LAWRENCE COUNTY
Its Early History as Told by an Old Resident (believed to be the series of T. A. Walton – smk)
No. 3 (Continued from last week.)
Ironton Register, November 27, 1902 (check date – smk)
In 1820, at the commencement of the spring session of Common Pleas Court, held at Burlington, a series of rules were promulgated by the court, Judges Ezra Osborne, John Davidson, William Miller, and Gabriel Kerr presiding, which indicated a high degree of ritualism existed in those days.
Here are three rules for the government of the members of the Bar:
Rule 1. The attorneys and counselors shall never make a motion unless they ask the court if they will hear such and shall always stand in the place appointed to them.
Rule 2. They shall be orderly and treat each other with respect at the bar; shall make no noise, nor contradict no gentleman addressing the court or jury, unless first moving the court to interfere, and if the gentleman thus contradicted talk back, he shall suffer suspension at the hands of the court.
Rule 3. No gentleman shall interfere with the papers of the court or clerk. From a technical standpoint, these rules are not much more stringent than those now governing the local bar, but they were probably enforced to the letter in those days. But the idea of asking leave to interfere in an argument with the court today will cause a smile among all who have listened to the legal repartee and back talk in modern times. But, we presume then, as now, it all depends on the attorney as to whether or not proper respect is accorded to the court and his colleagues.
That the dignity of the court in those days was not allowed to suffer through lack of protection and proper ceremonials may be judged from the following rules for the Sheriff:
Rule 1. The Sheriff shall always sit in the Bar and hand all papers to the court from the Clerk. He shall keep order if any person makes a
noise in the courthouse or elsewhere, to disturb the court, to command silence and if not immediately obeyed, to turn the person out of court, to suppress the noise, otherwise bring the person or persons before the court; neither shall he suffer any person to smoke within the Bar.
Rule 2. To attend the court at their lodgings the first day of the term, without solicitation and walk before them, and also every morning if required.
Rule 3. He opens the court thus: “O, yes! O, yes! The Judges of the Court of Common Pleas for Lawrence County are now sitting, all persons having business to transact will give their attendance, and they shall be heard. God save the State of Ohio and the Honorable Court.” These last words will be used only at the first opening of each term and at the adjournment.
Following are the minutes of the first session of the Lawrence County Commissioners:
Burlington, April 21, 1817. Commissioners of said county met for the first meeting in the said county after being duly organized at the house of Joseph Davidson in the aforesaid town. Present, Joel Bowen, David Spurlock, Joseph Davidson, commissioners. The meeting of the said board, being in the afternoon, ordered that the first business to be acted upon shall be to choose a clerk to said board and notice be given to the candidates to come forward and be examined tomorrow morning, nine o’clock, and the board adjourns till that hour.
The Board Clerk. Tuesday, April 22, 1817. The board and all present under adjournment, and after mature deliberation, it is agreed by the said board to appoint Thomas Kerr clerk pro tem till the annual meeting on the first Monday in June next. Further perseeded [sic] to appoint a county Treasurer, ordered by the Board that Thomas Kerr is appointed treasurer for Lawrence County, and he gives bond as the law directs. Agreed by the said board that the treasurer’s bond is lodged in the hands of Joel Bowen, Esq.”
Rates of Tavern and Ferry Licenses: agreed by the board that Tavern licenses shall be in the county of Lawrence at the rate of six dollars per year till the first Monday of June next. Ordered that ferry license in the county of Lawrence across the different watercourses shall be at the rate of two dollars till the first Monday in June next: and that the prices of transporting be as the law directs: agreed by the said board that there be seven hundred dollars appropriated for to build a jail in the town of Burlington. Board adjourned till nine o’clock tomorrow morning.
Thos. Kerr, Clerk. Wednesday, April 23, 1817. Board met under adjournment and perseeded [sic]that there shall be paid out of the county treasury two dollars for each wolf scalp over six months old and one dollar for each wolf scalp under six months old. Ordered that Joseph Davidson furnish the court of Lawrence county a house for holding court until further preparations are made. Board adjourned till nine o’clock tomorrow
morning.
Thos. Kerr, Clerk. Thursday, April 24, 1817. Board met according to adjournment. Ordered that there be an order _____ to the Director of the town of Burlington for to advance what _________ ________________ his hands to the county treasury of Lawrence county, to _________..
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