USA > Ohio > Historical collections of Ohio, containing a collection of the most interesting facts, traditions, biographical sketches, anecdotes, etc., relating to its general and local history : with descriptions of its counties, principal towns, and villages > Part 28
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* Notes on Kentucky.
t Joseph Wood, Esq., of Marietta.
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Another early pioneer,* who knew Boone well, says in a commu- nication to us :
It is now (1847) 54 years since I first saw Daniel Boone. He was then about 60 years old, of a medium size, say 5 feet 10 inches, not given to corpulency, retired, unobtrusive, and a inan of few words. My acquaintance was made with him in the winter season, and well remember his dress was of tow cloth, and not a woollen garment on his body, unless his stockings were of that material. Home-made was the common wear of the people of Ken- tucky, at that time : sheep were not yet introduced into the country. I slept four nights in the house of one West, with Boone : there were a number of strangers, and he was constantly occupied in answering questions. He had nothing remarkable in his personal appearance. His son, Capt. N. Boone, now an old man, is serving in the 1st regiment United States Dragoons.
In July, 1779, the year after Boone escaped from Old Chillicothe, Colonel John Bowman, with 160 Kentuckians, marched against the town. The narrative of this expedition is derived from the " Notes on Kentucky."
The party rendezvoused at the mouth of the Licking, and at the end of the second night got in sight of the town undiscovered. It was determined to await until daylight in the morning before they would make the attack ; but by the imprudence of some of the men, whose curiosity exceeded their judgment, the party was discovered by the Indians before the officers and men had arrived at the several positions assigned them. As soon as the alarm was given, a fire commenced on both sides, and was kept up, while the women and children were seen running from cabin to cabin, in the greatest confusion, and collecting in the most central and strongest. At clear day-light, it was discovered that Bowman's men were from seventy to one hundred yards from the cabins, in which the Indians had col- lected, and which they appeared determined to defend. Having no other arms than tom- ahawks and rifles, it was thought imprudent to attempt to storm strong cabins, well de- fended by expert warriors. In consequence of the warriors collecting in a few cabins con- tiguous to each other, the remainder of the town was left unprotected, therefore, while a fire was kept up at the port holes, which engaged the attention of those within, fire was set to 30 or 40 cabins, which were consumed, and a considerable quantity of property, con- sisting of kettles and blankets, were taken from those cabins. In searching the woods near the town, 133 horses were collected.
About 10 o'clock, Bowman and his party commenced their march homeward, after hav- ing nine men killed. What loss the Indians sustained, was never known, except Black- fish, their principal chief, who was wounded through the knee and died of the wound.t After receiving the wound, Blackfish proposed to surrender, being confident that his wound was dangerous, and believing that there were among the white people surgeons that could cure him, but that none among his own people could do it.
The party had not marched more than eight or ten miles on their return home, before the Indians appeared in considerable force on their rear, and began to press hard upon that quarter. Bowman selected his ground, and formed his men in a square ; but the Indians declined a close engagement, only keeping up a scattering fire, it was soon discovered that their object was to retard their march until they could procure reinforcements from the neighboring villages.
As soon as a strong position was taken by Col. Bowman, the Indians retired, and he re- sumed the line of march, when he was again attacked in the rear. He again formed for battle, and again the Indians retired, and the scene was acted over several times. At length, John Bulger, James Harrod and George Michael Bedinger, with about 100 more mounted on horseback, rushed on the Indian ranks and dispersed them in every direction. After which the Indians abandoned the pursuit. Bowman crossed the Ohio at the mouth of the Little Miami, and after crosssing, the men dispersed to their several homes.
In the summer after this expedition, Gen. Clark invaded the In-
* Col. John Johnston.
t This is an error. A late publication gives evidence that he was killed in an excur- sion into Kentucky, by a white woman .- H. H.
: HOWELL
HIGH STREET, COLUMBUS.
1
G
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dian country. On his approach, the Indians reduced Old Chillicothe to ashes. See page 85.
The article relating to early times in Greene county, is slightly abridged from a communication by Thomas C. Wright, Esq., the county auditor.
First Court House in Greene.
After Abdolonymus had been taken from his humble station in life, and made king of Sidonea, it is said he kept a pair of wooden shoes near his throne, to remind him of his for- mer obscurity, and check the pride which power is so apt to engender in the heart of man. The above drawing is deemed worthy of preservation, not only as a memento of early times, and serving as a contrast to the present advanced state of improvement, but on ac- count of the historical associations it raises in the memory of the first judicial proceedings and organization of Greene county.
The house, of which the engraving is a correct representation, is yet standing, 53 miles west of Xenia, near the Dayton road. It was built by Gen. Benj. Whiteman, a short dis- tance south of the log cabin mill of Owen Davis, on Beaver creek. This mill, the first erected in Greene, was finished in 1798. A short distance east, were erected two block- houses, and it was intended, should danger render it necessary, to connect them by a line of pickets, and include the mill within the stockade. This mill was used by the settlers of " the Dutch Station," some 30 miles distant, in the center of Miami county.
On the 10th of May, 1803, the first court for organizing Greene county, was held in this house, then the residence of Peter Borders. Wm. Maxwell, Benj. Whiteman and James Barret were the associate judges, and John Paul, clerk. The first business of the court was to lay off the county into townships, and after transacting some other business, they adjourned " until court in course," having been in session one day.
The first court for the trial of causes, was held in the same house, on Tuesday, Aug. 2d, 1803, with the same associate judges, and Francis Dunlavy, presiding judge, and Daniel Simms, prosecuting attorney. "And there came a grand jury, to wit : Wm. J. Stewart, foreman, John Willson, Wm. Buckles, Abrm. Van Eaton, James Snodgrass, John Judy, Evan Morgan, Robt. Marshall, Alex. C. Armstrong, Joseph C. Vance, Joseph Willson, John Buckhannon, Martin Mendenhall and Harry Martin, who were sworn a grand jury of inquest, for the body of Greene county." After receiving the charge, " they retired out of court ;" a circumstance not to be wondered at, as there was but one room in the house. Their place of retirement, or jury room, was a little squat-shaped pole hut, shown on the right of the view.
And now, while their honors, with becoming gravity, are sitting behind a table ready for business, and the grand jury making solemn inquest of crimes committed, the contrast bc- tween the state of the county then and at present, naturally presents itself to the mind. Cipa then, forty-four years ago-a period within the recollection of many of our citizens-
25
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and what a change ! Then it was almost an entire wilderness-a primeval forest, planted by the hand of nature. The first house in Greene county was built by Daniel Willson, who is now living near Centerville, Montgomery county. It was raised on the 7th day of April, 1796, about 4 miles from where Bellbrook has long since been laid out, in Sugarcreek township. In 1798, Thomas Tounsley settled near the falls of Massie's creek, some 8 miles from Xenia. The same year, James Galloway, sen., settled on the Little Miami, 2 miles north of Oldtown. Isaiah and Wm. Garner Sutton erected the first house in Cæsar's creek township, in 1799, about 5 miles south of Xenia, near where the Bullskin road crosses Cæsar's creek. Cæsarsville was laid out by T. Carneal, in 1800, and the first house in ft was built the year following. It was expected to become the county seat, but was finally rejected in favor of Xenia. Cæsarsville, at the time of this court, contained a few log cabins, and so scattered about, miles apart, the traveller might find one of these primitive dwellings sending up its smoke from a mud and stick chimney among the giants of the forest, each cabin with a little patch of a corn-field, thickly dotted over with girdled trees. A bridle-path, or blazed trees, led the traveller from one to the other. But they were the abodes of contentment, simplicity of manners, whole-hearted hospitality and generosity of soul., which does honor to human nature and gives a charm to existence. We glance at the county as it now appears, teeming with population, in an advanced state of improve- ment and cultivation-farm contiguous to farm, with large barns-the hewed log-houses which succeeded log-cabins are mostly gone, and in their stead are commodious brick, stone and frame dwellings-flourishing orchards, numerous excellent mills-the whole county intersected with roads in every direction -- a railroad running through it, connecting it with the Queen city, and the same connection will soon be with Lake Erie, affording a speedy transportation to market of the immense quantities of produce raised by the farmers. The change is so great that it brings to mind the wonder-working wand of Prospero, which. being waved over a wilderness, had transformed it into a blooming garden. But the magi- cal wand, in this case, was free, white labor, persevering industry and good management.
But to return to the court. From a careful examination of the records and other sources of information, I cannot learn there was any business for the grand jury when they retired." But they were not permitted to remain idle long : the spectators in attendance promptly took the matter into consideration. They, doubtless, thought it a great pity to have a learned court and nothing for it to do: so they set to and cut out employment for their honors by engaging in divers hard fights at fisty-cuffs, right on the ground. So it seems our pioneers fought for the benefit of the court. At all events, while their honors were waiting to settle differences according to law, they were making up issues and settling them by trial " by combat"'-a process by which they avoided the much complained of " laws delay," and incurred no other damages than black eyes and bloody noses, which were regarded as mere trifles, of course. 'Among the incidents of the day, characteristic of the times, was this: A Mr. - , from Warren county, was in attendance. Owen Davis, the owner of the mill, who, by the way, was a brave Indian fighter, as well as a kind-hearted, ob- liging man, charged this Warren county man with speculating in pork, alias stealing his neighbor's hogs. The insult was resented-a combat took place forthwith, in which Davis proved victorious. He then went into court, and planting himself in front of the judges, he observed, addressing himself particularly to one of them, " Well, Ben, I've whipped that d-d hog-thief-what's the damage-what's to pay ? and thereupon, suiting the action to the word, he drew out his buckskin purse, containing 8 or 10 dollars, and slammed it down on the table-then shaking his fist at the judge, whom he addressed, he continued, " Yes, Ben, and if you'd steal a hog, d-n you, I'd whip you too." He had, doubtless, come to the conclusion, that, as there was a court, the luxury of fighting could not be indulged in gratis, and he was for paying up as he went. Seventeen witnesses were sworn and sent before the grand jury, and nine bills of indictment were found the same day-all for affrays and assaults and batteries committed after the court was organized. To these indictments the parties all pleaded guilty, and were fined-Davis among the rest, who was fined eight dollars for his share in the transactions of the day.
The following is the first entry made on the record after the grand jury retired : " The court then proceeded to examine the several candidates for the surveyor's office, and James Galloway, jun., being well qualified, was appointed surveyor of said county." On the 2d day of the term, Joseph C. Vance (father of ex-Gov. Vance, of Champaign county,) was appointed to make the necessary arrangements for establishing the seat of justice, who, with David Huston and Joseph Willson, his securities, entered into a bond, with a penalty of 1500 dol- lars, for the faithful performance of his duties. He surveyed and laid out the town of Xenia (which, by the way, is an old French word, signifying a new-year's gift,) the same season, for at the next December term, he was allowed "$49.25 for laying off the town of
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Xenia, finding chainmen, making plots and selling lots." On the 3d day of the term, Daniel Symmes was allowed twenty dollars for prosecuting in behalf of the state. The pre- siding judge then left the court, but it was continued by the associate judges for the trans- action of county business. In addition to the duties now pertaining to associate judges, they discharged the duties now performed by the board of county commissioners. Archi- bald Lowry and Griffith Foos, were each licensed to keep a tavern in the town of Spring- field, on the payment of eight dollars for each license. A license was also granted to Peter Borders to keep a tavern at his house, on the payment of four dollars, " together with all legal fees." So our old log-house has the honor of having the first learned court held within its rough walls ; and, in addition to that, it was, in fact, the first hotel ever licensed in the county in which hog and hommony, and new corn whiskey could be had in abundance. Per- haps the court was a little interested in granting the license. Like old Jack Fallstaff, they might like " to take their own ease in their own inn." James Galloway, sen., was ap- pointed county treasurer. The court then adjourned, having been in session three days.
Napoleon said, it was " but one step from the sublime to the ridiculous." Old Faneuil Hall has the proud boast of being the cradle of liberty; and it may be claimed for our old cabin, that it is the cradle of Greene county-in which it was organized -- in which was had the first judicial proceedings-whose walls first resounded with the eloquence of those long- robed gentlemen, of whom Martial has satirically said, " Iras et verba locant."
On the 19th day of the same month, (August,) the associate judges held another court for the transaction of county business. They continued to meet and adjourn from day to day, waiting for the lister of taxable property to return his book, until the 22d, when they made an order, that 50 cents should be paid for each wolf killed within the bounds of the county, and " that the largest block-house should be appropriated to the use of a jail ;" and Benjamin Whiteman, Esq., was appointed, in behalf of the county, to contract for repairing it-a decisive mark of civilization-and that the rights of meum and tuum were hereafter to be observed and enforced. Among the allowances, at this term, there was one of 6 dol- lars to Joseph C. Vance, for carrying the election returns of Sugar creek township to Cin- cinnati ; and a like sum to David Huston, for returning the poll-book of Beaver creek. He afterwards held the office of associate judge 21 years, and twice represented Greene county in the state legislature. He lived the life of an honest man-was beloved and re- spected by all who knew him. He died in 1843. The clerk and sheriff were allowed 20 dollars each for ex-officio fees, and Jacob Shingledecker, 9 dollars and 50 cents, for pre- paring the block-house to serve as a jail-a great perversion from the original design of the building, as it was intended, at first, to keep unwelcome visitors out, and ended in keeping unwilling visitors in. It was ordered by the court, that the inhabitants of Mad River town- ship should be exempted from the payment of taxes, or rather, their taxes were reduced two cents on each horse and one cent on each cow. The reason assigned for this favor, was " for erecting public buildings." As we have seen no public buildings yet but the two block-houses, and the one which figures at the head of this communication, the reader would, doubtless, be much surprised that the erection of these should be deemed sufficiently meritorious as, in part, to exempt the inhabitants from the payment of taxes. But these public buildings were situated in Cincinnati. We apprehend that but few of our citizens are aware of the fact, that the first settlers in this county contributed to the erection of public buildings in Cincinnati-the old stone court-house, we suppose, which was burnt down while used as barracks in time of the last war, and the hewed log jail which stood on the north side of the public square.
The first supreme court was held in the same house, on the 25th day of October, 1803, by their honors Samuel Huntingdon and Wm. Spriggs, judges ; William Maxwell, sheriff, John Paul, clerk, and Arthur St. Clair, Esq., of Cincinnati, prosecuting attorney. Richard Thomas was admitted an attorney and counsellor at law. Nothing more was done, and the court adjourned the same day.
At the November term of the court of common pleas, the first thing was to arraign Thomas Davis, a justice of the peace, for misconduct in office. He pleaded guilty, was fined one dollar, and ordered, in the language of the record, " to stand committed until performance." But what the misconduct was for which he was fined, the record sayeth not ; neither is it known whether he raised the dollar, or was made familiar with the inside of the block-house. On the first day of this term, the Rev. Robert Armstrong received a license to solemnize the rites of matrimony. He and the Rev. Andrew Fulton were sent, by the general associate synod of Scotland, as missionaries to Kentucky, and arrived at Maysville in 1798 ; but, not liking the institution of slavery, Mr. Fulton went to the neigh- borhood where South Hanover now is, Indiana, and Mr. Armstrong came to Greene county, Ohio. This was the commencement of the Seceder denomination in this county. From
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this small beginning, it has become the most numerous, perhaps, of any other in the county. They form a large portion of an orderly, law-abiding and industrious population-strict in observing the Sabbath and in the discharge of their religious duties, and correct in moral conduct. They are mostly farmers, in independent circumstances. Mr. Armstrong was a small man, of vast learning, with the simplicity, in some things, of a child. An anecdote is told of his being at a log-rolling, assisting to carry a log, and having but a few inches of handspike, the weight of it rested mostly on him. The person with whom he was lifting, seeing his situation, said, " stop, Mr. Armstrong-let me give you more handspike." " No," said the rev. gentleman, " no more stick for me ; I have already as much as I can carry." He was universally esteemed and respected. He died in 1818. He brought a very large library of books with him, and was very liberal in lending them. To this cir- cumstance, perhaps, may be attributed the fact, that more books have been sold and read in this county than in any other of the same population in the state.
At this term, in the case of Wm. Orr vs. Peter Borders, leave was given to amend the declaration, on payment of costs-an indication that some attention began to be paid to special pleading. The first civil case that was tried by a jury, was that of Wallingsford vs. Vandolah. A verdict was rendered for the plaintiff of 24 cents, upon which " he paid the jury and constables fees."
At the December term of the common pleas, four cases of assault and battery were tried by jury, which took up the first day. The day following, this entry was made: William Chipman vs. Henry Storm, "judgment confessed for one cent damages and costs." But such is the imperfect manner in which the records were kept, that it is impossible to ascertain what the subject matter of the controversy was in which such heavy damages were admit- ted. The court decided, that the fee paid to the states' attorney, at the August term, was illegal, and should be refunded. This was the result of " the sober second thoughts" of the court about that twenty dollar fee, for which the attorney came from Cincinnati, more than 50 miles, through the woods, and drew nine bills of indictment and attended to the cases. At this term, Andrew Read, an early settler near where the beautiful village of Fairfield now is, took his seat on the bench as associate judge, to fill the vacancy occasioned by the election of William Maxwell to the office of sheriff. The first view and survey of a new road route was granted at this term. It was to commence at Springfield, pass the Yellow spring and intersect the Pinkney road near Isaac Morgan's. Wm. Maxwell, Lewis Davis, and Thomas Tounsley were appointed viewers, and James Galloway, jun., surveyor. So our fellow-citizen, Maj. Galloway, was the first county surveyor, surveyed the first road by order of the court, and afterwards made a map of the county, in its present metes and bounds, showing all the surveys and sections of the land, with their divisions and subdi- visions into tracts. Tavern licenses were granted to Thomas Fream, William Moore, and James M'Pherson, to keep taverns in their houses for one year, and so ended the term.
The June term of 1804, was the last court ever held in the old log house. It was com- posed of the same judges, clerk and sheriff, with Arthur St. Clair, Esq., of Cincinnati, prosecuting attorney. The writer of this has been informed, he wore a cocked hat and a sword. William M'Farland was foreman of the grand jury. A singular incident took place at the opening of this court. There was a shelf in one corner, consisting of a board on two pins inserted in the wall, containing a few books, among which counsellor St. Clair searched for a bible, on which to swear the jury. At length he took down a volume, and observed, with his peculiar lisp, " Well, gentlemen, here is a book which looks thist like a testament." The foreman of the grand jury was accordingly sworn upon it-but the book, which so much resembled a testament in external appearance, turned out, in fact, to be an odd volume of The Arabian Nights Entertainment !! From this mistake, or some unknown cause, the practice of swearing on the Evangelists, has gone entirely out of use in this county, being substituted by swearing with the uplifted hand, or affirming. The grand jury found several bills of indictment, and were discharged the same day.
In proportion as cases of assault and battery begin to decrease, a sprinkling of civil suits make their appearance on the docket. Fourteen cases were called the first day, and all continued, except one, in which judgment was confessed, and stay of execution granted until next term. The entry of continuance was in this form: A. B. vs. C. D. E. F. and G. H. pledges for the defendant in the sum $ -. This form was observed in all cases, the amount being more or less, according to the subject matter in controversy. On Wednesday of this term, Joseph Tatman produced his commission as associate judge, and took the oath of office. He afterwards, in 1816, in company with Samuel and William Casad, laid out the town of Fairfield, not far from the site of an old Indian town, named Piqua, at which Gen. George R. Clark defeated the Indians, in 1780. On this day, 22 cases were called : 11 continued, 2 settled, 1 judgment, 5 ruled for plea in 40 days, one in
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10 days, 1 discontinued and 1 abated by death. This was certainly a pretty fair beginning, and quite encouraging to the learned profession.
The total amount of taxable property returned by the " listers," was $393.04, and this levy included houses and mills, if any. As to houses, there was but one returned, and that was valued for taxation at one dollar ! Considering the sparseness of population, and small amount of property in the county, the proportion of litigation was greater then, than at this time, 1847, when the total amount of taxable property is $6,583,673. So much of a change in 43 years. They fought less and lawed more. In newly settled counties, there appears to be a peculiar fondness among the people for lawsuits. After a court has been organized in a new county, they still continue to settle their difficulties by combat, until fines become troublesome. The court then becomes the arena in which their conten- tions and quarrels are carried and finally disposed of. If one cannot afford the fine or im- prisonment which would be incurred, by taking personal satisfaction, he can bring a suit, if any cause of action can be found, and no matter how small the amount claimed, or frivolous the matter, if he can only cast his adversary and throw him in the costs, he is as much gratified as if he had made him halloa " enough-take him off." It is this spirit which gives rise to so many trifling and vexatious law suits.
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