USA > Ohio > Jefferson County > Steubenville > Century History of Steubenville and Jefferson County, Ohio and Representative Citizens, 20th > Part 18
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house and "gaol" out of the first money in did not know with whom to make the en- the treasury, if there is not enough already tries. On August 31, 1797, Collector Zenas Kimberly seized the stills in the woods where they were hidden. in the treasury for that purpose, and that said commissioners proceed as early as possible to have said building put in com- fortable order.
Silas Paul was admitted as attorney at the February term, 1800, and became the first prosecuting attorney under the con- stitution of 1802. He was a resident of Wills Creek north of the city, and was a quaint individual carrying a staff and hav- ing his hair dressed in the queue. His sal- ary was fixed at $80 per annum by the court at the August term, 1803. He died August 15, 1857; a number of grandchildren, still survive him. At the same term of court (1800) it was ordered that John Suther- land receive $1 out of the county treasury to pay for candlesticks and candles for the use of the court. Obadiah Jennings, of Belmont County, was admitted at the Feb- ruary term, 1802. He afterwards became a Presbyterian minister, and died in Ken- tucky. Robert Moore, John G. Hamilton and JJoseph Penticost were admitted in 1803, and the following rates of taxation ordered: One-half per cent. on the ap- praised value of all mansion house lots, mills, etc., total assessment, $27,702; tax $138.15. For each house 25 cents, number of houses, 1,777 ; tax, $444.25; each head of cattle, 10 cents; number 2,788; tax $278.80. One of the first rules of the territorial court was that every motion made in court which shall not be ruled by the court in favor of the motion, the attorney or the person who made the motion should pay to the court 25 cents.
One of the early cases before the court was that of John Kelly, who appeared on February 16, 1798 with a petition asking the court to take testimony and make a statement to the secretary of the treasury concerning a forfeiture under the excise law. Kelly had removed two distilleries from Virginia to Jefferson County in Sep- tember, 1795, and had distilled eleven bush- els of rye without entering the stills. Kelly claimed he was unable to read writing and
The first indictment for murder in this county was against William Carpenter Sr., and Jr., father and son for killing Captain White Eyes, son of the Delaware chief of that name at West Point now in Colum- biana County. The junior Carpenter, who was but seventeen years of age, it is claimed was attacked by White Eyes, who was drunk, and raised his tomahawk with the apparent intention of assaulting him. The boy ran with the Indian after him, when the boy turned and shot him. The father was arrested for aiding and abetting the killing. There is a tradition that the case was tried and the Carpenters ac- quitted, but there is no record of the trial, and a nolle was probably entered. White Eyes was the last Indian killed in Jefferson County, and fearing that his death would cause trouble among the Indians, presents were given to friends of the deceased, and three hundred dollars to his wife, Bezaleel Wells being one of the donors. The origi- nal copy of the indictment was preserved by the late Capt. W. A. Walden, the follow- ing being a verbatim copy :
" JEFFERSON COUNTY, TO-WIT:
"Territory of the United States, Northwest of the River Ohio.
" At a Court of General Quarter Sessions of the peace, at Steubenville in the said county of Jefferson on Tues- day the fourteenth day of Angust in the year of our Ford one thousand seven bundred and ninety eight. Be- fore the Honorable David Vance, Esquire, and bis asso- clate justices of the peace in and for Jefferson county aforesaid,
" The Jurors for the Body of the Said County upon their onth present that William Carpenter, Junior, late of said County, Labourer, und William Carpenter, senior. late of said County, Labourer, not having the fear of God before their Eyes but being moved and Seduced hy the instigation of the Devil on the twenty-seventh day of May - in the year of our Lord one thousand seven hundred and ninety-eight with force and arms at the Township of - , in the County nforcesaid, feloniousiy. willfully, and of their malice, aforethought did make an assault upon one George White-Eyes, an Indian, Com. monly known by the Name of Captain White-Eyes, in the peace of God and the United States aforesaid, then and there being and that the same William Carpenter, Junior, a Certain Gun, of the Value of one Dollar then and there Charged and Loaded with Gun powder and
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Divers Leaden Shot or Bullets, which Gun the Said Will- iam Carpenter, Junior, in both his hands then and there had and beld to, against und upon the said George White- Eyes, then and there feloniously, willfully and of his malice aforethought did Shoot and Discharge, and that the maid, William Carpenter, Junior, with the Leaden Shot or Bullets aforesaid out of the Gun aforesaid then and there by force of the Gun powder, Shot, Discharged and Sent forth as aforesaid, the aforesaid William Car- penter, Junior, in and upon the Chir and under Jaw of him the said George White-E'yes, then and there with the Leaden Shot or Bullets aforesaid, out of the Gun aforesaid, by the Said William Carpenter, Junior, so as aforesuid shot, Discharged and Sent forth feloniously, willfully, and of his malice aforethought did Strike, pene- trate and Wound, Going to the said George White-Eyes with the Leaden Shot or Bullets aforesaid so as nfore- said shot, Discharged and sent forth out of the Gun aforceaid by the said William Carpenter, Junior, in and upon the Chin and under Jaw of him the maid George White- Eyea one Mortal wound of the depth of Eight Inches and of the Breadth of one Inch of Which said mortal wound the said George White- Eyes then and there instantly died. And That the said William Carpenter, senior, then and there feloniously, Willfully und of his malice aforethought was present aiding, helping, nbetling, Comforting, assisting and maintaining the said William Carpenter, Junior, the felony and murder aforesaid in manner and form aforesaid to do and Commit: and so the Jurors upon their oath aforesaid do Say, that the said William Carpenter, Junior, feloniously, Willfully and of his mulice nforethought and the said William Car- penter, senior. feloniously, willfully, and of his malice aforethought him the said George White-Eyes then and there in manner and form aforesaid did Kill and murder, against the peace and Dignity of the United States &c." ** (Signed)
" JAMES WALLACE, "Att's for the United States in Jefferson County."
The Constitution of 1802 provided for the establishment in each county of a court of common pleas consisting of a presiding judge and not more than three or less than two associate judges, who were appointed by the general assembly for the term of seven years. The state was divided into three circuits, and a judge who was to pre- side in the several connties of his district. appointed for each circuit, Jefferson County being in the third. The other coun- ties composing this circuit were Washing- ton, Behnont, Columbiana and Trumbull. Calvin Pease, age 27 years and appearing much younger, was elected by the legisla- ture as presiding judge of this circuit, and with Philip Cable and Jacob Martin as as- sociates, opened the first state court at Steubenville on August 2, 1803. Among other matters coming up for decision was the constitutionality of the act of 1805 de-
tining the duties of justices of the peace. Judge Pease decided that so much of the act as gave the justices jurisdiction in cases where the party claimed more than $20 and not exceeding $50, and so much of the act as prevented plaintiff's from recov- ering costs in action commenced in the first instance in the courts of common pleas for claims between $20 and $50 were contrary to the constitution of the United States and of the state. Although this decision was concurred in by Judges Huntington and Tod, of the supreme court, it raised such a storm that an effort was made in the legis- lature to impeach all the judges. Articles were preferred against Pease and Tod by the house of representatives, but fortu- uately the senate refused to stultify itself by adopting them, and the outrageous per- formance terminated with the acquittal of the judges. At the close of the December term, 1809, Judge Pease resigned, and af- terwards became one of the supreme court judges. James Pritchard and Thomas Pat- ton were also associate judges.
Prison bounds of the county were adopted on August 11, 1806, and started in the west line of what is now Alley C or Bank Alley, opposite the line between Lots Nos. 228 and 229 just north of Washington street and extended eastwardly to the east line of Water street, thence to a point op- posite the line between Lots Nos. 24 and 25 a short distance above the C. & P. station, thence to the river at low water mark, and down the river to a point opposite the line between Lots Nos. 16 and 17 below Market street, thence westward to the eastern boundary of Water street, thence south- wardly to a point opposite the line between Lots Nos. 8 and 9 below Adams street. thence westward to the western boundary of Alley C, thence northward to Adams street, thence westwardly to the northwest corner of Outlot No. 1 between Fifth and Sixth streets, thence northwardly to the north boundary line of Washington street. thence eastwardly to the corner of Wash- ington street and Alley C, thence up the Alley to the place of beginning. Within
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these bounds imprisoned debtors were al- lowed to travel upon giving bond that they would not depart therefrom without leave of court.
One of the methods of punishment from the organization of the county was a whip- ping post on the public square. The last record of its use is dated August 11, 1810. One Charles Johnson, a colored man, was convicted of receiving stolen goods, the said goods being a ham taken from the smoke- house of Bezaleel Wells, and was sentenced to be whipped nine stripes on his naked back, that he pay four dollars to Mr. Wells, a fine of ten dollars and costs, be confined in jail nine days and stand committed until the money judgment was paid.
Benjamin Ruggles, of Belmont County succeeded Judge Pease at the April term, 1810. The different associate judges with him were Andrew Anderson, Joseph Mc- Kee, Thomas Campbell, John Milligan, James Moores, Robert Gilmore and Samuel MeElroy. Judge Ruggles served until the close of the November term, 1814, when he was succeeded by Dr. George Todd, of Bel- mont County, who completed the unex- pired term.
Hon. Benjamin Tappan succeeded him at the June term, 1816, and was one of the most eminent men who ever occupied this seat. He was born in Northampton, Mass., on May 25, 1773, and was admitted to the bar at Hartford, Conn., about the year 1798. In 1799 he came to Ohio and was the first white settler in what is now Portage County. At Weatherston, Conn., in 1801 he married Miss Nancy, sister of Hon. John C. Wright, and with her came to Steuben- ville in 1809. He served as common pleas judge until 1823 when he resumed the prac- tice of his profession and was afterwards appointed a United States judge by Presi- dent Jackson, but the senate failed to con- firm him, and he held the position only a few months. In 1838 he was elected United States Senator as a Democrat, receiving 57 votes in the legislature to 50 for Thomas Ewing. Whig, and one blank. This was on December 20, and the following year he
took his seat, his term of six years ending in 1845. On his return home he resumed his law practice, and taking with him into partnership Hon. Edwin M. Stanton, he finally turned over the business to him and retired. He died in 1857 leaving two sons, Dr. Benjamin Tappan, long a prominent Steubenville physician, and Prof. Eli T. Tappan, at one time superintendent of the city schools and afterwards President of Kenyon College, both now deceased. While on the bench Judge Tappan published a re- port of his decisions which has always been a recognized authority. Thomas George became associate in 1822.
John C. Wright was born at Wexther- ston, Conn., and came here about 1810. He married a sister of James Collier and in 1820 was elected member of congress from this district, which office he held until suc- ceeded by John M. Goodenow in 1829. He then became one of the state supreme judges, resigning on January 31, 1835. He published a volume of supreme court decisions during the period that the judges were required to hold court in the different counties, which has been quoted more, per- haps, than any other volume of reports in the state. He took up law practice in Cin- cinnati, and became one of the editors of the Gazette newspaper in that city. He visited Stenbenville in 1842 at which time his sight was considerably impaired. In the winter of 1860-61 he was appointed member of the peace conference at Waslı- ington, whose efforts were unsuccessfully directed toward avoiding the War of the Rebellion, and he died on his way home from that conference aged about seventy- eight years.
John M. Goodenow was born in Vermont and marriedMrs. Sallie Campbell, sister of John C. Wright in 1813, and soon after came to Steubenville. Shortly after con- ing here he became involved in a quarrel with his brother-in-law Judge Tappan, end- ing in a slander suit, in which Goodenow was victorious. In spite of these troubles he became a supreme court judge, and de- feated Wright for congress in 1828. He
N.H.
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resigned near the end of his term to accept and arrived at Steubenville in 1816. Enter- the position of minister to Columbia. On his return he was elected common pleas judge in Cincinnati, and afterwards went to Texas, but afterwards returned to Cin- cinnati where he died in indigence. He was regarded as one of the most brilliant men in the state.
James Collier was born in Litchfield, Com., in May, 1789, removing to Ithaca, N. Y., and coming to Steubenville in 1820, studying law and being admitted to the bar here. He was an active member of the Whig party, and was at one time an aspir- ant for the nomination for governor of the state, but was defeated by Thomas Corwin, who was afterwards elected. He served a term as county proseenting attorney, and was a delegate to the Taylor convention of 1848. In the following spring he was ap- pointed collector of the port of San Fran- cisco, being the first to hold that office. He traveled overland to reach his destination, going via Santa Fe through a country al- most unknown and was escorted across the plains by a detachment of U. S. cavalry. On the expiration of his term he engaged in the banking business, but the Citizens' Bank, of which he was President, failed in 1859. Colonel Collier was adjutant of Bloom's regiment of New York volunteers in the war of 1812. He served on the frontier and was present at the battle of Queenstown heights. He was the first man to volunteer from Jefferson County on the outbreak of the rebellion, and accompanied the troops as far as Harrisburg, but on ac- count of his age was persuaded to return. He commanded a local detachment for a few days during the Morgan raid in 1863, and died on Sunday, February 2. 1873, at the age of 84 years. His wife whose maiden name was Miss Eunice Ingersoll, survived him a few years.
Daniel L. Collier, a brother of James, was also born at Litchfield, January 15, 1796. He served an apprenticeship in a printing office, then as a clerk, when he con- eluded to "go west." He took passage on a raft down the Allegheny and Ohio Rivers,
ing the office of his brother-in-law, John C. Wright, he studied law, and was admitted in 1818. In 1823 he married Miss Hetty Larimore, of Washington, Pa., by whom he had nine children. He removed to Phila- delphia in 1857 and became prominent in public religious enterprises. He was vice- president of the Presbyterian Board of Publication and director in several other corporations. He died March 30, 1869.
Gen. Samnel Stokely was born in western Pennsylvania on January 25, 1796. He graduated at Washington, Pa., college, and came to Steubenville about 1816, having studied law with Parker Campbell, of Washington. He was admitted to the bar in 1817, and in April, 1830, married Rachel, widow of Dr. P. S. Mason. He purchased the Bezaleel Wells homestead, known as "The Grove" in the lower end of the town where he and his descendants resided for sixty years until it was removed to make way for the present Pope tin-mill. He was U. S. land receiver in 1827-28, senator from the Jefferson County district in the 36th general assembly of 1837-8, served in con- gress 1841-3, and was a general of militia several years before his death. He mar- ried Mrs. Lowther and Mrs. Burton, both of whom he survived, and died, May 23, 1861. Two children yet survive him, Joseph Stokely, of Dubuque, Iowa, and Mrs. Jennie S. Lloyd, of Cleveland. His son Mountford S. Stokely, who was also a member of the bar, met with a tragie death, being killed by the cars on New Year's Day, 1902. A daughter, Mrs. E. S. Wood died in March, 1908.
Roswell Marsh was born at Queechy, Vt .. in 1793, and came to Steubenville in 1821. He studied law with General Stokely, and was admitted in 1823. He practiced law here for fifty years, his white locks and ven- erable appearance making him a con- spicuous object in his later days. In 1840 he was elected to the legislature and served one term. He volunteered at the outbreak of the war, but his age and infirmities pre- vented the acceptance of his services. He
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was afterwards appointed on a commission to investigate claims for losses sustained in Missouri during the rebellion. His first wife was Mrs. George Wilson, of Steuben- ville. He survived his second wife about three years, dying on August 17, 1875. His residence on the northwest corner of North and Seventh streets was long considered one of the stately homes of the city.
Ephraim Root came from New England about 1814, and became a partner of J. H. Hallock. He never married, and his death in 1821 extinguished what promised to be one of the leading lights of the bar.
David Reddick came from Washington County, Pa., about 1812. He became in- volved in a quarrel with one Dr. Doffield, and was stabbed by him, from the effect of which he died in 1818. His wife lived at Holliday's Cove for several years there- after.
Nathaniel Dike, a cultured gentleman of the old school, was born in Beverly, Vt., graduated at Yale College, and came to Steubenville in 1816. He read law in the office of John M. Goodenow, and practiced a short time when he embarked in the dry goods business, and subsequently in the wool and wholesale grocery business, oc- cupying the Sinclair building, corner of Court and Market streets. He was asso- ciate judge for several years, president of council, and representative in the legis- lature 1842-3. His wife was Miss Anna Woods, of Bedford, Pa., and granddaugh- ter of Dr. John McDowell, of Steubenville. He died in April 1867, and his son John S. Dike occupied the family residence on Market street just west of the Pan Handle railroad, now the residence of Thomas Bar- clay for about ten years.
Jeremiah Parsons Fogg, nephew of Prof. Theophilus Parsons, the well known law writer resided in Steubenville during this period. He died in Steubenville in 1821.
Charles Hammond. of Belmont County, Philip Doddridge, of Wellsburg, Walter Beebe, of Harrison County, and James Bell, of Guernsey were among distinguished vis-
itors who practiced at the Jefferson County har during this period.
Jeremiah H. Hallock succeeded Judge Tappan as presiding judge, and served two terms until the close of the December term, 1836. Judge Hallock was born in Connec- ticut, where he married Miss Bassett, and came to Steubenville in 1815, residing for a time on lower Market Street. He was prosecuting attorney, and on retiring from the bench followed farming in Cross Creek Township, afterwards removing to the Means farm just south of the city, where he died about 1847. His decisions were always respected and more generally concurred in than is usually the case. The associate judges commissioned during his term were James Wilson, Andrew Anderson, John Humphrey, John England, John S. Cock.
Hon. Humphrey H. Leavitt came to Sten- benville from Northern Ohio about 1820. He studied and was admitted here, and was soon after elected prosecuting attorney. In 1826 he was elected state senator and served two terms. This was followed by two terms in congress from 1830 to 1834. In the latter year he was appointed by his personal friend President Jackson, to the judgeship of the United States district court for Ohio, and in 1855 when the state was divided into two judicial districts he remained judge of the Southern District, and became a resident of Cincinnati. He resigned in 1871 and removed to Spring- field, Ohio. He was a member of the world's convention on prison reform which met in London in 1872, taking an active and prom- inent part therein. He died at Springfield on Saturday, March 15, 1873, leaving three sons, Jolmu who became a clergyman in the American Episcopal Church, Edward, of Springfield, and Frank, of Cincinnati.
John K. Sutherland, a student of Judge Leavitt, was born in Shippensburg, Pa., November 17. 1810, coming with his par- ents to Steubenville when but six months old. He was admitted in 1831, and was soon after elected prosecuting attorney. In 1851 he was elected probate judge, and was
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discharging the duties of his third term, when he died on April 28, 1858.
The next character we shall consider is like a giant tree in a forest where its con- temporaries if standing alone would be con- sidered above the average, but by com- parison with the one which towers above them appear almost saplings. It would be utterly impossible in a work of this kind to give due proportion of space to the life, private character and public services of Hon. Edwin M. Stanton. Not only in his home county and state did he achieve great- ness, but in the Nation during the critical period of its existence he took no second place, but stood with Lincolu, Grant and Sherman in the front rank. Some have claimed that he was greater than any one of these, and in his untiring energy his capacity for organization, his clear legal acumen, and his indomitable will he eer- tainly filled a place that would have re- mained a vaennm until the close of the Civil War had he fallen by the wayside before his work was completed. No adequate sketch of his life could be compressed into a few pages, and fortunately it is not necessary to attempt it. Two excellent biographies have been written by Hon. H. C. Gorham and Frank A. Flower, and a more con- densed outline by the present writer is now in press to be published as a souvenir in connection with the dedication of a monu- ment to his memory now in course of erec- tion in his native town. Hence nothing is attempted here except a reference to the principal events of his busy life. Mr. Stan- ton was born on the south side of Market Street, Steubenville, on December 19, 1814. The dwelling stood some distance back in the yard, just east of Sixth Street, and had one or two trees in front. It is still stand- ing, but a three-story brick has been erected in front of it extending out to the street, on which a bronze tablet has been placed bearing the following inscription : EDWIN M. STANTON. ATTORNEY GENERAL, SECRETARY OF WAR, JUSTICE OF THE SUPREME COURT. Born Here 19th December. Is14.
Erveted by the School Children of Jefferson County. A. D. 1597.
Mr. Stanton's ancestors were Friends or Quakers, who went from Rhode Island to North Carolina about the middle of the 18th century. Ilis grandparents Benjamin and Abigail Stanton resided near Beaufort, N. C., the maiden name of the latter being Maey. In 1800, Mrs. Benjamin Stanton cante with her family to Mt. Pleasant Town- ship in Jefferson County, her husband hav- ing died after making a will freeing his slaves whenever the law would permit it. With the family came Lucy Norman, of Culpepper, Va., between whom and the eld- est son, David, a rising physician, sprang up an attachment which resulted in mar- riage, and removal to the Steubenville home where the subject of our sketch was born. Dr. Stanton soon after purchased a two story brick building, still standing on North Third street near Washington but considerably altered, where young Stan- ton's early boyhood days were spent. The sudden death of Dr. Stanton on December 30, 1827, threw young Edwin on his own resources, and in the summer of 1828 he became a clerk in James Turnbull's bookstore on Market street now conduet- ed by Capt. J. F. Oliver. In the spring of 1831 he entered Kenyon College. remaining there until the fall of 1832. A professorship in memory of that period of his life has been endowed by An- drew Carnegie, and a fine oil portrait the work of C. P. Filson, has been presented by Col. John McCook. After leaving college he clerked in Mr. Turnbull's branch store in Columbus, when he returned to Steuben- ville and studied law with his guardian, Daniel L. Collier. He began the practice of law at the age of twenty-one, and opened an office in Cadiz, where he was soon after elected prosecuting attorney of Harrison County. He had never given up his Steubenville practice, and that now de- manding more attention he returned here in 1838 and formed a partnership with Hon. Benjamin Tappan. He engaged actively in politics as a Jacksonian Demo- crat, and was as antagonistic toward his opponents, both in law and politics, as
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