John Gutknecht Stands the Test of Time
March 15, 1998, article two

Nineteen thrity-two was a significant year for law and justice in the City of Fostoria. The Fostoria Municipal Court was established in 1932, the same year John Gutknecht began the practice of law here in town.

Today, 66 years later, the Fostoria Municipal Court is still going strong. And lawyer Gutknecht is still practicing law.

"I got out of law school in 1931. I was admitted to the bar on Abraham Lincoln's birthday, Feb. 12 in 1932. That was the beginning of the municipal court in Fostoria. It was created by the legislature the year before and became a court on Jan. 2, 1932. So I'm almost as old as the municipal court in the practice of law," said John with a chuckle.

John tried his very first case in Fostoria Municipal Court when J.H. Jones and Co. Repaired a bridge on Rt. 18 and knocked over a pole belonging to a Bellevue telephone company. Jones refused to pay for the damaged pole and soon litigation was in the air.

He represented J.H. Jones and lost that initial case which he argued before Judge Charles A. Straich, the very first judge of the Fostoria court.

"Judge Strauch was a real fine gentleman," said John. "I later tried cases against him because he gave up the judgeship and went back into practice. He was 65 or 70 years old. He was probably the oldest practicing lawyer in Fostoria then."

Feb. 12, 1932 was a Friday and John wasted no time getting to work.

"The next Monday, I was fortunate enough to be allowed to practice in the law firm of Witherspoon and Stewart."

In 1935 John was appointed City Solicitor by Mayor George Cameron. Today that post is known as City Law Director. The Law Director is the City's legal consultant, supervises City prosecutors and represents Fostoria in legal matters. He won the Solicitor's job in the next election.

John returned to private practice in 1938 with Frank Young who took over Ora Wade's practice when Mr. Wade died in 1935. Four years later, the matter known as World War ll put the halt on John's legal career.

"In 1942, I volunteered," recalled John. "I left the practice of law on July 31 of '42 and became, believe it or not, a first lieutenant in the Corps of Engineers. Now that doesn't seem possible, a lawyer going into the engineers, but I did. They had an amphibious force and I knew a little about boating."

In six short months, John found himself in the South Pacific. He served in places now little remembered - New Britain, New Guinea, the Admiralty Islands, Leyte.

John returned from the war in October 1945 to find Municipal Court Judge Strauch had resigned. He decided to run for the vacancy partly on the advice of friends like Poody Switzer of the Fostoria Daily Review.

"You better run for that job, John," urge Poody." because you haven't got a law practice."

By Dec. 1945, John donned his judicial robes. But a career on the bench wasn't for him.

"I found out I didn't have a judicial temperament. I couldn't tolerate some of the things I heard in that court," said John. "They called me a hanging judge. I wouldn't tolerate any excuses. Having been with the 1st Marine Division, the 1st Cavalry Division and the 38th Division in combat and knowing the rules of combat and the rules of discipline, I couldn't understand why people wouldn't obey the law. Being gone three years made a difference.

By 1948 John was back in private practice with Floyd Weber. He later formed a partnership with Fred Echelbarger that lasted 27 years.

John has practiced domestic and corporate law, been a litigator and labored at real estate, estate planning and probate and trust work. But he hasn't handled domestic relations cases such as divorce or child support in many years.

"Some people," he said, "will give away their kids, but you'd think a picture on the wall was the most important thing in the world and they'd fight over that. It didn't suit me."

Probate and trust work have comprised the bulk of John's practice in recent years. But regardless of the type of law he's practiced there is one thread that has formed the guiding principle of his practice.

"I like the work," said John, "because if you practice right, you're helping people. You can't help but help them."

How to help others by the proper practice of law was an especially prominent consideration in two cases. In one, a divorced man with a large life insurance policy was killed accidentally. He had neglected to remove his ex-wife from the policy as beneficiary.

The ex-spouse demanded the insurance money. John went to court on behalf of the man's children, the secondary beneficiaries, arguing the ex-wife had given up her rights to her husband's property in the divorce settlement, the insurance policy being property, a tangible asset. Though John lost the case at trial, he won an appeal.

In another, a man tried to have himself appointed guardian of an elderly relative. Armed with a doctor as a witness, John convinced the court that, other than ordinary forgetfulness, there was no medical reason for a guardianship. The man must have been impressed. Later he retained John as his own attorney in another case.

The execution of wills is an area where a lawyer can lend people a helpful hand during a difficult time.

"When you're handling estates, you must remember the legal approach is technical and if you don't understand the language, you're lost," said John. "It's always a time of grief so you don't want to start too soon, but you can't delay too long. In the course of the administration, you make it as easy for them as you can and try to do it the best way you can."

John's marriage has been as durable as his law practice. He married Oletha (Buck) in 1934. They've been married 64 years and have a daughter, Christine, and three grandchildren. John is a 1926 graduate of Fostoria High School.

Incidentally, John was an eye witness to one of Fostoria's most electrifying moments - the Dillinger heist at the First National Bank (Ohio Bank) in 1934. John was city solicitor at the time. Charlie Gribble was city treasurer. They were on the bank's third floor. When they heard the commotion, they descended the stairs to the mezzanine which has a window looking down into the bank.

"When we hit the mezzanine, there cama blast of gunfire right through that window," said John. "There was all this smoke, blue smoke. I turned around and Gribble was out of sight already back up the stairs. I couldn't catch him. He was 75 years old."

John is shutting up his law practice and preparing, at last, to retire. He works only two days a week now and is trying to complete work on a few remaining estate cases.

When John Gutknecht finally retires in the next month or so, one of the most remarkable legal and professional careers in Fostoria's history will draw to a close, one that has been every bit as distinguished as it was durable.