Union County, Ohio - Chapter 12: The Bench and Bar of the County, 1915

Chapter 12: The Bench and Bar of the County

Xo Other class of men are more useful to the civilized portions of the earth than the well-trained and honorable lawyer. Men differ in the manner of looking at questions and are more or less warped by reason of selfish interests, hence we must ha\e laws by which men may secure their rights in the commercial wurld as well as in the rights of person. The entire universe is really controlled by law and just as there is need of natural laws to sustain the things of the material world, just so certain must men be held in check by man-made laws. It is the province of lawyers to interpret these laws that peace and contentment may be among disorderly men. Almost all statesmen have been lawyers, and well it is, for they, having made the science of law a study, are best calculated to dispense it to the people. In a good government the attorney is as much in place and as valuable to the community as he who takes up any other science or profession, whether it be metlicine, mechanics or theology.

Coming down to our day .and generation, we look back at the record made b_\- some of the old lawyers and we think they lacked in learning. This may be true, but no more so than in any other profession. As a rule the early lawyers here were men of sterling qualities and what they lacked in book learning from digests and libraries they made up by possessing sound, unbiased judgments and honor as between man and man.

Various Courts

I'be earliest judicial government for tb.e territor\-, of which Ohio was a part, was \ested in a general court composed of three judges, provided by the ordinance of i/f^J. The first judges were Samuel Hodden Parsons, James Mitchell Varnum and John Cle\'es Symmes, the latter being appointed in place of John Armstrong, who declined to serve. They were to adopt only such portions of laws of the original states as were deemed suitable to the condition an<l wants of the people and were not empowered to originate new laws.

Parsons met at Marietta and began the duty of legislating for the territor\-. continuing in session until December. Contrary to the provisions of tlie ordinance, they enacted a numloer of laws on different subjects and submitted them to Congress as re(|uired. That body, however, did nut aijpruxe them, from their manifest illegality under the terms uf the ordinance. After the assembling of Congress in i /Sy, under the new C(jnstitutii)n, the ajipuintments made under the articles uf coufederatimi being deemcil to liave expired, the following new judges were appointed for the Northwest territory; Samuel Ilulden Parsons. John Cleves Symmes and William Barton. The ktter declined to ser\e and (ieorge Turner was appointed to till tlie vacancy. Judge Parsons soon afterward died, and in March, i Jgo. Rufus Putnam was appointed to fill a \acancy caused by his death. Putnam resigned in 1796 to enable him to ;iccei)t the office of surveyor-general, and Joseph Oilman, of Point Harmar, was chosen to fill the vacancy. Judge Turner left the territory in the s]iring of 1790, and diu'ing his absence resigned liis seat on the bench, which was tilled by the appointment of Return Jonatlian Meigs in I'ebruary. I7«)8. The judges then in commission continued to hold their seats until the state was admitted to the Union in 1803.

Between 1790 and 1795 numerous acts were passed which did not receive the sanction of Congress, as they were enacted rather than adopted, and finally in the summer of 1795. at a legislative session held at Cincin.- nati, a code of laws was adopted from the statutes of the original states, which superseded the chief part of those previously enacted, which had remained in force in the territon-, regardless of their doubtful constitutionalit}'. This code of laws as adopted was printed at Cincinnati in 170.=; b\- William Maxwell, and became known as the Maxwell code; thai was the first job of printing executed in the X<:)rtlnvest territory. But \ery little change was made therefrom until the first session of the General .\ssembly. held under the second grade of go\-ernment, September 16, 1799.

"The Ordinance and the Compact," says Judge Burnet, "which was the con.stitution of the territory, contained but little specific legislation. It jjrescribed the rule of descents; the mode of transferring real estate l)y deed <jf lease and release, and of de\-ising or lx'(|ueathing it by will. It regulated the right of (hnver, and authorized the transfer of ])ersonal jiroijerty by deliven' ; saving alwavs to the French and Canadian inhabitants and other settlers who had before professed tiiemselves citizens of Virginia, their laws and customs then in force among them, relative to the descent and conveyance of property. In addition to these jjrovisions, the compact ordained that no person demeaning himself in a peaceable manner should be molested on account of his mode of worship or rehgious opinions. It also secured to the inhabitants forever the benefit of the habeas corpus, of trial by jury, of a proportionate representation of the people in the legislature, and of judicial proceedings, according to the course of the common law."

The courts of common law in the territory assumed chancery powers as a necessity, as there was no tribunal in said territory vested with such l^owers. Several necessary laws were passed at the first session of the Territorial Leg'islature at Cincinnati, but matters regarding courts and their powers were not satisfactorily settled until the adoption of the first state constitution in 1802. The general court provided for by the ordinance of 1787 consisted, as before stated, of three judges, "appointed by the President, with the advice and consent of the Senate," each of whom received a salary of eight hundred dollars from the treasury of the United States. It was the highest judicial tribunal in the territory, and was vested with original and appellate jurisdiction in all civil and criminal cases, and of capital cases; on questions of di\'orce and aliniou)" its jurisdiction was exclusi\-e. It was, howe\'er, a common-law court merel}'. without chancery powers, and it was the court of dernier resort. It had power to revise and re\-erse the decisions of all other tribunals in the territriry, )'et its own proceedings could not be re\-ersed or set aside, e\'en b_\- the supreme court of the United States. It was held in Cincinnati in March, at Marietta in October, at Detroit and in the western counties at such time in each year as the judges saw proper to designate.

The tra\'els of the judges and members of the bar in those early years, to and from the places of holding courts - Cincinnati. Marietta and Detroit - were attended with difficulties of the most serious nature. The distances were always great, settlements were scarce and the way was rough. Their journeys were made on horseback, and it was exceedingly necessary that the horses they rode should be good swimmers, for it was in the days before bridges had been thought of, and the best fording places along the numerous streams were sought out by the tired travelers. Judge Burnet, who knew from experience all the trials of the times, wrote of them as follows:

"The' journeys of the court and liar to those remote places, through a country in its primitive state, were una\oiflably attended with fatigue and exposure. They generalh' tra\'eled with five or six in company, and with a pack-horse to trans])ort such necessaries as their own horses could not conveniently carry, because no dependence could be placed on obtaining supphes on the route : although they frequently passed through Indian camps and villages, it was not safe to rely on theiu for assi.stance. Occasionally, small quantities of cuni could be purchased for liorse feed, but even that rehef was precarious, and not to be relied on. In consequence of the unimproved condition of the country, the routes followed by travelers were necessarily circuitous and their g^'ogress slow. In passing from one county seat to another they were generally from six to eight and sometimes ten days in the wilderness, and, at all seasons of the year, were compelled to swim every watercourse in their way which was too deep to be forded; the country being wholly destitute of bridges and ferries, travelers had therefore to rely on their horses as the only substitute for those conveniences. The fact made it common, when purchasing a horse, to ask if he were a good swimmer, which was considered one of the most valuable qualities of a good saddle horse." Lynch law was liable to be adopted by the men of the border settlements, and one or two instances of its execution, in the form of public whippings, are known to have occurred; but in August, 1788, a law was published in Marietta establishing a "General Court of Quarter Sessions of the Peace, and County Courts of Common Pleas," and these superseded the lynch code before it had been in ojieration a year. Mr. McMillan was appointed the presiding judge of those courts in the county of Hamilton.

The first constitution of the state of Ohio, adopted November 29, 1802, contained, in its third article, the folldwing provisions for the judicial government of the state :

Section i. The judicial power of this state, both as to matters of law and equit\-, shall be \ested in a Supreme Court, in Courts of Common Pleas for each county, in justices of the peace, and in such other courts as the Legislature may from time to time establish.

Section 2. The Supreme Court shall consist of three judges, an\' two of whom shall be a (|ucirum. Idiev shall ha\'e original and appellate jurisdiction, both in common law and chancerv, in such cases as shall be directed by law : Provided, That nothing herein contained shall prevent the General Assembly from adding another judge to the Supreme Court after the term of five years, in which case the judges may divide the state into two circuits, within which any two of the judges may hold a court.

Section 3. The several Courts of Common Pleas shall consist of a president and associate judges. The state shall be divided, by law, into three circuits; there shall be appointed in each circuit a president of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county not more than three nor less than two associate judges, who, during their continuance in office, shall reside therein. The (12) president and associate judges, in their respective counties, any three of whom shall be a quorum, shall compose the Court of Common Pleas, which court shall have common law and chancery jurisdiction in all such cases as shall be directed by law ; Provided, That nothing herein contained shall be construed to prevent the Legislature from increasing the number of circuits and presidents, after the term of five years.

Section 4. The judges of the Supreme Court and Courts of Common Pleas shall have complete criminal jurisdiction, in such cases and in such manner as may be pointed out b}' law.

Section 5. The Court of Common Pleas in each county shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians, and such other cases as shall be prescribed by law.

Section 6. The judges of the Court of Common Pleas shall, within their respective counties, have the same powers with the judges of the Supreme Court, to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.

Section 7. The judges of the Supreme Court sliall, by virtue of their offices, be conservators of the peace throughout the state. The presidents of the Court of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits; and the judges of the Court of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective counties.

Section 8. The judges of the Supreme Court, the presidents and the associate judges of the Courts of Common Pleas, shall be appointed by a joint ballot of both houses of the General Assembly, and shall hold their offices for the temi of seven )'ears, if so long they behave well. The judges of the Supreme Court and the presidents of the Courts of Common Pleas shall, at stated times, receive for their ser\-ices an adequate compensation to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this state, or the United States.

Section 9. Each court shall appoint its own clerk for the term of seven years : but no person shall be appointed clerk, except pro tempore, who shall not produce to the court appointing him a certificate from the majority of the judges of the Supreme Court that they judge him to be well qualified to execute the duties of the office of clerk to anv court of the same dignitv with that for which he oilers himself. They shall be removable for breach of good behavior, at anj^ time, by the judges of the respective courts.

Section lo. The Supreme Court shall be held once a year in each county, and the Courts of Common Pleas shall be holden in each county, at such times and places as shall be prescribed by law.

Section ii. A competent number of justices of the peace shall be elected by the qualified electors in each township, in the several counties, and shall continue in office three years, whose powers and duties shall, from time to time, be regulated and defined by law.

Section 12. The style of all processes shall be "The State of Ohio;" all prosecutions shall be carried on in the name and by the authority of the state of Ohio, and all indictmnts shall conclude against the peace and dignity of the same.

The constitution of Ohio, adopted June 17, 1851, made considerable changes in the courts, and Article 4, pro\iding iur judicial matters in the state, is as follows :

Section i. The judicial power of the state shall be vested in a Sui)reme Court, in District Courts, Courts of Common Pleas, Courts of Probate, Justices of the Peace, and in such other courts, inferior to the Supreme Court, as the General Assembly may from time to time establish.

Section 2. The Supreme Court shall consist of fi\'e judges, a majority of whom shall be necessary to form a quorum or pronounce a decision. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year at tlie seat of government, and such other terms at the seat nf g(i\'ernment i>r elsewhere as may be provided by law. The judges of the Supreme Court shall be elected by the electors of the state at large.

Section 3. The state shall be divided into nine Common Pleas districts, of which the county of Hamilton shall constitute one, of compact territory, and bounded by county lines ; and each of said districts, consisting of three or more counties, shall be subdivided into three parts, nf comjiact territory, bounded by county lines, and as nearly e(|ual in population as practicable, in each of which one judge of Common Pleas for said district, and residing therein, shall be elected by the electors of said subdivision. Courts of Common Pleas shall be lield by one or more of these judges, in every county in the district, as often as may be provided l)y law: and more than one court, or sitting thereof, mav be held at the same time in each district.

Section 5. District courts shall be composed of the judges of the court of common pleas of the respective districts, and one of the judges of the supreme court, any three of whom shall be a c|uorum, and shall be held in each county therein at least once in each year; but, if it shall be found inexpedient to hold such court annually in each county of any district, the General Assembly may, for such district, provide that said court shall be holden at three annual sessions therein, in not less than three places : Provided, That the General Assembl\- may. tiy law, authorize the judges of each district to fi.x the times of holding the courts therein.

Section 6. The district court shall have like original jurisdiction with the supreme court, and such appellate jurisdiction as may be provided by law.

Section 7. There shall be established in each county a probate court, which shall be a court of record, open at all times, and holden by one judge, elected b\- the voters of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law.

Section 8. The probate court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, and such other jurisdiction, in anv countv or counties, as may be provided by law.

Section 9. A CDmpetent number of justices of the peace shall be elected by the electors in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law.

Section 10. All judges, other than those provided for in the constitution, shall be elected by the electors of the judicial district for which they may be created, but not for a longer term of office than five years.

Section 11. The judges of the supreme court shall, immediately after the first election under this constitution, be classified by lot, so that one shall hold for the term of one year, one for two years, one for three years, one for four years and one for five years ; and, at all subsequent elections, the term of each of said judges shall be for five years.

Section 12. The judges of the courts of common pleas shall, while in office, reside in the district for which they are elected : and their term of office shall be for five vears.

Section 13. In case the office of any judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor is elected and qualified ; and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty da\'s after the vacancy shall have happened.

Section 14. The judges of the supreme court and of the court of common pleas shall, at stated times, receive for their services such compensation as may be provided by law, \vhich shall not be diminished or increased during their term of office ; but they shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this state or the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this state, given by the General Assembly, or the people, shall be void.

Section 15. The General Assembly may increase or diminish the number of the judges of the supreme court, the number of the districts of the court of common pleas, the numlier of judges in any district, change the districts or the subdivisions thereof, or establish other courts, whenever twothirds of the members elected to each house shall concur therein ; but no change, addition or diminution shall vacate the office of any judge.

Section 16. There shall be elected in each county, by the electors thereof, one clerk of the court of common pleas, who shall hold his office for the term of three years, and until his successor shall l3e elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein ; but the General Assembly may provide, by law, for the election of a clerk, with a like term of office, for each or any other of the courts of record and may authorize the judge of the probate court to perform the duties of clerk for his court, under such regulations as may be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law.

Section 17. Judges may be removed from oftice, by concurrent resolution of both houses of the General Assembly, if two-thirds of the members elected to each house concur therein ; but no such removal shall be made except upon complaint, the substance of which shall be entered upon the journal, nor until the party charged shall have had notice thereof and an opportunity to be heard.

Section 18. The several judges of the supreme court, of the common l^leas, and of such other courts as may be created, shall, respectively, have

Section ig. The General Assembly may establish courts of conciliation, and prescribe their powers and duties ; but such courts shall not render final judgment in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment.

Section 20. The stvle of all process shall be, "The State of Ohio"; all prosecutions shall be carried on in the name and by the authority of the state of Ohio, and all indictments shall conclude, "against the peace and dignity of the state of Ohio."

The following items concerning the courts in the county of Union are compiled from articles written by Judge J. B. Coats, and published in the Marvsville Tribune, in 1870:

The first court held in I'nion county was a special term of the court of common pleas, convened at Alii ford, April 14, 1820. It was held by the associate judges, David Mitchell, \\ illiam Gabriel and Nicholas Hathaway. Thomas Reynolds was appointed clerk pro teni, and also recorder of the county. His securities were George Reed, Joel Frankelberger and Joseph S. Hughs. Reynolds took the oath of office and the court adjourned without day. Mr. Reynolds kept the minutes of this meeting of the court. Judge Coats thinks it probable that this court completed the organization of the county, although there is no entry on the record to show that such steps were taken. The record does not state who was sherif? at that time, but doubtless James Ewing served in that capacity, as his bond was filed with the county clerk three days later ( April 17, 1820). This term of court was held in one of the rooms of Nathaniel Kazer's ta\-ern, on the ground later owned by James Fullington. and occupied by a large brick building. The court room was separated from the bar and the people by stretching a rope across the room in which the entire business was transacted.

The first regular term of the court held in the county convened at Milfonl, ]^Iay 15, 1820: present, Hon. John A. McDowell, president judge, and Dax'id ]\litchell, William Gabriel and Nicholas Hathaway, associates. This court was held in the same room and the same manner as the first one. The first grand jur\- was composed of the following persons: Clark Provin (foreman), David Mitchell, Jr., Allen Leeper, James Bell, Lancelot Maze, Samuel Robinson, J. Boal, Andrew Gill, John Porter, John Gabriel, Joseph Stewart, George Reed, Robert Bronston. James Snodgrass, Alexander Reed. The first order entered u])on the record of this term was the appointment of

Abraliam D. \'anhorn, prosecuting attorney. The second was one granting a license to David Davis to keep a ta\ern for one year at Milford, upon the payment of ten dollars. The ne.xt appointed James Townsend, county surveyor, and the next, Thomas Reynolds, clerk pro tem of the court. /\.mong other items furnished by the record of this term is the following: "Ordered by the court that Rhody Stokes be appointed guardian of Hope Stokes, nine years of age; Hiram Stokes, seven years; Maria Stokes, five years; John Stokes, two years, heirs of John Stokes, deceased, upon entering into bonds with James Ewing, David Comer and Alexander Reed, as securities." The Stokes children became well known residents of the county. The last order issued by the court at this term was the granting of a license to William Burnham to keep a ta\-ern for one \ear at Milford, upon payment of ten dollars. The term lasted but one day. It is not known positively whether the grand jury found and presented any indictments at this term, but it is probable that they did, as the second case upon the docket of the second term was a criminal one.

The second term (if amrt commenced in the court room at Milford, Julv 10, 1820. The full bench as before was present. The grand jurors were Anson Howard (foreman), Thomas McDowell, Allen Deeper, Samuel Kazer, George Brown, George Reed, Andrew Gill, Tames Cochran. Samuel Kirkpatrick, Robert Snodgrass, John Porter. Da\id Reed, James Townsend, John McDowell and Thomas Reed. George Brown was granted a license to vend goods in Union township, paying ten dollars for the privilege. The only ci\'il case on the docket at this term was that of Isaac Johnson vs. Simeon Hager - the first also on the common pleas record of Union county - and it ran through se\eral terms and was finally settled by arbitration. The first criminal case was one for assault and battery. "State of Ohio vs. Stephen Kelsey." The indictment states that the jurors, upon oath, present that "Stephen Kelsey. now or late of said cimnty. on the -'4th day of June. 1820, at Milford. in the countv aforesaid, with force and arms, to-wit : with clubs, sticks and other offensive weapons, in and upon Philander Crapo, in the peace of the said state then and there lieing, did make an assault, and him, the said P. Crapo, did then and there beat, wound and evil treat against the peace of the said state, its laws and dignities." The defendant pleaded not guilty, and a iurv composed of William Burnham. David Bowen. James Bi"-o-s. Samuel Reed, B. King. \'andiver Reed. Elias Robinson. Ebenezer Miles. Richard Gabriel. John Parthemore. Isaac Dodd and Robert Branson, tried the case and found him guilty as indicted. An attempt to arrest judg- ment was overruled, and Kelsey was fined ten dollars and costs of prosecution. The second criminal case on the docket tried at this term, and the first indictment found and presented b}' a grand jury in Union county, was that of the State of Ohio vs. Luke Ellison, for grand larceny. Ellison had stolen a bay mare worth forty dollars and a saddle worth ten dollars, the former from INIoses Patrick and the latter from John McLaughlin. He was tried, convicted and sentenced to the penitentiary for five years. He was a native of Lower Canada, twenty-one years of age, unmarried and without a trade.

At this term, Levi Phelps was appointed county surveyor for the term of five years, and Richard Gabriel, keeper of the seals of standard measures. Abraham D. Vanhorn, prosecuting attorney, was allowed forty-five dollars for his services during this and the last term of court.

August 17, 1820, a special term of court was held by the associate judges, IMitchell, Hathaway and Gabriel, at which Margaret Alitchell and James Boal were granted letters of administration on the estate of George Mitchell, deceased. Samuel Robinson, Thomas Robinson and Samuel Mitchell were appointed to appraise the property of the deceased, and make return to the clerk's office in three months, according to law.

May 15, 1 82 1, a special term was held at Milford by the associate judges, the president judge being absent. John R. Parish was appointed prosecuting attorney on behalf of the state. A grand jury was appointed, which retired for deliberation. There were no criminal cases on the docket and but six civil cases. The jury impaneled for the trials thereof consisted of William B. Irwin, Simeon Hager, John Irwin, William Richey, Jr., John Irwin, Jr., Daniel Kent, Jonathan Worthy, Moses Mitchell, Hugh Porter, Augustus Coolidge. Nathaniel Kazer and Moses Patrick. The last will and testament of Joshua Ewing, deceased, was exhibited in open court by Calvin Winget and Elizabeth Gill, two of the subscribing witnesses thereto, and was duly proved and admitted to record, and letters testamentary issued to James Ewing, Esquire, and Margaret Ewing. The grand jury then came into court, presented nothing, and was discharged. The sum of fifteen dollars was allowed John R. Parish for duties as prosecuting attorney at this term, and it was "ordered that David Comer be paid one dollar and fifty cents per day as director of the town of ^larysville, the seat of justice for this county." A special term was held by the associate judges June 16, 1821. at which some minor business was transacted.

July 10, 182 1, the second regular term for that year was held at Milford ; full bench present. "The only business of any importance before the court at this term," says judge Coats, "was the trial of the case entitled the State of Ohio vs. Seth Chillis, on an indictment for burglary found against the said Seth Chillis at this, the July term of court, in which indictment the said Seth Chillis is charged with breaking and burglariously entering into the still-house of one Jacob Sager, with intent to steal goods and chattels of said Jacob Sager, there situated and being, feloniously to steal, take and carry away against the peace and dignity of the state of Ohio, and against the statute in such cases made and provided. "' John R. Parish was prosecuting attorne}'. Defendant pleaded not guilty, but a jury of good and true men found him guilty, and he was conxicted and sentenced to two years' confinement in the penitentiary. Chillis was a nati\e of Massachusetts, a resident of Madison county, Ohio, and a farmer l)y occupation. Among orders issued at this term was one granting a license t(_i (ieorge Brown to keep a store in Milford one year, on payment of ten dijllars. The court, im reconsideration, alloVved the director of the town of AIarys\"ille two dollars per day as compensation for his ser\ices, and allowed John R. Parish twenty dollars for his ser\-ices at this term of court.

The associate judges held a special term in this year and attended to some probate business. The last regular term of the court of common pleas for 1821 was held at Milford, beginning November 13th and lasting two days. The judges present were John A. McDowell, president; William Gabriel and Da\-id Mitchell, associates. On the second day of this term, Richard GaJjriel was appointed countv recorder, pro tem, ha\'ing the day before Ijeen appointed clerk, pro tem. Certain probate matters were attended to, and a number of criminal cases were tried. Court met at Milford on the i8th and 19th of April, 1822 ; present, associate judges David Mitchell, William Gabriel and James Curry. James Cooley was appointed prosecuting attorney in place of J. R. Parish, who was absent. The next term was held by the same judges and at the same place, July 18, 1822, and this was the last court convened at Milford.

November 21, 1822, the court of common pleas was held for the first time at Marvsville, the county seat, meeting in a room in the log ta\'ern owned by Matthias Collins and situated on Main street, north of the public square. This court was opened by the associate judges, Gabriel Mitchell and Curry, president judge McDowell appearing and taking his seat in the afternoon. The grand jury returned an indictment against Patrick Connor, for riot : he was found guilty and was fined five dollars and costs. .\t this term, ^Matthias Collins was granted a licen.se to keep tavern in the town of Marysl86 UNION COUNTY, OHIO.

The terms of court have since been regularly held at Marysville, first in Collins' log tavern, next in the old court house on the south side of 'East Center street, then for forty-fi\'e years in the brick court house and finally the present court house. The days of bar-room courts are over and tne anxious barrister now airs his eloquence where frescoed ceilings and rich surroundings appear in the place of smoke-dimmed walls, wooden benches, rope partitions and the rude paraphernalia.

L'nder the first constitution of Ohio, a president judge was elected by the Legislature for each common pleas distrist in the state, and in each of the counties in his district three associate jtidges were appointed, who were residents of the county in which they held the office. Beginning with 1820, the year in whicli I'nion county was organized, the following were the president judges and their associates to 1851, when the second Constitution was adopted and a change made in the courts, already mentioned in this chapter :

Associate judges: 1820-21, David Mitchell, William Gabriel, Nicholas Hathaway; 1822-25, David Mitchell, William Gabriel, James Curry; 1825-27, Da\id Mitchell, William Galiriel, Robert Nelson; 1827-29, James Curry. Willian'i Gabriel, Robert XeLun : 1S29-34, .\mos A. Williams, William Gabriel, fvobert Xelson : 1834-35, John Porter, Amos A. Williams, Robert Nelson; 1N35, Elizur Abljntt and Stephen McLain ; 1836-39, John Porter, Robert Nelson. James i lill : 1839-40, John Cassil, Nicholas Hathaway; 1842-46, Christian Myers, Silas G. Strong, James R. Smith; 1846-49, Christian M3'ers, James R. Smith, Levi Phelps; 1849-51, William W. \Voods, James R. Smith, Le\i Phelps. This was the last set of associates under the old judicial system in Ohio.

In this connection it will be of interest to insert a few lines on the history of some f)f the early judges who presided at the courts of this county;

Hon. Jiibn Adair McDdwell, the first president judge of the common pleas district, was born in Harrodsburg, Kentuck)-, 1780, studied law, and in the War nf 1812 served with distinction under General Shelbv- He mar- ried and emigrated to Franklin county about 1816 and became a prominent lawyer; was member of the lower house of the Ohio Legislature, 1818-19; in 1820 was elected president judge of his district. He was a brainy man and very popular; he died in 1823, leaving two children. (Justavius Swan filled his unexpired term of office.

Gustavius Swan was Ixirn in Xcw Hampshire. 1787: studied law at Concord with Samuel Bell, who later liecame g-o\-ernor and was admitted to the bar in his native state. In 181 1 he settled at Franklinton, then the county seat of Franklin county. Ohio, and there began to practice law. He soon rose to become a leader among the attorneys of the state. He was a thorough student, a fine speaker and made powerful arguments before a I'ury. In 1812 and again in 181 7 he was elected to the Legislature from Franklin county. He practiced until in the forties, then became president of the State Bank of Ohio. He died in Columbus in 1S60 where he had resided since 1815. He was succeeded on the bench l)y FJjenezer Lane.

Ebenezer Lane was a resident of Humn county. Ohio, and with the poor means of travel in those days it was no small effort to attend court in Union county. He was a man of high order of abilit}- and training and a sound jurist. As a penman his handwriting still to he seen on docket books and papers at the courthouse, shows him to ha\e been a fine scribe. He was elevated to the supreme bench of Ohio, and was of all other judges noted for his short and comprehensive opinions. He again filled the position of judge in the common pleas court here from 1828 to 1833.

Frederick Gimke, of Chillicothe. was a man tall of stature, sliin, pleasant looking and had a fine legal educatitni and a fair minded jurist. He was thoroughly practical and also rose to the supreme bench of Ohio.

Joseph R. Swan was born in Oneida count\'. Xew ^'ork. in 1802, of Scotch-Irish ancestr\ . He ^vas educated at .\urora. New ^'ork. and there studied law. which he completed under his uncle. Gustavius Swan, at Columbus, Ohio, where he was admitted to the bar in 1824. In 1830-34, he was prosecuting attorne}- in I'ranklin county and in 1834 was appointed president udge. He resigned in 1843. He. too, rose to the supreme court liench, and later wrote many books on Ohio laws. Columbus was liis home manv \'ears.

James L. Torbcrt, the last presidirig judge of this district, was a resident of Springfield. locating there in 1824 when \et a young man. He liad a fine classical education, followed school teaching for several years and then studied law and was admitted to the bar. In 1848 he edited the Springfield Re public . making it an ardent ^^'hig paper. His last term at ^larwsville was

Judges Of Common Pleas Court

The Ohio State Constitution of 185 1 provided for a branch of the judiciar_\- to be styled the "Court of Common Pleas." Among others who have held the position of judges for such a court, as relates to Union county may be named the following:

Benjamin F. i\Ietcalf. the first judge of common pleas for this district under the 1S51 Constitution, li\ed most of his time during his term of office at Lima, Allen count}*, although his home was at Delphos. He commenced law practice in Shelby county. Ohio. Considering his limited opportunities and none too good education, he made a very acceptable judge. He possessed good sound judgment and was tactful, and this, in part, made up for his lack of training as a lawyer. His fair name was, however, somewhat tarnished, even at that early day, by a too frec|uent use of the wine cup and all that goes along with its use. His death occurred at Lima soon after the close of the Civil War.

William Lawrence, judge of the court of common pleas from 1856 to 1865, followed Judge Metcalf and resided at Bellefontaine, Logan county. He was a well-read attorney and possessed remarkable industry and great energy. He made a practical, self-respecting judge and satisfied the people and the lawyers by his fair decisions. Morally, he was without spot or blemish. He was always pleasant and afTable and was very popular in and out of court. In 1864 he was elected to a seat in Congress, resigning his position on the bench to take the position as one of the war congressmen from Ohio. Near the end of President Hayes' administration, he was appointed comptroller of the United States treasury.

John S. Conklin, of Sidney, Ohio, followed Judge Lawrence as judge of the common pleas court of this district. He was as conscientious and honest as the sun, as was said of him once. In 1882 he was a candidate for Congress on the Republican ticket, but was defeated by Benjamin LaFevere.

Following Judge Conklin, P. B. Cole, of Marysville, Union county, came to the common pleas bench. He was born in Columbus, Ohio, in 181 5 and in 1820 was taken by his father and other members of the household to Mill Creek, Delaware county, where he continued to reside until 1833. The folkjwing year he came to Marysville and entered the office of William C. Lawrence and began reading law, boarding in the family of his preceptor.

He was admitted to the l)ar at Columbus. December, 1836, and ever afterwards was known as a lawyer of Marysville. In 1847 he formed a law partnership with George D. Witter, which was severed by the death of Mr. Witter in 1849. He then formed partnership with John B. Coats, continuing until 185 1. He was elected a member of the Legislature in 1850 under the old Constitution and held over under the new Constitution in 1851. He was also state senator in 1865, and had been prosecuting attorney as early as 1844. He was elected judge of the common pleas court in 1871 and served five years. In 1882 it was said of him that he was the oldest lawyer practicing in Union county and almost as old as any within Ohio. He was admitted to the practice when twenty-one )'eavs of age. continuing in practice over forty-six years, during a period when many of (Dhio's brightest legal lights reached the height of their legal fame. They had nearly died and he alone left to practice among a younger generation of lawyers and judges. He made inpartial decisions and was respected both in and out of court for his manly methods. He ever practiced practical temperance and li\-ed to a ripe old age, beloved by all.

John L. Porter was a native of Delaware county, Ohio, born in 1827, came to Union county in 1849 ^^'^d immediately commenced reading law in the offices of Cole & AVitter, at Marysville. He finished under Cole & Coats, the last named gentleman having been admitted to the firm that year after the decease of Mr. Witter. Mr. Porter was admitted to the bar in 185 1 during the last term of court under the old judicial system. The same was the supreme court held at Marysville. He was examined before Judge Swan. Otway Curry and others. He at once entered upon the practice at ]\larys\ille, entering into partnershii) with P. E. Cole, with whom he continued for three years, subsequently becoming a partner of J. B. Coats. In 1862 Porter enlisted in the One Hundred and Twenty-first Ohio regiment, and was promoted to the rank of lieutenant, serving till the end of the Civil War. He was elected in 1855 and 1857 as prosecuting attorney of Union county and after his return from the war was chosen to such position again. He served until 1873. I" the autumn of 1876 he was elected judge of the court of common pleas, serving until February, 1882. After the war he formed a partnership with Col. .\. James Sterling and remained with him until he was elected judge. Porter & Sterling collected a very large amount of the extra bounties for soldiers, more than any other firm. In the earlv fifties he was mayor of Marysville. .\fter his son Edward was admitted to the bar the firm was styled Porter & Porter.

judicial district, was born in Callo\va\- county. JNIissouri. in 1840. His father died two vears later, when his mother removed the family to Logan countv, Ohio, \\here the son e\er afterward continued to reside. He received a common school education and read law under Stanton & Allison, of Belief ontaine, and was admitted to the bar in 1862. In 1861 he enlisted in the Union cause, but for disability was discharged at Camp Chase. January I, 1864, he was commissioned first lieutenant of the Fifth United States Colored Troops, and ser\ed in the campaigns that year around Petersburg, A'irginia. On account of ill health he resigned in November, 1864. While still in the armv he was elected prosecuting attorney of Logan county and re-elected in 1866 and 1868; he resigned in 1869 to accept a seat in the Ohio Legislature. He was judge of the court of common pleas from 1887 to 1892. He still resides at Bellefontaine.

The next judge of the court of common pleas is the present judge, Tames M. Brodrick, whose sketch appears in the mention given members of the Union countv bar in the latter section of this chapter. He took the bench in 1906.

Union county's first permanent attorney-at-law was William C. Lawrence, who was born in Bea\er comity, Pennsylvania, March 2, 1804. He was one of seven children. The family removed to a point midway between Delaware and Marvsville, Ohio, Init in what is now known as Delaware county. Young Lawrence lived with his father, worked on the pioneer farm, attended school, and when eighteen years of age entered Washington College, Pennsvlvania, where he took a thorough classical course including Greek, .\fter his graduation he returned home, remaining a short time and being desirous of seeing the Southland, he set out and taught Latin in .Alaliania one \'ear and a mixed school in Tennessee. He then pushed on to Xew Orleans and remained in the South about four years. He read law while teaching school. .After coming home to Ohio, he was admitted to the bar at Medina in the autumn of 183 1. ?fe was married about this date and removed with his bride to Marysville. He was a good lawyer, an excellent citizen and lived to enjoy the fruits of his early struggles for an education and a place in his chosen profession. From 1833 to 1838 he was prosecuting attorney He felt that a larger field would suit him better and had planned to move to Kenton, Hardin county, but before removal he was stricken bv t\'])hoid fever and died at the age of forty-two.

Prior to the settlement of Attorney Lawrence, however, there had been a legal light at Marysville in the person of a Mr. Earlow, who arrived in Marvsville about 1828 or 1830, and boarded for a short time with Silas

Strong. He did not remain long and went on to more promising fields, wiiere possibly law business w as better at that date than here in Union county.

Concerning other members of the Union county bar it may be stated that the facts in this chapter have been obtained from former histories of Ohio and Union county and from the memories of those now living in' the county who have been in a position to kn(jw the general histor_\- of the lawyers of the count}^

Augustus Hall, the second regular law}'er in the county, came from Knox county in the spring of i8'.^6, remanied several years., was elected prosecuting attorney and later removed to Iowa, in which state he was elected to Congress.

John F. Kinney located in Marysville in the autumn of 1836, was admitted at Columbus the following year and commenced practice here. He mo\'ed to \\'est Point, b)wa, and was twice elected to the supreme bench of that state, and subsequently went to L'tah, from which territory he was elected a delegate to Congress. He li\ed many years and held property in Lincoln and Plattsmouth, Nebraska.

Otwa}' Curry was admitted to the l:)ar in 1840. He rose to be one of the ablest lawyers and most elocjuent speakers, as well as forceful writers, in the country. For many years he was a law partner of C. VY. B. Allison. A further account is found in the biographical section of this work, of this most excellent citizen and attorney.

About 1842 came James E. Wilson, but he practiced little while here. He was connected with the li^-al newspaper and was deputy clerk of the court. He became a minister in the Methodist Protestant denomination and removed from the county.

Charles W. B. Allison settled in ]\larysville about the same time Mr. Allison did. He was a fine young man and made an excellent lawyer. He was a partner of Mr. Wilson and also for a time was associated with Otway Curry. He had a large ]iractice and remained until about 1850. He died in Wheeling, West A'irginia, about 1880.

Jackson C. Doughty came to Marysville in 1844, remained until 1859, and then removed to Afissouri. During the Civil War he was driven out of that state by the I'Jebels, returned to Urbana and practiced with John .'\. Corwin. He enlisted in the Union army as a private soldier, and after the war moved to Mendota, Illinois.

Culver read law in Marysville, the former with W. Lawrence and P. B. Cole, and the latter with Mr. Cole. Both were admitted to the bar; Culver went to Oregon and died ; Stillings went to Leavenworth, Kansas. Both were capable attorneys. Culver was admitted in 1845 ^"d Stillings about 1846.

(jeorge D. Witter read law with P. B. Cole and was admitted to the bar in 1847. The same year he formed a partnership in law with his preceptor, which continued until the death of Mr. \\'itter in 1849. He was a bright, clear-headed, promising man and only twenty-six years of age at the time of his death.

Ransom C. Clark, who was admitted and began practice at Marysville in 1849. left here in 1867, removing to Hardin county, Iowa. He later located in Fayette county, Missouri. He had been prosecuting attorney while residing here in Union county.

John B. Coats, a native of Vermont, found his way to Xenia, Ohio, in 1842. He followed school teaching from 1842 to 1848, reading law during this time in the office of John H. Watson. He was admitted to the bar in Xenia in June, 1847: the following year, on account of ill health, he returned to Vermont and remained until 1849, when he located at Marysville, Union county, Ohio, forming a partnership with P. B. Cole. The firm of Coats & Cole existed until 1851. In 1854 Coats became the law partner of John L. Porter. Coats was elected prosecuting attorney in 1859 and ten years later was elected judge of the probate court for Union county.

James W. Robinson, a native of Union county, read law with Otway Curr}'; graduated from the Cincinnati Law School in 185 1 and was admitted to the bar at London, Madison county, in -April of that year. He at once formed a partnership with Otway Curry and this association was continued (except one year) until Mr. Curry's death in 1855. After this change took place Mr. Robinson practiced alone for a short time, but then took as his partner, his brother. Col. A. B. Robinson. In 1869 Leonidas Piper was admitted to the firm, making it Robinsons & Piper. J. W. Robinson was a member of the Legislature in 1858-60. In 1864 he was elected to fill the vacancy made by the resignation of A. J. Sterling. In 1872 he was elected to a seat in Congress and served two years. He was a candidate for reelection, but went down to defeat with the rest of the Republican party in the district.

a small boy with his parents, who settled in Union township. He read law with Cole & Coats, beginning about 1850, and two years later was admitted to the bar. In the autumn of 1852 he moved to Lewis, Cass county, Iowa. He later moved to Kansas and enlisted in that state in the Union cause and was commissioned lieutenant, although having only one hand, the other having been shot off by accident at a Fourth of July celebration. After the war ended he resumed his practice of law in the West. He died in 1912.

In 1852 I. B. Allen came to ^^larysville and remained until about 1855. Of him it is related that he was susceptible to all kinds of practical jokes. The members of the bar soon learned this peculiarity. tn(jk advantage of it and had much fun with him. They put him through what the\- termed an "initiation" which ended in a climax which set the court and lawyers in a great uproar, including the usually quiet and dignilied Otway Curr)-. These old timers enjoyed the ridiculous as well as the sublime in life.

John D. Vandeman was admitted to the bar before the Union district court in August. 1853, although he never resided in this county. He graduated from the Ohio \\'esle}'an Uni'ixrsity abnut 1850 : was a resident of Delaware. Ohio, and a member of the law firm of C7arj)er i.*v: Vandeman, but frequentl}' practiced in the important cases in Union count}" courts.

H. J. King, a natixe of Pennsylvania, came ti) Ohio in 1824, when a child, with his parents, the family locating^ in I'ike tuwnship. Madison county. He began reading law with Samuel Kerr, at London, in 1842, and became a citizen of L'nion count}' in 1853. He practiced many years before the lower courts before his admission to the regular bar in 1869, before the supreme court at Columbus. For three }-ears he was a member of the firm of Randall. Cameron & King, and later a partner of Andrew Stevenson until 1878, after which he practiced alone.

Aaron I. Gould settled in Marysville about 1854. practicing a year with Jackson C. Dought\'. He moved his family to Iowa, where he embarked in the newspaper business. He had a \ery l)ad temper and this made him the butt of manv a good joke among the members of the bar. He w as a tall man and someone dubbed him "Shanghai." and when he heard of it he was wroth and made all manner of dire threats upon the man who started this name for him. Messrs. Coats and Porter, to whom he applied for information, could onlv surmise the name of the offender, and Could was about to depart dissatisfied, when Porter told Coats to call him back and he would tell him, Gould again entered hastilv and Porter, with all the gravity of which he he hastened with bad intent in his heart. Mr. Coats undertook to get ahead of him and warn Welch, but was too late. It was probable that no man was ever more scored by tongue than was poor Welch. He was one of the most powerful citizens in the town and Gould dared not lay hands on him. Welch, in relating this incident, said he had not the faintest idea of what Gould was trying to get at when talking so to him. Had he I)een a smaller man possibly the trouble between Welch and Gould might ha\e been e\en more serious than it was.

In 1S54 George Lincoln, from Connecticut, settled in Marysville and commenced the practice of law. In the fall of that year he formed a law partnership with Attorney Hamilton. Subsequently he moved to ]\Iadison county and was made judge of the court of common pleas.

Col. Maecenas C. Lawrence, eldest son of William C. I^awrence, was born in Marysville in 1832, read law with Judge P. B. Cole and was admitted to the bar at Marysville, August, 1865. He inherited the wonderful memory possessed by his father. He was a well-read lawyer and the older members of the bar more than once consulted him regarding hard problems in law. He made an envious military record as a member of the Thirteenth and One Hundred and Twenty-first Ohio Regiments. He rose to the rank of lieutenant-colonel. He served in the House in the Ohio Legislature in 1865-67 and in the Senate in 1873. He died at home in Marysville, December, 1881, aged about fifty years. He was buried by the Grand Army of the Republic.

Col. Aaron B. Robinson, of the old law firm of Robinson & Piper, studied law under his brother, Hon. James W. Robinson, at Marysville, and subseciuentl}' attended a law school at Cincinnati. He was admitted to the bar in the spring of 1850. Col. Robinson gained his title by service in the Civil War as a member of the One Hundred and Twenty-first Regiment from Ohio. He was the junior member of the firm above named before ]\lr. Piper entered it. In the early eighties he was not actix'ely engaged in legal practice, but was absorbed in what was styled the "Factory Store" at Marysville. In 1879 and 1881 Col. Robinson was elected to a seat in the Ohio Legislature as a member from Union county. He met with physical affliction a few vears ago and has ever since been confined to his home.

William H. Randall came to Marysville in August, 1863, to take charge of the Democratic newspaper published at that time. For a law partner, he had for a time an attorney by the name of Cummings. From Marys-

Hylas Saljine, thou.tjh not a regular legal practitioner in the county, was a graduate of the law department of Harvard University in 1S63. He was a lifelong citizen of this countw but was best known as a real estate dealer. Under Governor Foster he was appointed state commissioner of railroads and telegraphs.

N. A. Gilbert came to Marysville either in i8'65 or 1866. He had read law in Mahoning" county. Ohio, and was for a short time a partner of W. M. Randall: in 1868-69 he associated svith J. P.. Coats, and still later with D. W. Ayers. He was a good lawver and well liked in the countv. He moved to Cleveland about 1871 and there built up a large practice.

Ulysses D. Cole, eldest son of Judge P. B. Cole, read law with his father and later attended law school at Cleveland and Harvard University. Early in 1866 he was admitted to the bar by the supreme court at Columbus. He served in the L'nion Army in Ci\il War for two years with the rank of captain. He practiced a year with his father and in 1867 moved to Huntington, Indiana. He was elected state representative in 1876, and for a time was deputy United States assessor of internal revenue. He finally located at Rushville, Indiana, where he died.

Col. A. James Sterling was b(irn in 1836 in Harrison county, Ohio, and accompanied his parents to Union county when but a mere babe. He was educated at the old Marysville Academy and at Ohio Wesleyan University. When the Civil War broke out, he raised a company and was elected as its captain, he being assigned to the Thirty-first Ohio Regiment Infantry. He was severely wounded in the right arm and shoulder at the fierce battle of Chickamauga, and was soon after discharged for disability. In 1864 he was elected to the lower House in the Ohio Legislature, but as soon as his wi^unds had healed, resigned to re-enter the war. He was commissioned lieutenantcolonel of the One Hundred and Se\enty- fourth Regiment, and saw active service until the end of that bitter, prolonged strife. Soon after his return from the war he was admitted to the bar (about 1866), and formed a partnership with John L. Porter, which relation lasted until Porter's elevation to the bench in 1876. Mr. Sterling was a member of the Ohio Legislature in 1870-72. While residing in Marysville he became possessed of a good fortune, but through unfortunate circumstances lost most of it. In 1878 he removed to Leadville. Colorado. He is deceased.

law in May, 1865, at Marysville, with Col. AI. C. Lawrence, and was admitted to the bar in 1867. He practiced with his preceptor a year and a half and in Alarch, 1869, united with the firm of Robinson & Robinson. The tirni of Robinson & Piper was perhaps the strongest law firm of the county at anv time in the county's iiistory. and continued as long as a firm as any other. For two } ears in his career Mr. Piper was superintendent of the Alarysville citv scliools. In 18O9 and 1871 he was ejected prosecuting attorney for Union county. He was secretary of the Union County Agricultural Society from 1867 to 1874. He was one of the board of school examiners for a number of years. He was elected judge of the probate court in 1888 and served until 1895. He is still practicing law.

T. L. Cameron, born in Jackson township, in this county, read law before the Civil War in tlie office of J. W. Robinson and was admitted to the bar bv the district court at Mar}-s\ille, August, 1867, and soon commenced to practice his chosen profession. In 1868 he was admitted to the practice in all state and federal courts. In 1869 he formed a partnership with W. M. Randall, which continued until 187 1. Subsequently, he was a partner of Joseph M. Kennedv, and in January. 1878, he admitted Thomas B. Benton as partner. This firm was dissolved in the autumn of 188 1 and then he practiced alone. Mr. Cameron served in the Twelfth Ohio Cavalry Regiment during the Civil \\'ar.

D. W. Ayers, a nati\e of Penns\l\ania, came to Union county, Ohio, in 1868, read law with James W. Robinson at ;Mar}sviIle, and was admitted to the bar in 1870. He served as city solicitor of Marysville and in 1875 was elected prosecntmg attorne_\- for two years. In 1871 he became a lawpartner of R. L. U'oodburu. He had previously been associated for a short time with X. .A. Gilbert. In 1876 he entered into partnership with Col. .\. J. Sterling, which was dissolved in 1878, after which he resumed his practice alone. He made a specialty of criminal cases, in which he was quite successful. He was an energetic worker in political campaigns. He served in the Union Army from Penns_\l\ania under General Sheridan and was present at Lee's final surrender to Grant. He is now deceased.

R. L. W'oodburn was a native of Jerome township. He commenced the study of law in 1869 in the offices of Robinson & Piper at Marysville and was admitted to the bar at that place in August, 1871. He formed a partnership with D. W. .\yers and commenced his law practice at Marysville. Two years later he commenced practicing alone. In 1877 and again in 1879 he was made prosecuting attorney for Union county. From 1873 fo 1878 he was secretary of the county agricuhural society. He ser\ed in tlie Eightysixth Ohio Volunteer Infantry during the Civil War. He is now deceased.

Joseph M. Kennedy, a native of Madison county, Ohio, first read law in 1858. He studied under Harrison & McCloud, of London, Ohio. In August, 187 1, he was admitted to the practice of law in this county. He was a partner with H. J. King for a few years and later with J. L. Cameron. He moved to Aladison county and returned to Union county in 1871 and the following spring was elected mayor of Alar}s\ille and was mayor during the temperance crusade. He is now deceased.

A. T. Carpenter, a native of Delaware county, Ohio, located at Alarysville and read law with Porter & Sterling. He was admitted to the bar in December, 1871, by the supreme court at Columbus and immediately opened a law office at Marysville. He had different partners, including W. D. Pudney and John AI. Brodrick. He remained with Brodrick until the latter was elected prosecuting attorney. As earl}- as 1873-74 he was first assistant journal clerk in the Ohio House of Representatives. He moved to Wichita, Kansas, but is now practicing law at Toledo, Ohio.

James E.- Cole, son of Judge P. B. Cole, graduated in 1806 from the Lhiited States Military Academy at ^Vest Point, and served five years on the frontier of Texas in Company C, I'ourth L'nited States Cavalry, as first lieutenant. He left the service in 1871. His last duty in the military service took him to the old City of Mexico, being detailed by the secretary of war. He read law with his father, was admitted to the bar in 1872 and then located at Marysville.

Walstine D. Pudney was admitted to the bar in 1872. practiced law at Marysville for a time with A. T. Carpenter and subsequentlv removed to Cleveland. By birth he was a New Yorker.

A. H. Kollefrath, of (jerman parentage, came tn Mar\s\ille in 1872 and made a successful lawyer. He had been in practice for some time at Springfield, Ohio, before coming to Union county He is still in law at Marysville, where he has been mayor of the city since 191 3.

William B. Hamilton, youngest son of Hon. C. S. Hamilton, read law with Col. M. C. Lawrence, was admitted to the bar. ]-)racticed for a time at Marysville and later moved to London. Ohio.

F. T. Arthur, a native of Delaware cinmty. Ohio, a resident of Marysville since about 1867. read law vvitli wliat spare time he could get while clerk of the courts, between 1869-73 and was admitted to the bar before the district court in January, 1874. He did not engage in practice of law, but in mercantile pursuits in Marysville. He is deceased.

Charles VV. Fairbanks, ex-vice president of the United States, a native son of Union county, was admitted to the practice of law in 1874. Immediately thereafter he was appointed attorney of the Indianapolis, Bloomington & Western Railway Company, with headquarters at Indianapolis. He was highly successful in that role and made wealth rapidly. He was elected vice-president with Theodore Roosevelt in 1904. He is a resident of Indianapolis.

George O. Hamilton, Ixjrn in Union county, Ohio, son of Dr. I. N. Hamilton, was admitted to the bar at Columbus in 1874 and for a time practiced in Marysville with Col. M. C. Lawrence. In the autumn of 1880 he formed a partnership with W. O. Henderson, but was obliged to quit on account of failing health. He died at Marysville, September i, 1882.

T. B. Fulton, formerly of the law firm of Powell, Fulton & Hoskins, was born in Homer, Licking county, Ohio. He read law with Gen. George W. Morgan, at Mt. Vernon, Ohio, and was admitted to the bar at Lima in 1875. He practiced at various points until 1876 and then opened an office in Newark, Ohio, practicing alone until 1879, when he was appointed deputy clerk of Licking county. He moved to Marysville in July, 1880, and formed a partnership with Thomas E. Powell, who still resided at Delaware. In 1882 E. L. Hoskins was made a member of the firm. Mr. Fulton is now judge of the court of common pleas at Newark, Ohio.

John M. Brodrick was born in Allen township and commenced to study law with the firm of Porter & Sterling in January, 1874. He was admitted to the bar in 1875. On account of hard study and indoor confinement, he did not at once take up his law practice, but taught school a few terms and regained his health on the farm where he had lieen reared. In No\ember, 1876, he commenced practice and from 1879 to 1881 was a law partner of A. T. Carijenter. He was elected prosecuting attorney in 1881, and was clerk of the municipality of Marysville four years. He read law at the same time and with the same preceptor as did Thomas B. Benton and they were both admitted at the same time. They were partners for a time. Benton was a cousin of the famous Thomas H. Benton. Mr. Broderick was elevated to the bench in 1906 and is still .serving with credit to himself and the bench and bar.

Charles B. Newsom, the only colored man ever admitted to the bar in Union county, studied with P. R. Kerr at Richwood, and was admitted to the bar before the district court at Marysville, September 6, 1875. His trade was that of a barl)er. From Mary.sville be went to North Lewisburg, Ohio, where lie practicetl lioth as a barber and as an attorney, a queer combination. Jt is related that he was as gootl at one as the other. Suljsequently, he moved to Tennessee as agent of a mutual aid association, and was still there at last accounts.

J. H. Kinkade was burn in Alarysville in 1853. He began reading law in the ot^ce of Robinson & Piper in 1873 and was admitted to the bar in 1875. He practiced in his native town and was elected mayor, at the same time being commissioned as a justice of the peace. He is still in active practice at Alarysville.

Edward E. Cole, another son of Judge P. B. Cole, also chose law as his profession. He read under his father and was admitted to the bar in March. i8'7(). Erdin 1879 to 1X8-' he was a justice of the peace in Alarysville. He died in 1909.

A. H. Beightler, born in Paris township, Cnion count}', read law with R. L. Woodburn, beginning in 1874, and was admitted in April, 1877. He opened an oftice in Marysville in 1878. in the spring of 1881 he was elected clerk of I'aris t(.iwnship. In 1879 he succeeded R. L. Woodburn as secretary of the Cnion County Agricultural Society.

William O. Henderson, son of James A. Henderson, of MaiTs\-ille, was admitted to the practice of law at Lima. Ohi(_i, in July, 1877, s""^' located at Columbus, where he still practices.

Others who have practiced here a shorter or longer period are as follows ; Henry D. INIcDowell, of Holmes county : James S. McCampbell ; W. T. Hoopes, of Morgan county, Ohio; Edward W. Porter, son of Judge John L, Porter, a member of the law firm of Porter & Porter, was born in Mar}-s\'ille, read law under his father, beginning in 1879, and was admitted to the l)ar in 1881. His first case was tried before his father near the close of his term of office as judge. The firm of Porter tK: Porter was formed in Fel^ruarv, 1882. He was prosecuting attorney two terms and elected in 1913 as probate judge.

Emery L. Hoskins, of the firm of Powell, Fulton & Hoskins, became identified with the firm in i88'2. He was born in Leesburg township in this count\-. After reading law with Col. Lawrence, and Powell and l-'ulton, he was admitted by the supreme court at Columbus, June 7, 1882.

The first law\er at Richwood was Louis P.lake. who located there in 1870. The next lawyer was P. Ray Kerr; then came Seth S. Gardner and S. W. A'an Winkle, the latter having been admitted in 1882. He is still in active practice at Richwood.

Clarence Cranston practiced law at JMilford Center for a short time and then renio\ed to Topeka, Kansas. T. H. Bain, who also read law at Marysville, went to Kansas and formed a partnership with Mr. Cranston. Mr. Bain is now practicing in Seattle, Washington.

Robert McCrory, who served as clerk of the courts in Union county from 1888 to 1896, studied law and was admitted to the bar. He became the partner of J. L. Cameron for several years and later was associated with Cameron & Son. They had an extensive business, which was followed until his removal to Spokane, Washington, in about 1908. He still resides in tliat beautiful Western city.

There were numerous students who read law in Marys\"ille and never practiced in Union county, but remo\'ed elsewhere. In a chapter of this character it \vill not he out of place to recall what the historian can concerning their whereabouts. These included the following : James F. Freeman was admitted in 1838. He was a resident of Madison county and was one of the few men wlio were admitted to the practice of' law when the supreme court was held at Marysville under the old state constitution. Lucius Case, of Licking county, was another in this class. Those who were admitted by the district court are as follows :

A. Beard, of Delaware county, admitted 1872: Wilson S. Bailey, admitted 1878, moved to Kansas; T. S. Cheney, admitted 1872; A. G. Carpenter, of Mansfield, admitted 1875; Stephen A. Court, non-resident, admitted 1878; Erwin G. Dudley, admitted 1854; Eugene D. Hamilton, admitted 1879; Samuel F. Marsh, from Woodstock, admitted 1868: John H. Miller, admitted 1876; Richard M. McCloud, of London, Ohio, admitted 1879; Robert

B. Montgomery, of Columbus, admitted 1879; Anthony J. McCaffery, admitted 1875; James T. O'Donnell, of London, Ohio, admitted 1874; George H. Purdv, of Delaware county, admitted 1857, entered Union Army, was killed at the battle of Gettysburg, July, 1863; Thomas H. B. Park, read law with Robinsons & Piper, admitted i86<); removed to Kan.sas; George Randall, admitted 1861, ser\ed in the Union Army in Civil War, located in Kansas; Arthur I. Vorys, admitted 1869.

In December, 19 14, the following v.ere in active practice at the Union county bar : At Marysville - Ballinger, F. Z. ; Cameron, J. L. ; Cameron, R. L. ; Cole, James B. ; Graham, Walter H. ; H<jopes, Clarence; Kinkaid, J. H. ;

Union Cocnty, Ohio

Kollefrath, A. H. ; Loughrey, J. L. ; AlcCampbell, James; Myers, Al. L. ; Porter, E. \V. ; Piper, L. ; Robinson, J. £. ; Thompson, F. A. : Thornton, D. E. ; WilHs. J. H. At Richwood - \'an Winkle, S. W. : Simons, Arthnr B. ; Haines, Alilton; Stiles, A. G. At Rlilford Center - Fullington, F. G. At Peoria - Aloffitt, Xate L. At Plain City^ - Strayer, J. E.

Present Court Officers

The present court officers for Union county are as follows: Judge, John M. Brodrick ; prosecuting attorney, John H. Willis ; clerk, John C. Hartshorn : deputy clerk. Dana L. Hartshijrn : sheriff, John N. Laird ; sheriff's clerk, Anna J. Laird ; court stenographer, Eva Byers ; bailiff and law librarian, Georee C. Edwards.