The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-07-19
Annual Picnic OF the Lawyers One of the Pleasant
est In the Organizations History.
INTERESTING ADDRESS OF WILLIAM A. LYNCH
He History Stark Bar
the Early to the Present -Starks First
Murder Trial and Execution Eary Practitioners
Who Have Since Become Known to Fame.

I talking about it, but having no history
is it expected l should write one in a
year and give 1t to you in twenty min
utes?
/ am informed, however, that the
thought of the committee was, that
some consecutive and persistent work
should be commenced, looking to fu-
ture history of the bar of the county,
and that Mr. Shields and myself were
expected to break ground upon the ques-
ton.
1t is certainly Of interest to every
generation to know something Of those
who have preceded them. 1t is mainly
this feeling, l imagine, that gives in
tercst to all human history; and it may
be considered duty upon the part of
each generation to put
INTO ENDURING FORM
the history which 1t makes, for the ben
eft of those who come after.
! If it is the purpose Of this association
to take up the work of writing a his
! tory of the bar from the organization
of the county to the present time, it
| is high time that the work be begun,
and it is practically certain that the
history of the earlier years can no
longer be filled in with anything like
completion.
The county was organized in 1909,
and the courts began their sessions
in that year. This territory was en-
braced in the first congressional sur
veys of the territory northwest of the
Ohio, and the first land Office was To-
| Gated at Steubenvills This county
lx.va L,o. To-. T-I, Ii e.
number Of years, and all the early real
estate records were kept in that county
until this county was organized.
remember when an official copy of the
town plat of Canton was obtained from
the records at New Lisbon and spread
upon the records in our recorders
| Office.
Close relations therefore existed be-
tween the early settlers of this county
and Steubenville and New Lisbon, and
when the courts were opened here the
lawyers of those places practiced in
this county. In fact a 5 is we'll known
by the older members of the bar, down
to the days of the railroad, it was the
custom Of the members Of the bar, cer-
tainly of all the leading members, to
RIDE THE CIRCUIT"
which meant that the judges and lead
ing lawyers rode from county town
to county town, the judges holding the
courts and the lawyers trying the
cases.
Upon the court-records for the year
1909, we find the names OF four law
yers, Elderkin Potter, Obediah Jen-
nings, Samson S. King and BENJAMIN
Tappan.
BENJAMIN Tappan afterwards became
judge, and of course all lawyers know
him through his single volume of Tap
pans Reports. remember this report
being cited In the earlier years of my
practice, but / imagine in the great
multiplicity of law books in this mod
EN- day they are seldom referred to-.
Neither of these four gentlemen, so
far as am able to learn, ever resided
in Stark county.
The first lawyer OF this county, OF
whom / have been able to gain any
knowledge, was Roswell M. Mason,
whose name appears as lawyer on the
records in the year Of 1910, and the
records disclose that he was prosecut-
ing attorney of the county In that year,
as such prosecuted the first criminal
| case, that of the state of Ohio VS.. Ben
jamin Miller in the December term
Of 1910 under an indictment for as
sault and battery. The record dis
closes a conclusion In the case, which
has certainly not often been repeated.
Upon the jury returning verdict OF
guilty, the defense demanded a polling
Of the jury, whereupon one of the
jurymen recanted his verdict, and
thereafter they were unable to agree,
and the case was not retired.
In the many years of my practice
! knew of but one instance, in which
| the
POLLING OF A JURY
proved effective. That also was case
against one Miller, who was indicted
for burglary, while was prosecuting
attorney. The present president of the
United States appeared for the defense,
associated with the Hon. George W.
Belden; the late Louis Schaefer was
my colleague. The defense interposed
a plea of former jeopardy. 1t appeared
that Miller had been convicted in the
probate court for larceny in the build
ing, in respect to which the burglary
was alleged. and that after breaking
into the building he stole the property
which was the subject Of the former
conviction. Although the court held
strongly with the state that there were
two offenses II proven, the jury re-
turned a verdict for the prisoner.
demanded a polling Of the jury, upon
which one of the 1urymen "ecanted
his verdict, and upon being sent oui
again they disagreed. i know Of nc
other instance in which the polling oi
jury proved effective.
Recurring to Mr.. Mason, learned
many years ago In the examination Of
some land titles. that he was real
estate owner here, and once owned
and am informed, resided on what II
now known as the Jacob Miller prop
erty on West Tuscarawas street.
1t would seem that legal practice a