Knox County, Ohio - Chapter 26: Bench and Bar, 1881

First CourT IN THE COUNTY - THE WHIPPING PostT - FIRST PROSECUTING ATTORNEY - PROCEEDINGS OF THE CouRT - First PRACTICING LAWYERS- - A BRIEF NOTICE OF EACH OF THE MEMBERS OF THE MOUNT VERNON BAR.

The first court held in Knox county, convened May 1, 1808, William Wilson, of Licking county, presiding. John Mills and William Gass were the associate judges. Charles Loffland was elected by the court, clerk pro tempore. The first grand jury impanneled consisted of Matthew Merrit, foreman, John Herrod, Samuel H. Smith, James Walker, jr., David Miller, Joseph Walker, Gilman Bryant, James Walker, sr., William Douglass, Ziba Leonard, Stephen Chapman, Benjamin Butler, Jonathan Hunt, and Ichabod Nye. The first petit jury was composed of James Loveridge, Henry Smith, Aaron Brown, James Smith, Benjamin Brown, John Beam, William Nash, Daniel Demick, Michael Brown, Peter Baxter, Archibald Gardner, and Levi Herrod.

On the first of May, 1808, the faces of old and young, great and small, of the male and female, upon Owl creek's ''stormy banks,'' were anxiously turned to the south to catch the firs, glimpse of that august personage, ''the court," then expected to make a first visitation to Mount Vernon. Ben. Butler and aunt Leah had their house all ''in apple-pie order" for their grand reception ; Jim Craig, at his house on the corner of Mulberry and Gambier, had laid in a fresh supply of whisky and other refreshments; Gilman Bryant had got a bran new horn for his customers, and had rubbed his little store up until the stock looked as bright asa dollar; and Sheriff Brown had caused the little wagor:maker shop of Coyle & Sons to be swept out and supplied with smooth round logs for the jurymen and others in attendance to sit on. Every man and boy that had been fortunate enough to kill his deer had buckskin leggins and a new hunting shirt, and every woman who had a wheel had spun and dyed and made herself and little ones a good homespun garment. Some few who could stand the expense had bought of store calico three to five yards, at seventy-five cents a yard, and fitted themselves with a two or three breadth dress, the third breadth, made into gores,-so as to be wider at the bottom; for in those days there were no fashionable women to parade the streets with fifteen to eighteen yards in a dress, and no disposition for extravagant displays of wearing apparel. The court travelled on horse-back - handed the saddle-bags to ''Knuck Harris," and, after rest and refreshment, bright and early on the morning of the second of May ''opened" and proceeded to business. The whole population - men, women and children - were out in their best rig, to witness this great event.

Agreeable to an act of the general assembly of the State of Ohio, passed on the thirtieth of January, 1808, for establishing and organizing the county of Knox:

Be it, therefore, remembered and known, that we, William Wilson, president, John Mills and William Gass, associate judges for said county of Knox, did on this day, to-wit: Monday, the second day of May, in the year of our Lord 1808, meet at Mount Vernon, the temporary seat of justice for the county aforesaid, and proceeded to the appointment of a clerk for the said county, whereupon it was declared by the court that Charles Loffland was duly elected clerk pro 'tempore, who came into court and was duly qualified as the law directs.

Present: William W. Farquhar, gentleman; James Armstrong, James Dunlap, and Isaac Cook, gentlemen, who were appointed by the legislature on the ninth of February last for fixing the county seat in the county fur Knox, made their report to the court of common pleas for the county aforesaid that Mount Vernon should be the seat of justice for said county.

At this court four indictments were found against one William Hedrick, as follows: For stealing a watch from William Bowen ; for stealing a bay mare, property of William Wallace ; for stealing one pair of overalls, the property of Joseph Cherry Holmes ; for stealing one bell and collar, the property of William Wallace. On each indictment Hedrick was found guilty, and judgment rendered against him as follows:

1st charge. - Fine five dollars, pay the owner, William Bowen, fifteen dollars, and be whipped on his naked back ten stripes, imprisoned one month, pay the cost, and stand committed until the sentence is complied with.

2d charge. - Prisoner be whipped twenty lashes on his naked back, and pay a fine of twenty dollars, and be imprisoned one month, and pay the owner seventy dojlars, the value of the mare, pay the cost, and stand committed, etc.

3d charge.- - Prisoner be whipped on his naked back five stripes, pay a fine of two dollars, be imprisoned one month, pay the owner five dollars, double the value of the overalls, pay cost, and stand committed, etc.

4th charge. - Prisoner to be whipped five stripes on his naked back, pay a fine of one dollar, pay the owner one dollar and a half, the value of the bell and collar, pay the costs, and stand

The judgment of castigation was executed upon the public square of Mount Vernon, shortly after the adjournment of court, in presence of all the people. Silas Brown was the sheriff, and it fell to his lot as such to serve the ''legal process" upon the body of William Hedrick. There was a small leaning kickory tree upon the east side of the public square, between the present Norton building (now occupied by Dr. Israel Green, druggist) and High street, and a little south of where the jail was afterwards built, and this tree bent in such a way that a man could walk around under it. To this delectable spot the culprit was taken, and his hands were stretched up over his head and tied to the tree, and the stripes were applied by the sheriff to his

The first few blows with the raw-hide were across the kidneys. Mr. Bryant, one of the bystanders, at once called oat to the sheriff to whip him elsewhere - that was no place to whip a man - he should strike higher up; and the rest of the lashes were applied across the shoulders.

The criminal sobbed and cried piteously, and when released went off weeping and groaning. In many places the skin was cut and broken, and the blood oozed out, making a pitiable spectacle. And yet such was the feeling against him that few seemed to sympathize with the scourged. As he started off he said to the spectators: ''You should not blame me for this, for it was not my fault." Bob. Walker replied: ''No, you wouldn't have stood up and been whipped that way, 7/ you could have helped it.". And at this prompt retort to Hedrick's explanation or apology, the crowd laughed uproariously.

From Gilman Bryant, Samuel H. Smith, Benjamin Butler, Jonathan Hunt, and Stephen Chapman of the grand jury, and James Loveridge and the Herrods of the petit jury, and Richard Roberts, who witnessed this same, this account of the first and last judicial punishment by whipping in Knox county, was gathered. Few of the present citizens are aware that such punishment of criminals was ever the law of the land in which they have the good fortune to live.

There being no attorney in attendance at this session,the court appointed Samuel Kratzer, a worthy and intelligent citizen, attorney to defend the said Hedrick. To him the county paid the first attorney's fees, six dollars, ever paid in the county. Kratzer, in the early courts, when no attorney was in attendance, officiated as prosecuting attorney.

Among the proceedings of the first court was the granting a license to William Thrift, a Baptist minister, to solemnize marriages. Samuel Kratzer and Stephen Chapman were authorized to retail merchandise in Mount Vernon, on paying into the treasury five dollars each. Samuel Kratzer was also licensed to keep a house of entertainment in Mount Vernon, on paying six dollars, and Daniel Ayers was licensed to keep one in Fredericktown, on paying five dollars. The last will and testament of William Leonard was proven.

The second term of the Knox common pleas was held on Monday, September 5, 1808. The grand jury for this term was Jabez Beers, foreman, Ziba Leonard, John Johnson, James Walker, Jacob Young, Benjamin Butler, William Nash, John Butler, David Miller, John Merritt, William Douglas, James Walker, jr., and James Craig. The first case tried at this term was "The State of Ohio vs. Samuel H. Smith - on a presentment for selling goods without a license. Court on consideration of the offence fined the defendant in the sum of two dollars and fifty cents and costs of the prosecution." Afterward the court granted a license to Samuel H. Smith to sell merchandise at his store in Clinton, for one year, on the payment of ten dollars. Mr. Smith was also licensed to keep tavern on payment of five dollars.

The grand jury at the spring term of common pleas court of 1815 consisted of Anthony Banning, foreman, John Merritt, Peter Bricker, John Hawn, David Hawn, John Green, William Marquis, George Davis, Moses Craig, James Strange, Azariah Davis, Jacob Martin, Benjamin Bell, and Gilman Bryant. They returned nineteen indictments for ''assault and battery" and ''affrays."' Quite a number of the parties plead: guilty, and were fined two dollars and costs. Adnal Hersey, of the Christian church, was licensed to marry. John Cook, of the Baptist, Samuel Mott was appointed master chancery. Tavern licenses were granted this year to Jonathan Hunt, Elisha Cornwall, Abner Ayres, John Baxter, and A. H. Royce; and store licenses to Nicholas McCarty, George Girty, Eli Miller, Anthony Banning, L. S. Silliman, Gilman Bryant, John Wilson, and James N. Ayres. Two important roads are opened this year, namely :* from Mt. Vernon towards Sandusky, under the supervision of John Lewis, as commissioner, for which he is granted by the county commissioners orders for one hundred dollars, and is paid fifteen dollars for his services; another, a road opened by Benjamin Rush, as commissioner, to Mansfield, for which servics he is paid nine dollars, and two hundred dollars is expended by the county in work upon the same. Among the bills paid in November, 1818, by the commissioners, are: to Anthony Banning, for one hundred and eighty-two and a half pounds iron and brick for jail, twenty-six dollars and fifty-five cents; and Archibald Crofferd, for the following for the county: One pair hand-cuffs, three dollars; one hasp, fifty cents; shackles and hasp, one dollar and fifty cents; two grates, thirteen dollars and eighty cents; eight spikes, fifty cents - nineteen dollars and fifty cents. The job of making further improvements to the jail and jailor's house is given to William Douglass at one hundred and twenty-five dollars. The commissioners were determined, if possible, to make the jail burglar proof.

The first session of the supreme court of the State of Ohio held in Knox county was on the third day of August, 1810, by Honorables William W. Irwin and Ethan Ailen Brown.

The only cases were those of the State vs. Ichabod Nye and Samuel Nye. Upon oath by the defendants that they did not believe an impartial trial could be had, the venue was changed to Licking county.

Rush, vs. George Davidson, and James Peuthres vs. Samuel Kratzer; both of which were dismissed. No other business was to be transacted, and the court adjourned until the next court in course.

The third term was held April 9, 1812. In addition to the former cases the docket shows the following: Joseph Butler vs. Elizabeth Vendrew; William Y. Farquhar ws. james Craig; Andrew Craig vs. Henry McCart and James Cunningham; James Smith vs. Samuel H. Smith; Henry Smith vs. Benjamin Barney; Henry Smith vs. Samuel H. Smith and Benjamin Barney; and Thomas Slater vs. Lovina Slater. Attachments were issued vs. Amos Yarnold and Alexander Enos, for refusing to appear as witnesses.

In Craig vs. McCart and Cunningham, judgment of non-suit is entered, because of non-appearance of plaintiff. Farquhar vs. Craig is continued, and the defendant to pay all costs of this term within six months, or judgment, etc. John Jones vs. Joseph Cherry Holmes and George Lybarger - the complainant dismissed. The injunction case of Benjamin Barney vs. Henry Smith is heard by counsel, and the injunction is made perpetual, plaintiff to pay all costs. James Smith vs. Samuel H. Smith is argued by counsel, and the court decide that the defendant -go hence, without day, and recover of plaintiff costs, etc. David Davis vs. John Cambridge, removed from Licking county, is continued. Slater's divorce petition is dismissed at cost of plaintiff. Lewis Dent & Co. vs. John Wheeler - judgment for plaintiff for four hundred and ninety-tkree dollars and eighty cents and costs. Another divorce case, Isaac Bonnet vs. Elizabeth Bonnet, is continued at cost of plaintiff, to be paid in six months, and upon condition that he give personal notice to the defendant of the pending of this suit in six months.

Isaac Bonnet vs. Mary Bonnet, divorce. After argument the court continued the cause under edvisement until the Coshocton supreme court, their decision to be certified from that or some other court to this court. The first jury cause ever tried in the supreme court for this county was that of William W. Farquhar us. James Craig.

Jury - William Harriss, John Harriss, John Sawyer, Jacob Cooper, John Kerr, Bartholomew Bartlett, John Davidson, John Wilson, Thomas White, Francis Mitchell, Isaac Bonnet, and Benjamin Martin. Verdict for plaintiff, one hundred and three dollars and sixty cents. A motion is made by defendant for a new trial, argued by counsel, and overruled by court.

The State of Ohio vs. Martin D. Lewis. On indictment by grand jury of Licking county for larceny. On motion, and affidavit of defendant, the court ordered venue to be changed to this county, on defendant giving bond for five hundred dollars and security in two hundred dollars to appear first day of next term. Henry Markley becomes his security. After two days' session, court adjourned.

The sixth term was held August 7, 1815. Judges - Ethan A. Brown and John A. Couch, who produced his commission in room of Hon. Thomas Scott, resigned, etc.

The only jury trial was that of Samuel Mott vs. Gilman Bryant. Jury - lIsaac Vore, sr., John Vennoms, Samuel Durbin, James McGibeny, Joseph Hunt, John Arbuckle, Thomas Williams, Moses Merrit,.George Dial, William Sapp, and' John Stilley. Verdict for plaintiff, five dollars and costs. Josiah Hedges vs. Samuel Kratzer, Andrew Craig, and George Davis. Default against defendants, and cause continued for inquiry. Anthony Banning vs. Samuel Kratzer and John Williamson. On motion of plaintiff's counsel for dismission of appeal, on hearing the arguments of the parties by their counsel, it i: therefore ordered that the motion be overruled.

August 8, 1815. John Williamson vs. Samuel Farquhar. Continued till next term, on motion and affidavit of plantiff, and at his cost. William W. Alexander vs. John Wilson. Suit dismissed at cost of defendant, except docket fee in court below, which is not to be taxed to either party. Anthony Banning vs. Samuel Kratzer and John Williamson. Decree by court for plaintiff, ''as per decree on file, signed by chief judge."

The seventh term was held August 15, 1816, by Judges Brown and Couch, the latter having produced his commission for seven years from the fourteenth of February, 1816. But one cause was tried by jury - Moses Robinson vs. Isaac Dial. Verdict for plaintiff, one hundred and four dollars and eighty cents and costs. Williamson vs. Farquhar is again continued, with leave to amend, and at costs of plaintiff. Stephen H. McDougal, assignee of William Taylor vs. Enoch Harris. Judgment by default, for eighty-eight dollars and eighty cents and costs. There are four other cases on the docket, in all of which our old friend Samuel H. Smith figures as plaintiff or defendant. The other parties are Robert Fulton, Erasmus Beaty, Levi Davis, Joseph Walker, administrator of Philip Walker, and John Walker, On the sixteenth court adjourned till next court in course.

The first writ of habeus corpus in the county was allowed 'by the Hon. John H. Mefford, esq.," April 26, 1819. John Shaw, sheriff, brought into the court house the body of Amos Yarnall, with the mzttimus, showing the cause of capture and detention, Samuel Mott, esq., appeared as his attorney, and on his mo. tion, after the attorney for the State had duly considered the matters in law arising, the court let him to bail in the sum of fifty dollars, James Smith his security.

The second case, that of William Knight, who, on the eighth of July, 1819, was brought to the court house, and by Judge Mefford admitted to bail in the sum of fifty dollars, Alexander Elliott becoming his bondsman.

The third case occurred April 3, 1820, when Judge Joseph Brown set at large Abel Fowler, upon Artemas Estabrook and Alfred Manning becoming security for his appearance at the May term of Knox common pleas, in the sum of fifty dollars.

In this year an interesting case was presented in allowance of a writ, on the twentieth of November, by Judge Brown, requiring John Bird and Judah Bird to bring into court the body of an Indian child, daughter of Rachel Conkapote, deceased, by her husband, Elisha Conkapote, both Indians of the Stockbridge tribe. Judges Young and Chapman appeared, and the whole court lent itself to an impartial examination of the case, which resulted in their leaving the little Indian in the hands of the Birds, John and Judah. This little Indian was daughter of the squaw killed.

This was perhaps the most interesting case heard upon writ of this character, until the great military case of Colonel Warden, which was tried upon writ issued in name of the State vs. William E. Davidson.

'©W. E. Davidson, Provost Marshal of the 2d Brigade, 3d Division, Ohio Militia (late 4th Brigade, 7th Division, O. M.), in pursuance of an order by Brigadier-General Wm. Bevans (commander of said Brigade), and upon action of a Court Martial, now in session at Mt. Vernon, convened by order of said Gen. Wm. Bevans, on Monday, Sept. 25th, 1837. Col. H. W. Strong, President of the Board. Discharged by said James Elliott, Judge, &e."" :

Another case, of much interest, at a still later period, was about the two dwarfs - of Porter's wife - held, it was claimed, illegally by Warner. Upon hearing, however, the court did not think so, and they remained in custody of the showman, at last accounts.

The writ of habeas corpus became a favorite resort in liquor cases, where parties were, as they thought, unjustly persecuted and cast into prison, by fines imposed, upon temperance princjples. During the administration of his Honor, Judge Bevans, more writs of habeas corpus were granted than in all the rest of our history put together. Tosuch an extent wasit carried, that he acquired the sodr7guet of ''Old Habeas Corpus." The venerable judge always leaned towards the side of suffering humanity. If he erred in judgment, it was because no work upon the subject had been published at that date. Our townsman, Judge Hurd's work on Habeas Corpus, did not get into print until the year 1858.

As before stated, William Wilson, of Licking county, was the first president judge. George Tod, of Trumbull; Alexander Harper, of Muskingum; Lane and Higgins, of Huron; and Ezra Dean, of Wayne, succeeded Wilson in the presidency prior to 1851. Since that time the most prominent have been Judges Finch and Jones, of Delaware; and Hurd and Adams, of Knox. Among the early judges of the supreme court who have presided in Knox county, may be mentioned Peter Hitchcock, Reuben Wood, Frederick Grimke, Calvin Pease, Joshua Collett, John C. Wright, and N. GuRead;

The early bar of Knox county was composed entirely of visiting attorneys of distinction, citizens of neighboring counties, who were, for a great number of years, regular attendants at each session of the court. Among these were Philomon Beecher, Charles R. Sherman, Thomas Ewing, Henry Stanbery, W. W. Irwin, Hocking H. Hunter, of Fair- field county; Edward Herrick, William Stanbery, Joshua Mathiott, Israel Dille, and Ceorge B. Smythe, of Licking county ; Wyllis Silliman, Samuel W. Culbertson, Charles B, Goddard, Alexander Harper; Charles C. Converse, C. W. Searle, and George James, of Muskingum county; Orris Parish, of Franklin county; and David Spangler, of Coshocton county. All were distinguished attorneys, and many of them became prominent in State and national affairs in after days. Many of these gentlemen were, at different times, appointed temporary prosecuting attorneys. As may be remarked, from the brilliant array of prfessional men, the early bar of Knox county stood preeminent throughout the State.

Samuel Mott, esq., a native of Vermont, was the first resident lawyer of the county. He came to Mount Vernon about 1811. In the early courts he had considerale business, and was a man of note in the county. At one time he was engaged in the mercantile business.

William C. Enos was probably the first attorney admitted to the bar in Knox county, about 1813. He was what the people of that day called "home made," and did not attain to a high position as an attorney. He was a quiet, peaceable citizen, and a man of considerable intelligence.

Hosmer Curtis was the second resident attorney. He was a native of Connecticut and came to Mount Vernon in 1815. For a number of years he was the "father of the Knox county bar." In 1816 he was appointed prosecuting attorney, and in 1822 represented the county in the legislature. He removed to Iowa in 1858, and died in 1874, aged eighty-five years.

Henry Barnes Curtis came to Mount Vernon in 1817, and read law in the office of his brother, Hosmer Curtis; was admitted to the bar, and at a later date to the United States courts at Columbus, and to the supreme court at Washington, D. C. On the ninth day of December, 1872, he retired from the legal profession, after a successful and lucrative professional career of half a century.

About the time Mr. Curtis entered upon his legal career, J. W. Warden, Benjamin S, Brown, Columbus Delano and John K. Miller became members of the bar. At a Jater period Matthew H. Mitchell, John C. Stockton, William R. Sapp, R. C. Hurd and others were enrolled as members. Of the eight mentioned above, Columbus Delano is the only one now living. In the early days of the bar J. C. Hall was a leading member of it. Some thirty-five years ago he started west, and made his home in Iowa, where he became eminent in his profession, and at one time represented his district in congress. Of the professional career of John W. Warden and Benjamin S. Brown, little can be said at this late date, other than that they were eminent in their profession, and well known throughout the State. John K. Miller took high rank in his profession, and also in the field of politics. He represented the Knox congressional district in congress two terms, and also represented his country as consul at one of the French ports. Stricken with bodily infirmities while at the height of his usefulness, he was compelled to retire from a profession he adorned by his abilities and virtues. Matthew H. Mitchell, in the early part of his and stood at the head of the bar. He had no In 1850 he represented the county in the constitutional convention, took a leading part in that body, and enjoyed the entire confidence of his fellow-members. His death occurred a short time since.

One of the most brilliant and erratic members of the early bar of Mount Vernon was the late Major Hoey. He was a man of superior education, a comprehensive mind and inferior to none when he thought proper to devote himself to his profession. Socially inclined he deserted his profession for the companonship of the gay, and the thoughtless.

Hon. C. Delano is one of the county's most eminent attorneys, and highly honored men. He was born in Shoreham, Vermont, in 1809; removed to Mount Vernon in 1817; was admitted to the bar in 1831, and became eminently successful, both as a criminal prosecutor and as anadvocate. In 1844 he was elected a representative from Ohio to the twenty-ninth Congress, and served on the committee on invalid pensions. In 1847 he was a candidate for governor, but lacked two votes of a nomination. In 1860 he was a delegate to the Chicago convention. In 1861 he was apppointed commissary general of Ohio and filled the office with great success until the General Government assumed the subsistence of all State troops. In 1862 he was a candidate for United States senator, but again lacked two votes of a nomination. In 1863 he was elected to the Ohio house of representatives and was a prominent member of that body, taking a leading part in shaping the important legislation of that session. In 1864 he was a member of the Baltimore convention, and chairman of the Ohio delegation, zealously supporting President Lincoln and Andrew Johnson. He was re-elected to the thirty-ninth Congress, serving as chairman of the committee on claims. Having relinquished the practice of his profession, he became extensively engaged in agricultural pursuits, and the business of banking. He was also a delegate to the Philadelphia 'Loyalists' convention" of 1866; and, in 1868, having contested the seat of G. W. Morgan for the fortieth Congress, he was successful, and became a member of the House. After leaving Congress he was appointed commissioner of internal revenue, and was also appointed Secretary of the Interior in 1870, by President Grant, and resigned in 1875.

Judge Rollin C. Hurd was for many years one of the most prominent of Mount Vernon's lawyers. He was a live, active, go-ahead Yankee from Vermont, and pushed his way to the front rank in his profession. He was educated at Kenyon college, studied law with the late Benjamin S. Brown and was admitted to the bar in 1837. His practice soon became extensive not only in the county and circuit courts, but in the United States courts of the northern district of Ohio. In 1863 he was admitted to practice in the supreme court of the United States in Washington

In 1852 he was elected judge of the court of common pleas for this judicial district. Later in life he found time to publish a work on habeas corpus, and to devote much of his time and energy to the completion of the Cleveland, Columbus & Mount Vernon railroad. His death occurred February 12, 1874. é

Joseph Slocum Davis graduated from Kenyon college in 1835; studied law in the office of Benjamin S. Brown, and was admitted to the bar in 1837. Illhealth compelled him to quit the profession after a few years' practice.

General George W. Morgan came to Mount Vernon in 1843, and read law with the late Hon. J. K. Miller. He has been actively engaged in three wars - the Texan war of independence, 1836; the Mexican war, 1846; and the war of the Rebellion, 1861; and has served three terms in Congress. He has also held two foreign appointments - consul and minister plenipotentiary.

The late Hon. William R. Sapp, or '' Major," as he was familiarly called, thirty years ago stood high in the profession. He served in Congress two terms, and was also appointed revenue collector and United States commissioner.

John C. Stockton came to Mount Vernon from Zanesville about the year 1855. In 1814 he represented Muskingum county in the State legislature. He was a man of education and great professional ability.

& Culbertson, is a native of Pennsylvania; came to Mount Vernon in 1844, and has been largely engaged in settling estates. He served as county commissioner thirteen years.

William Craig Culbertson is a native of Westmoreland county, Pennsylvania, He read law under the preceptorship of General Aquilla Wiley, of Wooster, Ohio, and was admitted to the bar in 1871. He came to Mount Vernon in 1872 and entered into partnership with William McClelland.

Charles H. Scribner was admitted to the bar at Mount Vernon in 1848, and in June, 1869, removed to Toledo and entered into partnership with Hon. Frank H. Hurd. In 1867 he was elected to the State senate from the district composed of the counties of Wayne, Holmes, Knox, and Morrow. He was the author of a valuable legal work, entitled Treatise on the Law of Dower, and was a member of the convention called to revise the constitution in 1873.

Joseph C. Devin was educated at the seminary at Norwalk, Ohio, at the Wesleyan university, at Delaware; studied law under Hon. Columbus Delano, and the late William R. Sapp, and was admitted to the bar in 1851. In 1863 he was elected to the Ohio State senate from the district composed of Wayne, Holmes, Knox, and Morrow counties. His law partner, Henry L. Curtis, is a native of this city, and studied law under the preceptorship of his father, the Hon. Henry B. Curtis. Mr. Curtis is a graduate of Kenyon college, and a young man of much promise.

Frank H. Hurd was educated at Kenyon college, from whence he graduated in 1859, when only eighteen years old, and entered immediately upon the study of the law. He was admitted to the bar in 1862; and during the fall of the same year was elected prosecuting attorney. In 1866 he was elected a member of the State senate. In 1867 Mr. Hurd removed to Toledo, Ohio, and in 1874 was elected to Congress from the Toledo district, and re-elected in 1878. He is the author of the Ohio Criminal Code of Procedure. In 1876 he published a second edition of his father's work on Habeas Corpus and one of his own on Homestead and other Exemptions.

William C. Cooper, a native of Mt. Vernon, was admitted to the bar in 1854, and has had a successful career as an attorney, a politician, and in a military capacity. He enjoys the respect and esteem of all the citizens of the county.

David Carter Montgomery is a native of Pennsylvania, and was admitted to the bar in Mt. Vernon in 1858. He was elected sheriff in 1846, and reelected in 1848.

Henry Harrison Greer is a native of the county, born in 1837. His law preceptors were Messrs. Delano, Sapp and Smith. He was admitted to the bar in 1860, and has enjoyed a successful'professional career. In 1861 he was elected treasurer of the county, and served one term, refusing to be

Joseph Watson is a native of Ireland; was born in 1827, and came to America in 1849, settling in Newark, Ohio. He came to Mount Vernon in 1850, and has resided here ever since." In 1859 he commenced reading law with the late Clark Irvine, sr.; was admitted to the bar in 1861, and

Charles Edward Critchfield commenced reading law in 1862 with the late Major William R. Sapp, and was admitted to the bar in 1864. He was in practice about four years. In 1869, 1872, and

Samuel J. Brent resumed the study of the law, which he had suspended in 1861 to enter the service of his country, and was admitted to the bar June, 1866. He has practiced about two years. He was elected clerk of the court of common pleas in 1869, and 1872, and re-elected for a third term in 1878.

David Wesley Wood, read law with Judge A. K. Dunn, of Mount Gilead, and was admitted to the bar in 1868, and to practice in Knox county in 1869.

Alfred R. McIntire commenced studying law, April 1, 1867, with the late Judge Hurd; was admitted to the bar in 1869, and has followed his profession ever since. D. B. Kirk, the law partner of Mr. McIntire, is a son of the Hon. R. C. Kirk, and a native of Mount Vernon.

John Byron Waight, read law with Lewis Lewton, esq., of Cadiz, Ohio, and was admitted to the bar at Carrolton, Ohio, June ,1873. In January, 1874, he opened an office at Mount Vernon, where he has since been practicing. January, 1880, the council appointed him city solicitor, to which position he was elected by the people in April, 1880.

Frank R. Moore was educated in the city schools, and read law with Messrs. Cooper, Porter & Mitchell, and was admitted to the bar in 1875. Mr. Moore was elected prosecuting attorney in 1878, and re-elected in 1880.

Clark Irvine, jr., studied law with his father. He was elected prosecuting attorney in 1874, and reelected in 1876. At the State Democratic convention held at Cleveland, in 1880, he was elected a member of the Democratic State Central committee, and secretary of that body, and also of the executive committee.

William McKee Koons read law under William McClelland, and was admitted to the bar July 1, 1874. In his youthful days he learned the trade of machinist and drafting. In 1871, September, he was elected by the city council as city fire engineer, and continued as such until January, 1876. He was elected city solicitor April, 1876, and again in April, 1878, but resigned January, 1880. In the fall of 1879 he was elected a member of the Ohio house of representatives, which position he now holds.

Frank C. Lewis was educated in the city schools, commenced reading law December 6, 1876, with H. H. Greer, and was admitted to the bar at Columbus February 6, 1878.

Sidney Wood began reading law in 1873 with his brother, D. W. Wood, and July 22, 1879, was admitted to the bar at Mount Gilead; also on the 29th of September, same year, to the bar of Indiana. In May, 1880, he formed a partnership with his brother, in Mount Vernon.

Frank Harper graduated from the city high school, June 22, 1877. He read law with Colonel W. C. Cooper; was admitted to the bar July 7, 1879, and has since practiced his profession.

Charles W. Doty came to Mt. Vernon with his parents in 1863. He read law in the office of General Morgan, and was admitted to the bar July 7, 18709.

A few members of the bar of Knox county went away from time to time to seek their fortunes in other fields, and some of these have became prominent in State and national affairs. Among them were Daniel S. Norton, jr., and William Windom, who left Mount Vernon about the same time, and cast their fortunes with the good people of the new State of Minnesota. Mr. Norton was born in this city, and Mr. Windom was a native of Middlebury township. Both settled in Winona. After a short residence in Minnesota, Mr. Windom was elected to the lower house of Congress. Mr. Norton, a few years later, was elected by the legislature a member of the United States senate. After a few years' service in that body with credit to himself and State, he died. Mr. Windom was elected his successor, and is now Secretary of the Treasury. He was, within the past year, frequently suggested as an available candidate for the Presidency.

Lafayette Emmett, a native born citizen of Mount Vernon, took up his residence in the same State while it was still a territory. After a short residence he was elevated to the bench of the supreme court.

James Smith, jr., a son of the late Rev. James Smith, was admitted to practice in 1839. From that time up to 1856 he was an eminent member of the Knox county bar, and for many years practiced in company with the late Colonel Joseph W. Vance, who was killed at the battle of Sabine Cross Roads, April 8, 1864. In 1856 Mr. Smith took up his residence in St. Paul, and entered into partnership with Judge Lafayette Emmett. He was a member of the Minnesota senate in 1861, 1862, 1863, and 1865. He is now attorney for the St. Paul and Duluth land department.

A. Banning Norton took up his residence in Texas about 1857. He has been a member of the Texas legislature, postmaster at Dallas, and has twice been judge of the United States circuit court. A. Baldwin Norton entered the army and served as an efficient officer during the war of the Rebellion. He died a few years since while acting

Walter L. Simons located in Kansas, and was soon after elected to the State senate. William F. Turner went west, and became chief justice of Arizona. Fletcher W. Sapp, after practicing in Knox county a number of years, located in Iowa, He soon rose to eminence in his adopted State. He was appointed United States district attorney by the President, and served as colonel of an Iowa regiment during the War of the Rebellion. He is now serving a second term in congress. Henry B. Banning is mentioned in the military history of the county. He was a member of the lower heuse of congress, serving three terms.

Robert B. Mitchell, in 1846, shortly after his admission to the bar, volunteered for the Mexican war, and was elected first lieutenant of his company. He served until the close of the war, and came home in 1848. After practicing here some years, he went west. He served through the war %f 1861, and came out a major-general. While stationed in New Mexico, on the retirement of Governor Geary, he became acting governor of that territory. David A. Robertson left Mount Vernon and located in Lancaster. In 1850 he removed to St. Paul. A more extended notice of this gentleman will be found elsewhere.

tis, and subsequenly formed a co-partnership with that gentleman. As an attorney in the great sheepslaughtering case, about twenty-five years since, Chapman committed an unfortunate faux pas that worried him considerably, and some think it was the real cause of his going west. Be that as it may, the slaughter-pen became a nuisance, and the citizens made an effort to have it abated. The trial was a great one, and created considerable interest. Chapman was defending the sheep man, and thought the killing of so many sheep for their pelts and /ard would result beneficially to the county, as it created a great demand for sheep. Chapman went west and became a member of the Nebraska legislature, and is doing well in his new home.

Julius B. Galusha was a student with Hon. Samuel Israel, and after his admission to the bar, became his partner. He removed to Monroe, Wisconsin, and became cashier of one of the banks. there.

Caleb J. McNulty came to Mount Vernon from Zanesville about 1838. He is noticed elsewhere. William T. Curtis, a son, and William S. V. Pren. tiss, a step-son, of the late Hosmer Curtis, were in practice a short time about 1850. Young Curtis wandered off to Oregon, and Prentiss to Columbus, Ohio. Both are now dead.

Walter H. Smith is a citizen of Washington city, and was at one time solicitor of the United States treasury, and held an important position in the interior department. Mr. Smith is a well-read lawyer, and stood high in the profession here.

Louis H. Mitchell is one of the Knox county boys, who, while still a student in the city high school, left his books, took up a musket, and served through the War of the Rebellion. He was a first lieutenant in the regiment of Colonel Vance. After his return home he entered the law office of Colonel W. Cooper, studied the allotted time, was admitted to practice, and entered into partnership with Colonel Cooper and Henry T. Porter. A few years since he removed to Chicago, and is doing well. There was another young Mitchell, Louis Y., who entered the army, fought through the war, and came out captain, studied law, and was duly admitted to practice. Several years ago he received an appointment in one of the departments at Washington, D. C. Frank Green's career can be stated in the same words as that of young Mitchell. Captain W. A. Coulter came to Mount Vernon from Delaware, Ohio. He had served in the war, and was a promising young lawyer, building up quite a practice in this county. About three years since he took up his residence at Detroit.

John J. Lennon is by birth a native of Canada. In 1861 he enlisted in a New York regiment, and served through the war with some distinction. About 1872 he came here from Wooster, Ohio, and commenced reading law. Shortly after, he was appointed superintendent of some Government work in the south, where he remained something over a year, when he returned to Mount Vernon, finished his law course and was admitted to practice. In the early part of 1880 he removed to Columbus and formed a partnership with a leading lawyer in that city.

Abel Hart, jr., at one time a partner of Judge Adams, is a lawyer of considerable ability. He has been twice elected prosecuting attorney. In 1876 and again in 1878 he represented the people of the county in the lower house of the State legislature.

Henry T. Porter is a native of Knox county, and has been in practice many years. Samuel Israel is a lawyer of long standing and high repute. His health for the past few years, requires him to devote himself to out-door labor.

J. D. Critchfield and J. B. Graham, doing business together, are establishing a large and paying legal business. Both are natives of the county, and both graduates of Kenyon college. John M. Critchfield, a son of Peres Critchfield, is a native of the county, and a graduate of Kenyon. He commenced his legal career in 1879. J. D. & D. F. Ewing, brothers, as well as partners, came to this county from the neighboring county of Holmes, about five years since. J. D. Ewing is now serving his second term as justice of the peace for Clinton township. Clark Irvine, sr., whose death occurred a few years since, was one of Mount Vernon's early attorneys. In 1850 he was elected prosecuting attorney, and made an efficient one. He was a man of rare mindand sound judgment. He was almost a self-educated man, and gathered during his legal career considerable business.

Emmet W. Cotton, although a member of the profession, has paid but little attention to it. He represented Knox county in the legislature during the sessions of 1846 and 1847, and also served the county as surveyor two or three terms. He was born in Washington county, Pennsylvania, in 1808, and came to this county in 1823.

B. A. F. Greer, a native of the county, entered the army at the commencement of his professional career, and served through the war of 1861. He came home broken down in health, caused by exposure, and served one term as justice of the peace for Clinton township; also, one term as probate judge of the county. Charles F. Baldwin, although by profession a lawyer, of late years has been engaged in other business. For a number of years he was in the employ of the internal revenue department of the General Government. At present he is engaged in the main office of the Pennsylvania railroad at Columbus. J. Clark Irvine, a son of the Hon. James C. Irvine, is practicing law in Missouri. A. A. Cassil, a son of Colonel Alexander Cassil, William B. Ewalt, R. M. Brown, E. I. Mendenhall, H. Clay Robinson, and Samuel Kunkell, are all members of the bar. Mr. Cassil is city civil engineer of Mount Vernon. Mr. Mendenhall devotes his time and attention to the collecting and agency branch of the profession. Mr. Robinson follows the same line. Mr. Brown is mostly engaged in the collecting branch. Mr. Kunkell was admitted to the bar in 1879; his law preceptor be: ing General G. W. Morgan. Before his admission he was twice elected county recorder. Samuel W. Farquhar was a member of the bar, but his time, while a resident of the county was entirely spent in some county office. He is now a citizen of Iowa, Samuel F. Gilcrist; about 1850, was a prominent attorney. He represented the district of Holmes and Knox in the State legislature in that year, and was elected probate judge in 1852. He moved west and died. Mr. R. S. Lockwood and a Mr. McIntyre opened a law office in the old market house about 1850. Mr. Lockwood was a preacher, also, and was at one time mayor ofthe city. Some years since he went west. About two years since he came back sick, and died. Mr. McIntyre, also went west. Josephus Ricketts was also a lawyer here about 1850.

The bar of Knox county has already furnished one governor, two United States senators, eight members of the lower house of Congress, six State senators, ten representatives to the lower house, five judges of circuit courts, four probate judges, one United States attorney, one commissioner of internal revenue, one Secretary of the Interior, one solicitor of the United States treasury, one clerk of the lower house of Congress, one foreign minister, two foreign consuls, one Indian superintendent, two major general in the United States army, one State marshal, three members of Constitutional conventions. As to candidates on State tickets, the bar has furnished for governor, one; for judges, of the supreme court, three, and for attorney general, two. There is hardly an office in Knox county below the grade of probate judge that has not been filled by members of the bar.