Clinton County, Ohio - Chapter 8: Courts and Lawyers of Clinton County, 1915

Chapter 8: Courts and Lawyers of Clinton County

The first Constitution of the state of Ohio, which was adopted on November 29. 1802, provided that the judicial power of the state, both as to matters of law and equity, should be "vested in a supreme court. in a court 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. The supreme court consisted of three judges. any two constituting a quorum, and had originally an appellate jurisdiction, both in common law and chancery, in such Cases as were directed by law. It was provided that the General Assembly might, if it chose, appoint another supreme judge after five years from the adoption of the Constitution, in which case the judges were to divide the state into two cireuits, and any two of them were authorized. in such case. to hold court. The courts of common pleas consisted each of a president and not more than three nor less than two associate judges, all to reside in their respective districts (or counties) during their terms of office. Any three of the judges constituted a quorum. The court had common law and chancery jurisdiction in all cases such as were directed by law, the Legislature having power to increase the number of circuits and presidents after five years. Judges of supreme courts and courts of common pleas had complete criminal jurisdiction in such cases and in such manner as pointed out by law. Courts of common pleas in each county had jurisdiction of all probate and testamentary matters, granting administration. the appointment of guardians, ete. Judges of common pleas courts had, within their respective counties, the same powers as judges of the supreme courts to issue writs of certiorari to justices of the peace and cause their proceedings to be brought before them. Judges of the supreme court were conservators of the peace throughout the state. Presidents of courts of common pleas were conservators of the peace in their respective districts, and judges of the same held the same position in their respective counties. All judges were appointed by joint ballot of both houses of the General Assembly, to hold office seven years "if so long they behave well." They were to be reasonably paid, but could at the same time hold no other office of profit or trust under the authority of the state of Ohio or the United States. Each court had power to appoint its own clerk for the term of seven years, the judges to certify that they considered him well qualified for the position. The judges also had the power to remove their clerks for breach of good behavior.

The supreme court was to be held at least once a year in each county, and 'the common pleas court in their respective counties at such times and places as prescribed by law. A competent number of justices of the peace were elected by the qualified electors in each township of the several counties, to hold office three years, with powers and duties as prescribed by law.

An act, passed February 7, 1831, provided that the supreme court should consist of four judges, having precedence according to the dates of their commissions. The same act provided that the common pleas court should consist each of a president and three associate judges, with powers as defined in said act.

A new Constitution of Ohio, adopted June 17, 1851, vested the judicial power of the state 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, in one or more counties, as the General Assembly may from time to time establish." The supreme court consisted of five judges, of which a majority formed a quorum or had power to render a decision. This court had original jurisdiction in quo warranto. mandamus, habeas, corpus and procedendo, and such appellate jurisdiction as was provided by law. The supreme judges were chosen by the electors of the state at large. The Constitution provided that it should hold at least one term each year at the seat of government. and such other terms there or elsewhere as provided by law. By the Constitution. the state was divided into nine common pleas districts. Each outside of Hamilton county. consisted of three or more counties, divided into three parts. bounded by county lines, and as nearly equal in population as practicable, each division having one judge of the common pleas court residing therein. chosen by the electors of said sub-division. Courts of common pleas wvere held in every county in the district as often as provided by law - more than one court, or sitting thereof. being allowed in each district at the same time. The jurisdiction of courts of common pleas and their judges was fixed by law. District courts were composed of the judges of the courts of common pleas in their respective districts, with one of the judges of the supreme court. <Any three constitute a quorum, and such courts had to be held at least once a year in each county - or, as the Assembly might' provide. at least three times at three separate places in each district. if not expedient to hold in each county. The original jurisdiction of the district court was the same as that of the supreme court, with such appellate jurisdiction as provided by law. The probate court was 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 sball receive such compensation, payable out of the county treasury. or by fees. or both, as shall be provided by law." This court had jurisdiction in probate and testimentary matters the appointment of administrators: and guardians, the settlement of 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." Justices of the peace were provided to be elected. to serve three years each. All judges, other than provided for by the Constitution, had to be elected by the electors of the judicial districts for which they might be created. to serve not longer thin five years.

One supreme judge was elected each year, to serve five years. Common pleas judges had to reside in the respective districts from which they were chosen, and, their term was five years. When vacancies occurred, they were filled by gubernatorial appointment until after the next regular election. The clerk of common pleas court in each county was cr officio clerk of all other courts of record held in the county.

Under the new Constitution of 1912, the judicial system of the state was materially changed. Subsequent statutory legislation has established the jurisdiction of the various inferior courts. ;

First Court Of Common Pleas

By an act of the Legislature organizing courts, passed February 19, 1852, the nine common pleas districts were apportioned into five judicial circuits, Clinton county being in he first. From the minutes of the proceedings of the court of common pleas at some of its earlier sessions, we make copious extracts. The first meeting of this court was held in the barn of Jesse Hughes (though the records say at the house), who lived about two miles southeast of the spot where the court house now stands. The following is the record :

"At a special meeting of the Court of Common Pleas held at the house of Jesse Hughes, on the 28th day of March, in the year of our Lord 1810: Present, the Hon. Francis Dunlavy, Esq., presiding Judge; Jesse Hughes, Thomas Hinkson, Esq.. associates. (Peter Burr, the third Associate Judge, was not present.) Appointed Warren Sabin, Clerk, pro tempore, to the aforesaid court. Robert Eachus was appointed Recorder of said county by the Associates present. The court adjourned (Sine die) without

The other officers of this court were Jonathan Harlan, sheriff, and David McMillan, coroner. It appears that Judge Dunlavy, who resided in Warren county, was present only to complete a quorum, as he did not assist in making the appointments mentioned. A special session was held at the same place, May 16, 1810, when there were present the three associate judges, Peter Burr, Jesse Hughes and Thomas Hinkson. It was agreed that, in the matter of commission of the judges, Peter Burr should stand first, Jesse Hughes, second, and Thomas Hinkson, last. James MeManis was appointed director to take charge of the business concerning the county seat, with instructions. The court opened the report. of the commissioners 'appointed to locate a seat of justice for Clinton county, and adjourned to the next day (May 17), when it was again convened; but the director could not make his reports, and court adjourned. The court next met in special session, May 25, 1810, when all the associates were present; but, as the directors failed to put in an appearance, the adjournment was had until the following day, at which time the report of the director was received, and the bonds of David Faulkner and Joseph Doan, donating lands for a site for a county seat, were examined.

First Grand Jury

The first grand jury in the county was impaneled for the term of court held in June, 1810, and was composed of the following persons, as the record shows: John Mitchell, foreman, Thomas Jones, Jacob Hale, Isaac Harvey, Caleb Harvey, William Haynes, John Wilson, James Wilson, Jesse Dillon, Ezekiel Frazer, Timothy Bennet, Mahlon Haworth, William Townsend, William Walker and Nathan Linton. These men received seventy-five cents each for their services, and found only one indictment, which was against Cornelius Quick, for horse stealing. The indictment was returned June 19, 1810, and Quick was placed on trial the next day. Joshua Collett, afterward president judge, and still later a judge of the supreme court, conducted the prosecution for the state, while the counsel for the defense was Thomas Freeman, of Lebanon, a criminal lawyer of some note. The jury before which the case was tried was composed of Francis Hestor, Robert Athey, David Fairfield, Daniel Linton, Daniel Moon, James Crawford, Jonah Vandervort, William Ireland, Joseph Wilson, Jesse Greene, William Hoblitt and John Stout, who found the defendant guilty as.indicted. The defense moved for a new trial, which was granted, and on the 17th of the ensuing October the case came up again, with the same counsel as before. The jury at this time was made up of David Wright, Daniel Hodgson, William Butler, Charles Mann, George Haworth, Joseph Haines, Simeon Ballard, John McKinzey, Thomas Gillam, Peter Dicks, Thomas McMillan and Daniel Dillon. The defendant was again found guilty, and the damages in favor of the prosecuting witness, James Doherty (or Daugherty) were assessed at two dollars and twenty-five cents. an order being issued against the defendant for the amount of his fine and costs of prosecution. A motion was made on behalf of the defendant to arrest judgment, but this was overruled, the court sentenced the thief to receive fifty stripes on his naked back, on Saturday, the 27th of June, 1810, at two o'clock in the afternoon. and to pay a fine of twenty dollars and costs; also to be imprisoned for ten days - Daugherty to recover of him the amount of the damage allowed.

Mrs. Elizabeth Smart, widow of Judge Hugh Smart, of Greenfield, was a daughter of Judge Hughes, at whose house, or rather barn, Quick's trial was had. She had a clear and distinct remembrance of the affair. During the trial, the defendant was confined to an apple tree, which was near by, by a log chain. After the verdict was rendered, Quick requested the sheriff, Jonathan Harlan, to retire with him for a moment. This seemed reasonable and it obtained a ready consent. As they walked away. he manifested considerable more nimbleness than had been noticed before. He gained distance on the sheriff, little by little, until a step or two in advance was Secured, when he bounded away like a deer and in a moment was beyond successful pursuit. This was the nearest approach to a public whipping for crime ever attained in this county. The actors in that scene have passed away from earth, and the story lives only in the record or the memory of those to whom it has been told. It is, therefore, fitting to give it a prominent place in this volume.

The same day Quick was first tried, June 20, 1810, 'the court appointed Nathan Linton county surveyor. The following day witnessed the appointment of Peter Burr to the position of county clerk, to fill a vacancy. On the same day Faulkner and Doan executed their deeds to the county for land on which to locate the county seat, and the director was ordered to lay out a town on said land, sell all the odd-numbered lots at a credit of one-third the 'purchase price in six months, one-third in twelve months, and one-third in eighteen months, the purchaser giving bond with approved security; sale to be advertised in the Chillicothe and Lebanon papers. On September 10,* -1810, the session of the court of common pleas was held, according to the record, at the "temporary seat of justice for Clinton county." George McManis took the oath of office as associate judge, in place of Peter Burr, resigned. The court ordered the director, James McManis, to. immediately advertise the remainder | of the lots "yet unsold in the town of Armenia (formerly Clinton),'" im the Western Star, Liberty Hall, and Scioto Gazette, and by written advertisements wherever he might think proper, and sell said lots at public auction, on the first Monday in the following November, 1810, continuing the sale from day to day until all were offered for sale, giving credit of six, twelve and eighteen months, on separate notes, for each of three equal payments, discounting eight per cent. for cash at time of purchase. The director was also authorized to postpone the sale of any lot or lots if he thought they were not bringing what they were worth. The court ordered that the new town be called Armenia, in place of Clinton, and appointed James Wilson to fill the office of county commissioner, caused by the resignation of George McManis. The director, for his services in connection with county seat matters up to date, was allowed the sum of one hundred and twenty-eight dollars and twenty-five cents.

On October 16, 1810, the last will and testament of John Jackson, deceased, was proved, and letters testamentary ordered to be issued. Absalom Reed, Joseph Grice and Thomas Draper were appointed to appraise the personal estate of the deceased. December 31, 1810, the court ordered that the name of the county seat be changed from Armenia to Mt. Pleasant, by request of donors. On Yebruary 19, 1811, James Birdsall and Walter Armstrong applied for and were granted tavern licenses. On February 20, 1811, it was ordered that the name of the county seat be changed to Wilmington, and that no further alteration should be made in the name without being authorized by an act of the Legislature. On June 4, 1811, Larkin Reynolds was granted license to keep a tavern in the town of Wilmington. At the June term of the court in this year, it "adjourned to meet in Wilmington" in the following October, and, on the 7th of that month, it met at the house of John McGregor, that being the first term held at the new county seat. On October 10, 1811, the following licenses were granted by the court: To Ferguson and Morris, to keep a store in the town of Wilmington; to Warren Sabin, to keep a tavern in Wilmington, and to Asa Holcomb, to "sell foreign merchandise in the town of Wilmington." On February 4, 1812, the last will and testament of John Sanders, deceased, was proved, and letters testamentary ordered to be issued. Same date, license was granted to James Birdsall to keep a tavern in the town of Oakland; to William Biggs, to keep a tavern on the state road leading from College township to Chillicothe. On October 5, 1812, letters testamentary granted in the estate of John Leonard, Sr., deceased. Same to the estate of James Wright, deceased. On February 2, 18138, licenses to keep a tavern were granted to James Birdsall and William Biggs. Asa Holcomb's store license was renewed on February 3, 1813.

Jesse Hughes," in said county, October 15, 1810, "before the Hon. Ethan Allen Brown, William W. Irvin, Esqs.,. Judges." Present, Jonathan Harlan, Esq., Sheriff. "The court, being opened, proceeded to appoint a clerk pro tem., whereupon, Allen Wright being appointed, gave bond, conditioned as the law directs, wherein James Birdsall and Jonathan Harlan were his sureties, and the court, being satisfied therewith, proceeded to administer the oath of office, which was taken according to law. The business transacted at this session was simply to receive and place on record several petitions for the division of certain lands. The next record is that of a term of the supreme court "held at the town of Wilmington, in and for the county of Clinton, on the 10th day of September, in the year of our Lord, 1812," when there were present the Hon. Thomas Scott and William W. Irvin, judges. The cases brought up at the first term were at this one, two years afterward, considered and decided. At the May term in 1813 (same judges present) several divorce suits were brought and continued. Matthias Corwin, Jr., and Samuel H. Hale were examined and admitted to practice at this term of court as attorneys and counselors-at-law in the state of Ohio. At the May term in 1814 the divorce eases of the foregoing term were dismissed with costs to petitioners - in each case the wife. At the same term, Daniel Radcliff was admitted to practice. On May 6, 1816, Isaiah Morris was appointed clerk of the supreme court, and Francis Dunlavy was authorized to practice law in the courts of Ohio.

Story Of A Murder

The early records of this court contain numerous records and cases of assault and battery, divorce, trespass, etc., and one murder case, the history of which is here given as it is found in the Harlan manuscript, written many years ago: :

"It is now more than sixty years ago [now about one hundred] since Peter Peyton and his wife, people of color, came out from Fluvanna county, Virginia, and, having crossed the Ohio, settled in the southwest corner of Clinton county, near the head of Stone Lick creek, in the said county and about a mile southeast of where Blanchester now stands, on John Peyton's survey No. 1174, of one thousand acres. Their motive for coming to this wilderness, so far removed from people of their color and condition, must have been strong, indeed, to have induced them to undertake the venture. So it was. It was to get beyond the rigorous slave laws of the state of Virginia, and to enter into possession of the survey of land above mentioned, to which they had been informed they had, with others of their master's slaves, a good and sufficient title, under the will of the original proprietor, John Peyton, their former master, who had served as captain three years in the American army during the Revolution, in the Virginia line of constitutional establishment. For these services he was entitled to a military warrant for four thousand acres of land, and this quantity of land had been entered and surveyed for him in four surveys of one thousand acres each. One of these surveys lay in Kentucky, in the tract of country lying on the Cumberland and Tennessee rivers; two on the waters of Paint creek, in what is now Jefferson township, Fayette county, Ohio, southwest of South Solon, Madison county. One of these two surveys was patented to Captain Peyton in his lifetime, and the other after his death was patented to John Duncan, Howell Lewis, Langham Duncan and Robert Peyton Duncan, as his devisees, as was also the survey on Stone Lick before mentioned.

"Captain Peyton was the owner of a number of slaves and a large landed estate. He was termed a bachelor, but there seems to have been for many years a morganatic marriage between himself and a Mrs. Duncan, his housekeeper, and he is said to have been the father of the Duncan family. In the latter part of his life he made a will, most in favor of these children and their mother; but he also emancipated Peter Peyton and his wife, and provided for a like boon for his other slaves as they should arrive at a certain age, probably forty years, respectively. He also set aside one of his Ohio surveys for his black people, without designating, however, the one intended for them, and directed that, as each should arrive at the age at which he was to be free, he should be entitled to a lot of this survey of a given number of acres, probably forty. Peter and his wife, under the provision of the will, secured their freedom, and aimed to secure their lands, with what success remains to be told. Captain Peyton's will was so drawn that, instead of securing freedom to each slave on arriving at a certain age, fixed by the will, they were sold into slavery at a distance, and the lands designated for their homes were parceled out among those for whom they were not intended. Soon after Captain Peyton's death, the younger slaves, who had not yet arrived at the age at which they were to be free, were sold without limitation as to the duration of the servitude. Seeing the drift of things, Peter Peyton and wife started on foot for Ohio. They arrived at Stone Lick creek, on the Peyton survey, in the year 1814, as is be lieved. Up to this time the whole survey was in a state of nature, heavily wooded, and, for months of each year, an unreclaimed swamp. Peyton immed@iately went about erecting a cabin, which was a small and rude structure, to live in, and preparing ground for a crop. The settlers were few, and were, in general, late arrivals, with wide reaches of swampy wood between their half-finished cabins.

"Barly settlers are generally proverbial for kindness and reciprocation of rude but well-meant civilities. Peter Peyton thought his neighbors were of another kind. They did not like the color of Peter and his wife; they wanted white neighbors of none; they did not aid him in raising his house; they did not speak to him or of him civilly; they would not associate with 'niggers.' He claimed that they gave him personal abuse. On March 15, 1815, Peter, by Daniel F. Barney (a name unknown), his attorney, commenced suit against Samuel Batson (given Batson on the court record) and Isaac Daniels, laying his damages at one thousand dollars. On May 6, 1815, Mr. Barney unfolded the nature and magnitude of the case. His charge against them was that they assaulted, beat, wounded and illtreated him, so that his life was despaired of, and afflicted other injuries upon him to the damage of one thousand dollars. This, it was claimed, was done with staves, clubs, knives and dogs, and on the - - day of March, 1815. Process was served upon Batson May 16, 1815, and upon Batson and Daniels both May 16, 1815, by Joseph Roberds, sheriff of Clinton county. This suit abated in consequence of the death of Peyton.

"The grand jury at the February term, 1816, was composed as follows: Benjamin Farquhar, foreman, William Austin, Peter Lieurance, Jonathan Fallis, Thomas McMillan, William Stanton, George Richards, Abraham Hester, George Moon, Samuel Reed, David Evans, Owen West, John Wilson, James Haworth and Samuel Cox. They presented that, 'Robert Anderson, late of the township of Vernon, in the county afore. said (Clinton), and John DeWitt, late of the same, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 13th day of November, in the year of our Lord 1815, with force and arms, at the township aforesaid, in the county aforesaid, in and upon one Peter Peyton, a black man, in the presence of God and the state of Ohio, then and there being, feloniously, willfully, purposely, and of their deliberate and premeditated malice aforethought, did make an assault, and that the said Robert Anderson had a certain rifle gun, of the value of fifteen dollars, then and there loaded, and charged with gunpowder and one leaden bullet, which rifle gun, he, the said Robert Anderson, in his hands then and there had and held. to and against and upon the said Peter Peyton, a black man, then and there feloniously, willfully, purposely, and of his deliberate and premeditated malice aforethought, did shoot and discharge, and that the said Robevt Anderson, with the leaden bullet aforesaid, out of the rifle gun aforesaid, then and there, by force of the gunpowder, shot and sent forth, as aforesaid, Peter Peyton, a black man, in and wpon the back part of the head of him, the said Peter Peyton, a black man, then-and there, with the leaden bullet aforesaid, out of the gun aforesaid, by the said Robert Anderson, so and aforesaid shot, discharged and sent forth, feloniously, and of his deliberate and premeditated malice aforethought, did strike, prostrate and wound, giving to the said Peter Peyton, a black man, then and there, with the leaden bullet aforesaid, so as aforesaid shot, discharged and sent forth out of the rifle gun aforesaid, by the said Robert Anderson, in and upon the back part of the-head of him, the said Peter Peyton, a black man, one mortal wound of the depth of six inches, and of the breadth of half an inch, of which said mortal wound the aforesaid Peter Peyton, a black man, then and there instantly died; and that the aforesaid John DeWitt then and there feloniously, willfully, purposely, and of his deliberate and premeditated malice aforethought, was present, aiding, helping, assisting, abetting, comforting, counseling, procuring and maintaining the said Robert Anderson, the felony and murder aforesaid, in manner and form aforesaid, to do and commit; and so the jurors aforesaid, upon their oath aforesaid, do say that the said Robert Anderson and John DeWitt, the said Peter Peyton, a black man, then and there, in manner and form aforesaid, feloniously, willfully, purposely, and of their deliberate and premeditated malice aforethought, did kill and murder contrary to the form of statute of the state of Ohio, in such case made and provided, and against the peace and dignity of the state of Ohio.

"At a court of common pleas holden at Wilmington, in the county of Clinton and the state of Ohio, on the 6th day of February, 1816, before the Hon. Francis Dunlavy, president, and Jesse Hughes, Thomas Hinkson and George McManis, his associate of the court of common pleas of the county aforesaid, the jury was impaneled. On the 6th day of May, 1816, before the Hon. Ethan A. Brown and Jessup N. Couch, Esqs., judges of the supreme court of the state of Ohio, assigned to keep the peace, etc., came as well as the said John DeWitt in his own proper person, as William R. Cole, Esq., who prosecutes for the state of Ohio in their behalf. Whereupon the said John DeWitt, by Thomas Freeman, Esq., his attorney, who moves the court here that he (DeWlitt) be discharged for the reasons following, towit:

"'Recause, first, this court has no jurisdiction to try the defendant; second, the court of common pleas, at the term of February, 1816, had no power or authority to indict the defendant in manner as they have done, they having first, at a called court, in November, 1815, committed him to prison, to be tried in the supreme court; third, no legal jury can be made in this court to try him; fourth, the prosecutor has not summoned a grand or traverse jury to attend this court, either to indict or try the defendant on said charge. For these causes and others that may be urged, the defendant moves as above he has moved the court. Thomas Freeman, attorney for defendant, May 7, 1816.'

"Whereupon, all and singular the premises being seen and by the said supreme court now here fully understood, it is considered and ordered by the court that the said John DeWitt do take nothing by his motion aforesaid, but that the said be overruled.'

"Afterward, in the same term of May, the defendant, DeWitt, by his attorney, moved the court to quash the indictment. After hearing the reasons and arguments of counsel: 'But because the court will advise themselves of and upon the premises before they give their judgment thereon, day is given as well to the said William R. Cole, Esq., who, ete., as to the said John DeWitt, here at Wilmington, until the 12th day of May next to hear their judgment thereon, because the court now here thereof not yet, etc.' The defendant (DeWitt) was therefore remanded to the jail of Clinton county. At the May term (May 12), 1817, of the supreme court of the state of Ohio, before the Hon. Ethan A. Brown and John McLean, Esqs., judges of the supreme court of the state of Ohio, the case was continued until May 9, 1818. At the May term, 1818, the prosecuting attorney, William R. Cole, entered a nolle prosequi in the case."

(See Supreme Court Record No. 2, Clinton County, for the foregoing facts, and for the proceedings on the trial of Samuel Batson on a similar charge, pages 6 to ib inclusive. )

"Samuel Batson, on November 23, 1815, executed his sealed note to Thomas Freeman for two hundred dollars, payable in six months. (See Second Common Pleas Court Record, Clinton County, Ohio.)

"Peter Peyton was living in his house when killed. He was forcibly taken to the woods, not far from his house, and there shot from behind by DeWitt. He re sisted capture to the last, but was overpowered and tied. The place of his death is still shown. His former residence was on a lot adjoining the farm of Peter Rude, on Stone Lick. Peyton's wife had no children. She was kidnaped by DeWitt, Batson and others, the murderers of her husband, and then offered for sale; but, being somewhat old, a purchaser could not be readily found. At length she was offered for sale to a man whose wife suspected that all was not right. She inquired as to the kinds of work the old colored woman could do, and refused to buy without having an exposition of her skill. This was consented to. In the kitchen the black woman was questioned closely, and thereupon told the story of the murder of her husband and the kidnaping of herself. DeWitt was arrested, but on his way to the jail, feigned to have a falling fit, and fell from his horse. This caused an abatement of vigilance on the part of his guard, so that he was able to escape, and he was never afterward arrested."

The Early Judges

The courts of the county have been traced from their establishment on through the successive changes, and now attention is turned from the offices to the officers who served these courts, and also the active lawyers who served in these courts.

A. H. Dunlevy, of Warren county, Ohio, in a letter written in 1875 upon "Wilmington Sixty Years Ago," published in the Wilmington Journal, speaks thus of matters pertaining to the early courts and bars:

"The scenes which I witnessed at Wilmington in the spring of 1815, the first time I visited it, are all passed away. The few inhabitants then dwelling there are probably all gone, and a new people occupy their places. Isaiah Morris, who then lived there, was clerk of the court, an office which he filled subsequently, for over twenty years. Francis Dunlavy was presiding judge; Peter Burr, Jesse Hughes and Thomas Hinkson, if my recollection is correct, were the associate judges, and William R. Cole, who settled here in 1812, was prosecuting attorney. He was the successor in that office of James Montgomery, who came to Wilmington in 1810, and removed to Fayette county in 1813. He was the first member of the bar in Wilmington, Mr. Hale the second member, and Mr. Cole the third member. Court was held in a log house near the site, or on the same spot. where the court house now stands. * * * Samuel H. Hale (who lived to be the oldest member of the Miami or Scioto bar) purchased the Western Star in 1809 from Nathaniel McLean and sold out two years afterward, re moving to Wilmington. Benjamin Hinkson commenced practice in 1820. * * * Wilmington was almost the only place where the Miami and Scioto bars. met at the courts, and it being then customary for lawyers to ride the circuit almost as regularly as the presiding judge, it was an occasion of great interest to see the members of both bars together, and frequently testing their legal knowledge and powers of advocacy before the same tribunal. The late William Creighton was one of the ablest of the Scioto bar, and Richard Douglas, or "Dick" Douglas as he was usually called, was more noted for his ready wit than for his legal talent, though I believe a good lawyer. Both were from Chillicothe, and frequently in attendance upon the Wilming- ton courts, and there they met John Alexander, of Xenia, and Thomas Corwin, Thomas Ross and others, of Lebanon, and, in early times, Thomas Morris and O. T. Fishback, of Williamsburg, then the county seat of Clermont. William R. Cole came to the Wilmington bar, as near as I can recollect, about 1812, and remained over twenty years."

Judge Francis Dunlavy (spelled by other members of the family Dunlevy), the first presiding judge of the district which included what is now Clinton county, re sided in Warren county, near Lebanon. Judge Harlan said of him: "He was born near Winchester, Virginia, about 1761 or 1762. At the age of fourteen years he entered the army of the Revolution as a substitute for a man with a large family. He served in several campaigns, mostly against the Indians. In the summer of 1778 he assisted in building Ft. McIntosh, on the bank of the Ohio river, a few miles below Pittsburgh, This was the first American fort north of the Ohio river. In May, 1782, he was with the unfortunate expedition from the Ohio and Washington county, Pennsylvania, under command of Colonel Crawford, to destroy the Delaware and Wyandot towns on the Sandusky river. Mr. Dunlavy and two others escaped from the field of the defeat and made their way safely through the woods to Ft. Pitt. Without having studied law or having been called to the bar, he was elected by the General Assembly of Ohio, at its first session, in December, 1808, president judge of the first judicial circuit of Ohio; yet he held the office for fourteen years, or until 1817. He rose by the successive steps of schoolmaster, member of the Territorial Legislature, and member of the first constitutional convention of Ohio, to the important position. He was forty-one years of age when elected to the office of judge. Strictly honest, he had no motive to do wrong and every motive to do right. He had a quick perception, a clear and logical understanding. He must on the bench, at least first, have keenly felt his want of legal study and the technical knowledge of proceedings in a court of justice. With these he never became familiar, but must have overcome them to a certain extent. We have slender means of knowing how he performed his judicial duties, but we may infer from his great good sense and love of justice among men that he was able to arrive at the justice of the case brought before him. In qualifying himself for the discharge of his duties, he was aided by an excellent education. Immediately after his election, he began earnestly the study of law. Being of quick and solid parts, he soon acquired a fair amount of legal knowledge, which, turned to good account, enabling him to decide debated points with general accuracy and to detect the sophistry of attorneys who had given their days and nights to the study of Bacon, Blackstone and Coke. He was admitted to the practice of law at the May, 1816, term of the supreme court of Ohio."

Peter Burr immigrated to this country in 1798. Judge Burr was a justice of the peace in Warren county before the establishment of Clinton county. He was one of the two members of the House of Representatives from Warren county in the fourth and fifth sessions of the General Assembly, serving with Matthias Corwin on each occasion. After serving in the capacity of associate judge for about three months, a vacancy occurred in the office of clerk of the court of common pleas for the county and he was appointed to fill it, first by a pro tem. appointment, June 21, 1810, and afterward for the full term of seven years, June 4, 1811. In 1814 he was elected clerk of the supreme court. He died holding both of these offices. Judge Burr had not the qualification for the office of clerk. He wrote a poor hand, and was wholly unacquainted with the substance and forms of the simplest legal entry. He was a surveyor and was often appointed by the county commissioners to survey the proposed routes for new roads. Judge Burr died on August 8, 1816.

Jesse Hughes was born January 22, 1767, and came to this county, originally, from Berkeley county, Virginia. His early life was spent in Indian warfare and early pioneer life characteristic to the settlers of that date. He was re-elected to the office of associate judge three successive times, serving twenty-eight years in all. It is not supposed that Judge Hughes, owed his elevation to the bench to his knowledge of law. for he made no pretentions to legal learning. He owed far more to his high moral character, good sense and unimpeachable integrity.

Thomas Hinkson was born in Westmoreland county, Pennsylvania, in 1772. Mr. Hinkson also accompanied many expeditions against the Indians and gained some yaluable experiences which enabled him to deal with his fellow men. He was elected to the office of justice of the peace of Highland county and served until 1810. He was a farmer and also store keeper by trade and had no actual knowledge of law when he took his office as associate judge. Mr. Hinkson removed to Indiana in 1821.

George McManis was successor to Judge Burr. He took his seat upon the bench, September 10, 1810. Before this he had served the county as commissioner, which office he was still holding at the time of his election to the judgeship. Judge MceManis was born in Philadelphia, March 16, 1766. He came to this part of the state in the spring of 1808. He served the county two terms on the bench, from 1810 to 1824. Judge Hughes died March 16; 1826.

Aaron Sewell was elected, in 1817, by the General Assembly of Ohio one of the associate judges of Clinton county to fill the vacancy on the bench occasioned by the expiration of the term of Judge Thomas Hinkson. He was elected in 1824, and again in 1831; whole term. twenty-one years. Mr. Sewell was born in Loudon county, Virgimia, August 27, 1774. In 1814 Judge Sewell was elected justice of the peace for Yernon township. The office was one of great dignity at that time and was generally bestowed upon the most substantial citizens. In conversation, Judge Sewell. was not a many of many words, but he expressed his ideas clearly, sensibly and candidly. His integrity was beyond question and his moral character unblemished. He died January, 1842. . Benjamin Hinkson was born in Cynthiana, Kentucky. He immigrated to Clinton county with his father, Judge Thomas Hinkson. He became deputy clerk of the court for Fayette county. He was admitted to the bar and began the practice of law in Wilmington in 1820, which he continued until elected secretary of state for Ohio, in 18384. In 1836 he was elected president judge of the eourt of common pleas for the judicial district composed of the counties of Clinton, Warren, Butler and Greene. At the close of his term of seven years as judge, he resumed for a time the practice of law, but his interests returned to the farm and, in 1852, he retired from the law field and engaged in stock raising. Dr. A. Jones, who knew Judge Hinkson intimately, spoke of him in these terms: When he first appeared in court, at the age of twenty-one, he was modest, courteous and gentlemanly. We have met but few men, perhaps none, who possessed a higher sense of honor, a greater veneration for truth, than did Judge Hinkson. Untruth and insincerity had no abiding place in his mind or heart; benevolent, generous and kind, he was ever ready and willing to aid the needy. In March, 1877, Judge Hinkson died of paralysis, in the seventy-eighth year of his age.

The preceding were the early judges of the district, all prominent as pioneers and members of the judiciary. Our sturdy settlers seem to have been of the opinion that good character, sound sense and judgment, and unimpeachable integrity were qualifications quite sufticient to enable a judge to do justice between man and man in general, and if these were known to be possessed by the judge, no others were deemed necessary. How far in error were they? The schoolmaster, without a knowledge of technical law, generally found means to arrive at the justice of the case brought before him, and those without previous study of law were seldom at a loss to find law to support the right and were seldom able to see any to sustain wrong. They lived in times which many of this generation seem to regard as only once removed from barbarism. This is a great mis- take. Where could be found men of better walk and conversation than Judge Hughes, Judge MeManis and Judge Sewell? Or, ascending to a higher rank of judges, examine the moral standing of Judge Dunlavy, of Judge Collett and of Judge McLean - everyone a Christian gentleman.

Early Members Of The Bar

The first lawyer to settle in Clinton county was James Montgomery. He was first licensed to practice law at Lebanon in 1803, at the first term of the supreme court in, Warren county. His name appears on the records of our courts for the first time at the fall term of the common pleas court, October 18, 1810. On that day the court appointed Mr. Montgomery to the office of prosecuting attorney for the county, at a salary of sixty dollars per year. During Mr. Montgomery's entire stay here he was without a rival, but he had by no means all of the business of the courts. Two reasons may be assigned for this. He may not have been a lawyer of great skill and talent. while several of the non-residents of the bar who practiced in this court were lawyers of great skill, legal talent, learning and ability. He probably left this county before 1813 as we find a record where he is called a citizen of Fayette county, in June, 1813.

The honor of being the second lawyer in this county is awarded by Judge Harlan, to W. R. Cole, while A. H. Dunlavy accords this honor to Samuel R. Hale. Both came to this county in the latter part of 1812.

William R. Cole was born in the city of New York, in 1780. He was reared and educated in Lexington, Kentucky. He was licensed to practice law by the supreme court at Cleveland, August 18, 1810. On the 5th day of October, 1812, Mr. Cole was elected by the court of common pleas to the office of prosecuting attorney. This position he held until the second Tuesday in October, 1834, when the office became elective by the people. Mr. Cole removed to Indiana in the month of April, 18837. He died April 10, 1847. A friend writing of him said, '"'He died in the ripeness of his intellect, and fullness of his Christian faith and hope."

Samuel R. Hale was born. February 14, 1787, in Randolph county, North Carolina. His father was a wagon-maker, in whose shop Samuel served until he had reached the age of twenty years. He had very little actual time for attending school, but he was a great reader, especially of historical and biographical facts. In 1810, he moved to Lebanon, made the acquaintance of Hon. John McLean, and commenced the study of law with him. The Western Star was published by this firm of McLean & Hale. Toward the close of 1812, Mr. Hale removed to Wilmington, bringing with him his young wife, whom he had married only a short time before, and started in the practice of law. Dr. Jones says: "The life of the advocate was too monotonous for his active temperament. Full of impulse and energy, he could not confine himself to. the practice of law. He could not remain quiet and soon engaged in a multifarious trade. In the latter part of 1812 he opened a hotel in Wilmington and invested capital in a stock of goods and groceries. In 1813, he was elected to the General Assembly of Ohio, and in December of that year, when the Legislature met at Chillicothe, he took his seat as representative from Clinton county. We was very philanthropic, but was also very interested in the affairs of the town and county and contributed liberally to anything for the uplift of humanity - schools, churches and libraries. He again took his seat in the Legislature from 1822-25. He retired from public life after serving in the State Senate in 1828-29. After a long period of prosperity, he at last met reverses and lost his fortune."

Daniel Radcliff was born on the South branch of the Potomac river, in Maryland. He was admitted to the bar and licensed to practice law in Kentucky in 1812. Two years later he removed to Ohio and was licensed a second time. He followed his profession for several years. He served as county treasurer of Clinton county for eight years, and. as justice of the peace for Union township from 1818 to 1829. He removed to Illinois in 1836.

Franklin Corwin came to Wilmington in 1840. He was sent to the Ohio House of Representatives, and the district composed of Clinton, Greene and Fayette elected him to the Senate. He later removed to Illinois, where he took an active part in the politics _of that state. = i Samuel Buck was born in Westmoreland county, Pennsylvania, March 7, 1780. In 1799 he settled in Ohio, near Chillicothe, where he studied law. He was admitted 'to practice in Lancaster by Judges-Irvin and Thomas Scott, in 1818. He came to Wilmington in 1827 from Hamilton, Butler county. He died in Greene county, October 27, 1862.

Carter B. Harlan was elected in 1834 to fill a vacancy caused by the resignation of Benjamin Hinkson as member of the Legislature of Ohio from Clinton county. Prior to this time he had been admitted to the bar. He was elected secretary of state of Ohio, and died during his term of office, while yet in his prime.

Griffith Foos resided in this county for twenty-three years. He was a printer and in 1829 was at the Wilmington bar. He served as prosecuting attorney from 1835-39. At one time Mr. Foos and R. B. Harlan, when in the midst of a trial of a case, found that the deposition of a person in Augusta, Kentucky, was necessary to its success. Mr. Foos agreed to hold the attention of the jury while Mr. Harlan went on horseback to Augusta, procured the deposition, and returned. This he did successfully until Mr. Harlan appeared inside the door of the court room on his return, when Mr. Foos said: "With these few remarks I close." Mr. Foos represented, in 1840-41, in the state Senate, the district composed of Clinton, Brown and Clermont counties. He died in Anamosa, Iowa, on September 12, 1857.

The following is a list of lawyers who practiced in the Clinton county court from 1810 to 1884. Those whose names are prefixed by a star are deceased ?

Since 1884 all lawyers have been admitted at Columbus and the following alphabetical list gives the most prominent of those who have practiced in Clinton county. The dates of their admission to the bar have not all been found. Many have moved away from the county and many others have died, so it has been found impossible to establish the exact date when they began to practice. The list follows: P. E. Aldridge,

Three of these lawyers have been in Congress: R. E. Doan, John S. Savaae and Chilton A. White. White was a resident of Clermont county at the time he was elected to Congress. I. W. Quinby was at one time a judge in the appellate division of the bureau of pensions at Washington, D. C. The present officials of the local courts are Edward J. West, of the common pleas court, and Levi Mills, of the probate court. *

President, Associate And Common Pleas Judges

Francis Dunlavy, president judge, 1810-17; Jesse Hughes, associate judge, 1810-38; Thomas Hinkson, associate judge, 1810-17; Peter Burr, associate judge, 1810; George McManus, associate judge, 1810-24; Aaron Sewell, associate judge, 1817-38; Joshua Collett, president judge, 1817-29; James Dakin, associate judge, 1824-38; George Smith, president judge, 1829; Morris R. Chew, associate judge, 1838-43; Abraham How, associate judge, 1838-43; Benjamin Hinkson, president judge, 1836; George McManis, Jr., associate 'judge, 1838-43; Elijah Vance, president judge, 1843; Jesse Hughes, Jr., associate judge, 1843, to February, 1851; David F. Walker, associate judge, 1843-51; Isaac Thornburg, associate judge, 1843-51; John Probascor, Jr., president judge, 1849-51; Stephen Evans, associate judge, February, 1851; Isaac Collett,. associate judge, February, 1851; T. D. Austin, associate judge, February, 1851; Ralph S. Hart, district judge, 1852; W. A. Rogers, president judge, 1851; W. H. Baldwin, president "judge, 1855; James Clark, 1856; Robert B. Harlan, president judge, 1855-57; William White, president judge, 1857; George J. Smith, 1859; W. J. Gilmore, 1859; George Johnson, 1860; J. J. Winans, W. J. Gilmore, 1867; LeRoy Pope, 1869-74; A. W. Doan, 1875-90; D. B. Van Pelt, 1890-1900; W. W. Savage, 1900-1902; Felix J. Sloan, 1902-1908; Edward J. West, September 4, 1908, to the present time.