First Generation


1. Charles Carroll LEONARD was born on 12 November 1819 in Massachusetts. He died in July 1869 at the age of 49. The original Charles Carroll was a rich Catholic Maryland landowner, politician, patriot, and last surviving signer of the Declaration of Independence. There was also a Charles Carroll living in Groveland, Livingston Co., NY in 1820 and 1830. Whether Charles Carroll Leonard was named after either of these is unknown.

A Charles Carroll Leonard was listed in the June 30, 1838 Seamans Protection Registry in Newport, RI.

From John Leonard, a descendant, who has researched Charles Carroll Leonard thoroughly:

Charles Leonard - The Complete Enumeration 1750-1850
1.1 Charles Carroll LEONARD (? MA b:1819 -> Sangamon County IL c:1842 -> Coshocton OH 1847?-1862? -> Havanna IL c:1862 -> Havanna IL d:1869)
Charles Carroll LEONARD was born November 12, 1819 in Massachusetts. He died July 9, 1869. He married Mary Ann OTT April 9, 1842 in Sangamon County, Illinois. She was born March 15, 1821 in Bradford County PA, to Daniel and Elizabeth OTT.

1.1.1 Children of Charles LEONARD and Mary Ann OTT were:
i) Florence Elizabeth LEONARD, b. February 10, 1847; m. Charles L. TRAVELUTE.
ii) Edward (Eddie or Edwin?) F. LEONARD, b. 1849, d. February 25, 1854.
iii) Robert Bruce LEONARD, b. October 1, 1850, Newcastle, OH; m. Emma Alice MARTZ, February 13, 1879, Pekin, IL.
iv) Edward Florin LEONARD, b. December 29, 1855, Newcastle OH, m: Carrie Emeline ESTEP
v) Charles Carroll LEONARD, b. 1864. m: (1)Carrie ENGEL, (2)Helen LEACH, (3)Lillian Dale LEACH
1.1.2 Notes on Charles Carroll LEONARD
Charles Carroll LEONARD is a somewhat tragic and little-documented member of the the Massachusetts Leonards. The arc of his life was short and possibly troubled, running away at an early age, later becoming a teacher, attorney and establishing a family before being killed in a railroad accident at age 49. Charles Carroll is also the one who brought this branch of the Leonard family into the midwest.

i) Early life (1819-1830)
Charles Carroll LEONARD was born November 12, 1819 in Massachusetts[1.1.12]. The Massachusetts birthplace is perhaps the most consistent piece of information appearing in census and historical records, and family recollections. His birthdate reported in the Edward F. LEONARD bio[1.1.12] has never been found in any other independent records. Curiously there is also no mention of his parents or siblings. In two different sources, he is reported to have run away as early as age 11 (1831)[1.1.10] or age 17 (1837)[1.1.14] to 'make his own way'. The latter account says that he left his home in New York at this time, and went to Nova Scotia. This may suggest there was some problem with his home life and early childhood.

ii) Unknown travels (1830-1841)
Nothing is known about Charles Carroll's life during his teenage years. One possible lead is the record of Charles C. LEONARD obtaining a maritime protection certificate in Newport, RI on June 30, 1838[1.1.19]. This certificate allows the recipient to work on a ship. In this registry, the recipient is listed as age 17 (1820 or 1821), with birthplace Raynham, MA. Another possible lead is the statement in the Frances LEONARD document[1.1.14] that mentions someone who was as Civil Engineer and surveyed land and travels through OH, IN, IL. The Bob Leonard document[1.1.17] (which draws from different sources) links this to Charles' father but there is at this time no supporting evidence.

iii) Marriage in Illinois (1841-1846)
Charles Carroll LEONARD reappears in central Illinois in 1842 at age 21, when he married Mary Ann OTT. She was the daughter of farmers Daniel and Elizabeth OTT, who had been located in the Havana, IL area since 1839[1.1.12]. Charles Carroll LEONARD and Mary Ann OTT were married April 9, 1842[1.1.12][1.1.3][1.1.4], in Sangamon County, IL. This region of Illinois had recently opened up with the construction of the Illinois River canal, and towns such as Havana (Mason County) and Pekin (Tazewell County) were engaged in a booming period of development. Charles' appearance in this site is consistent with being involved in shipping and commerce, and is also consistent with an occupation as surveyor.

In the first 5 years of their marriage, little is known until they emerge 400 miles east in Coshocton County, OH in 1850[1.1.5]. The Ohio birth of their daughter Florence in February 1847 suggests they moved to Ohio soon after the marriage. One account[1.1.13] states that he taught school as a stepping stone into the legal profession, while another[1.1.14] also describes him as a school teacher. In 1845, a mathematics textbook was published in Columbus OH, by a an author 'C. C. Leonard'. In the preface[1.1.18] the author describes himself as having taught mathematics for a few years. It is an arithmetic book consisting of word problems relating to commerce and engineering, as well as references to shipping, so given the timeframe and proximity of Columbus to Coshocton, it is possible that he is the author.

iv) Family life in Ohio (1847-1862)
Charles and family were living in New Castle Township, a rural area about 15 miles east of the town of Coshocton, OH by the 1850 census[1.1.5], where he was listed as an attorney. Advertisements for his practice in 1854[1.1.7] and 1857 through 1860[1.1.8] appear in the Coshocton newspaper "The Progressive Age". In the latter ad, his office is located south of the Coshocton public square and he is partnered with B.J. BRICE, who was most likely a recent graduate from nearby Kenyon College[8.3]. A Coshocton County history from 1876[1.1.11] states that he was also in partnership with J.D. NICHOLAS in 1855, but as other dates are off, this could have been sometime later in the 1850's or early 1860's. Finally, a 1909 history of Coshocton County reports that Ebenezer Z. HAYS worked under Charles Carroll in the late 1850's and describes a case argued a case before the Coshocton common pleas court in February 1859. From these records it appears that the family probably moved into Coshocton around 1854, where he then practiced and employed a series of recent graduates (or student interns) during this time.

Charles Carroll LEONARD was associated with the Republican party, and unsuccessfully ran for nomination as the party candidate for Coshocton County probate judge in the elections of 1860. During this campaign he ran an ad in the Progressive Age relating to his campaign[1.1.9] and he made at least one public appearance in June 1860 in nearby Roscoe[1.1.10]. A report[1.1.11] describes him as 'looking wishfully' for his colleagues to nominate him.

Charles Carroll LEONARD and Mary Ann OTT had three children in the period 1847-1862. They were Florence Elizabeth (1847), Robert Bruce (1850), Edwin F. (who died as an infant 1854), and Edward Florin (1855). Charles was apparently a ventriloquist[1.1.14] and in 1860 they won first premium for Guinea Pigs entered in the Coshocton County Fair[1.1.9].

The early 1860's were disruptive in communities such as Coshocton, with much political controversy, military recruitment, and organization of local volunteer militias. Many young men, such as his friends E.Z. HAYS and J.D. NICHOLAS appear to have entered the military during these years. Although there is no evidence that Charles was involved in the war effort, political/militia meetings were held in various offices of Coshocton attorneys. The last trace of Charles in Coshocton is his involvement in a Sheriff's Auction of real estate in August 1864[1.1.13]

v) Return to Illinois and death (1862-1869)
The family reportedly moved to Illinois, first to Oak Hill, Peoria County[1.1.13] and then to Havana, Mason County. Their fifth child, Charles Carroll LEONARD was born here in 1864, and in July their eldest daughther Florence Elizabeth LEONARD married Charles TRAVELUTE, from a reportedly well-to-do family in the Havanna area living near Daniel OTT. Although Charles is reported to have practiced law in Oak Hill[1.1.13], and possibly with H. FULLERTON in Havana there is currently no primary-source evidence found to support this. Charles Carroll LEONARD was reported killed in a railroad accident[1.1.10][1.1.17][1.1.11] around this time by most sources, but what is not clear is if it were a suicide or merely an accident. Railroad deaths were common in these times, mostly a result of drunkenness on the tracks, equipment failures, but also occasionally were suicides. Detailed accounts were often distributed by telegraph news services and appeared in many regional newspapers, but no record of Charles' death has been found, nor has a burial site. It is not known if he died in the Havana area or somewhere else, as it has been said he liked to travel extensively. The date of death is also likely 1869 on July 9, 14, or 18.

vi) Descendants and legacy (post 1870)
In the 1870 census[7.2.2], Mary is widowed and living in the house of her father Daniel OTT along with the 3 boys. Edward and Robert took on varous laborer jobs locally around this time, and later both attended college. Over the next decade Daniel OTT died, the children grew up and went separate ways, eventually locating in Iowa, Nebraska and North Dakota. Mary reportedly lived in Iowa with Florence, then moved to Wayne County, Nebraska with Robert's family in 1892[1.1.17], where she died in 1903[7.2.4]. Charles Carroll LEONARD's life and history appears to have been largely forgotten by his descendants, perhaps due to the nature of his demise. There remains hope that someday his parents will be identified, but it is also noteworthy that while Charles and Mary were closely linked to the OTTS throughout 1840-1860's, none of the current sources mention LEONARD parents or ever list elderly LEONARDS nearby. This reinforces the view that Charles Carroll LEONARD was without living parents for some time, or possibly had things in his past that were kept private, perhaps even from his children.

1.1.3 Illinois Marriages to 1850
Spouse 1: Leonard, C. C.

Spouse 2: Ott, Mary

Marriage Date: 09 Apr 1842

Marriage Location: Illinois, Sangamon County

Source Information:

Dodd, Jordan. Illinois Marriages to 1850 [database on-line]. Provo, UT, USA: The Generations Network, Inc., 1997. Original data: Electronic transcription of marriage records held by the individual counties in Illinois.

1.1.4 Illinois marriages
http://www.ilsos.gov/GenealogyMWeb/MarriageSearchServlet

Groom Bride Date Vol./Page License No. County

LEONARD, C C OTT, MARY 04/09/1842 / SANGAMON

1.1.5 1850 United States Federal Census 5192
about C C Leonard

Name: C C Leonard

Age: 33

Estimated birth year: abt 1817

Birth Place: Massachusetts

Gender: Male

Home in 1850

(City,County,State): New Castle, Coshocton, Ohio

NAME AGE OCCUPATION REALESTATE BIRTHPLACE

C.C. Leonard 33 M Attorney MA

Mary Leonard 25 F OH

Elizabeth Leonard 3 F OH

Edward Leonard 11/12 M OH

1.1.6 1860 United States Federal Census
about Chas C Leonard

Name: Chas C Leonard

Age in 1860: 41

Birth Year: abt 1819

Birthplace: Massachusetts

Home in 1860: Coshocton, Coshocton, Ohio

Gender: Male

Post Office: Coshocton

Value of real estate: View image

Household Members:

Name Age

Chas C Leonard 41

Mary Leonard 37

Florence Leonard 13

Bruce Leonard 9

Edward Leonard 5

1.1.7 Newspaper Advertisement
Burton, R.V. editor, "The Progressive Age", (newspaper ad), Sept. 13, 1854.

"Attorney at law and Solicitor, Counsellor of Law. Solicitor in Chauncey, Newcastle, Coshocton County, Ohio. Will promptly attend to all business of a legal character which may be entrusted to his care"

1.1.8 Newspaper Advertisement
TITLE: The Progressive & Coshocton Local Record (newspaper)

DATE: This ad appears from Feb 25, 1857 thru June 20, 1860 (at least)

LOCATION: Coshocton Public Library, Coshocton, OH

NOTES: Photocopied 12-13-03, J.P. Leonard

1.1.9 Newspaper Advertisement
The Progressive Age, May 30, 1860, Coshocton OH

Mr. Editor:-- Please announce the name of Charles C. Leonard as a suitable candidate for Probate Judge, at the ensuing fall election, subject to the decision of the Republican county convention. Many Voters.

1.1.10 Newspaper Advertisement
The Progressive Age, June 6, 1860, Coshocton OH

Mr. Editor:-- Please announce the name of Charles C. Leonard as a suitable candidate for Probate Judge, at the ensuing fall election, subject to the decision of the Republican county convention. Many Voters.

Temperance Lecture.-At the solicitation of the Friends of Temperanec of Roscoe, Mr. C. C. Leonard will deliver a lecture at the Methodist Episcopal Church in that place, on Thursday evening, June 14th.

1.1.11 Newspaper Article
Coshocton County Democrat, June 13, 1860

Republican Convention - A Stupendous Fizzle!

...This was a beautiful position for that party to occupy, and Esq. Tidball saw it, and putting on his hat, refused to be a candidate, and left the convention.-Samuel Hutchinson also put his hat on and left, saying, "If I was a candidate, I'll be d-d if I would'nt decline too!"

The convention looked blank; and a mournful silence prevailed. Joe Dwyer then moved to proceed to nominate a candidate for prosecutor. Ad Williams wouldn't serve neither would Lee or Nicholas. Leonard sat by looking wishfully for it, but nobody wanted him. Finally, young Duncan, a very clever lawyer recently from Millersburg, was nominated, slighting John B. Tiball badly!

With long faces, the convention then adjourned.

1.1.12 Newspaper Record
Coshocton County Democrat, October 24, 1860

CoshoctonDemocrat_10-24-1860.pdf

AGRICULTURAL

List of Premiums

Awarded at the 10th annual Fair of the Coshocton County Agricultural Society, held on the Society's grounds at Coshocton, the 10th. 11th. and 12th. Days of October 1860.

Class 31 - Discretionary

Guinea Pig 1st peremium C C Leonard 50c

1.1.13 Newspaper Record
Coshocton Democrat, July 27, 1864

Sheriff's Sale

C C Leonard vs. Daniel C. Harris

The State of Ohio, Coshocton County. By virtue of an execution issued out of the Court of Common Pleas of Coshocton County, Ohio, and to me directed, I will offer for sale at public auction, to the highest bidder, at the front door of the Court-house, in the town of Coshocton, on Saturday the 8?th day of August, 1864 between the hours of ten o'clock, A.M. and four o'clock P.M. of said day, the following described reale estate ...

John Hesket, Sheriff, July 6, 1864

1.1.14 Boston Evening Transcript
Vol. 103, Aug. 4, 1930, Genealogical Column

Entry 481:

(481.) LEONARD, Charles Carroll Leonard was born in Massachusetts, Nov. 12, 1819. He ran away from home when eleven years old. He married Miss Ott in Pennsylvania or Ohio, April 9, 1842. He was killed in a railway accident July 9, 1869. Would appreciate any information concerning the family to which he belongs. A.M.H.

University of Michigan, Location: Buhr Shelving Facility

Location University of Michigan, Hatcher Graduate - Serials and Microforms - 2nd floor S | FILM X1081

Call Number: AN23 .B7 B65

Description 112 v.

Frequency Daily

Numbering v. 1-112, no. 101; July 24, 1830-Apr. 30, 1941.

Other titles Daily evening transcript 1830-50

Godfrey Memorial Library, comp.. American Genealogical-Biographical Index (AGBI) [database on-line]. Provo, UT, USA: The Generations Network, Inc., 1999. Original data: Godfrey Memorial Library. American Genealogical-Biographical Index. Middletown, CT, USA: Godfrey Memorial Library.

Note: The dates appear to follow from the Edward F. Leonard bio.

1.1.15 County History - Coshocton 1876
William E. Hunt, p79

C.C. Leonard, from Knox County; practiced a few years, part of the time in partnership with J.D. Nicholas, about 1855; removed in 1857 to Illinois, and was, a few years later, killed by being run over by a locomotive.

1.1.16 County History - Mason 1879
1879 History of Menard & Mason Counties

Chicago, Published by: O.L. Baskin & Co., Historical Publishers

186 Dearborn Street

EDWARD F. LEONARD

Page 769

EDWARD F. LEONARD, teacher, Sec. 22; P. O. Havana; was born in Choshocton

Co., Ohio, Dec. 29, 1855, but removed in childhood, with his father's family, to

Illinois, locating in Havana Township, this county. In the spring of 1874, he entered

the State Normal University at Bloomington. He commenced teaching in 1873, which

occupation he has since followed, except when attending school. His father, Charles

C. Leonard, was born in Massachusetts, Nov. 12, 1819, and came to Mason Co., Ill.,

in 1862. His death occurred July 9, 1869. Mrs. Leonard's father, Daniel Ott, came to

Illinois in 1839. She was born in Bradford Co., Penn., and was married to Mr. Leonard

April 9, 1842. They had five children, four of whom are living-Florence, wife of C.

Travelute, who resides in Iowa; Robert B., Edward F. and Charles C. Eddie F. died

Feb. 25, 1854.

Note: This appears to be the main source of specific dates on events relating to C.C. Leonard. It was likely written or related by Edward at the time this book was published.

1.1.17 Family Recollection - Ada Leonard
Obtained from Dean Nuernberger, Oberlin OH, 1996

TITLE: Unknown

DATE: Unknown

NOTES: Photocopies and transcription of a narrative of the life of Charles Carroll. This information largely follows the Edward F. Leonard biographical entry as well as the Boston Transcript Query, and is likely from the same source or persons.

LEONARD, written by Ada LEONARD

TRANSCRIPTION:

The family moved to Oak Hill, Ill.

Peoria Co. where

the father C.C. L-

practiced law

for several years.

From there

they moved to Havanna

Ill. And the father

was associated

with Major Fullerton

the lawyer of Havana Ill.

(Grandpa) C.C. passed away

July 14 or 18, 1869

[born in 1819. He was a Civil Engineer

& surveyed land]

a y... ...y year

thru Ohio, Indiana, and Ill.

He left Boston, his native state, as a

Child, only (11) eleven

years old. Made

his own way.

Taught school as

a stepping stone to his profession.

I wrote to one of Carrie Leonard's

sisters too, and she

1.1.18 Family Recollection - Frances Leonard
TITLE: Unknown

DATE: Unknown

LOCATION: In the estate of Frances A. LEONARD, Emerson NE

NOTES: Scanned from original May 3, 2007, John P. Leonard. 5.5x8.5" pencil on

paper. First 3 paragraphs are a biography of Robert Bruce LEONARD. The

last paragraph describes his father, Charles Carroll LEONARD. These appear

to be notes quickly written down, perhaps from a conversation with R.B. or

someone close to him ??

TRANSCRIPTION:

R.B. Leonard

Born in Ohio -- 1850. Moved to Ill.

11 years old saw Lincoln

next yr. Father died -- 3 boys +

1 girl -- R.B. 13 -- oldest, took

over (mother [had]? 86 acre raised

hedge plants. Went to nite school

He married a girl who went

to school with his father. Moved to

Iowa -- came to Nebr. 1886 -- new country

& kept improving it.

As their family grew-- lumber wagon-- carriage

One of the first farmers to own an

auto. Always wanted airplane.

Same place for 60 yrs.

1881 - in Iowa

His father taught school & was

a ventriloquist. Lived in New York, at 17 left

home went to Nova Scotia-- later settled in Ohio.

1.1.19 Possible book owned by Charles Carroll LEONARD
http://www.lawbookexchange.com/sep02/law-books-sep02-2.html

1.1.20 Obituary - Mary OTT
Mills County Tribune

http://iagenweb.org/mills/obit/tobi/1902-1907/tribune-l.htm

Deaths:

23 Jul 1903

Mrs. LEONARD, mother of Mrs. Charles TRAVELUTE died, home Wakefield, NE

1.1.21 Family Notes - Bob Leonard
This is a collection of 2nd and 3rd source information on the R.B. Leonard family that Bob and Marilyn Leonard compiled in the 1980's-1990's.

Notes - Bressler Family (Bob & Marilyn).pdf

'Bub remembers as told to Virginia':

Great Grandpa Charles Leonard lived in Ohio, was a lawyer, school teacher and ventriloquist. He was killed when he was hit by a train when Grandpa (Robert Bruse) was 7 years old...

Note: This is a recollection Cornelius Leonard, the eldest son of Carl, and grandson of Robert. Cornelius had a reputation for honesty and accuracy in what he said. Nonetheless this transcription puts the date of Charles' death as 1857 which is inconsistent with primary records.

1.1.22 Published book
Note: This is an arithmetic book consisting of many word problems relating to commerce and engineering. There are a several specific references to Great Lakes steamships. Any link to Charles Carroll Leonard is merely speculative at this time.

"Leonard's New System of Mathematics; By Which All Business Calculations are Performed by One Rule, with Various Useful Tables", by C.C. Leonard, Teacher of Mathematics, Columbus, Tribune Office Print. 1845.

PREFACE

It may be necessary to state briefly the design and publication of this new Treatise on a new system of ARITHMETIC. It is a fact known to those who have examined the subject, that in almost all cases the man of business has by a tedious course of practice to acquire a sufficient knowledge of Arithmetic to enable him to transact his business, after he has engaged in this avocation. It is a fact that in nine cases out of ten, the rules learned in school are entirely disregarded in after life.

Having been engaged in teaching the science of Mathematics for the last few years, and having taught on an abbreviated method by cancellation, to many classes, with entire success, I have compiled this work for the benefit

1.1.23 Book - Illinois Supreme Court
Reports of Cases at Law and in Chancery Argued and Determined in the Supreme ...

By Illinois Supreme Court

http://books.google.com/books?id=_UcLAAAAYAAJ

April Term, 1863. (p 304)

George P. Lawrence

v.

John P. Jarvis et ux.

1. Judgement in other states - how far conclusive here. If a court of another State having jurisdiction over the subjet and parties, has rendered a judgement, such judgement will bind the party against whom it is rendered, and he will not be permitted to look into the transaction...

2. Such judgement will have the same credit, validity and effect in every other court in the United States, which it has in the State where pronounced, and whatever pleas would be good.

...

9. New trial - its effect in Ohio. In an action upon the record of a judgement rendered in the Court of Common Pleas in the State of Ohio, it appeared from the record that, after the rendering of the judgement, a new trial was ordered, on a certain undertaking being enetered into by the party asking the new trial, under a practice particular to that State. But as it did not appear that the undertaking had been perfected as the statute required, and the judgement vacated, it was held the judgement remained in force.

...

Writ of Error to the Circuit Court of Peoria county: the Hon. A.L. Merriman, Judge, presiding.

This was an action of debt, instituted in the court below, in February 1861, by John P. Jarvis and Caroline, his wife, against John P. Lawrence, upon the record of a judgement obtained by these plaintiffs against the defendant, in the Court of Common Pleas of Coshocton county, in the State of Ohio.

A sufficient statement of the case is given in the opinion of the court.

Mr. H. Grove, for the plaintiff in error.

Mr. M. Williamson, for the defendants in error.

Mr. Justice Breese delivered the opinion of the Court:

This was an action of debt on a judgement record from the Common Pleas of Coshocton county, in the State of Ohio. The defendant pleaded nil debet, nul tiel record-that the court of Coshocton county granted a new trial-that said court had no jurisdiction of the person of the defendant-that the judgement was procured by the fraud of the plaintiff, and the following plea:

And for further plea, defendant says actio non, because he says that the only claim on demand the said plaintiffs or either, have or ought to have, against the defendant, is for work, labor, and services, and salary of the said plaintiff, Caroline Jarvis, done, performend and due to her, while sole and while her name was Caroline Shriever, and which was done, performed and due prior to November 30th, 1853, and the defendant avers, that on the said 30th day of November, A.D. 1853, at the town of Newcastle, in the State of Ohio, the defendant settled and accounted with the said Caroline Shriever, while she was sole and unmarried, and paid to her the sum of one hundred dollars, which said sum of money, the said Caroline then and there accepted, and received in full payment and satisfaction of all debts, dues, and demands, against the defendant, and then and there, said Caroline executed and delivered to the defendant, as evidence of such payment and satisfaction, the receipt it words and figures following:

Newcastle, Nov. 30th, 1853.

Received of George P. Lawrence, One Hundred Dollars, in full of all debts, dues and demands up to this date, November 30th, 1853.

[$100] Caroline Shriever

Newcastle, November 30th, 1853

Attest: Erastus Lawrence

As the defendant avers, that afterwards, and on or about the year 1855, the said Caroline Shriever intermarried with the plaintiff, John P. Jarvis, and after said marriage, and on or about the 26th day of July, 1856, said plaintiff brought the suit and recovered the judgement in plaintiff's declaration mentioned, for the same labor, services, dues and demands, in said receipt specified; the plaintiffs then and all the time well knowing that the defendant had fully paid and satisfied said Caroline for all the said services, wages, salaries and moneys. And the defendant avers that at the time said suit was commenced, for and during the two years prior thereto, and from thence hitherto, the said defendant was and is a citizen and inhabitant of the State of Illinois, and was not an inhabitant of the State of Ohio, and that no process of summons or citation was ever served upon him to appear in said court, and that he never authorized any attorney, or any agent, to appear for him in said court; that such judgement is fraudulent as to him, and rendered by said court, without having and jurisdiction of his person, and this he is ready to verify.

The plaintiffs joined issue on all the pleas but the last, to which they put in two replications; first that the court rendering the judgement had jurisdiction of the person of the defendant, and that defendant had notice of the suit and employed an attorney of that court to appear for him, and who did appear for him. Second, that the judgement was not fraudulently obtained, and issues joined.

To maintain the issues on the part of the plaintiffs, they introduced the record of the proceedings and judgement in the Coshocton Court of Common Pleas, duly certified, by which it appeared that a suit by petition, duly sworn to, had been commenced by these plaintiffs against the defendant, for the work, labor and services of the wife, whilst she was sole and unmarried; that an answer was put in by C.C. Leonard, attorney for the defendant, and a motion made and sustained to strike out the answer. The cause was tried by a Jury at the December term, 1860, who found a verdict for the plaintiffs for $317, for which judgement was rendered, together with costs, taxed at $82.36. The defendant demanded a second trial of the cause, "and the court being satisfied that he is entitled to second such trial, it is accordingly granted, and the undertaking to be entered into for such second trial, said by defendant, is fixed in the sum of four hundred dollars.

The defendant objected to this record as evidence of the debt, on the ground that it appeared on its face that a new trial had been granted.

...

This was all the evidence offered by the plaintiffs, whereupon the defendant offered in evidence the receipt set out in his plea, which was excluded by the court, and exception taken, and the case brought here by writ of error.

The following are the errors assigned:

1. The Court of Common Pleas of Coshocton county, had no jurisdiction of the person for the plaintiff in error.

2. The record offered in evidence shows the court of Common Pleas of Coshocton county granted a new trial.

3. The receipt offered in evidence by the plaintiff in error tended to prove the matters set up by the 6th plea.

4. The instructions asked by the plaintiff in error were improperly refused.

5. The defendant's instructions took all questions of fact from the jury.

6. A new trial should have been granted.

...

The elements necessary to give the judgement to this effect, are jurisdiction in the court over the subjet, and over the person. These are open to inquire, and if it appears that either was wanting, the judgement is not conclusive, and the fact may be pleaded to an action brought on the judgement. There is no question made here of the jurisdiction of the court of Coshocton, over the subject matter of the suit, but only, that the court never had jurisdiction of the person of the defendant.

Jurisdiction of the person is obtained in various modes, by personal service of the process, by the entry of the appearance of the party himself without process, or by an attorney of the court appearing and defending.

The defendant's fourth plea alleges, that the court of Coshocton county, at the time the judgement was rendered, had no jurisdiciton of his person; that no process of that court was served on him or notice given him, and no attorney was authorized by him to appear and defend for him in that court on the trial; that he was, and had been for two years proir thereto, a resident of this State. Now, the record states, that he did appear by attorney, and nothing can be alleged against that fact. Yet the authority to appear may be contested by pleas and proof.

...

The record reciting the appearance of the defendant by attorney, affords presumptive evidence that the court had ju

Charles Carroll LEONARD and Mary Ann OTT were married on 9 April 1842 in Sangamon County, IL. Mary Ann OTT, daughter of Daniel OTT and ELIZABETH, was born on 15 March 1821 in Bradford Co., PA.

Charles Carroll LEONARD and Mary Ann OTT had the following children:

+2

i.

Florence Elizabeth LEONARD.

3

ii.

Edward Florin LEONARD was born in 1849 in Coshockton County, OH. He died on 25 February 1854 at the age of 5 in Coshockton County, OH.

+4

iii.

Robert Bruce LEONARD.

+5

iv.

Edward Florin LEONARD.

6

v.

Charles Carroll LEONARD was born in 1864 in Havana, Mason Co., IL.