History of Randolph County, Indiana with illustrations and biographical sketches of some of its prominent men and pioneers : to which are appended maps of its several townships, Part 22

Author: Tucker, Ebenezer
Publication date: 1882
Publisher: Chicago : A.L. Klingman
Number of Pages: 664

USA > Indiana > Randolph County > History of Randolph County, Indiana with illustrations and biographical sketches of some of its prominent men and pioneers : to which are appended maps of its several townships > Part 22

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on the whole) three months thereof to be when she is between the ages of fifteen and eighteen years; and at her majority she is to have as follows :

"One good feather bed with bedding, bedsteads and cord, such as are common among respectable farmers ; one good spin- ning (flax) wheel ; two good suits of warm clothing, such as good home-made flannel ; two pair of new shoes, and two pair of new stockings."

On page 202, Book B, is found another record of apprentice- ship, of a lad named Logan M. Jackson, to Francis Frazier. He is to have eighteen months' schooling (sixty-five days for three months), three months to be when he is between nineteen and twenty-one. He is to have $50 (in land, or otherwise under the direction of his guardian), two good home-made suits, two pair of shoes, two pair of stockings and one fur hat.

SHERIFF'S DEED.

The first Sheriff's deed that is found is made by Solomon Wright, Sheriff, of Lot No. 6. southeast square, Winchester, un- der a writ, " alias plures fieri facias," against Thomas Hutson and Jacob B. Hornish. Date of deed, April 12, 1823. Recorded, June 29, 1824.

The first mention in the record of a Notary Public appears under date of October 15, 1834. The deed was made by N. Longworth, of Cincinnati, and acknowledged by him at the date above mentioned, before James Foster, of Hamilton County, Ohio, who was a Notary Public.

The deed was made to Dennis Kelly, and was recorded Octo- ber 27, 1834.

"FREE PAPERS."

A curiosity is to be seen under date of August 4, 1834. It consists of the "Free Papers " of Ezekiel Lewis, an enterprising colored man, who was one of the pioneers of the Greenville set- tlement, northeast of Spartansburg. We give the document en- tire :

STATE OF VIRGINIA, \ No. 52.

ROCKINGHAM COUNTY.

To wit: Registered in the office according to law, October 19, 1820. Ezekiel Lewis, a free man of color, about twenty- two years on the fifth day of March, 1829, as appears by his in- denture, he having been bound by the overseers of Rockingham County, to John Koontz, to learn the tanning business. by order of the court of said county at the January court, 1818. He is about five feet ten and one-half inches high, has a scar on his forehead, which is not perceivable when his hat is on ; he is stout built, and follows his trade, and is very dark.

The foregoing register was compared by the County Court of Rockingham County, with the said Ezekiel Lewis, and found to be duly made, and a copy thereof was ordered to be furnished him as the law directs. Done at October court, 1820.

In witness whereof I have delivered him this copy, and hereun- to affixed the seal of my said county this 29th day of November, 1834, in the forty-ninth year of our commonwealth.

H. J. GAMBELL, Clerk of Rockingham County.

Recorded (at Winchester) August 4, 1834.

['This Ezekiel Lewis became a permanent and prominent settler in the colored settlement on the Ohio linc, and, at his death was the owner of an excellent tract of land, 160 acres, northeast 1, 16, 1.]

KINDS OF RECORDS KEPT.

For many years, all records belonging to the Recorder's office, were kept in the same set of books. But, after some years, differ- ent sets were provided, and there are now eighteen distinct sets of books in that office alone.

The records, in all, number 142 books ; the decds alone in- clude sixty-five books; the mortgages number nineteen books ;

the chattel mortgages are in three books; the school fund mort- gages comprise two books; tax titles are in two books ; Sheriff's deeds have been recorded in two books ; mechanic liens are all in one book ; record of executions, one book ; record of decrees, one book ; record of fee bills, one book ; indexes of deeds, twelve books; indexes of mortgages, seven books; entry of deeds, three books; entry of mortgages, three books ; partition records, one book ; soldiers' discharges, one book ; town plats, one book ; miscellaneous records, five books. Each book cou- tains from 400 to 700 pages.

The whole number, as before stated, is 142, several of which are in the process of being filled. The contrast is indeed sharp and striking, in the Recorder's office, between the business in early years and at the present time. The first four years and four months have less than sixty entries, covering about sixty pages. The last four years include several thousand pages. For some years past a memorandum has been taken of the mort- gages recorded, and also of those which have been canceled dur- ing the same time. The gratifying fact appears that the amount canceled far exceeds that of those entered upon record during the time in question, though the exact sums cannot now be stated.

ABSTRACT OF TITLES-RANDOLPH COUNTY.

This very important business was undertaken about 1875, by William Harris. Daniel Lesley bought half interest, and, in about a year, ho purchased the whole. The work is immense, having taken thus far about six years, and requiring several months yet to complete the labor.

The books are as follows : The books of general abstract, 240 and 464, immense double folio pages ; one book, maps of sec- tions, 169 large double pages; two books, towns, 240 and 319 large double pages. The abstractor at present lias his office in that of the Recorder. The enterprise is of great and constantly increasing importance to the real estate interests of the county.

MARRIAGES-RANDOLPH COUNTY.

A very ancient authority has declared that it "is not good for man to be alone," and for all the ages since that primitive era, the search has been unceasing by each individual man to find his mate.

This universal " race for a wife " was not stopped, perhay not even checked by the process of emigration. The boys went on courting the girls in the western woods, even as they used to do, and their fathers before them had done, in their far-off Eas+ ern or Southern homes. And hence it came to pass, ere a long time had lapsed, that the Clerk of the Court was called on for a " marriage license," a'd the services of the squire or parson were had in requisition, and the log cabin beneath the shadow of the beaches was the center of a gay and joyous festal scene, in the shape of a country wedding. And the young people of Randolph were no exception to the general rule in this respect. And so the record of marriages, as kept in the Clerk's office, begins at the very first, and keeps equal step through the lapsing years with the ceaseless whirl and turmoil of business and of pleasure.

That record, though faithful and true, doubtless, for the most part, to the facts of marriage, at any rate to the number seeking marriage in the county, yet fails to show the whole number of the residents of the county who, in those early years, took unto them . selves wives of the daughters of the land.

It very often happens, almost of necessity, in fact, that the young men, hale, strong and personable, would come into the wilds and select for themselves a home, and after remaining long enough to clear a patch and erect a cabin, would return to the land of their nativity, marry the lovely lass who had long been the girl of their choice, and wend their cheerful way, sometimes on horseback, man and wife, possibly two upon the same horse, to the Western paradise, and settle down in their new home to fight life's rough battle in earnest together. One couple came on horseback, and the bride stuck her riding whip into the ground

HISTORY OF RANDOLPH COUNTY.

on reaching the place of their destination, and it stands there yet, now grown a giant tree, to commemorate their early arrival. The lady died many years ago, but the groom, then hale and young in 1822, lived until the spring of 1881 in the county, almost sixty years a denizen of Randolph, between eighty and ninety years old. And many found their mates among the dam- sels dwelling in the older settlements, outside of Randolph.

Two of the very first pioneers on White River went out from the places of their selection, and found their way down into Wayne County, the very first winter of their tarry in this region, and, when they returned, each had a wife to share his labors and his pleasures. And, moreover, as the number of settlers multi- plied, there were swarms of boys and girls everywhere, for the old pioneer families were wondrous for their numbers. Ten, twelve, fourteen, eighteen, twenty-two, and even twenty-four children have been found to be reckoned in a single household. Some families there were who moved into the Western wilderness with fourteen children. One family in this region of the State num- bered eighteen children, nine sons and nine daughters ; and, when the youngest was twenty-three years of age, the whole eighteen were grown, married and still living, as also the father of this immense company of descendants ; and now, when the youngest is forty-four years old, twelve of the eighteen yet behold the glorious sun. and still breathe the vital air. There is a citizen now residing in the county, who has eleven sons now alive, all farmers but two, and every one Republicans, so that (with his own vote) he turned an even dozen for the successful candidate in 1880. No wonder that Randolph gave 2,200 majority for Garfield.

The first license for marriage in Randolph County was issued to Jacob Wright and Sally Wright, February 1, 1819; and they were married February 2, 1819, by Rev. John Gibson, M. E. preacher.

The second marriage was that of Absalom Gray and Margery Cox.

The license was dated June 7, 1819, and the marriage took place June 10, 1819, the nuptial ceremony being performed by John Wright, Justice of the Peace.

The third marriage license was to Samuel Frazier and Mary Cook, dated June 21, 1819. The marriage was performed by Ephraim Bowen, Justice of Peace, August 3, 1819, six weeks after the lieense was issued.

The number of licenses varies greatly in different years. In 1819, twelve licenses were issued; in 1820, ten ; in 1821, ten ; in 1822, eight ; in 1823, twenty-three; in 1824, seventeen ; in 1825, twenty-five; in 1826, fifteen ; in 1827, thirty; in 1828, twenty-seven ; in 1829, twenty-four; in 1830, thirty-nine; in 1831, thirty-two; and up to April, 1832, sixteen.

From February, 1819, to April, 1830, 290 marriage licenses were issued by the County Clerk ; up to August, 1837, 271; to September, 1847, 907; to July, 1852, 686; to June, 1858, 1,- 164; to October, 1865. 1,272; to February, 1870, 1,109 ; Jan. uary, 1875, 1,208; to January, 1879, 1,117 ; to February, 1881, 593. Making a total in sixty-two years of marriage licenses is- sued by the County Clerk of Randolph County of 8,678 couples, waiting to be joined in the bonds of holy wedlock. Probably, in- eluding those happy Randolph swains, who were so fortunate as to find their fair dulcineas in other counties or other States, the whole number would reach 9,000.

Who and how inany of this immense multitude still remain alive; how many yet are residents of Randolph County; how many have removed to other regions of our widespread land; how many have gone to that clime where they " neither marry nor are given in marriage;" how many descendants have sprung from these marriage unions; how many have been separated by the re- morseless hand of death; how many of the whole vast number have been second, third, or even fourth marriages, and how many now remain in the loneliness of their desolation, waiting in patient resignation the hour when they shall be summoned to join

the pale nations of the dead are known ouly to Him who dwells in the light of omniscience !

This statement of the marriage licenses issued does not em- brace those who were married in " Quaker meeting ; " and that, in this county, where, almost from the very beginning, there have been six or eight " preparative meetings of Friends " in constant and prosperous existence, must have been a considerable number. How many, however, have thus been joined in the bonds of holy wedlock, the means of determining are not now at hand.

The whole number of marriages cannot fall far short of 10,- 000.

RECORDS-CIRCUIT COURT.

Amount of record. Up to April, 1838, not quite twenty years, there had been made in all about 500 pages of record for the business of the Circuit Court, an average of about twenty-fi pages for each year. The first twenty-four terms, one hundred and twenty-one pages of record were filled in the " Order Book," making an average of five pages per term, or ten pages per year.

From that time the record stands thus : April term, 1840, 96 pages ; September term, 1840, 80 pages ; March term, 1841, 74 pages ; September term, 1841, 66 pages ; March term, 1842, 101 pages ; September term, 1842, 82 pages ; March term, 1876. 142 pages ; March term, 1877, 825 pages ; during the year 1880, 446 pages.

Besides all this there is an immense amount of Probat" Record and of Vacation Record, etc., concerning which we have made no account. Statements concerning the marriage license record may be found elsewhere.

The entire mass of " records " in the various "county offices" is something astonishing.

We have already stated the " Books of Record " in the Re- eorder's office to be 147 ( including those pertaining to the " ab- straet of title ).

In the Clerk's office are about 340 books; in the Auditor's office are about 240 books; in the Treasurer's office are about 250 books. The whole mass of " record " ineludes about 1,000 books, most of them large, with from 300 to 700 pages each, and some of them of iminense size.

Besides all these, the "papers " belonging to every case that has ever been before the courts are supposed to be on file, and every report made to the Commissioners and everything else is (in theory) preserved (in one office or another) for ready and con- venient reference. In the Auditor's office "pigeon holes " ar. made to suffice for the " stowing away " of these endless "papers;" but in the Clerk's office, through the painstaking ingenuity of the late Circuit Clerk, John W. Macy, Esq., a system of tin "boxes " has been put into use, in which all the "cases " that could be found in the office are deposited in regular detailed order.

The whole number of boxes is 1,685. Only 1,047 of them are yet in use. Eael box containes a greater or less number of " cases." "Some have in them as many as twenty " eases." Each "ease " is in a strong, firm envelope, the envelope being num- bered to show the " box " to which it belongs and also its own number in the box.

The " cases " are "indexed " in the " order books " so as to show the number of the " box " and of the " case " in each box. The system is ingenious, simple, perfect and capable of indefin't: expansion in application to years or even centuries to come ; and its successful establishment in the Clerk's office is of incalculable advantage to the publie business.

AMOUNT OF RECORD -- CIRCUIT COURT.

First six terms, 8 pages, October, 1818, to October, 1820. Second six terms, 21 pages, April, 1821, to November, 1822. Third six terms, 41 pages, August, 1823, to August, 1825. Fourth six terms, 51 pages, February, 1826, to August, 1828.

Fifth interval, 383 pages, February, 1829, to April, 1838.

.73

HISTORY OF RANDOLPH COUNTY.

Sixth interval, 476 pages, May, 1838, to January, 1841. Seventh interval, 560 pages, September, 1845, to February, 1849.

Eighth interval, 640 pages, March, 1876, to January, 1877. Ninth interval, 626 pages, September, 1879, to February, 1880.

These statistics show an almost incredible difference between the early and the later times in this respect.

These statements include only the "order books," so called, besides which there are the "fee books," "index books" and various other kinds, familiar indeed to the incumbent of the office, but a fathomless mystery to the "outsider."

RECORDS-CIRCUIT COURT GLEANINGS.

In looking over the books containing the records of the Cir- cuit Court, various items of interest have been gleaned, some of which are given below :

November, 1823, a license to sell spirits was granted to Will- iam Suttonfield, of Fort Wayne, under bond of $500.

August, 1826, Daniel Shoemaker was fined $1 for disturbing the court by crowding on the window. The next day the fine was remitted and paid back to the delinquent.

August, 1827, the grand jury report concerning the jail, that it is clean but not strong, that the trap-door is not sufficient and that the hinges on the outside door are not strong enough.

February, 1828, Thomas Shaylor was indicted for an assault and battery. He pleaded guilty, and was fined $1 and costs, and was to stand committed until paid.

Bazel Jay was declared insane, and guardians were appoint- ed to take charge of his estate, viz., Nathan Hocket, James Jay and Joseph Jay.

Same court-Slander trial. John Irvin vs. Richard Tharp. Defendent adjudged guilty, and damages set at $17.52,2 (not another mill) and costs. It would be interesting to learn by what process the jury were able to attain such marvelous exactness, even to the twelfth part of a cent, but that will probably never be forthcoming. That degree of exactness would be invaluable at the present time, both to juries and otherwise.

August, 1828, Marshall Wright vs. Kizer for an affray. They confessed guilty, and were adjudged to pay each $1 fine and half the costs.

August, 1828, grand jury report " the jail is sufficiently strong but not sufficiently clean. It needs an inside door-shutter, and a lock for the accommodation of both sexes."

February, 1829, Sheriff allowed $1 for furnishing wood for the session of the court.

If we could only find so accommoduting a Sheriff now-a-days ! But alas ! tempora mutantur, et nos mutamur cum illis. Times change and we change with them.

February, 1829, Paul M. Way indicted for retailing liquors without license. The defendent pleaded guilty, was fined $2 and costs, and paid the fine to the clerk forthwith. Not many years afterward, the same Paul Way was an active, thoroughgoing tem- perance man. And the exact why of the case does not appear in the record.

Edward Mason was indicted for " vending foreign merchan- dise without license." Pleaded guilty and was fined $1 and costs, and it is to be. presumed he paid up like a little man, "though nothing is said about it in the records. "

Several indictments are found against parties for selling spir- its without license.

The jail is reported to be clean and strong, but not sufficient- ly warm.

February, 1830, the fact is set down that the petit jury got 50 cents a day.

Seventeen jurymen served a total of forty days, and received among them $20.

The Associate Judges received $2 a day.

February, 1834. Ezekiel Roe vs. Isaac Lewallyn and Ed-

ward McKew. Charge-trespass vi et armis. Lewallyn ad- judged guilty and fined $13, McKew cleared and authorized to recover costs of plaintiff.

Hannah Lewallyn v8. Ezekiel Roe-charge of slander. De- fendant guilty and mulcted in damages 1 cent and costs. Paid forthwith to the Clerk.

May, 1835, Ezekiel Roe decreed to lie in jail six hours for contempt of court, in making noise and other disturbance in court- room.

Winchester was incorporated as a town in 1838, by popular vote.

At an election held to determine the question, thirty-eight voted for incorporation, and none against. The persons voting were these :

John Way, Carey S. Goodrich, Edward B. Goodrich, George T. Willson, John D. Stewart, George M. Goodrich, David Heas- ton, Jeremiah Smith, Nathan Garrett, John Neff, Zachary Puch ett, John Connor, Josiah Mongar, Jacob Elzroth, Alfred Rossmat Robert Way, John Wright, Martin Comer, Charles W. Wise- heart, Andrew Aker, Welcome L. Puckett, James W. Olds, John Aker, George W. Monks, Elisha Martin, Michael Aker, Jesse Moorman, David Aker, Thornton Alexander, Paul W. Way Stephen Segraves, W. Page, Philip Allen, Jesse Way, Josepl: Botkin, William Kizer, Micajah Puckett, James Alexander.

The town was divided into five wards, and a Trustee was chos- en for each ward :

First Ward, northeast square, Elias Kizer ; Second Ward, north front and northwest square, Nathan Garrett ; Third Ward, west front and southwest square, Jeremiah Smith ; Fourth Ward, south front and southeast square, John D. Stewart ; Fifth Ward, east front, Jesse Way.

October, 1839, eleven indictments were found against one person for selling liquor. He was found guilty and fined $2 in each case, and the costs also were assessed against him.

On file in the "pigeon holes " are found immense quantities of all sorts of things. Among them are great numbers of old " bonds." From these were selected the following "grocers' bonds," given at various times :

James Burke, 1835; James H. Hart, 1836 ; Thornton Alex- ander, 1836; John Neff, 1836 ; Jesse Cartwright, 1836 ; S. Dy. 1837 ; A. B. Hester, 1837; A. Garinger, 1838; D. S. D. 1838 ; Michael Aker, 1838: Henry Neff, 1838; Alexandr." Martin, 1838 ; William Page, 1839.

Thornton Alexander is probably the one who was afterw :: elected Sheriff, became a sot, and finally died some years after ward with delirium tremens ; and from his desolate dwelling whi his lifeless corpse lay stiff and gaunt therein, the ladies of Win- chester, headed by the widow of the wretched man. marched it. long and grim procession to the groggery of William Page, and knocking in the heads of his barrels and what-not, spilled the abominable, murderous stuff into the street, out of which startling transaction grew the noted " Page Liquor Case," so famous twen ty-five years ago. And the same terrible demon of the drinl. traffic raises still its devilish head, and eagerly goes about to de stroy everything fair and lovely and of good report.

Hundreds, possibly thousands, of indictments have been ef fected against liquor sellers in Randolph County, and scores o men have been fined for selling strong drink " contrary to law.' Yet men are to be found who, for money, will carry on the mis chievous traffic, and law-makers will still play with the wild beast Alcohol, as though it were a merry, gamboling kitten to be petter and cuddled, instead of being, as it is, a fierce and ruthless mon ster to be throttled and slain, with its horrid carcass burned i ashes and scattered to the four winds.

CURIOUS CASES.

In 1842, Philip Kabel, a wool-carder, sued one Jonathan Frier for slander. The complainant charges that Frier had sai publicly of Kabel, " He spoiled my wool," " he stole ten pound-

HISTORY OF RANDOLPH COUNTY.

out of sixty, and that before my eyes." After a severe quarrel, the matter was settled apparently; Frier agreed to haul a load of wheat to Lawrenceburg for Kabel and to take him and his family on a visit into Wayne County, Ind .; and on this promise from Frier, Kabel withdrew the slander charge from court.

It would secm, however, that Frier broke his agreement. At any rate Kabel sued Frier for damages for breach of contract and recovered $4. Frier appealed to the court and a judgment was rendered against Frier, but only for $3. Whether that was the end, and how much was the cost we do not know. It must have been considerable, and, moreover, must have been somewhat equally divided. Frier would have to pay the first costs, since he was beaten, and Kabel would have to pay the second since the amount was lowered in the court above. But what a com- ment on the folly and passion of men !

ANOTHER CASE.

A father was a farmer, his son was a blacksmith. They dealt and kept accounts ; on a petty disagreement as to items of account, one sued the other before a Justice, and the beaten one ap- pealed to court. When the case was decided the parties pro- voked each other into a fight in the court yard, and a severe battle took place; suits followed, and so on until both were broken up after years of bitter hostility and estrangement, and hundreds, perhaps thousands of dollars expense.

CASES IN COURT.

Fey, for killing Heltz, his son-in-law, in 1845, convicted of murder, sentenced to be hanged, commuted to imprisonment for life, hung himself in prison soon after entering penitentiary.

Calvin Bunch, for poisoning his wife near Bartonia in 1863, convicted of murder in first degree and sentenced to imprison- ment for life; pardoned by Gov. Gray in 1880.

Barney Hinshaw for killing Abram Heaston in Winchester, acquitted on the ground of self-defense.

-, for killing Kennon at Union City, adjudged guilty of manslaughter with three years in penitentiary.

Another murder at Union City, we have not the names.

Case of John H. Lewis and son, for killing young Lumpkin in 1879. A terrible case of passion ; one man killed and two badly wounded, concerning a ditch across a pike.

The public mind was greatly aroused, and many thought it a clear case of willful murder; the result, however, as tried in Jay County, was a verdict of acquittal, which ending was, to say the least, entirely unlooked for and, to many, utterly unaccountable.

Case of State vs. Woodbury was a remarkable one, in which a sister undertook to fasten upon another sister the charge of having set a barn on fire to spite herself against a suitor for giving attentions to another. The trial occurred seven years after the burning of the barn charged upon the young woman. The result was a verdict of acquittal, which is thought to have been in accord with the general sentiment.

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History of Randolph County, Indiana with illustrations and biographical sketches of some of its prominent men and pioneers : to which are appended maps of its several townships, Part 22

Author: Tucker, Ebenezer Publication date: 1882 Publisher: Chicago : A.L. Klingman Number of Pages: 664

Author: Tucker, Ebenezer
Publication date: 1882
Publisher: Chicago : A.L. Klingman
Number of Pages: 664