Columbiana County, Ohio - Chapter 9: Courts of Law, 1879

Chapter 9: Courts of Law

The first courts in the county of Columbiana were organized under the State constitution adopted Nov. 29, 1802. By that constitution the judicial power was 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 might from time to time establish. No others were established in the county under the first constitution.

The Supreme Court consisted of three judges, appointed for terms of seven years or during good behavior, any two of whom might form a quorum, and was held once a year in each county.

The Court of Common Pleas consisted of the president of the circuit (there having been one president appointed in each of the three circuits of the State) and at least two associate judges. 'The latter - at least two, and not more than three - were appointed in each county. The terms of members of this court were the same as of those of the Supreme Court, - seven years, or during good behavior.

The judges of the Supreme Court and Court of Common Pleas had criminal jurisdiction as defined by law ; the latter hud common law and chancery jurisdiction, and also jurisdiction in matters testamentary, and were essentially a court of probate.

The judges of the Supreme Court were made conservators of the peace in the State, the presidents of Common Pleas the same in their respective circuits, and the judges of Common Pleas conservators of the peace in the county.

Section eleven provides for the election of a competent number of justices of the peace by the qualified voters in each township for terms of three years.

Courts Under The New Constitution

The Supreme Court consists of five judges chosen every five years by the electors of the State at large, any two of whom shall form a quorum.

District Court. The State is divided into nine common pleas districts, and each district into three subdivisions. In each sub-district one judge of Common Pleas is elected by the voters thereof. The District Court is composed of the judges of Common Pleas of the district, and one of the judges of the Supreme Court, any two of whom shall constitute a quorum. This court is held yearly, and in common with the Supreme Court lias " original jurisdiction in quo warranto , mandamus, habeas corpus, and procedendo, and 1 such appellate jurisdiction as may be provided by law.' " The constitution also provides that " Courts of Common Pleas shall be held by one or more of these (Common Pleas) judges in every county in the district."

The Probate Court is a court of record, " open at all times, and holden by one judge elected by the voters of the county for three years." It has jurisdiction in matters testamentary, and possesses the usual powers of a Probate Court.

A clerk of the Court of Common Pleas, who is also clerk, ex officio, of all other courts of record in the county, is elected by the voters thereof " for the term of three years, and until his successor is elected and qualified."

Supreme Court

The first court held in Columbiana County was a term of the Supreme Court, convened on the 14th day of June, 1803, " at the house of Matthias Lower," in Fairfield township. The judges present were the Honorable Samuel Huntington and William Sprigg, Esq.

The barn of Mr. Lower, built of logs, appears to have been the precise spot where that and the succeeding sessions of the court were held. The following certificate is the principal remaining evidence concerning the first court :

" I do hereby certify, that at a Supreme Court, held at the house of Matthias Lower, in the county of Columbiana aforesaid, the fourteenth day of June, in the year of our Lord one thousand eight hundred and three, before the Honorable Samuel Huntington and William Sprigg, Esq., Judges of the said Supreme Court, that William Larwell, of Pittsburgh, in the State of Pennsylvania, Esquire, was admitted as attorney and counselor of this court, and authorized to practice as such in the several courts of record in this State.

"Be it known that Reasin Beall, within named, is Clerk of the Supreme Court of said State, and as such is entitled to full faith and confidence in all his official acts and proceedings.

The first session of the Court of Common Pleas was held July 26, 1803, and, like the first session of the Supreme Court, was held at the house of Matthias Lower, by Calvin Pease, President Judge, and Robert Simison, Henry Bachman, and William Smith, Associate Judges. Reasin Beall was Clerk ; and John Crozer, Sheriff. The following persons composed the first grand jury: Enos Thomas, Foreman, Moses Blackburn, John Bradfield, Jason Moreland, William Wells, Isaac James, Rudolph Bair, Benjamin

* The first court held in the Northwest Territory was that of the Court of Common Pleas, at the Campus Martins, in Marietta, Sept. 2, 1788. Concerning this tribunal, General Rufus Putnam, who was present, said, " Happily for the credit of the people, there was no suit, either civil or criminal, brought before the court."

Wright, Emanuel Dixon, William Ferrall, Lewis Kinney, Joseph Pennock, James McConnell, William Hatcher, Francis Andrews, Samuel Red, William Harra, Nathan ILeald, Benjamin Anderson, William Heald. The attorneys were Obadiah Jennings and Samson S. King, from Steubenville, Benjamin Tappan, from Ravenna or Canfield, - afterwards President Judge and United States Senator, - and William Larwell, a resident of the county.

The first suit tried was that of the United States against Edward Campbell. It is said that the jury sat on a log while making up their verdict, and also that it was difficult to transact the business of the court because of the neighing of horses. f

On the 6th day of September, 1803, the court held a session at the house of Matthias Lower, and levied taxes on five townships, amounting to three hundred and forty dollars and sixty-six cents, and appointed as collectors thereof, for Springfield, Peter Musser; Middleton, John Gartner; Salem, George Bair; St. Clair, Hugh Clark; Centre, Isaac Pearce.

On the 9th of September, at an adjourned session of the same court, it was " ordered that the specified sum of money in an article between the associate judges and Lewis Kinney be appropriated and paid out of the county treasury to the said Lewis, when the said Lewis complies with his contract in building a court-house on lot numbered one hundred and sixty-six in the town of New Lisbon, to be erected forty feet back on said No. 166 and sixteen feet north of the south side thereof, which sum amounts to $150 ;" and further ordered " that Reasin Beall ascertain by actual measurement the spot of ground upon which said court-house is to be erected.";);

Sept. 9, 1803, the court ordered that "there shall be paid out of the county treasury for this present year on the order of the clerk of said county, to be granted upon any justice's certificate of said county, one dollar and fifty cents for every wolf or panther's scalp not exceeding six months old, and the sum of three dollars for every wolf or panther's scalp of the age of six months and upwards."

At the same session the court ordered payment " to Robert Simison, Esquire, one of the associate judges of said county, of the sum of forty-three dollars and fifty cents, it being for services rendered in contracting for the building the court-house, jail, dividing the county into townships, laying the county rates and levies, clerking, fur-

J The same court ordered that Reasin Beall issue advertisements for proposals " for the erecting a stray-pen on the east end of lot numbered one hundred and sixty-nine, to he built with white-oak posts squared to the size of four by ten inches, to bo sunk two and a half feet in the ground, and show six and a half feet above ground and to bo set ton feet from each other, with a sufficient number of rails put into the same to raise a fence six feet high, the apertures between the rails for two feet from the ground not to exceed three inches, and the apertures between the rails of the next two feet not to exceed live inches, and the rails of the succeeding two feet to be a reasonable distance from each other; a gale five feet wide and six feet high to be hung with iron hinges to sufficient posts, the gate to be of laths mortised into a frame, and the frame to he supported by two braces passing diagonally from each corner to bo mortised to the frame aforesaid, for which the said Reasin is not to allow a larger sum than ono dollar per pannel, the pen to be fit) feet square." nisliing stationery, and so forth and to Henry Bachman thirty-five dollars for similar service, ''except clerking," etc. ; and to William Smith thirty dollars. Bachman and Smith were also associate justices.

On the 1st of December following, the court ordered payments as follows : to Reasin Beall as clerk of sessions, $20 ; to George Atterholt as sheriff, $20 ; and for two boxes for clerk of county, $2 ; to Jesse Bachman fur four election boxes, $8 ; to William Smith for one ticket-box furnished, $2 ; and to the same " when he pins the upper rails to the stray-pen," $1.