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, |
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ROBERT MCKINNS, |
Associate Judges |
EBENEZER WILSON, |
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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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