Sandusky County, Ohio - Chapter 11: Judiciary Since 1852, 1909

Chapter 11: Judiciary Since 1852

The Constitution of 1851, going into effect in 1852, as to courts, provided for a Supreme Court of five judges, elected by the people for terms of five years; divided the State into nine Common Pleas districts, later increased to ten; each district, having more than three counties contained three sub-divisions; each sub-division by popular vote chose judges of Common Pleas for a term of five years.

It also provided for the abolition of the former distinct forms of action at law, in use, and for the administration of justice, by a uniform mode of proceeding, without reference to any distinction between law and equity. Pursuant to this provision the Legislature in the "'Code of Civil Proceedure," enacted, March 14, 1853, abolished the distinctions in actions at law and suits in equity and the forms of all such actions and suits, and established in their place one form of action only, called a Civil Action.

District Court

In each county, each year, one judge of the Supreme Court, with two or more of the Common Pleas judges of the district, held one term of a 'District Court" which had substantially like jurisdiction and was to supersede the old

Medina and Cuyahoga Counties compose the Fourth district, and Sandusky, Lucas, Ottawa, Erie and Huron made the first sub-division of this district.

Supreme Court presiding, with Common Pleas judges Samuel Starkweather, Samuel Humphreyville, and Lucius B. Otis. The last term was held by William Heisley, Henry McKinney and Louis H. Pike, Common Pleas judges, April 23, 1884, and closing without delay, never again to convene, April 25, 1884. The final order appears in the handwriting of the editor who was then clerk of courts.

In practice this system, for a reviewing court, did not prove satisfactory. The Supreme Court judges did not like to do this work and rarely attended, so that usually the court was composed wholly of Common Pleas judges; and the question being raised as to the validity of the court without the presences of a Supreme judge, it was held by the Supreme Court, that such court, when held by three or more Common Pleas judges, was lawful and constitutional (19. O. S. 587.) But the principal objection was in the composition of the court, made up as it was of the same judges presiding in the Common Pleas courts from which cases came for review. Although the judge in cases, which had been heard before him in his lower court capacity did not sit in review, still there remained belief that what is called judicial courtesy was sometimes exercised toward such judges, by his brethren with him on the bench and influenced decisions. The system became so unsatisfactory that in 1883 a constitutional amendinent was adopted providing for the present Circuit Court, with, substantially similar jurisdiction, and to supersede, the old District Court. In 1884 pursuant to this constitutional amendment the State was divided into seven circuits, and later 1887, the Eighth

Sandusky County was placed in the Sixth Judicial Circuit, with Lucas, Ottawa, Erie, Huron, Lorain, Medina, Summit and Cuyahoga, and the judges for the same, first elected and holding the first court in Sandusky County were William H. Upson, Charles C. Baldwin and George R. Haynes. In 1887 when the Eighth Circuit Court was formed, the counties of Cuyahoga, Lorain, Medina and Summit were taken from the Sixth to compose the Eighth and the counties of Williams, Wood and Fulton were added to the Sixth Circuit, which has remained thus constituted to the present.

Probate Court

The present constitution provides for the election by popular vote in each county of a probate judge, whose functions in probate matters are similar to those of the associate judges under the old system. In addition to ordinary probate jurisdiction this court has jurisdiction, with a jury, for the appropriation of property for public use, and criminal jurisdiction in minor criminal cases, and is clothed with power, in many cases and proceedings not requiring a jury. The names of the probate judges of Sandusky County have been given in a former chapter of this work.

The Bar Since 1852

Since the adoption of the present constitution, the following named lawyers have been members of the Sandusky County bar. For the reason that the dates of admission of some have not been furnished, the list is arranged in alphabetical order, with dates of admission,

Rose Case

At the January term, 1853, the case of the State of Ohio against David C. Rose, for the murder of Emanuel Elwanger on the 23rd day of August, 1852, was tried. E. F. Dickinson was prosecuting attorney, assisted by George R. Haynes. The jurors were W. S. Russell, Jermiah W. King, Jermiah Smith, Amos R. Carver, Eliphalet D. Follet, Jacob Kreager, William Haff, Thomas Holcomb, Justice Cobb, Samuel Spangler, Harry Bowlus and M. Clayton. The defendant was found guilty and sentenced to the States' prison for three years.

James Case

The case of the State against William James, who lived in Townsend Township, for the murder of Isaac June, May 18, 1858, was tried at the November term following. T. P. Finefrock was prosecuting attorney, and Brice J. Bartlett & Son and J. L. Greene, Sr., were attorneys for the defendant. The jury was composed of the following persons: James Huss, Ami Williams, Daniel Waggoner, John C. Taylor, William A. Hill, Noah Hathaway, Daniel Earl, Christopher Hone, Joseph Lease,

Young. The jury found the defendant guilty of murder in the second degree, and he was sentenced by the court to imprisonment in the penetentiary for the period of his natural life.

Isaac June and William James were neighbors, living near York Station, Townsend Township, Sandusky County. The former possessed considerable means in land and personal property, while the latter was a man of small means. James incurred the emnity of June, by not inviting to the marriage of his daughter, in March, 1853, a girl living with June at the time, though he had invited June and the then, Mrs. June, the latter accepting the invitation and being present. Thenceforward, as claimed by James, and which seems to have been true, June pursued him with bitter hatred, and did all he could in every way to bring him to poverty, and to disgrace him and his family. James, finally becoming desperate, on the morning of May 18, 1858, very early, went to June's house, as he claimed, to end the trouble by killing himself in the presence of June. Here a struggle occurred between them, during which James cut June across the abdomen with a knife, completely disemboweling him. June lingered until the third day and then died. There was no person present to witness the tragedy, but the girl whose slight by James had been its cause. .

June in his will, left by him, dated July 23, 1857, and probated June 8, 1858, leaves the bulk of his property to this woman whom he mentions as his wife, but the marriage record shows that they were married on May 18, 1858, the day of the murder. The wife who attended the James marriage before mentioned, procured a divorce from June in November, 1853, together with alimony in the sum of $2500. James was pardoned January 9, 1864, by Governor David Tod.

Knapp Case

The trial of Isaac Knapp for the murder of his brother Walter in Riley Township on September 1, 1877, occurred before Judge T. P. Finefrock, and a jury at the October term, 1877. Hezekiah Remsburg, the official prosecuting attorney, assisted by Homer Everett, represented the State; John L. Greene, Sr., and M. L. Snyder appeared for the defense. The names of the Jurors do not appear in the record, strangely as it may seem.

The two brothers had lived with their father Walter Knapp, Sr., but on account of trouble between them, Walter had recently left home, and gone to live with a neighbor by the name of J. J. Robinson near by. The ill feeling continued, which grew out of money matters between them. Isaac bought a pistol, and practiced shooting at a mark in the woods, and at apples in the orchard, and told parties that he would shoot Walter if he did not pay him some money, which he said Walter owed him; he had sued the claim before J. R. Clark, justice of the peace. The constable served the summons on Walter at the house of Robinson where he was staying. He left his work and went with the constable, to see Isaac at his father's house, where a violent quarrel took place between the brothers, and threats were made against each other. Walter returned to Robinson's for the night. The next morning, early, before breakfast, he went to his father's and on going to the house was shot by Isaac. There was no one present, but the father and mother and a little girl five years old. It seems that the story of the parents were inconsistent and contradictory at the trial as to the shooting. They stated in substance that the old lady had breakfast about ready and had called the family, and Isaac had come down stairs, washed, and was sitting on a railing behind the stove in a small low shanty in front of the house, almost wholly filled up by a stove, table and chairs, when Walter, who was at the barn and had had a conversation with his mother ten or fifteen minutes before, and had given her his picture and confessed his misconduct towards her, came to the house a few minutes after, to her surprise, threw down his hat, picked up.a chair, asked Isaac how much he owed him, and on Isaac saying eleven dollars, denied it with profanity and went for him, saying he had come to kill him, to take his heart's blood or to have Isaac take his; and that then the old lady threw her arms around Walter's waist to hold him back, both standing on the steps, while the father held on to Isaac, Walter, the while, making desperate efforts to hit Isaac with the chair, and Isaac begging him to stop and let him out, saying he would go away and never bother him again; "Isaac being very much frightened for fear of his life, just hauled up and shot Walter through the heart, without taking aim or scarcely knowing what he was doing."

And Representative Citizens Etta Smith Case

1877, where he remained until October 109, 1882, when he was unconditionally pardoned by Governor Foster, and returned to his home in Sandusky County. The pardon was based upon the certificate of Dr. Gay of the penitentiary and Dr. Stamm of Fremont, that Knapp had tuberculosis, and that death would speedily follow, unless he should be removed from the prison. The claim was afterward made that the pardon was obtained by fraud, practised by Knapp in procuring the certificates from the physicians, by feigning sickness and by eating soap and other unwholesome articles. Knapp was re-arrested and returned to prison. On a writ of habeas corpus sued out by Knapp, the Supreme Court held that the pardon granted him was irrevocable and he was accordingly discharged. He died in August, 1883, in Indiana; and Dr. Gay, one of the physicians who furnished the certificate upon which the pardon was based, is authority for the statement that Knapp's condition was as stated in the medical certificates. ETTA SMITH CASE.

At the October term, 1878, Miss Etta Smith, a teacher for thirteen years, in the Fremont public schools, was tried for the attempt to cause the death of Sarah Stine, wife of the treasurer of the School Board, William W. Stine, by poisoning. She caused to be left at the home of Mr. Stine, a basket, containing poisoned candy, oranges, figs and a veal roast, with a note reading as follows "W. W. Stine, we will see you at dinner or tea. Don't wait." Mrs. Stine did not know what to make of it, but put the meat in the oven with the determnation not to eat of it unless some one came. The children, however, tasted of the candy and figs, and said they were bitter, and one of them vomited after tasting a fig. Mr. Stine was absent from home in Kansas. Mrs. Stine tasted of the gravy from the roast, and found it bitter; she then caused the articles to be examined by a physician, who found them to be mingled with strychnine. The basket with contents was traced to Etta Smith as_ the sender. She was indicted by the Grand Jury, and put upon trial. Her plea was insanity. The motive for the attempted poisoning, was supposed to be to destroy Mrs. Stine and chil- dren in order that she might become the wife of Mr. Stine and have him alone to herself. Stine denied any improper relations between Miss Smith and himself.

The jurors were David Fuller, Lewis Brunthaver, David Hetrick, Henry House, John Linebaugh, Charles Livingstine, John Kuhn, D. Swigart, Jackson Tinney, George McGormley, William Woodford and Daniel Seaman, who returned a verdict of guilty of "Mingling poison with food with intent to kill." She was sentenced by Judge Finefrock to imprisonment in the penitentiary for a term of two years. She served out her term of imprisonment and went to her relatives in Pennslyvania, since which time nothing here, is known of her.

Hays Case

An interesting trial was that of the State against William Hays, at the October term, 1878, for the alleged murder at Clyde, Ohio, on April 29, 1878, of Eli Cupp, by shooting him to death in his (Cupp's) saloon, where a violent quarrel occurred between them resulting in the killing of Cupp. Both men had bad reputations in Clyde, and Cupp was regarded as a desperado. The men had a quarrel in regard to a matter of a small indebtedness by Cupp to Hays. It seems that threats had been made by Hays against Cupp's life. Hays was indicted for murder in the first degree. The State was represented by John T. Garver, official prosecuting attorney, assisted by Basil Meek and Col. J. R. Bartlett, the latter employed by the relatives of Cupp, and the former appointd by the court to assist the prosecuting attorney. The defense was conducted by James Pillars of Tffiin, James Tyler of Perrysburg and John M. Lemon of Clyde. The jurors were, Henry Gilbert, Christian Stahl, J. P. Mahr, M. Paine, Rudolphus Brugger, C. H. Bell, John Reed, Frank Quilter, Joseph Rearick, Cyrus Thompson, David Burgoon and Oscar Ball.

The court room was crowded during trial. The wife and father of Hays sat by him. Mrs. Cupp. with one of her children, and Mrs. Bradley Riddell, a sister of Cupp, and

194 ES TORY Or other relatives of Cupp, were present. The facts as to the shooting during the quarrel were substantially these: Cupp raised his hand, calling Hays a vile name. Hays pushed Cupp back with his left hand, telling him to keep away. Cupp then struck Hays a blow in the face, knocking him against the bar of the saloon, and started to run towards the end of the bar. Hays fired at him; Cupp then caught hold of a young man, who was present and swung him between Hays and himself, and dodged to get behind the bar, and while he was passing around the inside corner of the bar and fired the third shot. Which shot was crouched down behind the bar on his hands and knees; whereupon Hays reached over the bar and fired the third shot. Which shot was the fatal one was not known. Hays was then caught by some men present and put out of the saloon. Cupp got up and was helped out through a back door, into a room nearby, where he, in a few minutes, died. Hays denied having premeditated the killing of Cupp, or any intention of getting into a quarrel with Cupp before meeting him in the saloon; he also claimed to have been so dazed by the blow struck by Cupp, as not to be conscious of the shooting done by him; and further claimed that he was carrying the pistol, with which the shooting was done, for protection against a threatened assault by an Indian residing in Clyde at the time, with whom he had had a quarrel.

The verdict of the jury was "not guilty." The complete acquittal was a surprise to all who had knowledge of the facts in the case, and could only be accounted for upon the grounds of the general bad character of the deceased. Hays' parents resided in Wood County and were good people, but the son had a violent temper and was disposed to be quarrelsome.

Welch Case

The State against John Welch, was tried at the April term, 1880, Judge J. H. Doyle of Toledo, Ohio, presiding. The State was represented by John T. Garver, prosecuting attorney, edssisted. bye 1. "PF .. Pineirock Sand ).eR. Bartlett. The defense by H. Remsburg and John M. Lemon. The jurors were, George

Sandusky Counts

The defendant was indicted jointly with two others, for the murder of a stranger whose name was then unknown, stopping at the Commercial Hotel in Fremont, who in the night was decoyed by a female accomplice to an unfrequented spot in the city, and there murdered and robbed by Welch. The trial lasted about two weeks, and the defendant was found guilty of murder in the first degree. On July 12, Judge Doyle sentenced him to be executed on December 3, 1880. December 1, sentence was suspended until February 25, 1881. On February 25, sentence was suspended until March 4. On March 3, 1881, sentence was commuted to imprisonment in the penitentiary for life; which commutation was by the defendant accepted March 4. He afterwards committed suicide in the penitentiary.

The other parties, one being the female accomplice, jointly indicted with Welch, were never tried, and the indictment ds to them was nollied. This female gave her testimony against Welch at the trial. The murdered man was ascertained to be Anthony Gottsacher of Greensburg, Pennsylvania, a tailor, who

Radford Case

John Radford was tried and convicted at the April term, 1883, of the murder of his wife, Anna Radford, November 4, 1882, near Bellvue, Ohio. At the January term, 1883, he was indicted for murder in the first degree, and was tried at the April term following, before Judge C. P. Wicklann, and a jury as follows: A. H. Ake, J. Stout, Jr., Daniel Parkhurst, William Myerholtz, Henry H. Taulker, George Ash, Joe Plagman, Jacob Engler, Rudolphus Dickinson, John Harris, L. Walhoff and Titus Nolf. The State was represented by George Kinney, prosecuting attorney, assisted by John Lemon and Col. J. R. Bartlett. The defense was conducted by T. P. Finefrock, T. R. Strong and O. E. Kellogg. The trial lasted ten days, and on May 30, the jury returned a verdict of guilty as charged in the indictment. Radford admitted the kill- ing, but claimed that the shooting was done while he was stunned from the effects of a blow upon his head with a garden rake, in the hands of the mother of his wife, who was maliciously assaulting him at the time; that there was no previous purpose to injure his wife, and that the act was committed while he was in a dazed condition from the blows received by him, and was unconscious of what he was doing. Radford was a man of very violent temper, and had been abusive toward his wife, who had the day before the murder commenced proceedings in the Common Pleas court against him, for alimony. She was at her mother's house when the quarrel occurred, which resulted in the murder.

On June 15, the court sentenced Radford to be executed on October 12, 1883. This sentence was carried into effect accordingly by Charles F. Pohlman, Jr., sheriff of Sandusky County, at 12:10 P. M., October 12, 1883.

The Billow Case

Perhaps, one of the most interesting criminal cases ever tried in the county, was the case of the State against Louis Billow, at the January term, 1900, of the Common Pleas Court, for the murder of Jacob Hess on May 16, 1896. Billow loved the daughter of Mr. Hess, and had made her proposals of marriage which she had rejected. Her parents supported her in rejecting his offer. Persisting in his efforts to win the daughter, he believed that the parents were the main obstacle in his way, and if they were disposed of he would be successful in gaining her hand. The day previous to the murder, he filled a basket with explosives, which he took with him to the home of a relative, who lived a few miles distant from the residence of Mr. Hess. He remained with this relative a part of the night, and from there went to Hess's house, to carry out his evident purpose of destroying the parents of the girl, for, in placing the explosives, he put them under that part of the residence containing their bed room. He also had with him a double-barreled shot gun. Igniting a long fuse which he had connected with the explosives, he secreted himself at a safe distance, but within range of the house with his gun, ready for use against any one who might escape therefrom, when the explosion would occur. No one was injured by the explosion; but Mr. Hess and his son rushed to the door, to ascertain the cause of it, and thereupon Billow, from his place of hiding, discharged his gun at them. The father, Jacob Hess was mortally wounded and died soon after being shot. The son was seriously, but not fatally wounded, and recovered. Billow's basket with his name written upon the handle, was found where he had left it, after removing therefrom the dynamite. He made good his escape, fleeing from state to state and at one time to Mexico, a fugitive for more than three years, finally locating in the County of Kittetas, State of Washington, where he was found and captured. When arrested he made no denial of the charge against him, but told the officers all about the terrible tragedy, and of his many adventures in his various wanderings from place to place to escape detection and capture.

The trial was begun February 6, 1goo, and lasted till March 18. Judge Charles S. Reed presided and the jurors were, G. W. Flory, John Elmers, Jonathan Bonowitt, John Linebaugh, John Bender, Hugh Havens, Grant Russell, B. F. Bretz, S. A. Wilson, G. F. Keefer, T. H. Brewer and Join W. Spriggs.

The State was represented by George H. Withey, prosecuting attorney, assisted by George Kinney, Francis O'Farrell, John B. Stahl and Meade G. Thraves. The attorneys for the defense were John T. Garver Birt S. Garver, P. D. Garver, B. A. Fouche and S. C. Garver.

The defendant's counsel made the defense of insanity, only. There was probably no case tried in this county, where medical expert testimony figured more than in the Billow case. The defense produced, as medical expert witnesses, Dr. H. C. Eyeman, superintendent of the insane asylum at Massillon, Dr. Cooper of the Toledo Hospital for the Insane, and Drs. M. Stamm, R. B. Meek, M. O. Philips, R. H. Rice, O. C. Vermilya and C. B. Finefrock of the local physicians and surgeons. The State called Dr. S. V. Clevenger of Chicago, author of a work entitled "Medical Jurisprudence of Insanity,' Dr. Carpenter, Superintendent of

The defendant on March 18, 1900, was sentenced. to confinement in the penitentiary for the period of his natural life without benefit of pardon or parole.

The testimony in support of the plea of insanity must have been sufficient to cause the jurors to recommend mercy, for, there were no extenuating circumstances, otherwise, to warrant such recommendation in behalf of the defendant.

The following lawyers met at the law office of General R. P. Buckland, November to, 1879, to consider the matter of the organization of a Bar Association, namely: General R. P. Buckland, Homer Fverett, Thomas P. Finefrock, Colonel J. R. Bartlett, John M. Lemon, Basil Meek, M. E. Tyler H. Remsburg, John T. Garver, H. R. Finefrock, M. D. Baldwin, H. S. Buckland, A. H. Rice, Lester Wilson, A. B. Bushnell, C. B. Winters and B. R. Dudrow.

Hon. T. P. Finefrock was called to the chair, and Basil Meek was appointed secretary. On motion of Mr. Everett, a meeting of the members of the Sandusky County bar was called for the 19th of November, 1879. The meeting was accordingly held November 19th. General R. P. Buckland was called to preside, and Basil Meek was appointed secretary. Colonel J. H. Rhodes moved that the Sandusky County bar organize a Bar Association; which motion being seconded, and after remarks from lawvers present, was unanimously carried and a committee composed of General Buckland, chairman, Basil Meek, secretary, and Homer Everett, John M. lemon, J. R. Bartlett and J. H. Rhodes, was selected to prepare and report at the next meeting a Constitution for such Association. *The meeting thereupon adjourned to meet Monday evening, December 1, 1870. This meeting was accordingly held and those present were the following lawyers: General Buckland in the chair, Basil Meek,secretary, Homen Everett, }..EL.. Fowler ~]. By Rhodes, M. E. Tyler, H. R. Finefrock, John L. Greene, J. B. Loveland, W. W. Ross, John"T. Garver,

Homer Everett, from the committee on a constitution, read the report of the commitee with the form of the Constitution prepared and recommended for adoption. The report was received, and the Constitution reported was unanimously adopted, and ordered to be entered at length in a book to be provided for the purpose, which was accordingly done. The Constitution was thereupon signed by the following attorneys (who are called charter members), viz: R. P. Buckland, E. F. Dickinson, Basil Meek, Homer Everett, W. W. Ross, J. L. Greene, Jr., J Elwell; hHoeS. Bucddand, M. D., Baldwin, T. P. Finefrock, James K. Biderkin; A. H. Rice,.H. R. Finefrock, J. H. Rhodes, John T. Garver, J. R. Bartlett and L. E. Stetler. Gen. R. P. Buckland was elected the first president, Col. J. H. Rhodes, vicepresident; Homer Everett, treasurer, and Basil Meek, secretary. Forty-six additional names have been added to the enrollment, making a total membership enrolled from the beginning of sixty-three.

. fon. Thomas P. Finefrock was elected president, which position he held until his death, March 27, 1909; Col. J. R. Bartlett is vicepresident.

Law Library Association

This is an incorporation not for profit, and was formed February 18, 1898. The incorporators were, John J. Greene, D. B. Love, Lester Wilson, M. G. Thraves and J. R. Bartlett; but

The Reporter System was adopted and carried into effect, and the library is now supplied with about two thousand volumes of reports and digests, which contain reports of all cases in the courts of last resort in the states and in the United States back for about thirty years; and all the decisions of about thirty-five states of the union, complete, together with the current decisions of all the courts of last resort of all the states; and which by advance sheets are brought up to within two weeks from the date of decisions. The library is located in rooms in the court house next to the court room, and having the usual conveniences of tables, chairs, with lights and heat; and to the regular library is added the law library of the late James H. Fowler, consisting of about eleven hundred volumes, which he bequeathed to the county for the use of the courts and bar, and which the county commissioners have placed with the Law Library Association as trustee for safe keeping and permission to use at the library rooms.

The first board of trustees elected was composed of John L. Greene, J. R. Bartlett, D. B. Love, S. S. Richards and Lester Wilson. Hon. John L. Greene was elected president and served until his death, July 20, 1903, and M. G. Thraves was elected secretary and treasurer, and served until 1907. M. G. Thraves

The present board is as follows: Basil Meek, president; Silas S. Richards, vice-president ; D. B. Love, James G. Hunt and John B. Stahl. Morton S. Zeigler is secretary and treasurer and also librarian of the association. Access to the law library is free to all public officers, judicial or others, including township, village, city and county, and all members of the association have access upon the terms prescribed by the association.

The county commissioners provide the room and furnish light and heat for the library, and the court of common pleas appoints the librarian and fixes his salary, which is not to exceed $500.00 per year, which is paid by the county. It is the unwritten rule established and practiced between the association and the librarian that his salary is turned into the association for the purchase of books, and his services are to be gratuitous. The Sandusky County Law Library is regarded as among the best equipped libraries of the kind in the state, in cities of the size of Fremont.