USA > Ohio > Highland County > A history of the early settlement of Highland County, Ohio > Part 35
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"dam any man that will interest my Captains, I can and will whip;" but there was no fight, and through the inter- cession of some of his brother officers, Capt. Evans was released without any further punishment.
nothing else will do thee, Billy, take me
along, but I don't want to fight. Billy
accordingly brought Jimmy up to the
bully, and remarked that he had his
man. This fellow walked around Jin-
my and scrutinized him closely for a
A boy of eighty years ago, who was moment, then laughed in his face at the in early attendance on this muster, and idea of such a man attempting to fight who, while waiting for the parade, was him. This made Jimmy mad and he in the store kept by Sam Swearingen pitched at him like a tiger, and whipped and B. H. Johnson, regaling his eyes him desperately, without receiving a with the display of Barlow knives, brass scratch himself. This closed the fight- jacket and sleeve buttons, etc., which he ing and the inen commenced dispersing, says tempted the dear, reluctant cut fips particularly those living at considerable from his pocket, until, when the noise distance. Others remained and amused of the parade broke the charm, he found themselves with feats of manhood-run- that all his ginger bread money was ning foot races, wrestling, jumping, gone. He, however, had no time to in- shooting at a mark, &c. In this last dulge vain regrets, being at once absorb- amusement. Jacob Worley from Paint ed in the pageantry around him. He township, a gun smith and a crack shot, says, "I do not remember the subordi- gave a general banter at fifty cents a nate petty officers, but standing out in shot. Bob Nesbet, of New Market, was bold relief, conspicuous in cocked hat on hands at once and accepted the ban- and waving plume, with gold epaulets ter. They shot until Worley was per- on the shoulders of the buff and blue fectly satisfied, and Nesbet the winner coat of his revolutionary father, was of five dollars of his money. Before Major Anthony Franklin, in the full sundown all had left the place on their way home-men, boys, ginger bread baskets and whisky barrel slides, and thus ended in peace the first general muster in Highland.
pride and vigor of mature manhood, and he certainly realized upon my youthful fancy, the complete idea of Washington or Wayne. The Major was in his glory and was the admiration of all the boys in the field."
The annual election for State and county officers was held on the 11th day of October, 1808, at which time High- land county gave Thomas Kirker three hundred and sixty votes, Thomas Worthington one hundred and thirteen, Samuel Huntington twenty-six and Benjamin Logan two votes, for Gov-
Franklin held his office by appoint- ment of some General or Colonel in Ross county, and therefore was not pop- ular with the men of the Battalion. They thought that they ought to be al- lowed to elect their own officers, and ac- cordingly wrote to Gen. McArthur and ernor of the State. Huntington was Lytle on the subject, who, in the course elected, not however, by the electors of of a year or two secured to them this Highland. Jeremiah Morrow received
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A HISTORY OF HIGHLAND COUNTY, OHIO.
At this election, a most laudable re-
all the votes cast for Congress except seven given for Philomen Beecher, and spect for the old men of the township was re-elected to represent the District. was observed in voting, as all who are The candidates for State Senator were familiar with the names of the fathers George W. Barrere, Moses Patterson,
of Paint township will at once perceive Samuel Evans and Anthony Franklin. - they all voted first-the young men Barrere was elected. For the General following.
Assembly were Joseph Swearingen, Franklin. Swearingen was elected. In the township of Richland, the John Gossett, William Keys, Anthony State election this year was held at the cabin of Major Charles Megrew, when the The candidates for county Commis- following electors deposited their ballots sioners (it seems there were three to -elections were always by ballot in elect,) were quite numerous. Enoch B. Highland: Thomas Hardwick, James Smith, George Richards, Morgan Van- Mills, Jesse Hughes, Moses Wilson,
meter, Elijah Kirkpatrick, Bourter
Joseph Roberts, William Noble, Absa-
Sumner, Richard Barrett, John Roads, lom Vanmeter, William Fanning, John Thomas Sanders, John Davidson, Evan Nelson, Morgan Vanmeter, John Worth- Evans, Nathaniel Pope, Thomas Dick ington, Joseph Mckibben, John Lea- and William Head, were the names voted for, of whom Bourter Sumner, Richard Barrett and George Richards were elected. man, Abraham Vanmeter, Thomas John, Peter Spencer, Eli Izard, Isaac Miller, John Shockly, William Cough- ran, Thomas Spencer, Elisha Noble, The election for Liberty township was this time for the first held in the town of Hillsborough at the tavern of William James Spencer, David Ross, Stephen Huzzy, sr., Joshua Inzzy, Peter Hester, William Vineyard, Malin Sword, Benja- Barnett on Beech street. Job Sinith, min Shockly, Micajah Nordyke, Absa- Adam Brouse and John Hunt were lom Hester, John Ellis, Jacob Bowers, Judges of this election, and Jacob Hare Samuel Ruble, John Wright, Daniel and Charley Lang, clerks. The Judges Dillon, William Parmer, Timothy Ben- of election in Fairfield this year were nett, Thomas Dillon, John Hayes, Jonathan Sanders, Phineas Hunt and Thomas Ilinkson, Jonathan Williams, Isaac McPhearson. In Brushcreek, Asel Walker, Isaiah Nordyke, William John Countryman, Peter Moore and Hoblet, Samuel Clevenger, John Darke, John Sheets were Judges and Biggar Joseph Spencer, William Clevenger, Head and Benjamin Groves Clerks. Thomas A. Johnson, Iliram Nordyke, For New Market John Malcom, Eli James Gillespy, Charles Megrew, Alex- Collins and Andrew Kessinger Judges, ander Frazer, William Shields, total and John McQuitty Clerk. fifty-seven.
On the 24th day of October the Court
We have already, in another chapter, given the names of the Trustees and of Common Pleas of Highland county Clerks in the new townships of Paint held the fall term at the tavern of Wil- and Richland. At the first State elec- liam Barnett, in the town of Hillsboro, tion in Paint the following electors were present, as the record has it, the Hon. Levin Belt, president, and Richard Evans, present and voted : Jesse Lucas, Josialı Tomlinson, Zeur Combs, Jonathan Boyd, Jonathan Berryman and John David- Daniel MeKechan, William Lucas, sr., son, associates. The Sheriff returned a Reuben Spargur, John C. Burris, Oba- Grand Jury and the business of the diah Overman, John White, William Court proceeded as formerly.
Ubanks, Walter Canady, Charles Lucas.
At this term a bill of indictment was John Burris, jr., William McKinny, Joel found true against Thomas Hinkson, of Havens, Andrew MeCrary, sr., Thomas Richland township, for "retailing spirit- Ballard, Benjamin Bloomer, Parker uous liquors contrary to law." This was the first case of the kind in the county, Hillod, Henry Worley, Isaac Overman, Job Stevens, David Brown, Jacob Griffin, and as all the men, even the preachers, William Wittee, Joseph Hart, Joseph W. Spargur, James Hiatt, Eli MeMeans, William Ballard, Bourter Sumner, Rich- ard Barrett, Jesse Baldwin, William Baldwin, Joslma Lucas, Joseph Bloomer, Bourter Burns, Nicholas Robinson, Thomas Bails, Basel Lucas, Moses Tom-
then drank whisky and kept it in their houses for their own daily use as well as for the entertainment of their neighbors and visitors, considerable interest was felt in the result of the prosecution of Squire Hinkson. The following is the record in the case: "This day appeared
linson, Henry Ault, William Mandelue, the Attorney for the Commonwealth, Heth Hart, Hesekiah Betts, Thomas and the said Thomas Hinkson in his . Tucker, William Lucas, jr., Demsey Overman, Obadiah Overman, sr., Daniel McCreary, total fifty-four.
own proper person, who says he is not guilty of the charge alleged against him in the Indictment, whereupon the
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A HISTORY OF HIGHILAND COUNTY, OHIO.
Attorney for the Commonwealth enter- Sheriff of the county, in the public ed up a nolle prosequi and the said defen- square in the presence of a crowd of dant was discharged without day." The spectators, it being the first punishment only law in force at that day against the of the kind inflicted in the county. sale of intoxicating liquors was a Terri- There was no whipping post then ercet- torial law passed in December 1799, and adopted by the first State Legislature of the State, making it penal to sell to Indians, and it was doubtless under this statute that Hinkson was indicted.
ed for the purpose, and the Sheriff had to tie him up to a beech tree while he executed that part of the sentence of the Court. A large number of women came from the surrounding country to witness the punishment. They were all in a house near the Court House- Knox's tavern-and the Sheriff, aware
The first clergyman licensed in High- land county by the Court to solemnize the rites of matrimony, was the Rev. Isaac Pavy, Methodist, who came out of the purpose and not liking that addi- from Kentucky prior to this date and tion to the disgusting exhibition, he settled on Leescreek a mile north of purchased a peck of green apples of where the present town of Leesburg Tom John, who had just arrived from now stands. . He was licensed at the Pennsylvania with a wagon load which October term, 1808. Mr. Pavy was only he sold at four dollars per bushel, and a local preacher, but through life main- took them into the house and poured tained a respectable position in the church, and was esteemed as a good Apples at that early day in Highland, citizen.
them out on the floor among the women. were not only a rarity but to many a curiosity, and the women of course scrambled for them. While thus di- verted Richards went out and whipped women.
As a specimen of the estimate in which assaults and batteries were held by the Court in those days, we give the following extract from the journals of Knott, and greatly disappointed the the Court at this term (October 1808). ."State of Ohio vs. Benjamin Parcell -- The law under which this punish- ment was inflicted was originally adopt- ed by the Territory, as early as 1788, and again by the Legislature on the organ- ization of the State, and subsequently re-enacted. The original law gave the Sheriff power to bind out any one con- victed of larceny, who was too poor to pay costs of prosecution, for term not exceeding seven years, to any person who would discharge the same. The statute under which Knott was punish- ed, was enacted in 1807, and authorized not more than twenty-five stripes on the naked back, which was afterwards in- creased by statute, passed in 1809, to thirty-nine stripes on the naked back. A whipping post was soon after erected on the north side of the public square, at which this disgraceful mode of pun- ishment was frequently inflicted. This law remained in force in Ohio till Janu- ary, 1815, when, much to the credit of Indietinent for an assault and battery on the body of J. Collins-this day came the Attorney for the Commonwealth and the defendant by his Attorney and plead not guilty-afterwards, to-wit: on the same day, plea withdrawn and plea of guilty entered and submitted to the Court. Whereupon it is considered by the Court that the said defendant be fined twelve and one-half cents and costs of presecution, and the said defend- ant in mercy go hence without day." The Grand Jury at this term of Court held their sessions in Charles Lang's tailor shop on Beech street, and found one indictment against Francis Knott, Inn keeper of the township of Fairfield -as the record has it-for Larceny. On the next day Knott was arrainged and plead not guilty. A jury was called and he was put upon his trial, The evidence was heard and a verdict of guilty brought in by the jury, when the Court the State, it was repealed.
adjourned until the next day. On the meeting of Court in the morning, Knott was called up for sentence, which the
At this term of Court three indict- ments were found against Jonathan Dutton for passing counterfeit coin. He
Court pronounced as follows: "It is was admitted to bail and failed to appear considered by the Court that he be for trial.
whipped eleven stripes on the naked
Considerable more business than at
back, that he shall pay to John Moore, any former time in Highland, was trans- the person from whom he took the acted by the Court at this terin. Among money, ten dollars, that he be fined in the cases docteted at this term, is James the sum of ten dollars, also that he pay B. Finley against S. Hindman for slan- the costs of the prosecution and that he der. After a session of three days, be imprisoned until the judgment of the Court adjourned without day.
Court be complied with." Knott was The first tanyard in Hillsborough was accordingly whipped by Gus. Richards, started during the summer and fall of
A HISTORY OF HIGHILAND COUNTY, OHIO.
1808, by John Campton. This yard and enlarged and improved it, carried on the the few small buildings necessary, were business for more than a quarter of a sold by him the next year to Allen and century. James A. Trimble, who, having greatly
0
CHAPTER XXXIII.
ERECTION OF THE COURT HOUSE-COMMISSIONERS' PROCEEDINGS-PATTERSON'S . MILL-A HORSE-THIEF AND HIS PUNISHMENT-THE COLLEGE TOWNSHIP ROAD-ORGANIZATION OF UNION TOWNSHIP-ELECTION RETURNS FOR 1809.
It was stated in a former chapter streets-the walls parallel to the lines that the foundation of the Court House of these streets. There was one large was commenced about the first of door fronting each of these streets. August, 1808.
The sills of these doors-for they were nearly level with the ground, and there- fore needed no steps-were of sandstone, and brought from near Sinking Springs. They were very large and heavy, and difficult to haul. The house was square, except a recess in the wall on the west end, occupied by the judges' seats, which fronted three windows. Two
This part of the work progressed rapidly, and was completed in a few days. There was no cellar enclosed by it, and, of course, none under the house. Much of the stone used in laying this foundation was very worthless, being small, and in many instances imperfect, and totally unsuited for such work. An impression, however, which was large old-fashioned fire-places, in which then pretty well established in the burned immense wood-piles in cold minds of the people that a good quality weather, were in the Court room, one ot building stone could not be procured on either side of the bench. The bar in the neighborhood of Hillsboro, caus- was partitioned off between these, and ed the Commissioners to believe that immediately in front of the Court. A such an apology of a foundation was box was placed on the right side of the quite as good as could be expected, and bench for the use of the traverse jury, imperfect as it was known to be, no serious objections were raised.
Shields and Pye had completed their The prisoner's box was on the outer brick kiln, and while it cooled gathered the stone and built the foundation, so that the brick work also commenced in the month of August-about the mid- dle-and progressed with considerable interior was called, and so to secure rapidity.
and another immediately beneath the bench for the use of the grand jury. edge of the area, and made high and secure. No one but lawyers, suitors, witnesses and officers of the Court were allowed to enter the "bar," as the this, the door of the bar was so arranged
No ceremonies, usual at this dav, as to be securely kept by a sworn door- when a great public building is com- keeper. The outer floor of the building was paved with brick. and on either
menced, marked the beginning of the erection of the first Court House in side of the east door were raised seats Highland. It was, however, a large for spectators. Altogether it was quite building for that day -by far the most a comfortable and roomy Court room. important, as well as the largest, and There was a profusion of large windows, first brick house erected in the county -and as a matter of course attracted much attention far and near.
In size it was about forty feet square. We are sorry we are unable to speak with more accuracy on this point, but tions other than those already given.
square, giving an abundance of light and air. The cefling was supported by large fluted wood pillars, and the whole inside wood work was painted brown. The upper story was divided into four rooms, for juries and other purposes
we can find neither plan nor specifica- connected with the business of the Court. The roof was square, and ran It will be remembered that the Com- to a point in the center, on which was missioners fixed the locality of the a small enpola, surmounted by a spire building on the public square, at thirty- of iron with a dart-shaped point and three feet distant from Main and High cross piece.
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A HISTORY OF HIGHLAND COUNTY, OHIO.
The brick work of this building was large and interesting family of sons completed late in the fall, and it was and daughters, and, until the family partly inclosed before winter set in, but was broken up by marriage and death, the carpenter work was not finished till maintained a high reputation for the the following summer. Some years old-fashioned elapsed before the public square was fenced in with any degree of permanen- cy, and the Court House and jail stood out in the commons. Very frequently the doors of the former were left open for weeks together, and then it was oc- cupied by the sheep of the neighbor- hood, as a place of rest and refuge from dogs and wolves at night. This house,
· however, stood and served the people after waiting for hours for his turn, al-
of the county pretty well for a quarter of a century, being taken down after the completion of the present Court Ilouse in 1834.
On the 26th day of October, 1808, the new Board of Commissioners met at Barnett's tavern, and proceeded to elect Richard Barrett their clerk. Consider- able business was transacted during this session of the Commissioners, among which their record informs us that they ordered Gus. Richards, Sheriff of Highland county, to be paid eight dollars for whipping Francis Knott. They then adjourned till the first Mon- day of December next, on which day they again met. At this session they
genuine- hospitality, which was so characteristic of the coun- tỷ then. That oddly-fashioned old hospitable house of the Patter- sons, which at the early days of which we speak, was known for miles around as a pleasant place to visit, and especial- ly the mill boy, who having left his father's cabin at day-light, many miles off, with his bag of corn on his horse, ways was grateful in his remembrance of the considerate kindness of this pioneer family, who never failed to take all such to the house to warm and re- fresh them with food, but like all the early homes of the first settlers, it has long since totally disappeared, and it is now difficult even to point out the precise locality on which it stood, so with the old mill, and everything else pertaining to the improvements made at that place by this most worthy fam- ily.
In the latter part of November of this year a bear was killed by some of the Rocky Fork hunters, up the creek above where Daniel Inskeep settled, ordered a survey and view of a road, which was then something to be talked beginning at the south-west end of of. Patterson had been out hunting in High street, Hillsboro, to Patterson's the fore part of the day of which we mill, thence to New Market.
They speak, and discovered the trail of a bear, also ordered a survey of the road known but had no dog with him and thought it at present as the Marble Furnace road. better to return home and get his dogs At this session John Smith was order- and some of his neighbors before he ed to be paid ten dollars and fifty cents commenced the pursuit. He gathered for blankets for the jail, and Levi his dogs and some eight or ten of his Warner fifty cents for a bed furnished neighbors and started to the trail. It the prisoners in jail.
however happened that Joel Brown, who was a good hunter, had got on the
During the year 1808 Moses Patterson settled permanently on the farm which trail of the bear shortly after Patterson he purchased three years before, and left it, and pursuing him pretty closely, started a distillery in connection with had turned him back on his track. As his mill. Hle built his house on the the party with Patterson went up they sonth-east side of one of those converg- met the bear rather unexpectedly, but ing hill points which approach the neither dogs nor men in those days ever present Ripley pike south of the toll- backed from a bear or anything else, so gate, and a short distance north of thedogs attacked him at once, and being where the road now crosses the mill in strong force, gave him a pretty race. All on the rear of his house was severe fight for a time. Finally one of thick woods, and remained so while he the party of hunters, named John Elli continued to reside there. He built ott, shot him while the dogs had him his house of hewn logs in part and part down. This closed the hunt, and left of frame. It was pretty large for the Joel Brown on a cold trail. The hunt- time, having several rooms. The roof ers divided the carcass among them.
was of shingles, and a porch in front It was, even then, a rarity on the Rocky Fork south of Hillsboro, to have bear gave it an air of comfort not common at that day. The still house was in the meat, and this being fat, was esteemed lower basement story of the dwelling, a great delicacy, which the whole neigh- in which the worthy proprietor for borhood were permitted to share, some many years continued to make a limit- even taking the feet. ed quantity of pure whisky. He had a
The settlement around Sinking
:
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A HISTORY OF HIGHLAND COUNTY, OHIO.
Spring continued to increase slowly. Huntington and William Sprigg. Improvements were only, however, Judges." Then comes the bond which made at that day for purposes of real is in the usual form of official bonds; utility, and most generally urged by the John Smith and William Barnett, se- most pressing necessity. The summer curities. previous to the date of which we now
At this term of Court James Daniels write (1807) the first hewed log barn in was admitted to the Bar as an Attor- ney and Counsellor at Law and Solicitor
that region, and very likely in the country, was erected by JJacob Hiestand in Chancery.
on his farm adjacent to the Sinking required many hands.
'The first divorce case in Highland Spring. It was a large heavy barn and came on for hearing. This was on the They came petition of Simon Shoemaker against from all directions, Many of them re- his wife, Elizabeth. The cause assign- siding thirty miles apart, and meeting ed was wilful absence from the bed at the raising for the first time in their and board of the complainant by lives. They came on horse-back, car- elopement a short time after marriage. rying their axes with them, and al- After hearing the testimony, the Court though the number of men thus col- dismissed the bill at plaintiff's cost. lected exceeded fifty, the preparations Some other cases were disposed of at for eating were ample, and all shared this term. No others, however, of the substantials of the day to their en- further interest appear on the records. tire satisfaction.
Court sat only one day, and adjourned
So wild were the woods surrounding till the 12th day of October, 1810.
Sinking Springs at that day, that the The term of the Court of Com- wolves actually came and killed sheep mon Pleas for Highland county was in the very door yards of the cabins, held at Barnett's tavern in Hillsboro, as we were assured by Mr. John on the 27th day of February, 1803. Hiestand, who was then a lad of JJudge Belt, the President, was not at eight years of age. He says in the this term. Considerable business was, spring of 1808, a large black bear came however, disposed of by the Associates. into the shed of that same large barn The term lasted six days. Several in- built by Jacob Hiestand, his father, the dictments were found by the Grand preceeding fall, looking round for prey. Jury, and two were found guilty of
On the 11th day of October, 1405, the horse stealing and one of petit larceny. second term of the Supreme Court for
At this term AAbbot Goddard, a young the county of Highland, was held at Methodist preacher just from Fox Hillsborough, in the tavern of William Creek, Fleming county, Kentucky, and Barnett on Beech street. The Hon. the regular circuit preacher that year Samuel Huntington and William for Highland, who held by far the Sprigg, Judges. The first business of greater part of his meetings at the neat this Court was the appointment of a and hospitable cabin of the Fitzpat- clerk. It will be remembered that ricks, was licensed to solemnize the rite there had been no term of this Court of matrimony. He was the second since 1806, in this county, and that in clergyman in the county who received the mean time David Hays, the clerk his authority from the Common Pleas of both, had died. Allen Trimble was Court.
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