Seneca County, Ohio - Chapter 6: The Courts and Bar, 1886

Chapter 6: The Courts and Bar

AS man is the capital of nature, so does he afford to man a subject for deep inquiry. It has been understood throughout the ages that crime is hereditary. The gambler who placed his fortune at the small mercy of a die long centuries ago, may possibly be the ancestor of a notorious mountebank of the present time; and the creature whose passions led him to the crime of murder, while yet Caesar ruled the Roman empire, may possibly have been the first of a race whose representatives disgraced every generation of the past and continue to stain the civilization of our time. Whatever faith may be placed in the hereditary theory of crime by the great majority of people, it seems to be approved by facts; demonstrations of passions transmitted fi'om father to son are common, and therefore it is not a matter of surprise to learn that he who is convicted of a great crime followed in the very footsteps of some ancestor. Though the advance of civilization has materially retarded an indulgence in criminal acts, it has not stayed the workings of nature in regard to the tierce passions of man. They who in former times followed the vocations of their fathers, now seek out varying labors, and thus the tendency of intuitive viciousness is held in check, though it can never be whoUy subdued.

Very few hereditaiy criminals join the fortunes of an early settlement; they come in after years, often with the best intentions, and for a time observe all the conventionalities of life; but afterward the ruling passion begins to reassert its terrible superiority over the mind, and the result is crime, sometimes insignificant, but generally monstrous and shocking.

To preserve the lives and properties of the people against the machinations of such men, the State promulgated her ' 'statutes, ' ' or legal rules, which not only prescribed the penalties and punishments to be inflicted on transgressors, but also defined the manner in which the laws shoTild be administered.

The people of Seneca put these laws in operation the moment they organ- Eed the township of that name. The old justices, associate judges and chief jnstice were the centers of equity. The primitive appearance of the early courts, the desire to do justice, evident in the words and gestures of the judges, their genial dispositions, and the free and easy characteristics of the bench, bar and clients, made the administration of the laws, admirably democratic, fully suited to the requirements of the time, and capable of adjusting all discords that might creep into existence within the young county. Under the second order of affairs many cases of a serious character were presented to the coiu-ts. With the advance in population and knowledge new sources of discord became known - land disputes, boundary rights, even forgery and perjury became common, and the era of divorce was introduced. A few murders were perpetrated, one of which is treated on in the Indian Chapter, and other causes, calling for legal aid, sprang up, and as the court calendar extended itself, so also ambitions grew, and out of the evil came the good that gave to the county a large number of men learned in law and public economy.

Men of that large profession, who can speak To every cause, and things indeed contraries, Till they are hoarse again, yet all be law; That with most quick agility can turn And return, make knots, and undo them. Give forked counsel, take provoking gold From either side and put it up.

The first robbery, and the first law case which occurred in Seneca County, was in 1821, when the Indian captive, William Spicer, was robbed of several thousand dollars. This Spicer had his cabin and stock farm on top of the plateau, on the west side, opposite the north end of the island in the Sandusky, and toixr miles south of the old military post. While alone in the cabin a carpenter from Fort Ball, named William Rollins, entered, told Spicer to give up his gold and silver, and then struck him to the floor. While in a semi-conscious state, he heard Rollins laugh and address other men who joined him; but, on recovering, the robbers were gone and with them several thousand dollars in gold and silver. Louis Papineau was then constable, and he, assisted by Benjamin Barney and Caleb Rice, arrested Rollins, Butler, Case and Downing, brought those of them who did not escape to trial, and succeeded in having Rollins sentenced to eleven years in the penitentiary.

The history of the courts and bar of Seneca County may be said to begin with the settlement of Rudolphus Dickenson, at Fort Ball, in 1824, and the opening of the circuit court in Hedges' Building on Virgin Alley, April 12, the same year. During the short period which elapsed between the date of his settlement at Fort Ball and the opening of the circuit court, the celebrated case of Spencer vs. Hedges, known to Judge Lane as the ' ' Dam ' ' case, was prepared by him. Judge Ebenezer Lane, Associate Judges William Cornell, Matthew Clark and Jacques Hulburt opened court on April 12; when Neal McGaffey was appointed clerk. Agreen Ingraham, who was elected sheriff a few days prior to April 12, opened coUrt in regular form. The case of Spencer vs. Hedges was begun in September, 1824, the particulars of which are given in Vol. I, Court Records, now in Clerk Mager's office, at Tiffin.

The first case on record was that of Josiah Hedges vs. Jesse Spencer, tried in chancery before Judge Ebenezer Lane, September 21, 1824, on a bill filed May 3, 1824, in the clerk's office. R. Dickenson, for the defendant, filed his demurrer, denying the sufficiency of the plaintiff's case as well as the authority of the covut. In April, 1825, the plaintiff withdrew the suit and the defendant was empowered to recover costs.

The next entry is made May 1, 1826, in the case of Thomas Butler vs. Josiah Hedges and Jesse Spencer; the plaintiff being represented by C. Boult, and O. Parish and R. Dickenson for defendants. In June, 1826, the case was still before the courts, A. Coffinberry, representing Hedges, and continued to May, 1827, and the demurrer sustained. In November, 1827, Ebenezer Lane, Jacques Hulburt, William Cornell and Matthew Clark presided. In March, of that year, the case of Spencer vs. McNeal was concluded, the complaint being that the former left a note of about $150 value on the counter of the latter, which was taken posession of by McNeal, and that he delivered to him, by mistake, another note of $9(X), both of which McNeal refused accounting for. A. Coffinberry was for plaintiff and Dickenson for McNeal. The bill was dismissed with costs, it being apparent to the court that the defendant had settled such notes. This was followed by the case of Spencer t\s. Dickenson; A. Coffinbery for plaintiff, and O. Parish for defendant. The defeat which waited upon Spencer was disastrous.'

Isaac Van Meter, appeared before Judge Lane and associates against Isaac Brandt, and stated that the plaintiffs were tenants in common with the three Brandts in l.OOt) acres, known as the Van Meter Tract, granted to John Van Meter, deceased, and his wife's three brothers, the Brandts, by the treaty of September 29, 1817, and by that of St. Mary's, in 1818; also that Abram, son of John Van Meter resides at Fayette, Ind. , and Isaac in Belmont County, Ohio, and the three Brandts on the original gi-ant. The bill prayed for a partition of the reservation. The bill was tiled in 1827. continued by their attorneys C. L. Boalt and O. Parish, and dismissed with costs, in November, 1828, by request of Van Meter's attorneys, on account of infoi-mality.

In November, 1S28, the case of Men-itt Goodyear vs. Charles Fitch and his childi-en A. Goodyear and James F. Goodyear, arose out of one of those peculiar family quarrels which are bred by strong drink. Dickenson & Rawson appeared for the father. Owing to the absence of the children in New York State the case was continued to November, 1829, when the conditional deed given, pending the reformation of MeiTitt Goodyear, was declared invalid, and a deed ordered to be executed by Charles B. Fitch, gtiardian of Goodyear' s childi-en. to the reformed father for the east half of the southwest quarter of Section 15, Town 2 north. Range 15 east.

The case in chancery of Josiah Hedges vs. Thomas Butler, Agreen Ingraham, Alexander Long and Sally Ai-mstrong, administrators of Robert Ai-mstrong, (deceased), and Silas Mclntire Armstrong and Catherine Anustrong. was heard in November, 1828; was presented by R. Dickenson, Thomas Butler, heir of Paiil D. Butler, and James Purdy, guardian ad litem of Silas, Catherine and John Ai'mstrong, answered the complainant, and had the bill dismissed. This case, as well as that of Isaiah, Jane and Marcus Heylin vs. Spencer, Hedges, Long and the Ai'mstroug family (brought before the court, at this time) are made important by the fact that they relate closely to the settlement of Fort Ball. The case of Agreen Ingraham vs. Mary, Benjamin, Martin, Fronica, Esther and Samuel Messer, or Musser, was introduced by Abel Rawson and R. Dickenson. May 30, 1827, was completed in November, 1828, when seventyfive and a half acres were ordered to be conveyed to Ingraham, at §3 per acre. This land is situated in the northern part of the southwest quarter of fractional Section 36, Town 2 north, Range 14 east, and was valued by James Gordon, "William Clark and Ezra Brown, api^raisers. In September, 1825, "William Sponable. son of John Sponable (deceased), applied for jiermission to sell his late father's lands in this county. John Welch, David Clark and James Mathers were appointed appraisers: but after several continuances the case was dismissed in May. 1 829.

The bill in chancery filed by James Gordon, Joseph Pool and Sidney Moore «.s. Jesse Spencer and Agreen Ingraham was heard in May, 1829. This was simply a suit on promissory note against Spencer, and also against Ingraham, as sheriff, who held some moneys arising from previous sales of Sjiencer's property. The sheriff was ordered to pay to the plaintiff the sum of §ir32.26 and costs, $8.71. Alexander McNutt tiled a bill vs. Caleb Rice, Andi-ew Cutright, justice of peace, and HaiTy Fuller, in May. 1829, as an appeal from justice Cutright's eoiui (March, 1828), and a protest against a supjiosed decree of the court of common pleas, alleged to l>e issued in 1828. Caleb Rice, the original plaintiff', withdi-ew the suit and paid S2().4() costs.

The bill of Jacob Foncannon i-.s. Mary Foncannon, Jane, Amanda and Samuel Chadwick was filed by Abel Rawson in 1829. This set forth that Michael Foncannon (deceased in 1827), entered in Februaiy. 1822, the west half of the northeast quarter of Section 29, Town 2 north. Range 15 east, which lands were claimed by the defendants. The court decreed that this property should he conveyed to Jacob Foncannon, and that the decree should be a valid conveyance in itself, in the event of the respondents not conveying such lands in legal form.

In June, 1831, president Judge David Higgins, with associate judges Selden Graves and Agreeu Ingraham, present. The petition of IVL's. Shaver, to sell land, was the first case brought before them.

In October, 1830, the bill of Josiah Hedges vs. Zane McCuUough, Elliott McCullough. Samuel McCullough, Sidney McCullough, Levi Davis, Antkew Lugetibeel and Rollin iloller was filed, and heard by judges Higgins, Graves, Pittiuger and Ingraham. in ilarch. 1882, A. Cofiiuberry representing Hedges. The case against the respondents was dismissed and the plaintiff ordered to pay all costs. The petition for partition, filed by Orrel Kilboiu'n, vs. Case Brown, Elizabeth Ann, James M., Maiy Ann, William C. and Samiiel C. Stevens, heard in March, 1832, dealt with that part of Jlelmore on the west half of the southwest quarter of Section 23, Town 1 north, Range 15 east. Elisha AVilliams, George Dennison and John Downs were appointed appraisers, with instructions to set off a fourth part to OiTel Kilboiu-n: three equal eighthparts to Case Brown: and three equal eighth-parts to each of the chikh-en of James M. Stevens (deceased). This was followed by the bills of Buckley Hutchins and Alice Stevens, administrators of the deceased, J. M. Stevens, asking the coiuis to complete the contracts of the deceased J. M. Stevens with Daniel Palmer, George ilcLaughlin and John Gibson. Judge Higgins authorized the petitioners to complete such contracts and convey the lots refeiTed to. In October, 1S32. Thomas W. Williams (who came from Great Britain in 1801, was proven, by Reuben Williams and Calvin Bradley, to have resided in the United States continuously for over five years) was natui-alized. John Sullivan, a native of Ii'eland, was also natiualized, Patrick Kinny giving evidence of his residence.

In October. 1832, Joel Chaffin applied for the benefit of the act for the relief of insolvent debtors. David Andi-icks and Benjamin Carpenter presented like petitions. In 1832, the bill of the State of Maryland vs. Jacob Plane and Josiah Hedges, was heard to compel the former to pay over to Jacob Rusher a large sum of money, which he took with him to Seneca County, belonging to the said Rusher, of W'hom he was guardian, and to draw away from him the protection of Hedges. Parish and Bayard were counsel for plaintiff. Lawjer Wilcox for defendants. Owing to want of jiu'isdiction, the bill was dismissed bv Judge Higgins. This case was returned for hearing in 1830.

In May, 1833, the case of Joseph Walker and John Walker vs. Archibald Johnson was heard. This was a suit to compel Johnson to convey to the Walkers certain lands on Section 14, Town 1 north. Range l-teast, which he delayed doing according to repeated verbal and written contracts. Prior to judgment this case was settled out of cotu-t. At this term, also, John Sender, executor of William Montgomeiy (deceased), petitioned for leave to complete contract with John Leatherman. entered into by Montgomery, in September, 1830. for the sale of six acres in the soittheast corner of Section 7, Town 2, Range IT). Sidney Smith, guardian (td litem, represented Samuel Humb, AN'illiam and Isabella Montgomeiy. minors. The petition was granted. In March. 1S33. Jehosaphat McCauley was arrested and imprisoned at the suit of Heniy Cronise, and in October, 1833, he ap[)lied for the benefit of the act for the relief of insolvent debtors.

partners, James McCrea, Moses Champion, David C. Morrow, John McCrea, Nathan Merriman and George Moyer, vs. Edward R. Foreman, stated that long before 1882 one Joseph Foreman owned lands on Section 33, Town 1 north. Range 17 east, and also Lot 8, in Location 3; but that such lands were now (1833) in possession of his son, the defendant; that Joseph Foreman obtained several lots of goods on the strength of his ownership of the lands and then left for parts unknown. The petitioners were represented by Rawson & Smith. Foreman's demurrer was set aside, and a decree against the estate, in favor of the plaintiffs, was entered,

Delilah Litt, who died in 1833, owned the northeast part of the west half of the southwest quarter of Section 31, Town 2, Range 15 east. George W. Gist was appointed administrator, and C. L. Boalt guardian of his minor heirs ad litem.

In October, 1834, Stales Edwards applied for the benefit of the Insolvent Debtors Act, also J. Adam Houseknecht. In May, 1835, Robert W. McClure made application.

In March, 1835, the case of Reuben "Williams vs. Hedges was heard. This set forth the contract for building the Washington Street bridge. Williams was represented by Sidney (Sea) Smith and Hedges by S. Smith. The bill was dismissed.

The first case in coromon pleas was that of Jesse Spencer vs. Josiah Hedges, petition for the issue of a summons. This was heard September 22, 1824, was granted, and served by Agreen Ingraham, the same day. Rudolphus Dickenson appeared for plaintiff, and Coffinberry, Parish and Parker for defendant. The bill then filed by Dickenson set forth the following causes of action: "That the said Hedges, on the 1st day of May, 1823, and at divers other days and times between that day and the commencement of this action, with force and arms, etc., broke and entered a certain close of the said Jesse Spencer, situate, lying and being in the township of Seneca (Clinton), and then and there pulled down, prosecuted and destroyed a great part, to wit: forty perches of a certain mill-dam of the said Jesse Spencer, of great value, to wit: of the value of §200; and also then and there tore down and dug up great quantities, to wit: 1,000 wagon loads of stone from off the said close and dam of the said Jesse Spencer, to wit: to the further value of 1300, and then and there took and carried away, and converted the same to his, the said Josiah Hedges' own use. ***** And also, that the said Josiah Hedges, on the day and year last aforesaid, and on divers other days and times, etc. , broke and entered another close of the said plaintiff, situate abutting toward the west on that part of the Armstrong Reservation, which lies between a place forty poles north of the place called Camp Ball, and the south line of the said Armstrong Reservation, and abutting toward the east on the eastern bank of the Sandusky River, opposite the saw-mill on said reservation, etc., etc.. etc." The defendant filed a demurrer and had the case continued until April, 1825, when Hedges was found guilty by a jiuy, and assessed S8 damages and $26. 75 costs. The jury in this case comprised Elisha Clark, Ezra Brown, William Foncannon, Peter Yeaky, Ezekiel Sampson, James Cutright, Jacob S. Jennings, Samuel Scothorn, Smith Kentfield, James Mathers, John C. Donnell and Jesse Gale.

The first bill filed for naturalization or citizenship was that by William Doyle, of Ireland, September, 1824. There was never a more demonstrative or devout renunciation of loyalty to any government, or a more earnest determination to be true to his new citizenship, than that made by the said Doyle before the said court of common pleas.

Peter Pork stabbed Benazah Parker at Fort Seneca October 4, 1829, was tried in April, 1830, found guilty, and sentenced by Judge Lane to three years' imprisonment, with costs of trial, 169.28. The jury in this case comprised Ezra Baker, Henry Keller, Thomas R. Ellis, William Whitney, Thomas Brundage, Joseph Foncannon, Solomon Dimick, J. Baughman, Adam Pennington, Seldin Graves, W. L. Clark and William Hunter. In October, 1829, when the murder became known. Associate Judge Jacques Hulburt and others secvtred a warrant for his arrest, and the judge, accompanied by John Harris, Jeremiah Hays, Jonathan Abbott, Stephen Ross, Silas Pike, Anson Gray, Henry Yearky, and some young people, proceeded to Pork' s cabin, was admitted by his squaw, and after a hard struggle, in which Hulburt was severely stabbed, captured the desperado. Parker was equally notorious, and no one regretted his end, when he died from the result of wounds in January, 1831, while Pork had his whole mischievous head cut off in 1836 by the interpreter Herrin, whose three friends he had murdered. Justice waited on Parker and Pork {vide Indian History).

In October, 1830, the trial of Merrit Goodyear for the murder of Arthur N. Dezing was begun before Judge Lane and associate judges. The murder was committed January 1, 1830, in Clinton Township, but notwithstanding the barbarous manner in which it was carried out, Goodyear was indicted only on a charge of manslaughter. Abel Rawson prosecuted. The jury was made up of the following-named persons : William L. Clark, Julius Smith, Lyman Amsden, Thomas Clark, George Dunbar, John Kime, Jacob Garm, Ed Cooley, Noah Seitz, Joseph McClelland, Ozias Hart and Da\'id Underbill. They held the defendant not guilty. """

In May. 1834. Patrick Murphy sued Andrew McMillan and James S. Parka for $5, 0(X) damages, for malpractice, in not setting and curing his dislocated arm.

Before the close of 1834 a large number of cases for gaming for money and property were before the courts, also for selling liquor without licenses, and a few cases of charivari, assault and battery, etc., etc.

The pioneer lawyer was a mixture of the sublime and the ridiculous. Like stage actors, these old law interpreters could appear ' ' as mad as hatters, ' ' or "as mild as lambs," but in both conditions they remained the pioneer lawyers still, treating one another with childlike kindness out of court, but in court, endued with the feelings of their clients, they fumed and fretted, roared at and badgered witnesses, and made the neighborhood of the court house seem a very babel. The presiding judge was sometimes subjected to their peculiar, goodnatured jokes, and the old associate judges never escaped their shafts of wit. As a rule the only thorough enemies the old bar had were the old associate judges, whom they called ' ' broom sticks, " " Judge Lane' s dummies, ' ' and svmdry equally uncomplimentary names. From early morning until late at night, whether traveling, in court, hotel or private house, the lawyer of early days - the members of "Judge Lane's gang" - never lost an opportunity to laugh at some one' a expense, and thus, while earning their fees, they treated the people to a circus performance which presented more solid, side-splitting fun in one hour than all Barnum's funny men could offer in a week.

In his reminiscences of the pioneer courts. Judge Burnett writes : ' ' The journeys of the court and bar to those remote places through a country in its primitive state, were unavoidably attended with fatigue and exposure. They generally traveled with live or six in company, and with a pack-horse to transport such necessaries as their own horses could not conveniently carry, because no dependence could be placed on obtaining supplies on the route; although they frequently passed through Indian camps and villages, it was not safe to rely on them for assistance. Occasionally small quantities of com could be purchased for horse feed, but even that relief was precarious and not to be relied on. In consequence of the unimproved condition of the coiuitiy. the routes followed by travelers were necessarily circuitous and then* progress slow. In passing from one county seat to another they were generally fi'om six to eight, and sometimes ten days in the wilderness, and at all seasons of the year were compelled to swim eveiy water-course in their way which was too deep to be forded; the country being wholly destitute of bridges and fen-ies, travelers had, therefore, to rely on their horses as the only substitute for those conveniences. That fact made it common, when piu'chasing a horse, to ask if he were a good swimmer, which was considered one of the most valuable qualities of a saddle horse." Twenty years after Samuel Waggoner describes the travels of a band of lawyers in this very district of Ohio. He says; "On Thursday morning, February T), 18-16, the day after the ^^'hig State Convention which nominated William Bebb for governor, a stage-coach of the Concord pattern, owned by Neil, Moore & Co. . left Columbus for Toledo with a full load of passengers, including Morrison E. Waite, Samuel M. Young, Hemy Reed, Jr.. and Abner L. Backus, of Maiuuee City; Ralph P. Buekland and Rutherford B. Hayes, of Lower Sandusky (now Fremont); and Alfi-ed P. Edgerton, of A\'illiams County. There were others not remembered.

' ' The route of the stage was by the old ' Mud Pike, " thi-ough Delaware, Marion, Upper Sandusky, Tiffin. Lower Sandusky and Maumee City. The January thaw had been followed by heavy rains, and the mud was very deep: consequently, the stage made slow progress fi'om the start. The male passengers often found it desirable to get out and walk for miles at a time, and freqiiently a long distance in advance of then- conveyance. Near '\^'ol-thiugton thi'ee or four- of them went about half a mile to a sugar camp, and there enjoyed a ' taffy pull. ' The company reached Delaware (twenty-fom- miles) at midnight. After a capital supper at the ' Old Griswold Tavern, ' they passed on. The night was dark, and before they had gone a mile the stage upset. This caused a delay of two hoiu's for repair of damages to the stage, and to procui'e a surgeon to sew up the scalp of a passenger, Marion was reached about midnight of the second day out. Proceeding at about the same rate the stage aiTived at Lower Sandusky Sunday morning, having made the distance (105 miles) in seventy-two hours. It reached Toledo (forty miles) on Monday morning, at the end of the fonrth day. The more rapid movement of the last day is accounted for by the fact that between Lower Sandusk}' and Perrysbiu-g the road had been macadamized, leaving only the distance from Maumee City to Toledo to be traversed in mud. Not less interesting than these details of the trip is the fact that each of the passengers named has been permitted to make the passage over substantially the same route by the Columbus & Toledo Railroad in about as many hours as was then requh-ed in days.

On such trips one of the party would sing such quaint old songs as ' ' Lord Lovell," and "Rosin the Bow,"" while all would join in the chorus.

Even as the lirst circuit court was preceded by Dickenson's settlement at Fort Ball, the coming of Abel Rawson. in June, 1S25, was premonitory of the advent of the supreme court. July 28. 182(5, Judges Charles R, Sherman and Jacob Biu-nett, accompanied liy almost the whole bar of northwestern Ohio, appeared at Tiffin, a few of whom were present here May 5. same year, at the second term of the common pleas court, 3klr. Rawson was appointed prosecutor diu-ing the May term, and, though a little over a year in the county, claimed a high place among the genial legal lights who now gathered around him.

of which embraced Seneca, were redistricted in 1853, and this county, with Wood. Hancock, Wyandot and Crawford, was phiced in the third sub-division of the Third Judicial District, with Lawi-ence W. Hall, judge of the district. Judge Hall was elected in October, 1851, on the Democratic ticket vs. Cooper K. Watson. Judge M. C. Whitely was elected in October, 185(), although his opponent, Swigart, had a majority of sixteen votes in this county. In April, 1857, an act was passed, providing for the election of an additional judge for this district, and in the fall George E. Seney was elected judge of common pleas over Lee, his Whig opponent. Josiah S. Plants was elected in the second sub-division in October, 1858. In 1866 Charles R. Mott was elected over Cooper K. Watson, the Republican candidate. A. M. Jackson succeeded in 1871, bis election being opposed by Judge Mott. On Judge Jackson's resignation Judge Beer was appointed to fill vacancy. James Pillars was elected without opposition in 1872; Thomas Beer defeated Josiah Scott in 1874. and was re-elected without opposition in 1876. Henry Dodge was elected in 1877, and John McCauley in 1879, as one of the judges of the first sub-division of the Tenth District. In 1882 Hemy H. Dodge was elected; in 1883 George F. Pendleton, who was re-elected in 1884.

The circuit court, re-established in 1884, claims Seneca County in the Third Circuit. In October of that year, Judges Henry W. Seney, Thomas Beer and John J. Moore were elected by large majorities over their opponents of the Republican and Greenback parties; as given in the political chapter.

The redistribution of judicial districts since 1857 was effected with profit to the people. Under the act of April 8, 1858, the Tenth District was organized, and Seneca, Crawford and Wyandot named as the third sub-division, On April 12, same year, Seneca County was set off as the fir.st sub-division of the Tenth District. " The act of May 1, 1862, disestablished the Tenth District, and in its j)lace the Third Judicial District was reorganized - Seneca, Hancock, Wyandot and Crawford being its fourth sub-division, thus introducing Whitely, Metcalf, Latta, La-ssTence and Plants to the judiciary of this coiinty. February 21, 1868, Marion County was added to the fourth subdivision, and in this form it existed down to 1879, when the legislatiu-e re-establi.shed the Tenth Judicial District, with Seneca, Wood. Hancock and Hardin its tu'st sub-division. Under the provisions of this act an additional judge was elected in Octoljer, 1879, in the person of Judge McCauley.

The probate court was established under the new constitution of 1850. William Lang was elected judge of probate that year, and served until January 1, 1855, when John K. Hord succeeded him. T. H. Bagby was elected in 1857, re-elected in I860, and was succeeded by W. M. Johnson, who served three full terms from January 1. 1864, to January 1, 1873. Upton F. Cramer was elected in 1872. and re-elected in 1875, serving until succeeded by Judge J. F. Bimn, January 1, 1879. Harrison Nol)le was elected in October. 1884, and is the present judge of the proliate coiu-t.

Ebenezer Lane, first president judge of Seneca Count)', was a lawyer of Norwalk, Ohio, and one who may be said to have administered the law honestly from the head-waters of the Sandusky to the mouth of that river, and at a time too, when it was a difficult and dangerous task to make the circuit. He was generally accompanied by the old bar, Purdy. Spink. CofiinbenT. Hall, "Tom" Backus (a man who well deserved his name), C. L. Boalt. James H. Godman, ^Milo D. Pettibone. J. M. !May. the Parish brothers, and others. Judge Lane was one of the supreme court judges of Ohio, and served for years after his retirement from the common pleas court.

of Judge Lane, was one of the heroes of the Toledo, and was credited with the common sense of being desirous to fly from Toledo, rather than approach the threatened seat of justice. He was elected president judge of the Second District in 1829, and held the position until 1837. Prior to 1830 his name appears among the lawyers of the circuit. While buggy-riding near Delaware, Ohio, he was thrown out, and, as a result, lost his leg by amputation. He was appointed clerk at Washington, D. C, and died there.

Judge Ozias Bowen, whose district comprised Seneca, Sandusky, Erie, Marion and Crawford, succeeded Judge Higgins. He opened the spring term (April 2) 1838, at Tiffin, and was president judge of the district until November, 1851, when he retired after fourteen years' service. Moses H. Kirby was chairman, and K. G. Pennington, secretary of a committee of the bar "comprising Cooper K. Watson, J. Plants, J."D. Sears, E. M. Kelly and J. P. Pillars, who presented him with an address on his retirement. He was born in Oneida jJounty, N. Y., July 23. 1805, and died at Marion, Ohio, September 26, 1871. His career was marked by kindness and courtesy to all.

Andi-ew Coffinberrj-. favorably and generally known as Count Coffinberry, was one of the leading lawvers of the first circuit court of northern Ohio. He never resided in Seneca County, but was known as a member of "Judge Lane's gang." The Count was born in Virginia, August 20, 1778, where his French and German grandparents settled in 1750, and moved with his parents to Ohio in 1806. He served two years under Bainbridge and Hull, and under his father in the war of 1812. From 1815 to 1836 he studied and practiced law at Mansfield, Ohio, moved to Perrysburg in 1836, and died at Findlay, May 12, 1856. His son, James Coffinberry, was born at Mansfield in 1818.' James Purdy. born in 1793, was known as the major of Lane's brigade! For over half a century he was an active member of the bar of northern Ohio, and one of the pioneer lawj-ers of Mansfield.

Charles L. Boalt. brother-in-law of Judge Lane, practiced here until about 1843, and then went into railroad work. His name is connected with the first law cases heard in this county.

Orris Parish died at Columbus years ago. He was one of the best soldiers of '-Judge Lane's gang," as well as one of the ablest lawyers of the old bar. Francis D. Parish, an old resident of Sanduskv, now "living at Overland attended the first courts at Tiffin. ' '

Josiah Scott, of Bucatus, practiced in the courts of Seneca County. John C. Spink, commonly called the leading actor in Judge Lane's circus was a circuit lawyer and an old resident of Wooster, Ohio. He was one of the practical jokers of the circuit, and the musician or violinist of the old bar James Purdy was accustomed to chide Spink on his penchant for mimicry antics, music and general mischief, but remained very much attached to this funny man of northwestern Ohio.

William Lawrence, a lawv'er of Bellefontaine, Ohio, entered on the duties - i, ^*^ \oo\ ' -^^ '^ T^^^^t^A of him that when he opened coiirt at Marion, m May. 1861, he instructed the sheriff to hoist the stars and stripes above the court house. This official refused to do so. was brought up for contempt, fined, and then, when he had to obey, hoisted the national flag. In 1862 he entered the army In 1864 he was elected a member of Congress, and in 1880 was appointed first Comptroller of the Treasury.

Josiah S. Plants, whose election as judge of common pleas, is noticed in the political chapter, was wounded while hunting in Indiana, and died shortly after.

Chester E. Mott, born in Susquehanna County, Penn. , in 1813, was admitted to the bar in 1837. at Erie, and moved to Upper Sandusky in 1844. He was elected judge of common pleas in 1865. Judge Mott has filled several important positions in Wyandot County.

John M. May was the trombone player, and generally accompanied Spink, the violinist, and sometimes played a duet with Coffinberry, another trombonist.

Kudolphus Dickenson, born in Massachusetts, December 28, 1797, was admitted to the bar of Colvunbus, settled at Fort Ball early in 1824, and was appointed prosecutor that year. He moved to Lower Sandusky in May, 1826, and married Miss L. Beaugrand there in 1827. He was elected Congressman in 1846-4S. and died at Washington, March 20, 1849.

Abel Rawson, born at Warwick, Mass., May 11, 1798, studied law at New Salem and Northtield, Mass. , and was admitted to the bar in Aiigust, 1823. He practiced at New Salem, visited New York in 1824, taught school at Dover, Ohio, in 1824, and at Norwalk in 1824-25, and was admitted to the Supreme Court of Ohio, in August, 1825. He settled in Tiffin in June, 1825, was prosecutor from May, 1826, to October, 1833, and died August 24, 1871.

Robert G. Pennington, born in Delaware County, Penn., in 1816, came with parents to Tiffin, May 24, 1834; entered the office of Abel Rawson in 1839: was admitted to the bar in 1842; was presidential elector in 1856, and in 1861, with Col. Lee and Maj. De Walt, organized the Fifty-fifth O. V. I., and joined that command with rank of quartermaster. In 1862 he was commissioned adjutant-general on Gen. McLean's staff.

William H. Gibson, born in Ohio, May 16, 1822; read law in the office of Rawson & Pennington; admitted to the bar in 1845; elected State treasurer in 1855; was commissioned colonel of the Forty-ninth Ohio Volunteer Infantry in 1861; commanded in forty-two battles, and was commissioned brigadier general for distinguished service. He retired from the practice of law in 1872, and was commissioned adjutant of State in 1880.

Warren P. Noble, l)orn in Luzerne County, Penn., June 14, 1820, came with his parents to Jackson Township, Seneca County, in 1836; studied law in the office of Rawson & Pennington from 1842 to lS-i4, and was admitted to the bar in 1844. He was elected State representative in 1846, and re-elected in 1847; elected prosecuting attorney in 1848, re-elected in 1850, and in 1860 and 1862 was elected member of the Thirty-seventh and Thirty-eighth Congress (ride General History and Biography: also History of Tiffin).

Luther A. Hall, born August 80, 1813. in Onondaga Coimty. N. Y. : aixived at Tiffin, May 5, 1833: read law with Abel Kawson; gi-aduated from the Cincinnati Law College in 1841; was admitted to the bar the same \ear, and continued in practice until his death. June 16, 1880.

Edson Goit, an early settler of Lower Sanduskj-, where he presided over a grammar school; stiidied law under AbelEawson. and became one of the wellknown circuit lawj'ers of this district. Died at Bowling Green within past five years.

John H. Pittinger, born December 10, 1828, in Frederick County, Md. , moved to Tiffin with his parents in 1830: studied law. and was admitted to the ' bar in 1850. In 1877 he was elected mayor of Tiffin, which office he filled: was one of the organizers of the Tiffin Fire Department, assisting in forming the first company - the old No. 1 - of which Gen. W. H. Gibson was foreman, and himself treasurer, afterward secretaiy and treasui-er. He held this office until the formation of the Young America Hose Company, when he was elected treasurer of that organization, and still held the office at the time of his death, which took place very suddenly, January 14, 1885.

Cooper K. Watson, born in Kentucky, June 18, 1810; was admitted to the bar at Columbus in 1831; practiced at Newark, Delaware, Marion and Fremont; came to Tiffin in 1850; was elected by the Free Soil party a member of Congress, in 1854; died at Sandusky, Ohio, May 20, 1880.

Joseph Howard was appointed clerk of coiu't in 1830, and served until 1834, He subsequently was appointed to a position in the Department of State at Washington, where he died.

George E. Seney, born at Uniontown, Penn., May 29, 1832; graduated from Norwalk Seminary; studied law under Ltither A. Hall; was admitted to practice in 1853; elected judge of common pleas in 1858; went to the fi'ont with the One Hundred and First Ohio Volunteer Infantiy in 1862, before the expiration of his judicial term, and served two years as quartermaster of that command. In 1874 he received the Democratic nomination for Congress, leading the Republican nominee in this county by 521 votes, but losing the district majority. He was elected Congressman in 1882, and re-elected in 1884: was delegate to the Democratic national convention at St. Louis, and is the author of Seney' s Code.

William Lang, a native of Germany, was admitted an attorney at law July 25, 1842; filled many public positions, and is stUl a resident of Tiffin. The second historical work on Seneca County was written by him.

Sidney Smith, otherwise Gon. Sea, formerly a shoe-maker in Connecticut, moved to Tiffin in 1832; purchased lands in Scipio Township: moved to Cincinnati in 1838: retiu-ned to Scipio in 1840: had his name changed to Sea in 1841. and henceforth practiced law. and made more ordinary noise in this county than "Judge Lane's gang" ever could make (see Military History and Pioneer Sketches).

Joshua Seney, born in N(<w York City, November 20. 1 T'.)8, trradnnted from Columbia College and the University Law School; came to Tiliin in 1831; was presidential elector in 1840, clerk of the sujireme coiu"t. treasurer of Seneca County, and one of the leading lawyers of Ohio. He died suddenly, February 10, 1854 (see General History).

John J. Steiner (see Military History), a native of Frederick County, Md. , was admitted to the bar at Tiffin, and practiced law until he entered the anny.

John K. Gibson was the lii-st law student in the county, having studied under Abel Rawson. His death occiuTed in 1S41, a short time prior to that set for seeking admission as an attorney at law.

Hugh M. Martin, a native of Seneca County, read law in Gibson & Tunison's office; moved to Iowa about 1S59, and while traveling in Colorado was killed by a landslide.

Anson Burlingame, of Chinese Treaty celebrity, was a school teacher in Eden Township; was admitted to the bar of Michigan, but never practiced in this county.

John McCauley, born in Columbiana County, Ohio, December 10, 1834, completed his studies at Delaware University ; was admitted an attorney at law in 1860; elected prosecutor in 1865; appointed delegate to the constitutional convention, rice O'Connor, deceased, and elected judge of common pleas in 1879 (see Political Histoiy).

Nelson L. Brewer, born in Washington County, Md. , September 17, 1832; graduated from Heidelberg College in 1855; was admitted to the bar in 1858.

George W. Bachman studied law at Tiffin; was elected prosecuting attorney, and was mayor of Tiffin; was killed by being thrown out of his buggy. Mrs. Bachman still resides at Tiffin.

James Welsh was the first lawyer at Fostoria, having settled there about 1849 or 1850; after live or six years he moved to Wyandot County, thence to Hancock County, and died.

Junius V. Jones, born in Gallia Coimty, Ohio, January 23, 1823; moved to Wood County with his parents in 1832, and settled in Fostoria in 1846. He was admitted an attorney at law in 1868, and to practice in United States courts in 1877.

John C. Lee, born in Delaware County, Ohio, studied law, and located at Tiffin. He was commissioned colonel of the Fifty-fifth Ohio Volunteer Infantry, November 25, 1861, and resigned in 1863; was commissioned colonel of the One Hundred and Sixty-fourth Ohio National Guards, and was mustered out in 18(54, as brevet brigadier-general. In 1867, he was elected lieutenant-governor of Ohio, and re-elected in 1869. Gen. Lee is now a member of the law firm of Lee, Brown & Lee, Toledo.

was also a graduate of Tale. He came to Delaware in 1818. was a good scholar, and soon became a sound and trustworthy lawyer, occupying a highly responsible position at the bar to the time of his death, in 1840. He devoted considerable time to speculation in land. He died before the war.

A. H. Selden was the third lawyer who came to Fostoria, ai-riving in 1860 or 1861, from Medina. Ohio: had his office with Squire Jones, and with Mr. Jones was engaged as pension lawyer until 1866, when he went to Paulding County; was elected prosecuting attorney; went to Kansas, and died there about seven years ago.

William J. Rigby, bom in Fairfield County. Ohio, May 22, 1815: was admitted an attorney at law in 1860; opened an office at Fostoria, in 1867 (see History of City).

Nelson B. Liites, born in ^^'yoming County, Penn., March 1, 1848; settled at Tiffin in 1870, and was admitted to the bar in 1873; now of the firm of Lutes & Lutes.

John H. Eidgeley, a native of Allegany County, Md. , born August 16, 1845; graduated from Heidelberg College, and was admitted to the bar in 1869.

R. L. Griffith, a native of Seneca County, was mayor of Tiffin, and prosecuting attorney of the county. He moved to Detroit, and died there.

Oliver Cowdeiy, born in Veimont, October 3, 1804, is said to have been one of the compilers of the Monnon Bible, as he was one of its most ardent followers; came to Tiffin in the fall of 1840, where he resided until 1847, when he rejoined Strang's Monnons in "Wisconsin; proceeded to Missoiu-i the same year, and died there in 1848. From the fact of his books and papers being in the court house at the time of the fire of 1841, it is said that he had an office there, as well as on Market Street. It was he who examined Squire Jones, in 1841, for school teacher.

Porter H. Jayne. born in Pennsylvania in 1853; was admitted to the bar in 1878; is now in practice at Tiffin, and is a justice of the peace.

Robert McKelly, a native of Pennsylvania, settled in Ohio in 1834: was admitted to the bar in 1842, and opened an office at Bucyrus, In 1845, he was appointed register of the United States land office, at Upper Sandusky; held local offices; in 1857, was elected Senator from the Thirty-first Ohio District, and was president of the Ohio & Indiana Railroad, before its consolidation.

Peter A. Tyler, an old lawyer of McCutcheonville, moved to Upper Sandusky in 1852. After serving a short time with the Fifteenth Ohio Volunteer Infantry he retiu-ned to Upper Sandusky, and some years later was wounded in a row. from the effects of which he died,

John B. Barnes, born in Mahoning County, Ohio, Jime 20, 1846, was admitted to the bar May 3, 1870, located at Fostoria in 1877, now residing in Kansas.

David H. Everett, a native of B''ranklin County. Ohio, born Febniary 6, 1841), was acbnitted to the bar in October, 1871, settled at Fostoria in 1874, now resides in Columlius, Ohio.

J. M. Belver. a native of Seneca County, born December 9, 1853, graduated from Otterbeiu Uuiversitv, Ohio, and was admitted an attorney at law, April 11, 1878.

Charles Guernsey, born January 31, 1858, in Wood County, Ohio, was admitted to the bar July 11, 1879, and the same year settled at Fostoria.

John A. Bradner, born at Niagara Falls, N. Y. . August 13, 1833. settled in Ohio in 1849, and at Fostoria in lSt)3, was admitted an attorney at law in 1879.

Miss Nettie Cronise was admitted to the bar in April, 1873, on recommendation of a committee of the bar, composed of George E. Seney, N. L. Bi'ewer. R. G. Pennington, John McCauley and W. H. Gibson. Miss Cronise was the first lady admitted to practice law in Ohio. She studied at Heidelberg College and graduated in 1873. She was mamed to N. B. Lutes, who was admitted to the bar on the same day.

Miss Florence Cronise graduated from Heidelberg College in 1870, studied law with ^\'aiTen P. Noble, was acbnitted an attorney at law and is now practicing at Tifliu.

Peny M. Adams, born in Wood County, Ohio, December 2, 1850, studied law in the office of Hon. W. P. Noble, was admitted to the bar April 13, 1876. elected prosecuting attorney in 1881 and" 1884; is now a member of the firm of Noble & Adams.

F])ton F. Cramer, born in Seneca County, January 19, 1842, studi(>d at Heidelberg College, was admitted an attorney at law in 1867, and elected probate judge for three terms.

Lafayette L. Lang, a native of Tiffin, son of William Lang, read law in Judge Lang's office and was admitted an attorney at law in 1877; is now clerk of the Ohio penitentiaiy.

Frank Baker was admitted to the bar at Tiffin, practiced some time here, moved to Chicago some years ago, where he has now a lucrative practice.

Gerald E. Sullivan, a native of Tiffin, born June 20. 1856, was admitted an attorney at law December 12, 1878; now editing a newspaper in Iowa.

J. C. Royer, mayor of Tiffin, a native of Thompson Township, born in 1856; graduated fi'om Heidelberg College in 1879, was aihuitted to the bar in 1881.

Warren F. Noble, son of WaiTen P. Noble, studied law in his father's office; he was educated in the State university and admitted to the bar, at Columbus.

James R. Wilson, born in Greene County, Penn. , May 19, 1825, settled with his parents in Bloom Township, in Apiil, 1834; he was admitted an attorney at law in 1866.

John W. Schaufelberger, Viorn at Fostoria, Januai-y 29, 1853, studied at Heidelberg College; continued law readings in Judge Seney's office, and was admitted to the bar in 1877; is now partner of Judge Seney.

Guilford B. Keppell, born in Seneca County, May 8, 1845, graduated from Heidelberg College in 1869, admitted an attorney at law in 1871, and was elected prosecutor in 1879.

Jacob F. Bunn, l)orn in Seneca County, June 6, 1847, graduated from Heidelberg College in 1870, was admitted to the bar in 1871 and elected probate judge in 1878 (see Political chapter).

Jacob K. Hottal, born in Seneca County, October 8, 1846, was admitted to the bar in 1871, and two years later becameeditor of the Tiffin Star; is now in Georgia.

Frank Dildine. born at Tiffin, October 15, 1849, graduated fi-om Heidelberg College in 1869, and was admitted to the bar in 1872; is now in Indiana.

James H. Piatt, city solicitor, born in Columbiana County, Ohio, in 1854, graduated fi-om Heidelberg College in 1875; was admitted to practice in 1881; in 1883 and 1885 was elected city solicitor.

John W. Leahy read law iimlor Ju<lt;fe ^FcCaulcy: admitted to the bar at Columbus; is now engaged Lu practice with his brother, James F. , in Tiffin.

C. A. Dimn, now of the State of Kansas, studied law at Tiffin, was admitted to the bar here, and engaged in practice for some time previous to going to Kansas.

Jasper Pillars, son of Judge Pillars, of Tiffin, studied law in his father's office, and is now a practicing attorney at Bowling Green. Ohio.

AVilliam H. Dove, a native of Tiffin, born April 0, 18G"2. studied law under Warren P. Noble, was admitted to the bar in 1884, and is now practicing at Tiffin.

A. J. Staekhouse, born in Columbiana County, Penn.. in 1850, graduated in 1881; read law under N. L. Brewer, was admitted to the bar at Columbus in 1888, and is now in practice at Fostoria.

Mr. Corbett, son of one of the old settlers of Eden Township, is studying law in Judge Seney's office. Other aspirants for legal honors are also to be found scattered throughout the various law offices of the county.

George Gassman, born in Liberty Township, August 24, 1837, was admitted to the bar in 1867. Prof. Gassman has traveled extensively on this continent and throughout Europe, and is a master of several languages. He conducts a classical school at Tiffin.

Associate Judges. - Jacques Hulburt, one of the pioneers of old Fort Seneca, purchased the fort lands in company with Shepard Patrick. He taught the first grammar school in the count j', piu'chased the Fort Stevenson Reservation, and. moving thither, opened a store at Fremont. He was elected associate judge of Seneca County in 1824, sei-ved Sandusky County in the Legislature, and died December 25, lS8fi.

Matthew Clark, elected associate judge in 1824, was an old settler of Eden Township. Notwithstanding his high position, one Hamilton McCollister, a jiistice of the peace of Eden, had him aiTested and tried for Sabbath breaking, and had him fined November 18, 1S27. This led to th(^ caitfie celehre of that time. Clark rs. McCoUister for false imprisonment; Dickenson & Rawson for plaintiff, David Higgins for defendant. The jiiry assessed damages at 821.50, biiti McC!ollister appealed the case, the jiuT disagreed, and McCollister brought the subject before the supreme coiu-t, where it was discontinued.

Agreen Ingi'ahara, the first sheriflp, was subsequently elected treasurer, and filleil a large space in the pioneer official life of the county. He was elected associate judge in 1831.

Selden Graves, who was elected associate judge in 1831, was a pioneer physician, a man, in word and deed, of the old, old school. He settled in Eden Township, March fi, 1822. He served fi-om 1831 to the close of his tenu on the bench, and, like the other associate judges, despised the members of the old circuit.

Benjamin Pittinger, born in Frederick County, Md., in 1798, came to Tiftin in September, 1825, with his brother John, and opened a store there, which they carried on until 1834. In 1 832 they established the Peny Street tanneiy. Benjamin Pittinger was elected associate Judge in 1831 on the AN hig ticket, and served on the bench with Judge Higgins for many years. In 1860 he moved to his farm in Eden Township.

Heniy Colgate Brish, elected associate judge in 1838, was a native of Frederick Coimty, Md. , born in 171)9, died near Tithn, in February, 1800. In 1809 he was clerk in the recorder's office of that county, and remained imtil 1824, when he manied Mrs. Eleanor S. Care}'. In July, 1828. they came to Seneca County, making the trij) in a small covered j^haeton, and arriving July 0, that year. Mi's. Brish, noticed among the pioneers, died recently. Gen. Brish succeeded Montgomery as agent for the Senecas.

Andrew Lugenbeel, born in Maiyland, in 1800, moved to Seneca County in 1832, was elected associate judge in 1838, and re-elected in 1845. He died December 10, 1803, thirteen years after his judicial term ended.

Lowell Robinson settled in Bloom Township, Section 8, in 1823, was elected associate judge in 1838, and had the unenviable notorietj' of has-ing to vacate the bench to answer a charge of ' 'assault and batteiy, " ' made by his wife. Some years after this scandal he moved to California, and died there.

William Toll, reference to whom is made in the Organic and Political chapters, was one of the pioneers of Tiffin. At the beginning of his public career in the county he was deputy sherifF, and had something to do in the care of feeding prisonei-s. He was elected coroner in 1830. and associate judge in 1845.

Henry Ebbert was one of the hatters of Tiffin in early days, and always one of the city's working politicians. He was elected associate judge in 1845, and was one of the leaders of the American or Know-nothing jiarty of this county in 1852-55. His antipathy to foreigners was all political, for when Mrs. Hoffman died of cholera, in 1834, her child, Charlotte, was adopted by the Ebberts, the same who married Mi'. Lee, of Toledo, in recent years.

State Bar Association

Judicial Administration and Legal Refonn - Lawrence Maxwell, H. EUiott, Isaiah Pillars, E. P. Greene, T. A. Minshall, A. K. Dunn, O. F. Moore, M. M. Granger, AV. A. Lynch and H. T. Van Fleet.

Thomas Corwin, so prominent in the legal circles of Ohio, was at Fort Seneca in July, 1813, freighting over the Delaware Army Road to this point supplies for the army. From this occupation he derives the name of "Tom, the Wagon Boy."

A few names of lawyers, omitted in this chapter, find mention in the pioneer section of the township histories, and many of the lawyers now residing in the county are fully treated on in the chapters devoted to personal history and reminiscences.