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HANCOCK COUNTY, OHIO
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HISTORY OF HANCOCK COUNTY, OHIO
By D. B. Beardsley - Findley, O.
Publ. Springfield, O. Republic Printing Co.
- 1881 -

CHAPTER VIII.

Early Courts  - First Judges - First Juries
Pgs. 58 - 68
 

    THE early history of our Courts is one of interest.  We learn from the recorded proceedings, the simplicity of such courts, their cheapness, and the promptness with which business was transacted.  Under the Constitution of Ohio, adopted in 1802, the Judicial power of the State, both in law and equity, was vested in a Supreme Court, in Courts of Common Pleas for each County, &c.  Sec. 3 of the Constitution provided:  "That the several Courts of Common Pleas shall consist of a President and Associate Judges.  There shall be appointed in each county, not more than three, nor less than two Associates Judges, who during their continuance in office shall reside therein."
     These Judges were appointed by a joint ballot of both Houses of the General Assembly, and held their office for the term of seven years, if so long they behaved well.  Such were the provisions of the Constitution, and when Hancock became a separate and distinct County, three of her citizens were honored with the appointment of Associate Judges.
     In March, 1828, Abraham Huff, Robert McKinnis and Ebenezer Wilson were appointed by the Legislature.  We find the record of their first meeting, or the first court held in the county:  "At a special court begun and held in the town of Findley on the 14th of March, in the year of our Lord, one thousand, eight hundred and twenty-eight, pres-

[Pg. 59]
ent, Honorables Abraham Huff, Robert McKinnis and Ebenezer Wilson, Judges of and for the County of Hancock, and State of Ohio, and proceeded to appoint a Clerk, pro tem, and after consideration, appointed Wilson Vance, and gave him the following certificate of his appointment in the following words and figures, to-wit:  'Know all men by these presents, that we, Abraham Huff, Robert McKinnis and Ebenezer Wilson, Associate Judges in and for the County of Hancock, have this day met at the school house in the town of Findley, in said county, and after consultation and deliberation, have proceeded to appoint by living voice, Wilson Vance, Esq., of said county, Clerk, Pro tem., at Findley, this 14th day of March, 1828.'

ABRAHAM HUFF,  
ROBERT MCKINNS, Associate Judges
EBENEZER WILSON,  

    The vote stood, ayes two, nays one.  Mr. Vance was sworn into office by Judge McKinnis."
     The office of Clerk, was held by Mr. Vance as clerk pro tem., under the provisions of Sec. 7, Art. 3, of the Constitution of 1802, which recited: "That 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 a 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 any Court of the same dignity, with that for which he offers himself."  There is a litle sprinkling of "civil service reform" in that.
     The first Judicial officers of the county deserve more than a passing notice.  Many who are now living, and who had an acquaintance with them, no no doubt bear witness to

[Pg. 60]
their fidelity to business, and their fairness in the discharge of their duties, and to their unsullied character as men.
     JUDGE ROBERT McKINNIS was born in Butler County, Pennsylvania, and removed from thence to Ross County, Ohio, and from thence, in 1822, he came to Hancock, where he at once became one of the leading spirits of the then new settlements in the county.  Judge McKinnis married before his emigration to Ohio, and was surrounded by a grown up family when he came to this county.  He was of Scotch-Irish descent, and combined the frankness of the Scotchman, with the warm jovial hearted Irishman.
     Not only was the Judge himself a noted man, but his sons, of whom there were four, Charles Philip, James and John were men who were trusted by the early settlers with positions of responsibility, which positions were always filled with intelligence and honestly.  Charles  was one of the first Commissioners of the County, a position which at that time, was one of peculiar importance.  The affairs of a new county were to be put in shape, all the conflicting interests of rival settlements to be harmonized, public buildings and public business were to he looked after.  To safely and successfully manage, and control all these with economy, and to the best interests of a poor struggling population, required discrimination, decision and patience.  Mr. McKinnis did not fail in these qualifications.
     Judge McKinnis was the owner of a good farm in Liberty Township, on the south bank of the Blanchard, and lived to enjoy the fruits of his toil.  In after life, and when quite advanced in years, he made several trips to the far west, some of his children having removed there, going and returning alone in his wagon.  He died at a ripe old age, loved and respected by all who had his acquaintance.

[Pg. 61]
     JUDGE EBENEZER WILSON came to the county in 1826, and settled in Liberty Township, on the farm which his son Joseph now resides, where he continued his residence until his death.  Of the Judge, it can be said that as a man, he enjoyed the respect and confidence of his neighbors to an unlimited extent.  That he filled the office of Associate Judge, with intelligence and honesty, is evidenced by the fact that he held the office for two terms - fourteen years - a greater length of time than did any other.  The Judge was one of the Pioneers of the Presbyterian church, and was noted for his exemplary life.  He had a large family of children, who like the Judge, were social, good natured people.  The Judge lived long enough to reclaim from the wilderness, and enjoy the blessings of one of the handsomest farms in the county, to see those who had come to the wilds of the county with him, peaceably enjoy the fruit of their labor, and he had the good fortune to retain to the last the esteem and friendship of his old pioneer associates.
     I have not been able to ascertain at just what time Judge Abraham Huff came to the county, but it was a very early period in his history.  There seems to be but little known of his history by those living.  I have learned this much, however, from some of his old acquaintances, that he was an honorable, straight forward man, of good strong common sense, and was an upright, intelligent Judge.  He was a man of poor bodily health, and left the county at an early day, and went to the State of Missouri, in hopes of regaining his health, in which he partially succeeded, but he has been dead many years.
     The first Court of Common Pleas held in the county, was the June term 1828, and the following is a complete record of the term.

[Pg. 62]
     "At a Court of Common Pleas begun and held in the town of Findley, in and for the county of Hancock, in the State of Ohio, on the third day of June, in the year of our Lord eighteen hundred and twenty-eight.  Present, the Associate Judges, Abraham Huff, Robert McKinnis and Ebenezer Wilson, the Presiding Judge not being present.  Don Alonzo Hamlin, Sheriff, Wilson Vance, Clerk pro-tem, Anthony Casad was appointed by the Court to prosecute the Pleas in behalf of the State, for said county for the term of one year, and to be allowed forty dollars for his services."
     Elijah T. Davis was appointed Administrator on the effects of Thomas Wilson, ate of Findley township, deceased.  Joshua Hedges and Squire Carlin were accepted as his sureties, bonds given in the sum of Five Hundred dollars.  Joshua Hedges, Jacob Poe and Charles McKinnis were appointed appraisers of said effects.  On application ordered that the citizens of Welfare - now Delaware - township have leave to elect one Justice of the Peace.  One Justice of the Peace was appointed for Amanda township.  The Court appointed Wilson Vance Recorder of Hancock County for the term of seven years, and the Court adjourned without day.
                                                                                              
ABRAHAM HUFF."

     The First Grand Jury was composed of the following named persons:  Joseph DeWitt, John P. Hamilton, Jacob Poe, Asa Lake, Charles McKinnis, Reuben Hales, Mordica Hammond, William Wade, John Boyd, Henry George, William Moreland, James McKinnis, William Taylor, Edwin S. Jones and John C. Wickham  The foreman was William Taylor.

[Pg. 63]
     The first Petit Jury summoned was as follows:  John Beard, Joseph Johnson, John Huff, William Moreland, jr., John Tullis, John J. Hendricks, Thomas Thompson, James Pettis, and there being no business for a Jury they were discharged without filling the panel.  Rachel Wilson was appointed guardian of Rebecca and Jane Wilson minor children of Thomas Wilson, deceased.  Rebecca was eight and Jane one year old.  When grown up Rebecca became the wife of John Reed, of Liberty township, and Jane the wife of George L. Poe, of Allen township.
     On application, a license was granted to William Taylor to vend merchandise at his residence in Findley, until the first day of April next, he to pay into the Treasury two dollars and twenty-five cents for said license.
     At the November term of the Court it "Appearing that there was no business before the Grand Jury, they were discharged."  At the same term William Taylor was appointed Surveyor of the county, and the Clerk ordered to certify the same to the Governor.  William Taylor, William Hackney and Mordica Hammond were appointed examiners of common schools.  It was "Ordered by the Court that there be allowed to the Clerk of the Court the sum of ten dollars each year, to be paid one half at each term of Court."  Seven years Clerk of the Court for the magnificent sum of seventy dollars.
     A special session of the court was held on the 19th day of March, 1829, for the purpose of granting letters of administration on the estate of John Patterson William Taylor was appointed.  Mr. Patterson was a brother of the wife of Mr. Taylor.
     At the April term, 1829, Judges Huff, Wilson and McKinnis were present, also Sheriff John C. Wickham, Clerk

[Pg. 64]
Wilson Vance and Prosecuting Attorney Anthony Casad.  The Grand Jury, the second one called and empanneled in the county was as follows:  Robert Long, Amos Beard, Thomas Cole, John Shoemaker, Rueben W. Hamblin, Samuel Sargeant, William J. Greer, Robert Elder, John Hunter, Isaac Johnson, Nathan Frakes, Rueben Hales, Jacob Foster, William Moreland, jr., Nathan Williams.  The foreman was William J. Greer.  Due notice having been given, William Taylor was licensed to keep a tavern at his house in Findley, by paying five dollars.  The Grand Jury, at this session, found a bill of indictment, the first ever returned in the county.
     The first case on the civil docket was that of Robert Elder and wife against Asa Lake and wife for slander.  Damages claimed, five hundred dollars.  The action was bought at the November term, 1828, Abel Rawson, Plaintiff's Attorney.  A judgment was rendered for the defendants, and the plaintiffs ordered to pay the costs, taxed at two dollars and twenty-two cents.  Such a cost bill as that would not go very far towards paying the costs of a slander suit in these hard times, neither would it make the officers of the court either rich or happy.
     At the April term, 1830, the case of Henry McWhorter against Samuel Sargeant and Abraham Huff was tried before Ebenezer Lane, President Judge, and Judges Wilson and McKinnis, Associates.  The action was upon note of hand, and amount claimed four hundred dollars, and one hundred dollars damages.  I give only the finding of the court.  "Now comes the plaintiff by Mr. Godman, his Attorney, and the defendant being three times solemnly called came not, but made default.  It is therefore considered that the plaintiff recover of said defendants the sum of $237.83,

[Pg. 65]
his debt aforesaid, together with his damages assessed by the court at one cent, and his costs of suit to be taxed at $3.30.
     The case of State of Ohio against Thomas Slight was tried before a jury composed of Joshua Hedges, Vanrensalear Hancock, John Elder, Seldon Blodgett, Sampson Dildine, James McKinnis, Wm. DeWitt, Josiah Elder, Thomas F. Johnson, Asa M. Lake, Asa Lake and Mathew Reighly.  Verdict, guilty.  Second trial allowed, case finally dismissed.
     Perhaps no cases tried in the county excited more interest at the time than those in which John P. Hamilton and Charles and Philip McKinnis figured.  The facts as I have them are as follows:
     Charles McKinnis and John P. Hamilton were both County Commissioners, and a petition had been presented to the Board, praying for the division of Findley township, which then included all the western part of the county.
     To this proposition McKinnis, and perhaps his immediate constituency, were opposed, as it struck them off from Findley.
     At the session in which the matter was to be determined, McKinnis after coming to town was attacked with the ague, and consequently was not able to meet with the Board, and whilst the ague was shaking him, Hamilton and the other Commissioner passed the act dividing the township.  This was done no doubt, without any intention of discourtesy or insult to McKinnis but as it came up in the regular order of business.  But it seems that McKinnis did not so regard it, for when the matter came to his ears, he was terribly enraged, as he believed they had purposely taken advantage of his absence to pass the obnoxious order.

[Pg. 66]
As soon as he was able to be on the street, meeting Hamilton, and considering him the prime mover in the matter, he at once proceeded to revenge himself by giving Hamilton a severe whipping, according to the usages of warfare, practiced amongst gentlemen at that time.  Philip McKinnis happening in town and hearing that his brother Charles and Hamilton had been in a fight, and knowing that Charles was sic, took it for granted that he had been worsted in the fight.  Well aware that a fight between two full grown men meant business, and that whoever got whipped was badly whipped, he in his impetuous manner, and without stopping to inquire who had the bet of the fight, started out to find the man whom he supposed had taken an undue advantage, and meeting Hamilton, without further ceremony pitched into him, and repeated the dose which Charles had administered.  Thus by mistake Hamilton got two dressings, for had Philip known that Charles had come out first best in the fight, or even that he would not under any consideration have interfered.
     The matter came before the Grand Jury, and bills of indictments were found against the McKinnis brothers.  The indictments were found by the following named Grand Jury:  William Moreland, George Flenner, Squire Carlin, Asa Lake, John Bashore, Jacob Foster, John Hunter, Edwin S. Jones, John Beard, Don Alonzo Hamblin, Asher Wickham, Joshua Powell, Isaac Johnson, Joseph Sargent and Bass Rawson.  The record says that to the indictment the defendants say they are guilty, and throw themselves on the mercy of the court.  The sentence pronounced by the court against Charles McKinnis was:  "And, thereupon, it is considered and adjudged by the court, that said
McKinnis

[Pg. 67]
pay a fine of one dollar, and the costs of suit, taxed at $2.24, and that he stand charged until the sentence of court is complied with and be in mercy."  The case against Philip was disposed of in the same way.
     John P. Hamilton in September, 1829, by T. C. Powell, his Attorney, brought suit against Charles McKinnis for damages sustained by him in the assault and battery, claiming five hundred dollars damage.
     The declaration (or petition as it would now be called), recites that:  "The said Charles on the first day of September, 1829, at Findley, in the County of Hancock, with force and arms made an assault upon the said John, and then and there, with a certain stick, and with his fists, gave and struck the said John a great many violent blows and strokes, on and about his head, face, breast, back, shoulders, arms, legs and divers other places of his body, and, also, then and there with great force and violence, shook and pulled about the said John, down onto and upon the ground, and then and there violently kicked the said John, and gave and struck him a great many other blows and strokes, by means of which said second premises he, the said John, was then and there greatly hurt, bruised, wounded and became and was sick, sore and lame."
     It will perhaps, be well enough to remember that the lawyers of that day, in drawing up papers, put in everything that actually did happen, and for fear of accidents, they then put in everything that might have happened.  If the said Charles  was guilty of inflicting even a tithe of the injury on the said John with which he was charged, the fine of one dollar, although that was a large sum of money at that day, was a very cheap punishment.

[Pg. 68]
     The case was tried to a jury composed as follows:  Josiah Elder, Don Alonzo Hamblin, Robert L. Strother, Joseph Egbert, Joshua Powell, Nathan Williams, William J. Greer, John J. Hendricks, Mordica Hammond, Peter George, Thos. Thompson and William Moreland.  Verdict, guilty.  Damages assessed at seventy-five dollars.
     Suit was also brought against Philip McKinnis, and a judgment for thirty-five dollars recovered.
     Anthony Casad, of Bellefontaine, Ohio, was appointed Prosecuting Attorney of the County, at the munificent salary of forty dollars.  Amongst the names of Attorneys practicing in the courts at that day, and for many years subsequently, we find those of Casad, Godman, Powell, Goit, Hall, Bates, Morrison, O'Neal, Coffinbery, Patterson, May and Rawson.
     In 1835, Robert L. Strother and John W. Baldwin were appointed Associate Judges, in place of Huff and McKinnis, Judge Wilson being reappointed.  Judge Baldwin held the office but a short time, and upon his resignation, Major Bright was appointed.
     IN 1842, John Ewing, Mordica Hammond and William Roller were appointed, and they were succeeded by Michael Price, John Cooper and Gamaliel C. Brandel, and with them the race of Associate Judges became extinct, as the Constitution of 1851 abolished the office.  The people of the county were very fortunate in the appointment of Judges as all were, at least, of the best citizens of the county.
 

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