USA > Ohio > Knox County > A history of Knox county, Ohio, from 1779 to 1862 inclusive > Part 3
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36
HISTORY OF
tice in and for s'd county of Knox. Given under our hands and seals this 29th day of March, 1808.
"JAMES ARMSTRONG, [SEAL.]
" JAMES DUNLAP, [SEAL.]
"ISAAC COOK, [SEAL.]
" Commissioners.
" The first Grand Jury Impanneled .- Matthew Merrit, foreman, John Herrod, Samuel H. Smith, James Walker, Jr., David Miller, Joseph Walker, Gilman Bryant, James Walker, Sen., William Douglass, Ziba Leonard, Stephen Chapman, Benj. Butler, Jonathan Hunt, Ichabod Nye.
" Fighting cases first disposed of .- State of Ohio vs. John Wil- liamson .- For fighting yesterday with William Herrod. The Court do assess him in a breach of the peace, &c., in the sum of $1.60 and costs. State of Ohio vs. William Herrod. For fighting John Williamson yesterday. Fine $1.60 and costs.
" Preachers next in order .- William Thrift, a Baptist minister, is authorized to solemnize marriages.
" Traders Licensed .- Samuel Kratzer and Stephen Chapman are authorized to retail goods, wares and merchandize in Mount Ver- non, on paying into the treasury $5.
" Tavern-keepers Licensed .- Samuel Kratzer is licensed to keep a house of entertainment in the town of Mount Vernon for one year, on paying $6. Daniel Ayres is licensed to keep in Freder- icktown, on paying $5.
" First Will admitted to Probate .- The last will and testament of William Leonard was proven.
" The First Trial by Jury .- State of Ohio vs. William Hedrick. -Indicted for stealing a watch from William Bowen. Plea-Not guilty.
" Jury .- James Loveridge, Henry Smith, Aaron Brown, James Smith, Benjamin Brown, John Beam, William Nash, Daniel Demick, Michael Brown, Peter Baxter, Archibald Gardner, and Levi Herrod. Verdict-Guilty.
" Judgment .- Fine $5, pay the owner, William Bowen, $15, and be whipped on his naked back ten stripes, imprisoned one month, pay the cost, and stand committed until the sentence is complied with.
" Second Trial .- State of Ohio vs. William Hedrick .- Indict- ment for stealing bay mare, property of William Wallace.
37
KNOX COUNTY.
-
"Jury .- John Baxter, William Herrod, William Biggs, Daniel Ayres, Nicholas Kyle, John Shinabery, James Craig, James Smith, Thomas Merrill, Dorman Loffand, James Pell, and Thompson Mills.
" Judgment .- Prisoner be whipped 20 lashes on his naked back, and pay a fine of $20, and be imprisoned one month, and pay the owner $70, the value of the mare, pay the cost, and stand com- mitted, &c.
" Third Trial .- State of Ohio vs. William Hedrick .- Indict- ment for stealing one pair over-alls, the property of Joseph Cherry Holmes.
" Jury .- James Loveridge, Henry Smith, Aaron Brown, James Smith, Benjamin Brown, John Beam, William Nash, Daniel Demick, Michael Brown, Peter Baxter, Archibald Gardner, and Levi Herrod.
" Judgment .- Prisoner be whipped on his naked back five stripes, pay a fine of $2, be imprisoned one month, pay the owner $5, double the value of the over-alls, pay cost, and stand com- mitted, &c.
" Fourth Trial .- State of Ohio vs. William Hedrick .- Indict- ment for stealing one bell and collar, property of William Wallace.
" Jury .- Parts of the former.
" Judgment .- Prisoner to be whipped five stripes on his naked back, pay a fine of $1, pay the owner $1.50, the value of the bell and collar, pay the costs, and stand committed, &c."
The State pays its first fec .- On motion, a certifi- cate was issued by the Commissioners in favor of Samuel Kratzer, Esq., for his services, for $6, in acting on the part of the State against William Hedrick, who was found guilty of felony.
The sentence of the Court-when, where, by whom and how executed .- The judgment of castigation was executed upon the public square of Mount Vernon, shortly after the adjournment of Court, in the presence of all the people. Silas Brown was the Sheriff, and it fell to his lot as such to serve the
38
HISTORY OF
" legal process" upon the body of William Hedrick. There was a small leaning hickory tree upon the east side of the public square, between the present Norton building and High street, and a little south of where the jail was afterwards built, and this tree bent in such way that a man could walk around under it. To this delectable spot the culprit was taken, and his hands were stretched up over his head and tied to the tree, and the stripes were ap- plied by said Sheriff to his naked back. He was struck forty times with a heavy raw-hide whip.
A spectator pleads for mercy .- The first few blows with the raw-hide were across the kidney. Mr. Bryant, one of the bystanders, at once called out to the Sheriff to whip him elsewhere-that was no place to whip a man-he should strike higher up ; and the rest of the lashes were applied across the shoulders.
How Hedrick acted .- The criminal sobbed and cried piteously, and when released went off weep- ing and groaning. In many places the skin was cut and broken, and the blood oozed out, making a pitiable spectacle. And yet such was the feeling against him that few seemed to sympathize with the scourged. As he started off he said to the spectators, " You should not blame me for this, for it is not my fault." Bob Walker replied, " No, by G-d, you wouldn't have stood up and been whipped that way, if you could have helped it." And at this prompt retort to Hedrick's explanation or apology, the crowd laughed loudly and uproariously.
From Gilman Bryant, Samuel H. Smith, Ben. Butler, Jonathan Hunt and Stephen Chapman of
39
KNOX COUNTY.
the Grand Jury, and James Loveridge and the Herrods of the Petit Jury, and Richard Roberts, all of whom are yet living, and who witnessed this scene, we have gathered this account of the first and last judicial punishment by whipping in the county of Knox. And scarcely any of the present citizens are aware that such punishment of crimi- nals was ever the law of the land in which they have the good fortune to live.
THE FIRST ELECTION AT MOUNT VERNON.
On the 4th day of April, 1808, the entire people of the county voted at Mount Vernon. The officers of election were Ebenezer Brown, Jabez Beers and Samuel Kratzer, Judges; Wm. Gass and Robert Anderson, Clerks. They were here from the most re- mote points, as well as from the vicinity of Mount Vernon. The election of the first officers in a new county brings out every body. They elected them by the following votes : John Lewis, for Commis- sioner, received 56 votes, John Herrod 52, and Joseph Walker 48. Silas Brown was elected Sheriff. Jonathan Craig, for Coroner, had 45, and Francis Hardesty 1 vote. Then for Trustees-for be it remembered, the whole county composed the dis- trict-George Downs had 41, Henry Roberts 36, and Joseph Coleman 36. The vote for Overseers of the Poor was, Moses Craig 22, James Walker 2, Alexander Walker 12. The candidates for Super- visor were Sam. Kratzer, who received 35, and Peter Baxter 36. For Fence Viewers, George Zin, Michael Click and Jesse Severe were candidates.
40
HISTORY OF
For "House praisers," Archibald Gardner and James Craig cach got 12 votes. For Constables, Gabriel Wilkins received 30, Philip Walker 21, Jonathan Hunt, Jr., 15, Dave Miller 3. For Treasurer, Ben. Butler had 12 votes, and James Walker, Jr., 2. None of these parties are now liv- ing but Ben. Butler and Jonathan Hunt, who many long years ago dropped the junior and be- came a senior, and is now one of the oldest of men.
DIVISION OF THE COUNTY INTO FOUR TOWNSHIPS, AND WHAT THEY WERE.
The following entry we find on a piece of paper in James Smith's hand :
"KNOX COUNTY:
" Know ye, that on the 2d day of May, 1808, at a meeting of a Board of Commissioners for said county, to wit: Joseph Walker, John Harrod and John Lewis, Commissioners in and for said county,
"Ordered, that the following bounds be laid off into a separate township, to wit: beginning at the west boundary line of said county, between the 6th and 7th township line, and running east to the west of the thirteenth range line, thence north to the center of the 7th township line, thence on the east to the east line of the 13th range, thence north to the county line, which shall be called and known by the name of Wayne township.
"Ordered, that the following bounds be laid off into a separate township : beginning at the north-east corner of Wayne township, thence east to the west side of the 11th range, thence south to the center of the 6th township, thence west to the west line of the 12th range, thence south to the south line of the 6th township, thence west on the said line of the side line, which shall be called and known by the name of Clinton township.
" Beginning at the center of the 11th range line where it inter- sects Licking county line, thence north to the center of the 6th township line, thence west to the west line of the 12th range, thence south to the line between the 5th and 6th townships, thence
41
KNOX COUNTY.
west to the west line of the county, thence with the county line to Licking county to the place of beginning, which shall be known and called by the name of Morgan township.
"Ordered, that the following bounds be laid off into a separate township, laid off as follows: beginning at the north-east corner of Clinton township, thence eastward to the Muskingum county line, thence with the line of said county to the Licking county line, thence west to the middle of the 11th range, thence north to the center of the 6th township, thence west to the west side of the 12th range, thence north to the place of beginning, which shall be called and known by the name of Union township."
Those who are curious to know what these town- . ships comprised, will find that Wayne at that time embraced all of the present townships of Franklin and Chester, in Morrow county, Middlebury, and Berlin, Wayne, and the north half of Morris.
Clinton included Bloomfield, now in Morrow county, Liberty, north half of Pleasant, Monroe and Pike, and the south half of Morris.
Union took in Brown, Jefferson, Union, How- ard, Butler, Jackson, three-fourths of Harrison, and the east half of Clay.
Morgan consisted of the west half of Clay, south- west quarter of Harrison, south half of Pleasant, and all of Morgan, Miller, Milford and Hilliar.
THE SECOND, OR FALL TERM KNOX COMMON PLEAS
Was held on Monday, the 5th day of September, 1808. What was then transacted we will briefly state.
A Grand Jury was called and sworn for the body of this county, to wit: Jabez Beers, foreman, Ziba Leonard, John Johnson, James Walker, Jacob
42
HISTORY OF
Young, Benjamin Butler, Wm. Nash, John Butler, David Miller, John Merritt, Wm. Douglass, Jas. Walker, Jr., James Craig, who after being sworn, retired out of Court, and after some time returned with the following presentments, to wit :
"The State of Ohio vs. Samuel H. Smith .- On a presentment for selling goods without license. A true bill, to which the defend- ant plead guilty. Court on consideration of the offense doth find the defendant in the sum of $2.50, and costs of the prosecution.
"Ordered, that the Grand Jury be adjourned till to-morrow morning, nine o'clock, who met according to adjournment.
" The State of Ohio vs. Michael Brown .- On an indictment. True bill.
" The State of Ohio vs. Aaron Brown .- On an indictment. True bill.
" The State of Ohio vs. James Click .- On an indictment. True bill.
"The State of Ohio vs. Sarah Hartley .- On an indictment. True bill.
" Samuel Kratzer vs. Robert Walker .- In trespass. Dismissed at plaintiff's cost.
"Ordered, that Edward Herrick be appointed a prosecuting at- torney for this county.
"James Scott, who is a regular Minister of the Presbyterian Church, is licensed to solemnize marriages.
" John Armstrong vs. John Kerr .- In trespass. James Bryant came into Court and undertook for the defendant, that in case he should be cast in this suit, that he would pay and satisfy the con- demnation of the Court, or render his body to the prison in lieu thereof.
" John Wood is licensed to keep a tavern, on payment of $4.00.
"'On the motion of Samuel H. Smith, it is ordered that license be issued to him to sell and retail goods, wares, and merchandize of foreign growths and manufactories, at his store in the town of Clinton, for one year,' on payment of $10.00.
" Samuel H. Smith is licensed to keep tavern at Clinton, on payment of $5.00.
43
KNOX COUNTY.
"Jacob Young vs. Abraham Lyon .- Plaintiff's attorney ordered to amend writ by adding the words, ' on the case.'
"On motion, Court adjourned till to-morrow at 9 o'clock.
"TUESDAY, September 6th, 1808.
"James Craig vs. Archibald Gardner .- On an appeal from & judgment rendered by Samuel Kratzer, Esq. This came ye defendant by his attorney, and pleads non-assumpsit, joinder and issue. Whereon came a jury, to wit: Daniel Johnson, Ichabod Nye, Wm. Casper, Stephen D. Menton, John Click, Thomas Bow- en, Moses Craig, Wm. Bowen, Robert Anderson, Jesse Proctor, Gilman Bryant, Alexander Walker, who upon their oaths say that they find for the plaintiff, and assess the damages to $25.263 cents damages.
"Joseph Butler vs. Elizabeth Vandever .- On an appeal from Abraham Darling. Judgment awarded for the defendant's cost.
"The State of Ohio vs. Michael Brown .- Samuel Kratzer, Sam- uel Baxter and Polly Miller entered into $100 recognizance to appear and testify on the part of the State.
" State of Ohio vs. Aaron Brown .- James Walker, Jr., Benjamin Butler and Wm. McBride entered into recognizance of $100 to ap- pear and give evidence on the part of the State.
"Jacob Young vs .. Abraham Lyon .- Samuel H. Smith came into Court and undertook for the defendant, that in case he should be cast in this cause, that he would pay and satisfy the condemnation of the Court, or render his body to prison in lieu thereof.
"Thomas B. Patterson, for the use of Moses Bixby, vs. Samuel Kratzer .- In debt. The defendant came into Court and acknowl- edged the services of the writ; declaration filed and continued.
" The Court proceed to the appointment of a Clerk pro pem pro, when James Smithi was elected.
"Ordered, that Edward Herrick be allowed $25 as prosecuting attorney for this term.
" Court adjourned till the Court in course.
" WILLIAM WILSON.
"John Armstrong vs. John Kerr .- The declaration being filed this the 5th day of Nov., 180S, the defendant is ordered to plead to the same within twenty days; otherwise judgment.
" EDWARD HERRICK,
"Att'y for Plaintiff."
44
HISTORY OF
THE FIRST SPECIAL TERM OF COURT.
At the request of Michael Brown, John Click and Aaron Brown, a Court of Common Pleas of the Associate Judges was opened at Mount Vernon the 5th of December, 1808. Present, Wm. W. Farquhar, John Mills, and Wm. Gass, Esqrs.
"The State of Ohio vs. M. Brown .- On an indictment found by the Grand Jury, a true bill, thus appeared the prisoner, and pleads not guilty ; the Court then proceed to the evidence of Jolin Wil- liamson, Samuel Kratzer, Samuel Baxter, Polly Miller and Stephen Chapman, on the part of the State, and Thompson Mills and Michael Mills on the part of the prisoner. The Court, upon a full investigation, do order that he do give bail of two persons, which shall be bound in two hundred dollars each, for his personal ap- pearance at the next term, then and there to abide the order of Court; otherwise to be remanded to jail.
" The State of Ohio vs. A. Brown .- On an indictment for a breach of the peace. The Court order him to enter bail in one surety of fifty dollars.
"The State of Ohio vs. John Click .- On an indictment for a breach of the peace. The Court order him to give bail in $50.
" William Fuller became surety for Aaron Brown, and Gilman Bryant for John Click.
"Ordered, that the Court do adjourn.
" JOHN MILLS."
THE FIRST ELECTION BY TOWNSHIPS-SPECIMEN OF A POLE BOOK-REFLECTIONS.
At the October election the first regular vote was taken for State and county officers, the terms of those elected in April having been, in Clerk Lof- land's phrase, only "pro pempore." The following poll-book of one of the most populous townships shows who were voted for:
45
KNOX COUNTY.
' Poll-book of an Election held in the Township of Wayne, in the County of Knox, and State of Ohio, the 11th day of October, 1808, at the house of Daniel and Abner Ayres, in the town of Frederic. John Kerr, Chairman, Nathaniel M. Young, John Cook, Henry Roberts, Judges, and Jacob Young and Wm. IV. Farquhar, Clerks of the Election, were duly sworn as the law directs, previous to their entering on the duties of their respective offices.
Certified by me,
WM. W. FARQUHAR, A. J.
1 Casper Fitting,
13 Henry Markley,
2 Joseph Talmage,
14 Nathaniel M. Young,
3 Amariah Watson,
15 John Walker,
4 Abraham Lyon,
16 William W. Farquhar,
5 Joshua Vennom,
17 Jacob Young,
6
Samuel Wilson,
18
John Cook,
7
Charles McGowen,
19
Richard Hall,
S
Joshua Milligan,
20
Thomas Durbin,
9
Ruben Skinner,
21
Samuel Durbin,
10
Jacob Cook,
22 Jeduthan Dodd,
11 Henry Roberts,
23
Thomas Townsend.
12 John Kerr,
"Samuel Huntingdon had at the above election, for Governor, a majority of 23 votes (all cast;) Jeremiah Morrow, for Congress, received 21, and Philemon Beecher 2.
" Wm. Trimble and Jacob Burton had a majority of 21 votes each for the Senate.
" Hezekiah Smith had 2 votes for Senator, and Elnathan Sco- field 2.
" Alexander Holden, for Representative, had 20 votes, and Jeremiah R. Munson 2.
"For Commissioners-Win. Douglass had 21, Calvin Shepherd 2, Henry Markley 23, Matthew Merritt 21.
"For Coroner-John Merritt had 21.
" For Sheriff-Silas Brown 13, Ichabod Nye 9.
" John Harrod had 2 votes for commissioner, and Joseph Walk- er 2.
" Attest :
WM. W. FARQUHAR, "JACOB YOUNG, Clerks."
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HISTORY OF
Fifty-four years have not yet passed by, and yet earth has closed upon all the above list of voters and voted for: and at this day there are but seven of the above numbered who have any "kith and kin" within our county limits. Of 126 voters at an election in the entire county, in 1808, but seven are now living-the mementos of the past-the con- necting link of the living and the dead; soon, alas! the last one of the pioneers will have departed from among us. Is it not, then, of the utmost importance to gather from the lips of the few who stand, as we write, at the very threshhold of death, their recollec- tions, and to treasure up, for future generations, an account of their perils and sufferings, and the inci- dents connected with the first settlement of this great and glorious land ?
DOINGS OF THE COUNTY COMMISSIONERS-THEY ARE DEATH ON WOLVES, AND "DOWN ON" ROADS, BUT DETERMINED TO DO THE FAIR THING FOR THE TAX-PAYER.
" A Board of Commissioners for the county of Knox was seated at Mount Vernon, on Monday, the 24th day of October, 180S.
" Present : Gentlemen Henry Markley, Matthew Merritt and William Douglass, Commissioners, who, at their first meeting, pro- ceeded to the appointment of a Clerk, and James - was duly elected Clerk, and qualified accordingly; then, according to law, proceeded to cast lots relative to their ceasing to continue in the office, and it is by them declared that Henry Markley continne in said office three years, Matthew Merritt two years, and William Douglass one year. Ordered, that this Board do adjourn until next Friday."
Thus simply and concisely is given the proceed- ings of the first meeting of the Commissioners of Knox county of which we have any record. On
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KNOX COUNTY.
Friday, the 28th of October, the following business was transacted :
" Ordered, that the Clerk issue an order on the County Treasurer of this county for the sum of one dollar and fifty cents for killing one wolf, proven before Wm. Y. Farquhar, Esq., in favor of James Durbin.
" Ordered, that an order issue in favor of James Smith for the sum of two dollars, for carrying returns of the annual election to the town of Newark.
"P. S .- The above meeting was intended for the purpose of examining and regulating the papers and books relative to the Commissioners.
" Ordered, that this Board do adjourn until the first Monday in December next, unless occasion Require a sooner meeting of this Board."
"Occasion" did "Require" a "sooner meeting," for we find that wolves had been killed, and it was a "case of emergency," justifying an extraordinary meeting of the Board of Commissioners at Mount Vernon, on the very next day, and we give the journal entry in its own words:
" Ordered, that an order do Issue to the County Treasurer of this county, in favor of Jesse Morgan, for the sum of three dollars, for killing two Grown Wolves.
" Ordered, that an order do Issue to the Treasurer of this County, in favor of Jonathan Morgan," for the sum of three dollars, for killing two Grown Wolves.
" Ordered, that this Board do adjourn until the next meeting in course."
At the December term, 1808, the Board was in session two days. On the 5th an order was granted
* QUERY .- Was not Morgan township named after the distinguished wolf-killer, to whom we find many orders to have been issued for killing wolves? May not a spirit of regard for such public benefactors have caused the old settlers to perpetuate the name of Morgan ?
48
HISTORY OF
Philip Walker, constable, of seventy-five cents for one day's attendance on the Grand Jury at the May term; to William W. Farquhar, Esq., $4.50 for one day's attendance on a call court, on an indictment of the Grand Jury, on the case of M. Brown; to John Mills $3 for the same; to William Gass $3 for the same; and the following wolf orders: To John Simpkins $1.50 for killing one grown wolf, proven before Samuel Kratzer, J. P .; to John But- ler $3 for killing two grown wolves, proven before Abraham Darling, J. P. On the 6th day of December:
" Ordered, that the Treasurer of this County do pay the following sums to the following persons : To James Dunlap $22 for fixing the county seat of this county ; to Isaac Kook $22 for the same ; to James Armstrong $22 for the same.
" Ordered, that 10 cents be erast off the Collector's Duplicate, for an error made by the lister, who personally appeared and con- fessed the same, in favor of Samuel Lewis.
" Ordered, that the Treasurer of this County do pay to James Smith, Clerk, $6.67 for his services in elections until the said term, likewise 75 cents for Blank Books.
" A petition was handed the Board, praying a view of a Road from the town of Clinton Running to intersect the County Line, near the south-west corner of the County; which review they declare Inexpedient and Rejected.
" A petition was handed the Board, praying a view of a Road from the town of Clinton through the Settlement of Skenk's Creek to the Eastern Line of Knox County, and it is declared by the Board that the said petition is rejected.
" A petition was handed the Board, praying a view of a Road from Mulberry street, in the town of Mount Vernon, to Wm. Doug- lass' mill, and they declared the same Inexpedient.
" Ordered, that the Treasurer of this County do pay Archibald Gardner the sum of $1.50 for killing one Grown Wolf, proven before Samuel Kratzer, Esq.
49
KNOX COUNTY.
" Ordered, that the Treasurer of this County do pay to Henry Markley the sum of $15 for to defray expenses and charges relative to procuring a Duplicate from Fairfield county to enable the collec- tor to collect and pay the taxes on Resident Lands in this county.
" Ordered, that the Treasurer do pay to Silas Brown $13.33 for his services eight months in criminal cases; for do. in elections, $4; the above allowances for the year 1808; 3 hasps and 1 lock, $2.50; summoning 2 Grand Juries, $2 each ; and fifty cents for the diet of Wm. Hedrick, prisoner.
" Ordered, that this Board do adjourn until the next meeting in course, unless necessity require an extraordinary meeting."
Such was the action of Markley, Merritt and Douglass, in the year 1808. How economically our affairs were managed in the early days of the Owl Creek Republic! Officers then were simple-minded, and wrote with grey goose-quills; expending but 75 cents for blank-books; gold pens were then un- known, nor steel-ing either. The item of "station- ery," which has since figured so extensively in county exhibits, was not then in the official diction- ary. Blessed days were those, when an "error of 10 cents was ordered erast," and "confession" of the same made by the collector upon the county records in favor of the aggrieved sovereign; when roads through "the settlements on Skenk's Creek" and to "county lines," as well as from "Mount Vernon to Mill," were declared by our pioneer board "Inex- pedient," and "the petitions" of interested citizens were "rejected;" when it took only "50 cents" to pay "the Diet" of prisoners, and the "chief end of man" was to kill grown wolves, and of County Commissioners and Clerk to receive certificates of proof thereof and issue orders to pay for their scalps! 4
50
HISTORY OF
CHAPTER IV.
THE COUNTRY AS SEEN IN 1801 .- A TRAGEDY IN OWL CREEK IN 1800, AND THE PLACE OF ITS OCCURRENCE .- REMINISCENCES OF EARLY SETTLERS AND THEIR FAMILIES. - THE FIRST TERRIBLE STORM VISITS MOUNT VERNON .- THE FIRST DOCTOR AND HIS RECEPTION .- THE BUTLERS, TIIE WALKERS .- GILMAN BRYANT, JIM CRAIG, AND THEIR EXPLOITS .- WHO GAVE THE NAME TO MOUNT VERNON .- WHO BUILT THE FIRST CABIN ?- EARLY PREACHING .- FIGHTING AND OTHER INCIDENTS OF THE FRONTIER, AND AMUSING EVENTS OF THE ANCIENT TIMES.
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