A history of Adams County, Ohio, from its earliest settlement to the present time, including character sketches of the prominent persons identified with the first century of the country's growth, Part 12

Author: Evans, Nelson Wiley, 1842-1913; Stivers, Emmons Buchanan
Publication date: 1900
Publisher: West Union, O., E.B. Stivers
Number of Pages: 1101

USA > Ohio > Adams County > A history of Adams County, Ohio, from its earliest settlement to the present time, including character sketches of the prominent persons identified with the first century of the country's growth > Part 12

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

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THE EARLY COURTS

wise a piece of ground proper whereon to erect public buildings." It is probable that Massie and his friends had what is known as a "cut and dried" arrangement with the court in this proceeding, as it is their first participation in the affairs of the court since the removal of the county seat from Manchester. Those opposing Massie were divided in their choice of a site for the future capital of the county, as the following rec- ord clearly discloses: "Whereupon the following offers were made : Fifty acres at the mouth of Turkey Creek, by John Belli; one acre in the town of Manchester by Nathaniel Massie ; one acre in the town of Adams- ville by John S. Willes; two acres near the mouth of Brush Creek by Noble Grimes; one acre in the town of Adamsburgh (Killinstown) by James Collins, as proper places."

The discussion of the above propositions pro and con, occupied the time of the court the entire day, but when the decision of the court was finally rendered it was "ordered that the public grounds in Manchester be received;" whereupon the court adjourned, Massie and his friends having triumphed in the contest.

The next session of the court was the last held in the town of Adams- ville. The record reads :

"Territory of the United States Northwest of the river Ohio, Adams County. The Court of General Quarter Sessions met agreeable to ad- journment at Adamsville, September 11, 1798.

"Present : Nathaniel Massie, John Belli, John Beasley, and Thomas Kirker, Esquires."

This was the last session of this court at which Nathaniel Massie sat as a justice. Ross County had been erected by proc- lamation of the Governor August 20th, and if Massie had not removed from Buckeye Station to Chillicothe prior to the convening of this court, he did so very soon thereafter. About this date, also, the opposition to Massie in his efforts to fix the seat of justice at Manchester, succeeded in having the order of the court removing the county seat from Adams- ville to Manchester, revoked : and the town of Washington laid out by Noble Grimes, at the mouth of Brush Creek, was made the seat of justice for the county.

The grand jurors for this session of the court were: Thomas Aerls, Jonathan Boyd, Cornelius Williams, Joseph Lovejoy, John Mc- Cutchen, David Lovejoy, William McClelland, William Markland, Zep- haniah Wade, Hector Murphy, Joseph Evler, James Collins, Daniel Robins, James Andrews, William Baker, Zedick Markland.

First Indictment.

The first indictment returned before this court was filed at this ses- sion and as a bit of quaint historical matter is given here in full : "United States vs. Isaac Stout. Defendant.

"Be it remembered that at a Court of General Quarter Sessions held for the county of Adams, in the town of Adamsville, in the Territory of the United States Northwest of the river Ohio, before Nathaniel Massie, John Beasley, John Billie and Thomas Kirker, Esquires, Justices assigned to hold Court of General Quarter Sessions, etc., on the twelfth day of September, 1798, the plaintiff brought hereinto court their certain bill in these words, to-wit:

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HISTORY OF ADAMS COUNTY

"Territory of the United States Northwest of the river Ohio, Adams County, to-wit: The grand inquest in and for the county aforesaid, on their oaths present that Isaac Stout on or about the thirteenth day of March in the year of our Lord one thousand seven hundred and ninety-eight, at and within the county aforesaid, did for the sake of lucre and gain, vend and retail a less quantity than two gallons of a certain fomented liquor commonly called cider, not being licensed or qualified agreeable to law, for retailing and vending. And vending the same to the evil example of all others in like way offending, and against the form of the Act of the Territory aforesaid in such case lately adopted, etc. William McMillan for Arthur St. Clair, Jun., Attorney General.

"Unto said bill the defendant pleads 'guilty.' It is therefore con- sidered by the court that the plaintiff recover against said defendant one cent damage and costs taxed to - dollars."

First Trial . Jury.

. At this session of the court, the first trial jury was summoned to sit in judgment in the case of the United States v. William' Osburn charged with the larceny of a hog, the property of John Lindsey.

This jury was composed of Daniel Collins, Archibald Morrison, Obediah Stout, James Williams, Daniel Bailes, John White, David Bradford, George Edwards, John Worley, William Dunbar, Joseph Collier, and John Hamilton, "who being elected, tried, and sworn the truth to speak upon issue joined do say that the defendant did not feloniously steal, take and convey away a hog as in manner and form as · the bill against him hath alleged, and do find he is not guilty."

"Whereupon the court discharged him the said William Osburn."

John S. Wiles prosecuted for Arthur St. Clair, Jun.,. Attorney General of the Territory. Francis Taylor defended the accused.

The County Seat Removed to Washington.

On December 11, 1798, the court met to hold its first session in the new town of Washington. The Judges present were: John Bellie, Moses Baird, Noble Grimes, David Bradford, and John Russell, Esquires. The sheriff was not present at this session and no grand jury being re- turned the court adjourned on the 12th without having transacted any business other than granting an application for a recommendation to the Governor to grant John Hessler a tavern license. He was the father of old Mike Hessler, who kept a famous inn at Piketon in antebellum days, and whose testimony is quoted in the trial of Edward Hughes for treason, noticed in this volume.

The March session was held at Washington with John Beasley, John Bellie, Moses Baird, Noble Grimes, David Bradford, Thomas Kirker, and John Russell, present.

The grand jury at this term was composed of the following named persons : David Edie, Joseph Collier, Joseph Washburn, Nathaniel Washburn, Hardin Crouch, John Briggs, William McClaren, Allen Simeral, John Crawford, Alexander Smith, Henry Edwards, Conrad Hofman, William McGarry, Richard Davis, and Joseph Lucas.

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. THE EARLY COURTS

The court appointed George Gordon and James Edison commis- sioners for the county. The time of the court was taken up in the ap- pointments of road supervisors and in hearing and granting petitions for new roads.

The next session of the court convened at Washington, June II, 1799, with Judges Bellie, Grimes, Bradford, Kerr, and Kirker present. The grand jury was composed of John Ellison, Phillip Lewis, John Leitch, Robert Foster, John Bryan, John Clark, David Decamp, Peter Rankin, Zephaniah Wade, John Reed, John Cook, John Vastine, James Brown, James Hemphill, William Wade, Alexander Varner, and James McGovney.

John Reed, one of the grand jurors, charged that "Noble Grimes, gentleman, felonously and forcibly took from the court house at Adams- ville, a quantity of plank, the property of the county," and the grand jury thereupon indicted Grimes, who was at that time sitting as a member of the court. He was taken into custody by John Barritt, sheriff, and recognized to appear at the December term. At that term the record states that Grimes appeared "under the custody of John Barritt, Esquire, sheriff of the county aforesaid, whereupon Robert Slaughter, Esquire, deputy for the Attorney General, who prosecutes for the United States, in this behalf enters a nolle prosequi and the said Noble Grimes goes without day."

At this sitting of the grand jury a great many indictments or "pre- sentments" were returned to the court against divers persons, mostly for assault and battery, selling whiskey in quantities less than one quart, and for larceny of hogs and horses. These animals ran at large in the forests, and sometimes would wander many miles from the residence of their owners. Frequently it is noted in the early commissioners' journals, of estrays from settlements on the Miami River, having been taken up in the valley of Ohio Brush Creek. Sometimes the owner never appeared to claim these estrays. And often it would be months before they would be recovered. This led to a great deal of trouble and annoyance, in case a horse had been held as an estray for a great while, and afterwards disposed of without complying with the provisions of the law in such cases, when the person found in possession would often be charged with horse stealing. The following curious "presentment" is an instance of such charge :

"The Jurors of the Territory of the United States Northwest of the river Ohio, for the body of Adams County upon their oath present that William Keith and Zedock Markland, yeomen, on the first day of June ": in the year of our Lord one thousand, seven hundred and ninety-eight, at the county aforesaid, with force and arms to-wit: with swords and staves and knives, one mare of the goods and chattels of a certain per- son to the jurors aforesaid then and still unknown, then and there found, and being feloniously stole, took and led away against the peace, gov- ernment, and dignity of the United States and this their Territory." "A true presentment. ' John Ellison and Fellows."

At this term of the court attachments were issued for Alexander Smith, George Edgington, John McGitt, Peter Mowry, Nathan Rodgers, Adam Pennywitt, Phillip . Roush, Henry Edwards, Jacob Beam, Thomas Lewis, Isaac Wamsley, and Anthony Franklin for "contempt

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HISTORY OF ADAMS COUNTY

of the court's precept issued to the sheriff for summoning a grand jury" at the previous term of said court.

The September session of the court was held in the town of Wash- ington beginning the tenth day of the month, with John Bellie, Moses Baird, Noble Grimes, Thomas Kirker, Joseph Kerr, John Russell, and Nathan Ellis on the bench.

Grand Jury: John Ellison, Duncan McKensie, Robert .Ellison, William Hannah, Needham Perry, John McCutchin; Daniel Sherrard, Alexander Smith, David Mitchell, William Russell, Jonathan Ralston, Alexander Ratchford, John Briggs, John Harmomon, John Davidson, and John Pollock.

Joel Bailey appointed Court Cryer by order of the Court.

The attention of the court was directed for the most part to hearing petitions for, and objections to the location of public roads.

Rebecca Earl was put under a peace bond for six months, with Judge Ellis as surety. And John Evans was cited for contempt for not surveying, as per order of the Court, the road leading to the Sinking Spring. Thomas Aerl, prosecuting witness.

John Evans and Rachel Evans were before the grand jury to testify against Rebecca Earl for harboring John Irwin charged with horse- stealing. And "the court direct William McCord to be paid three dol- lars and thirty-six cents for six days' attendance as a witness from Kentucky against John Irwin, a criminal."

On the last day of this session, "Nathaniel Massie's Mike" appeared in court to claim his freedom." "The court ordered him, Mike, home and stay until next court, to be confronted by his master." (See Negro Slavery, Fugitive Slave Law, and Underground Railroad.)

December session, 1799, at Washington. Present: John Bellie. Noble Grimes, and John Russell, Esquires. Grand Jury: James January, John Pence, Peter Pence, David Moore, John Beam, John Smith, John Calloway, James Long, Ezekiel Moore, Benjamin Massie, Job Deming, John Cook, Thomas Black, Henry Bowman, Thomas Grimes, and John Killin.

At this term of court, John Reed, who had charged that Justice Grimes had "feloniously taken plank from the court house in Adams- ville to the value of five dollars," was tried for an assault on Justice Russell, and mulcted to the amount of ten dollars and costs ; the imposi- tion of which penalty was perhaps something like solace to members of the court.

Stephen Davison, Thomas Ryan, and James Ryan under indictment for letting John Irwin, charged with horse stealing, escape from the jail in Washington, were tried by a jury and acquitted of the charge.

Noble Grimes was allowed by the court the sum of fifty dollars for house room, firewood, etc., for use of the court for five terms and referred to County Commissioners for a final settlement.

So far, the members of this court, the names of grand jurors, and other characters connected with the administration of the court have been given in order to preserve for the future historian the prominent characters in the affairs of the county prior to the year 1800. The other justices who sat as members of this court following that year until the adoption of the first constitution, were Joseph Moore, Samuel Wright,

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THE EARLY COURTS

Mills Stephenson, after whom Fort Stephenson, the place of Colonel Croghan's heroism, was named, Kimber Barton, John Gutridge, and Joseph Van Meter. Some other matters of curious historical value to the student of our early customs and laws, are here given from the records of this court.

The table for use of the court was made by Henry Aldred for which he received the sum of six dollars.

There is an entry made at the March term, 1801, stating that "The clerk presented the account of William Jennings to the court for making the county seals for the Court of Common Pleas, the Court of General Quarter Sessions of the Peace, and for The Orphan's Court, and press with a screw for the same, amounting to twenty-five dollars, which sum was allowed by the Court, and the Clerk ordered to certify the same to the Commissioners."

John Stephenson was appointed in 1800 the keeper of the "stray pen," and was usually allowed two dollars a quarter for "his services therein."

At the June sessions, 1800, "The Court allowed Samuel Pettit three shillings and six pence per pannel for getting, hauling, and putting up twenty-four panel of post and railing for a stray pen in Adams County."

Some Quaint Indictments and Curious Cases.

In November, 1800, Mary Ailes, of Mason County, Kentucky, ap- peared before Justice Grimes at Washington and stated that she had been robbed at her home the August previous, relating a most wonder- ful story in connection therewith, whereupon the Justice prepared an affidavit, or as called "the deposition of Mary Ailes" in the language fol- lowing, barring the heading, etc .: "That H. and she believes W. came to her house 'one hour before cock crow' and 'pushed the door down and they both came in and asked if there was not a horse thief there and one met her at the room door and told her to surrender one thousand dollars ; and it appeared to her he had a pistol in his hand and a club and ordered her to open a chest which she did not,but he made the Negro boy give him the key and he opened the chest and searched it and threw out the clothes and there was some money in the chest which she believes he took; and further the deponent saith he went into the room and searched a trunk and threw the clothes out and took up a gun that stood in a corner and took the flint out and spit in the pan and the man that stood guard at the door told the man that searched to bring the gun along and he told him she was good for nothing. And further the de- ponent saith that the man that searched the house told the man at the door to guard the window. And the man that guarded the door pointed his gun at a Negro boy and a white boy that was at the fire and told them if they would stir he would blow their brains out. And further this deponent saith not."

The said H. and W. were duly arrested and gave hond in the sum of $200 each for their appearance at next term of court. And Mary Ailes who could neither read nor write, was put under bond in like amount for her appearance to prosecute the action. But at the convening of the court in December this entry was ordered made: "The Court are of the opinion and direct that H. and W. he sent to Kentucky there to

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HISTORY OF ADAMS COUNTY

appear before a proper tribunal for trial." And "Jacob Frizell take H. and W. and convey them to the first magistrate or any magistrate in Mason County, Kentucky, which is accordingly done."

It is quite probable that the deponent was mistaken in her identity of the persons accused, as they each were respectable citizens of Adams County, and lived there many years thereafter esteemed by all who knew them.

Another remarkable "deposition" deemed worthy of preservation here, is that of Adam Highbarger made before Justice Kirker in Jan- uary, 1802: "Adam Highbarger made oath that I was present at Pee Pee when John Lyons spoke to Major John Mannon and asked him if he would take a bag of salt down the river for Major Beasley for him; and Major Mannon agreed to do it ; and John Lyons asked me if I would go along round with him, to-wit, the said Mannon, which I did; and when we came to Manchester, Major Mannon told me to take it out of the boat, to-wit, the said Lyons' salt, which I did and asked Mr. Massie for leave to put the bag of salt in his boat, and he said I might, and I put it in his boat; and the next morning I went to Major Beasley's for a horse and got one, and came to the boat and asked Starling to assist me in putting the bag on the horse, and he refused and said he would not assist me nor touch it. And I think I asked Mr. Massie if I might Jeave the bag in the boat until I would go and tell Mr. Lyons, and he said I might and I left a pack-saddle with it."

"Question. Did you leave the salt in Starling's care?

"Answer. No. !

"Question. Have you ever seen the bag since?

. "Answer. Yes. I saw it in John McGate's cellar,

"Question. Was there as much salt in the bag as when you left it in the boat ?

"Answer. No, I think there was not by about two bushels.

"And further said depondent saith not."

The said Starling was indicted at the March term, and tried by a jury composed of John Washburn, Phillip. Lewis, Joseph Barton, Cor- nelius Lafferty, Daniel Collier, William Wade, James Nicholson, John Bryan, James Reed, Uriah Barton, Alexander Smith, and found guilty, and sentenced to pay John Lyons eight dollars and thirty-four cents, and to be fined a like sum to the county, and pay the cost of prosecu- tion. "And if he does not pay the fine, is to receive twenty stripes on his bare back well laid on, and is to be sold by the sheriff for the sum to be paid to John Lyons, and cost of suit, etc. Whereupon the sheriff is commanded that he take the said William Starling to satisfy costs, etc."

The Whipping Post.

Under the Territorial laws a great many offenses and crimes were punishable in whole or in part by whipping, on the bare back of the offender, with a rawhide, or the "cat o' nine-tails.". The spirit of these laws was handed down under our first constitution and incorporated in our statute of crimes; many offenses being punishable in part by whip -. ping. The sentence of the courts in such cases was carried out by the sheriff who laid on the number of stripes while the offender stood with naked body and up-stretched arms tied to the public whipping post.

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THE EARLY COURTS

Arson, burglary, forgery, and perjury were punished in part by laying on the naked back not exceeding thirty-nine stripes. Larceny to amount of one dollar and a half, punishment public whipping not ex- ceeding fifteen lashes. Robbery punished with fifty-nine stripes. Horse stealing fifty-nine stripes first offense and one hundred for second and subsequent offenses. Children or servants for disobedience might receive ten stripes.

The whipping post at Washington was a small buckeye tree that stood in the southeast corner of the jail bounds near the bank of Brush Creek. Many a poor fellow has bared his back to the lash tied with up-stretched arms to that emblematic species of Ohio's forest trees. In the many cases examined in the records of the courts of Adams County the writer has failed to fine a single instance of a woman's hav -. ing received punishment in this manner. But the poor and ignorant class of male whites found guilty of petty offenses, and the offending blacks of the county, were punished under "Grimes' Buckeye" with from five to fifty stripes according to the magnitude of the offense and the humor of the Court.

A typical case is that of William McGinnis charged with stealing a hunting shirt, a petticoat, two blankets and a part of a pair of stockings from John Guthrey, who upon being arraigned before the Court, plead guilty and "put himself on the mercy of the Court," and was sentenced to receive "ten stripes on his bare back well laid on, and bound out to service for the fees of prosecution."

It is said that a small poplar tree that stood near where the Chris- tian Union Church is situated was utilized as the whipping post in the early days of West Union. The records disclose the fact that the lash and poplar tree were frequently resorted to under the decree of the courts.

There is a case of a Negro receiving five stripes for the theft of a pair of shoes worth $1.25 from Abraham Burkett. And a white boy was given eight stripes for stealing a knife worth a shilling.

At the August term, Common Pleas, 1809, Jacob Coffman, who had been indicted for larceny, plead guilty, and he was sentenced to pay Nathan Reeves $52.62} ; Stokes Anderson $30; a fine of $50; to receive fifteen stripes on his naked bare back ; to be imprisoned one month and stand committed until sentence of the court was performed. Reeves and Anderson each remitted their fines, the property having been restored by Coffman ..

In 1812, George, a black man, was convicted of stealing a horse from Mr. Watson, of Sprigg Township, and was sentenced by the Court to be whipped fifty stripes on his naked bare back, to pay a fine of $500 for the use of the county of Adams, to pay the costs of prosecution and to stand committed until sentence of the Court was complied with. After- wards the Board of County Commissioners, as then empowered by law, remitted the fine as George's imprisonment was burdensome to the tax- payers, he having no property from which the fine could be collected, on the conditions that the cost of prosecution be paid or secured to be paid. . This would indicate that some one took George to service for a term in consideration of the payment of the costs of his prosecution.

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HISTORY OF ADAMS COUNTY

In the last year of the Territorial Government, Robert Elliott and Reuben Frazier, residents of the vicinity of the old Indian crossing of Ohio Brush Creek (Tod's Crossing), who had been on bad terms for some time and had embroigled the entire neighborhood in their troubles, resorted to the Court of Quarter Sessions for a settlement of their differences. One Hugh Montgomery was a principal witness against Frazier who sought to impeach Montgomery's testimony before the court by the following proceeding, made a part of the record in the case :

"November 21, 1801. Whereas application hath been made by Reuben Frazer unto us the subscribers for the character of a certain Hugh Montgomery, whether we think that he ought to have the privi- lege of an oath, and it is our unanimous opinion that he ought not to have in any case, for he has been the disturber of the peace of our neigh- borhood by lying so that there was not a night's lodging for him. He also would not work and there is the strongest reason to believe that he shot Mr. Chapman's ox. We think that he is not capable of swear- ing.

"Henry Neff, Solomon Shoemaker, Peter Shoemaker, Simon Shoe- maker, Paul Kirker, John Treber.

"This is to certify that we, the subscribers, have known Reuben Frazer these several years, and he has lived on our plantations and has always maintained a fair and unblemished character in every respect, as witnessed by us.

"Peter Shoemaker, David Furguson, John Treber, Robert Smith."

Before closing the notes and comments on this court and its doings it should be stated that it had concurrent jurisdiction with the Court of Common Pleas to imprison for debt in the enforcement of its judgments and to absolve the debtor upon his compliance with certain statutory provisions.

A case in point is that of James Nicholson who had been imprisoned for debt and kept for some time under the care of John Stephenson, the jailor, in the old town of. Washington. In order to procure his release John S. Willes, attorney for Nicholson, prepared and presented to the Court the following affidavit subscribed by the imprisoned debtor :

"I, James Nicholson, do in the presence of Almighty God, solemnly swear that I have not any estate, real or personal, in possession, rever- sion or remainder, sufficient to support myself in prison or to pay prison charges ; and that I have not since the commencement of this suit against me or at any time, directly or indirectly, sold, leased or otherwise con- veyed or disposed of to or entrusted any person or persons whatsoever with all, or any part of the estate, real or personal, whereof I have been the lawful owner or possessor, with an intent or design to secure the same, or to receive, or to expect any profit or advantage therefor, or have caused or suffered to be done anything else whatsoever whereby any of my creditors may be defrauded, so help me God."

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A history of Adams County, Ohio, from its earliest settlement to the present time, including character sketches of the prominent persons identified with the first century of the country's growth, Part 12

Author: Evans, Nelson Wiley, 1842-1913; Stivers, Emmons Buchanan Publication date: 1900 Publisher: West Union, O., E.B. Stivers Number of Pages: 1101

Author: Evans, Nelson Wiley, 1842-1913; Stivers, Emmons Buchanan
Publication date: 1900
Publisher: West Union, O., E.B. Stivers
Number of Pages: 1101