WYANDOT COUNTY, OHIO - 1884 HISTORY - CHAPTER VII

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CHAPTER VIL

THE BENCH AND BAR.

INTRODUCTORY-EARLY JUDICIAL PROCEEDINGS IN THE TERRITORY-THE

FIRST STATE CONSTITUTION-ARTICLE IV, CONSTITUTION OF 1851-SUPREME COURTS-DISTRICT COURTS - COURTS OF COMMON PLEAS-THE JUDGES OF

THE SAME-LENGTH OF THEIR TERMS OF OFFICE-BIOGRAPHICAL SKETCHES -RESIDENT MEMBERS OF THE BAR-BRIEF MENTION OF MANY OF THEM.

INTRODUCTORY.

THE part played by law in the organization of human society is that of an ever acting force, a force essential to its very existence, and upon which human happiness and well-being are unceasingly dependent. With out law, mankind would long ere this have perished, as no organization is possible without it. Upon the wise interpretation as well as the judicious framing of the laws, the well-being of a community is established as upon a rock-like foundation, whence it naturally flows as a consequence that the history of those upon whom this duty devolves must form no unimportant portion of a work of this character. The whole superstructure of law is founded upon a few principles of natural justice, and, therefore, at its base, in its essential principles, " in its inmost bosom's core," law is the exponent of right and truth and justice; and, notwithstanding the efforts of the cunning and unscrupulous, it will still be found that on the whole law is on the side of right, and the popular prejudice against lawyers has its basis chiefly in ignorance of the true nature of a lawyer's functions, which are, to see that every one has the benefit of the privileges accorded him by the laws of the land, and that the forms of law are rigidly preserved, as upon their strict enforcement of these the stability of society depends.

As the business of the lawyer is to deal with the daily affairs of men, and as these are becoming more and more complex and artificial, it is clear that where so many complex interests and counter-interests are to be protected and adjusted, to the Judge and the advocate are presented problems that require the deepest research and the most trained intellects. As change follows change in modern society, without intermission. It is also evident that the laws and institutions of the past will not answer the requirements of the present. The blue laws of Connecticut would burst from the limbs of the modern Samson like the cords from the hero of old, and the gigantic Afrites that Aladdin saw from his lamp could not be returned to their narrow prison house. The discoveries in the arts and sciences, the invention of now labor-saving contrivances, the enlargement of industrial pursuits, the unprecedented development of commerce, the founding of new communities into cities and States, require that the science of law should advance pari passu, in order to subserve the wants and provide for the necessities of these new conditions. The true lawyer is the man of the hour, and upon his ability and integrity society is largely dependent. One of the profession has wisely said:

"In the American State the great and good lawyer must always be promi-

354 - HISTORY OF WYANDOT COUNTY.

nent, for he is one of the forces which move and control society.. Public confidence has generally been reposed in the legal profession. It has ever been the defender of popular rights, the champion of freedom regulated by law, the firm support of good government. In times of danger, it has stood like a rock and beaten the mad passions of the hour and firmly resisted tumult and faction. No political preferment, no mere place can add to the power or increase the honor which belongs to the pure and educated lawyer. The fame of Mansfield and Marshall and Story can never die. 'Time's iron feet can print no ruin trace' upon their. character. Their learning and luminous expositions of our jurisprudence will always light our pathway. * * * Lord Bacon has said, 'Every man is a debtor to his profession;' and assuredly this is true of every lawyer. It worthy, it gives him an honorable character and high position. The lawyer should prize and honor his profession. He should value its past renown and cherish the memory of great men, whose gigantic shadows walk by us still. He should love it for the intrinsic worth and innate glory of the fundamental truths which adorn it."

The paucity of material at the service of the historian as to those who have exerted so important an influence upon the county's welfare and progress, is indeed a matter of surprise. We, however, present our readers with that which the corroding hand of time has left untouched. The greater portion of the story might, however, be unlocked to him who would patiently study the strata of society, as the geologist studies the stony records of the earth's past history.

Before entering upon the specific portion of our story, we can truthfully premise that the bench and bar of Wyandot County has ever been distinguished, and has ever stood prominently forward in comparison with the profession in the sister counties of the grand commonwealth of Ohio. Wyandot has had names connected with her bar which have adorned the pages of our country's history; names of soldiers who did not shrink from taking up the sword in defense of their country; names that have adorned the halls of Legislation of the State; names that have adorned men not merely of learning and culture, superadded to native ability, but which also have united with these gifts and graces the proud title of honest men, the noblest work of God.

THE BENCH.

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 Cleves 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 appoint. ments made under the articles of confederation being deemed to have expired, the following new Judges were appointed for the Northwest Territory. Samuel Holden Parsons, John Cleves Symmes and William Barton. The

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latter declined to serve and George Turner was appointed to fill the vacancy. Judge Persons soon afterward died, and in March, 1790, Rufus us Putnam was minted to fill the vacancy caused by his death. Putnam resigned in I to enable him to accept the office of Surveyor General, and Joseph Gilman, of Point Harmar, was chosen to fill the vacancy. Judge Turner left the Territory in the spring of 1796, and during his absence resigned his seat on the bench, which was filled by the appointment of Return Jonathan Meigs, in February, 1798. The Judges then in commission continned 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, that 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, hold under the second grade of government, September 16, 1790.

"The ordinance and the compact," says Judge Burnet, " which was the constitution of the Territory, contained but little specific legislation. It prescribed 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 benefits 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 and reverse the de. cisions 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 at such time in each year as the Judges saw proper to designate."

356 - HISTORY OF WYANDOT COUNTY.

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 know from experience all the trials of the times, wrote of them as fol. lows:

"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 asssistance. Occa. sionally 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 ten days in the wilderness, and, at all seasons of the year, were compelled to swim every water-course 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 had 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 shall 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 quorum, shall compose the Court of Common Pleas, which

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court shall have common law and chancery jurisdiction in all such cases as $hall be directed by law; Provided, That nothing herein contained shall be construed to prevent the Legislature from increasing the number of circuits and Presidents after the term of five Tears.

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 maybe pointed out by law.

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 Courts 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 Courts, 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 continuance 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 that which he offer himself. They shall be removable for breach of good behavior at any time by the Judges of the respective court.

SEC. 10. The Supreme Court shall be held 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 in dictments shall conclude against the peace and dignity of the same.

The new constitution of Ohio, adopted June 17, 1851, made various 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 governmentor elsewhere as may be provided by law. The 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 b county lines; and each of said districts, consisting of three or more counties, shall 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 tie provided by law; and more than one court or sitting thereof may be held at the same time in each district.

358 - HISTORY OF WYANDOT COUNTY.

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 Courts 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 held 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 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 Common 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 tile 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 el -cted to each House shall concur therein; but no change, addition or diminution shall vacate the oftice of any Judge.

SEC. 16. There shall be elected in each county, I the electors thereof, one Clerk of the Court of Common Pleas, who shall 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 held therein; but the General Assembly may provide bylaw 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 in may be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law.

Sec. 17. Judges may be removed from office by concurrent resolution of both Houses of the General Assembly, if 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 tile 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

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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.

Sze. 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."

SUPREME COURTS.

From 1845, until the close of June term, 1851, the higher courts held at Upper Sandusky were designated the Supreme Courts of the State of Ohio, and Judges Reuben Wood, Matthew Birchard, Edward Avery, Nathaniel C. Reed, Peter Hitchcock, William B. Caldwell and Rufus P. Spalding, officiated here at various times in the order named. Then, by a change of the organic law-the adoption of the State Constitution of 1851-district courts were established, and the phrase first mentioned (as applied in See. X. Art. 3, of the Constitution of 1802) was abandoned.

DISTRICT COURTS

The first District Court (a special term) held in Wyandot County, convened for the first time at Upper Sandusky, October 5, 1852. There were present Hon. John A. Corwin, Judge of the Supreme Court, and Lawrence W. Hall and John M. Palmer, Judges of the Court of Common Pleas. The district was then denominated the Third Common Pleas District. Subsequent terms of this court have been held at Upper Sandusky, as follows:

1853-August term, Allen G. Thurman, Supreme Judge; Lawrence W. Hall and Benjamin Metcalf, Judges Court of. Common Pleas.

1854-September term, John A. Corwin, Supreme Judge; Lawrence W. Hall and Benjamin Metcalf, Judges Court of Common Pleas.

1855-September term, Lawrence W. Hall, John M. Palmer and Benjamin Metcalf, judges Court of Common Pleas.

1856-September term, Jacob Brinkerhoff, Supreme Judge; Benjamin Metcalf and Lawrence W. Hall, Judges Court of Common Pleas.

1857-September term, A. Sankey Latta, Machias C. Whitely and William Lawrence, Judges Court of Common Pleas.

1858-September term, T. W. Bartley, Chief Justice of the Supreme Court; A. S. Latta and William Lawrence, Judges Court of Common Pleas.

1859-Third Subdivision of Tenth Judicial District, August term, Milton Sutliff, Supreme Judge; Machias C. Whitely, George E. Seney and Josiah S. Plants, Judges Court of Common Pleas.

1860-Same division and district, June term, William Y. Gholson, Supreme Judge; Machias C. Whitely, George E. Seney and Josiah S. Plants, Judges Court of Common Pleas.

1861-Same division and district, June term, Josiah S. Plants, Machias C. Whitely and George E. Seney, Judges Court Common Pleas.

1862-Same division and district, July term, Josiah Scott, Supreme Judge; Machias C. Whitely and Josiah S. Plants, Judges Court of Common Pleas.

1863-Third Judicial District, June term, Josiah S. Plants, Benjamin Metcalf and Machias C. Whitely', Judges Court of Common Pleas.

1864-Same district, August term, Jacob Brinkerhoff, Judge Supreme Court; William Lawrence, A, S. Latta and Machias C. Whitely, Judges Court of Common Pleas.

360 - HISTORY OF WYANDOT COUNTY.

1865-Same district, August term, Jacob Brinkerhoff, Judge Supreme Court; A.. S. Latta and 0. W. Rose, Judges Court of Common Pleas.

1866--Same district, August term, Jacob S. Conklin, A. S. Latta and James McKenzie, Judges Court of Common Pleas.

1867-Same district, August term, Josiah Scott, Judge Supreme Court; Jacob S. Conklin, A. S. Latta, James McKenzie and Chester R. Mott, Judges Court of Common Pleas.

1868-Same district, September term, John Welch, Judge Supreme Court; Jacob S. Conklin, James Pillars and Chester R. Mott, Judges Court of Common Pleas.

1869 -Same district, September term, William White, Judge Supreme Court; Jacob S. Conklin, James Pillars and Chester R. Mott, Judges Court of Common Pleas.

1870-No term.

1871-Third Judicial District, April term, A. S. Latta, James Pillars and Chester R. Mott, Judges Court of Common Pleas.

1872-No term.

1873-Third Judicial District, March terra, James Pillars, A. S. Latta and Abner M. Jackson, Judges Court of Common Pleas.

1874-Same district, April term, James Pillars, A. S. Latta and Abner M. Jackson, Judges Court Common Pleas.

1875-Same district, March term, A. S. Latta, James Pillars and Thomas Beer, Judges Court of Common pleas.

1876-Same district, April term, same Judges as above.

1877-Same district, April term, Thomas Beer, James Pillars and Selwyn N. Owen, Judges Court of Common Pleas.

1878-Same district, March term, same Judges as above.

1879-Same district, March term, Same Judges.

1880-Tenth Judicial District, April term, John McCauley, John L. Porter and Henry H. Dodge, Judges Court of Common Pleas.

1881-Same district, March term, Henry H. Dodge, John McCauley an John L. Porter, Judges Court of Common Pleas.

1882-Same district, March term, Henry H. Dodge, John L. Porter and John McCauley, Judges Court of Common Pleas.

1883-Same district, April term, Thomas Beer, Henry H. Dodge and John McCauley, Judges Court of Common Pleas.

1884-Same district, March term, Thomas Beer, Henry IL Dodge and George F. Pendleton, Judges Court of Common Pleas.

COURT OF COMMON PLEAS.

Judge Ozias Bowens, of Marion, presided over the Common Pleas Courts of Wyandot County from July 1, 1845 (the date the first term of court began), until the close of November, 1851, when, by a change of the organic law of the State, his services as the presiding officer of the circuit, as then formed, were brought to a close. On the 28th of November, 1851, the following proceedings took place at Upper Sandusky at a meeting of the members of the bar of the old Second Judicial Circuit of the State of Ohio:

"This day Moses H. Kirby, Esq., on behalf of the members of the bar, appeared in open court and read the following proceedings of a meeting held by said members, which, on motion, is ordered to be entered upon the journal of the court, to wit:

"At a meeting of the members of the bar of the Second Judicial Circuit of the State of Ohio, in attendance upon the court of Common Pleas

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of the November term 1851, Sitting in Wyandot County. On motion, Moses H. Kirby was chosen Chairman, and R. G. Pennington, Secretary. On motion of C. K. Watson, a committee of five was appointed by the chair to draft and submit to the meeting resolutions expressive of the esteem in *hich the members of the bar of the circuit hold the judicial services and Ammwter of the Hon. Ozias Bowen, Presiding Judge of said circuit, upon his retirement from the bench which he has occupied for the term of fourIeen years, and also an expression toward the services of the associates who with him occupy the bench. C. K. Watson, J. P. Pillars, J. Plants, J. D Bean and R. McKelly were appointed such committee, and who reported to the meeting, and which were unanimously adopted, the following preamble and resolutions:

WHEREAS, By a change of the organic law of this State, the official services and duties of the Hon. Ozias Bowen, as President Judge of this judicial circuit are about to close. Therefore, for the purpose of perpetuating the estimation which his judicial services have justly merited and receive. for a period of fourteen years from the members of the bar of his circuit.

Resolved, That in the discharge of all his official duties, we recognize the character of an able, upright and impartial Judge.

Resolved, That upon a survey of his judicial career, we find nothing to condemn, and in reluctantly parting with him, we indulge the hope that those who succeed him may successfully emulate so fair an example of judicial integrity and ability.

Resolved, That the Hons. Abel Renick, George W. Leith and Hugh Welch, Associate Judges of this county, have conscientiously and faithfully discharged the duties of an honorable office, and will in their retirement bear with them the assurance of the respect and esteem of the community which has enjoyed the benefit of their services.

Resolved, That the proceedings of this meeting be presented to the court with the request that the same be entered upon the journal, and also, that they be published in the several papers in this judicial circuit.

MOSES W. KIRBY, Chairman.

ROBERT G. PENNINGTON, Secretary.

Judge Lawrence W. Hall, the successor of Judge Bowen, began his first term of court in Wyandot County March 15, 1852, and continuing through a fall constitutional term of five years, terminated his labors here as a Judge at the close of November term, 1856. Hon. William Lawrence, of Bellefontaine, hold the next Court of Common Pleas, beginning April 21, 1857. Then came Hon. Machias C. Whitely, of Findlay, who, elected for a term of five years, in October, 1856, presided over the July session, in 1857, and thereafter until the close of April term, 1858. Subsequently, during the remainder of Judge Whitelys' term, Judges George E. Seney (the present member of Congress from this district) and Josiah S. Plants, of Bucyrus, alternately presided over courts held at Upper Sandusky. Judge Plants, however, appears to have performed more work here than either Whitely or Seney, and occupied the bench almost uninterruptedly from the latter part of 1858, until his death in August, 1863, when Judge Whitely again appeared as the presiding officer, and continued until the close of 1864. Then came Hun. Jacob S. Conklin, of Sidney, in May, 1865, Succeeded by Judge Whitely,. who presided for one year, beginning with October term, 1865.

Judge Chester R. Mott, of Upper Sandusky, was elected in October, 1866, and served a term of five years. Meanwhile, during the same term, Judges James McKenzie, James Pillars and E. M. Phelps, also presided at various Courts of Common Pleas held at Upper Sandusky. Judge Mott's successor, Hon. Abner M. Jackson, of Bucyrus, was elected in October, 1871. He served until the summer of 1874, when he resigned and removed to Cleveland, and afterward to Colorado. To fill out his unexpired term, the Governor appointed the present incumbent, Hon. Thomas Beer, also a resident of Bucyrus.

362 - HISTORY OF WYANDOT COUNTY.

Of some of the Judges of the Court of Common Pleas mentioned in the foregoing paragraphs, we append the following biographical sketches.

Hon. Ozias Bowen, who died September 26, 1871, was one of the giants of the Marion County bar. Born July 23, 1805, in Oneida County, N. Y.; not much is known of his early career, but sufficient has been preserved to establish the fact that he was reared amid a community of outspoken, heroic, high-principled people, and these early surroundings gave a permanent basis for his moral character. When a youth of eighteen, he appeared in Ashtabula County, Ohio, where he studied law and was admitted to the bar, and where he also published a weekly newspaper. In 1828, he became a resident of Marion, Ohio, and after engaging in teaching and merchandiz. ing for a brief period, he resumed the practice of his profession, rising to the positions of Prosecuting Attorney, and Judge of the Court of Common Pleas, which last-named position he hold with credit to himself and benefit to the community for fourteen years, his circuit extending at one time as far northward as Lake Erie. A seat on the bench of the Supreme Court of Ohio was also awarded to him. In whatever tended to advance the welfare .of the people, he took a deep interest; education found in him its warm advocate; all churches alike shared his bounty, although the Presbyterian community claimed him as its especial member. The cause of the a slave found in Judge Bowen an ardent advocate, and his associations were ever with the Republican party. He was the friend and coadjutor of such men as Salmon P. Chase, Columbus Delano and the like. His fine residence in the southern part of the town of Marion attested that his labors had met with their due pecuniary reward. In physique, be was five feet and eleven inches in height, while his weight was nearly two hundred pounds, thus attesting that a vigorous body is ever the basis of a vigorous mind.

Judge Bowen's profession and the practice of it made him a prominent and noticeable character, not only in the town and county where he lived, but throughout the State, and to him, as a lawyer, more attention should be given than to any other phase of his character. He was a leading lawyer, eminent and successful, the peer of any with whom he came in contact professionally. He was not a fluent or eloquent speaker, and brought to his aid none of the graces or tricks of voice or action of the trained elocutionist. As an advocate he was reasonable, logical, plain, fair, direct and powerful, and although he could not sway or control a court or jury by bursts of eloquence, yet he had immense influeuce as a shrewd, argumentative reasoner. He was a good judge of men and character, and had what has a ways been the element or secret of success in every department of man's work-a vast amount of good, solid common sense.

In his practice, he was fair, bold, fearless and dignified, always commanding and securing the attention and respect of the court.

He was exceedingly careful in giving advice and counseling in litigation, always desiring to avoid and keep out of bad cases; but when he had determined to go on he entered upon the work of the preparation and trial of his cases with the determination to succeed, and no client could ever charge him with neglect or want of zeal. His many. years of practice and his long experience as a judge made him exceedingly familiar with the law and especially rules of court and of practice. Yet even in his later years, he never went into court, in even the smallest of cases, without a brief, both of facts and of law. With good natural qualifications and long exper. ience, he put no especial dependence in either, but did depend on the results of special preparation and labor in every case. His secret of success

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was indomitable energy and unremitting labor. He kept a commonplace book, in which were noted the results of his investigations, and always any, ready and at hand; he had a brief when an subject came before him a second time. Every trial in which he was engaged found him with a full and especially prepared brief, and every one was tried with a view of taking it to a higher court if he did not secure on the first trial what he ought to have, and his cases will show that even where he was ,beaten below, he was most likely to be successful in the end. He was a bold, hard fighter, and like every strong, uncompromising character, made some enemies, but the profession will always recognize him as one of the strongest men at the bar in Northern Ohio in his day. His thoroughness was remarkable and his attention to details equally so His students will always remember one direction which he gave as to the conduct of trials, viz., "Never omit to make every point in your case, no matter how trifling or small it may seem to you, for although it may look trifling, yet it may be the decisive point in the mind of the court or jury to which you are trying the case." This is notice of Judge Bowen's professional character and career would not be complete if we failed to note one beautiful trait in that character, and that is his uniform kindness and courtesy to the young men of his profession. All who were so fortunate as to practice with him will remember this. No young man ever appealed to him for professional assistance in vain, when he was free and could give it. He gave the benefit of his experience and counsel willingly and joyfully, and always had a kind and encouraging word to those who felt the embarrassment of inexperience. The young lawyers who were about him remember him gratefully. To do the life and professional character of Judge Bowen justice, we cannot, probably, better sum up the whole matter than by saying, "He was a great lawyer." *

Hon. William Lawrence resided at Bellefoutaine, Logan County. He was a well-read lawyer, possessed remarkable industry and energy, and was a satisfactory Judge. Morally, he was religious and without blemish. He was always pleasant and affable. and was popular both with the people and the bar. He was a former resident of Morgan County, this State. At the opening of the court in May, 1861, when the people were excited about the war, he ordered the Sheriff to raise the national flag over the cupola of the court house in Marion, which order the Sheriff refused to obey. The latter was therefore brought into court and fined for contempt. He then hoisted the flag according to the original order. In 1862, Judge Lawrence went to the front as Colonel in command of a regiment of volunteers. While in the service his salary as Judge continued, which he drew and distributed to the school districts throughout his circuit. In the fall of 1864, he was elected to a seat in Congress, and resigned his position upon the bench to enter upon his now round of duties. Near the close of the term of President Hayes he was appointed First Comptroller of the United States Treasury, which position he now occupies.

Hon. Josiah S. Plants, of Bucyrus, was a gentleman of sterling worth and popular with all classes. In August, 1863, while hunting in Indiana, he was accidentally wounded by his own piece from the effects of which he died. He was then serving a second term as Judge of the Common Pleas Court of his district.

Ron. Chester R. Mott, of Upper Sandusky, is mentioned in the article entitled " The Bar" of this volume, also in the history of the town of Upper Sandusky, to which readers are referred.

* From an article prepared by J. F. McNeal, Esq.

364 - HISTORY OF WYANDOT COUNTY.

Ron. Thomas Beer, of Bucyrus, was born in Wayne County, Ohio, September 7, 1832. His literary course of studies was completed at the Vermilion Institute , Hayesville, Ashland County, Ohio, and in 1848 he began teaching school. Having chosen law as a profession, he commenced its study with John C. Tidball, Esq., of Coshocton, in 1851, teaching Bohm meanwhile to defray expenses, and remained with him until 1853. From 1854 to 1858, he served as postmaster at Alliance, Ohio. In the latter year he became editor of the Stark County Democrat at Canton, Ohio, and in 1862, editor of the Crawford County Forum. He was admitted to the bar in 1862, and began to practice at Bucyrus, Ohio. In 1863, he was elected to represent Crawford County in the State Legislature, and was reelected, thus serving through the sessions of 1864-66, 1866-68. He also served as a member of the Constitutional Convention held at Columbus and Cincinnati in 1873-4. On the 15th of August, 1874, he was appointed by the Governor, Judge of the Common Pleas Court for the Fourth Subdivision of the Third Judicial District of Ohio, then comprising the counties of Wood, Hancock, Seneca, Wyandot, Crawford and Marion. In October, 1874, he was elected to fill the unexpired term of Judge Jackson, who had resigned. In 1876, he was re-elected for the full term of five years, and in 1881, was again re-elected to serve until February 9, 1887. As a practitioner Judge Beer was fair and honorable. On the bench he is not rapid in his decisions, but takes time to fortify himself with precedents, which practice leads the people to regard him as a careful, impartial and upright Judge.

Wyandot County is now, with Crawford and Marion, in the Second Subdivision of the Tenth Judicial District of the State.

Prior to the adoption of the State Constitution of 1851, those who, as residents of Wyandot County, sat on the bench as Associate Judges, were Abel Renick, William Brown, George W. Leith, Joseph Chaffee, A. M. Anderson and Hugh Welch, all of whom were Whigs.

THE BAR.

Respecting those who, as resident attorneys, have practiced at the Wyandot County bar during the past forty years, the results of many hours of labor, passed in patient, diligent research, are placed before the reader as follows: It is first explained, however, that the names of those now practicing in the county, are marked by an asterisk, and that more extended sketches concerning many will be found in the biographical notes attached to the history of the town of Upper Sandusky.

Jude Hall, Esq., who is mentioned as the first resident attorney at Upper Sandusky, established an office here for the transaction of legal business as early as the year 1843, and remained some three or four years thereafter. He is remembered and spoken of by the oldest inhabitants as a rather eccentric character, a hard worker in the cause of his clients, a ready debater, and could, when he deemed the occasion fitting, pour forth into the ears of lenient Judges, and wondering, almost awe-stricken jurors, stilted, grandiloquent rhetoric without stint The following amusing reminiscences respecting Mr. Hall have been furnished us by his early cotemporary, John D. Sears, Esq.

"The reminiscent first saw Jude Hall in 1844, during a term of the Common Pleas of Crawford County, where he defended a client, from the western part of the county who had been indicted for perjury in swearing to an answer in chancery. His principal ground of de-

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fense. and which was urged with great vehemence and much iteration, was, that there had been no intentional perjury, but that the unlucky falsehood was "a mere discrepancy of the pen." The defendant was acquitted. At another term of the same court, hold in the same year, our learned advocate was trying an action of trespass for hog-stealing, brought into court by appeal from Crawford Township. Among the adverse witnesses was the pettifogger who had been pitted against Jude before the Justice, and whom, in his argument to the jury, he demolished in the words and figures of speech following: 'Gentlemen of the jury, you may put one foot upon Hercules, and the other upon Jupiter and lay your telescope, astraddle of the sun, and gaze over this wide creation, and you can't find as mean a man as John Smith." At another time. when trying a case in a Justice's court at Bucyrus, he attacked and overwhelmed the opposing counsel, with this pondrous climax: "Why, your honor! He's a mere circumstance, a fabric, a ruts. baga." The writer was present at a trial in the high court of Osceola, then presided over by Bishop Tuttle, when Hall was counsel for the defendant, and Col. afterward, Judge Scott, represented the plaintiff. At the close of the plaintiff's testimony, the usual motion for a non-suit was made and argued, and Jude began his closing speech, in this crushing and magniloquent style: " The gentleman may roar like a salamander, but my positions are adamantine, and must prevail." With these few specimen bricks, we dismiss this erratic genius, whose stay with us was as brief as it was brilliant. We never shall see his like again, nor know we whence be came or whither went. Peace to his metaphors, his climaxes and his allegories."

Hon. Cheater R. Mott* was born in Susquehanna County, Penn., July 15, 1813. Having obtained an excellent common school and academic education, he engaged for a brief period in teaching at Erie, Penn. Subsequently he studied law under the instructions of J. W. Riddle and William Lyon, of Erie, and in 1837 was admitted to practice. He continued at Erie until the spring of 1844, when he removed to the town of Upper Sandusky. He assisted in the organization of Wyandot County, and in the spring of 1845, was elected its first Prosecuting Attorney. He was elected County Auditor in 1849, and re-elected to the same position in 1851. In 1857, he was chosen to represent the counties of Hardin and Wyandot in the State Legislature. He was again elected Prosecuting Attorney of Wyandot in 1865. The following year he was elected Judge of the Court of Common Pleas for the Fourth Subdivision of the Third Judicial District, composed of Crawford, Hancock, Seneca and Wyandot Counties, for the full constitutional term of five years. He has also served as Mayor of the town of Upper Sandusky, and as an efficient member of the Board of Education.

Hon. Moses H. Kirby,* who for many years has enjoyed the distinction of being the oldest member of the Wyandot County bar, was born in Halifax County, Va., May 21, 1798. He graduated from the University of North Carolina in 1820, and returning to Hillsboro, Highland Co., Ohio (to which place his widowed mother had removed from Virginia, in 1815), at once began the study of law under Richard Collins, Esq. Three years later he was admitted to practice, and the same year (1823) was appointed Prosecuting Attorney for Highland County, which office he held for seven years. In 1826, he was elected to represent Highland County in the State Legislature, and being re-elected from time to time served in the same position until 1831, when by a joint ballot of the Senate and House of Representatives, he was elected Secretary of the State for a term of three years.

366 - HISTORY OF WYANDOT COUNTY.

At the expiration of his term as State Secretary be resumed the practice of law at Columbus, Ohio. Subsequently he was elected and served as Prosecuting Attorney for Franklin County, Ohio. In 1842, he was appointed by President Tyler Receiver of the United States Land Office at Lima, Ohio, where he remained until the summer of 1843, when the office was removed to Upper Sandusky. After the expiration of his term of service as Land Receiver, he once more resumed the practice of his profession in the town which has since been his continuous place of residence-Upper Sandusky. He was appointed Prosecuting Attorney of Wyandot County in 1847, to fill a vacancy caused by the resignation of Mr. Mott, and. in an alternate manner, has since served in the same capacity for a period of twenty years. In 1858, he was elected Probate Judge, serving two terms, and in 1879, the people of his district chose him as their Representative in the State Senate. He was re-elected to the same office in 1881, and concluded the term to the entire satisfaction of his constituents.

Hon. John D,. Sears,* a leading member of the Wyandot County bar since the county's organization, was burn in Delaware County, N. Y, February 2, 1821. He became a resident of Crawford County, Ohio, in 1836, and soon after entered the Ohio University at Athens, where his literary studies as a student were completed. Afterward he studied law at Bucyrus, with Hon. Josiah Scott (since Chief Justice), and in 1844 was admitted to the bar. On the 3d of March, 1845, he settled in the town of Upper ban. dusky, then a hamlet of less than a dozen buildings of a] I classes, and has ever since taken an active part in promoting its prosperity, as well as that of the whole county. He has not been an office-seeker, but has given his attention to the practice of his profession, in which he occupies a conspicuous place, being regarded as an able and sound attorney. However, in 1873, he was elected and served as a member of the Third State Constitutional Conven. tion which assembled at Columbus, Ohio. He served on the judiciary and other important committees, and was recognized as one of the ablest and most accomplished members of that body. He has also served as Mayor, and for many years as School Examiner, member of the Board of Education, etc.., of the thriving town which has entirely grown up under his personal observation.

Hon. Robert McKelly* is another whose name stands out conspicuously in the history of Wyandot County. He was born in Lancaster County, Penn., April 8, 1815. He became a resident of Ohio in 1834, and after reading law under Henry B. Curtis, Esq., and Col. John K. Miller, was admitted to the bar in 1842. The same year, he began to practice his profession at Bucyrus, where be remained until the summer of 1845, when he removed to Upper Sandusky, and assumed the duties of Register of the United States Land Office, a position to which he had been appointed by President Polk, and which he hold for three years. He became the first Probate Judge of Wyandot County under the constitution adopted in 1851. In 1857, he was elected to represent the Thirty-first District, composed of Crawford, Seneca and Wyandot Counties, in the State Senate. He also served as Director and President of the Ohio & Indiana Railroad before its consolidation with other lines, under the title of the Pittsburgh, Fort Wayne & Chicago Railroad. He is the present Prosecuting Attorney of this (Wyandot) County.

Capt. Peter A. Tyler was a resident of McCutchenville long before the organization of Wyandot County. About 1852, he removed to Upper Sandusky, where he continued to reside until his death. In April, 1861, he

HISTORY OF WYANDOT COUNTY. - 367

recruited a company of Wyandot County men and joined the Fifteenth. Regiment of Ohio Volunteer Infantry, serving with that command as Captain for a term of three months. Subsequently, he led into the field another company of Wyandot County Volunteers. (See Military Record in this work). Some time after the war he became involved in a personal difficulty at Bucyrus, Ohio, which resulted in his being wounded by a pistol shot, of ,which injury he died soon after at Upper Sandusky.

William K. Wear, who is mentioned as an attorney at Upper Sandusky as early as the spring of 1845, came here from Highland County, Ohio. Possessing neither transcendent abilities nor good looks (he had a stiff neck, carrying his head to one side, and was deaf in one ear), and prone to indulge in transactions not altogether reputable, he did not prove to be a success in this field. After tarrying here for a year or so, he left one day or night in a rather hurried manner, proceeding southerly, and breathing maledictions against John D. Sears, Esq., which are best repeated by the "Judge" himself. Wear was last heard from in California.

Hon. George W. Beery, Sr., President of the Wyandot County Bank, was born in Fairfield County, Ohio, July 22, 1822. In June, 1847, he became a resident of Upper Sandusky, and, with Aaron Lyle as a partner, engaged in the practice of Jaw under the title of Beery & Lyle. This partnership continued for two years, when Col. Lyle started for California, dying en route. Mr. Beery, however, kept on in the practice of his profession until the inauguration of the internal revenue system, during the late, civil war, when he was appointed by President Lincoln Internal Revenue Assessor for the (then) Fifth Congressional District of the State of Ohio. After being relieved from the duties of that office by Andrew Johnson, he organized the Wyandot County Bank, of which flourishing institution he has been President since April 1, 1867, the date of its organization. Mr. Beery has ever been known as a man of great positiveness and strength of character--a most worthy and honorable citizen, and a public spirited, noble-hearted gentleman.

Col. Aaron Lyle, already mentioned as the law partner, for a brief period, of George W. Beery, Esq., also came to Upper Sandusky from Fairfield County, Ohio, in the summer of 1847. Soon after, he was elected Prosecuting Attorney, but be did not continue long in that position. for in April, 1849, accompanied by Col. A. McElvain and Editor William T. Giles, he started overland for the California gold fields. He died en route, and was buried far from the haunts of civilization.

S. R. McBane, an attorney at law, came to Upper Sandusky about the year 1848, but remained only a short time. Of his subsequent career we have derived no information.

Ron. B. P. Smith was for some years a resident at Carey. He was an able attorney, and during his residence in this county served as a member of he State Constitutional Convention of 1850-51. He removed from Carey to Huron County, Ohio.

B. F. Ogle and A. F. Anderson, attorneys at law, also resided at Carey years ago.

Henry Maddux, a native of Somerset County, Md., was born July 7, 1819. He became a resident of Marion County, Ohio, in the spring of 1836. In 1846, he came to Wyandot County. Subsequently he studied law, and at June term, 1851, was admitted to the bar. He was appointed School Examiner in 1853, which position he hold until 1868, when he resigned and removed to Springfield, Ohio. In the spring of 1870, he,

368 - HISTORY OF WYANDOT COUNTY.

returned to Upper Sandusky, and soon after was elected Prosecuting Attorney. Mr. Maddux was quite successful in the accumulation of worldly wealth, and during the last years of hit; life served as a Director of the First National Bank of Upper Sandusky. His death occurred during recent years.

Nelson W. Dennison, known to early residents of Upper Sandusky as an attorney at law, also as the publisher and editor of the Democratic Vindicator for a brief period, removed to Boonesboro, Boone Co., Iowa, in the summer of 1857.

Col. Cyrus Sears, a brother of Hon. John D. Sears, was admitted to the bar in September, 1856. During the late civil war he rendered efficient service as Lieutenant of a battery of light artillery, and as Colonel of a colored regiment. (See his biography, also Chapter 12, of this work). For about three years after the close of the war of the rebellion he practiced law with his brother before mentioned. He is now engaged in various business pursuits in this county, having abandoned the legal profession.

Hon. John Berry was born in the region now embraced by Wyandot County April 28, 1833. After completing his literary studies at the Wesleyan University, Delaware, Ohio, he began the study of law at Upper Sandusky with Hon. Robert McKelly. Subsequently he attended the Cincinnati Law School, graduated therefrom with honor, and was admitted to the bar in April, 1857. He then became identified with the interests of Upper Sandusky and resided here until his death. Although he was a gentleman possessed of much ability and widely esteemed, yet it appears that he preferred the practice of his profession rather than office-holding. However, he served as Mayor of Upper Sandusky, and as Prosecuting Attorney for the county, and in 1872 was elected to represent the Fourteenth Ohio District in the United States House of Representatives, 1873-75.

Hon. Curtis Berry, Jr.,* a brother of Hon. John Berry, was also "to the manor born," a native of the territory now known as Wyandot County. Having completed his literary course of studies at the Ohio Wesleyan University, Delaware, Ohio, he read law at Upper Sandusky under the instructions of his talented brother, and at June term, 1860, of the Wyandot County Court was admitted to the bar. He has since served three terms as Clerk of Courts for Wyandot County. He also represented the 'thirty-first District, consisting of Seneca, Crawford and Wyandot Counties , in the State Senate, during the years 1866-68 and 1868-70. Mr. Berry, low an invalid, resides in the eastern part of the town of Upper Sandusky, on grounds rendered historic, as the place where Col. Crawford's men stopped to quench their thirst, at a spring, on their outward march in June, 1782; as the site of Fort Ferree, war of 1812-15, and set the place where William Walker, of Wyandot Indian memory, resided. He has been known as a firm Democrat, a good attorney, and a forcible speaker.

D. A. Harrison, who was chiefly employed while here as Superintendent of the Public Schools, at Upper Sandusky, now resides in the town of Springfield, Ohio.

Henry A. Hoyt, who was associated with Hon. Robert McKelly for a brief period, is a present resident of the State of Iowa.

George Crawford, Esq., known years ago as a young attorney at Upper Sandusky, also as a gallant soldier during the war of the rebellion, is the present publisher and editor of the Independent, at Marion, Ohio.

George G. White,* Esq., now and for a number of years past known as a resident attorney in active practice, was admitted to the bar in August, 1867.

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Thomas E. Grisell,* Esq., a native of Columbiana County, Ohio, came to Upper Sandusky in 1852. In 1854, he was elected Clerk of Courts of Wyandot County, and served a term of three years. Besides attending to his law practice, he has found time to engage in other business pursuits, which have been conducted in a very successful manner. He is an able lawyer and highly respected as a citizen.

Elza Carter,* a member of the present Wyandot County bar, is a partner of the gentleman above mentioned (Grisell).

Hon. Darius D. Hare,* the present Mayor of the town of Upper Sandusky, was born in Seneca County, Ohio, January 9, 1843. He completed his literary studies at the Wesleyan University, Delaware, Ohio, in 1863. In 1864, he enlisted in the Signal Corps of the United States Army, in which service he continued till the close of hostilities. Subsequently he was detailed, in the same service, as Clerk at the headquarters of Gen. Sheridan at Now Orleans, till discharged by Special Order of the War Department in 1866. He then entered the Law Department of the Michigan University at Ann Arbor, and after a thorough course of studies, was admitted to the bar by the District Court of Wyandot County, in September, 1867. He practiced at Carey for a brief period, but in 1868 located in Upper Sandusky, which has since been his place of residence. He has served as City Solicitor, as Mayor, and as a member of the Board of School Examiners for this county through several terms. Although one of the youngest members of the present bar, Mr. Hare has built up an extensive and lucrative practice, and is known as one of the ablest expounders of the law in Wyandot County.

Allen Smalley,* Esq., was born December 26, 1841, in Ashland County, Ohio. With his father's family he became a resident of Wyandot County in 1854. In the spring of 1862, he enlisted in the Forty-ninth Ohio Infantry, in which command he served nearly one year, or until discharged for disability. After recovering his health, he attended the Ohio Wesleyan University at Delaware, through two terms. In the spring of 1864, he again entered the service of the United States. as a member of the Signal Corps. He was with Commodore Farragut's fleet at Mobile, Ala. After the close of the war he entered the Law Department of the Michigan University, and graduated from that institution in 1868. Soon after, he was admitted to the bar at Olney, Ill., where he practiced until 1870. Subsequently he passed some months in the South. Next he taught school in Posey County, Ind., for five months. Then he returned to Wyandot County. Since 1874, .besides practicing his profession, he has served as Justice of the Peace, and as an active member and officer of the County Agricultural Society.

Hon. Peter B. Beidler,* was born in Berks County, Penn., December 23, 1818. He became a resident of this region in 1842, was elected County Surveyor of Crawford County in 1843, assisted in the organization of Wyandot County in 1845, and after a close contest with Azariah Root, was by order of court awarded the same position in the new county of Wyandot. Since that time he has served as County Surveyor through several terms. Also as Probate Judge for nine consecutive years, and as Mayor of the town of Upper Sandusky. He was admitted to the bar in 1874.

George G. Bowman, Esq., now a successful attorney in the State of Nebraska, was a member of the Wyandot bar some ten years ago.

Adam Kail, Esq., a resident of the county from early boyhood, and who had served as a volunteer during the war of the rebellion, was also an

372 - HISTORY OF WYANDOT COUNTY.

attorney of considerable ability. He died of consumption in Florida in December, 1881.

Hon. Willard D. Tyler, a son of Capt. Peter A. Tyler, now resides in the State of Texas. He served one term as prosecuting attorney for Wyandot County, and represented the same county in the State Legislature during the sessions of 1878-80, and 188042.

William F. Pool,* Esq., was born in Richland County, Ohio, July 23, 1848. Having obtained a good English education, he began teaching at the age of nineteen, and continued in that occupation until 1872, when he began the study of law under the preceptorship of Henry Maddux, Esq., of Upper Sandusky. He was admitted to the bar in 1875, and at once began to practice in the Wyandot County courts. He was for a time associated with George G. Bowman, and subsequently with Adam Kail until the death of the latter.

Judge Joel W. Gibson* was born in that part of Crawford County, Ohio, now known as Wyandot, December 19, 1842. His education was chiefly acquired in the public schools. In 1862. he enlisted in the One Hundred and Twenty-third Ohio Infantry, and with that gallant command participated in numerous actions fought in the Valley of Virginia. He was severely wounded in the right log in the battle of Winchester, June 15, 1863, and fell into the enemy's hands. A few days later, an amputation of the wounded member was successfully performed. He was honorably discharged, and for a few years was engaged in various occupations. He has served as Revenue Collector, Justice of the Peace, and Probate Judge. In 1875, he was admitted to the bar. After retiring from the office of Probate Judge, in February, 1883, he formed a partnership for the practice of law with Hon. Robert McKelly. This firm still continues.

Enoch D. Bare, * Esq., was born in Richland County, Ohio, September 16, 1848. His education was obtained in the public schools, supplemented by a course of studies at the Northwestern Normal School of Ohio. He began teaching at the age of eighteen, and continued that occupation during the major portion of his time until 1874, when he commenced the study of law in the office of Hons. John and Curtis Berry, Jr., of Upper Sandusky. He was admitted to the bar in April, 1876, and at once entered upon the practice of his profession at Upper Sandusky, his present place of residence.

Darius D. Clayton,* Esq., the present Probate Judge of this county, was born in Pitt Township, Wyandot County, Ohio, February 19, 1850. His literary studies were completed in the Wesleyan University at Delaware, Ohio, and the Oberlin College of same State. He graduated from the last. named institution in 1876. In 1877, he began the-study of law under the instruction of Darius D. Hare, Esq., and November 8, 1878, was admitted to the bar at Columbus, Ohio. His term as Probate Judge began February 12,1883.

Robert Carey,* Esq., was born in Ontario, Canada, February 17, 1845. Having completed his studies in the Toronto Provincial Normal School, he early engaged in the occupation of teaching, and continued as' an instructor in Canada and the United States, until 1877 when he began the study of law with D. W. Brooks, Esq., of Detroit, Mich. Subsequently he attended the Law Department of the Michigan (Ann Arbor) University, for one year. Then returning to Upper Sandusky, he still further pursued his law studies, under the instruction of Judge Mott, until May 5, 1880i when be was admitted to practice in the various courts of the State.

Milton B. Smith * and W. T. Dickerson,* attorneys at law, are present

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residents of the town of Carey, where they have been established for a number of years.

James T. Close,* Esq., the youngest member of the present Wyandot County bar, was born in Alexandria City, Va., October 27, 1856. He was educated at Alexandria, Va., Washington, D. C., and Whitestown Seminary, N. Y. In 1874, be began the study of law with Judge Michael Thompson, of Washington, D. C., at the same time attending lectures at the National Law University, and concluding a three years' course in the office of David L. Smoot, of Alexandria, Va. In 1877, he was admitted to practice in the courts of Virginia and the District of Columbia. In 1878, he came to Wyandot County, Ohio, and opened a law office in the town of Nevada. Subsequently he visited the South, and was also employed in the War, Department at Washington, D. C. In September, 1882, he became a resident of Upper Sandusky, and in 1883, was appointed official stenographer of the county of Wyandot for a term of three years.

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