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 23
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A very curious case was tried in the Circuit Court, in the fall of 1880. Hartzell vs. Hartzell, in which both man and wife sued mutually for divorce, but the judge denied them both, so that in law they are still one, although in fact distinctly and decidedly two.
CASE IN PROBATE COURT.
In the time of Judge George Debolt, a jury was trying a case which had already taken a week and was likely to take two weeks more. The wages of the jury were 25 cents a case. Some of the jury were Asahel Stone, W. W. Smith, Elias Kizer, Pearson, etc. Pearson had lost a child and was nearly crazy with grief, and the jury finally agreed out of consideration for him. But during the progress of the case, after a week's sitting as above stated, the jury rebelled, and informed the Judge that they must have pay or they would refuse to continue. The Judge was surprised, and said to them: "Do you know it will be
my duty to send you to prison for contempt of court ?" "We do, and we shall not resist your order if you make it." The worthy Judge was nonplussed, but the parties to the suit came to the rescue and agreed to pay the jury per diem till the trial was ended, which was some three weeks or more.
The courts in their various forms furnish sad commentaries upon the failings and crimes of the human race, as also upon the curious and strange " tangle" into which, often, in spite of everything, business will manage to fall. He that knows enough to keep " clear of law" is indeed an exceedingly wise and wonder- fully fortunate man.
In old times, a landlord who had been engaged for years in a wearisome and expensive lawsuit, upon the decision of the case, painted a new sign for his hotel, having on one side a man clothed in rags, and on the other a man with no clothes at all. When asked the reason for such a freak, he replied, "The mar in rags is the successful party in a lawsuit, and the man in puris naturalibus is the one who is beaten."
RECORDS OF COMMISSIONERS' COURT.
The record begins in November, 1818.
Superintendents of school sections were appointed : William Hockett, Townships 18 and 19, Range 14.
John Wright, Township 20, Range 14. James Massey, Townships 19 and 20, Range 13.
Expenses of establishing the county seat were found to be $97. Two and a half pages of record were made at the first session.
December, 1818, contract was entered into for building a court house and jail ; two pages of record.
February, 1819, two pages.
May, 1819, George Bowles appointed Lister (Assessor) ; cost of assessing the county, $10; county tax was 25 cents on each "horse beast; " three pages of record. Commissioners' wages, $2 per day.
August, 1819, five pages.
November, 1819, Jesse Johnson, Treasurer, allowed $13 for services to November, 1819.
West River laid off from west line of Section 16, Township 18, Range 14, north to White River and west to county line; record, seven pages.
February. 1820, Abner Overman. Lister; four pages of record. May, 1820, four pages.
June, 1820, special session upon the court house and jail : one and a half pages.
August, 1820, Ward Township created, whole north part of the county ; Wayne Township also, extending indefinitely north- .ward to Fort Wayne, etc. [Records missing up to Nov., 1825.] November, 1825, first session of Board of Justices; two pages. January, 1826, Robert Way was allowed $5.25 " for ' blazing lines ' through the woods for streets in the town of Winchester,' six days ' work, 873 cents per day ; four pages record.
March, 1826, two pages.
May, 1826, Joshua Foster, who had been Commissioner of Greenville & Winchester State road, had removed from the re- gion, and John Nelson was elected in his room.
Road laid out from Hockett's road three-quarters of a mile north of "Gass' " in an irregular direction to the State road at Vernon." [Where is that ? Perhaps Sampletown-No one now seems to know.] Eleven pages of record. David Vestal was paid $5 for assessing Liberty Township (Delaware County.)
July, 3, 1826-Special-two pages; called to arrange for a new brick court house.
July 29. 1826, conditions for court house agreed upon ; two and a half pages.
September, 1826, David Wysong had contracted for building a new court house ; the price does not appear. He is allowed $225 extra for rock foundation instead of brick ; four pages.
November, 1826, three pages.
Truly yours I. n. Converse
75
HISTORY OF RANDOLPH COUNTY.
January, 1827, David Wysong is paid $292.50 in part for work on court house.
March, 1827, one and a half pages.
May, 1827, Robinson McIntyre appointed Trustee of Semi- nary Fund for three years ; nine pages.
July, 1827, bounty offered for wolf scalps ; 123 cents over six months old, 6} cents under that age, except old prairie wolves. Stony Creek was laid off, comprising Townships 19, 20 and 21, Range 12; two pages record.
Account of sales of lots in Winchester by Paul W. Way, County Agent :
First sale, November 6, 1818, thirty lots, $1469.76; second sale, September 30, 1819, fourteen lots, $736.32 ; third sale, Sep- tember 26, 1822, eleven lots, $269.16; fourth sale, February 26, 1825, eleven lots, $208.26; fifth sale, November 26, 1825, eighteen lots, $121.15; sixth sale, January, 1828 (items not given).
September, 1827, Albert Banta was acquitted of 13 cents tax on town lot; John Coates, 16 cents for the same, which doubtless made them feel better; William Smith was allowed $6 for keeping Judith Ray, an infant pauper, three months ; Curtis Cleny was allowed $11.44 for keeping Levi Hale, a pau- per, three months ; three and a half pages.
November, 1827, road laid out leading from Winchester toward Richmond, between Obadiah Harris and Jolin Moor- man, by William Connor's, Hezekiah Hockett's and the meeting house near William Hunt's; two pages. January, 1828, one and a half pages; March, 1828, 5 pages. Inside work of court house let. May, 1828, twelve pages ; July, 1828, two pages ; September. 1828, five pages ; November, 1828, Paul W. Way was allowed $189.90 for work on court house. January, 1829, Solomon Wright was allowed $112.50 for work on court house. David Heaston, allowed for same, $109.67 ; Abraham Kerne ac- quitted of 43 cents tax; Elijah Arnold adjudged a resident ; three pages. March, 1829, four pages ; May, 1829, fine re- ported by Justice assessed against John Stevenson for swearing ten oaths, $10; allowance made for keeping pauper six months, $12; twelve pages. July, 1829, three pages.
September, 1829, Ezekiel Williams is reported as fined for swearing ten oaths, $10; for something else, $2; total, $12. Joseph Crown is allowed to work at his trade in the west room of the court house; seven pages.
January, 1830, road is laid "from the west end of Hezekiah Hockett's lane to the Wayne County line, at the southeast cer- ner of Martindale's deadening." Surveyors now might have some trouble in locating that road ; Surveyor Jaqua would better be set to find the route. But the parties then knew where the road was to be and the Commissioners thought that was enough.
December, 31, 1829, John Mann fined for working on Sun- day in his clearing, $1; no costs charged, David Semans, J. P .; four pages ; March, 1830, five pages. May, 1830, Travis Adcock is allowed $1.50 for three days' time spent in attending to a pauper. Philip Storms then lived in the county since he is ap- pointed supervisor in place of Charles Simmons; thirteen pages.
July, 1830, four pages. David Semans, President.
September, 1830, four pages; November, 1830, two pages, William Hunt, President; January, 1831, John Odel, County Treasurer, four pages ; Treasurer's Report for 1830, $869.24; Treasurer's Commission, $25.90.
Joel Ward is engaged to do work at his own price ; if he and the county do not agree, a committee of workmen are to settle the dispute, and he may draw at any time for $50. May, 1831, four pages.
Road laid from southwest corner of Samuel Smith's fence to the crossing south of Jackson's, thence to new road at the north end of William Smith's lane. Charmingly accurate and clear description, only " Samuel Smith's fence," southwest corner and all, is probably gone long ago.
Commissioners' Court revived and county divided into three
districts > First District, east of line dividing Townships 15 and 16, Range 14. Second District, west of said line to the line between Townships 15 and 16, Range 13. Third District, west of said last line.
Commissioners met September, 1831. Cartway laid out from Winchester across ford of White River to Lewallyn's mill, five pages.
November, 1831, five pages; January, 1832, report of Paul W. Way, agent, in settlement; total receipts, $2,679.02}, sct- tled in full; eight pages.
May, 1832, Jere Smith appointed Commissioner of the " three per cent fund." Ordered as follows (of that fund): $50 to the bridge over White River east of Winchester, $30 to the bridge over Sugar Creek, $500 upon the road from Winchester to New- castle. S. R. Shaylor, J. P., reports: Three men fined for swearing, $3 ; fine for assault, $1 ; fine for disturbing religious meeting, $1; eighteen pages.
September, 1832, State road from Winchester to Newcastle located shortly before ; expenses of location through Randelph paid by Commissioners ; length of road in Randolph 17 miles, 28 chains, 47 links; November, 1832, seven pages; January, 1833, County receipts, $796.13; March, 1833, John Odle, Treasurer, reports : Receipts, $2.50 ; expenditures, $1.50; balance on hand, $1. Jeremiah Smith appointed Treasurer one year.
May, 1833, Jere Smith, Surveyor, makes reports of the loca- tion of the following roads : State road from Richmond to Fort Wayne; State road from Winchester to Newcastle ; State road. from Greenville (via Ridgeville and Fairview) to Saunders' in Delaware County.
September, 1833, Andrew Aker is appointed Commissioner of the three per cent fund, the avails from which fund are said to be $500. Paul W. Way is put in charge of road from Winches- ter toward Fort Wayne to expend $150. David Heaston is to expend $150 on the Greenville road ; David Frazier is to apply $90 on the road toward Richmond, and $70 toward New- castle.
November, 1833, Jackson laid out, including also all of what is now Wayne. Treasurer's receipts; $775.73.
January, 1834, Green laid out, present limits and two and a half miles of what is now the north end of Monroe ; Treasurer's receipts, $759.19; taxes laid-license for capital in trade, $1,000, or less, $10 ; license for each addition thousand, $5; license for grocery, $10; license for selling wooden clocks, $10; license for tavern, $10; license for covering herses, one price per season ; horses, 373 ; oxen, 374 ; watches, 37} ; carriages, four wheels, $1; carriages, two wheels, 50; brass clocks, $1; town lots, two per cent; first rate land, 1 cent per acre ; second rate do, ¿ cent ; third rate do, } cent; Treasurer's report, $221.42.
September, 1834, half a mile taken from Greensfork and added to Washington, Andrew Aker appointed Treasurer; re- ceipts for the year, $1,070.94} ; Joel Ward's work viewed by referees and adjudged to be worth $188.00 (moral, agree upon the price beforehand) ; Salamonie Township (Jay County) erected.
January, 1835, Nettle Creek, created with one mile also that now belongs to Stony Creek. West River arranged seven miles long and four miles wide (east line one mile west of present line).
May, 1835, Madison Township laid off in what is now Jay County, five miles wide on the east side of Jay County ; meeting advertised by the Sheriff for the formation of an agricultural so- ciety to be held on the last Saturday in May, 1835.
September, 1835, two paupers farmed out at $30 per year ; road laid beginning at the southwest corner of Robert Bunker's door yard; nice place to begin at.
March, 1836-Building an office for the Clerk and Recorder. Ordered to be let by Jere Smith. It seems from subsequent en- tries that David Heaston took the contract. .
November, 1836-Three per cent funds on hand, amounting
76
HISTORY OF RANDOLPH COUNTY.
to $1,914.22. Ordered to be expended thus: Greenville State road, $700; Richmond and Fort Wayne, $800; Centerville Road, $250; Newcastle, $114.22; Muncie, $50.
November, 1836-David Heaston undertook the contract to build an office for the Clerk and Recorder.
Samuel Skaggs was appointed Trustee of " Library Company" in place of Jere Smith, resigned.
March, 1837-Treasurer's receipts, $1,808.16.
May, 1837-License on vending wooden clocks at $60. Andrew Aker, Treasurer.
March, 1838-Union Township, four miles square laid off, embracing the north end of West River Township. Edmund B. Goodrich and Jere Smith appear as Commissioners of the Semi- nary fund.
Reports from seven Congressional townships show funds amounting to $2,640.81.
May, 1838-County divided into forty seven road districts. September, 1838-Wayne Township cut off from Jackson. Nathan Garrett licensed to keep tavern.
May Term, 1839-Court house not done. Paul W. Way directed to relet the job of completing it. It had been let to David Heaston, but he would not fulfill the conditions of the contract.
Benjamin Inman was allowed a license to sell goods at Springboro.
Receipts for county from January to November, 1839, $1,842.691.
Michael Aker contracted for finishing the court house for $2,480.
That second court house would seem to be almost as long in building as Herod'a Temple in Jerusalem. "Forty and seven years was this temple in building, and wilt thou destroy it in three days ?"
J. L. Addington was paid for attending the agricultural society 75 centa.
William Kizer, Collector-Receipts $2,707.242. Three per cent fund expended that year.
S. D. Woodworth, $1,894.27. H. D. Huffman, $318.79.
State road from Winchester via Ridgeville, Mount Pleasant and Camden to Bluffton, located.
Also road located from Cambridge to Fort Wayne ; field notes recorded. Remonstrance presented against taverns and groceries to sell intoxicating drink, signed as follows, dated June 1, 1840: George W. Goodrich, W. C. Willmore, Moor- man Way, George W. Monks, James W. Olds, E. B. Goodrich, G. W. Henderson, David Aker, Robert Way, W. M. Way, Philip Allen, S. B. Cunningham, Elias Kizer, Robert Woody, Paul W. Way, James Butterworth, David E. Heaston, John. Way, Thomas Best, Nathan Wooters, Asahel Stone, W. G. Puckett, Cary S. Goodrich, Mary Reeder, R. Irvin, Nelson S. Ball, Henry Diggs, William Holderman, John Leake.
March, 1840-Heman Searl received license for tavern at Deerfield.
May, 1840-Clock peddlers' license, $100.
August, 1840-J. L. Addington was allowed $2 for attend- ing agricultural society.
March, 1845-Roads located. State road from Huntsville via Unionsport, Macksville, and Fairview into Jay County, nine- teen and threc-quarter miles in Randolph County.
State road from Deerfield to Granville, Delaware County, via Steubenville and Fairview, twelve and two-third miles in Randolph County.
COUNTY AGENT.
It would seem from the "record" that the business of County Agent, beginning at the first establishment of the county, con- tinued a long time.
Paul W. Way was appointed County Agent in 1818, to sell lots in the county seat, etc., and in June, 1852, thirty-four years after his appointment, he reports business as follows : Moneys received aince February, 1847, $497.79, with vouchers for the
same. Whether this report closes his business the statement does not say.
1856-Two brick buildings were erected for county purposes.
It would appear that the second court house of 1826 was a " poor job" and became worthless so as to be abandoned. These buildings as above were erected for county offices, jail and Sheriff's. residence, coupled with halls for secret societies in rooms above, and the courts were held for years in what is now Ward's Hall, north of the public square.
June, 1859, Franklin Township erected, the last and smallest in the county.
June, 1875-New court house put under contract.
April, 1877-New court house completed.
Spring of 1881, new jail contracted for and commenced, A G. Campfield, contractor, Hodson, architect.
PROBATE COURT.
At first and up to 1834, the Associate Judges acted as a Pro- bate Court. From 1834 to 1852, there was a distinct Probate Court presided over by a separate Judge.
From 1852 to 1873 tho Probate business was done by the Court of Common Pleas.
In 1873, the Court of Common Pleas was abolished and the Probate business was transferred to the Circuit Court.
The first to administer the affairs of Probate for Randolph County were Hons. John Wright and William Edwards, Associ- ate Judges for the county, elected August, 1818.
The first court seems to have been held May 3, 1819. At that time Antony Way (son of " Hnldy " Way ), aged ten years, nine months, was bound to Thomas Frazier to learn "farming." He was to receive eighteen months in all, schooling, and at his majority $100 in a horse, saddle and bridle, and one good suit of new cloth clothes. Thinking that a veritable " bond of Apprenticeship " "all of the olden time" would be a "curi- osity " to the present generation, we subjoin the "bond " by which Thomas Frazier, master, and Antony Way, apprentice, were mutually obligated to care and instruction and service :
This Indenture, made this third day of May in the year of our Lord, one thousand eight hundred and nineteen, Witnesseth : That Antony Way, son ef " Huldy " Way, aged ten years nine months sud five days, by and with the consent of his guardian, Jonathan Ozhurn, hath, of his own free will, placed and bound himself to Thomas Frazier, to learn the art of labor or husbandry, and with him the enid Thomas Frazier to dwell. continue, and serve from the day of date hereof until the said Antony Way shall accomplish and arrive at the full age of 21 years; during all which term of years the ssid Antony Way his said master shall well and faithfully serve, his secrets keep, his lawful com- mands glally do and obey; hurtte his master he shall not do, nor willfully suf- fer it to be done by others, but of the same to the utmost of his power shall give notice fortbwith to his said master; the goods of his said master he shall not embezzle nor waste, nor them lend without his consent to any; at cards, dice, nor any other unlawful games he shall net pley; taverns nor ale houses he shall not frequent, * * * * * * * matrimony he shall not contract, f om the service of his said master ho shall not absent himself without his mas- ter's consent; but in all things as a good and faithful servant ehall and will de- mean and behave himself toward his said master and all his during his said term. And the enid master his ssid eervant in the art of husbandry will teach and instruct or cause to be well and sufficiently instructed after the best way and manner he can ; aod shall and will find and sllow to his said servant meat, drinks, lodging, and "apperrill." both linen and woolens and all other neces- saries fit and convenient for enid servant during The term sferesaid ; and also shall, for the space of one year between the date hereof and the time when tho said Auteny Way shall come to be fifteen years of age, put the said Antony to some good English school Jo be instructed in reading and writing and arithme -- tic. and also six months when the said Antony is between the age of 18 and 20, to be instructed as nteresnid; and at the expiration of the said term of servi- tude for the said Antony the said Thomas Frazier shall pay to the said Antony the sum of $100, to be discharged in a horse, saddle and bridle. and also one good suit of new cloth clothes. In witness whereof we have hereunto set our hands and seals the day and year first above written. his
ANTONY X WAY, [SEAL. ] mark.
Attest, CHARLES CONWAY, Clerk. THOMAS FRAZIER, [SEAL.]
Under date of March, 1821, stands an inventory of goods be- longing to Isaac Burnett, a deceased Indian trader, who had been located at Fort Wayne, then and for some years longer in Ran- dolph County.
Some of the items appear below.
77
HISTORY OF RANDOLPH COUNTY.
347¿ yarde blue calico, at 35 cents ..
$121 71
9 yardu Russia sheeting, at 76 cents. 6 75
21 yards English calico, at 628 conta 18 25
76 yarda domestio cotton, st 30 cents. 22 20
72 good ooon akins, at 40 cents. 28 80
82 bad coon skins, at 20 cents.
16 40
4 catt, 1 rat, 2 bear skins (sio).
5 00
1 sorrel horse ....
Money on hand ..
153 00
56 pounde butter, at 122 cents.
7 00
192 pounds powder, at 874 cents.
16 434
Silk handkerchiefs, ahawle, cross-barred handkerchiefs, scarlet
olathes, blue cloth, blankets, surcingles, bridles, legging straps, knives, apurs. plumes, snuff boxes, fine combs, flints, sorew nippers, playing asrda, 26 looking glasses, wampum, belts, files, rasps, sbears, bits, striped deer skins, moccasins, saddlo bags, ribbous, etc., eto ....
25 00
20 best fine oomba, at 374 cents ....
7 50
657 ear bobs.
6 00
8 pair small ear wheels.
4 50
1000 white wampum.
4 00
950 purple wampum.
4 00
7 tomshawke ..
6 124
2. traps.
6 00
42 deer skina.
2 00
1 breechcloth, etc., elc., eto ..
B. B. KERCHEVAL,
JOHN P. HEDGES,
Appraisers.
THOMAS FORSUTH,
SAMUEL HANNA, Administrator.
FORT WAYNE, March, 1821.
FIRST WILL.
The first will on Record is that of John Ozburn, decedent, of Clinton County, Ohio. Its provisions are in brief, as follows :
1. Pay his debts and expenses.
2. Pay to Daniel Ozburn (his son) and his heirs forever, $1.
3. Pay his daughter, Ann Kersey, and her heirs forever, $1.
4. Pay Sarah Way's heirs, $1.
5. Pay Huldy Way (wife of Nathan Way) and her heirs forever, $1.
6. Give to John Ozburn a three-year old maro and one hun- dred acres of land (he to support his mother during life, or widow- hood).
7. Give to Jonathan Ozburn sixty acres, the rest of the 160 acres (left after the one hundred acres on the north side has been taken by John Ozburn) upon payment of $80.
8. Pay to Mary Ballard and her heirs, $1.
9. Give to Susannah Ozburn and her heirs forever, a cow and $10.
10. To my beloved wife, Sarah Ozbarn, all my movable property during her widowhood, then to return to John Ozburn, to be his forever, except her wheel and bed; she to have pos- session of the one hundred acres willed to John Ozburn, and sup- port therefrom during widowhood.
FIRST ADMINISTRATION CASE.
April 30, 1821 : Estate of John Moore. Administrator, David Wright. Sale May 25, 1821 :
Feathers, $7.27 ¿; one stew-kettle, $2.05; one flax wheel, $1.39; one weeding hoe, 96 cents ; one Yankee hoe, 75 cents ; one kettle and bale, $4.06; one mare and bridle, $42.91 ; one bake oven and bale, $1.80; six pewter plates, $2.51; one castor hat, $1.76. Total, $84.81.
FIRST GIRL APPRENTICE.
April 8, 1822, Mary Moore, four years ten months, Solomon Wright, guardian, bound to James Massey till eighteen; to have schooling one year, and, at majority, one suit of clothes, one feather bed and furniture, and one cow and calf.
April, 1822, George Burkett obtained letters of administra- tion on the estate of Dr. William Turner, of Fort Wayne, de- ceased.
April, 1822, Daniel Ozburn came into court with receipts
from six legatees of John Ozburn, decedent, and paid $1 to the court for the heirs of Sarah Way.
July, 1822, Samuel Hanna, administrator of Isaac Burnett, of Fort Wayne. deccased, returns inventory and bill of sale, con- taining among other things, as follows :
Sixty-seven deer skins at 13 cents, $8.71; twenty-six coon skins at 27} cents, $5.33; thirty eight dressed deer skins at 36 cents, $13.68 ; seventeen muskrat skins at 16 cents, $2.72; re- porting the debts to be $5,469.18. The estate was declared bankrupt, and an order issued to sell two sections of land belong- ing to the said decedent. The land had been granted to him at the treaty of St. Mary's in 1818, in connection with the Potta- watomies. Permission of the President of the United States for the sale had to be obtained, which was granted by James Monroe, and the land was sold.
Also his undivided interest in six sections granted to his chil- dren which he had by an Indian woman, Cakama, & Pottawato- mie, sister of Toppemba, principal chief of the nation. The land was appraised at 682 and 50 cents per acre.
The tract on Tippecanoe River was sold at 70 cents, and that on Flint River, Michigan, for 50 cents per acre. Total, $768.
July 22, 1822, George Burkett, administrator of Dr. William Turner, returned the bill of sale, containing the following items.
" Waggon" $80 00
Cow and calf. 10 50
Cow and calf. 14 00
8 00 1 Box surgical instrumenta. Medicine .. 16 00
1 Sofa .... 16 564
] " Beaureau" 21 00
Shovel and tongs.
4 374
1 Horse (widow) 20 00 Knives and forks .. 6 642
3 Yearlings and & calf (all). 18 00
Pair decenters. 15 00
10 Wine glasses.
1 62}
Head cattle
18 37}
Dozan tumblera
8 60
1 Large tin kettle ..
5 124
2 Beds and furniture. 18 50
Set castors and glasses.
5 00
1 ' Lantorn"
4 00 Umbrella 2 00
Angust, 1824, first guardian, self chosen, was by Adam Ki- zer, minor son of Henry Kizer ; guardian, Charles Conway ...
WILL OF JEREMIAH COX, RECORDED MARCH 29, 1830.
1. Pay his debts and personal charges.
2. To his sons Jeremiah and Elijah 160 acres each, previous- ly deeded to them.
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