)