Commemorative historical and biographical record of Wood County, Ohio : its past and present : early settlement and development biographies and portraits of early settlers and representative citizens, etc. V. 1, Part 15

Author: Leeson, M. A. (Michael A.) cn; J.H. Beers & Co. cn
Publication date: 1897
Publisher: Chicago : J.H. Beers & Co.
Number of Pages: 1060

USA > Ohio > Wood County > Commemorative historical and biographical record of Wood County, Ohio : its past and present : early settlement and development biographies and portraits of early settlers and representative citizens, etc. V. 1 > Part 15

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CHAPTER XIII.

COUNTY BUILDINGS-FIRST COURT HOUSE AND JAIL AT PERRYSBURG -- SECOND COURT HOUSE AT PERRYSBURG-THIRD COURT HOUSE, ERECTED AT BOWLING GREEN -- THE PRESENT COURT HOUSE AT BOWLING GREEN-JAILS-INFIRMARY.

N the chapters devoted to the Transactions of the Commissioners and the Common Pleas Court, the question of county buildings is incidentally noticed. It is an important sub- ject, for, from 1820 to Centennial Year, the am- bitions of three or more towns kept the county in a condition of turmoil, of which, happily, there are but few examples this side of Kansas. The first move was from ancient Maumee to the pre- cocious town of Orleans of the North, and thence, by force of circumstances, to Perrysburg.

At the first meeting in Perrysburg, March 3, 1823, H. P. Barlow, Samuel Spafford and John Pray composed the board. Their first official act was to award a contract to Daniel Hubbell and Guy Nearing for a court house to cost $895. In the same month, at a special session, they allowed Daniel Hubbell $48 for moving the log jail over from Maumee, and ordered the auditor to expend a sum not to exceed $25 more in repairs on the building. At the same meeting the board made an order for the auditor to advertise and sell 105 lots to pay for the court house. After lots enough to pay for the court house were sold, buyers had the privilege of exchanging county orders for lots if they so desired. The minimum price of lots was $20 each, one-fourth to be paid at time of purchase, the residue in six-months' installments. For some cause the county com- missioners did not follow the recommendation of the State commission in locating their court house and jail on Lot 387 as the best site; prob- ably that lot had been sold before the county made its selection. The buildings were put on Front street, just west of where that street cor- ners with Louisiana avenue. The trees and brush had to be cut off to make room, even for the teams to haul material on the lots. Most of

. the lumber came from Leaming's sawmill at Monclova; the shingles were split out of white- oak trees. First, the tree was sawed in sections, split into bolts, and these were split into thin slats or boards with a tool called a "fro." smoothed up with a drawing-knife on a " shingle-

horse," and nailed on the roof; they were called "lap shingles." Few carpenters now. if called upon, would know how to make an oak shingle, or properly put it on a roof after it was made. The brick for the chimneys were made at Hub- bell's, at Miami.

The second court house at Perrysburg was a Roman-Doric structure, built in the basilica style, under authority of the Act of the commissioners, recorded in 1837. The building, as then designed, was to be 50 x 70 feet, and thirty feet in height above the foundation. The specifica- tion provided that " the foundation be stone, and the roof be similar to that of the Universalist church building, with the 'cupaloe' on the end of the house. The lower story be divided on one side into four rooms of equal size, and these be fire-proof, and two rooms on the other side of the hall be twelve feet wide, and at the end of the hall, the upper story, or court room, to be made to the draft, the front of the building is to have a projection of five feet to extend over the columns. There are to be four of these columns in front." In March following, the sum of $10,000 of the surplus revenue was appropriated for building purposes; on April 17, Jairus Curtis and Loomis Brigham signed the building con- tract. When this brick building was completed in 1843, it was found to have cost the county $20,000. Subjected to repairs periodically, and used down to April, 1870, it was burned in 18;3. and the' city hall of Perrysburg erected on it> site.

The third court house was erected at Bowling Green by the people, in accordance with promises made prior to the removal of the county seat. It was used down to 1894, when the records were moved to the city hall, which was used for court- house purposes until the new building was com- pleted in 1896.

In 1894, on the occasion of placing the corner stone of the present court house, Benjamin F. James made the following reference to the old house which was torn down in December, 1893:

WOOD COUNTY, OHIO.

"Six and twenty years ago, Wood county ex- perienced slightly similar strife and dissension within; for seven years the war waged, and the contestants, each striving for supremacy over this temple of justice, watched one another as fiercely as the Caledonians watched Agricola during those seven years of the Roman Conquest in Britain. All honor to our Caledonian neighbors of the North, and their valor for seeking to save what they deemed theirs by right of discovery; then it was, however, that this vicinity appreciated the sterling strength, the unselfish loyalty, the sublime sacrifices of Norton Reed, A. J. Man- ville, S. L. Boughton, John H. Reed, A. A. Thurstin, Joseph Hollington, and, later, Earl W. Merry, the Mercers, the Rogers, C. W. Evers, Judge Phelps, John W. Canary, the McMahans, Mr. Lehmann, and an hundred others. July 4, 1868, was only a day, and a day seems of sinall moment in the history of any county; but the events of a day ofttimes . change the current of a nation's life blood, strip an empire of supremacy, and clothe the weakest kingdom with wonderful power.'"

The corner stone of the new court house was placed July 4, 1894, with great ceremony, by Commander J. C. Whitaker, of the Patriarchs Militant, I. O. O. F. On this stone is the in- scription: Erected A. D. 1894. Samuel Knight, James Gibson, Chris. C. Gundy, Com. John B. Wilson, auditor. Within it was placed a copper box, containing remains of the contents of the corner stone of the old court house, built in 1868, and dismantled December 21, 1893, with copies of Bowling Green Daily and Weekly Sentinel. Tribune, Democrat: North Baltimore Beacon, Times; Perrysburg Journal ; Bloomdale Derrick : Weston Herald: Pemberville Lcader; Bradner Neres; Grand Rapids Triumph ; Toledo Commer- cial, Blade ; picture of Gen. H. Gibson, orator of the day; copy of law granting commissioners power to build new court house; names of the judiciary and bar of Wood county, from its organization to the present; copper plate containing names of all present county officers; copper plate contain- ing names of all officers of Bowling Green; cop- per plate containing names of all business men of Bowling Green ; copper plate containing names of C. T. Campbell, Grand Sire of Sov. Grand Lodge I. O. O. F .; Gen. J. C. Whitaker, Com- manding Dept. O. P. M., I. O. O. F .; Grover Cleveland, President of the United States; and Wm. Mckinley, Governor of Ohio. Addresses were delivered by A. B. Murphy, prosecuting attorney; Benjamin F. James, representative in the Legislature, and the late W. H. Gibson.

The following description of the building is in part taken from an article prepared by Frank A. Baldwin, of Bowling Green. The building, which is entirely of stone, is located on the site of the old court house, and has a frontage of 150 feet on each of Court, Prospect and Summit streets.

"The style of architecture is the modernized Romanesque, and it has been faithfully carried out in every detail, making a structure pleasing to the eye, substantial in appearance and con- venient in arrangement.

"The massive walls throughout the entire building rest upon the solid rock, giving assur- ance of the greatest permanence and stability. The tower, square in front, rises to a height of 185 feet, and within it, near the top, is placed the clock, having four dials facing the points of the compass, and a 2,000-pound bell for striking the hours. From the higher openings is afforded a magnificent view of the surrounding country for many miles. The sub-basement extending under the entire area of the building is sub- divided into several rooms. In it is placed the boilers, engine and machinery for supplying heat. light and power, and affords ample space for fuel and general storage.

"The main entrance, with its beautifully carved, massive archway, is unique in design and charming in appearance. The outside stairway, common to buildings generally, is entirely dis- pensed with, entry being made to the basement or ground floor through a well lighted and richly ornamented vestibule. At the northwest corner on this floor is located the assembly room. It contains 128 opera chairs, speakers' tables, etc., with a committee room opening from the east side. * :

* At the northeast corner is

It is located the teachers' examination room. well lighted and ventilated, and has individual desks and seats for 66 persons. The offices of the coroner and surveyor are located at either end of the corridor, and the board of elections will occupy a commodious room with openings to the main vestibule and corridor. Well appointed toilet rooms are provided directly opposite the main entrance, the ladies' room being on the right and the gentlemen's on the left, and in the rear of the main staircase.

"The grand stairway, with its polished mar- ble steps and electro-bronzed railings, ascends from the middle of the basement corridor to the main floor. Opposite the landing is the drink- ing fountain, an elaborately carved piece of mar- ble, which is highly ornamental as well as useful. The metal railing surrounding the

WOOD COUNTY, OHIO.

stairway opening is surmounted with Athen- ian marble columns, rising singly and in groups to the ceiling above.

" From the stair landing, turning to the right and making a circuit of the corridor, we pass in their order the offices of the commissioners, re- corder, probate judge, prosecuting attorney, treasurer and anditor. Broad stairways ascend from each end of this corridor to the upper floor. The view presented from this point is one of en- trancing beauty. The vaulted ceiling, with its broad panels of colored glass, admits a soft and mellow light to blend with the varied tints of fresco which adorn the walls.

"Upon the eastern wall is presented a pic- ture of Wood county's most noted and historic ground-Fort Meigs. #

* On the opposite wall is a painting from a sketch drawn near the Toledo & Ohio Central railway depot at Portage, looking south. "

'"The common pleas court room occupies the east end of this floor. It is also finished with high- vaulted ceilings, paneled, with art glass of rich design. The room is not as large as the old one, but it is ample for all ordinary occasions. It con- tains 142 opera chairs of spacious and comfortable design. Its acoustic properties are perfect, and all the surroundings and appointments are of a nature calculated to awaken the kindlier instincts of nature, and smooth the troubled waters of liti- gation. The petit jury is provided with easy re- volving chairs placed on a portable rostrum, and has a large cheerful room on the south side in which to deliberate on its verdict. *

* On the opposite side of the corridor is the grand jury room. It is liberal in dimensions, well furnished, convenient to the court room, and the usual grist of indictments will there be ground out with neat- ness if not with dispatch. The judge's private room occupies the southeast corner of this floor, and the west end is devoted to the offices of the clerk and sheriff. On the north side are witness rooms for separate use of men and women, with toilet rooms adjacent to each. A library and a consultation room on the south side complete the subdivisions of this floor. ¥

* All the prin- cipal offices are in suites of three rooms each, with ample space for records, and supplied with all the modern conveniences for the transaction of business. All the principal corridors and the outer portion of the offices have floors of vitri- fied tiling laid in ornamental designs, and the corridors are wainscoted to a height of six feet with Italian marble."

The net cost of the building was $222, 895.94; total cost of completed building, fully furnished with grounds improved, $255,746.84. At this writing (September 1, 1896) the building is prac- tically ready for occupancy, although not fully completed.

Jails. The original jail building was moved from Maumee to Perrysburg in March, IS23, and its reconstruction completed March 19 of that year, the total cost of moving and rebuilding being $48, paid to Daniel Hubbell, and $25 for repairs. This jail was in use down to June, 1828, when Elisha Martindale, the contractor for a new building, offered it to the commissioners. In 1832, a stockade was constructed. In Febru- ary, 1835, the question of erecting a building around the jail of IS28, was considered, but that for building a new court house was sub- stituted and adopted. The jail question was re- vived in 1846; in June of that year, Inlot No. 210 was purchased as a site; on July 7, the build- ing contract was awarded to John W. Woodbury, S. N. Beach, Henry Thornton, Daniel Lindsay and O. H. Carpenter; but the house was not completed until the close of 1848. That build- ing may be said to have been used down to 1870. when the seat of justice was removed to Bowling Green. On March 3, 1868, a tax of $5,000 was ordered to be levied; but this order was rescinded two days later. In March, 1869, the order to erect a jail at Bowling Green was entered, and, on May 6, the bid of $9,000 made by S. L. Boughton and A. A. Thurstin, was accepted, the condition being that the contractors could use the stone, iron and other material of the old jail at Perrysburg, in the new building.

Infirmary. The initial movement for provid- ing a home for the poor of this county was made in June, 1827, as related in the chapter on Transactions of the Commissioners. Not until 1865, however, was the question presented in practical shape. In April of that year a vote was taken on an appropriation for the purpose of purchasing a farm and erecting buildings; but not until March 3. 1868, were the first directors appointed, namely-John Yeager. R. W. Kelly and Henry Lundy. In June of that year, they awarded the building contract to A. K. Vail & Co .. on a bid of $4.900, the house to be built on the old Adam Phillips farin, of which the county obtained title. The directors and officers of the Infirmary are named in the list of officials, given in the political chapter.

CHAPTER XIV.

BENCH AND BAR-COURTS HELD AT MAUMEE, PERRYSBURG AND BOWLING GREEN-EARLY TRIALS, JUDGES AND JURORS-COURT INCIDENTS AND NOTORIOUS TRIALS-CHANGES OF OFFICERS --- JUDICIAL DISTRICTS -- JUDGES OF COMMON PLEAS-PROBATE JUDGES-PROSECUTORS-TRANS- ACTIONS OF SUPREME COURT-UNITED STATES DISTRICT COURT-JUSTICES' COURTS-MEM- BERS OF OLD AND NEW BARS.

T HE story of the courts and lawyers of this county presents a number of important civil cases, but only a few great criminal ones. From that time, in May, 1820, when the lower Maumee was visited by Judge Tod and his band of intellectual advocates, Wood county has been subjected to great physical and social changes. The Bench and Bar are no longer looked upon as traveling talkers, in search of frolic and of clients-scolding, wrangling and fighting for their friendly clients in court, forget- ting their fierce looks and gestures in a moment after adjournment, and meeting as old friends and boon companions in the neighboring tavern. The members of the modern law circle vary from the atoms of the pioneer Bar in methods and manners, making their profession a science and an art at once, and exercising a most beneficent influence on municipal, county and State affairs. The pleasant, genial Bohemianism of the Old Bar has disappeared, and, in its place, a profes- sion-at once business-like, permanent and use- ful in all its characteristics-has grown up.

And so, in philosophic vein, I say as I began,

Although the man of law loves peace and is a peaceful man, If dogs delight to bark and bite and doctors disagree, It were not well that all mankind should live in unity.

If with consummate peacefulness the Christian world were blest

Some occupations would be gone and the lawyer's with the rest

The first term of Common Pleas was opened at Maumee, May 3, 1820, as already related in Chapter XI. The first official act of Prosecutor McCurdy was to challenge the whole fifteen men summoned as grand jurors, and the court, sus- taining him, ordered the sheriff to summon a full jury from the by-standers. The persons so sum- moned were William H. Bostwick (foreman), Aaron Granger, John T. Baldwin, Parris M. Plum, Aurora Spafford, Jeremiah Johnston, William Pratt, Richard Gunn, Collister Haskins, Ephraim H. Leaming, Josephus Tyler, Daniel Murray, John

Hollister, Norman L. Freeman and John J. Lov- ett. On the day following, the jurors returncd true bills against the following named citizens: George Jones, who assaulted Ezra Crosby, and Thomas Gainor, who assaulted Joseph Willey. These indictments, with the appointment of Ho- ratio Conant to administer the estate of George D. Roberts, deceased, the trial of Thomas Gain- or, who was sentenced to pay $5 and costs; that of George Jones, who was ordered to pay $10 and costs, the indictment of Isaac Richardson for resisting the sheriff, and the granting of licenses, completed the day's work.

The petit jurors ready in the Gainor case were saved further trouble by the defendant's plea of "guilty," but were not so fortunate in the Jones case. According to the indictinent, this Jones, on April 3, 1820, at Maumee, "did make upon the body of Ezra Crosby and him, the said Crosby, then and there beat, bruise and wound, and his under lip did then and there bite off, and other enormities commit against the peace of God and of the good people of the State of Ohio, and contrary to the statute in such cases made and provided." The jury in the case in- cluded Benjamin Farnsworth, Thomas Gainor, Elijah Gunn, Jr., James Wilkinson, William Hunter, Edmund Palmer, Levi Osman, Sam- uel J. Varney, James C. Adams, Hiram P. Bar- low, Darius C. Henderson and James Carlin. The trial of Isaac Richardson, for resisting, beat- ing and abusing Constable George Campbell, was hastily finished, and for this trivial offense he had to pay $10 and costs, or just the same as Jones had to pay for his terrible assault and caninibalistic appetite. The charge of resist- ing Deputy-Sheriff George Patterson was with- drawn, and thus Isaac escaped with Pelion upon him, rather than Pelion and Parnassus, as full justice would have it.

The court also heard, and granted, an appli- cation for leave to elect three additional justices

WOOD COUNTY, OHIO.

for Waynesfield township. This township. it will be remembered, had vast territorial jurisdic- tion at that time, and Wilson Vance (brother of Gov. Vance) was appointed surveyor for the county.

In October, 1820, the same judges present, Thomas W. Powell produced his certificate of admission to the bar, and was appointed prose- cuting attorney. Following the example of McCurdy, he challenged the whole grand jury, and had a jury summoned from the audience, among whom were Seneca Allen, Jacob Wilkin- son, David W. Hawley, Artemus Underwood, Wilson Vance, John E. Hunt, Thomas McIlrath, David Buckland, Samuel Spafford, Dexter C. Gunn, James Hunter, Hiram P. Barlow, Thomas Leaming and John J. Lovett. The attorneys formerly admitted were Thomas W. Powell, Eleutherus Cook, Ebenezer Lane and Philip R. Hopkins, all of whom were interested in the trial of Joseph Kinjo for assault and battery, and all of whom were surprised when Judge Tod imposed upon him a fine of one dollar. New indictments were returned against George Jones and Thomas Gainor, old offenders, as well as against Thomas Carr, Isaac Richardson and William Griffith, for assault; against Neil Thompson, who "unlawfully. with force and arms, did sell the quantity of one pint of spirituous liquor of intoxicating quality, for the price of twenty-five cents, to certain In- dians," and against Thomson et al., for attempt- ing to abduct a negro, as related in the history of Perrysburg.

The principal business of the court, during 1821, was transacted by the associate judges, Judge Tod giving his attention to the criminal calendar.

In May, 1822, Daniel Hubbell qualified as associate Judge, under his commission of Febru- ary 4, that year. At this session the report of county-seat commissioners-Messrs. King, Payne and Sherman-was received and entered on the record.

Many indictments for selling spirituous liquors in a less quantity than a quart, and, in some cases, without license, were returned in 1821 and 1822. The report of the coroner, Francis Char- ter, in May, 1822, on the inquest over the body of Samtiel Ewing (who was murdered by one Lewis, at Roche-de-boeuf, March 9, 1822), was ignored on motion of Thomas W. Powell, and an indictment for manslaughter against John Lewis was substituted. Charles L. Laman was as- signed for the defence. French was found guilty of passing counterfeit bank notes, and was sentenced to a three-years' term in the Ohio penitentiary;

while Lewis, found guilty of manslaughter, re- ceived precisely the same punishment. He es- caped from jail, and was never again heard from. Judge Tod was present in September of this year. with Horatio Conant, Daniel Hubbell and Will- iam Pratt, associate judges-the last named being commissioned July 30, that year. Moses B. Corwin and Oliver Overton were permitted to practice here; Hiram P. Barlow was appointed administrator of the James Carlin estate, and a good deal of probate as well as county business was transacted, such as the will of Olive Spafford, the appointment of guardians and administrators, and the issue of mercantile, tavern and ferry licenses."

The last session of Common Pleas, held at Maumee, was that of February 12, 1823, when Walter Colton, William Pratt and John Hollister, associate judges, presided, under their conimis- sions dated January 24, 1823. The first session at Perrysburg, was held, March 27, that year, the same associate judges present. In May, Judge Tod came to Perrysburg, but finding no suitable place to hold court, adjourned to John Hollister's house at the town of Orleans, and finished the term there. Mr. Evers, in one of his historical papers, tells the story of this first term of court, as follows:

This term only lasted three days. There were only about thirty cases docketed; the largest judgment taken was for $780.50 in favor of James Boyd rx. Peter Lumbar. The grand jury, composed of the following named men, William Hunter, Daniel Hubbell, E. H. Learning, Elijah Gunn, Jr .. H. P. Barlow, William .Gunn, Arthur Burrows, Thomas Mclrath, Moses Rice, James Shirley. Anthony La Point, David Hull, Guy Nearing, John Webb and Timothy S. Smith, were sworn and only found one indictment, which finding charged a Frenchman named Rebideau with larceny; the Frenchman's lawyer picked a fatal flaw in the indict- ment, and Rebideau went free. That ended the State busi- ness that term. One civil case only, Thomas Smith ex. Israel Smith and John and William Hollister, was tried to a jury. The jurymen were Jonathan H. Jerome, Olean Dagget, Pierce Evans, Elisha Gunn, Neal Thompson, James H. Slawson, Antoine Peltier, Joseph Woolcut, Pain C. Parker, John Pray, Isaac Richardson and Aurora Spafford. At this term no less than twelve administrators and guardians were appointed, and four others removed for cause. As noticed in a previous chapter, the unusual number of deaths in this way disclosed, in that small community, was something frightful. Among those probate proceedings we note a few: James Carlin, the blacksmith, had died, and J. H. Forsyth was appointed guardian for Parlee, his sixteen-year-old son, who, in after years with his brother, Squire Carlin, became leading citizens of Findlay, Ohio, and have numerous descendants in Wood and Hancock counties; John Webb was guardian for Olive Ewing, afterward Mrs. Rolla H. Chubb, who has numerous descendants living in Wood. Angelina Ewing had for her guardian Thomas R. MeKnight. and Samuel Spafford acted for the other sister, Minerva Ewing. These three sisters, the oldest of whom was thirteen years of age, were the daughters of one of Wood county's first commissioners, Sammel 1. Ewing, and sisters of Will- iam Ewing, in later years a probate judge of the county. Their father and mother had both fallen victims to the Maumee fever. Charley Robey's widow was appointed

WOOD COUNTY, OHIO.

administratrix on the estate of her husband, who was the father. of the boy, Curtis Robey, who became noted as an Indian interpreter, and also Charles, who commanded the ill-fated " Griffith," a steamer, whose destruction by fire on Lake Erie in 1851 was attended by such great loss of life, including Robey himself and his wife. Collister Haskins was appointed guardian for Martha Russ; Isaac Cook was appointed administrator of Horace Cook's estate; H. P. Bar- low was appointed guardian for Anthony, also Henry Ewing (later known as Uncle Hank Ewing), then boys of fourteen and twelve years of age, respectively. They were the sons of Samuel Ewing, killed at Roche-de-boeuf, as were Samuel and John, younger children, whose guardian was Pain C. Parker.

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Commemorative historical and biographical record of Wood County, Ohio : its past and present : early settlement and development biographies and portraits of early settlers and representative citizens, etc. V. 1, Part 15

Author: Leeson, M. A. (Michael A.) cn; J.H. Beers & Co. cn Publication date: 1897 Publisher: Chicago : J.H. Beers & Co. Number of Pages: 1060

Author: Leeson, M. A. (Michael A.) cn; J.H. Beers & Co. cn
Publication date: 1897
Publisher: Chicago : J.H. Beers & Co.
Number of Pages: 1060