Champaign County, Ohio
Charges against Daniel S. Bell
November Term 1827
Common Pleas Court of Champaign County, Honorable Joseph H. Crane, President and James Smith and William Runkle, Esquires, his associates, as judges 12 November 1827.
J. B. Heylin, James Dunlap, Jr., E. B. Cavalier, E. Baines, Jesse Bayles, James Luse and John Hamilton good and lawful men of the county of Champaign came into court here and gave the court to understand that Daniel S. Bell Esquire, an attorney and counselor at Law in the Judicial courts of the State of Ohio, has been guilty of misconduct in his office as an attorney and counselor at Law and of offending against public justice and good morals.
- Charge that some time in the autumn of 1826 Bell called at the residence of Lemuiel (?) Blue who had been charged with larceny for stealing. Bell told Blue he would be sent to the Penitentiary but Bell assured Blue he could clear him and would do so for twenty five dollars. Blue was to give him a note for that amount. If Bell did not clear Blue, he would return the note and receive nothing. Blue was convinced that he would go to the Penitentiary whether guilty or not. However, no prosecution had in fact, as stated by Bell, been commenced against Blue.
Bell immediately on obtaining the note and before services of any description had been rendered, and in violation of his most solemn agreement, transferred said note to Samuel Miller instructing Miller to immediately commence suit against Blue. The trial before Esq. Markley, Bell employed an attorney to endeavor by all means in his power to obtain a judgment against Blue, although Bell well knew the whole proceeding to have been most oppressive fraudulent and unjust.
In this case, Bell represented to Danny Flowers that he had been employed by Jeremiah Bateman to bring an action of slander against Flowers, but that if Flowers would give him his note for a certain sum, he would not bring suit. Flowers gave the note and yet Bell afterwards brought such suit.
- In this case, by artful representation to the witnesses, whose names are to be found on record in the following case, who had been summoned to testify in the case of the State of Ohio vs Lewis Shroife (?) that they might or would not get their fees, he bought their certificates at a discount and drew the money thereon.
- In exciting one James Thurnton to sue one David Bayles telling him he could recover a large property if suit were brought and that he would prosecute it pr ¼ (?) of all that was recovered and pay all costs.
- That he undertook with one Samuel Sanders to commence and prosecute an action of slander when said Sanders was plaintiff against one Hegekiah Burdick in the court of Common Pleas of Union County on equal risk between them said Sanders and Bell, that if in case of success said Bell was to have half of what should be recovered and in case of failure to pay one half of the costs that might occur.
- In this that he undertook with one_David Day the collection of a certain doubtful claim held by said Day against one John Taylor. He, Bell defraying all costs and changes and reserving a certain portion of the demand in the event of succeeding otherwise nothing.
- In the case of Mason vs Johnston in the Champaign Common Pleas he appeared as the attorney and counselor assisting and supporting him by his advise and advisory and to receive a fee only in the event of recovery by plaintiff.
- In the case of Almon (?) vs Cox he undertook to collect the demand of the plaintiff from the defendant assisting plaintiff by his professional services and to receive compensation only on the success of plaintiff claim.
- He supported one James Rhodes by his counsel and advice and otherwise in the collection of a certain claim against one (no name listed) stipulating to receive one half that might be obtained and to pay for the transcript for that purpose.
All which charges and specifications your complainants are ready to verify, wherefore they pray this Honorable court to deprive the aforesaid Daniel S. Bell attorney and counselor at law and to make such other order in the premises as to your Honors may seem right and proper.
Whereupon haring the evidence in support of the charges filed and the defendant Daniel S. Bell, the court find that Daniel S. Bell is guilty of misconduct in office as an attorney and counselor at law and to therefore order and adjudge that he is hereby suspended from further practicing as an attorney and counselor in the court of Common Pleas of Champaign County and it is further ordered and adjudged that Daniel s. Bell pay the costs of this prosecution amounting to forty five dollars and forty seven and one half cents.
And the said Daniel S. Bell now here in open court gives notice of his intention to appeal from the order and judgment aforesaid to the Supreme Court of the state of Ohio.
Record Book 9, Page 449
[Abstracted by Pat Stickley, pub. in Champaign County Genealogical Society Newsletter; transcribed here by G.T. Transcription Team]
Arthur O' Harra and Maximilla his wife, William Miller and Christiana his wife, William Stewart and Elizabeth his wife, William Crain and Sally his wife, George Fisher, Jacob Fisher, Milton Fisher, Elizabeth Dille and Ezekiel Petty.
William Snodgrass and Sarah his wife, George Fisher and Mary Ann his wife, of Virginia, which said Sarah and Mary Ann are children of Eunice Harness, deceased, formerly Eunice Petty.
Also, ----- Bartly and Catharine his wife, William M. Kenton and Mary Ann his wife, George McCulloch, Van McCulloch, Solomon McCulloch, William McCulloch, of Indiana, and Colin McDonald and Nancy his wife, of Champaign County, OH; which said Catharine, Mary Ann, George, Van Solomon, William and Nancy are the children of Jemima McCulloch, deceased, formerly Jemima Petty.
Also, Richard Chaney and Mary Ann his wife, Absolom Petty and Solomon Petty, of Missouri; Fisher Petty, of Illinois; Jethro Petty and Joseph Petty, of Illinois, children of Joseph Petty deceased; the unknown children of Elisha Petty, deceased; Bonaparte Petty, of Pickaway County, OH and Anthony Hall, child of Eunice Hall, deceased, which Mary Ann, Absolom, Solomon, Fisher, Joseph, Elisha and Eunice are and were the children of Ebenezer Petty, deceased.
Also, the unknown children of Adam Fisher, deceased, ----- Hayden and Eunice his wife, George Fisher, ----- Hayden and Parthena his wife, -----Hayden and Salina his wife, Adam Mace and Maximilla his wife, William Fisher, John Fisher, Solomon Fisher and Emerilla Fisher, of Missouri; which said Adam, Eunice, George, Parthena, Salina, Maximilla, William, John, Solomon and Emerilla are the children of Mary Ann Fisher, deceased who was Mary Ann Petty.
Also, Lewis Fisher, Comfort Fisher, David Fisher, Joseph Fisher, John Fisher, Mary M. Fisher, Benjamin Fisher, and Cyrus Fisher, children of Joseph Fisher, deceased, who was a child of Sarah Fisher, deceased who was Sarah Petty.
Also, John Fisher and Elizabeth his wife, of Pickaway County, OH; William H. Fyffe and Maximilla his wife, of Champaign County, OH.
The petitioners filed in the Common Pleas of Champaign County, OH, their petition against the above named Defendants, stating the death of George Petty, late of Champaign County, OH, intestate, without wife or children and that the above named persons and petitioners are his legal heirs; that he died seized in fee simple of a farm on which he lived in Champaign County, containing 760 acres; and that the share of each of the brothers and sisters and of the family of each deceased brother and sister of George Petty was one ninth of said land.
Prayer for Partition, &c.
The Defendants are notified to appear on the first day of the next term of said court, in said county of Champaign and show cause, if any they have, why the prayer of the shall not be granted.
John H. Young, Attorney for Petitioners
[Abstracted by Pat Stickley, pub. in Apr/May/Jun 1997 Champaign County Genealogical Society Newsletter Page 45; transcribed here by G.T. Transcription Team]