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CHAPTER, VII.

BENCH AND BAR.

INTRODUCTORY.

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

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

"In the American State the great and good lawyer must always be prominent, for he is one of the forces which move and control society. Public confidence has generally been reposed in the legal profession. It has ever been the defender of popular rights, the champion of freedom

348 - HISTORY OF MARION COUNTY.

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

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

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

THE BENCH.

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

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death. Putnam resigned in 1796, to enable him to accept the office of Surveyor General, and Joseph Gilman, of Point Harmar, was chosen to fill the, vacancy. Judge Turner left the Territory in the spring of 1796, and during his absence resigned his seat on the bench, which was filled by the appointment of Return Jonathan Meigs, in February, 1798. The Judges then in commission continued to hold their 'seats until the adoption of a State Constitution.

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

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

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

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

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

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

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

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

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

Sec. 3. The several Courts of Common Pleas shall consist of a President and Associate Judges. The State shall be divided, by law, into three circuits; there shall be appointed in each circuit a President of the Courts,

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

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

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

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

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

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

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

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

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

SEC. 12. The style of all processes shall be "The State of Ohio;" all

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prosecutions shall be carried on in the name and by the authority of the State of Ohio, and all indictments shall conclude against the peace and dignity of the same.

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 13. In case the office of any Judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the Governor, until a successor is elected and qualified; and such successor shall be elected for the unexpired term at the first annual election that occurs more than thirty days after the vacancy shall have happened.

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

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

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

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

SEC. 18. The several Judges of the Supreme Court of the Common Pleas and of such other courts as may be created, shall, respectively, have

356 - HISTORY OF MARION COUNTY.

and exercise such power and jurisdiction, at chambers or otherwise, as may be directed by law.

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

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

THE COMMON PLEAS COURT.

The first session of this court, held at Marion, was a special term, commencing May 7, 1824, by the Associate Judges. William Holmes, Jacob Idleman and David H. Beardsley, who appointed George H. Busby Clerk of the Court, pro tem. ; but differing as to who should be appointed, each Judge having a candidate of his own, they agreed to consult the wishes of the people by taking the popular vote. Accordingly, the following entry was made upon their journal: " Ordered that the Clark of the Court of Common Pleas of said county be elected at the nest October election, and that William M. Holmes, Gideon J. Messenger and George H. Busby be considered as candidates for said office." At the election, the people chose Mr. Busby, and he was accordingly appointed for a term of seven years.

Another special term of the court was held June 9, 1824, by the Associate Judges, at which session administration and apportioning Justices of the Peace for the different townships were the principal business.

The first regular term of the Court of Common Pleas of Marion County commenced September 23, 1824, Hon. Ebenezer Lane, President Judge, and the above mentioned Associate Judges. Benjamin Hillman was Sheriff, The appointments of Busby for Clerk and of Pettibone for Prosecuting Attorney were confirmed. The venire for the first grand jury was quashed on motion of the Prosecutor. The Sheriff summoned a Grand Jury as follows, the first in the county: Benjamin Salmon, Foreman; James Jenkins, Nathan Clark, William Wyatt, David Town, Samuel Jones, David Tipton, John Green, Hugh O'Harra, Samuel Kniseley, Alvin Priest, Levi Hammond, Daniel McMichael, William Caldwell and Isaac Darling. No middle names are mentioned in the above list, although some of the men had two given names. At this term several licenses to keep tavern were issued, at $7 to $10. Enoch B. Merriman and James Bailie obtained license to keep store in Bucyrus for one year, at $15 each. J. H. & William Holmes and George Will obtained license for the same fee to keep store in Marion one year.

The first case on the docket of Marion County is " the State vs. Eber Baker." The following is the indictment and record of the case:

State of Ohio, Marion County, Court of Common Pleas of the term of September, in the year of our Lord one thousand eight hundred and twenty-four.

Marion County, ss. The Grand Jurors of the State of Ohio. impaneled and sworn, to inquire of crimes and offences committed within the body of Marion County, in the name and by the authority of the State of Ohio aforesaid, upon their oaths present that Eber Baker, late of the county of Marion aforesaid, on the 15th day of September, in the year of our Lord one thousand eight hundred and twenty-four, with force and arms at Center Township, in the county of Marion aforesaid, and within the jurisdiction of this court, did sell spirituous liquors by less quantity than one quart, to wit: One pint of whisky to one David A. Town, to be drunk at the place where sold,

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to wit, at the house of said Eber Baker, in said township, without being duly authorized, contrary to the form of statute in such case made and provided, and against the peace and dignity Of the State of Ohio.

M. D. PETTIBONE, Prosecuting Attorney.

STATE OF OHIO,

VS.

EBER BAKER

Indictment for Selling Spirituous Liquors.

This day came the prosecutor in behalf of the State, and the defendant being arraigned pleaded guilty to the indictment.

Whereupon, it is considered by the court that he pay a fine of one dollar, together with the costs of prosecution, taxed to dollars and cents.

Samuel Bailie, at this term, was the first foreigner who filed his declaration of intention to become a citizen of the United States in this county. Samuel Holmes was appointed County Surveyor for five years. George H. Busby was appointed Recorder, pro tem,. Court continued but one day.

A special term was held November 27, 1824, by the Associate Judges, William Holmes, Jacob Idleman and Benjamin Salmon. Special terms were also held December 7 and 13 following, and at the last date Mr. Busby was appointed Recorder for seven years, as before mentioned. Special terms were held several times during the ensuing winter and spring, to attend to habeas corpus and administration.

The first civil cases appearing on the docket as disposed of were at the April term, 1825. The first entries are of the cases of John Luck vs. Samuel Holmes and George A. Gaylord vs. William Caldwell, both of which were dismissed. The first civil case tried before a jury was that of Westell Ridgeley vs. Isaac Dorland, for slander. The plaintiff claimed $500, and got $75. May for plaintiff and Harkness for defendant. The following persons composed this first petit jury in Marion County: William Carpenter, George Fickle, George McElvain, Zebediah Hide, Alexander Frazer, George Poe, Amos Clark, James Scott, John Maxfield, Reuben Smith, Peter Beabout and George Luke.

Two petit larceny cases were tried at this term, both defendants found guilty and sentenced to imprisonment in the county jail, one for seven days and the other for twenty days.

Slander cages were somewhat numerous in these early times, considering the small number of cases on the docket; but the court and jury had a habit then of going right through a case and it was soon ended.

The court allowed Edson Harkness $5 in each of the larceny cases above mentioned, for defending, and the Clerk and Sheriff were allowed the munificent sum of $35 each as an annual salary for the term of seven years. At this term, the grand jury presented seven indictments-two for selling spirituous liquors and five for larceny.

Two Wyandot Indians were brought before William Holmes at a special term September 1, 1825, on some complaint, but were discharged. Their peculiar names were Half John Frost, alias Dannubee, and General Washington, alias Nundundee.

This year, 1825, the Prosecuting Attorney, Milo D. Pettibone, was allowed a salary of $40 a year, to be paid him " in just proportions by the County Treasurer, at the close of each term of court." At the May term in 1826, Charles L. Boalt was appointed Prosecuting Attorney of Marion County, and Alson Norton was Associate Judge in place of Enoch B. Merriman. The court allowed Boalt, Prosecuting Attorney, the sum of $80 for prosecuting at the two terms of court held in the county, one-half at the end of each term.

In that. early day criminal cases were proportionally as numerous as at

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the present period of the county's history. In 1825, there was one indictment for forgery, one for perjury and one for horse-stealing; but neither of these cases was ever tried. Habeas corpus cases were common at special terms of the court, and generally the prisoners were set free.

The first minister's name on the records as of one authorized to solemnize marriages is that of Rev. Nehemiah Story, of the Regular Baptist Church, November 13, 1826.

The first newspaper named in the records is the Delaware Patron., in May, 1826.

At the November term, 1826, the salary of the Sheriff was fixed at $50 a year, payable one half at each term of the court. The Clerk of the court was also allowed a salary of $50 a year payable likewise. James K. Corey was allowed $15 for services as special prosecutor at this term. At the May term, 1827, Joseph Swan was appointed Prosecuting Attorney of Marion County, and at the November term following, be was allowed $80 a year. At the end of the third day's proceedings of this term, in the Journal entries, occur the words, "Judge Lane left the bench," in his own handwriting.

The attorneys named on the docket during the first three years were J. M. May, E. Harkness, O. Parrish, M. D. Pettibone, Charles L. Boalt, P. B. Wilcox, S. Banta and Mr. Latimer. Most of these were non-residents. The name of Godman and Bowen first appear on the docket in the case of Thomas McNeal vs. Bowdish and Town, in May, 1829. They were attorneys for Town. These gentlemen at once took a prominent position, as they had one side of almost every case, while C. L. Boalt had the other.

In 1830, they did business separately, and in nearly every case Bowen and Godman were arrayed on opposite sides.

Following are personal sketches of the Judges whose jurisdiction included Marion County:

John Adair McDowell, the first President Judge of the Common Pleas District, which included the territory afterward made Marion County, was the son of Samuel and Ann (Irvin) McDowell, and was born near Harrods burg, Ky., May 26, 1780. He studied law, and in the war of 1812 served with distinction on the staff of Gov. Shelby. November 9, 1809, ho married Lucy Todd Starling, youngest daughter of Col. William Starling, and at the solicitation of his brother-in-law, Lucas Sullivant, removed with his wife to Franklinton, Franklin Co., Ohio, late in 1815 or early in 1816, and there became a prominent and successful lawyer. In 1819, he was appointed by the court as Prosecuting Attorney for the county of Franklin. He was a member of the lower branch of the Legislature in 1818-19. and in 1820 was elected President Judge of his judicial district. He is remembered as a man of fine personal appearance, was possessed of great natural talent and was popular. He died September 20, 1823, leaving two children. The vacancy on the bench caused by his death was filled by the appointment by Gov. Morrow of Gustavus Swan, whose jurisdiction, however, did not include Marion County.

Ebenezer Lane, according to the records, held the first courts of Marion County up to 1829. He resided at Norwalk, and the lack of conveniences for travel then existing made it a long and tiresome journey for him to come to Marton. He was a gentleman and lawyer of high character and ability. His finely and closely written signature on the old court records gives evidence of modesty and of an even and unruffled nature. He was afterward elevated to the Supreme bench of the State, and while occupying

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that position he became noted for the brevity of his written opinions. They were given in a few words, but explained his position admirably. After his term as Supreme Judge expired, he became noted as a railroad lawyer. He was in all respects a model man and an honor to his district and State.

David Higgins was Common Pleas Judge from 1829 to 1837. He also lived at Norwalk. He was a fair lawyer and an honest and good Judge, but quick and nervous. He lost his leg by amputation, having badly broken it by being thrown from a buggy, as he was going down a hill near Delaware. He afterward went to Washington, D. C., where he became a Clerk in one of the departments, and finally died in that city.

The Common Pleas records of Marion County are signed by David Higgins from 1829 to February 13, 1837, where the entry is made by the Clerk. "Records not complete after this date;" and no Judge's name appears thenceforward for a number of years.

Frederick Grimke, of Chillicothe, held this position. Judge Grimke was a tall, slim, pleasant looking man, and had a fine legal education. He was distinguished more for his excellent knowledge of the law than for his practical application of it, but was possessed of very good ability in the latter connection. He was subsequently elevated to the Supreme bench of the State.

Hon. Ozias Bowen,* who passed from earth September 28, 1871, was one of the giants of the Marion bar. Born July 23, 1805, in Oneida County, N. Y., among the Catskill Mountains not much is known of his early career, but sufficient has been preserved to establish that he was reared amid a community, outspoken, heroic, high-principled, and these early surround. ings gave a permanent basis for his moral character. When a youth of eighteen, he came West to Ashtabula County, Ohio, where he studied law and was admitted to the bar, and where he also published a weekly paper. In 1828, lie came to Marion, and after teaching school and keeping store, he resumed the practice of the law, rising to the positions of Prosecuting Attorney and Judge of the Court of Common Pleas, which position he held with credit to himself and benefit to the community for fourteen years, his circuit extending at one time as far as Lake Erie. A seat on the bench of the Supreme Court of Ohio was also awarded to him. In whatever tended to advance the welfare of the people, Judge Bowen took a deep interest; education found him its warm advocate; all churches alike shared his bounty, although the Presbyterian community claimed him as its especial member; the cause of the slave found in Judge Bowen an ardent advocate, and his associations were ever with the Republican party. He was the friend and coadjutor of such men as Salmon P. Chase, Columbus Delano and the like. His fine residence in the southern part of the village of Marion attested that his labors had met with their due pecuniary reward. In physique, Judge Bowen was five feet and eleven inches in height, while his weight was 195 pounds, thus attesting that a vigorous body is ever the basis of a vigorous mind.

Judge Bowen's profession and the practice of it made him a prominent and noticeable character, not only in the town and county where he lived, but througout the State, and to him, as a lawyer, more attention should be given in this biography than to any other phase of his character.

He was a leading lawyer, eminent and successful, the peer-of any with whom he came in contact professionally. He was not a fluent or eloquent speaker, and brought to his aid none of the graces or tricks of voice or ac-

* This biography of Judge Bowen was kindly contributed by J. F. McNeal, Esq.

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tion of the trained elocutionist.. As an advocate, he was reasonable, logical, plain, fair, direct and powerful, and although he could not sway or control a court or jury by bursts of eloquence, yet he had immense influence as a shrewd, argumentative reasoner. He was a good judge of men and character, and had what has always been the element or secret of suc. cess in every department of man's work-a vast amount of good, sold common sense.

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

He was exceedingly careful in giving advice and counseling in litigation, always desiring to avoid and keep out of bad cases; but when he had determined to go on he entered upon the work of the preparation and trial of his cases with the determination to succeed, and no client could ever charge him with neglect or want of zeal. His many years of practice and his long experience as a Judge made him exceedingly familiar with the law and especially rules of court and of practice. Vet even in his later years, he never went into court, in even the smallest of cases, without a brief, both of facts and of law. With good natural qualifications and long experience, he put no especial dependence in either, but did depend on the results of special preparation and labor in every case. His secret of success was indomitable energy and unremitting labor. He kept a commonplace book, in which were noted the results of his investigations, and, always ready and at hand; he had a brief when any subject came before him a second time. Every trial in which he was engaged found him with full and especially prepared brief, and every one was tried with a view of taking it to a higher court. If he did not secure on the first trial what he thought be ought to have, and his cases will show that even where he was beaten below, he was most likely to be successful in the end. He was a bold, hard fighter, and like every strong, uncompromising character, made some enemies, but the profession will always recognize him as one of the strongest men at the bar in Northern Ohio, in his day. His thoroughness was remarkable and his attention to details equally so. His students will always remember one direction which he gave as to the conduct of trials, viz., "never omit to make every point in your case, no matter how trifling or small it may seem to you, for although it may look trifling, yet it may be the decisive point in the mind of the court or jury to which you are trying the case." This notice of Judge Bowen's professional character and career would not be complete if we failed to note one beautiful trait in that character, and that is his uniform kindness and courtesy to the young men of his profession. All who were so fortunate as to practice with him will remember this. No young man ever appealed to him for professional assistance in vain, when he was free and could give it. He gave the benefit of his experience and counsel willingly and joyfully, and always had a kind and encouraging word to those who felt the embarrassment of inexperience. The young lawyers who were about him remember him gratefully. To do the life and. professional character of Judge Bowen justice we cannot, probably, better sum up the whole matter than by saying, "He was a great lawyer."

Benjamin F. Metcalf, the first Judge of Common Pleas for this district under the new constitution, lived the most of the time during his term of office, at Lima, Allen Connty, although his home when elected was at Delphos, on the line between Allen and Van Wert. He was originally a tailor in Champaign County. It is thought that be was admitted to the bar at

HISTORY OF MARION COUNTY. - 361

Sidney, Shelby Co., Ohio, and he is known to have practiced law at that point before his election to the bench. Considering his limited opportunities, he was a good lawyer and splendid Judge. What he lacked in schooling he made up in common sense. He had a large brain; was shrewd; a man of strict integrity and socially popular, being jolly and humorous, but strong drink got the mastery of him occasionally. He died at Lima soon after the last war.

William Lawrence. Judge of Common Pleas from 1856 to 1865, and the successor of Judge Metcalf, resided at Bellefontaine, Logan County. He was a well-read lawyer, possessed remarkable industry and energy and was a satisfactory Judge. Morally, be was religious and without blemish. He was always pleasant and affable, and was popular both with the people and the bar. He was brought up in Jefferson County, this State. At the opening of a court in May, 1861, when the people were excited about the war, he ordered the Sheriff to raise the national flag over the cupola of the court house in Marion, which order the Sheriff refused to obey. The latter was therefore brought into court and fined for contempt. He then hoisted the flag according to the original order. In 1862, Judge Lawrence went to the front with a regiment, of which he was Colonel. While in the service, his salary as Judge continued, which he drew and distributed to the school districts throughout his circuit. In the fall of 1864, he was elected to a seat in Congress, and resigned his position upon the bench to enter upon his now round of duties. Near the close of the term of President Hayes, he was appointed First Comptroller of the United States Treasury, which position he now occupies. Upon the resignation of his Judgeship,. the vacancy thereby occurring was filled by the election of Jacob S. Conklin, of Sidney, Ohio, who was possessed of good ability, but had not been as long in practice as Judge Lawrence. As a man, he was honest and conscientious. His habits are, to some extent, unfavorably commented upon. He is now located at Sidney in the practice of his pro. fession. In the fall of 1882, he was a candidate for Congress on the Republican ticket, but was defeated by Benjamin LeFevre. He was a fine, lawyer and an honest Judge. He was succeeded by Abner M. Jackson in 1871, who, while in office and a resident of Bucyrus, resigned. He moved to Cleveland and afterward to Colorado. To fill out his unexpired term, the Governor appointed the present incumbent

Thomas Beer, also a resident of Bucyrus, who was born in Wayne County, Ohio, September 7, 1832. He became a pupil of the Vermilion Institute, at Hayesville, Ashland County, and in 1848 began teaching school. He chose law as a profession, and commenced its study with John C. Tidball, at Coshocton, in 1851, teaching school in the meantime to defray expenses; remained with him until 1853. From 1854 to 1858, he was Postmaster at Alliance, Ohio, and in the latter year he became editor of the Stark County Democrat, at Canton, Ohio, and in 1862 editor of the Crawford County Forum. Was admitted to the bar in 1862, and began practice at Bucyrus, Ohio. In 1863, he was elected to the House of Representatives on the Democratic ticket, and re-elected, holding the position up to and including the session of 1866-67. Was a member of the Constitutional Convention in 1873; appointed Judge of the Common Pleas Court for the Fourth Subdivision of the Third Judicial District of Ohio, August 15, 1874, then comprising the counties of Wood, Hancock, Seneca, Wyandot, Crawford and Marion. In October, 1874, he was elected to fill the unexpired term of

362 - HISTORY OF MARION COUNTY.

Judge Jackson, who had resigned; in 1876, was re-elected to the full term of five years; and in 1881. he was again reelected, to serve until February 9, 1887. As a practitioner, Judge Beer was fair and honorable. On the Bench he is not rapid in his decisions, but takes time to fortify himself with precedents, which practice leads the people to regard him as a careful, impartial and just Judge.

Marion County is now in the Second Subdivision of the Tenth District of the State of Ohio.

SOME OF THE ASSOCIATE JUDGES.

William Holmes, one of the original proprietors of the town plat of Marion, was an Associate Judge for a time. He left here some time previous to 1840 and went West, where he died many years ago.

Isaac E. James, of Big Island, was one of the earliest Associate Judges.

Jacob Idleman was an Associate Judge as early as 1819. Before him was tried the first case in the Common Pleas Court. (See history of Pleasant Township.)

Sandford S. Bennett, although he had- no love of litigation, or anything in connection therewith, and never sought office, was, notwithstanding, honored with that of Associate Judge from 1832 to 1835. Born in Berkshire County, Mass., January 9, 1791, Judge Bennett survived, hale and vigorous, until November 29, 1881, when he was cut down suddenly by heart disease. In his family Bible, written in his own band, are these words: "Oh, how wonderful that I, the first-born of my father's family of ten children, should be left to record the death of each and all of them!" Reared at Burlington, Vt., amid the stirring scenes of the war of 1812, he came to Berkshire, Delaware Co., Ohio, in January, 1816; was Sheriff of that county and there married Almira Stoughton, of Hartford, Conn., who survives him. residing with their only child, Eleanora, wife of Dr. T. B. Fisher. Judge Bennett was successful in business, accumulating considerable wealth and erecting the large business block known by his name. He was a consistent member of the Protestant Episcopal Church from 1853 to his death

George Gray was born in Essex County, Del., May 18, 1806. His father Frazier Gray, was a soldier in the Revolutionary war. George worked on a farm with his father until he was seventeen years of age, when he went to learn the carpenter and joiner's trade. Three years afterward, he married Miss Jane Barr, February 13, 1827; then he worked two years in a ship yard near home. Then, in 1829, he came to Ohio in company with his brother, Rev. David Gray, arriving at Zanesville May 20, where the latter stopped. George came on to Salt Rock Township, this county, where he worked at his trade for awhile, as mechanics were very much needed at the time. In 1835, he was elected by the Legislature as Associate Judge of Marion County, and served seven years with fidelity. He served two terms as Probate Judge of Marion County, from 1860 to 1866, and was elected Mayor of the city of Marion. which office he soon afterward resigned. He was elected Justice of the Peace for Montgomery Township, and in 1858 was appointed Postmaster at Cochranton (Scott Town). Finally, he was elected Justice of the Peace for Grand Township. He died at his old residence in Scott-Town, December 20, 1880, one of the oldest members of Marion Lodge, No. 70, A. F. & A. M. He left five children. His wife died twelve years previously.

Thomas J. Anderson was Associate Judge with Hon. Ozias Bowen for five or six years. He was a hatter by trade, a resident of Marion for many

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years, growing up with the place from its infancy, but not accumulating much property. He moved to Missouri, where he died and was buried, about 1875. He was a very active man, positive in his manner and of strict integrity.

Judge John Bartram was born June 12, 1804, in Redding, Fairfield Co., Conn., and came to Marion County, Ohio, November 20, 1827. Just previously, September 25, 1827, he married Miss Jane Hopkins, in Pickaway Township, Pickaway County, Ohio. He began office as Township Clerk in Marion in 1831; was elected Justice of the Peace in 1832, and re-elected in 1835 and 1838; was appointed Postmaster by Postmaster General McLean in 1833, and resigned in 1835 on account of ill health. He served as Assistant Auditor from 1835 to 1838. He was again appointed Postmaster in 1838, and served until 1841. He nest served as Commissioner to fill a vacancy one year, and was made Fund Commissioner of Marion County. He said the United States lost nothing by the transactions of this county, for every dollar was paid back when needed. Mr. Bartram was Associate Judge from 1840 to 1847, following the dry goods trade from 1840 to 1846. He then reviewed his legal studies and was admitted to the bar. He was Prosecuting Attorney three years; was Representative in the State Legislature, 1860-61, and Senator, 1870-71; was a Republican politically. He died November 17, 1879, leaving a widow and a son, Samuel H., an attorney at law, both in Marion. September 25, 1877, Judges Bartram's golden wedding was celebrated, when a magnificent gold-headed cane was presented to him by the Marion bar, Col. John J. Williams being the spokesman for the bar. It was a genuine surprise present. On the head of the cane was engraved "Presented to Hon. J. Bartram by the members of the bar of Marion, September 25, 1877."

Judge John Merrill was born December 28, 1814, in Delaware County, N. Y., came with his parents to Ross County, Ohio, when five years of age. Having there lost his father when about eight years of age, he came with his mother to Marion, in the fall of 1829, and began his trade of tailor. In 1835, he commenced the business of custom tailor, in which he was continuously engaged until the spring of 1879. He was three times married. His first marriage was with Sarah Havens, April 16, 1834. By this marriage there were six children, four of whom reached majority, and three survived him. Losing by death the mother of these, January 14, 1849, in July following he was united by marriage with Miss Leah Turney, and by this union there were three children. She died in September, 1875, and in the summer following he was married to her sister, Mrs. Rachel Adams, who survives him. Mr. Merrill was for seven years an Associate Judge of Marion Common Pleas, and filled this position with dignity and honor. In May, 1852, he was elected to the Board of Education andserved continuously until May, 1866. He was elected to the Village Council for several terms, viz., a term of one year each in 1854, 1858, 1861, 1866, 1867 and terms of two-years in 1868 and 1877. He died May 14, 1879, at the age of sixty-five.

This is probably the place to give an account of a remarkable fugitive slave case, that came up before Judge Bowen and United States Commissioner Bartram. The negro's name was

BILL ANDERSON.

In 1839 occurred a riot in Marion between slavery and anti-slavery partisans, which not only made a lasting impression upon the minds of

364 - HISTORY OF MARION COUNTY.

the citizens, but fixed in them more strongly than ever the old party prejudices upon the most serious question that ever vexed American politics. Marion was a depot on the "underground railroad." "Bill Anderson" was the name of a negro who took up his abode in Marion about a year previously. He was as black as any negro, weighed not less than 200 pounds, and to use a phrase common in those days, was a very " likely nigger." By his good behavior and willingness to work at a fair price, he had gained the good will of the people. With the "boys," be stood at the top notch in consequence of his ability to sing the old melodies of the plantation and finger the banjo to perfection. While William was thus enjoying the " fat and hominy " of the land, what should disturb his peace and quiet but. the appearance of a brace of " Virginians" named McClanahan and Goshorn, and one or two other men, claiming that said "Billy" was the property of one Mitchell, who had previously bought him of one Anderson. The "darkey" was, accordingly, by legal process, stowed away in one of the cells of the old white oak jail to await a requisition from his native State. Considerable sympathy was manifested for him, and he was not to be delivered over to the agent of Mitchell without a trial. The day came for the agent to prove " property," etc., and after a bearing, Judge Bowen decided that under the statutes of Ohio the prisoner could not be delivered to Mitchell's agent; as he had failed to show that he at any time had possession of him. Bill was thereupon released from custody.

This started a whirlwind. Without process, the Virginians seized Bill by the arms and started for the office of Judge John Bartram, then United States Commissioner, before whom it was proposed to try the cage-under the laws of the United States. Main street had just been macadamizd with stone fresh from the quarry, and while Bill was on the way to Judge Bartram's, anti-slavery men began to pelt the Southerners freely with the stones. The captors, however, succeeded in reaching the Judge's office with their prize, where occurred a scene of confusion and excitement beyond description. The Judge stood in his office door and endeavored to disperse or quiet the mob so that the trial could proceed, while the Southerners flourished bowie knives and pistols. and loud talking of every kind shattered the very air. At this juncture, some half a dozen men broke open the "arsenal," seized each an old United States flint-lock musket, rushed into the crowd and demanded entrance into the Commissioner's office, which was refused. One Elias G. Spelman, a law student, with his musket firmly grasped and the bayonet fixed, made a charge upon Judge Bartram, which probably would have been fatal had not Rodney Spaulding successfully interfered by knocking the gun to one side, which entered the wall of the building about four inches. This climacteric performance. of course, directed all eyes to the spot, at which opportunity Billy made good his escape through a back door that some one had opened. Goshorn and others followed, and in a minute or two Goshorn threw a bowie knife at him, striking him in the small of the back, but rebounding without injury. Billy ran all the faster, and soon hid himself in a shock of corn in a field where John Dumble once made brick, but which ground is now occupied by a railroad. William S. Hutchison sagaciously sounded the shock with his foot, saying, " Keep dark, Billy."

When Goshorn threw the bowie, !Elliott Davidson knocked him down with a brickbat, which of course ended the race, for the crowd centered there to witness the bleeding wounds of Goshorn. Billy then saw his opportunity to " clear " the country, which he did most effectually, as he got

HISTORY OF MARION COUNTY. - 365

on the underground railroad for Canada and went through on the "lightning express."

During the fracas, a " boss " printer, small in stature and correspondingly zealous for the right, when the cry of " To arms " was given, seized two of those venerable old flint-locks and started for the field of action, dragging them along by their muzzles. Maj. Busby told him not to make a fool of himself. when the obedient little printer-editor deliberately " stacked arms " against the north end of Byerly's hotel and rested from further hostilities.

The court issued a bench warrant and caused the arrest of the rioters, who were marched off to jail and locked up, where they spent a few hours in discussing the merits of some good brandy and sugar kindly furnished them. They were released on bail till next morning, when the Virginians were fined $50 each, which they paid and returned home.

This riot engendered hard feelings between citizens, which were never, with many, satisfactorily adjusted. A short time thereafter, while William Fisher was delivering an address before the Lyceum in the court room, a crowd who did not like his ideas, c commenced stamping their feet and clapping their hands and hissing like infernal creatures. Mr. Fisher continued, determined not to be bluffed. The Mayor appeared and commanded the disturbers of the peace to desist, saying he demanded this in the name of Mayor and by authority of law. He was told that it was not his "put in," and he gracefully retired. Shortly afterward, - a flaming handbill, headed " Freedom of Speech," and signed by a number of the best citizens, was circulated, calling for a mass meeting at the court house; and soon after that another hand-bill was circulated by the anti-abolitionists, calling for a meeting at the same time and place to take into consideration the propriety of closing the doors of the court house against meetings having for their object the agitation of the question of slavery. This created a great sensation, and everyboby was anxious to see what would be done on that day. The day came, and fortunately the Sheriff locked the court house against both parties. It was then suggested that the crowd was too large for the court room any way, and a few men, to preserve order, organized on the portico and resolved that " all who did not favor abolition sentiments," should repair to the south side of the court house, and all those in favor of the same to go to the north side. It was funny to see some of the chronic office seekers endeavoring to be on both sides tit once, or managing to ascertain on which side the largest crowd would assemble before taking either side. One man changed sides three times, stealthily creeping around the back way, to escape observation! He became settled at last on the strongest side, which was the anti. abolitionist.

THE BAR OF THE PAST.

Milo D. Pettibone not a resident here, was the first Prosecuting Attorney for this district after the organization of the county, 1824-25, being appointed by the State.

Thomas Backus, also non-resident, succeeded Mr. Pettibone in 1825 or 1826.

Charles L. Boalt, Prosecutor in 1826-27, was a successful lawyer, resident in Marion several years. Some time between 1833 and 1840, he moved to Norwalk, Ohio, where he was a leading lawyer until his death.

Gen. James H. Godman, lawyer and ex-State Auditor of the State of Ohio, was born October 10, 1808, in Berkeley County, W. Va., and moved to

366 - HISTORY OF MARION COUNTY.

Ohio with his parents in 1812, settling in Fairfield County, where he remained until 1816, when be went to Franklin County, Ohio, and there ob. tained the rudiments of his education in the private schools of that day, and finished in the higher branches of an English education at the old Columbus Academy. Deciding upon following the profession of law when eighteen years of age, he selected as his preceptor Judge Orris Parish. of Columbus, Ohio, with whom he read for two years, when he was admitted to the bar, after a most thorough and searching examination, such as is scarcely known at the present day. Soon after his admission to the bar, in 1828, he settled at Marion, Ohio, and opened an office for the practice of his profession. which more rapidly than usual became both large and remunerative. In November of that year he was married to Miss Ann S. Davis, of Marion, which proved to be a most fortunate and happy union, He proved himself capable, energetic and trustworthy, and soon advanced to the front ranks of society and of his profession; was twice elected Prosecuting Attorney of the county, against his own protest; twice to the House of Representatives of the General Assembly, once State Senator, and twice Auditor of State of the State of Ohio. In 1851, be drew up and procured the passage of an act of the General Assembly of the State of Ohio, chartering the Bellefontaine & Indiana Railroad Company; was in the spring of that year elected President of that company, which he immediately organized; had its line surveyed and located from Galion through Marion, Hardin, Logan, Shelby and Darke Counties, to the Indiana State line at Union City, and passing through the county seat, of Marion, Logan and Shelby Counties. Such wag his influence, that he induced the counties of Marion and Shelby to take stock in the corporation and issue bonds therefor, as did also several of the townships in Logan and Darke. He accepted real estate to the amount of $300,000, upon which he issued bonds of the company, secured by mortgage. He issued $800,000 first mortgage bonds of the company, sold all the bonds, built the road in a little over two years, equipped it well, managed it until the fall of 1856, when he resigned and resumed the practice of his profession, which he continued until April, 1861.

When trying a case in court, the President's proclamation was received announcing the fall of Fort Sumter and calling for 75,000 volunteer troops, he moved the court to adjourn without day, which was done, and he immediately recruited a company and was elected its Captain. His company was attached to the Fourth Ohio Volunteer Regiment, of which he was appointed Major, afterward Lieutenant Colonel, and finally Colonel. He was severely wounded while leading his regiment at the battle of Fredericksburg. After the war, he was brevetted a Brigadier General for distinguished services in the field. He was a Whig in politics until the formation of the Republican party, with which be has been prominently connec'ed to the present time. But he was never a bitter politician; was always independent just and impartial in the discharge of his official duties, and retired from public life with the respect and confidence of the citizens of all shades of politics. His official duties as State Auditor requiring his residence at Columbus, Marion is not now the home of Gen. Godman; but this county is still proud to regard him as peculiarly her own. Gen. Godman was deprived by death of his beloved partner some five years ago, and of his sons three reside in Columbus; one is a Methodist clergyman in the Southern States and another has followed in the footsteps of his father by making law his profession.

J. S. McDonald was practicing in Marion shortly after 1830.

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E. G. Spelman was a member of the Marion County bar in an early day. In 1838, he was Recorder for the town of Marion.

George Rowe settled in Marion some time prior to 1840. He read law with J. H. Godman and became a successful attorney; was Prosecuting Attorney for one term. He was a good " stumper," full of anecdote and humor, a large man of singular appearance, especially in respect to his eyes, and was rather uncouth in manner. When the gold fever arose in 1849, he started from this place with a company overland to California, leaving his wife and family here. He settled in Marysville, Cal., became a prominent lawyer and a man of considerable property, which however, he subsequently lost, and died poor. He became a Spiritualist some years before his death.

William B. Sloan was an atcorney here many years ago. He moved to Ottawa County, where he is still living, having served one term there as Probate Judge. He was a native of Marion, a son of the well-known pioneer, Thomas M. Sloan.

William Fisher, a brother of Dr. T. B. Fisher, practiced law in the Marion courts about 1840-41; went to Bucyrus, Ohio, where he was in partnership with Judge Scott a few years: he then moved to the western part of Morrow County, where he died many years ago.

A man named Litter was a prominent lawyer here about 1830-35.

A. J. Bair practiced law in Marion only a year or two, 1842-43. He now lives in Indiana.

William Robbins, Prosecuting Attorney, from 1843 to 1845 and from 1847 to 1849, moved to Morrow County, where he died.

Bradford R. Durfee, one of the leading members of the Marion bar, at a time when the county boasted of lawyers second to none in the State (1840 to 1860), was born January 20, 1816, in Tiverton, R. I., now Fall River, Mass. He was a descendant, in the sixth generation, of Thomas Durfee, who came from England in 1660, whose descendants have since lived at Fall River. His grandfather, Joseph Durfee, was a Colonel in the Revolutionary army. His parents moved to Washington County, Ohio, in 1816, by the only means of conveyance in those days, a wagon. They died and were buried there soon afterward. The children moved to Athens County. Bradford R. resided in Athens County and in Cleveland until about 1834, when he came to Marion to work in the cabinet and carpenter shops of his brothers, Joseph and Gardner. For several years, he worked during the day and studied law during the night. He was admitted to the bar in 1841, and used to say that he went from the "bench" to the bar. He attended school at Granville from 1838 to 1840. November 6, 1843 he married Miss Mary M. Hardy, who died March 3, 1857. April 6, 1858, he married :Miss Pauline M. Peters, and they had one son, May 25, 1859, and one daughter, October 29, 1862. Mr. Durfee practiced law until Fort Sumter was fired upon in April, 1861. As a lawyer, he was signally successful. A portion of the time he was alone, and when in partnership, he was associated with such eminent men as Judge Cooper K. Watson, Gen. George Rowe and Judge Ozias Bowen. In 1853, he engaged inbanking, establishing " Durfee's Exchange Bank" of Marion, the " Bank of Bellefontaine," and in 1854 the " Delaware County Bank," at Muncie, Ind., and one at Indianapolis. In these ventures he was very successful, and at a time when it required nerve and foresight. The day after Fort Sumter was fired upon, Mr. Durfee volunteered as a private soldier in the Fourth Ohio Volunteer Infantry, and was commissioned Lieutenant Colonel

368 - HISTORY OF MARION COUNTY.

of that regiment, December 31, 1861, and soon afterward became its Colonel. Among his many services as a soldier may be mentioned his command of the attack on Romney, in which he was successful in capturing the place and obtaining the keys to the prison. With these he liberated the Union soldiers confined there. The keys are still in possession of his family. Col. Durfee died at Marion February 20, 1863.

John F. Hume, attorney at law from 1852 to 1858, in partnership with John J. Williams, is another one of those remarkable examples of an unpolished gem being worked up into extraordinary brilliancy. In 1852, when Mr. Williams was a member of the Ohio Senate and needed a partner .at home to keep up his business, there was presented to him at Columbus one day a poorly dressed, unprepossessing young man, who introduced .himself as John F. Hume, desiring a situation as assistant in a law office. With considerable misgiving, Mr. Williams accepted him, for a brief probation, coming home with him and setting him to work at unfinished cases. After an absence of about a week, Mr. Williams returned, and to leis surprise found elaborate briefs made up for every case on hand. He bought him a new suit of clothes and gave him every encouragement to go ahead. He exhibited great native ability and faithfulness, and within the next six months the firm of Williams & Hume did a larger amount of business than has ever been done in the county by any one firm in the same length of time. Mr. Hume had good health, and was ever " up and at it." He afterward began to take a prominent part in political affairs; was a Democrat, but was elected to the Legislature on the Know-Nothing ticket. In that body he made an elaborate, logical and impressive speech upon a question which came up with reference to the naturalization of foreigners. After this session of the Legislature, however, 'Mr. Hume became a Republican, and as such he stumped the county, and at the next election the county went Republican. In 1858, the above partnership was dissolved, and Mr. Hume, having married a young lady of wealth here, went to St. Louis, Mo., and opened up business; but he soon put his means into the Missouri Democrat and for a time became its chief editor. He had had some experience in this capacity here in Marion. Next we hear of our subject, he was Railroad Commissioner for the State of Missouri. After serving a term, he became obnoxious to many prominent politicians of that State. They thought he was making too much money out of the position. Thereupon he asked the Governor for an indorsement of his fidelity, in the shape of a re-appointment for a second term, on condition that he would immediately resign. He would not resign without the indorsement. The appointment was put off to the last day of the Legislative session. He received it, but apparently too late to resign and give the Governor and Senate time to find a successor. Hume thus secured another term of office. After making a fortune of perhaps $500,000, he left Missouri and removed to Jersey City, N. J., where be added further to his wealth; then to Poughkeepsie, N. Y., where he has built a fine residence and now lives in luxury.

James H. Anderson, Prosecuting Attorney, from 1855 to 1857, was born in Marion, a son of Judge Thomas J. Anderson. When about fifteen years of age, he commenced as clerk in the dry goods store of J. E. Davids; afterward became a successful lawyer, and is now a successful banker in Columbus, Ohio.

Peleg Bunker was a practitioner at the bar in this county about thirty years ago; was a fair lawyer, but not apt to accumulate property; was in partnership with William Hull a short time, who died while a partner.

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Mr. Bunker afterward died at Zanesville, this State. His widow and daughter still reside in Marion; one son is in Cleveland, and another in Toledo.

Cooper K. Watson was an able lawyer of Marion before the war; was a Whig and then Republican, and represented this district in Congress in 1855 to 1857, when his parts- was growing into power as an anti-slavery element, and the people were gathering wrath preparatory to a great struggle at arms. At that time he was a resident of Seneca County. He also served as Common Pleas Judge. He was a" whole souled"man, possessing all the qualities of popularity. He died a few years ago, leaving a widow and two daughters.

A. Osborne, editor of the Mirror before the war, and then a lawyer and Prosecuting Attorney from 1857 to 1861, died a few years afterward, of softening of the brain

H. C. Godman, son of Gen. James H. Godman, was admitted to the bar in Marion County and was a successful practitioner for several years; he then followed his profession in Delaware, Ohio, two or three years, and retired from practice, and is now living at Columbus.

Noah M. Runyan, Prosecuting Attorney from 1863 to 1867, two terms, was born in Mount Vernon, Ohio; came to this county about 1846, and died about two years ago.

Almeron Wheat practiced law in this county in company with Gen. Godman for a time, and afterward went to Indiana. where, at last accounts, he was doing well in his profession. He was unmarried when he left this county.

E. H. Hull was a young man admitted to the bar in this county, practiced here a short time and went to Texas, married, and settled upon a farm, where he was prospering at last accounts.

William Hull, cousin of the preceding, was also admitted to the bar in this county; was in partnership with Peleg Bunker a short time, elected Mayor of the town of Marion, and in a few weeks afterward died. He was a talented young man.

T. A. Cross and D. A. Shields were admitted to the bar in this county and practiced awhile at Caledonia. Mr. Cross was from Hardin County.

John R. Knapp, Jr., ;vas admitted to the bar here, but never practiced the legal profession. As he was more prominently connected with the press of the county, see the chapter on that subject.

Thomas Duncan practiced law a short time some five or six years ago, and then went to Mount Gilead.

Capt. William E. Scofield was one of the able members of the Marion bar of his time. Was born in Muskingum County, October 4, 1834, settling in Marion in 1856, after graduating at the Ohio Wesleyan University. He studied law with Charles Sweetzer, of Delaware, Ohio, and was admitted to the bar of the Supreme Court in 1857, from which time he devoted his energies to his profession. He felt his client's cause was his own, and, throwing himself into his cases with all the ardor of an energetic nature, was generally successful. He was a brilliant speaker, always forcible and frequently vehement, but never losing sight of the intricate details which are the great essentials of law. Well versed in criminal law, he was.engaged in a number of the most prominent criminal cases; for example, that of Enoch Young, accused of the murder of Bensley, of Waldo Township; that of Pitman vs. Monnett, for the replevin of a calf, which was .carried up and decided in favor of plaintiff, when the costs, exclusive of

372 - HISTORY OF MARION COUNTY.

attorneys' fees, amounted to over $1,000. Mr. Scofield held many places of public trust, was conspicuous in the army, and no man had warmer friends, and in return, his genial and ardent nature cemented and made lasting the friendship. He passed away July 5, 1883, in his forty-eighth year.

THE BAR OF THE PRESENT.

We subjoin brief biographical sketches of the present members of the Marion bar, chiefly dwelling upon their professional career and status. The present bar is an eminently respectable one, and maintains the high prestige attained by the bar of the past, of whom they are no unworthy successors. They are devoted to their profession, hard fighters, throwing themselves with zeal and energy into the side they are called upon to advocate, and on the whole they command the confidence of their own com. munity; and among her sister counties, Marion has no reason to be ashamed of the home talent of her bar.

John E. Davids has the distinction of being the oldest living member of the Marion bar, having been a student of Gen. James H. Godman from 1838 to July, 1842, when he was admitted to the bar of the Supreme Court of the State. After three years' devotion to his profession, he turned to mercantile business, which he followed until 1867, when he returned to law. In October of that year, he was elected Justice of the Peace, and by successive elections has held that office ever since. He has been Notary Public since 1848, served as Mayor of Marion from 1858 to 1861, has been six years on the School Board, during two of which he has been President. The many official trusts Mr. Davids has held are the best evidence of his efficiency and integrity.

Col. John J. Williams was born in Jefferson County, Ohio. He graduated at Franklin (Ohio) College in September, 1840, and the following December came to Marion. Early the next year he opened the Marion Academy and conducted it successfully fur about a year; read law with Gen. James H. Godman, and was admitted to the bar in June, 1843. He practiced with Gen. Godman nine years, with J. F. Hume from 1852 to 1858, and subsequently with A. Osborne and J. C. Johnston, and since that time he has been alone. In 1851-52, he was a member of the State Senate, representing Marion, Logan, Union and Hardin Counties, and during both sessions was a member of the Standing Committees on the Public Schools, Municipal Corporations and the Penitentiary. He was one of only seven Whigs in this Senate, they being the last of that party in this State elected as such to that body. In 1853, he was a candidate for Governor before the last Whig Convention held in the State. He recruited, in May, 1861, three companies for the Sixty-fourth. Regiment Ohio Volunteer infantry, and was commissioned Major, and in 1862 promoted to Colonel of the regiment. He served till some time in 1863, when he returned home and resumed the law business, which he has since followed. He has publicly participated in political campaigns as a Republican.

Samuel H. Bartram, son of the late Judge John Bartram, read law with his father and John T. Brasee, of Lancaster, and graduated at the Cincinnati Law School in the spring of 1850, subsequently taking a second course in the school. He was in partnership with his father for a time. In 1859-60, he practiced law in New York City, then with his father until the death of the latter. He was Prosecuting Attorney of this county from 1851 to 1853.

J. C. Johnston has been a resident of Marion since 1859. He served as Mayor for nine years, Justice of the Peace six years, and in other ways.

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receiving substantial evidence of popular favor. Mr. Johnston commenced the study of law with Judges Lawrence and West, of Bellefontaine during 1852 to 1854, at the same time engaging in teaching school. August 15, 1854, he was admitted to the bar by Chief Justice John A. Corwin, and the following year began practice in Van Wort, remaining there until February, 1859, when he removed to Marion. Mr. Johnston's business is a very successful one, and takes in the range of all the courts. During the war, be felt called upon to take up arms in defense of his country, and enlisted May 2, 1864, in Company B, One Hundred and Thirty-sixth Ohio National Guards, serving on garrison duty at Forts Ellsworth and Lyons, and on the return of his company was elected Captain.

John N. Abston, a Dative of Virginia, was raised in Logan County, Ohio, and became a resident of this county in January, 1872. He was admitted to the bar in Columbus in 1855, after which time he was a resident of Hardin County, where he was Prosecuting Attorney; he came from that county to Marion. Has taken part in politics as a Democratic speaker. He was elected Justice of the Peace in Marion in September, 1882, and is now acting in that capacity.

M. V. Payne was born in Fort Morrow, now in Waldo Township, in 1833, and partly reared in Indianapolis. He returned to this county, and in 1850 went to Galion, where he was Mayor; was admitted to the bar in 1856 in Indiana, and in 1873 came to Marion, where he has since practiced law. He is a Democrat and has taken part in political campaigns.

H. T. Van Fleet is a prominent member of the Marion bar. He is a native of Big Island Township, and his legal preceptor was Judge John Bartram. His admission to the State bar dates back to June 14, 1860. Entering upon the practice of his profession at Marion, he has continued ever since with signal success, his legal career being but once interrupted, when he answered the call of his country and served as Second Lieutenant of Company E, Ninety-sixth Ohio Volunteer Infantry, from July 2, 1862, until January 10, 1863, resigning on account of ill health. He has been admitted to practice in all the courts, State and Federal. From 1867 to 1869, be was Prosecutor, City Solicitor three years, and is now President of the School Board. Mr. Van Fleet has been a leading criminal lawyer, enjoying an extensive and successful practice, but of late has given his chief attention to civil law. In politics, Mr. Van Fleet is a Democrat, and it was on his motion when a delegate at the National Democratic Convention in 1868, at New York, that Ohio cast a solid vote for Horatio Seymour. In 1863, he ran on the Democratic ticket against William H. West for State Senator, and although defeated he succeeded in reducing the usual Republican majority, running far ahead of his ticket.

William Z. Davis stands in the foremost ranks of the Marion Bar, and having devoted himself to his profession, he has secured a large practice and a deservedly high standing. Mr. Davis is a native of Loydsville, Behnont Co., Ohio, where he was burn June 10, 1833. He removed with his father, Dr. B. W. Davis, to Greene County, and received his education at Dayton and Miami City. In 1859, he came to Marion, and while an assistant to the County Clerk, read law under J. H. and H. C. Godman. The following year he devoted his sole attention to law and was admitted to the bar in February, 1862. His studies were interrupted in April, 1861, when he enlisted in Company H, Fourth Ohio Volunteer Infantry, and again August 5, 1862, when he entered Company E, Ninety-sixth Ohio Volunteer Infantry. He participated in the battles of Chickasaw Bayou and Arkansas

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Poet, when he was obliged to resign through sickness, being honorably discharged in March, 1863. After recovering from the illness contracted in the army, Mr. Davis entered upon the practice of law with Messrs. West & Walker, of Bellafontaine. In 1864, Gen. Godman having been elected Auditor of State, Mr. Davis was admitted a member of the firm, which became Godman & Davis. The firm of Godman & Davis had an extensive practice until its dissolution in 1871, when Mr. Godman removed to Delaware. Since that time Mr Davis has devoted himself exclusively to building up his present large practice. As a man of honor and uprightness, as well as an able lawyer, Mr. Davis possesses the esteem and confidence of the county.

J. F. McNeal, senior member of the leading law firm of McNeal & Wolford, is yet, comparatively, a young man, having been born at Iberia (then in Marion County). April 28, 1840. . When he had just arrived at his ma. jority, he was among the first to respond to the call for men to defend his country's flag, and enlisted in April, 1861, in Company I, Third Ohio Volunteer Infantry. At, the expiration of his three months' term of enlistment, he re-enlisted In Battery E, First Ohio Light Artillery, serving until April, 1865, about the close of the war. Mr. McNeal had the superior advantage of reading law under Judge Ozias Bowen, one of Marion's ablest lawyers, from April 8, 1865, to May 16, 1867, when he was admitted to the bar in Champaign County. On June 1, following, he formed a partnership with Mr. J. C. Johnston, which continued three years, when he practiced alone until June 1, 1876, admitting P. Dombaugh as a partner. This last partnership was dissolved November 15, 1876, and on January 1, 1879, the present firm of McNeal & Wolford was formed. By his sterling integrity of character, as well as by his legal attainments, Mr. McNeal has built up an extensive and lucrative practice.

George Diegle read law under the instruction of Judge A. M. Jackson, of Bucyrus; from 1850. he served four terms as Justice of the Peace. In 1867, he was elected County Treasurer, and in 1868 took charge of the office; in 1869, he was re-elected and at the expiration of his second term he was admitted to the bar of the State. In 1875, he was again elected Justice of the Peace, and re-elected in 1877. He was Township Assessor of Tully seven years, Township Treasurer seven years, and has been a member of the City Council of Marion. He speaks German as well as English.

B. F. Stahl, a native of Fairfield County, this State, was born in 1838, and in 1850 he went to Union County, in 1862 to Delaware County, and in 1864 to La Rue, and in 1868 to Marion; was admitted to the bar in March, 1876, and was Recorder of Marion County from 1867 to 1873.

A. M. Tidd was born in Hardin County April 14, 1852; graduated at the National Normal School at Lebanon in August, 1873, read law with J. D. King, of Kenton, two years and was admitted to the bar of Ohio in March, 1876. In August following, he came to Marion and for a time was a member of the firm of King & Tidd, and has since been alone.

Marcus B. Chase was born in Windham County, Conn., came first to this county in 1871, and permanently settled here in 1873. Studied law with J. F. McNeal and was admitted to the bar April 7, 1876. He was in partnership with J. Q. Codding from 1876 to 1880, and practiced at La Rue from 1879 to 1880.

J. Q. Codding read and practiced law with J. F. McNeal three years; was admitted to the bar April 7, 1876; was in partnership with M. B. Chase from 1876 to 1880.Mr. Codding is now in insurance business and

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conveyancing, in which he excels. His conveyance papers are in the neatest trim.

B. G. Young is a native of Pennsylvania and a graduate of the Ohio Wesleyan University; began the study of law with W. Z. Davis in 1874, and was admitted to the bar in July, 1876; was elected Prosecuting Attorney the fall of the same year, and re-elected in 1878, serving four years. In 1880, he was appointed County School Examiner, and in August, 1883, was nominated by the Democratic party Representative to the Legislature.

Charles F. Garberson was born in Marion County in 1851. He graduated in 1873 in the classical course of the Ohio Wesleyan University at Delaware, where he was President of the senior class. He followed surveying on the Columbus & Toledo Railroad and Illinois Central two years; studied law with W. Z. Davis, and was admitted to the bar of the Supreme Court in 1876, a member of the first class admitted under the present system. For his excellent examination he received a prize certificate. Since that date, he has been most of the time in the practice of law. Was appointed School Examiner in 1882, and re-appointed for three years in June, 1883.

Stephen A. Court, present Prosecutor for Marion County also read law under the direction of J. F. McNeal, commencing in 1874, and was admitted to the bar in January, 1878, since which time he has practiced his profession. In 1879-80, he was of the firm of Abston & Court and in 1881-82, of the firm of Codding & Court. In 1880, be was elected City Solicitor and re-elected in 1882. In 1881, he was elected Prosecuting, Attorney, which position he now holds.

John H. Wisliek, attorney at law at Prospect, commenced his legal studies in the Law Department of the Michigan State University at Ann Arbor, where he graduated in the class of March, 1878. He was then in the law office of Johnson & Seley at Kenton until the following October, when he removed to his present place of residence, where he is a partner of J. C. Johnston, of Marion. Since June, 1879, he has been Mayor of Prospect. He attends to nearly all the legal business in his vicinity. He was born in Warren, Warren Co., Penn., a son of Charles and Barbara Wishek, who now reside in Sharon, Medina County, Ohio.

Charles C. Fisher, son of Dr. T. B. Fisher, graduated at Kenyon College, read law with J. F. McNeal one year, and attended the law school of Harvard University, graduating in June, 1878. He was admitted to the bar of the Supreme Court of Ohio December 4, the same year. In March, 1879, he went to Cincinnati, where he was with ex-Gov. Cox until December, 1881, when he returned to Marion. January 1, 1882, he became a member of the firm of (J. C.) Jobnston & Fisher.

J. A. Wolford, of the firm of McNeal & Wolford, although but thirty years of age, has already made his mark as a successful practitioner, and is regarded by all as a young man destined to rise in the ranks of his profession. His reading of law dates back to 1876. The year following, he graduated in the classical course at Hillsdale College, Michigan, and continued his legal studies with Mr. McNeal, being admitted to the bar of the Supreme Court December 31, 1878, and the next day formed a partnership with Mr. McNeal. His admission to practice in the United States Courts dates July 1, 1882.

Will E. Scofield, eldest eon of Capt. W. E. Scofield, was born in Marion in 1860. He received his education in the high school, graduating in 1877. The year previous he was appointed Deputy County Clerk, and

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acted as such two years. He read law witb his father and was admitted to the bar of the State November 1, 1881. He was a member of the firm of Scofield & Scofield, which firm was dissolved by his father's death, July 5, 1883. In September, 1882, he was elected Justice of the Peace.

George D. Copeland, son of Howard Copeland, is a native of Marion. He graduated in the high school in the class of 1880, and soon after took up the study of law with McNeal & Wolford. He completed his law course at the Cincinnati Law School in 1882, and since that time has been in the office of his preceptors.

C. M. Idleman is the latest accession to the bar of Marion. He was born in Pleasant Township in 1854, and after reading law was admitted to the bar in June, 1883. He is a member of the Board of County School Examiners.

Lewis F. Raichley, an old resident of Marion, practiced law here in former years.

George Crawford, of the Independent, is a licensed attorney, though not now practicing.

T. R. Smith, farmer and cattle dealer, residing four miles south of Marion, was a lawyer in Delaware County. He came to Marion County and is well known as a leading officer in the order of the Patrons of Husbandry.