Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1934-12-07

The eighth circuit was composed of
Somerset, Dorchester and Worcester
Counties. Ara Spence, of Worcester
County, was the first Judge elected
for this circuit, and was elected over
Samuel d. Lecompt, Of Dorchester
County, in the fall Of 1851. He had
already served under the constitution
Of 1776 both as Chief Judge Of the
Fourth Circuit, composed of Caroline,
Somerset, Dorchester and Worcester
Counties, and as Associate Judge of
the Court of Appeals.
After a service of about three years
as Judge Of the Fourth Circuit, Judge
Spence resigned and James A. Stewart
of Dorchester County, was appointed
by Governor Lyon to fill the office
until the next general election in 1856.
On the 7th November 1856 Thos. A.
Spence, of Dorchester County "a nep-
hew of Judge Ara Spence) and John
w. Crisfield, of Somerset County,
were the opposing candidates, and the
Dorchester man was elected by the
narrow margin of sixty votes.
Judge Spence was in office with
term not yet finished when the Con-
stitution of 1864 became effective,
but by the provision of that Consti-
tuition some Of the judges then in Of
flee were permitted to serve the re-
mainder Of the term for which elected,
and Judge Spence was one Of that
number so favored.
The counties which were included
in the eighth circuit under the Con-
stitution of 1851 were made the twel-
fth circuit under that of 1864.
Judge Spence's term expiring in
1865, an election was held on the 7th
November of that year, at which
Judge Spence was candidate for
reelection, and was opposed by John
R. Franklin, of Worcester County.
Franklin was returned elected upon
the face Of the returns and was COM
missioned, but Judge Spence contest
ed the election before the Legislature
of 1866, and on the 7th of February
of that year, the Legislature declared
Franklin to be disqualified and not
duly elected, and Spence was declared
to have been duly elected. Judge
Franklin held but one term of court
in each of the counties of the cir
cult, and gave way to Spence in obe-
dience to the declaration. The refusal
of the Legislature to allow Judge
Franklin to reap the fruits of his sue
cess before the people Of his circuit
was not due to any lack of integrity
or capacity on his part, but was caus-
ed altogether by his pre-southern SYM
pathies during the Civil War then
just ended.
Judge Spence remained in office un-
til ousted by the operation of the Con-
stitution of 1867, which was less kind
to him than that of 1864, as the for
mer abbreviated his term by eight
years.
Under the Constitution of 1867, the
State returned to the system Of three
judges for each Circuit, except the
Baltimore City Circuit, the Chief
Judge being by virtue Of his office
an Associate Judge of the Court Of
Appeals.
The first judicial election under the
Constitution of 1867, was held in No.
vember, 1867. James A. Stewart, Of
Dorchester County, was elected Chief
Judge, and John r. Franklin, of Wor-
cester County, and Levin T. H. Irving,
of Somerset County, Associate Judges,
of the First Judicial Circuit, compos-
ed of Somerset, Dorchester, Worcester
Counties and the new County of Wi
comico. These Judges were elected
without any organized opposition.
There was no change in the Bench
of this Circuit until the death of
Judge Franklin, who was succeeded
by Ephraim King Wilson of Worces-
ter, by appointment of Governor Car
roll, on the oath January, 1873.