THE first term of court held in Morgan County began Apr. 5, 1819, in a log cabin situated on lot fifty-one, south Main street, McConnelsville.  The bench of justice was borrowed from a carpenter, and in dimension was ample for the accommodation of the usual number of judges.  It, however, was occupied only by the three associates, the president judge (Hon. Ezra Osborn, of Portsmouth, was the judge of this judicial district) failing to attend.  The lawyers and litigants, occupied a small area in front, while the jury were seated on two benches of less elevation than the judges' seat.  The witnesses and spectators appropriated the residue of the available space, or attended to the adjustment of other matters on the outside.
     The following are the "Minutes of a court of common pleas held in McConnelsville in and for the County of Morgan, State of Ohio:
     "Be it remembered that on this fifth day of April, eighteen hundred and nineteen, and of the State of eighteenth, Williams Rannells, Sherebiah Clark and William B. Young presented commissions from his excellency, Ethan Allen Brown, governor of the State of Ohio, appointing each of them associate judges of he County of Morgan.  Also certificates on their several commissions that they and each of them several commissions that they and each of them had taken the oath of allegiance and office.  Whereupon a court of common pleas was holden for the County of Margran at the court room in the town of McConnelsville, the seat of justice for said county.  Present, Hon. William B. Young* and Sherebiah Clark, associates, and William Rannells, presiding judge.
     "Court adjourned to nine-o'clock tomorrow morning.
                                 'WILLIAM RANNELLS, "Presiding Judge."
     At this term of court Nathan Dearborn, coroner, acted as sheriff.  On the first day, Dr. Samuel A. Barker was appointed clerk, Jude Doland prosecuting attorney, and Timothy Gaylord recorder pro tem.  The first judgment entered by the court was in favor of General Isaac Van Horn, of Zanesville, against John Dodds, for the sum of $114.34 and costs. the term lasted two days.
     At a called court held May 20, 1819, the first letters of administration were granted to Dr. Samuel Martin upon the estate of Thomas Martin deceased.  Thomas Martin was a brother of Dr. Martin, and was drowned in attempting to cross the river a short distance above McConnelsville.
     The second regular term of court began July 5, 1819, in a cabin located on lot 19, in McConnelsville.  Nathan Dearborn, of Windsor Township, was the coroner and acting sheriff.  The following were summoned as the first grand jury of the county:
     William M. Dawes, foreman, Joseph Devereaux, A. Devol, Zadock Dickerson, Sylvanus Newton, Gilbert Olney, Isaac Hedges, Simeon Morgueridge, Samuel Henry, Asa Emerson, Nathaniel Shepard, Rufus P. Stone, Alexander McConnel, Archibald McCollum, and Richard Cheadle.
     The first indictment present by the grand jury was against Enoch Lop0er for assault and battery on James Frisby.  Frisby was afterward a justice of hte peace and a prominent citizen of Bloom Township.  To the indictment Loper pleaded "not guilty," and for the trial the first petit jury was impaneled, viz.:  T. M. Gates, Benjamin Johnson, William Murphy, William Lewis, Micah Adams, Philip Kahler, Benjamin Witham, Elijah Witham, Abraham Hews, John Seaman, Samuel White and B. W. Talbot.
     The jury retired outside of the log court room in charge of a sworn officer, who was duly instructed "not to permit the jury to have anything to eat or drink (water excepted) until they agreed upon a verdict."  They soon agreed, finding Loper** guilty.  He was assessed a fine of $3 and costs.
     The October term of court, 1819, began on the 4th  of the month.  At this term James Reed was the first person naturalized.  He was an Irishman, residing on Duck Creek, now in Noble County.
     The first slander suit in the county was tried at this term - Ezekiel Hyatt vs. Philip Moore.  Moore charged Hyatt with having sworn to a lie on the trial of a case before a justice of hte peace.  The jury who tried the case were Levi Davis, John B. Perry, Phineas Coburn, Simeon Blake, James Whitaker, William Silvey, James Harris, Jared Andrews, Levi Ellis, Levi Deaver, John Shutt and Jonathan Porter.
     The jury found Hyatt guilty, and he was fined $17.  Evidently slander suits were not very profitable at that day.
     At the March term, 1820, the president judge, Hon. E. Osborn, made his first appearance at McConnelsville in his official capacity.  Up to that time the associate judges had managed the judicial affairs of the county.
     Under the first constitution of the State (1802) the court of common pleas was constituted of a president judge and three associates elected by the legislature for a term of seven years.  The president judge was a lawyer and held court in the different counties composing his judicial district.†  The associate judges were citizens of the county, and, with one exception in Morgan County, were not lawyers.  "They were," says Judge Gaylord, "generally honest, substantial gentlemen of sound judgment and good appearance, of fair ability and of general information; without prejudice, hatred, or ill-will toward any one.  In some instances, however, there were failures in all or a part of these important qualifications.  If there should be any such it was set down as a mistake by the judge-makers and patiently borne with, for in those days impeachment was seldom resorted to.  The wags about the court-house and court-room would have their fun at the expense of the honorable judiciary, and occasionally indulged in pretty rough remarks.  They would declare that there were 1,000 judges upon the bench.  .  .  .
to reach this arithmetical conclusion they made the president judge to represent the figure one, and the three associates three ciphers."
     Morgan County is small, both in territory and in population: the people are of a peaceful disposition and averse to litigation, consequently there has never been a large amount of legal business.  Yet the county has had, and still has, a bar of more than average ability.  The record of the lawyers is in general a record of able, honorable men.  Several Morgan County attorneys have distinguished themselves as legislators, jurists and military officers.  In this chapter the writer has sought to include the name of every lawyer of prominence who ever resided in the county, giving biographical sketches wherever such were obtainable.
     At the time the first courts were held in Morgan County there were no resident lawyers in McConnelsville.  The attorneys who attended to the small amount of legal business brought before the courts were chiefly residents of Muskingum, and among them were several men of high standing in the legal profession.  A glance at some of the earliest court journals reveals the names of S. W. Culbertson, General Herrick, Charles B. Goddard, Wyllys Silliman, Appleton Downer, Alexander Harper, Richard Stillwell and John Doland.
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NOTE:
* William B. Young lived within the present limits of Malta Township, Sherebiah Clark in Olive Township, and William Rannells in Brookfield Township, (now) Noble County.
** At the March term, 1820. Loper's name again figured on the records.  He was then indicted for assault and battery of John Hull, and John Hull was indicted for a similar offense against Loper.  Hull pleaded "guilty," and was fined $1.  The case against Loper was nole prosequied.
† At the time of organization Morgan County was in the fourth judicial district, but on February 24, 1820, was placed in the eighth.
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Pg. 254
JOHN DOLAND
HON. JOHN E. HANNA
Pg. 256
JAMES L. GAGE
HON. JAMES MADISON GAYLORD
HON. ELIJAH HAYWARD
Pg. 257
HON. EZRA E. EVANS
MELVIN CLARKE
Pg. 258
HON. ISAAC PARRISH
HON. DANIEL B. LINN
HON. CYDNOR B. TOMPKINS
HON. FREDERICK W. WOOD
Pg. 259
ROYAL T. SPRAGUE
DAVID B. SHIVEL
R. D. HOPPER
WILLIAM W. PYLE
GENERAL FRANCIS BATES POND (portrait)
Pg. 262
HENRY MOORE DAVIS
CAUTIUS C. COVEY
HON. E. M. STANBERY (Portrait)
Pg. 264
VIRTULON RICH
HENRY R. HUGHES
NEWELL CORNER
HON. THOMAS W. TIPTON
HON. LEMEN FOUTS
Pg.  265
HENRY M. DAWES
JOSEPH ARTHUR KELLY
BARCLAY & BERRY
W. T. BASCOM
WM. J. RAMSEY
Pg. 266
JAMES A. ADAIR
A. W. STEWART
JESSE A. IVERS
Pg. 267
WILLIAM B. CREW
JOSHUA T. CREW
BENJAMIN F. POWER
CHARLES A. BAIRD
HIRAM L. JONES
Pg. 268
THOMAS McDERMOTT
FRANK F. METCALF
G. W. BERRY
JESSE R. FOULKE
WILLIAM FOULKE
JAMES W. McELHINEY
Pg. 269
MARION E. DANFORD
THOMAS J. WILLIAMS
FRED W. MOORE
WILLIAM ISAAC HENDERSON
R. W. P. MUSE
JOHN S. TORBERT
JOHN ARTHUR
LOUIS J. WEBER
Pg. 270
E. M. KENNEDY
J. W. ROGERS
CURTIS V. HARRIS
 

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