Marietta daily leader. (Marietta, Ohio) 1895-1906, 1901-04-12


Daniel A. Russell, after twelve years
of highly honorable and efficient SER
vice, has returned to practice.
Except in the Probate Court. of all
the Judges serving here, since Ohio be
came a state cnly two, Arius Nye and
that very able lawyer. the late William
b. Loomis, werc natives of this couu-
try-in this seree Ito the manner
born; and but two others, the late
Samuel S. Knowles and myself, resi-
dents here wnen elevated to the Bench.
However, it should be observed that
Martin D. Ftiiett, who in 1883 was
elected judge of the Supreme Cou t,
of our county, which now numbers for
ty-eight members, includes him as one.
August twenty-third, 1888, the gov
ernor and judges published law "es-
tablishing a court of Probate" one
Judge for which was to be appointed
in each county of the territory. Under
this act, Rufus Putnam, Joseph Gilman
and Paul Fearing were successfully
named for that office in this county
and served therein. the term of the lat
ter continuing until Ohio became a
state.
BY the legal system following the
adoption of our first constitution, all
matters testamentary, or which related
to administrations, went to the Court
of Common Pleas. The Constitution of
1851, however, created a Probate Court
for each county of the State, into
whose jurisdiction they since have
gone. Besides this, that tribunal takes
original cognizance of all cases under
the insolvent laws, and in our own and
some other counties, is given limited
jurisdiction over criminal misdemean-
ors. 1t also, in strict technical sense,
is Court of record, though not of gem
eral jurisdiction, The late Thomas W.
Ewart, afterward leader at this Bar
was the first Probate Judge of Wash
ington county, under the new system.
The first Court House in the county
was erected in 1883, at a cost of about
$1,000. It's upper story was used for
courts, the lower, as a jailors resi-
dence, with a strong log Jail attached.
In 1928, this was superseded by a
brick building, 4SX4S, also with two
stories, which became the nuclens -
what was torn down here, last ie.;;
Soon after we passed the mid-century
period, an addition to that structure,
planned by the late R. E. Harte. a
graduate of Yale, and member of this
Bar, which had something of architec-
tural form and comeliness," was
made; and, in 1876, an enlargement at
the front cor. pleted the building, as it
stood when the work of tearing it away
began. Thus I am brought to this aus
picious day. On behalf, then, of Bar
and Bench, who join in glad acclaim,
let me congratulate the city and coun-
ty upon their action in authorizing and
procuring temple of justice" so suit
able for all ends in view, as this beau
tiful and imposing edifice will be. In
happy accord with the eternal fitness
of things" such an epochal improve
ment falls in with the phenomenal
advance in business, wealth and
general prosperity, which has marked
the last decade of our local life, and
that with increasing volume promises
to stamp it in the years to come. Thus,
the original seat of government and
courts of law and order, in the North
west Territory, not only shows manly
vigor and spirit, in the first years of
the new century; in commodious,
splendid structure wherein the "froz-
en- music" of architecture comes into
impressive harmony with public JUS
tice, by giving to the latter a "locai
habitation," it also allies itself with
centuries yet to come. A finer, more
enduring memorial to the wisdom,
taste, and patriotism of the time will
not be seen, in all the broad extent of
our great and growing state.
In conclusion, let me express the
hope that in this, the oldest county of
the Northwest territory, the spirit of
lawlessness so portentiously prevalent
in many parts of the country, and
which has become dark blot upon it's
fame, may never be permitted TO enter.
l adjure the people to maintain their
respect for law, thus giving it moral
influence-its most potent element in
social order. Further, |
pray that the administration of justice
in our courts may remain free from the
suspicion of improper influences; that
the confidence of the people therein
its most vital support-shall continue;
so that, as in the first Court ever open
ed upon Ohio soil, all undoubtingly can
feel that the judiciary seek to deal out
"even-handed justice to the poor and