AS people often fail to
agree respecting their
rights and duties, and
as they sometimes
violate their
agreements, and even
disobey those rules and
regulations prescribed
for their conduct, it is
necessary that tribunals
should be provided to
administer justice, to
determine and declare
the rights observed or
violated, and to
pronounce judgment
according to law and the
just deserts of the
citizen. These
determinations are
called judicial.
Upon the organization of
the Northwest Territory,
courts were established
and laws promulgated for
its proper government.
The court of common
pleas was one of the
first to take shape,
being established by the
governor and the three
district judges of the
Territory, Aug. 23,
1788. This court
was first composed of
not less than three nor
more than five justices,
appointed by the
governor in each county,
and known as the
''County Court of Common
Pleas;" but in 1790, the
number of justices was
increased to not less
than three, and not more
than seven in each
county. The
regular sessions of this
court were, by the same
act, increased from two
to four terms annually.
When Ohio was admitted
into the Union, its
judiciary was
reorganized. The
State was divided into
circuits, for each of
which a judge, who had
to be a lawyer in good
standing, was elected by
the General Assembly for
the term of seven years.
Three associate judges
were chosen in each
county by the same body,
and for the same length
of service, who were
intelligent citizens,
usually farmers or
business men, many of
whom, however, knew very
little about law.
The president judge,
with the associates,
composed the court of
common pleas of each
county, and thus this
court remained until the
reorganization of the
judiciary under the
constitution of 1851.
That instrument provided
for the division of the
State into judicial
districts, and each
district into
subdivisions. It
abolished the office of
associate judge, and
directed that in each
subdivision one judge of
the court of common
pleas, who had to be a
resident thereof, should
be elected every five
years by the qualified
electors in said
subdivision, but the
General Assembly
reserved the power to
increase the number of
judges, and change the
territory composing each
subdivision whenever
such a course became
necessary.
Prior to the organization of Hancock County, all of its
judicial business,
excepting that
transacted by its
justices of the peace,
was done at the county
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seat of Wood County, to
which Hancock was
attached until Mar. 1,
1828. Hon.
Ebenezer Lane
was then the president
judge of this circuit,
and the same Legislature
that passed the act
organizing this county
also elected Abraham
Huff, Robert
McKinnis and
Ebenezer Wilson,
associate judges of said
county. The first
meeting of the court of
common pleas of Hancock
County was held, Mar.
14, 1828, in the old log
schoolhouse erected the
previous year, near the
site of the
Indianapolis,
Bloomington & Western
Railroad depot.
The three associates
were present and
composed the court, its
only business being the
appointment of Wilson
Vance as clerk
pro tem, of said
court.
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271 -
H. Godman, of
Marion; Curtis Bates,
of Maumee City and
Defiance; Able Rawson,
of Tiffin; and John
M. May, of Mansfield
and Maumee City.
Most of the attorneys
attended court at
Findlay before the
village possessed a
single memmber of the
profession, and for
years afterward some of
them were retained in
nearly every important
case. Those early
practitioners were
generally men of marked
ability in their
profession, and belonged
to that sound and
thorough class of
thinkers who have done
so much to build up the
jurisprudence of the
State, and who, by
reason of the limited
facilities afforded by
reports and precedents,
were compelled to search
out by their own
thinking and
investigation the true
principles of the law.
In the course of time,
as the county advanced
in population and
wealth, the local
practice of these
itinerants fell into the
possession of the few
resident attorneys who
had located in Findlay,
and the visits of the
circuit-riding lawyers
became less frequent, as
they only appeared
occasionally in some
important lawsuit.
As the race of hardy, adventurous, circuit-riding
lawyers who organized
the courts of
Northwestern Ohio have
passed away forever, it
may be interesting to
the younger members of
the bar to contrast the
hardships and perils of
the past with the ease
and secimty of the
present.
Fifty-five years ago
Judge David Higgins
held his first term of
court in Findlay.
Rain fell in torrents
for several successive
days. The
bridgeless streams
swelled over their
banks, and it became
impossible to proceed
overland to Defiance to
hold court at the
appointed time.
But the indomitable
Judge Higgins,
and the hard-headed old
stagers who traveled his
judicial district, were
equal to the occasion.
They hired a man to take
their horses through the
Black Swamp to
Perrysburg, purchased a
pirogue, which they
appropriately named the
''Jurisprudence,''
freighted it with their
saddles, bridles and
baggage, and floated
down the Blanchard and
Auglaize Rivers to
Defiance, where they
held the term, then
re-embarked and floated
down the Maumee to
Perrysburg. From
an account of the trip
written by Judge
Higgins in 1872,
for Knapp's
"History of the Maumee
Valley," we take the
following extract: "Our
company consisted of
Rodolphus
Dickinson, John
C. Spink, Count
Coffinberry, myself
and a countryman whose
name I forget. The
voyage was a dismal one
to Defiance, through an
unsettled wilderness of
some sixty miles. Its
loneliness was only
broken by the
intervening Indian
settlement at Ottawa
village, where we were
hailed and cheered
lustily by the Tawa
Indians, as would be a
foreign warship in the
port of New York.
From Defiance we
descended the Maumee to
Perrysburg, where we
found all well. In
descending the Maumee,
we came near running
into the rapids, where
we should probably have
been swamped had we not
been hailed from the
shore and warned of our
danger.
In a letter to the writer, Hon. James M. Coffinberry,
of Cleveland, gives the
following reminiscences
of pioneer law practice
in Northwestern Ohio:
"In May, 1840," says
Judge Coffinberry,
"Judge Potter
held his first term for
Putnam County. The
Judge, with two or three
lawyers, came into
Kalida, the then county
seat, from Defiance,
where he had been
holding court. One
or two lawyers came over
from Lima and two from
Findlay. One of
the Findlay attorneys,
John H. Morrisson,
a slender, one-armed
man, combining the
physical strength of a
girl with the energy of
a buzz-saw, was mounted
on an unbroken
three-year-old colt,
having left his own
horse disabled by the
way. The other,
Edson Goit,
put in an ap-
Page
272 -
pearance on foot,
carrying his saddle on
his shoulders, his horse
having broken a leg in a
floating corduroy bridge
near the village.
Every man had been
compelled to swim one or
more streams to reach
the county seat, and all
were thoroughly
saturated with water and
covered with mud.
The only hotel - a good
one for the time and
place - was adequate for
the accommodation of all
who came. His
honor, with three of the
brethren of his choice,
had one little room to
themselves. The
rest of us lawyers,
grand and petit jurors,
suitors, witnesses and
spectators, slept well
on the rude beds which
covered the floors.
The table groaned with
its weight of wild
turkey, venison, mutton,
fish, wild honey and
butter. Everybody
washed in what was
called 'the county
wash-bowl,' and dried on
the 'county towel.
'A barrel of new corn
whisky on tap stood
invitingly in one corner
of the dining-room, with
a tin cup under the
faucet, so that
whosoever would could
drink without money and
without price. And
yet complaints were made
of the exorbitant charge
of $1 per day for all
this luxury, the care
and feed of our horses
included."
EDSON GOIT was
the first resident
lawyer of Findlay.
He was a native of
Oswego Co., N. Y., born
Oct. 17, 1808.
When Edson was
quite small his father
died, but, through
improving every
opportunity during his
boyhood years, he
managed to obtain a fair
education, and taught
school ere reaching his
majority. In 1827
he left his early home
and traveled across Ohio
until arriving at the
village of Fremont.
Here he halted, and
subsequently taught
school in Fremont and
Tiffin. During
this period Mr.
Goit read law
under Rodolphus
Dickinson, of
Fremont, and Abel
Rawson,of Tiffin,
and July 12, 1832, was
admitted to practice.
Learning that Findlay,
the then new county seat
of Hancock County, had
no lawyer, he at once
concluded to cast his
fortunes with that
village. Traveling
on foot from Tiffin, he
reached Findlay on the
third day of his
journey, and went to
reside in the home of
Dr. L. Q. Rawson, a
practicing physician of
the village. This
was in August, 1832, and
in September he was
appointed prosecuting
attorney, which position
he held until May, 1836.
The office of
prosecutor, however,
paid a very small salary
during this period of
the county's history,
and for several months
after settling in
Findlay, Mr.
Goit patiently
waited for clients that
never came.
Discouraged at the poor
outlook he at last made
up his mind to leave the
town, but ere carrying
out his intention the
tide turned, he was
engaged to teach a
school, and was thus
guaranteed sufficient to
pay his board.
Clients soon began to
consult him, hope took
the place of
despondency, and he gave
up the idea of leaving
Findlay. While
boarding at the tavern
of William
Taylor, in 1835, he
married Miss
Jane Patterson,
a sister of Mrs.
Taylor, with whom
she was living. In
May, 1836, Mr.
Goit was appointed
auditor, vice John C.
Shannon, deceased,
and served till March,
1837. In April,
1837, he was again
appointed prosecuting
attorney, but resigned
the office in October,
1838. The same
month he was elected
treasurer, and filled
that office two
successive terms.
He was now on the high
road to prosperity, and
besides attending to the
duties of his profession
launched out boldly into
other pursuits. He
accumulated a large
amount of land, and
engaged extensively in
mercantile business in
Hancock, Allen and
Putnam Counties.
He, however, got "too
many irons in the fire;"
his business was too
complex for judicious
management, and his
large landed interests
finally became an
incumbrance and proved
his financial downfall.
From January, 1858, to
January, 1862,
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273 -
J. M.
COFFINBERRY
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274 - BLANK PAGE
Page
275 -
ARNOLD F. MERRIAM
JOHN H. MORRISON, the next
resident lawyer, is one of the best, known members of the
pioneer bar. He was born in Uniontown, Penn., in 1802, but
removed when quite young, to Perry County, Ohio, where at the
age of fifteen he lost his right arm by an accident. Young
Morrison received a good common school education, read
law in the office of Philemon Beecher, of Lancaster, Ohio, began
practice in Bucyrus, and afterward filled the offices of
prosecuting attorney and treasurer of Crawford County. In
the fall of 1836 he located in Findlay, and soon became well
known throughout Northwestern Ohio. Mr. Morrison
was talented, blunt and fearless to a remarkable degree,
possessed untiring energy, and was an indefatigable worker in
the interests of his clients. He was a very eccentric, and
many amusing anecdotes are told by the older members of the bar
to illustrate
Page
276 -
his marked peculiarities. Judge M. C.
Whiteley says that during a certain term of court held by
Judge Goode, at Findlay, Mr. Morrison had a case in
which he manifested much interest, and after the evidence had
closed he felt that the cause of his client was lost.
Feeling somewhat irritated, he began his address to the court
and jury in the following blunt manner: "May it please the
court; by the perjury of witnesses, the ignorance of the jury
and the corruption of the court, I expect to be beaten in this
case." The Judge, very much surprised, turned to the
counsel and sharply inquired: "What is that you say,
Mr. Morrison?" Then the latter promptly replied,
"That's all I have to say on that point," and went on with his
address. At another time, says the same authority, one of
the clients made application to the court for a license, and
Judge Goode announced that the application was refused.
Considerably excited Mr. Morrison arose and addressed the
associates as follows: "Judge Ewing, is that your
decision?" "Yes," "Judge Roller, do you concur in
that decision?" "Yes." He was about putting the same
question to Judge Hammond, when Judge Goode, very
much surprised at the proceeding said, "Mr. Morrison,
what are you about? What are you doing?" "Why, I'm
polling the court, your honor." Mr. Morrison was
married in Perry County, Ohio to a Miss Henthorn who died
in Bucyrus without issue. He after married Miss Nancy
Williams, who reared a family of five children, four of whom
with the mother are residents of Findlay. He died April
19, 1854, but he is as vividly remembered by the old members of
the profession as if his death occurred only a year ago instead
of thirty-two.
JACOB BARND
JUDE HALL
HON. CHARLES W.
O'NEAL
Page
277 -
ABEL F. PARKER
EZRA BROWN
ELIJAH WILLIAMS
Page
278 -
HON. MACHIAS C.
WHITELEY
WILLIAM M. PATTERSON
HON. JAMES M.
COFFINBERRY
Page
279 -
CHARLES S. COFFINBERRY
AARON H. BIGELOW
Page
280 -
JOHN E. ROSETTE
HENRY BROWN
WILLIAM GRIBBEN
Page
281 -
In 1851, PHILIP
G. GALPIN came to
AARON BLACKFORD is
one of the oldest and
most prominent members
of the Hancock County
bar, to which he has
beloned for about
thirty-four years.
He was born in
Columbiana County, Ohio,
Feb. 8, 1827, and
removed to Findlay with
his parents, Price
and Abigail Blackford,
in October, 1834.
He received his
education in the public
schools of Findlay and
at Delaware College,
Delaware, Ohio. He
road law with Henry
Brown, of Findlay,
attended the Cincinnati
Law School, and was
admitted to the bar in
May, 1852. In January,
1851, he became
associated with Henry
Brown in the
publication of the
Hancock Courier, which
they jointly edited till
January, 1854, when
Mr. Blackford
became sole editor.
He conducted the paper
about one year, and then
disposed of his interest
to his former partner.
During this period Mr.
Blackford also
practiced law, and with
the passing years has
attained considerable
local eminence in his
profession. He is
well known throughout
this portion of the
State, and his practice
has kept pace with the
growth in wealth and
population of his
adopted county.
Andrew, familiarly known as "Count" Coffinberry,
was conspicuous among
the old time lawyers of
the Maumee Valley, and
though not a resident of
Findlay until a few
years prior to his
death, he practiced at
this bar before the
county possessed a
single attorney.
He was born at
Martinsburg, Berkley
Co., Va., Aug. 20, 1788,
where his grandparents
had emigrated from
Germany in 1750.
In 1794 his father,
George L. Coffinberry,
a Revolutionary patriot,
removed with his family
to Ohio County, Va., and
in 1796 to Chillicothe,
Ohio. In 1807 the
family settled at
Lancaster, Ohio, where
the father established a
newspaper - the first
published in that town.
Andrew worked in
the office, and
subsequently, in
partnership with John
C. and James M.
Gilkinson, succeeded
his father in its
publication, first at
Lancaster and afterward
at St. Clairsville.
Finding the business not
very remunerative,
Andrew went to
Philadelphia and worked
in a newspaper office
and on a press formerly
owned and conducted by
Benjamin Franklin.
From there he shipped on
the United States
frigate "Constitution,"
commanded by Capt.
Isaac Hull.
After a naval service of
two years he joined his
parents, who had removed
to the then embryo
village of Mansfield,
Ohio.
Page
282
It is said he used to
read the one weekly
paper which came to
Mansfield as early as
1811, from a big log on
the public square to the
assembled citizens of
the village. He
read law in the office
of John M. May,
of Mansfield, and was
admitted to practice in
1813. Mr.
Coffinberry was the
first law student, the
first justice of the
peace and the second
lawyer in Mansfield, and
one of the earliest, if
not the first, common
pleas clerk of Richland
County. Though
residing at Mansfield
his practice extended to
the western boundary of
the State. We find
him in Findlay as early
as 1831, and he may have
been here prior to that
date. In the
spring of 1836 he
removed with his family
to Perrysburg, Wood
County, where he resided
till 1849-50. From
Perrysburg he removed to
Sidney, Shelby co.,
Ohio; there he left his
family and went to
California. Upon
the death of his wife,
which occurred during
his absence, his son
James M. brought the
family to Findlay, where
their father joined them
on his return from
California. Here
he continued in practice
until his death,
May 11, 1856.
Count Coffinberry
was not only a lawyer of
ability, but possessed
considerable literary
talent and gave some
attention to the Muses.
"The Forest Rangers," a
descriptive poem on the
battle of Fallen
Timbers, is yet well
remembered as one of his
productions. "He
was," says a recent
biographer, "a man of
rare endowments and
marked characteristics,
widely known and greatly
esteemed for his pure
and upright life, while
his quaint wit and
genial manners gave him
ready access to the
hearts of all classes.
He was called the 'Good
Count
Coffinberry' by the
younger members of the
profession (all of whom
if living are now past
middle life), in
grateful recognition of
services rendered and
courtesies shown them
when they most needed
direction and
encouragement from such
veterans of the bar.
His sobriquet of 'Count'
was first playfully
given him by his
professional associates,
from some real or
supposed resemblance to
the illustrious German
jurist and publicist
Count Puffendorf.
The title was recognized
as being so appropriate
to the man that it stuck
to him for life, and
thousands of those who
knew him long and well
never learned that it
was not his real name.
Hon. WILLIAM
MUNGEN is a native
of Baltimore, Md., born
May 12, 1821, and
removed to Carroll
County, Ohio, in 1830.
Here he received a
common school education
and subsequently studied
Latin, German and the
physical sciences.
He came to Findlay in
October, 1842; in
February 1845, took
possession of the old
Hancock Farmer and
changed the name to the
Hancock Democrat, and on
the 1st of July, 1845,
became the editor and
proprietor of the
Hancock Courier,
consolidating the two
papers. Excepting
one year that the office
was rented to William
M. Case and a short
period to B. F.
Rosenberg, Mr.
Mungen published
the Courier until
January, 1851, when he
sold the establishment
to Henry Brown
and Aaron
Blackford, two
leading members of the
present bar. In
1846 Mr.
Mungen was elected
auditor of Hancock
County and re-elected in
1848. In
1851 he was chosen to
represent this district
in the State Senate and
declined a
re-nomination, which was
then equal to election.
In the meantime he had
been reading law during
his spare moments, and
in 1852 was admitted to
the bar and began
practice. When the
Rebellion broke out in
1861, Mr. Mungen
was foremost in
recruiting the
Fifty-seventh Ohio
Volunteer Infantry, and
was commissioned colonel
of that gallant
regiment, which he
commanded until April,
1863, when he resigned
his commission.
Col. Mungen served
as a Democrat two terms
in Congress, from 1867
to 1871, and in
recognition of
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A. HURD,
M. D.
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284 - BLANK PAGE
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285 -
his services in the army
is now receiving a
pension. During
the active period of his
career Col Mungen
was recognized as a
clear, forcible and
logical writer, a fair
lawyer and a shrewd
politician. When
not engaged in the
duties of the several
public offices he has
filled, Col. Mungen
devoted his attention to
his profession, in which
he was quite successful.
JOHN F. CAPLES
DANIEL B. BEARDSLEY
WILLIAM C. BUNTS
Hon. JOHN M. PALMER
Page
286 -
COL. JAMES A. BOPE,
A few other lawyers,
besides those mentioned,
practiced for a brief
period in Findlay prior
to 1860. Alonzo
Monroe was here as
early as 1847, and after
a few years' limited
practice left the
county. Jacob
Carr was admitted to
the bar in 1848, but
after a couple of years'
trial abandoned the
profession and has since
practiced dentistry.
Charles C. Pomroy
was practicing here in
the spring of 1857, and
in 1858 was elected
mayor of Findlay, but he
soon after removed from
the town. S. F.
Hull's name appears
among the attorneys of
this bar in June, 1856,
but he remained only a
couple of years.
John Maston was a
partner of Judge
Palmer, in June,
1858, and he, too, soon
left the county.
Philip Ford,
who came in October,
1859, and a few other
names might be added to
these, though none of
them staid sufficiently
long to acquire much
practice, or to become
fully identified with
the interests of the
Hancock County bar.
Brief biographies of the principal resident attorneys
of the county who
practiced at this bar
prior to 1860 having now
been given, it only
remains to add the
following alphabetical
list of hte present bar:
William H. Anderson,
Oren A. Ballard, Frank
Ballard, Daniel B.
Beardsley, Jesse C.
Bitler, Aaron Blackford,
Jason Blackford, James
A. Bope, Ezra Brown,
Hemy Brown, Jacob F.
Burket, William L.
Carlin, Ira B. Conine,
Elijah T. Dunn, Alfred
Graber, William Gribben,
John M. Hamlin, John H.
Johnston, Samuel A. Kagy,
Robert Morris, William
Mungen, George F.
Pendleton, James M.
Platt, John Poe, Aaron
B. Shafer, Morgan D.
Shafer, John Sheridan,
Theodore Totten, Machias
C. Whiteley, Willis H.
Whiteley and
Albert Zugschwert.
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