Coshocton County, Ohio - Chapter 10: The Courts and the Bar, 1876

The first term of the Court of Common Pleas for Coshocton county was held on the 1st day of April, 1811. By the legislature the county was placed in the judicial district over which Hon. William Wilson, of Licking county, was president judge. William Mitchell, Peter Casey, and Isaac Evans, three substantial citizens of the county, were also designated as associate judges. The court sat in the parlor of Colonel Charles Williams' hotel, as elsewhere stated. Some choice hickory-wood had been cut for the occasion, and "mine host" was doubtless in his best humor, feeling the importance of the occasion and his own importance as one of the head men of the new county and the host of the court. It is said new hunting-shirts were plenty in town that day. It must, however, have somewhat diminished the glory of the occasion that the president judge did not put in an appearance. The three associates were on hand, and the court "sat" with becoming gravity. Cornelius Van Kirk was sherifi", and the court appointed Adam Johnston clerk for the term. Johnston was also appointed recorder for the term of seven years, and the only other business transacted at that term was the ordering of elections for justices of the peaee for the townships of Tuscarawas, Washington, and ISTew Castle, one each, and for Franklin two. The legislature had provided for three terms of court for that year, as was done for many years thereafter. The second term was held in September. At that Judge Wilson was present, as also the three associates already named. The full-blown dignity of the court was then attained. Thomas L. Rue was appointed clerk 'pro tern. A grand jur}^ was sworn, consisting of the following persons, viz : James Turner, James Craig, Benjamin Fry, Samuel Clark, Samuel Hardesty, John Harrison, Isaac Workman, Charles Miller, Michael Miller, Windle Miller, Henry Miller, Philip Wag- goner, Francis McGuire, and John Mills. The jury reported " no business." The docket showed three cases. In two the writs were quashed, and the other case was " continued." At the December term the judges were again all present, and business began to grow more lively. Adam Johnston was appointed clerk for seven years. Elections for two more justices of the peace were ordered for Tuscarawas township and one for Oxford. The most important case tried was that of Charles Williams against Adam Markley ; verdict, nine dollars and sixty cents damages for plaintifi'. Lewis Cass (afterward so prominent even in E'ational affairs) was Williams' attorney.

The legislature had provided that no term of the court should extend beyond twelve " working days." For the first few years actually from one to five days were occupied. The cases were largely criminal, and especially relating to crimes against the person, assault and battery and slander abounding. The sums involved in civil suits seem insignificant in these days. Pretty large figures were, however, sometimes put upon the records, as, for instance, when a decree was, without resistance, taken requiring Matthias Denman * to execute a certain conveyance on penalty of having to pay $30,000. Among the curiosities as now regarded of the criminal proceedings of the early days is the sentence passed at the December term in 1814 upon one Zeba French, convicted of passing a counterfeit note of the " Miami Exporting Company," viz., that he should be tied to the public whipping-post and receive thirty-nine lashes upon his bare back ; also be fined twenty dollars and costs, and be imprisoned thirty days in the county jail. The two " unpardonable sins " with the early settlers of most countries have been passing counterfeit money and stealing horses.

* He was the grand-father of A. D. and Martin Denman, living in Springfield, N. J., and at that time a very large landholder in Coshocton county.

ville.* He served two terms, and was succeeded in April, 1836, by C. AV. Searl, also of Zanesville. Richard Stillwell, of Zanesville, was the next president judge. Owing to ill health he was not able to attend for several terms of court in Coshocton. About the end of his term of ofiice Coshocton county was placed in another district, and James Stewart, of Mansfield, became president judge, lie w^as present at only a few terms of the court before the change was made under the new constitution. The first judge to sit at Coshocton under that instrument was Martin Welker, then of Holmes county, now judge of the United States District Court for the IlTorthern District of Ohio. Having served one term of five years, Judge Welker was succeeded in 1857 by "William Sample, of Coshocton. He served for nearly two terms - ten years - (C. F. Downing, of Wayne county, serving two months in consequence of Sample's resignation), and was succeeded in 1867 by William Reed, of Holmes county, the present incumbent.

Under the old constitution three citizens were designated by the legislature to occupy the bench as associate judges. Their terms of ofiice were the same as those of the president judges, viz., seven years. The following citizens served in that capacity: Isaac Evans, William Mitchell, Peter Casey, Lewis Vail, Joseph W. Pigman, Thomas Johnson, Benjamin Robinson, Mordecai Chalfant, John Mitchell, James Robinson, John Crawford, James Le Retilley, Robert Crawford, Benjamin R. Shaw, Samuel Elliott, Josiah Harris, and James M. Burt. Messrs. Casey, Johnson, John Crawford, and Le Retilley were reappointed. John Mitchell served for a brief time, filling a vacancy. Messrs. Harris and Burt served only a few months, having been inducted just before the adoption of the new constitution, by which the ofiice was abolished. B. R. Shaw now resides in Knox county. Messrs. Harris and Burt are still in the county. The others are all dead, and their sepul-

* Harper bad frequently visited Coshocton as a lawyer, and for several years had acted as prosecuting attorney for Coshocton county. He was exceedingly popular with the bar and also with the citizens. A. H. Spangler and A. H. Fritchey are witnesses - by their names - for this appreciation by both classes.

cliers, except that of Peter Casey, who was buried in what is now Hohnes county, are with us to this day. For the times and their work, it is claimed that these gentlemen were, almost without exception, well chosen. It has been insisted by some of the ablest lawyers that the associate judge courts oftentimes correctly accomplished an amount of business not always attained under the present system.

There was little claim, by or for these associate judges, of any special knowledge of the law, and the system under which they served came in time to be regarded as a sort of wagon with five wheels - a third estate between the judge proper and the jury, and not demanded in settling either the law or the facts. One of the commonest jokes of their day w^as that telling of the man who declared that it was terrible to be brought before a court of a thousand men - the president judge being one (1), and the three associates the three ciphers (000).

Under the old Constitution, a term of the Supreme Court of the State was to be holden in each county. In pursuance of this order, the first term of that court was held in Coshocton in 1814, and every year (except one) thereafter until 1851. The judges who were first detailed were W. W. Irwin and Ethan Allen Brown. Afterward came P. Hitchcock, Jacob Burnet, John C. Wright, Charles R. Shernan, Rufus P. Spalding, and others - indeed, most of the judges of the Supreme Court.

Under the Constitution of 1851, a District Court was provided for, and has annually sat in Coshocton. For some years one of the three judges required for this court must be of the Supreme Bench, but under a more recent law the court is made up of the Common Pleas judges of the district.

The Probate Court having special relation to social conditions and primary cognizance of all forms of disposal of property, whether by assignment, testament, or ordinary rule of inheritance, together with concurrent jurisdiction in certain matters of criminal sort, was organized under the Constitution of 1851. It is in daily (week day) session for some kinds of business, wdiile for criminal and some other matters terms are appointed. The first judge of this court was Thomas Campbell, Esq., of Coshocton, who came into office in 1852, and served (the prescribed term) until 1855. C. S. Barnes, of Bedford township, was the next incumbent. Then John T. Simmons, Esq., of Coshocton, served two terms, 1858 to 1864. M. C. McFarland, Esq., of Coshocton, served from 1864 to 1870.

Joseph Burns, of Coshocton, was the next judge, taking the office in 1870. He died in May, 1875, and Governor Allen appointed F. "W. Thornhill, of Coshocton, to serve until the fall election, and at that he was elected to till out Burns' unexpired term. Alex. Hanlon, of Mill Creek township, at the same time was elected for the full term, and is the present incumbent.

Wright Warner was the first lawyer resident in Coshocton, coming to the place in the spring of 1811. At the September term of the court in that year, he was appointed prosecuting attorney for the county. In a little time he incurred the displeasure of Colonel Williams, and there was a rencounter, followed by several lawsuits for assault and battery, slander, etc., and in 1814 he left the place, removing to IsTew Philadelphia, where, for a number of ^^ears, he was in practice, serving also as prosecuting attorney of Tuscarawas county. Nearly cotemporaneous with him was Aaron M. Church - a New Englander and protege of Dr. S. Lee. He died very suddenly with the " cold plague "' in 1815. Neither the amount of business done by these gentlemen (Warner received sixty-five dollars for his year's service as prosecuting attorney, and Church left property valued at forty -five dollars), nor their experience was very encouraging to other lawyers to settle in the place. Indeed, for several years the little legal business done seems to have been attended unto by " foreign lawyers," chiefly from Zanesville, such as Lewis Cass, Alexander Harper, Wyllis Silliman, E. B. Munroe, S. W. Culbertson, and Ebenezer Granger.* The next resident lawyer seems to

*One lawyer set up in 1819, but the poor fellow was driven, by dull times, to picking up a little in a merchant's store, and soon " lit out." He may have done better in later years, and so his name is withheld.

have been Wm. G. Carhart, in practice about 1821. His practice does not seem to have absorbed his time, and other matters increasingly received his attention. He was of the Carhart family, still well represented in the county. He was born near the mouth of Little Miami river ; studied law in Louisville, Kentucky ; came to Coshocton county in 1821 ; was a partner in a store, in a tannery, in the " Union Flouring Mill ;" went to California, and is now living in Ottumwa, Iowa.

About 1825, Samuel Rea commenced practice. He was from Harrison county ; was elected county treasurer ; continued to practice more or less until his death, which occurred (by drowning, as detailed under head of county officers,) in 1834. The next resident lawyer was ISToah H. Swayue, coming primarily from Virginia, but directly from Belmont county, in 1827. He was prosecuting attorney for several years; in 1832 removed to Columbus, and is now on the bench of the United States Supreme Court, in Washington, D. C.

James Matthews, born in Columbiana county, read law with Hon. H. H. Leavitt, of Steubenville ; came to Coshocton in 1829 ; was in the Legislature and in Congress ; removed to Knoxville, Iowa, in 1855.

Geo. Willys Silliman, native of Muskingum county, educated at Ohio University and at West Point Military Academy; studied law and was admitted at Zanesville; came to Coshocton about 1830. Soon went to Spain as bearer of dispatches from United States government to C. P. Van Ness ; returned to Coshocton in 1833 ; served several years as prosecuting attorney, holding the office till his death. Went to Europe in summer of 1843, and died at sea on the return voyage.*

The lawyer next becoming a resident was David Spangler. He was born in Sharpsburg, Maryland ; came to Muskingum county in 1802 ; studied with Alexander Harper ; admitted in 1824 ; came to Coshocton in 1832 ; was two terms (1834-38) in Congress ; died in 1856.*

T. S. Humrickhouse, born in Fayette county, Pennsylvania ; graduated at Washington College ; studied law with T. M. T. McKennan, of Washington, being admitted in 1832. In November of that year came to Coshocton ; abiding a year to acquire citizenship, was admitted at Lancaster in 1833 ; served a few terms of court as prosecuting attorney for G. W. Silliman ; disabled by accident in 1847, and soon gave up practice ; now in the nursery and sheep business.

Josephus Ricketts, born in Muskingum county; read with N. H. Swayne ; succeeded him as prosecuting attorney ; resigned, and soon gave up practice ; removed to Millersburg and went into real estate operations ; now in Toledo.

Thomas Campbell, born in Jefferson county (Steubenville) ; came with his father's family to Adams township, Coshocton county, in 1831; studied at Franklin College ; came to the town of Coshocton in 1835 ; taught school and read law with James Matthews ; commenced practice in 1841 ; has been prosecuting attorney and probate judge.

Thomas W. Flagg was born in Rochester, New York ; came to Coshocton in 1838 ; commenced practice in 1840 ; gave up practice and was chiefly engaged in newspaper work ; died May 16, 1863.

J. M. Love, from Virginia, was engaged in engineer's department on the Muskingum improvement ; read law in Zanesville ; came to Coshocton in 1842 ; was in military service (Mexican war), 1846-7; removed in fall of 1851 to Iowa; now judge of United States District Court.

Wm. Sample, born in Crawford county, Pennsylvania ; studied law in Steubenville with Oliver C. Gray ; admitted March 3, 1843; came to "Coshocton November, 1845 ; was prosecuting attorney one term (two years) ; elected judge of Court of Common Pleas, 1856, and served two terms (ten years) ; in 1866 removed to Wooster, and subsequently to Newark, returning to Coshocton in 1873.

James Irvine, born in Wayne county ; studied law with Sapp & Welker, of Millersburg, and admitted there in 1846 ; went to Mexican war in 1847 ; came to Coshocton in 1849 ; taught school and posted up, and in 1850 went into partnership with J. S. Love ; was in military service in late war in 1861, and also 1863-65.

John C. Tidball, born in (now) Lawrence county, Pennsylvania ; graduated at Jefferson college ; labored as a Presbyterian minister some seventeen years at Island creek, Jefl'erson county, and at Morriston, Belmont county ; studied law with C. C. Carroll, of Belmont county, and was admitted in 1843 ; came to Coshocton in 1848 ; died in 1863.*

John T. Simmons, a native of Maryland, resided for a time in Belmont county ; came to Bedford township, Coshocton county, 1842 ; taught school and farmed, being the champion tobacco raiser of the county ; studied under Wm. Sample, and was admitted in 1850 ; was prosecuting attorney two terms, also probate judge two ; prompted by tastes, and driven by necessities of family, turned to farming for a few years during the war.

B. S. Lee, born in Genessee county, l!T. Y., September 12, 1812 ; came to the county (Newcastle township), in 1838 ; studied with "William Sample ; admitted September 26, 1850; moved to Coshocton about 1859; died August 2, 1874.

C. C. Leonard, from Knox county ; practiced a few years, part-of-tho time ia-^^af^n^i^sbip-wtth J. D;-J?ieholft8, about 1855 ; removed in 1857 to Illinois, and was, a few years later, killed by being run over by a locomotive.

E. T. Spangler, born in Muskingum county ; was brought to Coshocton when one year old ; graduated at Kenyon College ; studied with father (David Spangler), and admitted in 1853 ; by United States Supreme Court at Washington in 1860.

A. II. Spangler, born in Coshocton county ; graduated at Kenyon ; studied law with father (David), and admitted in 1853 ; practiced a few years ; gave attention to other matters ; now in banking business at Cedar Rapids, Iowa.

John E. Irvine (brother of James), admitted in 1853 ; went to Mississippi to teach ; returned to Coshocton in 1859, and in 1866 removed to Monmouth, IlL, where he continued to practice until his death.

A. M. Williams, born in Culpeper county, Ya. ; came to Coshocton covmty N"ovember, 1833; was a "forty-niner" in California ; studied with Matthews and Stone ; admitted in 1853; clerk of court in 1855-58; gave up practice in 1867 ; since connected with Coshocton Planing Mill Company.

John D. Nicholas, born in Howard count}^, Md. ; read law under direction of William Sample ; admitted in 1854 ; was in military service some time in 1861 and again in 1864-65 ; was prosecuting attorney one term.

J. C. Pomerene, born in Holmes county ; studied under William Reed, of Millersburg, graduating at " Ohio State and Union Law College ;" admitted in 1859, and came that year to Coshocton.

R. M. Yoorhees, born i*ii Harrison county ; studied law with Barcroft and Voorhees, of Millersburg; admitted July 6, 1860 ; came same month to Coshocton, and went into partnership with Thomas Campbell ; was in military service in 1861-65 ; spent the summer of 1866 at Independence, Mo. ; was post-mas^ter at Coshocton in 1866-67 ; prosecuting attorney 1868-1872; admitted to United States District Court at Cleveland in 1875.

Gilbert H. Barger, born in Coshocton county ; studied with B. S. Lee ; graduated at Cleveland Law School in 1861 ; commenced practice in 1862 ; same year went into army; returned to practice in 1868; served as clerk of court from 1870 to 1876.

L. L. Cantwell, native of Coshocton ; studied law under Charles Hoy, being admitted by Supreme Court January 9, 1867 ; has been justice of the peace ever since; served two terms as mayor of Coshocton.

E.W.James, born in Coshocton county; studied with Nicholas and WiUiams ; graduated at Law School of Michigan University ; admitted in 1867 ; spent a few months in practice at Kansas City, Mo.

A. H. Stillwell, born in Holmes county ; studied with C. FoUett, of N^ewark; admitted in 1874; practiced for a time in Muskingum county ; came to Coshocton December, 1874.

W. R. Gault, native of Coshocton county ; graduated at Wittenberg College ; studied profession with Nicholas and vJt^ Jones; admitted July 20, 1875.

T. H. Ricketts, native of Tuscarawas county ; studied with A. Neeley, of New Philadelphia ; graduated at Albany (N. Y.) Law School ; practiced in Iowa and in Chicago, 111. ; was recognized as an attorney by District Court at Coshocton in July, 1876.

A. E. Creighton, of Coshocton county ; studied at Wooster University ; read law with William Sample, of Coshocton ; was admitted by District Court July, 1876.

A. J. Wilkin, from Washington county, Pa. ; was an admitted attorney in 1856, but soon turned to other avocations; was in legislature ; now resides in New Comerstown.

Asa G., Dimmock and Richard Lauing were about the same time recognized attornies. Each was prosecuting attorney, but not otherwise much concerned with court practice.

Josiah Given, from Holmes county, entered upon practice in Coshocton county in 1857 ; he gave up practice to enter the army in 1861 ; removed to Iowa, where his name now floats at the head of a county paper as its candidate for next president.

William Humrickhouse studied with his brother Thomas, and was admitted in 1853, but soon found more congenial employment ; now merchandising.

he gave up practice to become a partner (financial and legal man) in an extensive live-stock dealing firm in Pittsburg, Pa., where he now resides.

B. F. Church, having read law with Leonard and Nicholas, practiced at the Coshocton bar, residing in Monroe township from 1857 to 1875 ; he removed in the latter year to Holmes county.

Robert Beer studied law in his home county (Ashland), and having studied further at Coshocton, was admitted by District Court in 1853 ; in 1857 he entered upon the study of theology, and is now pastor of the Presbyterian church in Valparaiso, Ind.

Under the old state constitution a specific tax from two dollars and fifty cents to five dollars per year was assessed on each practicing attorney by the county commissioners.