Joseph
Selman
Cincinnati Daily Commercial, Saturday, 10 March 1860, page 2
The Newport City Council appointed Jonathan Horsfall, jailor. Joseph Selman removed. In Mayor's Court-A married woman made complaint to the Mayor yesterday that Joseph Selman, the recent Jailor, had attempted to kiss her, much against her will for which the gallant Joseph was fined $5 and costs.
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Cincinnati Daily Commercial, Friday, 4 May 1860, page 2
Joseph Selman, elected jailor in March 1859, for one year, refused to yield his office to his successor, Jonathan Horsfall, elected March last year for one year, whereupon the City Council passed an ordinance making it a penal offense punishable by a fine not less than 45 and not more than $15 for every twenty-four hours the contending jailor refused to yield the jail keys.
Yesterday the case was brought before the Mayor under the recent law and Selman was fined $5 and costs, whereupon he gave possession of the disputed keys to his successor.
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Cincinnati Daily Press, Monday, 7 May 1860, page 4
The following is a summary of the opinion of the Mayor, in the case of the city of Newport vs. Joseph Selman, in which the defendant was charged with unlawfully detaining the keys of the jail from his successor.
The defendant is charged with "refusing to deliver to his successor in office the keys and buildings of the City Jail and with obstructing him in the discharge of his duties" under an ordinance of the City Council approved April 6, 1860.
The defendant was appointed by the City Council jailer in March 1859 and took possession of the old jail building and entered upon the duties of his office. In March 1860, Jonathan Horsfall was appointed jailer. Selman still claiming the office and possession of the building in the city in April 1860, commenced against him an action of forcible detainee. This resulted in a verdict for the city.
On the 27th April 1860 Horsfall made a regular demand upon Selman for the keys, buildings and other jail property. The defendant contended:
1. The city Council has no power to appoint a jailer, except for the term of four years as prescribed by the State Constitution for County Jailers.
2. The Council has no power to appoint a jailer at all.
3. The First and second points will be considered together.
By the act of the Legislature approved Feb 24, 1834, the City Council has power and may procure or erect a suitable building for a Work-house and pass suitable laws for the government of the same and may confine therein persons fined by the Mayor, or Justices or Juries under them. In the opinion of the Court, the City Jailer is not an officer under the State Constitution. If so he would have to be elected by the people of the county; he would have to reside at the county seat.