USA > Ohio > Highland County > A history of the early settlement of Highland County, Ohio > Part 24
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A HISTORY OF HIGIILAND COUNTY, OHIO.
not, to the success of the county, than Judge of this day. the men who were the more prominent and therefore the better remembered.
The Summer Term of the Court is thus recorded: "At a Court of Com- Joseph Creek made the first loom ever mnon Pleas begun and held in the town made in the county of Highland. It of New Market, on the 11th day of June, was made for Mrs. Blount, mother of 1806, present the Honorable Robt. F. Mr. Andrew Blount, and people came Slaughter, Richard Evans, John David- far and near to her to get weaving done. son and Jonathan Berryman, Associate The loom was constantly employed, Judges. The Sheriff returned a Grand They would hire the use of it and weave Jury for the body of the county of High- themselves when they could not do
land, to-wit : George Richard, Dan otherwise. In a short time, however, Evans, John Stafford, Josiah Roe, Elijah he constructed other , looms and soon . Kirkpatrick, Lewis Summers, Ezekiel they were found in many of the cabins. In the course of a few years others com- menced the manufacture and almost every cabin had its loom. Kelly, John Gossett, Hector Murphy, Peter Moor, John Knight, Moses Patter- son, Jonas Stafford. State of Ohio vs. Christian Bloom. A Jury empannelcd The first public record of the county for the year 1806, is that of a term of the Court of Common l'leas, held at New Market, the President Judge being absent. We extract the following from the records: "At a Court of Common and sworn, and issue joined, to-wit : Joshua Porter, James Waters, James Stafford, Abner Robinson, Jolin Coffey, Frederick Nott, Evan Evans, Samuel Littler, Walter Craig, Philip Wilkin, Lewis Gibler, Joseph Davidson. The Pleas begun and held in the town of Jury find a verdiet in this -- We, the New Market, on the 20th February, Jury, find the defendant not guilty." 1806. Present, John Davidson, Richard Next come the journal entries of several Evans and Jonathan Berryman, Es- slander suits between Oliver Ross and quires, Associate Judges. The Sheriff G. W. Barrerc.
"Ordered, that William Kelso receive
of this county returned a Grand Jury, to-wit: Samuel-Hindman, John Creek, license to retail merchandise for three Abraham Clavinger, William Stafford, months."
Amos Evans, Andrew Badgley, John Campton, Michael Stroup,
"It is ordered by the Court that All- Philip drew Badgley be fined in ten dollars for Wilkin, Peter Moor, Charles Hughey, contempt of the said Court while sitting, Chistian Bloom, Robert Huston, William and by giving security of two persons in Rhey, Samuel McQuitty and John Gos- the sum of one hundred dollars each for sett. Came into Court, Frederick Miller, the good behavior for one year. G. W. and saved his recognizance. Ordered, Barrere and William Hill came into . that Joseph Van Meter receive license Court and acknowledged themselves in- to keep a public house in the county of debted the sum above stated, with this Highland. Collins vs. Kerr, rule to condition, that they be released if the plead at the next term, and continued. said Andrew Badgley behaves in an Ross vs. Barrere. On motion of the orderly manner for one year. Court defendant by his counsel, a rule is grant- adjourned till 10 o'clock to-morrow." ed herein for a didimus to issue direct-
Captain Andrew Badgley was a Ken- ed to any justice of the peace in the tuckian, who came to Ohio about the town of Natchez, in the Mississippi time it was organized under the Consti- Territory, to take the deposition of tution, and settled on Whiteoak, a mile Benjamin Gooding, on any day between or two above the present county line. the 25th day of April and the 10th day He is represented as a very strong and of May next, to be read in evidence on active man, and wild and bold as he was the trial of this cause. Ordered, that
physically powerful, particularly when William B. bucket receive license to he had been drinking whisky, as was retail merchandise for three months. too frequently the case when away from By order of the Court, that the Laws home. On this occasion, he was called and Journals of the State of Ohio be before the Court as a witness in a case. distributed as follows, to-wit: one copy He took the stand, after being sworn, of each to each Justice of the Peace in and commenced his statement, but it the county of Highland, one to cach was too remote from the point to please Associate Judge, one to the Sheriff, one the counsel, and he, rather rudely as to the Coroner, one to the Clerk, and Badgley thought, stopped him, and re- one to cach Commissioner. Court ad- quested him to tell what he knew about journed without day." Brief terms of the matter in issue. Badgley, a little Court they had in those days, as shown riled, resumed the same roundabout. by this record. It would not make an narrative of the circumstances, intro- hour's employment for a Common Pleas ductory, as he intended it, to the main
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A HISTORY OF HIGHLAND COUNTY, OHIO.
point. Again the counsel stopped him, fested considerably more temper than but Badgley by this time had got his comports with the dignity of the Bench. blood up, and he determined to go He was marting under the insult, through with his story. The counsel which was gross in the extreme, and appealed to the Court, who commanded without a precedent, and again ordered the witness to stop and take his seat. the Sheriff, in the most peremptory Badgley stood a moment boiling with manner, to take a sufficient armed forces rage, eyeing the Court, and then re- and fetch Badgely dead or alive. The marked, in a loud and angry tone, "This Sheriff knowing the character of the is the damndest dirtiest Court I ever the man he had to deal with, when he saw, and I won't stay in it. You sum- was greatly enraged, hesitated. Indre mons a man before you, then swear him Davidson, also, knew that the conec- to tell the truth, the whole truth, and quences would be most serious, and per- nothing but the truth, and then you won't let him tell it."' As he uttered
haps cost several lives if the order of the Court were faithfully carried out, and So the last words he strode out of the represented it to the Judge. Just at crowd collected around the Court, with this moment, James B. Finley, who was an air and mien as lofty as a Knight of in the Court, and cognizant of the whole the Middle Ages. The Court was per- procedure, rose to his feet and addressed fectly astounded, and the President the Court to the effect that it was no Judge could not at first find utterance use to go to so much trouble and ex- pense to bring Badgely into Court- that if the Court would give him au- thority, he would bring Captain Badgely before the Court himself. Finley knew Badgely well, and "lo'ed him like a vera brither; they had been fon for wels thegither." He was satisfied that noth- ing could be done with him by force, for his wrath. At length, after Badgely had untied his horse from a saping within sight of the Bench, and was about mounting him, his Honor found words to order the Sheriff to arrest that man instantly. But the hot headed Captain was already under whip, on a splendid Kentucky gelding swift almost as the wind, and was out of sight in a situated as he was-whole mad and no moment. There were, however, many doubt half drunk, and he was equally well convinced that mild means would horses hitched around among the bushes which formed the outer boundaries of easily accomplish the object. But the the Court room, and the Sheriff, who Court repliel to his proposition that was Major Anthony Franklin, ordered they had no power to appoint a Sheriff some fifteen or twenty men to accom- whilst that officer was present in person ; pany him. They mounted in hot haste but through the influence of Judge and gave chase, for in those days the Davidson, who was Badge ly's neighbor. Highlanders held the majesty of the no further order was made, and I'mley, law in great respect and awe. The with the consent of Franklin, started chase continued till they arrived in the alone to see Badgely. In a few hours vicinity of Badgely's cabin, some ten he returned with the Captain sober and miles distant from where the Court sat, penitent. He approached the Court, under a shady free on a puncheon and apologized in a very handsome bench. The Sheriff and his posse here manner, telling the Court, however, that he would not cringe to, or be trampled met a neighbor of Badgely, who inform- ed them that he had arrived at home upon by mortal man. The Court comp some half hour before, furious, and had
sidered the matter, and the President barricaded his cabin, and with two rifles, Judge having cooled down and having,
plenty of ammunition, a tomahawk, butcher knife, and two axes, defied the Court, swearing that he would kill all before he would be taken alive to New naturally a kind and forgiving homb look quite a fancy to Badgley, and whist pering in the car of Judge David on huf the men Judge Slaughter could send, thanks for counseling an abondamment of the violent comme which he propre Market, and the neighbor said he firmly ed, said "Damn the fellow, I like hhr believed the Captain would do it, for he for his manly independento, and it i! seemed like one possessed. He then- was not for outside appearances and foro advised the Sheriff not to jeopard- effect, I should not find him a cent."
ize his lifo or tho lives of his party by ar to smooth every thing over, the fine .hove stated was imposed, which the gallant Captain very cheerfully paid, a? thanking the Court very courteously, mounted his house and returned to his cabin in a much better fragte of mind acting rashly in the matter, but watt, al least till Badgely had time to cool down a little. So Maj. Franklin and his por- . after a brief consultation, concluded in return and report to the Court. Wh 1 they arrived at the Judge's seat, and than when he left it a low hours before. reported no prisoner, his Honor muni-
This term of Court lasted four days,
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A HISTORY OF HIGHLAND COUNTY, OHIO.
during which some twenty-five cases somebody, we are unable to make the were disposed of. Singular as it may remainder of the name from the record. appear, nearly all of the business of this State vs. John Coffey, who was put upon term was slander suits, with hosts of his trial by a Jury and found not guilty. witnesses, of course. In most instances, Court granted license to Jonathan Ber- tha juries happened to be sensible men, ryman to keep a public house in the and brought in verdicts for one cent damages. There were seven jury trials at this term. One case, Collins vs. Kerr
town of New Market for one year, by paying into the County Treasury eight dollars. The Court ordered that Fred- -covenant -- demand eighteen hundred erick Miller receive license to retail dollars, was tried by a jury, and a ver- merchandise for four months. The dict returned for the plaintiff for six State of Ohio vs. James Cummons and hundred dollars. This was the most important case of the term, in point of amount recovered.
At this term the first attorney at law appears to have been admitted to prac- tice at the Bar. It is thus recorded : "Came into Court Michael (. Hays, who took the oath to support the Constitu- tion of the United States and the State of Ohio, and also the oath of office as an Attorney and Councellor at Law."
A license was granted, at this term, to Anthony Franklin to keep a "public house" for one year, in the township of Brushcreek, by paying into the County Treasury six dollars.
Rachel Cummnons. Indictment. Plea not guilty, and submitted to the Court. This case, says the record, was submit. ted by consent of parties to the Court. Thereupon they put themselves upon the mercy of the said Court; the Court awarded that they find the defendants guilty, and assess the fine at one dollar. This term of Court closed by granting license to G. W. Barrere and Francis Nott, to keep public houses for one year.
"At a special meeting of the Associate Judges of the county of Highland, on the first day of November, 1806, in the town of New Market, present Richard Evans, John Davidson and Jonathan
The Fall Term of this year only lasted two days, the docket having been al- Berryman, Esgrs., Associate Judges. inost entirely cleared at the last term by The Court took into consideration the trial, compromise, or dismissal. The Commissioners' books, and ordered that. same Judges were present as at the sum- the Secretary lay before the Court on mer term. The Sheriff returned a the day previous to the February term, Grand Jury, who returned three indict- 1807, a statement of their proceedings. ments. It is not stated what the At a special term of the Associate parties were charged with, but it was Judges agreeable to adjournment from probably assault and battery. The first the Ist day of November, 1806-present was the State vs. James Nott and Nancy, John Davidson, Esgr , Associate Judge." Nott his wife, who came into Court and There seems to have been a failure on saved their recognizance. What further the part of the other members of the was done with them, the record saith Court, and this closed up the judicial not. The next is, State vs. Rachel proceedings of the county for 1806.
CHAPTER XXVI.
THE SUBJECT OF THE REMOVAL OF THE COUNTY-SEAT IS AGITATED, AND THE CITIZENS OF NEW MARKET MAKE A DESPERATE EFFORT TO RETAIN IN THEIR VILLAGE THE SEAT OF JUSTICE- JOHN CARLISLE'S MERCANTILE VENTURE ON CLEAR CREEK-COMMISSIONERS' RECORD OF PROCEEDINGS. INCLUDING THE LAYING OUT AND ESTABLISHING OF NEW ROADS- REWARDS OFFERED FOR WOLF AND PANTHER SCALPS- JOHN SMITH STARTS A STORE IN NEW MARKET, AND AFTERWARDS REMOVES TO HILLSBORO --- JAMES FITZPATRICK SETTLES NEAR HILLSBORO - PETER CARTWRIGHT AND JAMES QUINN, EARLY METHODIST MINISTERS, AND THEIR LABORS MATTHEW CREED AND HIS MILLING ENTERPRISE-1 TURKEY PEN.
An agitation, which in its incipient and of course not at all relied on by stage was considered unworthy atten- those who urged the change. The agita- tion by the knowing ones, begun, during tion of the subject soon brought to light this year, to assume an alarming char- the fact that the town of New Market acter to the good people of New Market was not in the center of the county by and neighborhood, including all the some miles.
southern portion of the county. This In all new counties, the location of was no more nor less than the removal the county seats is a matter, generally, of the county seat to a more central of deep personal interest as well as point. Faint whispers of this had oc- wide spread and intense excitement. casionally been heard almost from the This grew rapidly, and soon became the first location of it at that place, but Jo. subject of much discussion. The Clear Kerr, who owned a large part of the Creek settlement furnished the warmest lands around the town, or had sold them and most determined advocates for the on the assurance that the place was central and would remain permanently change. The men of this settlement were, many of them, leading and in- the seat of justice, in spite of all the in- fluential citizens, of much energy of char- terests in other less favored quarters, acter and determination of purpose.
Kerr was looked to, by the friends of New Market, as the leading advocate and defender of their local rights, and they enabled him to command to brow- while he most solemnly assured them laughed at them. He was a man of learning and ability. Interest, there- fore, prompted him to use the influence beat all advocates for a change, and
zens of the place should raise money and erect, at their own expense, the pubhe buildings for the county. This done, he assured them, they would hear no that there was no danger, he command- keep the result, which he could not but ed, in abundant cantion, that the citi- regard inevitable, as long away as possi- ble.
These whisperings soon, however, be- came alarming to the New Market peo- ple, many of whom had purchased town more about moving the seat of justice. lots and made or commenced improve- In puisnance of this counsel, the set their heads together to raise the money. They were not aware, it seems, ments with reference to the permanen- leading men of New Market and vicinity cy of the county seat. The people north and east of the town numbered more than two to one at this date, and, with- that all the county, with the exception out an exception, they were in favor of of their own neighborhood and town, locating the county seat elsewhere. New were opposed to their plans. After Market, during the eight years of its ex- much consultation, they concluded the istence as a town, had not made for better mode would be to give a grand itself a very enviable reputation. The barbecue, and invite the entire popu- surrounding population were, with lation of the county, and as there has many worthy exceptions, rather on the never yet been a fourth of July celobin- rowdy order, and a considerable number tion in Highland, they fixed upon that of the citizens of the town were, as is al- memorable day for the feast, hoping that ways the case in now places, worse if while their guests were enjoying the possible than those in the vicinity. hospitality of the town, and excited But these causes were not much mosted, with free whisky and the glorious re-
(11:)
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A HISTORY OF HIGHLAND COUNTY, OHIO.
collections revived by the day, that they was suggested, and accepted by accla- were freemen, they would give up the mation. He accordingly was conducted mere trifle of the removal of the county to the chair. The Declaration of Inde- scat three or four miles nearer the pendence was then read, and immedi- centre of the county. ately followed by an oration of consid-
The day approached, and the prepara- erable length, delivered by one Jesse F. tions for the festivities were great. Word had been sent to every neigh- borhood, if not to every man in the Roysden, a rather eccentric school- master, then recently settled in the neighborhood. At the close of these county, and expection was on tip toe. services, it was announced that dinner The "barbecue" was got up in regular Kentucky style. Roast pig, sheep, turkey and even an ox, it is said, to- gether with all the vegetables, bacon, &c., which could be found for miles around. It was emphatically a great day
was ready, and the people being pretty hungry, needed no urging. It was rather a promiscuous affair, and looked, to a modest hungry man, very much like a grab game. However, they man- aged to get pretty well satisfied, and in New Market. The town was crowd- then came the drinking of toasts. We ed to overflowing. Indeed the entire regret exceedingly our inability to population of the county seemed to be furnish a sample of the uttered patriot- present. No public gathering of a gen- ism of that carly day. These toasts eral, character had ever before taken were drank in strong toddy and juleps, place of sufficient importance to attract brewed in large new cedar tubs, which the masses, and therefore this free din- flowed like water. Every thing went ner on our country's great natal day, on swimmingly now. The fifer and could not be resisted by the good people drummer made incessant noise at one of Highland.
end of the table, and the fiddler at the other kept up a laudable but most active rivalry. Soon the interest of outsiders
Extensive, preparations were made in the way of tables, which to make it en- tirely convenient, and give the most en- began to flag. Some of them went out larged idea of complete freedom, were and commenced shooting at a mark, Barrere's tavern. spread in the street in front of G. W. while others ran foot races, wrestled, Around this the &c. At length, rather an ugly knock crowd very naturally gathered, as the down took place, which greatly dimin- avowed object of the meeting was to ished the number at the table, and, with cat, and they watched with great anx- those who remained, things began to iety the progress of the cooking depart- grow confused in nearly exact propor- inent. Early in the day the New Market company of militia paraded the streets, marching up and down and performing various military evolutions, and firing tion as the tin cups of julep circulated. The fighting became more general, and the noise and disturbance great. The sober portion of those at the table deem- salutes, to the music of the fife and ed it prudent to adjourn, which was drum, and following an old tattered flag that had once belonged to a company in Wayne's army, and was with him at the "Fallen Timbers." The crowd,
done. It was now well on to night, and all who were not too drunk or too badly whipped, started for home, and except the noise made by those who however, soon became so dense that the were still thirsty, or not sufficiently military could not maneuver to advant- age,and they ceased to be regarded with interest in proportion as the masses grew hungry and drunk.
whipped, and the frequent half in- distinct huzzas from the large number of fense corner patriots, things seemed, by sundown, to be setting down again into something like ordinary New Market life. So absorbed were the managers by the great affair, and so delightful was the entertainment, that it was not until the next morning that it occured to them that, after all, they had entirely forgotten the chief, indeed the sole ol)- ject of the entertainment, to wit: a general subscription to erect public buildings in New Market. Things in reference to the seat of justice, there- fore, remained pretty much as they were, and no further effort was made to forestall the action of the opposition by
A stand, which had been erected of fence rails, on the side of the street neur the long table, was occupied about 11 o'clock by several dignitaries. Around the military was drawn, the drum and fife, to which by this time had been added three fiddlers, in front, and the old flag planted firmly on one corner of the stand. The crowd of course collected around. The militia fired a general salute, the music struck up, and when it ceased the most excit- ed part of the audience linzzaed lustily. It was then announced that the meet- ing would organize by electing a Presi- erecting public buildings in New Market, dent. The name of Morgan Van Meter
on private account.
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A HISTORY OF HIGHLAND COUNTY, OHIO.
In the spring of 1800, John Carlisle, of indispensable. These roads, frequently Chillicothe. came up to Clear creek and following an old trace, were merely out made arrangements to start a store in wide enough for the passage of wagons that settlement. He selected "Billy and sleds, the timber cut off being roll- Hill's" as the best point, and had a ed to the sides, leaving a lane, asit were, hewed log house built for a store house. through the woods, for the logs and William Kelso and Samuel Swearingen kept the store for Carlisle. brush formed a pretty good fence on both sides of the t.dok, of from three to
'The first session of the Commissioners five feet high, thus making the road a of the county for 1806, commenced on complete enclosurey with only an open- the 10th day of February. statute providing for the election of
Under the ing at each end. These roads were entirely destitute of Commissioners, the new Board elected kuidges, and from the innumerable at the October election, 1805, were re- stunups, a foot or more above the ground, quired to settle among themselves who they were rough in the extreme, and was to serve one year, who two years, barely passable for the very few wagons and who three years. At this session it that were taken over them. Provision was agreed, as appears from the record, was made, it is true, by law, for work- that Fredrick Braucher should serve as ing the roads of the county, and it was Commissioner until election, 1806, Jona- made the duty of the Supervisory to than Boyd until 1807, and Nathaniel keep them in passable order, but the l'ope until 1805.
settlerà had too many other things to
But little business was trans acted at do, of more pressing necessity, and they this session, which continued only one could not spare the time to work roads day, except in relation to the roads of after they had been opened up, unless the county. These were things of abso- it was unavoidable. On mann, of these lute necessity as the population of the roals, years even after they had boon county increased. Now settlements located and cut out wide enargh for a were forming, at intervals, among the wagon, not the slightest apgrestance of woods of the entire tonitory, with the the impression of a wagon wheel conbl exception of the wet lende on the west be discerned. Neiller could the foot of New Market, and the desire to pass marks of a shod horzu be seen on the from remote settlements to mill and entire track. Horses, lille their ownow, the county sont, manifested itself in went barefoot in those days. On the numerous petitions for roads.
moto prominent of the role, might be
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