Licking County, Ohio - Chapter 34: Bench, Bar, Public Buildings, 1881

EARLY JUDICIAL MATTERS - First County OFFICERS - FIRST COURT - WILLIAM WILSON - SAMUEL BANCROFT - ] AMES TAYLOR - TIMoTHY ROSE - WILLIAM STANBERRY - B. B, TAYLOR - AMos H. CAFFEE - CORRINGTON W. SEARLE - SAMUEL L. BROWNING - COLONEL JAMES PARKER - GEORGE H. FLoOoD - SAMUEL WHITE - DANIEL HUMPHREY - Josuua MAtTHioT - Lucius Case - IsraAEL DILLe - S. D. KING - PRESENT MEMBERS OF THE BAR - THE COURT HousEs - List OF ARTICLES DEPOSITED IN THE CORNER STONE - THE JAILS - THE OLD MARKET HOUSE - THE now forming Licking county, belonged to Washington county from 1788 to 1798; from 1798 to 1800 it was part of Ross county, and from 1800 to 1808, a part of Fairfield; since the latter date it has had a separate existence as a county. It will be observed that the county seats have been Marietta, Chillicothe, Lancaster and Newark, respectively. For eleven years (from .1788 to 1799) the citizens of the county and State were under the first grade of territorial government; from 1799 to 1803, a period of four years, they were under the second grade of territorial government, and .from 1803 to the present time, under a State government. Under the first grade of territorial government, this territory had no representation in legislature (there being no legislature, ) or Congress; under the second grade there was a legislature, only one branch of which was elected by the people; and a delegate in congress elected by this 'legislature, who, however, had not the right to vote on questions before that body. Since 1803, the people of this county, in common with those of other counties, have enjoyed all the rights and privileges of a free and independent people, with representatives in both branches of the legislature, and of Congress, of their own selection.

Prior to 1808, all business connected with the court, was transacted at Chillicothe and Lancaster, but in this year the county of Licking was organized with the following as its first judicial and county officers: William Wilson, president judge of common pleas court; Alexander Holmes, Timothy Rose and James Taylor, associate judges; Samuel Bancroft, clerk of court; John Stadden, sheriff; Elias Gilman, treasurer; Archibald Wilson, Elisha Wells and Israel Wells, commissioners; John ,Stadden, collector of taxes; Elias Gilman, commissioners' clerk ; Archibald Wilson, jr., assessor of Licking township; Jeremiah Munson, assessor of Granville township.

The first court was held in the house of Levi Hays four miles west of Newark, and two miles east of Granville. There not being room in the house, the grand jury held its inquest under a tree. During the year a board of commissioners consisting of James Dunlap, Isaac Cook and James Armstrong, selected Newark as the permanent county seat. At that date this county contained but the two townships above named.

The Newark bar and bench have been honored by many men of talent. Among the first of these was William Wilson, above mentioned as the first president judge. He was a New Englander, educated at Dartmouth college, and settled at Chillicothe as an attorney. He remained on the

Alexander Holmes, another of the county's honored officers and pioneers, came here in 1802, from Brooke county, Virginia. He followed surveying several years, surveying much in the State for the general government, as well as the larger part of Licking county; he also made the first complete survey of the ancient works in the vicinity of Newark. He held the position of associate judge from 1808 until 1812, and was again elected in 1823, serving until 1828. In this capacity he was upright, intelligent, incorruptible. He was a man of considerable natural ability, and identified himself with the interests and early history of this county.

Samuel Bancroft, the first clerk, afterward became associate judge, serving from 1824 to 1845. He was born in Granville, Massachusetts, 'in 1778; was well educated, and spent the earlier years of his life in teaching. In 1806, he came to this county, settling in Granville township, where, in 1807, he married Miss Clarissa Rose, this being the first marriage solemnized in that township. He was in the war of 1812, as a private soldier, and was surrendered by General Hull. He was a justice of the peace eighteen years; a judge twentyone years, and was a faithful, efficient officer. He died January 22, 1870, in his ninety-second year; his great longevity being due to his regular and temperate habits of living, rather than his constitution or physical strength.

James Taylor was born in Pennsylvania, in 1753, and after his marriage in 1780, he moved to western Virginia. In 1782 he was in the Williamson expedition against the Moravian Indians on the Tuscarawas, and had the honor of voting, with seventeen others, against the murder of their Indian captives, but without avail. Judge Taylor served as associate judge only from 1808 to 1809. He had served his country during the Revolutionary war, and was a man of character and intelligence. His death took place in 1844, at the advanced age of ninety-one years.

tellectual and intelligent gentleman, anda man of high character, of sound judgment, and undoubted patriotism. He served in the Revolutionary war and distinguished himself as an officer, at the storming of a British redoubt, at the surrender of Cornwallis, at Yorktown in 178r.

Probably more prominent than any other man at the Licking county bar, was Hon. William Stanberry. He fought his battle of life in the days of "Tom" Corwin, "Tom" Ewing, and other such intellectual giants as Ohio delights to honor and remember.

He was born August ro, 1788, in Essex county, New Jersey. His most valuable inheritance was a sound and vigorous constitution, a commanding presence and a high order of talents. He had fair early educational oppo-tunities, and improved them faithfully; he also had superior advantages as a law student in the office of Judge Pendleton, of New York city, of which he availed himself.

Attendance on the courts of the city, in which the attorneys were such men as Thomas Addis Emmet, Aaron Burr, Alexander Hamilton, Daniel D. Tompkins and Martin VanBuren, and where men of the distinguished ability of DeWitt Clinton occupied judicial seats, afforded him facilities for improvement which he greatly prized and studiously heeded. Highly beneficial to him, also, were the literary clubs of that day, where his associates were James K. Paulding, Julian C. Verplanck, Washington Irying, and other contemporary celebrities. | His participation jn the discussion of political questions, when quite young, tended to develope his oratorical powers, and his early efforts as a public speaker gave promise of future eminence as a popular orator. His pursuit of knowledge was most ardent and persevering, and he ultimately acquired a large fund of information in literature, belles letters and the classics.

In- 1809, Mr. Stanberry located in Newark, remaining here until his death, a period of sixty-four years. He became distinguished as a successful criminal lawyer, and was generally retained in important criminal cases in this and adjoining counties which composed his "circuit." He was in the habit, as were other lawyers, of traveling with the court, which in those early days was on wheels, as it were, and went about through the woods dispensing justice. Under these circumstances he frequently appeared in Mt. Vernon, Mansfield and other frontier towns, where he found plenty of clients.

His successful argument in behalf of David Shaver, his defence of Peter Dimond, charged with murder, and his great speech in a case involving the question of conflicting jurisdiction between the National and State governments, in relation to the Wyandot reservation on the Sandusky plains, were among his most celebrated exhibitions of forensic power. His oratorical efforts were usually characterized by argumentation, sometimes by invective, and uniformly by declamation and fluency, and often by much power and eloquence.

Mr: Stanberry also practiced several years in the Federal courts, with such men as Henry Clay, Jamies Ross, Heniy Baldwin, Philip Doddridge, John C. Wright, Judge Burnet, Charles Hammond, Benjamin Tappan, Edward King, Thomas Ewing, Thomas Corwin, and others alike eminent at the bar. Mr.Stanberry was the last survivor of all these early time lawyers. All those mentioned, and others who "rode the circuit" and practiced with him in the early courts, including Mr. Merwin, Major Munson, General Beecher, Judge Sherman, General Goddard, Hocking H. Hunter, General Herrick,. Wyllis Silliman, Orris Parrish, Judge Irwin, Judge Harper, Samuel W. Culbertson, and Judge Searle - all are dead.

He was elected to the senate of Ohio in 1824, and served two sessions in that body. In 1827, he was elected to Congress, to serve out the unexpired term of Judgs Wilson, deceased. In 1828, he was re-elected, and again in 1830, making five years' service in that body, during which he prominently identified himself with many measures of public interest, chief of which was the law granting half a million acres of public lands to aid in the prosecution of the canal interests of the State, He died in January, 1873, aged eighty-five years.

Colonel B. B. Taylor was for a time a member of the bar of this county. He came to Newark in his youth, studied law, and was for some years a practicing lawyer in the city; but his taste for politics and literature led him into other channels, different times, editor of a magazine in Columbus, published by Samuel Medary; the Kentucky Statesman, published at Lexington, Kentucky; a paper in Missouri, another in Portland, Oregon, and probably others. His last removal was to Mexico, Missouri, where he settled for the purpose of resuming the practice of law, but before getting fairly established he died, January 27, 1877, in his sixty-elghth year.

Amos H. Caffee was born in Bucks county, Pennsylvania, in 1790, where he remained until he reached manhood. The west, at that time presenting a field of great promise of reward to the industrious, energetic and enterprising, he decided to make the then rising State of Ohio his future home. After spending some months in the effort to find a suitable location, he was directed bya train of favorable circumstances to Newark, where he settled in November, 1811, and where he was an honored citizen more than fifty years. Mr. Caffee, being a young man of more than ordinary intellectual endowments and correctness of deportment, soon attracted attention, and was, by common consent, assigned a prominent part in all educational and other movements, having for their objects the improvement and elevation ef the people, and the advancement of the interests of the town. As a reward for his superiority he was frequently favored with positions of trust and responsibility. He long held the offices of mayor, postmaster, and clerk of the several courts of the county, always discharging with fidelity and honor the duties of his positions. He died at the age of seventy-two years.

Hon. Corrington W. Searle came to Newark from the Wyoming valley in Pennsylvania, where he was born, near the close of the last century. He was a respectable member of the Licking county bar, and as early as 1824 was prosecuting attorney, and served until 1832. After that he was for a time associated with Judge Wyllis Silliman, in the practice of law. In 1836 he was elected judge of the court of common pleas, and remained on the bench until 1843. Judge Searle was a good lawyer, and discharged the duties of judge with credit and honor to himself. After his retirement from the bench he removed to Zanesand prevented his success at the bar. He was, at | ville, where he died a number of years ago, and ,

Samuel M. Browning was one of Newark's lawyets of fifty years ago. He was scholarly and accomplished, genial and studious. In 1833 he was elected mayor of Newark, and again in 1836, but resigned the office before his term expired. and removed to Mount Vernon.

Colonel James Parker came to Newark as a merchant from Amboy, New Jersey, in 1829, and soon after commenced the study of law, and in due time entered upon its practice. In 1834 he was elected a member of the council, and became prosecuting attorney in 1836, in which office he served four years. From 1842 to 1844 he was State senator. He afterwards removed to Cincinnati, where he was electéd a judge of the court of common pleas, and where he died some years after the expiration of his term of service on the bench.

Hon. George H. Flood came from Zanesville, of which place he was a native, to Newark in 1837, to practice law. In 1838 and again in 1839 he was elected a member of the State legislature, in which body he became an active and prominent member. Towards the close of President Van Buren's term of office he appointed Mr. Flood charge @ affaires to the Republic of Texas, where he died not long after.

Hon. Samuel White was one of our earlier lawyers, and a full biographical sketch of him is given in the chapter on the Welsh Hills settlement.

Daniel Humphrey was also one of the early lawyers of Licking county. The various offices he held are set forth in our chapters on county officers, and on city officers. He died many years ago.

Hon. Joshua Mathiot was a prominent member of the Licking county bar. He was a native of Connellsville, Fayette county, Pennsylvania, and came to Newark, Ohio, about the year 1520, before he had fully reached manhood, and when it was yet a small village. Joshua Mathiot was ambitious, and availed himself of every opportunity to acquire an education suitable and requisite for the profession of the law. Having acquired that, he entered the law office of General Samuel Herrick, of Zanesville, and after pursuing his law studies for several years, he was admitted to the bar, and soon succeeded in acquiring an extensive law practice. He was elected prosecuting attorney of the county in 1832, and served until ToaOumeLn 1834 he was elected mayor of Newark. Hon. Joshua Mathiot was for a time associated with his father-in-law, Samuel W. Culbertson, esq., of Zanesville, in the practice of law, and afterwards with Judge Buckingham, who had been a law student in' his office. Samuel White, esq., had also studied law in his office. He also entered into politics with a good deal of energy, and was elected a member of Congress in 1840, the district being composed of the counties of Muskingum and Licking.

Hon. Joshua Mathiot died suddenly, in 1849, when he had barely reached the "noon of life," leaving his widow and several children, one of whom was the wife of Rev. Dr. Cuyler, of Brooklyn, to mourn the loss of one who had been preeminently faithful and devoted as husband and father. He was a man of correct deportment, and exemplary in all the relations of life, always giving the weight of his influence on the side of philanthropy, good morals, temperance, and the institutions of Christianity.

In 1822 the first Presbyterian church, of Newark, organized a Sunday-school, and the records show that Joshua Mathiot was chosen one of its managers. 'The church was genérously supported by him, and educational enterprises and temperance organizations were liberally upheld and sustained by him. The many admirable traits of character he possessed secured him numerous and warm friends. His circle of friends and acquaintances was large, and they were as warm in their attachment and devotion, as they were numerous. It may be safely said that we have had but few men among us who more largely enjoyed the public confidence than Coldnel Joshua Mathiot.

Lucius Case was born in Connecticut, November 8, 1813. He spent his youth and early manhood in his native State, where he received a common school education. He, however, completed his education at the Wesleyan university, at Middletown, and adopted the legal profession as his permanent pursuit. He studied law with Judge Phelps, of Hartford, finishing with Judge Finch, of Delaware, Ohio, whose office he entered in 1834. He settled first in Hocking county, but came to

Newark in 1841, where he continued in successful practice until his death, which occurred July 23, 1864, while in the prime of life. He was a member of the Constitutional convention of 1850, and participated actively in the debates of that body. He was a man of vigorous intellect, improved by education and select reading.

Of the later members of the bar of Newark, who have more recently passed from the stage of action, perhaps none were more prominent than Judge Israel Dille and S. D. King. The former was born at Dille's bottom (so called on account of his father's ownership) in August, 1802, on the Ohio river, in what was then the Northwest Territory, now Belmont county, Ohio. While still an infant, his father removing to Cuyahoga county, he was transported thence across what was then an almost unbroken, trackless forest, in the arms of his mother, who made the entire journey on horse-

- back. -. His only opportunity for education was the few books which formed the library of his father, among which was a work on astronomy, which was his special study and delight, and which created that taste for astronomy and meteorology which he evinced in after life. When about fifteen, he entered school at Washington, Pennsylvania, where some of the friends of the family lived. About 1825, he was a teacher at Somerset, Perry county, Ohio, and at the same time a law student with the late Hocking H. Hunter, of Lancaster, Ohio, to whom he went at intervals for recitation. After his admission to the bar, he settled at Newark, and very soon attracted attention as a lawyer of great ability, and won the respect and friendship of such men as Thomas Ewing, Hocking H. Hunter, and William Stanberry, by whom he was regarded as a peer, and with whom he argued many important law cases. He was untiring in the acquisition of legal lore, indefatigable in the pursuit of knowl edge, laborious as a student of science, philoso. phy, and literature; geology, mineralogy, belles lettres and speculative philosophy were his favorite studies. By diligence and laborious investigation he acquired such a fund of information as ig possessed by comparatively few men. So extensive and diversified were his general information and knowledge that he had few equals.

In 1840, his health having failed, he abandoned the active practice of his profession, and sought relief by travel; visiting the entire region from New York to New Orleans. He became familiar with the geology of the whole country, and knew the rivers, watersheds, and the resources in mineral wealth of the Mississippi valley, from its mouth to the copper mines of Lake Superior.

Possessed as he was of rare accomplishments, he was, withal, very communicative, and, therefore, an instructive and valuable companion. Possessing those qualities, one of his rare intelligence and suavity of manner could not fail to be most attractive aS a conversationalist, and most charming in social intercourse.

Mr. Dille was, for a number of years, a popular lecturer on geology. He was also one of the vicepresidents of the Union Academy of Arts and Sciences, at Washington city, and contributed a paper on the cosmogony of Moses, which was published, and attracted very considerable attention, especially from the clergy. He also excelled as a newspaper writer, as a pamphleteer, and as a contributor to the magazines and quarterly reviews.

After the commencement of the war of the Rebellion, he went to Washington, and became connected with the internal revenue office, then in 'ts infancy, where he remained until his death, which occurred at his home, in Washington city, after a very brief illness, on Januar in the seventy-second ae: of s os 8

Mr. Dille was always full of benevolent schemes for the benefit of society, and looking out for the Interests of the future. At his very last visit to his old home in Newark, an incident occurred which illustrates this trait in his character.

He was met by a deputation of citizens with an address of gratitude for something that he had done thirty or forty years before. It seems that when: Newark was a small village, he was chosen its mayor; and in pursuance of his usual disposition to look after the interests of the future, he undertook to beautify what is now Kaows as cla spe datanetive ee dee a with elms. His work ssl a : me at the time, but the years ae efile trees grew, till now they are the beauty and glory of the place, and the citizens who are enjoying the benefits of his beneficent labors, may well hold him in grateful remembrance.

S. D. King was a native of Berkeley county, now West Virginia, but came to Ohio in early life, completing his education at the Ohio university. After graduating, he studied law, was admitted to the bar, and located in Newark for the practice of his profession, about fifty-two years ago. He soon attained to a position of prominence as a lawyer, and had an extensive and lucrative practice, which he retained through a period of at least one full generation. His conspicuously successful career brought him wealth, honors, and friends. Hehad but little ambition for public life, and, therefore, seldom sought the suffrages of his fellow citizens; he, however, sometimes accepted positions that gave him opportunities to aid in promoting educational and Christian interests; he also served as prosecuting attorney, and as a member of the State legislature. His influence was always in favor of the right as he saw it. He outlived all his cotemporaries and died April 20, 1880, at the ripe age of eighty years.

Several other men of eminent ability have been, and some are yet, connected with the Newark bar, whose biographies will be found elsewhere in this work.

The older members of the present bar of Newark are Messrs. George B. Smythe, C. H. Kibler, James R. Stanbery, H. D. Sprague, Jerome Buckingham, Charles Follett and Gibson Atherton. The younger members who are coming upon the stage of action and whose full success is yet to be determined by the future, are Joel Dennis, J. B. Jones, John D. Jones, B. G. Smythe, Jesse Flory, James W. Owens, John H. James, D. A. Allen, John M. Swartz, J. R. Davies, Judge S. M. Hunter, William A. King, George Grasser, James Lingafelter, W. Taylor, C. Norpel, C. Follett, jr., E. M. P. Brister, L. P. Coman, William Baker, A. B. Barrick, Perry Veach, Clark Barrows, J. E. Lawhead, Thomas Thornton, George P. Webb, Theodore Kemp, Charles F. Bryan and L. B. Harris.

ber - haye occupied the public square. The first one stood a little north of the present building; was built of logs, and when first erected the floor was mother earth, either bare or covered with sawdust. It was a square pen, one or two stories in height (statements differing regarding this), the seats were slabs or puncheons laid upon blocks of wood. It was in perfect keeping with the cabins of the settlers, and was erected in 1809 or 1810, serving all the purposes of a court house until about 1815, when another was erected. This one was stylish, comparatively; being built of brick, two stories in height, thirty or forty feet square, surmounted with a roof which sloped from either side to the center, upon which rested the square cupola, The upper part of this building was occupied as a court room, and the lower part for offices, there being an office in each corner. This building stood about where the present one stands, as did also the one which immediately succeeded it. About 1832 it became necessary to erect a new one. The old one was not only too small for the accommodation of the increased business, but it had been poorly constructed and was beginning to decay; it was, therefore, taken down, and another brick structure erected in its place, which, however, was but little improvement upon the old one except that it was larger. It consisted of two stories and a basement, and was built something after the style of the old court house in Richland county, and shows that certain ideas of architecture for court houses prevailed at that time. When the building had been put up ready for the roof, instead of putting on the roof in the ordinary way, another partial - wooden - story was added, with ends jutting out over the main building, these ends being supported by stone pillars. This was supposed to add greatly to the architectural beauty of the building. The pillars, and the part resting on them, were wholly and entirely useless - not probably even answering the purpose for which they were designed, that of architectural finish. The pillars in the case of the Newark court house were on the east and west ends. This building was destroyed by fire in 1874; about the time it was desirable to have a new one.

thousand dollars. It was fire-proof except the upper portion. In March, 1879, the upper part caught fire, probably from a defective flue from the heating apparatus, and was destroyed; burning down to the second story, where the fire was extinguished. In this fire the records in the offices of the recorder and auditor suffered greatly by fire and water. The part destroyed was rebuilt at a cost of forty or fifty thousand dollars. It is a beautiful structure, and looks as if it might stand the ravages of time a few centuries.

The first jail has been mentioned in the early history of the town. It stood on the south side of the public square, and Adam Hatfield, one of the first mail carriers, was probably the first jailor. The second jail was erected on a lot immediately in rear of the Park house,on East Main street. It was a square brick building, two stories in height, and very homely in appearance. About 1840 it was abandoned for the present building, which stands on Canal street, south side, between First and Second. It is a brick, two-story building, about thirty by forty feet in size, with a one-story wing on the east side, occupied by the jailor.

Among the public buildings may, perhaps, be considered the old market-house, which stood facing the square, directly in West Main street where it enters the square. It was erected about 1827 or 1828, and stood upon posts, the lower part being occupied for a market, and the upper part as a place of public worship, and for other public gatherings. Some of the early schools were also taught here. It was used until the present one, corner of Fourth and Main, was erected, in 1839 or 184o.

One of the most important public buildings in the county is the infirmary, located in Union township, eight miles from Newark, and about three miles south of Granville. The first Licking county poor-house, consisting of a hewn log building, was erected nearly upon the site of the present one, December 13, 1838, the first superintendent being Trueman B. French, and the first inmate admitted, Samuel Thrall, of Granville township. In 1862, the old log structure was cleared: off and a brick building substituted, forming one portion of the present main building, Since the first, the farm has also been extended, and now consists of two hundred and twenty-six acres, nearly an acre of which is built over. Mr. William Beaumont, the efficient superintendent, comes from Alexandria, and took the office February 2, 1880. 'The main building is one hundred by forty feet, two stories and a basement, though showing three stories to the public road. On the first floor is the superintendent's office, a dining room for the female inmates, excellent kitchens, cellars, drying and ironing rooms. On the second floor are the superintendent's sleeping apartments; the male patients' dining room, capable of seating sixty persons; spacious sitting rooms for men; a tailoring and clothing department; a. dispensary, suitably appointed for the visiting physician, Dr. S. S. Richards, from Kirkersville: the superinten- _ dent's private office, and a suitable meeting room for the infirmary directors. The whole of the third story is devoted to sleeping apartments.

The hospital and infirmary building is a substantial brick, two stories and a basement, eighty by sixty feet, and is occupied in part by children, who have their own separate dining room and sleeping apartments. The "idiot ward" is also in this building. Around these two structures cluster some fifteen or twenty smaller buildings, occupied as shoe shop, bake house, wash house, store house, slaughter house, winter and spring milk houses, smoke house, ice house, wood house, hog houses, stables, barns, etc. Neat flower and vegetable gardens are attached, and are skilfully tilled. The farm consists of two hundred and twenty acres under a high state of cultivation, having yielded this year eight hundred and five bushels of wheat, eight hundred bushels of corn, seventy tons of hay, two thousand bushels of potatoes, besides pasturing and feeding twenty-two cows, four horses and fifty hogs. There are two orchards, one quite young; the yield of fruit is

The project of establishing a "Home for the Iriendless" in the county has been inaugurated, and it is believed will soon be pushed to completion. It entered into the mind of Mr. Lucius Humphrey, one of the philanthropic citizens of the county, to signalize the close of his life by generously donating a tract of ten acres of land, situated within the corporate limits of Columbus, to this noble purpose. The liberal donor of the munificent gift selected Judges Ruckingham and Follett and Hon. Isaac Smucker as trustees to carry his benevolent purpose into effect, who promptly accepted the trust and entered into the possession of the property. In pursuance of the provisions of the trust deed and of law, a board of trustees, composed of Messrs. Enoch Wilson, David Winegarner and John H. Franklin, has been appointed by the court, who have organized to execute the trust. The land has been conveyed to the county commissioners, who will proceed to sellit and apply the proceeds to the establishment and perpetuation of a children's home, as provided for by Mr. Humphrey, under the direction and superintendence of the recently appointed board of trustees.