History of Hamilton County, Indiana : with illustrations and biographical sketches of some of its prominent men and pioneers, Part 11

Author: Helm, Thomas B. cn
Publication date: 1880
Publisher: Chicago : Kingman Brothers
Number of Pages: 428


USA > Indiana > Hamilton County > History of Hamilton County, Indiana : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 11


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February Session, 1821 ; " Ordered, That Jerry K. Lemming be appointed 'Spesar" for the whole county of Hamilton for the present year, to give hond within five days, in the sum of 8500." Hlis bond was filed and accepted by the board, during the Anne session.


Joseph Kirkindale and Galetin Betts were appointed Contables for Dela- ware Township, to servo until February next. Jerry K. Iwaming, Andrew Mel'lintick and Asa O. Jones were appointed to serve as Coustables in White River Township, for same term, bond to be furnished fifteen days from dute.


ยท


HISTORY OF HAMILTON COUNTY, INDIANA.


" Ordered, That the election for the present year in Delaware Township be bell at the house of William Bush, and that John Stops he apprinted In- sportor thewef ; and that the place of holding elections in White River Township be af Henry Feland's, in Strawtown, and that Jeremiah Leaming be appointed . Inspector thereef' , and, that at the place of boding elections in White River Township, on the 6th of March, 1826, the qualified voters of that township alert an additional Justice of the Prave.


" Ordered. That Daniel B. Wirk be allowed 825 for services as Prosecuting Attorney , that Jeremiah Leaming, Nathan Popejay, William Perk, dach Hire, William Dyer, Zonas Beckwith, Thomas Provault, William Faster, Alexander Booker, Henry Lee, James Lee, Charles Lacey, Chapel W. Brown, Solomon Wie and Edward W. Dyer, be allowed 81.50 each for their attend- une as Grand Jurors, at the last Circuit Court. flourgy Wise is allowed $1.50 for attendance as Bailiff.


" Ordered by the Board, That William P'. Warwick, Sheriff of this county, las appointed Collector for said county for the year 1821, and that he give bond in the sum of $5,000


" Ordered, That Curtis Mallory be appointed to serve as Treasurer in this rusty for and during the present year." Be filled his bond at once. It way also " Ordered, That d'artis Mallory be allowed 22.50 for furnishing pres for county seal , also, 50 cents for retiring Juder of last election in August ; " and " that the seal of' brass procured by the flerk, with the words. . Hamilton County Seal, Indiana,' around the margin thereof, with an eagle in the center, he raldi-hed."


CHAPTER II


Locating the County Seat - Report of the Lonating Commissioners- Action of Goaty Booted Theron -- Donation of Site for Public Buildings, Ble. - Band of Donors - Description of Territory.


PURSUANT to the provisions of Section 3, of the art authorizing the organization of the county of Hamilton, the Commissioners therein appointed met at the hope of William Conner, in said county, and, after having diligently examined all the site proposed for that parques, as by law directed. they deliberated thereujem sufficiently and sulanitted a report for the consider. ation of the County Board. For the purpose of receiving that report, the Board, doing county business, mot in special session at their usual place of meet- ing on the Ith day of March, 1821, when the bdbming proceedings were bad pridning to the matter under consideration. Aller reciting the purjuges of' the spring session, the record proceeds


" Martin M. Ray, John Samyde and Benjamin 1. Blythe, a part and majority of the Commissioners apqwanted to fix the seat of justice in Hamilton County, agreeable to an art for fixing seats of justice in all new counties, etc., approved January 2, 1818, the said 'nin having not at the house of William Conner, in this county, and having thence proceeded to view the fans and sites for the county seat of said county, report + + + + +


". We proceeded to examine the different sites offered to our choice for fixing thereon the permanent seat of justice of' Hamilton County ( with the exception of the site offered at Strastown, which we thought not necesary, it being af so great a distance from the center of the county, and, not having agreed to fix the Nome, adjourned from day to day mitil Thursday, the 9th day of March, 1821, when, having met at the heart of William Conner, I fiersaid, after having carefully, deliberately and diligently viewed and examined the several donations offered tu uur choire, and having examined and duly considered as well present and future population, and inquired what lands could be obtained by donation or otherwise, and having, in all requests, endeavored to fis upon the most. eligible spot, taking into view all advantages of the different situations offered to war consideration, as also from every inquiry which we could make, have. therefore, finally fixed and established the permanent seat of justice for the county of Hamilton, in the State of Indiana, on the rast side of White River, and on the west half of the southwest quarter of Section 31, Township 19 north, Bauge & cast , and all that part of the senthead quarter of Section 36, Township nineteen ( 19) north, Range Bir ( 1) east, lying cast of White River, the whole donation ling bounded as follows, to wit : Commencing at the semtheast corner of the west half of the southwest quarter of Section 31, Township nineteen (19) north, Range five (5) east ; theore north, with the line dividing the quarter, one hundred and twenty-two (122) poles; theace west to White River ; theure, with the manderings of said river, to where the line between Townships eighteen (18) and nineteen (19) crosses the same ;


thence, with said township line east to beginning-a particular description of which will more fully appear by reference to the plat of Noblesville -- laid out by JJosiah F. Polk and William Conner, and a load given to the Commissioners of Hamilton tomaty, for a title to the donation to said county by said Pulk and Conner , and the said permanent seat of justice for said county of Hamilton is hereby permanently fixed and established at and in the town of Soldesille. on the west half of the southwest quater, and the fraction afiresaid, the same leasing heretofire belonged to the afiresaid Folk and Canner, lost by them donated tas will appear by bond, beating date the Ith day of March, 1821, ) tu the city of Hamilton for the permanent seat of justice.


" In witness whorend we have hereauto set our hands, this the day of March, 1821.


1


MARTIN M. BAY.


"Signal


( B. I. BINTHE.


" Witness


1 .J. D STEPHENSON. [ A. W. INGRAHAM "


Where ogon the said report, having been read in spen court, was recepted , and the bond of the said William Conner and Josiah F. Polk, therein mentioned, follows in these words, that is to say


" Know all men by these presents, that we, William Conner and dosiah F. Polk, of the county of Hamilton and State of Indiana, are held and firmly Inond, unto the Board of County Commissioners in and for the county of Hamilton and State aforesaid (in their corporate capacity as such ), mint their sarressurs in office in and for sand county, in the penal sum of ten thousand dollars, good and lawful money of the State of Indiana and the United States, med for the payment of which said sum we bind ourselves, our heirs, everutors and administrators, at the signing and scaling of these prosents Dated this Ith day of March, V. D. 1521.


"The ratelition of the above oldligation, lesever. is such, that whereas a majority of the Commissioners-appointed porsuant to an act of the Legida ture of the State of Indiana, in the case made and provided, to beate and fix the permanent seat of justice in and for the contay of Hamilton aforesail- having met porsuant to the provisions of the said statute, and having complied with the requisitions of the statute in that case, also made and provided for fixing the seat of justice in all new counties thereafter to be laid off in said State, and having, pursuant to said statute, examined the county generally in said county, and a majority of the said Commissioners having agreed to locate the permanent seat of justice, of the county aftersaid, on the east side of White River, on and for the consideration of the donations hereinafter mentioned, and other good and valuable considerations, to-suit. On lands now owned and belonging to the above-brand William Comer and Josiah F. Folk, bing and being situate at the county of Hamilton abbresaid on the west half of the southwest quarter of Section 81, Township 10, Range S cast, containing alust 50 arres; and also a part of the southeast quarter of' Section 36, Range 1, Township 19, rast of White River, containing, as supposed, 24 acres mure or logs; and the undivided ball od It acres of land, bying cast of said town plat to an open line, and more particularly known, designated and described by the town plat of the town of Noblesville, on the east side of White River at the county aforesaid, mel situafe and laid off on the two abuse- described tracts of land and nine in-lots -as will more fully appear by a refer- ence to said town jdat -- including the block of lots laid off' in said town for a public square, and all the fractional lots on said town plat that have numbers assigned them, on the following conditions, to-wit :


" That the said above-bound obdigits have donated to the said Commission- ers appointed as aforesaid, fixing and locating the permanent seat of justice of' Hamilton County on the aforesaid lands-on the public square, as designated au said town plat-and the said obdigans hereby [by ] these presents ako donate, on the conditions aforesaid, to the said county forever, the puldie separe of raid town plat number to, for the purpose of creating poddie buildings on. for said county, to the use of said county forever ; and have also donated, on the conditions aforesaid, one-half of all the in lots and fractional leds on said town plat, as by a reference thereto is more particularly designated and described - except two squares en said plat, known on said plat by their numbers, fifteen and nine, in which said squares the said l'onver and Pork reserve to themarches lots numbered one, two, three, four, live, six, seven and eight, commencing nt number one in square fifteen, on the northeast corner of said block, taking in said last-mentioned block, one, two, seven and eight, and in block numbered nine, they reserve lots wondered three, four, five and six ; the balance of the said entire last mentioned blocks of lots are hereby donated to the said county, containing eight lots, commencing at number one in square nine, and taking


.


89


HISTORY OF HAMILTON COUNTY, INDIANA.


numbers one, two, seven and eight in block nine, and in block fifteen taking three, four, five and six ; and also, one nudivided half of sixteen acres on the east side of said town plat, running north the full length of said town lots --- it being also situate on the west half of the southwest quarter of Section 31, Township 19, Range 5 enst. Now, the above obligation to be void on the following condition, to-wit : 'That if the above-dound obligas do well and faith- fidly, as soon as they may be requested by the County Agent that may be appointed by the County Commissioners for that purpose, or his successor in office, under the direction of the County Commisioners for said county-make or cause to be made, a good and sufficient deed in fre simple, to the said County Agent, for the use of the said county, every other or odd number of all the lets and fractional lots; the fractional lots to be equally divided by the dopors and the county, in the town of Noblesville, that is to say : lots number one, three, five, and so on ad infinitum, throughout the whole town plat, on each and every block in said town, to be selected by the said County Agent uuder the direction of the County Commissioner for said county, or their successors in office-exerpt blocks muubered nine amd fifteen, in which said blocks the said obligors are to deed as afuresaid, to the said County Agent, for the use of the county, the entire north half of said block membered nine, as aforesaid, and also the entire west half of block numbered fifteen, as aforesaid, and shall, in like manner, make a good and sufficient deed to all the undivided half of the Maid sistern arres of' land designated as aforesaid, and in like manner convey to the county the public square or square numbered ten, in said town, for the parque of having fixed thereon the permanent public buildings for said county, including a small fraction on the southwest corner of said plat : Then, and in that case, this obligation to be null and void, else to be and remain in fill foree and virtue in law and equity, ax witoess, the day and year first above written.


"Signed ! WILLIAM CONNER, [SE. NG.] JOSIAH F. POLK. [SEM.]


" Taken and approved by the Commissioners the day and year first above written.


"Text (I. D. STEPHENSON, (.A. W. INGRAHAM.


At the same session of the Board, the proposition of Conner and Pulk having been accepted, and the seat of justice fixed at Noblesville, the County Commissioners ordered that the town plat of the newly selected site be recorded in the office of the Breorder of Hamilton County. In the same connection, the Board "ordered that Josiah F. Polk be appointed Agent for the county, and that he exerate a bond in the son of five thousand dollars." The agent was then authorized and directed to sell, on Monday the 19th day of April, 1821, a part of the lots in the town of Noblesville, that passed into the bands of the county in consideration of the location of the seat of justier. The terms of payment to be as follows: one-fourth in hand, one-fourth in wine and one-fourth in eighteen months, and the remainder in twenty-seven months; authorizing the said agent, also, to make such other necessary conditions as might be conducive to the interest of the county.


As a part of the proceedings connected with the location of the county wat, it was at the sune session "ordered by the Board, that Martin M. Hay be allowed the sum of thirty dollars for his services as Commissioner for loeating the county wrat;" also, " that Benjamin 1. Blythe be allowed thirty- four dollars and fifty cents for services as Commissioner for fixing seat of jus- tier, that John Sample be allowed twenty-eight dollars for his services as Commissioner for lorating the seat of justice," as aforesaid. This completed the business of the special session, but did not make final disposition of all the business appertaining to the location of the seat of justice. At a snbse- quent, bring the succeeding May, session of the Board, William Conner and Josiah F. Folk, on their own behalf as proprietors of the town, and the Board of Commisioners on behalf of the county, made a division of fractional lots held in comnao by them, in the town of Noblesville.


. At the same session, also, Josiah F. Polk, County Agent, filed a statement of the sale of town lots in Noblesville, made April 19, 1824, pursuant to the aforesaid order, amounting in the aggregate to the sum of $183.75, one-fourth, $15.931, having been paid in hand, according to agreement. After deduct- ing expenses, he turned over $26.784 to the county. William Conner and Josiah F. Polk and the County Board, by mutual agreement, made a division of sixteen neres, undivided, specifically mentioned in the bond of Conner and Polk to Hamilton County. This tract consisted of lots one, two, three and four, lying on the cast of the original pint of Noblesville; one and three went to the county, two and four being taken by Conner and l'olk, each of the lots containing four acres.


CHAPTER IL. EARLY PUBLIC BUILDINGS.


The First Juil Building-Dimensions and Description-Its Removal to the Public Square-Temporary Court House Ereetal.


A T the May session, 1821, of the Board, doing county business, it was ordered that the Sheriff sell to the lowest bidder, at the house of Josiah F. Polk, near the town of Noblesville, on Tuesday, June 1, 1821, the clearing of a site to be selected by the Board, and the building of a jail on the fraction donated to the county for the purpose of erecting public buildings thereon. The fraction is located in the southwest corner of the town. The following are the prescribed dimensions of the building, with the place thereof, to-wit ; The size, from ont to out, to be twenty-one by fourteen feet ; " the timber to be twelve inches square, and of good, durable quality ; foundation to be solid on the ground, of good white-oak logs, at least twelve inches in diameter at the top end ; to be close and tight, lengthwise of the same ; flor to be laid cross- wise of foundation, of good white-ak timber twelve inches square, laid close and tight , the walls to be built on said door, to be dovetailed at each corner and well pinned with two-inch pins of good, substantial wood, and fastened we'll to floor, so as to prevent any part of same from being moved or slipped ; the walls to be built tight and close. The same to be divided into two separate apartments of equal size, the partition to be of samme-sized timber as the walls; the joist, or upper Boor to be of good timber of same size, to be let down four inches so as to prevent them from slipping, and substantially fastened ; to be built one log above the said juist or floor, and topped off and covered with a good clapboard roof; to be nine fert in the clear. The door to be made of good seasoned white oak plank one and a half inches thick, doubled and crossed ; to be well spiked so that no auger can be introduced ; to be hung with good strap hinges to reach across the same, well riveted and hung with good and substantial stock-locks, well put on with good rivets. The door to be two and one-half feet wide by five feet high, with good staple for fastening the lock ; to have two windows in the dungeon part, six inches wide by twenty- four long, a plate of iron four inches wide by one t! iek, let into the logs above and below, even with the surface, to be well spiked; iron grates one inch square to be set in these plates not more than three inches apart. To have two windows in the other room twenty-four inches long and twelve inches wide ; pdates to be fixed in windows same as the other, with at least four cross- grates, une to run lengthwise, to be well and substantially put in and fastened. The outer door to enter into the debtor-room, and the other door from that room to the dungeon. To be completed within six months from date of sale; Provided, however, if the same cannot be built for three hundred dollars, the Sheriff is directed not to let the same."


At a special session of the Board, held in June of that year ( 1821), it was further ordered " that the door [of the jail], be nailed on both sides with six- jenny nails, so that a ball-inch anger cannot be introduced, and yet must be spiked, to go through and clinch ; plates of iron for windows Dot. to be less than half an inch by for wide. The timber may be any width upand down, not less than twelve inches ; the corners to be halved instead of dovetailed. A hole to be dug under the floor of sufficient depth for a necessary, with n small passage of three or four inches in diameter leading to it through the floor." For this building the contract was let to dosiali F. Folk, and ordered to be erected on a part of Hock 18, between Lots 7 and 8 and White Hiver.


Subsequently, at the November session of the Board, Mr. Folk, having been commissioned as one of the Board of Justices, resigned his position as County Agent, when Sydnor Dale was appointed Agent in bis stead, when the Board ordered " that the agent of the county pay over to .I. F. Folk, the undertaker of the building of the Jail, the sum of 870.10, ont of the cash donated for county buildings, as soon as the ammont may be collected."


At a special session of the Board, on the 17th of March, 1825, held at the house of J. D. Stephenson, it was ordered " that the jail be received, and that the Sheriff take possession of the same ; and that the agent pay over any moneys he may have in his hands unappropriated, collected from donations, ete." During the September session, 1826, of the County Board, it was ordered " that the Sheriff proceed to sell to the lowest bidder, on Saturday, the 9th iust., the re- mioval of the jail of this county from where it now is, to the public square, and that the undertakers hew one side of the foundation logs and lay the jail floor solid on the same, and that they fix the door substantial." The jail was moved accordingly, a short time afterward, wind Isaac Cottinghamn was allowed, at the November session of the Board, the sum of 852 for removing the same to the public square, as contemplated by the order nt the previous term.


40


HISTORY OF HAMILTON COUNTY, INDIANA.


TEMPORARY COI RT HOUSE.


On the 25th of September, 1821. after the organization of the Board of County Justices, at the first session, it was ordered, that the Sheriff sell the clearing of lot No. 3, in square 1. to the lowest bidder, in contemplation of the erection of a temporary court house thereon, the sale to take place at the house of dosiah F. Folk, near the town of Noblesville. So far as the record disclose, nothing was done under the foregoing order, save the more clearing of the same, removing the timber, obstructions, etc., until the early spring of 1526, when, at the March session of the Board of Justices, it was ordered " that William S. tior be appointed to superintend the building of a temporary court house, in the town of Noblesville, of the following dimensions, ta wit. : To be a russel-log cabin, twenty two feet square, a story and a half high, the lowerstory to be not less than seven feet high, to be live windows in the same, three in the lower story of twelve lights cach, one to be in each side, and one in the end; to be a partition in the center of the upper story, carried up with logs, and one window in each end. of six lights cach. To be one door in the same, and a good chimney; to be howed down inside and out , to be good thering, the same to be covered with a good claphard roof." The foregoing is the de- orription as it appears of record, and embraced the leading features as at first proposed ; when, however, the notier was given by Sheriff Warwick. that the contract to build the same would be sold at public entery to the lowest respon- sible bidder, the following dimensions appear to have been considered. " Th le a double cabin, with one entry. ten feet wide ; one room to be 21x20 feet ; the ather 20x Hi foot-nine fort story. Foundation to be of good, lasting tim- lwer ; balance to be of any kind of logs, except buckeye ; well hean down the inside; well clinked with wood, and well daubed with clay mortar ; two win- dows in each room, of fifteen lights ; glass, S\10 inches, well eased and well put in , one door in each room, fronting the passage , goud batten doors well eased. good looks and latebes, good for in each room. of plank , lott in each poron to be laid with love plank. The chimneys to be built of cat and clay ; back wall and hearth to be of brick ; corners of house to be well sawed down." This latter description accords very well with the style of archi- texture prevalent in these pioncer days, and would be greatly modified hy a comparison of that with the models exhibited a half century later. Indeed, the experiences in the use of such a structure, even in those early days, made it manifest in a much shorter period, that improvement was necessary. Accordingly, at the August sesion, 15:30, of the Board of Com- missioners of Hamilton County, -we find recorded the following proceedings in that direction . " Opbrud, That the Commissioners of the county proceed to build a fixture bones, on lot No. 1, in block No. 11, in the town of Noblesville,. in the Coonty of Hamilton, for the purpose of holling courts in, for said county, > until a permanent court house . can be built on the jobfie square. The said hogy to be 32% 15 feet, one story and one-half high ; and that the building of said house be sold to the lossest bidder, on the 15th day of September next, at the house of George Shirts, in Noblesville, and that the Clerk of this court advertise the said sale at three of the most porblic places in the county." At the November session following. further legislation was had wpour the subject, which is thus indicated : " Ordered, That the Commissioners of the county pro- reed to lasild a frame house on let 1, separe 11, in the town of Noblesville, + + for the purpose of hokling courts in, for said county, until a more permanent court house can be losile on the jobdie square, the said house to be 32x 18 fort, post and bwent 17 feet high, ten fort between the lower floors, a fire place below and above in euch end of the house ; two doors in front, six feet apart , two fifteen- light windows in the front below, care fifteen-light window in the center of the back, on the south side of the house, and one twelve-light on each side of the center window; two nine-light windows in front, above, and the same number back ; the bar in the center of the south side of the house, and a partition whove, dividing the myjer junit of the house into two rooms, suitable for the grand and putit juries. It is also ordered, that the building of said house be said to the lowest bidder, on Saturday, the 11th day of December nest." The terms of payment for the construction of this building were proscribed, as follows " Twenty- five dollar. in cash and twenty-five dollars in county orders, inadvance; twenty-five dollars in cash and twenty-five dollars in orders when the house is raised ; twenty-five dollars in cash and twenty-five dollars in orders when the house is covered and inclosed ; twenty-five dollars in cash and twenty-five dol- Inrs in orders when the windows ure glazed, doors hung and floors laid, and fifty dollars in cash and fifty dollars in orders when the mason work in completed ; *** the whole to be completed by the second Monday in November next." AM indicated in the foregoing statement, the first payment was due the contractor in advance ; this wa sunde as shown by the following : " Ordered, That Francis




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