CHAPTER XV. THE COURTS UNDER THE CONSTITUTION Common Pleas Circuits and Districts—Common Pleas Judges—The Circuit Court—The Bar and Judiciary. he constitution of 1802 divided the State into three districts, in each of which there was a President Judge of the Common Pleas, elected by the Legislature for seven years. Three circuits were established by the Legislature, April 16, 1803, and were as follows : First Circuit—Composed of the counties of Hamilton, Butler Montgomery, Greene, Warren and Clermont. Second Circuit—Composed of the counties of Adams, Scioto, Ross, Franklin, Fairfield and Gallia. Third Circuit—Composed of the counties of Washington, Belmont, Jefferson, Columbia and Trumbull. In 1810, four circuits were made, and the second was composed of the counties of Ross, Pickaway, Madison, Fayette, Highland, Clermont, Adams, Scioto and Gallia. The circuit so remained until 1816, when six were created and the second circuit was composed of the counties of Highland, Adams, Scioto, Gallia, Pike and Ross. This law was amended in 1817, and Lawrence added to the second circuit. In 1818, seven circuits were provided for and the second was composed of Highland, Adams, Scioto, Lawrence, Gallia, Jackson, Pike and Ross. In 1819, nine circuits were made. and the second was composed of the counties of Hocking, Pickaway, Fayette, Highland, Adams and Ross. This remained, so far as Adams County was concerned, until 1821, when the second circuit was composed of Hocking, Fayette, Highland, Brown, Adams and Ross, and so remained until 1825, when the seventh circuit was constituted of the counties of Butler, Clermont, Brown, Adams, Highland, Greene and Warren. In 1826, the seventh circuit was composed of Preble, Butler, Adams, Highland, Clinton, Warren and Greene. In 1828, the seventh circuit was composed of Butler, Adams, Highland, Clinton, Warren and Greene. This arrangement continued until 1834 as to Adams County, when the tenth circuit was composed of the counties of Clermont, Brown. Adams, Highland and Fayette. In 1839, thirteen circuits were made, but the tenth remained as before. In 1840, there were fifteen circuits, and the tenth remained as before. This tenth circuit remained composed of the same counties until 1852 when the new constitution took effect. Under that, Adams County was placed in the fifth judicial district. This district and the first subdivision remained the same until April 21, 1896, when Adams 1County was trans- (168) THE COURTS UNDER THE CONSTITUTION - 169 ferred to the second subdivision of the seventh judicial district, composed, as changed, of the counties of Adams, Scioto, Pike, Jackson and Lawrence. Common Pleas Judges in Adams County. Its first judge under the constitution of 1802 was Willis Silliman, of Fairfield County, elected April 15, 1803. He resigned some time in 1804, and Governor Tiffin appointed Levin Belt, of Chillicothe, in his place. On February 7, 1805, the Legislature elected Robert F. Slaughter, of Fairfield County, in Belt's place, and on January 9, 1807, removed him by impeachment. On February 7, 1807, the Legislature elected Levin Belt. On or before February 10, 1810, Levin Belt gave up the office, but whether by death or resignation, does not appear, and on that date, John Thompson, of Ross County, was elected in his place. The next year John 'Thompson was impeached on a lot of ridiculous and foolish charges and was tried and acquitted, and on the eighteenth of January, 1817, was re-elected by the Legislature. In January, 1824, Joshua Collett was elected presiding judge of the second circuit, and served till 1828, when he was succeeded by George Smith. In 1834, John Winston Price waS elected judge of the seventh circuit and served one term. In 1841, Owen J. Fishback, of Clermont, was elected judge of the tenth circuit and served a full term. In 1848, George Collings, of Adams, was elected and served until he resigned in 1851. The Legislature elected Shepherd F. Norris to fill out the term. The president judges under the old constitution received a salary from the formation of the State until 1821 of $750 per annum. From at until 1852, their salary was $1,000 per annum, paid quarterly. Shepherd F. Norris was the first judge of the common pleas court elected by the people, for a term of five years beginning February 9, 1852. He was re-elected in 1857, and served until February 9, 1862, when he was succeeded by Thomas Q. Ashburn who was elected three times and served until March, 1876, when he resigned to take the appointment of one of the Supreme Court Commission. Governor Hayes appointed Thomas M. Lewis, of Batavia, to succeed him, and he served tit the October election, 1876, when Allen T. Cowen was elected to serve out the term ending February 9, 1877, and David Tarbell was elected to take the full term beginning February 9, 1877. In February, February 1882, D. W. C. Loudon, haying been elected the fall previous, took Tarrbell's place. He was re-elected in 1887 and served until February 9, 1892, when he was Succeeded by Henry Collings, who served until February 9, 1897, when the constitutional judgeship of the first sub-divison of the fifth district went to John. Markley, of Brown County. On April 9, 1871 (Vol. 68, page 68), an act was passed to make an additional judge in the three counties of Adams, Brown and Clermont. There was a special election on the third Monday of May, 1871, and David Tarbell was elected. He took the office the third Monday in , 1871, and Served one term of five years. In the fall of 1876 he was nominated for and elected to the constitutional term as already stated. 170 - HISTORY OF ADAMS COUNTY On April 28, 1877 (Vol. 74, page 483), an act was passed renewing the additional judgeship, which the Supreme Court in State v. Brown, 38 0. S., had held was but for the one term, In the fall of 1877 Allen T. Cowen was elected to this office and served for five years from February 9, 1878. On March 26, 1883 (Vol. 8o, page 76), the legislature provided for an additional judge in the three counties to be elected in October, 1883, and take his office October 15, 1883. Under this Allen T. Cowen was elected and served five years. In October, 1888 he was succeeded by Frank Davis, who was re-elected and served 10 years and until Adams County ceased to be a part of the first sub-division of the fifth district. On April 21, 1896 (Vol: 92, page 214), an act was passed which transferred Adams County from the fifth district and placed it in the second subdivision of the seventh judicial district. This act took effect September 1, 1896, and from that date, the common pleas judges of Adams County, were Henry Collings, W. D. James and Noah J. Dever. In the fall of 1896, Henry Collings, was retelected, and John C. Milner elected to succeed Noah. J. Dever. Their terms began February 9, 1897. The term of W. Dow James expired February 9, 1899, and he was succeeded by William H. Middleton, so that at the publication of this work, Henry Collings, Wm. H. Middleton and John C. Milner are the common pleas judges of Adams County. A table of the common pleas judges of Adams County from the foundation of the State to the present time is as follows: 1803 to 1804 Willis Silliman 1804 to 1805 Levin Beltt 1805 to 1807 Robert F. Slaughter 1807 to 1810 Levin BeltI 1810 to 1824 John Thompson 1824 to 1828 Joshua Collett 1829 to 1833 George Smith 1834 to 1841 John Winston Price 1841 to 1848 Owen J. Fishback 1848 to 1851 George Collings 1851 to 1852 Shepherd F. Norris Under the constitution of 1851, fifth district, constitutional judges: 1852 to 1862 Shepherd F. Norris 1862 to 1876 Thomas Q. Ashburn 1876 to Thomas W. Lewis 1876 to 1877 Allen T. Cowen 1877 to 1882 David Tarbell 1882 to 1892 D W. C. Loudon 1892 to 1897 Henry Collings Additional judges fifth district 1871 to 1876 David Tarbell 1878 to 1888 Allen T. Cowen 1888 to 1898 Frank Davis THE COURTS UNDER THE CONSTITUTION - 171 Seventh district since September 1, 1896: 1896-1897 Noah J. Dever1896 1896-1899 W. D. James 1899-1906 W. H. Middleton 1897-1902 Henry Collings 1897-1902John C. Milner Wyliss Silliman was the first presiding common pleas judge to sit in Adams County after the State was organized. He occupied the bench from April 15, 1803, June, 1804. He was born in Stratford, Connecticut, October 8, 1777, and died in Zanesville, Ohio, November 13, 1842. His wife was Dora Webster Cass, daughter of Major Cass, and sister of Gen. William Lewis Cass. He was married to her July 14, 1802. When a young man, he removed to western Virginia, and, in 1800, edited a paper there, and was a strong Federalist in the contest between Jefferson and Adams. The struggle was too much for him, and he moved to Washington County, Ohio. He was a member of the first Legislature of Ohio from Washington County. In that body he was elected presiding judge of the second circuit, composed of Adams, Scioto, Ross, Franklin, Fairt field, and Gallia. It was too humdrum a place for him, and he resigned in 1804, and located at Zanesville; and was the first lawyer there, and in the next year, Silliman, Cass, and Herrick were the only resident lawyers. In 18o5, he was appointed register of the Zanesville land ce, nd held that until 1811. in 1811 he was in the commission to select he State Capital. In 1824 he was a candidate for United States Senator, and received 44 votes, to 58 for General W. H. Harrison, who was elected. In 1825 he was in the State Senate, from Muskingum County, and served one term. In 1826 he was again a candidate for United States Senator, and received 45 otes, to 54 for Benjamin Ruggles, who was elected. He was a member of the House from Muskingum County in 1828 and 1829. From 1832 to 1834 he was solicitor of the Treasury, appointed by President Jackson. He was a great natural orator, but his early education was defective. His legal attainments were not of a high order. He was a great reader, and read everything which came in his way. He was of use no use in a case until it came to be argued. He did not examine witnesses or prepare pleadings, but advocacy was his forte. He was indifferent to his personal appearance, and looked as though his clothes had been pitched on him. He was as sportive and playful as a boy. In 1 riminal cases, in breach of promise or seduction cases, he was uniformly retained, but it was in the great criminal cases where his power as an advocate was demonstrated. He was stout and well formed, above medium height. He had two sons, who came to the bar, Ind he had a son-in-law, C. C. Gilbert, a lawyer in Zanesville. He was one of the distinguished figures of his time. 172 - HISTORY OF ADAMS COUNTY Levin Belt was a practicing lawyer in Chillicothe, under the Territorial Government. He was born in England, but the date of his birth has not been preserved. He was admitted to practice law, and took the oath of office at Washington, Adams County, March 2, 1802.. He was the first prosecuting attorney of Ross County, and was allOWed from $15 to $50 per term for his services. In June, 1804, he was elected presidting judge of the second circuit, in place of Wylliss Silliman, resigned. He served until February, 1805. when Robert F. Slaughter was elected to succeed him. On January 9, 1807, Robert F. Slaughter was removed by impeachment, and Levin, Belt was elected and succeeded him February 7, 1807. He served until February , 1810, when he was succeeded by John Thompson. It is said he was a reasonably good and satisfactory judge of the common pleas, but that he failed as a practitioner at the bar. From the bench he descended to the mayoralty of Chillicothe, and in that office and that of justice of the peace, he served many years. While he was a justice of the peace, there was a statute in force forbidding licensed attorneys to appear before justices of the peace. Soon after this, Mr. Richard Douglas, an attorney of Chillicothe, appeared before him to argue a motion to dismiss a case. Squire Belt said, "Dick, Dick, don't you know the law? You must not appear before me. Get behind me and make your Speech." Douglas complied with his order, and got behind the justice and made his speech. Mr. Belt was tall, broad-shouldered, muscular, without surplus flesh, dark brown hair sprinkled only with gray, and somewhat ruddy of complexion. His presence as a justice in the exercise of his office was awe-inspiring. He removed from Chillicothe to Washington City in 1828, and died there soon after. The first case submitted to him in Muskingum County in 1804 was Samuel Connar, plaintiff, against James Sprague, defendant, in slander. Damages claimed, $500. Verdict for the plaintiff, $300. Robert F. Slaughter was the third presiding judge of Adams County. He was born in Culpepper County, Virginia, in 1770. Of his childhood nothing is known, but, at the age of seventeen, he came to Kentucky and volunteered as an Indian fighter. He went to Chillicothe as early as 1796, at the founding of the city, and studied law. He was admitted to the bar in Chillicothe, Ohio, in 1799, and began practice there. He seemed to have traded and trafficked about considerable in lands, as everyone did at that time, but was a poor manager. In 1800 he purchased a farm about one and one-half miles south of Lancaster, and made his home there until his death. He was a merchant at first, but gave up that business and opened a law office in Chillicothe. In 1802 he was a candidate from his county for the State Constitutional Convention, but was third in the race. He was careless about his obligations, and in 1803 and 1804 he was sued for debts many times. He was elected presiding judge in 1805. He was elected to the State Senate 1803-1805 from Fairfield County, February 7, in place of Wyliss Silliman, resigned. His circuit was THE COURTS UNDER THE CONSTITUTION - 173 very large, and his salary very small. He had the second circuit and had to ride horseback to his appointments. The salary was only $750, and the creeks were without bridges. There were no ferries, and the swimming was risky. The judge would miss his courts, and the Legislature determined to make an object lesson of him. Legislatures are fond of displaying their power, and the one of 1807 was no exception to the rule. January 8, 1807, charges were filed against him in impeachment. 1. He failed to attend the March term, 1805, in Adams County. 2. Failing to attend same term in Scioto County. 3. Failing to attend spring term, 1805, in Gallia County. 4. Failing to attend July term, same year, in Franklin County. 5. Failing to attend fall term, 1805, in Scioto County. 6. Failing to attend fall term, 1805, in Athens County. 7. Failing to attend spring term, 1806, in Highland County. 8. Failing to punctually attend spring term, 1806, in Adams 9. Failing to attend spring term, 1806, in Scioto County. 10. Failing to attend spring term, 1806, in Gallia County. 11. Failing to attend summer term, 1806, in Adams County. 12. Failing to attend summer term, 1806, in Athens County. 13. Failing to attend summer term, 1806, in Gallia County. 14. Failing to punctually attend the fall term of Fairfield County 15. Failing to attend the fall term, 1806, in Franklin County. Abraham Shepherd, as Speaker of the House, signed the articles. On January 9, 1807, Hough and McArthur were appointed a committee to prepare rules to govern the trial. Slaughter appeared in person and asked two or three days to prepare for the trial. He was granted to following Monday to answer. In answer he alleged he was not charged with any misdemeanor and could not, by law, be bound to answer. To the first three charges he pleaded ill health. He denied the fourth, and said he did punctually attend. To the fifth, he said that after attending court in Adams County, he went to Paris, Kentucky, attend to some business, and expected to reach Scioto in time to attend court, but on returning to the Ohio River, at Brook's Ferry, could not cross. That he went two miles below to be ferried, and, being impatient, rode into the corn field after the ferryman, and this unexpected delay, against his will, prevented him from attending the court until the second day, and there being little business to be done, court was adjourned. In answer to the sixth, he said he was well acquainted with the docket, and there was no civil case ready for trial, and not more than one or two being imprisoned in the county for misdemeanors, and the court would be obliged to pardon those rather than expose the weakness of the laws, since their sentence could not be enforced. That he had applied for a tract of land, for which he had the deposit money, and was compelled by law to pay the fourth within forty days or forfeit his application, and was compelled to attend to it. To the seventh, he stated that he had started from Lancaster, his home, but that his horse beame foundered at Pickaway Plains, and his funds and his 'salary were 174 - HISTORY OF ADAMS COUNTY not sufficient to buy another. He finally borrowed a horse to ride to Adams County. He answered the ninth charge that he had only borrowed the horse to ride to Adams County, and could not procure another to go to Scioto County. That he is afflicted with ill health in the spring, and had the pleurisy, and did not attend the Spring term in Gallia for that reason. That the rivers were high, and he would be compelled to swim some creeks and ford others, and his health would not permit it. To the eleventh, he answered that while in Highland County, his horse broke out of pasture, and he could not be found, and he was obliged to return to Chillicothe, supposing his horse had gone that way, but he did not, and he procured a horse of Joseph Kerr, to ride to Scioto County, on conditional purchase, but the horse was not able to carry him on to Gallia County if it were to save him from ruin, and was compelled to trade horses, on which he made the balance of the circuit. He denied the twelfth charge. His answer to the thirteenth was that his farm was advertised to sell, and not having the money to save it, was obliged to raise it, which he did in time to save it. He denied the fourteenth charge. To the fifteenth, he answered that he attended the Franklin term two days, and then obtained the Associates' consent to be absent the remainder of the term. He was compelled to return to New Lancaster before going to Ross County in order to take money to complete the payment for his land before the court in Ross County would convene. He asked for a continuance to the first Monday of December next to secure Joseph Kerr, Doctor Spencer, and George Shoemaker, witnesses. Four only voted in favor of this. Mr. Brush was admitted as counsel for respondent. Henry Brush, Jessup M. Couch, Wm. Creighton, Joseph Foos, James Kilbourn, Wm. Irwin, and Lewis Cass, witnesses for the prosecution.. Respondent read the deposition of Samuel Wilson. Mr. Beecher. was counsel fo the State. The trial began January 26, 1807, and lasted until the twenty-eighth. On the question of his being guilty of neglect of official duty, the yea vote was: Claypool, Corre, Hempstead, Hough, Jewett. McArthur, McFarland, Sargeant, Smith, Wood; and the Speaker, Thomas Kirker. Mr. Schofield alone voted he was not guilty. On January 29, the respondent was called, but made no answer, though three times Solemnly called. The speaker delivered the judgment of the court, that he had been found guilty of neglect of duty and should be removed from office. His removal did not seem to affect his health or spirits, or his standing among the people of Fairfield County, where he resided. He served four years as prosecuting attorney. He was elected to the Senate in 18, from Fairfield, Knox, and Licking. He was elected to the HouSe from Fairfield County in 1817, 1819, and 1821. In 1828 he was elected to the Senate, and re-elected in 1830. While in the Legislature he voted for the School System and the Canal System. He was eccentric and absent-minded, and the story is told of him that once when plowing, it became time for him to go to the Legislature. Leaving the plow in the middle of the field, mounting the horse, with one of his own shoes on and the other off, he rode away. He was of medium height, dressed plainly, and always wore his hair in a THE COURTS UNDER THE CONSTITUTION - 175 quene. He was a Democrat of the old school, a man of great strength of character, a bold speaker, and a natural orator, and in speaking was capable of making deep impressions on his audience. His public record was clear, notwithstanding the Legislature undertook to blacken it. He once said, "The best rule in politics is to wait until the other party declares itself, then take the opposite side." He married a Miss Bond, who was devotedly attached to the Methodist Church, but he was not a member of any church. Their children were William, Terencia, Ann, Fields, and Frances, all deceased, and two surviving, Mrs. Mariah Dennison, of Los Angeles, California, and Thomas S. Slaughter, of Olanthe, Missouri. The judge surrvived until October 24, 1846, when he died at the age of 76 years. He is interred in the country cemetery near his home. In view of the record of the Ohio Legislature in the matter of impeachments under the first Constitution of the State, we do not consider it any reflection on Judge Slaughter that his impeachment was successful and had he lived in our day, his answer to the impeachment articles would have been held good, and any Legislature presenting articles of impeachment against him, such as are given above, would be deemed in the wrong. John Thompson was the presiding common pleas judge of Adams County, from April 9, 1810, to March 29, 1824. He was a resident of Chillicothe, Ross County, Ohio. He located there in 1806 from Chambersburg, Pennsylvania. He was elected presiding judge in 1810, re-elected in 1817, and served until 1824. His circuit was composed of Fraklin, Madison, Fayette, Highland, Adams, Scioto, Gallia and Ross. He was a member of the Presbyterian Church and an elder in it. He was also a total abstainer from alcoholic drinks. He was an acute lawyer, but narrow minded, firm to stubbornness, of considerable reading and of much readiness in the application of learning, much influenced by his likes and dislikes. In 1812, he was impeached by the House and tried by the Senate. The following were the charges exhibited against him: First. Because he allowed the attorneys but ten minutes to a side in the larceny case in Highland County and when they objected, said that if they did not take it, he would allow them hut five minutes to a side. Second. Because he refused to allow an attorney to testify for his client in a case of usurpation in office, the attorney having offered to testify.  Third. Because he ordered certain court constables to knock down certain bystanders with their staves and gave no reason therefor. Fourth. Because he allowed a bill of exceptions contrary to the facts. Fifth. Because he declared in an assault and battery case that the attorneys had no right to argue the facts to a jury except with the permission of the Court, and then when overruled by his associates, impatiently told the jury to go on. Sixth. Because in a larceny case when the jury came tack into court and wanted to re-examine the witnesses he refused them and Sent 176 - HISTORY OF ADAMS COUNTY them back telling them the case was too trifling to take up the time of the Court. Seventh. Because he ordered a jury to be sworn in a robbery case, after they had all stood up and said they had made up their minds, and they found the defendant guilty without leaving the box. Eighth. Because he said publicly the people were their own worst enemies; that they were cursed brutes and worse than brutes. Ninth. Because at Hillsboro, he had refused to sign a bill of exceptions and had refused to let an appeal be docketed. Tenth. Because at a trial at Gallipolis, he had unjustly and arbittrarily allowed an attorney but twenty-five minutes for an argument to the jury, and then when the limit of time was reached, ordered him to sit down saying the jury would do justice in the case. Eleventh. Because at Gallipolis, he ordered the prosecuting attorney not to let any testimony go befog e the grand jury until he knew what it was. Twelfth. Because he said to the grand jury at Circleville that our government was the most corrupt and perfidious in the world and the people were their own enemies. That they were devils in men's clothing. The trial on these charges took nine days and witnesses were brought from each county where the transaction occurred. Henry Baldwin and Wylliss Silliman were attorneys for the State and Lewis Cass, John McLean and Samuel Herrick, for the defense. He was acquitted on all of the charges by a large majority and was re-elected by the Legislature in 1817. In 1821 and 1823, billious fevers prevailed at Chillicothe and many cases were fatal. Many thought the disease was yellow fever. Judge Thompson had a large family and became quite fearful of the disease attacking them. Thompson took up the theory that ammonia destroyed the germs of this fever. Therefore, he seriously proposed moving his whole family to and living in a tavern stable, among the horses, during the sickly season. Vigorous protests from Mrs. Thompson resulted in a compromise, by which the family remained in the mansion, but were required to spend an hour each morning on the manure pile, to inhale the fumes which arose from it. Soon after removing from the bench, Judge Thompson removed to Louisiana, where he purchased a plantation and some negroes. There he died in 1833. near Fort Adams, just over the line in Mississippi. Joshua Collett was the presiding common pleas judge in Adams County, Ohio, from March 24, 1824, to March 16. 1829. He was born in Berkley County, Virginia, November 20, 1781. 11 obtained a good Fnglish education and studied law at Martinsburg, Virginia. At the age of twenty-one, he removed to the Northwest Territory. He stopped at Cincinnati where he remained a year. June, 18o3, he removed to Lebanon, Ohio. He was modest, diffident and unassuming, so much so that many predicted he would not succeed as a lawyer. He traveled in Hamilton, Butler, Warren, Clermont, Montgomery; Miami, Greene and Champaign counties and practiced law in each of them. His knowledge of the law and sound judgment made him a suc- THE COURTS UNDER THE CONSTITUTION - 177 cessful practitioner. In 1807, he was appointed prosecuting attorney in the judicial circuit in which he resided, and held the office for ten years, when he was succeeded by his pupil, Thomas Corwin. The diligence, integrity and ability with which he discharged his office made him widely known and universally respected. In 1817, he was elected presiding judge of the common pleas and served for seven years and was re-elected. In 1824, Adams County was placed in his district and so continued until he resigned in March, 1829, to accept an election to the office of Supreme Judge. He served one term until April, 1836, and then retired to a farm near Lebanon, where he resided until his death. In 1836 and in 1840, he was on the Whig electoral ticket and voted each time for General Harrison. He was for seventeen years a member of the Board of Trustees of Miami University and in that time manifested a great interest in the welfare of that institution. In 1808, he was married to Eliza Van Horne. William R. Collett was his only son and child. Judge Collett was a member of the Baptist Church. He was benevolent and kind hearted. His integrity was the crowning glory of his life. He died August 25, 1855, and is interred at Lebanon, Ohio. George J. Smith. was president common pleas judge for Adams County, March 16, 1829, to March 17, 1834. He was born near Newton, Hamilton County, May 22, 1799. His father came from Powhatan County, Virginia, in 1798, and died in 1800, leaving his mother a widow with nine children of which he was the youngest. He qualified himself as a school teacher and followed that vocation. In April, 1818, he began the study of law under Thomas Corwin, and was admitted to the bar June 20, 1820. He began to practice at Lebanon where he always resided. On April 9, 1822, he was married to Miss Hannah W. Freeman, widow of Thomas Freeman, at one time a member of the Lebanon bar. She died March 25 1866. In 1825, he was elected to the Legislature from Warren County and re-elected in 1826 and 1827. In 1827, he was defeated for the Legislature by Col. John Biggers, who sat in that body longer than any other person since the organization of the State, twenty-two years, and Smith was defeated by a scratch. In 1829, he was elected presiding judge to succeed Joshua Collett. This honor was unsought and unexpected by him. He served seven years, though Adams and Highland were detached from his circuit after he had served five years. He was always a Whig and was defeated for re-election by one vote. All the senators and representatives from his judicial circuit, irrespective of party, voted him. In 1836, he was elected State Senator and 1837, he was re-elected in 1838. In he was elected Speaker of the Senate. In 185o, he was elected to the Constitutional Convention, and served in that body on the judiciary committee. He was, however, opposed to the Constitution and voted against its adoption. In 1850, his son, James M. Smith, who is now one of the circuit judges in the first circuit and has been since 1884, became 178 - HISTORY OF ADAMS COUNTY his partner in the law practice. In 1858, he was elected a common pleas judge and re-elected in 1863. He retired at the close of his second term in 1869. He died in April, 1878. John Winston Price. was born in Hanover County, Virginia, in 1804. He was prepared for college by a Rev. Blair. At seventeen years, he entered William and Mary College and graduated with honors four years after. He studied law in Richmond, Virginia, under the tuition of John Marshall, Chief Justice of the United States, and was admitted to the bar in that city. He came to Ohio in 1827 and located in Columbus for the practice of the law.  In 1830, he married the eldest daughter of Judge John A. McDowell, of Columbus. In 1831, he located in Hillsboro and practiced law with the late Gen. Richard Collins until 1834, when he became president judge of the common pleas district composed of Adams, Brown, Clermont, Highland and Fayette. having been elected the winter previous. His work was laborious and arduous, but he was an honest and faithful judge. He retired from the bench in 1841 and gave up the practice of the law. He was a careful and prudent man in business and accumulated a handsome fortune. He died March 4, 1865. Owen T. Fishhook. was born in Fauquier County, Virginia, in the year 1791. His father was John Fishback who emigrated to Bracken County and settled on the north fork of the Licking River, not far from Augusta. While riding one of his father's horses, it became unmanageable and threw him off. The result was the compound fracture of the thigh bone, which healed, stiffening the knee joint and shortening the leg. This unfitted him for farm work and he took a position as writing clerk in the office of Gen. Payne, clerk of Bracken County. By the advice of Martin Marshall, he studied law and was admitted to the bar of Kentucky in about 1810. He then removed to the town of Williamsburg, which was at that time the county seat of Clermont County, Ohio. Here he met and married Caroline Huber. a daughter of Jacob and Phoebe Huber. He was then elected to the Senate of Ohio, serving one term and was instrumental in procuring the passage of a law transferring the county seat from Williamsburg to Batavia, and he moved there and remained until his death in 1865. He was always an uncompromising Whig, and was very much chagrined at the defeat of Clay in 1844. He was the contemporary and personal friend of Senator Thomas Morris, Gen. Thomas L. Hamer, Thomas Corwin, and practiced law in the circuit composed of Adams, Brown, Fayette, Highland and Clermont counties, In 1841, he was appointed judge of that circuit by the Legislature of Ohio and served seven years. At that time, the judges of the common pleas court, over which he presided. had the power to grant or refuse licenses for the retail of intoxicating liquors. Fe absolutely refused to grant a license during the seven years he was presiding judge, and for this he was severely criticized by the keepers of the leading hotels, where he was compelled to stop while attending court. Things were made so THE COURTS UNDER THE CONSTITUTION - 179 unpleasant for him that he was compelled to board at the houses of private citizens. At the expiration of his term of office in 1848, he was succeeded on the bench by George W. Collings, of Adams County. He resumed the practice of law and in all was fifty years at the bar. He reared a family of nine children. The eldest daughter married Col. John W. Lowe, who was killed at Carnifax Ferry, while commanding the twelfth Ohio Volunteers in the Brigade of Gen. Wilford B. Hager. The daughter Mary was the wife of Judge Phillip B. Swing, who was the United States District Judge for the southern district of Ohio, having been appointed to that office by Gen. Grant. His son, George W. Fishback, was editor and proprietor of the St. Louis Democrat for twenty years, John Fishback was, at one time, owner of the Indianapolis Sentinel. His son, William P. Fishhack, was his father's partner in Ohio until 1857, when he removed to Indianapolis, where he now resides. For some years, he was the partner of Gov. Porter and Gen. Harrison, and since 1877, has been master in. chancery in the United States circuit court for the district of Indiana. His youngest son, Owen T. Fishback, died from a disease contracted in the volunteer service during the Civil War. Judge Fishback was one of the ablest lawyers of his time and coped successfully with such antagonists as Gen. Hamer, Sr., Thomas Morris, Hanson L. Penn, and David G. Devore. He was a model judge and fine advocate and his addresses to court were always characterized by great earnestness. He was especially strong in cross examining an adversary witness. He loved his profession, worked diligently, reared a large family and died poor. George Collings. James Collings. a native of Annapolis, Maryland, was of Welsh extraction, as was his wife, Christiana Davis, of Cecil County, whom he married February 20. 1780. They began housekeeping in Maryland, where they lived many years, and were the parents of a large family some of the children dying in childhood. They were members of the Episcopal Church. Christian Davis belonged to the family of Henry Winter Davis and David Davis, of Illinois, these being brothers' sons. Their grandfather was Naylor Davis. "Naylor" runs through the family as a baptismal name. About the close of the century the Collingses, determining to emigrate in company with several other families, started for their proposed destination, Limestone (now Maysville, Ky.). When near Manchester. Ohio, a child of the party dying, they stopped to bury it, and James Collings and family choosing to stay north of the river, by accident became Ohioans. Mr. Collings bought of Nathaniel Massie 400 acres of land one mile south of West Union, his heirs adding too acres to the purchase. He died at the early age of forty-eight years. His widow is said to have been a person of remarkable energy and great force of character, managing her affairs with ability. As the years passed, several of the sons and a daughter married and established homes of their own ; Elijah living in Adams County, William removing to Pike County, where he was afterward elected to 180 - HISTORY OF ADAMS COUNTY the Legislature ; James emigrating to Vermilion County, Ind., and Nancy marrying Mr. James Cole and residing in Adams County. The family circle was thus narrowed to the widow, two unmarried daughters, one of whom is remembered as a woman of commanding intellect, and two sons, the elder, John, a promising young man, was taken off suddenly by a fever. George Collings, the youngest son of James and Christian Collings, was born near West Union, Adams County, Ohio, February 29, 1800. He was a boy whose mind was early awakened to the delights of learning. His educational opportunities being only such as the county afforded, he was largely self-taught. He showed an unconquerable termination to make a place for himself, and his incessant study of books, as well as of men and events, then begun, lasted throughout life. He new Latin, read and spoke German (among his books is the German New Testament, which he often read in his last long illness, became a practical surveyor (his surveying instruments are still in his secretary), and applied himself closely to other branches of mathematics, including astronomy. With his mathematical and legal studies, he developed a talent for practical affairs. His business ventures were numerous. As a young man, he was part owner of a general store at West Union. Later, with Mr. Allaniah Cole, he was interested in a furnace in Eastern Kentucky ; was a member of a queensware firm in Maysville, Ky.; a stockholder in an iron company in Cincinnati; a depositor for years in the LaFayette Bank, in the same city ; was a shareholder in the Maysville and Zanesville Turnpike Company. Besides several small tracts of land in Adams County, Mr. Collings had a farm of 400 acres on the Ohio River, lots in the town of Manchester, a farm of 342 acres in Highland County, real estate in Hillsborough, Cincinnati, Covington, Ky., Maysville, Ky., a tract of I,000 acres in Iroquois County, Illinois, and lots in Middleport, same county. He erected three substantial houses—one in West Union, one seven miles east of Manchester, and one in Manchester. Mr. Collings studied law in West Union, probably with Daniel P. Wilkins. He was admitted to practice at that place May 25, 1824. He afterward was appointed prosecuting attorney, and was elected to the Legislature of his native county. In later years he was elected to the Legislature from Highland County. About 1835 he became a resident of the latter county, living at Hillsboro several years and practicing his profession. At this time of his life, Mr. Collings was a marked social figure. In person he was five feet nine inches in height, very spare, with delicate feet and hands, very dark hair, gray eyes, and a pale complexion. These advantages, with a high-bred manner, exquisitely neat attire, and large reserve of keen, quiet humor, made him the center of a company. He was extremely fond of music, singing by note, and when a young man, playing the flute. From native gifts and systematic cultivation, Mr. Collings possessed a style of writing, strong and clear, there being no superfluous words in his manuscripts. The mechanical part was beautifully done. In looking over scores of papers signed by him, one does not meet a blot, an erasure, an error in spelling or in grammar, a false capital, or anything to mar the production. THE COURTS UNDER THE CONSTITUTION - 181 Mr. Collings was a charming letter writer. His keen insight, delicate humor, and wide information, having here scope, made his letters delightful. "The few chance letters remaining of his large correspondence are full of quaint and superior touches. When young, addressing a friend from New Orleans, he is shocked at the general wickedness of the city by the slaves working on Sunday, etc., and opens by saying, "there are doubts resting on my mind concerning two points : First, could three righteous men save such a city? Second, could three righteous men be found in this city?" and proceeds to describe the February sunshine flooding the southern city, while it was bleak when he had left the north a short time before. Among his effects are autograph letters from those who were or subsequently became men of influence, as Philip B. Swing, Durbin Ward, W. H. Wordsworth, John A. Smith, Richard Collins, Nelson Barrere, Allen G. Thurman, J. H. Thompson, the Trimbles, and others. In January, 1848, Mr. Collings was elected by the Legislature judge of the tenth judicial circuit, which included the counties of Highland, Adams, Brown. Clermont, and Fayette, and remained in office until June 30, 1851, when his resignation was accepted. He resigned his office on account of domestic misfortunes. He was a member of the convention to revise the State Constitution in 1851. Some time before this, owing to the continued ill health of his family, he had taken a resolution to remove to his Ohio River farm, which he did in 1852. He united with the Methodist Episcopal Church about this time, and built a chapel within a mile of his home, which the church gave him the privilege of naming. He called it "Collins Chapel" for the Rev. John Collins, .a celebrated pioneer preacher and circuit rider of the Methodist Episcopal Church, and the father of his dear friend, Col. Richard Collins and Mrs. Nathaniel Massie, the latter of whom lived many years in Adams County, and whom Judge Collings visited once a year as long as his health permitted. The people of the community where he lived, not distinguishing .between the names of "Collings" and "Collins," thought that the judge had named the chapel for himself, which always amused him and caused him many a quiet smile. He was a lay delegate to the general conference of his church in 1856, sitting in Indianapolis. In 1857, at a quarterly conference, held at West Union he was granted a license to preach, the little certificate setting forth that "George Collings is hereby authorized to exercise his gifts as a local preacher, in the Methodist Episcopal Church, as long as his faith and practice accord with the doctrines and discipline of said church.” It was renewed statedly as long as he was able to speak in public. Judge Collings was helpful in his community, bearing the perplexities of the working people, and giving them aid and material advice during the week, and being, for the most part, their spiritual director on Sunday. He brought the same careful oversight to his farming operations that had characterized his every undertaking. His commonplace books are full of notes as to the planting of fields, fence building, wood chopping, harvesting, etc., with exact figures as to dates and the payment of the "hands." He was a great lover of trees, and wherever living a tireless planter of them. He had caused to be planted a large 182 - HISTORY OF ADAMS COUNTY orchard of mixed fruits at his Ohio River home. He became a scientific gardener—his manual on gardening being yet in his library--and his vegetables and small fruits had a neighborhood fame. In this ideal retreat, Judge Collings was often appealed to to take charge of lawsuits in his own and neighboring counties. These offers he declined without exception, but to the last, gave private advice to friends and acquaintances, who visited him for the purpose. After several years of tranquil rural life, seeing himself surrounded with a family of small children, William, Mary, Harry, Davis, Jane (his son James had died in West Union), Judge Collings realized that he must either have private teachers for their instruction or make his home near public schools. In 1861 he began the erection of a dwelling at Manchester (still occupied by his youngest son and daughter), and during the few months of life remaining to him, planned for the comfort of his stricken family in a new situation. He died at his country place January 5, 1862. His remains rest in the family burial ground near where he was born. His career had been full of care, effort, and notable events. Shepherd F. Norris as born April 8, 1814, at Epping, Rockingham County, New Hampshire, but removed when a young man to West Union, Ohio, where he read law. He was admitted to the bar at Georgetown, and practiced in Adams County, where he was elected prosecuting attorney in October, 1839. He served until March, 1843, when he removed to Batavia, and Joseph McCormick was appointed in his place. He was a member of the Legislature from Clermont County in 1847 and 1.848. In 1851 he was appointed presiding judge of the court of common pleas of Adams County, Brown and Clermont, under the old Constitution, and served until the new Constitution took effect. He was elected common pleas judge in the three counties in the fall of 1851, and again in 1856, and served two full terms. He was a member of the Constitutional Convention of 1851, from Clermont County. He was a candidate for Supreme Judge on the Democratic ticket in 1854, but was defeated. The vote stood, 186,498 for Joseph R. Swan, and 109,025 for Shepherd F. Norris. The writer of this sketch, Mr. Evans, remembers when he sat upon the bench as common pleas judge in Adams County. He wore a very full and long brown beard, and was a snuff taker. He was constantly taking snuff while sitting on the bench, and his beard was full of it. He was considered a very good and fair judge by everybody but Judge Owen T. Fishback, of Clermont County, who maintained a contrary opinion, perhaps growing out of some personal matter. However, he was kindly remembered by the people of his own county and the lawyers of his subdivision. He died August 23, 1862. He was a Democrat in politics. Thomas Q. Ashburn. was common pleas judge of Adams, Brown, and Clermont County from 1861 to 1876, fifteen years. He resigned in February, 1876, accept an appointment on the Supreme Court commission, to which he was appointed by Governor Hayes. He served on this until 1879. His THE COURTS UNDER THE CONSTITUTION - 183 father was a native of Lancashire, England, though his son was born at Walnut Hills, near Cincinnati, February 9, 1820. When a boy, his father removed to New Richmond, in Clermont County, where he was reared. In 1838 he entered as a student of Miami University, and afterward spent several years at Jefferson College, Pennsylvania. After his college course, he returned to Clermont County and taught school. He studied law with Shields and Howard, and was admitted to the bar April 1, 1843. He practiced at New Richmond until 1846, when he removed to Batavia. He was prosecuting attorney of Clermont County from 1848 to 1852. He was a candidate for Supreme Judge of Ohio in 1875 on the Democratic ticket, and was defeated by a small majority. He was married December 3, 1846, to Sarah W. Penn. She died November 10, 1854, leaving four children, two of whom are Dr. A. W. Ashburn, of Batavia, and Anna, now the wife of William R. Walker, the well known attorney. He was remarried on May 27, 1856, to Miss Mary Ellen Griffith, a first cousin of Gen. U. S. Grant. By this wife he had two children, Albert I. and Mamie. In February, 1879, he retired from the Supreme Court commission and entered into partnership with George W. Hulick, of Batavia, with whom he continued until his death. His opinions while on the Supreme Court commission are found in Volumes 27, 28, 29, 30, 31, 32, and 33 of the Ohio State Reports. He was not a member of any church, but his views accorded with those of the Methodist Episcopal Church. As a judge, he was careful and painstaking. The controlling idea of his life was duty—what is it? He was true to every obligation. He was elected to the State Senate from the fourth district in November 1889, on the Democratic ticket. At the time of the election of Calvin S. Brice to the United States Senate, he was very sick at the in Columbus, and had to be carried into the legislative hall to cast his American Hotel in Columbus, and had to be carried into the legislative hall to cast his vote for Mr. Brice, and he died within a few days afterward, on the seventeenth of January, 1890. Thomas M. Lewis was common pleas judge in Adams, Brown, and Clermont Counties from February, 1876, to October, 1876. He was admitted to the bar April 2, 1842. He was appointed judge by Governor Hayes, to serve to the next election. From 1846 to 1851 he was deputy county clerk of Clermont County. He was a captain in the 59th Ohio Volunteer Infantry. He was a bachelor, and boarded at the Hamilton Hotel at Batavia, Ohio, for over thirty-five years. David Tarbell, was born at Ripley, Ohio, December 3, 1836. His father was a seafaring man, a native of Massachusetts. After following the sea many years, he became an Indian trader and later located at Ripley. He was a Whig. He accumulated considerable property. He died in 1852. He married Martha Stevenson, of Adams County. David Tarbell was reared at Ripley and attended the 184 - HISTORY OF ADAMS COUNTY Ohio Wesleyan University at Delaware, Ohio. He read law with Chambers Baird, of Ripley, and was admitted October 4, 1858. In April, 1858, he was elected a justice of the peace of Union township. In 1861, he was appointed assistant prosecuting attorney. In 1864, he as elected probate judge of Brown County to fill a vacancy. In 1866, he was re-elected for a full term. In 1871, he was elected an additional judge and re-elected in 1876. His rulings on points of law were seldom reversed. He was married June 1, 1861, to Nancy Sallee and has five children. He is a member of the Methodist Episcopal Church, and a Democrat in politics. De Witt Clinton Loudon, was born at Georgetown, Ohio, May 29, 1827, son of Gen. James Loudon. He graduated at the Ohio University in 185o. In 1846, he was in the Mexican War, in the first Ohio Regiment, and was quartermaster sergeant. In 1832, he conducted the Democratic Union newspaper in Georgetown for two years. He studied law with Lot Smith, of Athens, and David G. Devore, of Georgetown, and was admitted to practice in November, 1851. In October 3, 1861, he went into the 10th 0. V. I. as lieutenant colonel. He was promoted to colonel, April 26, 1864, and resigned August 9, 1864. In 1857, he was elected probate judge of Brown County, Ohio, to fill a vacancy and resigned November, 1858. In 1881, he was elected common pleas judge of Brown, Adams and Clermont counties. He was re-elected in 1886. From 1861 to 1872, he acted with the Republicans. Previous to the war he was a Democrat. He again acted with the Democratic party in 1896 until his death, making speeches in the Bryan campaign. In 1852, he was married to Hannah W. Bowles and had five children. He was a Presbyterian. He was an excellent lawyer. He died suddenly about one year since. Henry Collings, the son of the Hon. George Collings and Harriet Conner, his wife, was born on his father's farm in Monroe Township, March 15, 1853. He attended school in Manchester and the Ohio Wesleyan University at Delaware in 1869, 1870 and 1871; when he gave up his course. Had be remained, he would have graduated in the class of 1873. He took up tilt study of law in the fall of 1872, with Col. Oscar F. Moore, of Portsmouth, and waS admitted in April, 1874. He began the practice of law in Manchester, where he has since continued to reside. He was elected prosecuting attorney of Adams County, and served one term. In the fall of 1891, he was a candidate for common pleas judge in the first subdivision of the fifth common pleas district, composed of Adams; Brown and Clermont counties, and while there was a nominal majority of 1500 against him, he was elected by a majority of about 500. He had 800 majority in Adams County. in his career as a judge in his first term he made such a reputation for judicial ability that his friends determined his service should not be lost to the public. In order that he ight be THE COURTS UNDER THE CONSTITUTION - 185 retained, his county, was by the Legislature, taken from the first subdivision of the fifth district and placed in the second subdivision of the seventh district, and in the latter he was nominated and elected common judge in 1896, and is now occupying that position. Judge Collings has always been a Republican in his political faith and practice, and is a member of the Presbyterian Church. He was married September 20, 1882, to Miss Alice Gibson, daughter Rev.— Gibson. There are two children of this marriage, Henry Davis and Mary King. Judge Collings had a reputation as an able lawyer before he went on the bench and has more than sustained it. He is well trained as a lawyer, has a clear judicial mind and in his investigations groups all the essential points of a case and when he has determined it, the opposing party is satisfied that he has determined it partially and according to his conception of the law. In addition to his excellent Qualities as a judge he has a fine sense humor, which is continually asserting itself and makes his intercourse with the lawyers and his best friends have a spice which is most entertaining and delightful, but as he inherited this most entertaining quality from his distinguished father, we do not propose to hold him responsible for it. Enjoying the confidence and respect of all the people whom he serves, we hope he may not be gathered to his fathers till he has enjoyed the good things of this world as long as his venerable neighbor and friend, David Dunbar. Frank Davis, of Batavia, Ohio, was born in New Richmond, Ohio, October 21, 1846. His father was Hon. Michael H. Davis, who was State Senator for a number of years and was one of the most prominent Democrats in southern Ohio. His mother's maiden name was Mary F. Walker. She lived to be a very old lady, remarkable for the vigor of her mind, her gentleness and kindness and the extraordinary number of people, who, though they were in no way related to her, yet loved her as a mother. Judge Davis was educated in the public schools and attended Miami University for a short time, but was compelled to leave before he finished his course on account of ill health. He afterward attended Clermont County Academy. He studied law and graduated from the Cincinnati Law School in April, 1867. Several months before he was of age, he was admitted to the bar at New Richmond. In July, 1868, he formed a partnership with Hon. Perry J. Nichols; which continued until 1879. In 1875, he was elected prosecuting attorney of Clermont County. He filled this office for two terms, making a record that has never been surpassed in this office. He finished his second term in 1879, and in this year, his partnership with Judge Nichols also terminated, Judge Nichols going to Batavia to fill the office of probate judge and Judge Davis remaining in New Richmond and continuing his practice there until 1888 when he was elected judge of the court of common pleas, taking his office on October 14, 1888. He served in this office ten years. When he ran for the second term, there was no one nominated against him on the other ticket. His term. as judge was filled with honor to himself, and to the position, he added both honor and dignity. He is regarded as one of the best judges that Clermont County has ever produced. After the expiration of his second term, he retired to resume the practice 186 - HISTORY OF ADAMS COUNTY of law in Batavia, forming a partnership with John R. Woodlief, of Batavia. In 1872, Judge Davis was married to Flizabeth Short, of New Richmond, Ohio. He has two children, a daughter Agnes, who is the wife of Lieut. P. M. Ashburn, of the United States Army, and Frank Davis, Jr., who is at present studying law. In politics, Judge Davis has been a lifelong Democrat and has always been one of the mainstays of his party in Clermont County. He has always been prominent in religious matters, being a staunch Presbyterian, and taking always an active part in all the affairs of the church. He belongs to the Masonic order, being a thirty-third degree Mason. He is president of the First National Bank, of New Richmond, Ohio; vice president of the J. & H. Clasgens Company, and vice president of the Fridman Lumber Company, of the same town. One of his friends says of him : "He is certainly one of our best business men. He has always been broad-minded and liberal. He is a close thinker and has sometimes been thought critical to a certain degree, but his criticisms are only made and intended for the improvement of his fellow men. He well knows the correct standard of true manhood and measures his acquaintances thereby. His walk through life from early manhood has been most commendable and exemplary, a golden mark for others to follow. His attainments in law and literature are admired by all who know him. He applies himself closely to law and to business, but his interest in his fellowmen, is not in the least lessened by these pursuits. He has always fostered and encouraged improvements and is among the first to give the people anything that may add to their comfort and happiness. As a lawyer, he is well known throughout southern Ohio as clear-minded, able and honest and has had but few if any, superiors as a common pleas judge. Noah J. Dever was born August 17, 1850, in Madison Township, Scioto County, Ohio. His father is William Dever, and his mother's maiden name was Louisa McDowell. He is the only son of his parents and the first born, but has eight sisters. His maternal great-grandfather, John Bennett, was a soldier in the war of 1812. His father was and is a farmer, and he was reared on his father's farm, until the age of fifteen years, when he attended the Jackson High School. In 1867, he began teaching in the common schools, and taught and attended school at Lebanon alternately until 1871. In that year he took a commercial course in the Iron City Commercial College at Pittsburg, Pennsylvania. In October, 1871, he began the study of law in the office of Messrs. Harper and Searl, in Portsmouth, and read law under their instructions until Judge Harper assumed the duties of common pleas judge in February, 1872, and then with Judge Searl until October, 1872, when he attended thee Cincinnati Law School that fall and winter, completing the senior year and graduating in April, 1873, when he was admitted to the bar by the district court of Hamilton County, and immediately began the practices of law in Portsmouth, Ohio. In May. 1873, he was appointed one of the school examiners of Scioto County, Ohio, and held the office for twelve years. He was prouder of this appointment than any with which he was ever THE COURTS UNDER THE CONSTITUTION - 187 honored, because it was his first, and during the whole time he held the office, he was associated with the reverend and venerable Dr. Burr, and so as one of his colleagues on the same board. It was a great honor for any one to be associated, officially or otherwise, with Dr. Burr, and so Judge Dever regarded it. In April, 1873, he formed a law partnership with Judge F. C. Searl, as Searl & Dever, which continued until January I, 1879. He then formed a law partnership with the Hon. Dan J. Ryan, as Dever & Ryan, which continued until February, 1881. In the fall of 1879, he was elected prosecuting attorney of Scioto County, Ohio, for the period of two years. He has always been a Republican in politics. At his first election his majority was 44. During his first term as prosecuting attorney, the term was made three years, by the law of April 20, 1881, Volume 780, 0. L., 26o. In October, 1881, he was re-elected by a majority of 1252 for three years. He discharged the duties of the office with ability and fidelity. In the fall of 1886, he was elected a common pleas judge of the second subdivision of the seventh judicial district. This election, in the fall of 1886, was the first state election held in Ohio in November. In 1891, he was renominated and re-elected without opposition. On April 21, 896, the county of Adams was taken from the first subdivision of the fifth common pleas judicial district and placed in the second subdivision of the seventh common pleas judicial district. This law took effect September 1, 1896, and from that date until February 9, 1897, he was one of the judges of the court of common pleas of Adams County, though he never held a court therein. On February 8, 1897, Judge Dever retired from the bench at the close of his second term, and was succeeded by the Hon. John C. Milner. Judge Dever's record on the common pleas bench compares favorably with his able and distinguished predecessors. He possesssed great executive ability and, as a judge, kept all his business well in hand. He never allowed his dockets to get behind. Since his retirement from the bench, he has engaged in the practice of law with great success. On January 16, 1899, he was appointed receiver of the Farmers National Bank of Portsmouth, Ohio, in place of David Armstrong, deceased, and is engaged in the administration of that trust. On July 27, 1876, he was married to Miss Lydia Austin, of Ironton, Ohio. She lived but a short time, and on July 4, 1878, he married Miss Mattie Gilliland, of Jackson County. Of this marriage, three children have been born ; Louisa, the eldest, attended the Ohio State University from 1897 to 1899, and in September, 1899, she entered Mt. Holyoke College, Massachusetts, as a junior; Martha, the second daughter, is a student of the Portsmouth High School, and Alice, the third daughter, is in the grammar schools. Noah J. Dever as a boy was taught frugality and economy by his father. It may be said to have been ingrained for generations. From his mother he inherited his natural acumen, quick perception, his purpose and will for thorough investigation. He has been taught to conserve all his physical and mental faculties for the serious objects of life. He possesses a natural spirit of investigation, which made him a diligent, earnest, and faithful student. Not only did he have a great 188 - HISTORY OF ADAMS COUNTY love for the acquisition of knowledge, but happily he developed the power of imparting it. As a school teacher he was able to interest his pupils, and so instruct them that what he taught was never forgotten, but a possession for everyday use. As a teacher he was successful. The habit of imparting instruction followed him on the bench and much enhanced his qualities as a judge. As a law student, he was determined to master and understand every subject he took up. As prosecuting attorney, he did his duty thoroughly, faithfully, and efficiently. As a judge, he was laborious, industrious, painstaking, and thorough. He kept his business up, and his dockets never lagged behind. He possesses the confidence of the business community ; and since his retirement from the bench, has developed the able business lawyer that he is, and is recognized to be, by the public and his profession. He holds an enviable position in the community. In politics, he is and always has been a Republican, and has always taken an active interest. In his personal habits, he is a model, never using tobacco or spirits. While, not a member of church, he attends the Bigelow Methodist Episcopal, and has been a trustee of the church many years. His family relations are most pleasant; and he is a prominent, well-respected, and useful citizen. He has obtained his high position in the community by the practice of those principles which, observed by the great body of our English-speaking people, have made the United States and England the most powerful nations of the earth. William Dow James was born near Piketon, December 1, 1853. HiS father was David James and his mother, Charlotte Beauchamp. His first ancestor in this county came over from Germany in 1750, and located in Bedford County, Virginia. His grandfather, grandson of the immigrant, was born in 1785 and came to the Northwest Territory shortly after 1794 with his parents and located in Gallia County. He resided with his parents in Gallia till 1805 when he moved to Pike County in the Beaver Valley, ten miles from Piketon. He married a Miss Allison, and nine sons and daughters were born to them. Among them was David, father of our subject. He became a prominent and successful farmer: Our subject remained at home attending school and receiving instruction privately until he was about twenty years of age. when he began the study of law under John T. Moore. This was continued until Mr. Moore located in Jackson in 1875. He then prosecuted his law studies with George D. Cole, teaching school of winters and reading the text-books in summers. This course he followed until 1877, when he was admitted to the bar and opened a law office in Piketon. Here he remained four years. In 1879 he was elected mayor of Piketon and held the office until he removed to Waverly. He continued to practice in Pike and the adjoining counties until 1893 when he was elected judge of the second subdivision of the seventh judicial district. He made quite a reputation as a trial lawyer and advocate while at the bar, and his reputation as a man and citizen is the highest. In 1882, he was married to Miss Terrena F. Vulgamore. At the close of his first term on the bench, he could have been renominated and re- THE COURTS UNDER THE CONSTITUTION - 189 elected without opposition, and it was much regretted by the lawyers of his district that he did not so determine, but he felt that he had made all the reputation he desired as a judge and he peremptorily declined a renomination. Immediately on his retirement, he removed to Cincinnati, and opened a law office in the Blymyer Building, No. 514 Main Street, where he is acquiring a large clientage. His wife died May 13, 1898, and he has since remarried to Miss Louise Adams, of Chicago, Ills. Judge James is affable in his manners, both on and off the bench. He has a clear and logical mind. His mind, after a survey of the facts, grasps the points in a case and his correct legal training enables him quickly to make the application of the law to the facts. He is painstaking in the preparation and trial of his case. On the bench, he was never hurried in making his decisions, but when announced, they showed careful and thorough consideration of the questions involved. He had the judicial quality to withhold judgment till he had fully considered the case and until he was satisfied as to the principles governing it. Once satisfied, his decision was made and usually sustained in the higher court. As a lawyer he was always careful and thorough and his client could be sure that the best course would be adopted and the best results obtained. A friend speaking of Judge James says he is able to perform and does perform exacting labors. He is a patient reader and succeeds in ascertaining the results of what he reads. He is affable as a man, a citizen, lawyer and judge. As a lawyer he was connected with all the important cases in his county. As a judge, he gave great consideration to his cases and was without prejudice or partiality. Another friend speaking of Judge James says he is a man of affable, courteous and at the same time, dignified manners, and is very popular among his associates by reason of his genial and social manner. As a lawyer, he is a fluent speaker, with a clear, clean, logical mind, quick to grasp the points of a case and to use them to his advantage, and his power before a jury is widely recognized. As a judge, he was noted for his fairness and keen love of justice, and with his thorough and comprehensive knowledge of the law, administered the complex and onerous duties of that position with the highest credit to himself and to his profession. William H. Middleton was born at Locust Grove on the 19th day of July, 1864, son of Rev. Wilder N. Middleton, of the Ohio M. F. Conference, and Cynthia (Bailey) Middleton, daughter of Cornelius Bailey, one of the pioneer residents of the Scioto Valley. His early life was a roving one, his father's calling taking him to various towns in southern Ohio, in the public schools of which he received his education, and later, at the private school of Professor Poe, of Chillicothe, and the National Normal University at Lebanon, Ohio. He began life for himself at fifteen years of age as a teacher and followed that work for several years, teaching in the public schools at Piketon, Waverly and other towns. His inclinations being directed to the bar, in 1888, he entered the law office of Judge W. D. James, at 190 - HISTORY OF ADAMS COUNTY Waverly. In 1889, he was appointed deputy collector of internal revenues by M. Boggs, which office he held until his admission to the bar in 1891. After his admission to the bar, he continued with his preceptor until the latter was elected to the bench. In 1896, he was nominated and after one of the hardest political battles ever fought in the county, was elected prosecuting attorney receiving 192 votes above the head of the ticket. He continued in this office until his election to the bench in 1898. On the 24th day of June, 1897, he was married to Miss Minnie Howard, and one child has blessed the union—Wilder Howard, aged one year. He is a member of the Orient Lodge, No. 321, F. & A. M., Waverly, Ohio ; Chillicothe Chapter, No. 4, R. A. M. and Niobe Lodge, No. 370, K. of P. Judge Middleton comes of a long line of ministers; hence, in his moral and mental fibre, he is possessed of that conscious sensibility so essential to an upright and just judge. It matters, not how young and inexperienced a judge may be, or how old or learned he may be, if he is ot possessed of natural, moral and innate honesty, he cannot make a just judge. Honesty of purpose supplants all. Without it, he floats a buoyant pestilence upon the great ocean of truth. A friend says of him—"Having an intimate acquaintance with Hon. William H. Middleton from his youth up, from the country school teacher, the student of law, to the practitioner, I bear witness that the bright jewel of his crown is honesty and integrity of purpose, a man of native modesty, but possessed of a courage in the exercise of his moral and intellectual convictions. Ever dignified, always genial and at all times agreeable. We bespeak that his integrity and honesty and never failing common sense and cautious sagacity, his powers of analysis, his quickness of intuition to grasp the principles of law as well as the right and morality of a controversy shall win for him the approval of the bench, the bar and the people. John Clinton Milner was born July 12, 1856, at Morristown, Belmont County, Ohio. His father was John Milner and his mother's maiden name, Esther Hogue. His father and mother were both natives of Belmont County. His grandfather, Joseph Milner, and his maternal grandfather, Samuel Hogue, were also from Belmont County. His great-grandfather, Fdward Milner, and his maternal great-grandfather, Isaac Hogue, were both born in Loudon County, Virginia. The ancestorS of his mother came from Scotland in 1729, and those of his father, from England; about the same date. Our subject attended the public schools of Morristown, and graduated therefrom in 1872. In 1874 and 1875, he attended the National Normal University at Lebanon, Ohio, graduating from there in 1875: He then went to Hamden, Ohio, and taught school two years, during 1876 and 1877, having charge of four schools. In 1877 and 1878, he taught at Wheelersburg, also having charge of four schools there. He began the study of law in 1878, and attended the law college at Ann Arbor, Michigan, in 1878 and 1879. From 1879 to 1882, he wail at home in poor health. In 1882 and 1883, he attended Shoemaker’s THE COURTS UNDER THE CONSTITUTION - 191 School of Oratory and Belles-Lettres, at Philadelphia. In the fall of 1883, he went to Topeka, Kansas, and while there was admitted to the bar. He did not like the country and returned to Belmont County. On June 9, 1884, he was admitted to the bar of Ohio, at Columbus, and located at Portsmouth, Ohio, at once. He went in partnership with F. C. Searl, in 1884, and the firm was known as Searl and Milner. The same year Judge Harper became a member of the firm, under the name of Harper, Searl and Milner, which continued until 1891. In the fall of 1890, he was elected prosecuting attorney of Scioto County, and re-elected in 1893, serving until 1897. In the fall of 1897, he was elected one of the common pleas judges of the second subdivision of the fifth district, and took his seat as such on the ninth of February, 1897, and is still holding that position. He was married November 19, 1897, to Miss Mollie F. Warwick. He has always been a Republican. As prosecuting attorney of Scioto County, Mr. Milner made an honorable record. He was fearless, tireless and brought out of every case all the merit in it. His work that office was most satisfactory to the public. As judge, he is very quick to grasp all the details in a case, and to give his views as to the justice or equities. He is disposed to dispatch business and to keep his work well in hand. As a lawyer, he was energetic, industrious and able ; as a business man, he has no superior. The Circuit Court of Adams County. The Constitution of 1802 provided that the Supreme Court should be held in each county once a year. This proved to be a failure and a disappointment. The holding of this court in the circuit was found to be a disappointment to the judges, to the bar, and to the suitors. It was a hardship on the judges to travel and on the bar to follow them about. Suitable time was not given in the hearing and consideration of the cases and under the circumstances, it could not be given. The terms for the counties were often, therefore, omitted, or held in the capital or some other county. The Constitution of 1851, in making provision for an intermediate court between the common pleas and circuit court provided for a District Court to be held in each county at least once a year. It was to be composed of one supreme judge and at least two common pleas judges of the district. In practice, it worked badly. None of the common pleas judges liked to do district court work. The supreme judges found themselves too busy at Columbus to attend and soon after the constitution went into effect, ceased their attendance. In practice, the district court was usually made up of the common pleas judges who had heard the cases before and determined them, and to other common pleas judges, judicial courtesy required them to affirm the former decision, and judicial courtesy was not often violated. The system became so unsatisfactory to all concerned that in 1883, a constitutional amendment was adopted providing for the present circuit court. These s were to have independent judges, not sitting in any other court, courts were to be held in each county once a year. Each judge could sit in any circuit. The legislature acting on, the amendment made nine circuits of which the fourth was composed of the sixteen counties of 192 - HISTORY OF ADAMS COUNTY Monroe, Washington, Athens, Meigs, Hocking, Pickaway, Vinton, Jackson, Gallia, Lawrence, Scioto, Pike, Ross, Adams, Highland and Brown. Afterward Monroe was detached and attached to the Zanesville circuit. The first election was in 1884 and the judges elected were Thomas Cherrington, of Lawrence ; Milton L. Clark, of Ross; and Joseph P. Bradbury of Meigs. The judges met and drew lots for terms. Judge Cherrington drew the two-year term; Judge Bradbury the four year term, and Judge Clark, the full or six-year term. The court was opened for business on February 9, 1895. It has proven a very satisfactory court. In the fourth circuit, there have been but few changes. Judge Bradbury served out his term of four years in 1889 and was succeeded by Judge Daniel A. Russell, who was elected in 1889, and re-elected in 1894. Judge Clark was re-elected in 1890, and served until February 9, 1897. He was succeeded by Hiram L. Sibley; of Marietta. The bench as now composed consists of Hon. Daniel A. Russell, chief judge, and Honorables Thomas Cherrington and Hiram L. Sibley, judges. The lawyers and people of the district are well satisfied with these judges and hope they may serve aS long as they are willing to remain. Sketches of the several judges who have occupied the bench are as follows:— Milton Lee Clark was born April 21, 1817, in Ross County, son of Col. William Clark, who held that rank in the war of 1812. His father was a farmer and was for many years a justice of the peace. He died when his son, Milton L., was seven years of age. Young Clark was left dependent on his own resources. He clerked in mercantile houses in Chillicothe and Circleville and taught school. He went to Louisville in 1839 and became trusted employee in a wholesale business house until 1842 when he returned to Chillicothe and became a law student with Col. Jonathan F. Woodside. He was admitted to the bar November 25, 1844, in the twenty-eighth year of his age. In 1845, he was elected prosecuting attorney of Ross County and held that office until 1849, discharging its duties with marked ability. He represented Pickaway and Ross Counties in the lower house of the Ohio legislature at the forty-eighth legislative session from December 3, 1849, to March 25, 185o. October 11, 1849. he married Miss Jane Isabelle Woodside, eldest daughter of his legal preceptor. He practiced law exclusively from the time he left he legislature until 1873, when he became a member from Ross County of the Ohio Constitutional Convention. Mr. Clark was first a Whig and afterward a Republican and took an active part aS speaker in political campaigns. In 1884, when the first circuit judges for the fourth district of Ohio were elected, he was one of the three elected and in drawing for terms, he drew the six-year term. He was renominated and re-elected in the fall of 1890 and served till February 9, 1897, when he was succeeded by the Hon. Hiram L. Sibley. He was sixty-eight years old when he went on the bench and gave the circuit twelve years of as able and faithful service as any judge who ever occupied a judgeship. He brought to it the experience of forty years of assiduous Study and diligent practice. He was a candidate for a third term, and was most loyally supported by his county and the friends THE COURTS UNDER THE CONSTITUTION - 193 he had made in other counties, but his renomination was defeated. This disappointment wounded him mortally and he sickened and died June 11, 1897. He acheived great success and reputation as a lawyer, the result of patient and thorough study. He was a fluent and ready speaker as an advocate. As a judge he was thoroughly and well informed in the law. He gave patient and careful investigation to all cases and his decisions were clear elucidations of the law. Especially was he thoroughly conversant with the land laws in the Virginia Military District. In the history of our state jurisprudence, he will be remembered as one of our best and ablest judges. Hiram L. Sibley was born May 4, 1836, in Trumbull County Ohio. His father removed to Gallipolis in 1841, and to Middleport, in 1847. He lived there until 1855 when he removed to Racine, Ohio, where he remained until 1860. His father, Fzekial Sibley, was from Westfield Massachusetts. His mother, Phoebe Simons, from Colebrook, Connecticut. He attended school until thirteen years of age, when he began to learn the trade of shoemaking. At sixteen, he attended a select school for six month, and again another term of six months in 1856. April 22, 1858, he was married to Fsther Ann Fllis. They had six children, three of whom are living. The eldest, William Giddings, graduated from Marietta College in 1881. In the fall of 1858, Mr. Sibley took up the study of law, and continued it until 1860 when he was elected clerk of the common pleas court of Meigs Comity, and took the office February 12, 1861. August 12, 1862, he entered the 116th 0. V. I. as second lieutenant, Company B. He was promoted first lieutenant, February 1, 1864, resigned January 16, 1865. He was captured June 16, 1863, at the battle of Winchester and was a prisoner of war until December 10, 1864. His health was so broken by his confinement that he was compelled to and did resign. April 14, 1865, he was admitted to the bar at Meigs County. In August, 1865, he removed to Marietta and began the practice of law as one of the firm of Fwart, Shaw & Sibley. He was defeated for prosecuting attorney of Washington County, with the Republican ticket in 1867. In the same year he formed a partnership with R. L. Nye, which continued until 1869. In 1870, he returned to Pomeroy and began practice with Lewis Paine, under the name of Paine & Sibley. In April, 1874, he removed to Marietta to practice with Mr. Ewart under the firm name of Fwart & Sibley. In 1882, he was elected common pleas judge in the second subdivision of the seventh district and re-elected in 1887 and in 1892, the last time without opposition. In 1896, he was elected circuit judge in the fourth circuit to succeed Milton L. Clark. Since 1856, he has been a member of the Methodist Episcopal church and for a number of years has been a local preacher therein. He has attended many of the principal conferences and councils of that church and has written quite extensively on ecclesiastical law. In 1895, Claflin University of South Carolina conferred on him the degree of LL. D. No more devoted or enthusiastic Methodist than he can be found in the county. He is a great lover of music, especially of the violin, which he carries 194 - HISTORY OF ADAMS COUNTY with him over the circuit. He possesses strong analytical power combined with a faculty of clear and logical reasoning. He is an indefatigable student and examines all authorities cited to him. He has a good memory of all cases in the report which he has once examined and has them at his command at all times. He is always fair, and on the trial or hearing, he is always along with counsel conducting the case and sometimes anticipates him. He conducts the investigation of a case on lines suggested by himself and reaches his conclusions quickly. He is habitually courteous to all before him and especially considerate of the younger members of the profession. In the conduct of a case, the vital points must be approached and reached directly. No side issues are tolerated. Without the benefit of a classical education or a law school training, he haS become learned in law and literature and has made a first-class lawyer and an able judge. Daniel A. Russell, who succeeded Judge Joseph P. Bradbury in the circuit court of the fourth circuit in 1889, was born on a farm in AthenS County, September 2, 1840, and when three years old was taken into Meigs County. Until the age of Sixteen, he attended the district schools, when he spent two years at the Ohio University at Athens, and two more years at the Ohio Wesleyan University at Delaware, Ohio. In 186o, he accepted a position in the treasurer's office in Meigs County. July 16, 1861, he enlisted in Co. E, 4th Virginia Infantry. He was promoted for bravery to second lieutenant, August 22, 1861, first lieutenant in September, 1862, and captain, January 2, 1863. He was at Haine'S Bluff and at the siege of Vicksburg and was twice wounded. He was at the battles of Cherokee Station, Jackson, Miss., Missionary Ridge, and afterwards at Piedmont, Lexington, Lynchburg, Winchester and other engagements in the valley of Virginia. He was discharged September 11, 1864, and re-entered the service, February 3, 1865, as major of the 187th Regiment, Ohio Volunteer Infantry, and served as such until January 21, 1866, when he was mustered out. He at once entered the Cincinnati Law School and remained there until April, 1866, when he was admitted to the bar. He located at Pomeroy in the practice of the law. In 1873, he was a member of the Constitutional Convention from Meigs County. He was city solicitor of Pomeroy from 1873 to 1879. From 1874, he was in partnership with his brother, Charles F., until his election to the circuit bench in 1889. He was re-elected in 1893, and iS serving hiS second term. As a judge, he is careful and painstaking, and aims to see each case in all its bearings. He seeks to ascertain and apply every principle of law bearing on the matter in hand, and after listening to one of his decisions, the bar feel that he has exhausted the subject. As a lawyer, he stood high, as a judge, none is more careful to apply the correct principles of law, and none has a higher sense of honor and justice. His career as a judge has given general satisfaction to the bar and to litigants. Thomas Cherrington was born October 29, 1837, in Addison Township, Gallia County, Ohio, on a arm where he lived with his parents until he was nearly eighteen years of age, at which time he took a two-years' course in the academy THE COURTS UNDER THE CONSTITUTION - 195 at Gallipolis, preparatory to entering the regular college course at the Ohio Wesleyan University at Delaware, Ohio, where he afterwards entered, and for four years he attended that college and graduated from it. He was a private soldier in Company E, 84th 0. V. I. from May 28, 1862, to September 20, 1862, and was afterwards a captain in the 122d United States troops, and was mustered out of the service at Corpus Christi, Texas, January, 1866. His service in the 84th Ohio was in West Virginia, and in the 122d Regiment of Colored Infantry, it was in Virginia, Louisiana and Texas. On his return from the army, he read law, with the Hon. S. W. Nash of Gallipolis, and was admitted to the bar in the spring of 1867. In January, 1867, he located in Ironton for the practice of law. He was twice elected city solicitor of Ironton, and twice elected prosecuting attorney of Lawrence County, and continued to practice his profession there until February, 1885, when he became a member of the circuit court of the fourth judicial circuit. He drew the two-years' term when the court was organized and was re-elected in 1886 and again in 1892 and again in 1898. The Bar and Judiciary of Adams County. Jacob Burnet and William McMillan, of Cincinnati, and Levin Belt of Chillicothe, were admitted to the bar in Adams County and practiced in its courts under the Territory. William Creighton, Henry Brush, Michael Baldwin and Thomas Scott, afterward of Chillicothe, were practitioners in Adams County. Francis Taylor and other lawyers of Maysville, Kentucky, attended the courts of Adams County until in the forties. The First Supreme Court held in Adams County of which a record was found, was October term, 1804. It was held by Judges William Sprigg and Samuel Huntington. There was but one term held in each year. General Darlinton was appointed clerk of this court. He was the only clerk this court ever had, serving as such from 1803, until his death, August 3, 1851. The curt passed out of existence September 1, 1851, but no clerk was reappointed after his death. In 1819 and 1820, no court was held. In 1821, Judges Pease and Couch held the court and in 1822, Judges McLean and Jacob Burnet held court. In 1823, the court was held by Peter Hitchcock and Charles R. Sherman, father of the Senator. The May term, 1824, was held by Judges Peter Hitchcock and Jacob Burnet. At this term, George Collings and Kidder Meade Byrd were admitted to the bar. The latter was drowned in the Potomac River in Washington, September 24, 1824. At the May term, 1825, General Darlinton was reappointed clerk for seven years and William H. Allen was admitted to the bar. Judges Pease and Burnet held the term. The May term, 1826, was held by Judges Hitchcock and Burnet. Archibald Leggett, of Ripley, was admitted to the bar. Joseph D. Darlinton, son of the General, was appointed deputy clerk. At the May term, 1827, held by Judges Burnet and Sherman George Lyon was admitted to the bar. 196 - HISTORY OF ADAMS COUNTY In 1828, Judges Hitchcock and Burnet held the court. Allen D. Beasley was admitted to the bar. The May term, 1829, was held by Judges Pease and Sherman. Henry Brush was one of the attorneys in attendance, and John H. Haines was admitted to the bar. The August term, 1830, was held by Judges Joshua Collett and Fzekial Hayward. At the April term, 1832, the judges were Joshua Collett and John Wright. General Darlinton resigned as clerk because his term expired May 7, following, and he was reappointed for seven years. The court also appointed him master in chancery for three years. At the April term, 1834, the judges were the same as the previous term. At the August term, 1835, the Judges were Collett and Lane. Thomas J. Buchannan and Andrew Ellison were admitted to the bar. The March term, 1836, was held by Judges Lane and Hitchcock. The April term, 1837, was held by Judges Lane .and Hitchcock. General Darlinton was appointed master in chancery for three years. At the March term, 1838, the judges were Wood and Grimke. Joseph Darlinton was reappointed clerk for seven years, and Joseph Darlinton, his deputy. No term was held in 1839. In 1840, Judges Lane and Hitchcock held the term. Charles K. Smith was admitted to the bar. In 1841, Judges Grimke and Hitchcock held the term. George Nealy was admitted to the bar. In 1842, the judges were Lane wad Wood. In 1843, the court was composed of Judges Wood and Birchard. John M. Smith waS admitted to the bar. In 1844, the judges were Lane and Wood, and James W. Armstrong was admitted to the bar. In 1845, the judges were Wood and Birchard, and in 1846, Reed and Birchard On March 30, 1846, Gen. Darlinton was reappointed clerk for seven years, his last appointment. In 1847, the court was held by Judges Reed and Avery. In 1848, the same judges sat. James Clark and Joseph Allen Wilson were admitted to the bar. The latter died the following December. In 1849, the court was held by Judges Avery and Spaulding. Andrew W. McCauslen was admitted to the bar. The April term, 1850, was held by Judges Hitchcock and Caldwell. The April term, 1851, was the last Supreme Court held in Adams' County, and was held by Judges Spaulding and Ramsey. Joseph R. Cockerill, John K. Billings and David B. Graham were admitted to the bar at this term. The District Court succeeded the Supreme Court and its first term in Adams County was held October 17, 1852. Judge Allen W. Thurman of the Supreme Court, presided, and John F. reen and Shepherd F. orris were the common pleas judges. The first court of common pleas held in Adams County was December 13, 1797. The judges of that court were John Beasley, John Belli and Benjamin Goodwin, all lay judges. This court was held at Adamsville. The next was held at the same place in December, 1898. Benja- THE COURTS UNDER THE CONSTITUTION - 197 min Goodwin had removed from the county and the court was composed of Beasley, Belli and Nathaniel Massie. The December term, 1799, was held at Washington. The court was composed of John Beasley, president, John Belli, Moses Baird and Noble Grimes, all lay judges. They held this court in September, 1800, June and September, 1801, at Washington. There is no record for 1802. In August, 1803, David Fdie was presiding judge and Hosea Moore and Needham Perry were associates. This was the first court under statehood. John Lodwick was sheriff. At the December term, 1803, Wyllis Silliman, a lawyer and presiding judge, sat at Washington and his associates were Hosea Moore, Needham Perry and David Fdie. As to the lawyers who attended early courts, there is little of record. John S. Wills was prosecuting attorney in 1804, James Scott in 1807, and Jessup M. Couch, in 1808. Prior to that, the State used any attorney who happened to attend as prosecutor. John. W. Campbell located in West Union in 1808 and was a leader there at the bar until 1826, when he removed to Brown County. He was prosecuting attorney from 1808 to 1817 under the magnificent salary of one hundred dollars per year. In 1817, he was succeeded by Samuel Treat, whom oblivion, has fully obscured. Fven the writers of this work could not resurrect him. Richard Collins practiced in Adams County in 1821 and 1822. He was a son of the Rev. John Collins, of fragrant memory. He afterwards went to Maysville and died there. The first term at which the attendance of lawyers was noted was November term, 1822. There were present at that term John W. Campbell, Samuel Treat, Daniel P. Wilkins, Richard Collins, Benjamin Leonard, Henry Brush of Chillicothe, and George R. Fitzgerald. At the June term, 1823, the same attorneys were present, together, with Taylor and Scott. In 1824. John Thompson, of Chillicothe, attended. In 1825, the Legislature passed a law placing a specific tax on lawyers and this remained in force until 1851. This law did not take effect until June, 1826, and the assessments were made by the associate judges until 1830, when the law required them to be made by the commissioners at their June session; hence, the resident attorneys from 1830 to 1851 can be found in the commissioners' journal at every June meeting. George Collings first appeared as an attorney at the March term 1824. In 1825, the lawyers were Samuel Brush, Geo. R. Fitzgerald, Richard Collins, Daniel P. Wilkins, George Collings, Taylor and Benjamin Leonard. The latter was considered a great lawyer and was employed in all great cases. He never resided in the county. Henry Brush, of Chillicothe, attended in 1826. In 1827, Garland B. Shelleday appears. He was a Virginian, a protege of John W. Campbell. John Thompson, of Chillicothe, attended regularly. At June term, 1828, Beasley appears. In 1828, we note the first appearance of Archibald Leggett. In 1829 Leggett, Beasley, and George W. King, of Brown County attended. In 1832 the list of taxed lawyers were Samuel Brush, George Collings, and Daniel P. Wilkins. Thomas L. Hamer, Brown, attended first that year. 198 - HISTORY OF ADAMS COUNTY In 1834 Nelson Barrere first appears. In 1835 John P. Crapsey attended. At this time James Keenan appears. He was an Irishman. He married a sister of James Cole, and soon after located in Piketon. In 1836 John Hanna attended, and three of the Brushes, J. T. Samuel, and Henry. In 1837 David Devore, of Brown, and McDowell, of Highland, attended ; also Shepherd F. Norris. In 1839, A. McClausen first appears. We are uncertain whether this was Thomas A., or an elder brother of his. In 1840 O. F. Moore attended; Joseph McCormick and Chambers Baird, McCauslen, Devore, Barrere, and Hamer were also present. In 1841 William V. Peck attended. At the October term, 1841, Henry Massie, of Chillicothe, Chambers Baird, Hamer, Devore, J. S. Taylor, John W. Price, of Hillsboro, and H. L. Penn, of Brown, were in attendance. The same lawyers attended most of the terms for several years after. At February term, 1845, Edward P. vans appears for the first time. He did not become a resident of the county till April, 1847. At March term, 1846, John M. Smith appears for the first time. At the June term, 1847, William M. Meek made his bow to the court. At the September term, 1847, there were present, John M. Meek, Edward P. Evans, Hanson L. Penn, Joseph McCormick, Thomas McCauslen, and James H. Thompson. Of all the above, the latter only is living at a great age. In 1849 and 1850 John W. Price attended. In 1851 the name of Col. Cockerill first appears at September term. McCauslen, McCormick, and Evans are named. George Collings was last named at June term, 1847. At the August term, 1852, there were present Evans, Penn, McCauslen, Cockerill, Billings, David B. Graham, James Lowery, William M. Meek, William C. Buck, James H. Thompson, Chambers Baird, and William H. Reed. As this brings us within the memory of the present generation, we do not mention the attendance. McFerran appeared on the stage the next year. Jacob M. Wells located in West Union as a lawyer in 1854. The same year, 1854, Thomas J. Mullen located in Adams County for the practice of law. The aShes of Evans, Cockerill, Mullen, Wells, Billings, and McFerran all rest in the old South Cemetery. David W. Thomas began the practice of law at West Union in 1864. He, too, has joined the silent majority. Edward M. DeBruin was a lawyer at West Union in 1860. He went into the 33d Ohio Volunteer Infantry as an officer, and after the war went to Hillsboro. He died at Columbus, Ohio, in October, 1899. Colonel Cockerill practiced at West Union from 1851 to 1875, and was well and favorably known. The present bar of Adams County is composed of Franklin D. Bayless, George W. Pettit, A. Z. Blair, William R. Mehaffey, Cyrus F. Wikoff, C. P. McCoy, the prosecuting attorney ; Carey F. Robuck, M. Scott, John W. Hook, J. W. McClung, all residents of West Union; C. C. W. Naylor, William Anderson, S. N. Tucker, and W. E. Foster, residents of Manchester ; and Philip Handrehan and T. C. Downey, of Winchester. THE COURTS UNDER THE CONSTITUTION - 199 Separate sketches of all the prominent members of the bar, past and present, will be found following this article, as well as separate sketches of the judges in succession. The practice of the law in Adams County was much more profitable be in the early history of the county than it is now. Then the people thought they were rich ; now they know they are poor. At least, that is the statement most of them made to the canvassers for this work. Then the county was new ; lands were taken up in large tracts, and there was much litigation over disputed and conflicting lines. For thirty years all the boundary questions have been settled, and the litigation is made up chiefly of foreclosures, damage suits, and divorces. The lawyers of this day have a better time than the early lawyers did, but are not so much looked up to as the first lawyers, because the people have other things to think of. In the early days all public interest centered in the courts. Now it has many other objects. A number of the older generation of lawyers were gay lotharios, and very fond of corn whiskey, but the present generation have abandoned both proclivities. The older generation of lawyers rode the circuit. They passed from county seat to county seat on horseback, with saddle pockets across their saddles, and sherry vallies encasing their legs. They rode in all weathers and on all kinds of roads. The present generation travels only turnpikes in carriages, or travels on the cars. The older generation spent their evenings in inns, before blazing fires, and with candle light. The present generation would not he found in a common bar room, and enjoys all the comforts and conveniences of life. The older lawyers depended much on oratory and effect ; the present generation olderation are largely business agents with business methods. The older lawyers may have enjoyed log cabins with puncheon floors and clapboard roofs, but the present members of the fraternity enjoy all the fruits of the intense civilization in the midst of which we live. Law books are plenty now. In the early times they were scarce. While the present lawyers have business away from home and attend to it, the plan of riding the circuit has gone, never to return. George Collings, the father of Judge Henry Collings, rode the circuit, as did John W. Campbell and their contemporaries. Judge George Collings attended the courts in Scioto, Highland, and Brown Counties. The fashion of riding the circuit went out with the old Constitution. The old-fashioned judges were not always strong men, nor were they all learned in the law. Wylliss Silliman was an able lawyer, but Levin Belt was no better qualified than a justice of the peace. Robert F. Slaughter was not much of a lawyer, though quite an orator. John Thompson was only passable, though of a very high temper and much natural dignity, which shielded his lack of training as a lawyer. Joshua Collett and George J. Smith were able judges. John W. Price was a fair lawyer. Judge Fishback is described in a separate sketch. George Collings was an able and successful lawyer, but his feelings were too Sensitive for a judge, and he would not remain on the bench. Shepherd F. Norris was a fair lawyer and judge, hut Judge Fishback would never concede it. Thomas Q. Ashburn made an efficient judge, but was not brilliant. Tarbell was proficient in the law. Cowen, Collins, and Davis 200 - HISTORY OF ADAMS COUNTY were able judges, above the average of judges before the present constitution and their immediate predecessors. Loudon made a good judge, though not of a judicial temperament. Of the nineteen associate judges of Adams County, as we learn them, Robert Morrison was the best informed on the law, and of the greatest natural ability. Moses Baird was the next in ability, though we do not know so much of him as of Morrison, but he was a man of excellent natural ability and of great dignity. The old courts and judges, however, believed in dignity. Colonel John Lodwick, sheriff of the county, mustered the court with martial music and a procession from their hotel to the courthouse on the opening of every term. He wore a cocked hat and carried a sword. Of all men, Colonel Lodwick was most efficient in a case of thiS kind. At militia musters he made the finest appearance of any one on the parade, and as sheriff, was capable of maintaining his own dignity and that' of the whole court. He was a model for every sheriff who has followed him. Richard Collins, son of Rev. John Collins, was born February 22, 1796, in New Jersey. He was liberally educated, studied law with John McLean, was admitted to practice in 1816, and settled in Hillsboro. He was appointed prosecuting attorney of Highland County in 1818 and resided there until 1832. On August 7, 1821, he was appointed prosecuting attorney of Adams County and on August 5, 1822, he resigned. He represented Highland County in the House from 1821 to 1823. He removed to Maysville, Kentucky, in 1833, and represented Mason County in the Kentucky Legislature in 1834, 1844, 1847. For fifteen years, he was president of the city council of Maysville, Kentucky, and was the first president of the Maysville and Lexington Railroad. In 1853, he removed to his father's old home in Clermont County, where he died May 12, 1855. He had a keen and sparkling wit and was of high ability in his profession. Daniel Putman Wilkins, one of the members of the bar of Adams County in its early history, was' born at Amherst, New Hampshire, in 1797, and died at West Union, July 11, 1835; one of the victims of Asiatic cholera. He was the son of Andrew Wilkins and Lucy Lovell Blanchard, his wife. His grandfather, Rev. Daniel Wilkins, entered the ministry of the Congregational Church; at Amherst, New Hampshire, in 1740, and died there at the age eighty-five. Of him the record is preserved that "The people of Amherst' paid the highest respect to his memory and erected over his remains a monument of respectable proportions commemorating his memorable acts and intrinsic merits." Daniel P. Wilkins came from a family eminent for services as statesmen and soldiers. Among them are named Daniel Wilkins, Major in the Revolutionary War, who died of smallpox at Crown Point ; Hon. William Wilkins, of Pittsburg, Pennsylvania, United States Senator and; Secretary of War, 1841-1846; General John A. Dix, governor of New York and minister to France; General Thomas Wilkins, of Amherst, New Hampshire; George Wilkins Kendall, editor of the New Orleans THE COURTS UNDER THE CONSTITUTION - 201 Picayune, and Hon. James McKean Williams, lawyer and lieutenant governor of New Hampshire. Daniel P. Wilkins was a brilliant, scholarly lawyer ; keen, bright and pungent in his manner. It is said he made the following statement in court in regard to a pleading of an opponent, "May it please the Court. In the beginning the earth was without form and void, and the Spirit of God moved upon the face of the waters and there was light. So, too, may it please the Court, this pleading is without form and void, but it lies in the power of no spirit to move upon its face and give it form or light." He married Susan A. Wood, a pioneer school teacher from Massachusetts, and they had four children—Susan and Clara, who are now deceased and who were married successively to Daniel Barker, of Red Oak Junction, Iowa ; Anna I., now deceased, married to John Fylar, of West Union, and Mary, married to Charles B. Rustin, now living at Omaha, Nebraska. Our subject's acquaintance with Miss Wood, whom he married, was romantic. She had studied law and appeared in some cases in the minor courts. Mr. Wilkins was called before a trial justice and there he found Miss Wood as counsel for the opposite party, and this was the first time he had met her. She conducted the trial for her client and won the case. Her management of defense so impressed young Wilkins that he courted and married her. He located as a Young lawyer in West Union, Adams County, in 20. On the fifth of October, 1822, he was appointed prosecuting attorney of Adams County and served as such until June 12, 1826, when he was succeeded by George Collings. On the fourth of July, 1825, he delivered an oration at West Union. of which an account is given in the Village Register. He was also a land agent and advertised lands sales in that paper. There was a public library in West Union in 1825, and he was librarian. In 1826, he was aid-de-camp in the militia and brigadier general of the district. The children of his daughter, Anna A. Eylar, are Joseph W. Fylar, editor of the News Democrat, of Georgetown ; Oliver A. Eylar, of the Dallas Herald, of Dallas, Texas ; John A. Eylar, lawyer at Waverly ; Albert A. Eylar, lawyer at Fl Paso, Texas, Louella, B . Fylar, a school teacher at West Union. Henry Rustin, a lawyer at Omaha, Nebraska, is a son of his daughter, Mary. George R. Fitzgerald was born in Maryland, and came from there to Chillicothe, Ohio. From the latter place, he came to West Union, probably about 1816. About all we know of him, we learn from Col. Wm. F. Gilmore, of Chillicothe, to whom we are indebted for many favors. While in Adams County. Fitzgerald kept a fine horse, which he was accustomed to loan to his friend, young Joseph Riggs, a bank clerk, to ride to North Liberty to court Rebecca Baldridge, daughter of Rev. Wm. Baldridge. In 1818, he was elected to the Legislature from Adams County and had Gen. Robert Morrison for his colleague. In 1821 and 1822, he represented Adams County in the lower House, having no no colleague. In 1822, he appears to have changed his residence to Highland County, for he was prosecuting attorney there in 1824 and again in 1831 and 1833. From there he returned to Chillicothe, and was 202 - HISTORY OF ADAMS COUNTY in partnership with Judge Henry Brush. Fitzgerald was a portly, good looking man and of firstrourate legal abilities and attainments. He was studious and attentive to business. He was moral and temperate in his habits, but at the same time, moody, often depressed in spirits, and melancholy. Whether this arose from love or dyspepsia, we do not knot but he was madly enamored of one of the daughters of Wm. Creighton Jr., and his addresses were rejected. Upon Miss Creighton's marriage to another suitor, he went to Washington, D. C., and soon after coma mitted suicide. Eheu! amore simul et sapere, ipsi Jovi non claim Garland B. Shelledy was a young lawyer in West Union in 1824, 1825, to 1828. He is said to have been a relative of John W. Campbell. His marriage is announced in the Village Register, of November 14, 1826, as having occurred on the thirty-first of November, to Miss Nancy Hutcheson, at Cannonsburg, Pennsylvania, the Rev. Dr. Brown, President of Jefferson College, performing the ceremony. On March 27, 1827, he was president of the council of West Union while Joseph Darlinton was recorder. At that time, the president of the council was the mayor. In 1827, he was a candidate for county treasurer, but as usual, Gen David Bradford was elected. No one had any show as against him. At the election for treasurer at that time, October 27, 1827, the vote stood as follows: David Bradford, 707; Joseph D. Darlinton, 191; John M. Hayslip, 170; Garland B. Shelledy, 97; William McColm, 35. He was born in Kentucky. His mother's maiden name was Bradford. He was a graduate of Jefferson College of Cannonsburg, Pennsylvania. When he left Adams County he located in Edgar County, Illinois. He was known as a fine speaker at the bar. In his political views he was a Whig and in his religious views a Presbyterian. He reared a family and has one daughter, Mrs. S. H. Magner, aged 64 years who resides at Paris, Edgar County, Illinois, where he died and is buried. He died of consumption, as did most of his family. Samuel Brush was born January 13, 1809, in Chenango County, New York, where his father resided until 1815, when he removed to Chillicothe, Ohio. His father, Platt Brush, was a lawyer and practiced in Chillicothe with his son, Henry Brush. In 1820, he removed to Delaware, where he remained until 1828, when he returned to Chillicothe. Samuel Brush was a clerk in his father's office. He received a classical education from three private tutors, one of whom was John A. Quitman. He read law with his father and was admitted to the bar at Tiffin, Ohio, August 3o, 1830. In the spring of 1831, he located at West Union, Ohio, and was elected prosecuting attorney in 1833, the first one elected in the county. He served two years and then went to Batavia, Ohio, and practiced a short time when he removed to Columbus, Ohio. He acquired the title of major in Columbus by being brigade inspector of the militia. He was vice president of the agricultural society of Franklin County when it was organized. In 1859, he retired from practice and THE COURTS UNDER THE CONSTITUTION - 203 removed to Canandaigua, New York, and engaged in farming. He was a Union man during the Civil War. It is said he never lost a case he prepared or had it reversed. He had great powers of concentration and was of great industry in his business, always ready to try his cases. He was true to his friends and very grateful to those who favored him, and of an undoubted integrity. He was married June 7, 1843, in New York, to Cordelia A. Jenkins. He had an only son, Henry, who died in 1879. Samuel Bush was living in 1880 at Canandaigua, New York. He was of a low stature, dark complexion and of medium size. James Keenan. was born near Killala, County Down, in the Province of Ulster, Ireland, December 30, 1800. He was the youngest of fourteen children, but four of whom survived to maturity. His father was William Keenin, and his mother Miss Deborah Gaugh. His ancestors were originally from Scotland His parents were well educated, and strict members the of Presbyterian Church. His father died when he was but eighteen years old ; and with his mother, his brother William, and one sister, he took passage on a sailing vessel to this country in 1819. The ship was bound for New York, but it was chased by Algerian pirates, and driven out of its course. After landing in this country, they went to Pittsburg. Our subject received a good education. He read medicine; but on account of his health and the advice of physicians, never practiced. He then took up the legal profession ; and after being admitted to the bar, located in Adams County for the practice of the profession. In 1832 he married Miss Lucasta H Cole, a daughter of James M. Cole, who was then the sheriff of Adams County. His wife died June 29, 1834, and is buried in the Collings Cemetery at West Union. In 1835 he was elected prosecuting attorney of Adams County, and served until 1837; when he resigned and moved to Pike County. He removed from Piketon in the same year, and went to Tennessee. He located at Camden, and practiced law there and at Paris. In 1844 he removed to Mississippi and was admitted to the bar there. On June 3, 1840, he was remarried to Mrs. Lucynthia W. Rucker Cousulle, of Ripley, Mississippi. Of this marriage there were two daughters, Mrs. Linnie A. Robertson and Susan Deborah, and one son, William James. Soon after his marriage, he devoted himself to farming. He was a natural horn orator, and possessed much ability as a lawyer. He was frequently called upon to act as a special judge. He was a magistrate of his neighborhood for years. He died the eighteenth of October, 1873, and is buried in Rucker Cemetery, near Ripley, Mississippi, and his wife died the first of September, 1875. His daughter Linnie married Charles Alexander Robertson, son of Col. C. S. Robert son, a prominent lawyer of New Albany, Mississippi. His daughter Susan Deborah is unmarried, as well as his son William James. They reside in the old homestead. In his religious belief, he was a Univertsalist; but not a church member. In his political views, he was a Democrat. He was of a kind disposition, gentle and affectionate to those about him, and charitable to all. 204 - HISTORY OF ADAMS COUNTY Joseph McCormick, the son of Adam McCormick and Margaret Ellison, his wife, was born, in 1841 in Cincinnati. He was an only child. As a child, he lived a part of the time in Cincinnati and a part of the time in West Union. He is said to have attended college at Marietta. In 1831 and 1832, he was at Pine Grove Furnace, ostensibly as a store-keeper. He studied law soon after this under Nelson Barrere and was admitted to the bar in about 1835. Directly after his admission to the bar, he located in Portsmouth, where he remained for only a few months. He then went to Cincinnati and remained there most of the time until 1838 when he became prosecuting attorney of Adams County. In 1843 he was again prosecuting attorney of Adams County, first by appointment and afterwards by election, until 1845; On May 20, 1840, he was married to Elizabeth Smith, sister of Judge John M. Smith, of. West Union. They had three children, two sons and a daughter, born in Adams County: but only one survived to maturity, Adam Ellison, born January 31, 1843. He was a fine looking man, of magnificent physique, an Apollo Belvidere, but the bane of his life was the drink habit. His father died in July, 1849, of the Asiatic cholera and left a large estate, which was disposed of by will. He gave a life estate in it to his son, Joseph, with the remainder over to his grandchildren, Adam and Mary, the latter of whom died at the age of ten years. He made Judge George Colling trustee of his estate and directed him that in case his son should reformed his present unfortunate habit as to drinking, he was to turn the whole estate over to him. That event, however, never occurred and the estate was held by the trustee until his death, when it was turned over to hi son, Adam. He was elected to the Constitutional Convention in 1850 from Adams County. where he served with much distinction. On Mao 5, 1851, he was appointed, by Governor Wood, attorney general for the state of Ohio in place of Henry Stansberry, whose term had expire. He served about seven months, until George F. Pugh, the first attorney general under the new constitution was elected and qualified. At the time of Mr. McCormick's appointment, the salary of the office was $75. Henry Stansberry was the first attorney general appointed in 1846, an.. Mr. McCormick was the second. In about 1857, he left Adams County and went to the state of California, where he remained until his death in 1879. His wife and son continued to reside in Manchester from 1857 until 1872 when she died Joseph Allen Wilson was born September 16, 1816, in Logan County, Ohio. His father, John Wilson, was born December 17, 1786, in Kentucky, and died October 5, 1824, in Logan County. His wife, Margaret Darlinton, was born Winchester, Virginia. She was married to John Wilson in Ad. County, August 6. 1810, by Rev. William Williamson. She survive until March 8, 1869. Her father was born March 24, 1754, and died May 20, 1814, at Newark, Ohio. Her mother was born April 10, 1700 and died December 14, 1832. John Wilson, grandfather of our subject moved to Maysville, Kentucky, about 1781, and bought land on the Kentucky side of the river for twelve or fifteen miles. This land is THE COURTS UNDER THE CONSTITUTION - 206 divided up, and a part of it opposite Manchester is known as Wilson's bottoms. The father of our subject had fifteen children, all of whom lived to maturity, married and had families. Our subject went to reside with his uncle, General Joseph Darlinton, in Adams County in 1823. He was brought up in the Presbyterian church and had such education as the local schools afforded. At the age of sixteen, in 1832, he became an assistant to his uncle in the clerk's office of the court of common pleas and Supreme Court. In 1837, when he had attained his majority, he started out for himself, with a certificate from J. Winston Price, presiding judge of the common pleas that he was of correct and most unexceptionable moral character and habits. Gen. Darlinton also gave him a certificate that he was perfectly honest and of strict integrity ; that he was familiar with the duties of the clerk's office, that he had some experience in retailing goods from behind the counter and in keeping merchant's books. Between 1837 and 1840, he was a clerk in the Ohio Legislature at its annual sessions. In September, 1838, he was employed in the county clerk office at Greenup County, Kentucky. In November, 1838, he obtained a certificate from Peter Hitchcock, Frederick Grimke, Ebenezer Lane, Supreme judges, that he was well qualified to discharge the duties of clerk of the court of common pleas of Adams County, or any other court of equal dignity in the State. In November, 1840, he obtained employment in the office of Daniel Gano, clerk of the courts of Hamilton County, as an assistant for four years $380 per year. He was married to Harriet Lafferty, sister of Joseph West Lafferty, of West Union, April 14, 1839, by Rev. Dyer Burgess. He formed a great friendship with Nelson Barrere, a young lawyer who had located in West Union in 1834 and several of Barrere's letters to him in existence. To Barrere, he disclosed his inmost soul as to a father confessor and Barrere held the trust most sacredly. He seems also to have had the friendship of Samuel Brush, an eminent lawyer of that time, who practiced in Adams County. In 1846, he was an applicant for the clerkship of the Adams Court of Common Pleas, when Gen. Darlinton resigned the office. He was recommended by George Collings, Nelson Barrere, William M. Meek, Chambers Baird, John A. Smith, James H. Thompson and Hanson L. Penn, but Joseph Randolph Cockerill was appointed. However, on September 18, 1846, he entered into a written contract with Joseph R. Cockerill, the clerk, to work in the office at $30 per month until the next spring, and in that period, to he deputy clerk. In April, 1848, he was admitted to the bar at a term of the Supreme Court held in Adams County, but it is not now known that he ever practiced. He always had a delicate constitution and died of pulmonary consumption December 16, 1848. His wife died August 12, 1850. They had two children, a daughter, who died in infancy, and a son, John O., who has a sketch herein. David B. Graham was born in Washington, Pennsylvania, February 7, 1826, the son of the Rev. John Graham, D. D., whose sketch appears elsewhere in this book, and of Sarah Bonner, his wife. He resided in Washington, Pa., until the age of four years when his father moved to Greenfield, Highland, County, 206 - HISTORY OF ADAMS COUNTY Ohio. He resided at Greenfield and Chillicothe till 1840, when he went, to West Union, Ohio. In 1845, he attended Washington College at Washington, Pennsylvania, and was a student there until the summer of 1848. At that time, he began the study of law at West Union, Ohio, under the late Thomas McCauslen, and completed his studies in 1850; when he was admitted to the bar. He resided at West Union and practiced law there from 1850 until 1853, when he removed to Xenia, Ohio and formed a partnership with Mr. Beatty Stewart. On the twelfth of February, 1857, he was married to Miss Cornelia McCroskey. Of this marriage, there were three daughters, all now residing in Cincinnati, Ohio. Miss Henrietta, the eldest, is a fine musician Mrs. Minnie Redd is a widow with a grown daughter, and the youngest is the wife of Dr. Landis, of the Brittany Building. David Graham removed to Delphi, Ind. in September, 1859, and remained there till 1872, when he located in Logansport, where he spent the remainder of his life. He died there in 1887. His wife, a lovely and lovable woman, survived him hut a short time, and side by side their ashes repose in the beautiful cemetery at Logansport. David B. Graham resided in West Union from his fourteenth year until his twenty-seventh year, and as a youth and young man, he was t