Historical collections of Ohio in two volumes, an encyclopedia of the state, Volume I, Part 111

Author: Howe, Henry, 1816-1893
Publication date: 1907
Publisher: Cincinnati : Published by the state of Ohio
Number of Pages: 1006

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About 10 o'clock Bowman and his party commenced their march homeward, after

having nine men killed. What loss the In- dians sustained was never known, except Blackfish, their principal chief, who was wounded through the knee. After receiving the wound, Blackfish proposed to surrender, being confident that his wound was danger- ous, 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, be- fore 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 dis- covered that their object was to retard their march until they could procure reinforce- ments from the neighboring villages.

As soon as a strong position was taken by Col. Bowman, the Indians retired, and he resumed 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 aban- doned their pursuit. Bowman crossed the Ohio at the mouth of the Little Miami, and after crossing, the men dispersed to their several homes.

In the summer after this expedition Gen. Clark invaded the Indian country, an account of which is related under the head of Clark County. On his approach the Indians burnt Old Chillicothe.

The article relating to early times in Greene county is slightly abridged from a communication by Thomas C. Wright, Esq., the county auditor.

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

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former obscurity, and check the pride which power is so apt to engender in the heart of man. The annexed 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 account of the historieal associations it raises in the memory of the first judicial pro- ceedings and organization of Greene county.

The house, of which the engraving is a correct representation, is yet (1846) standing, five and a half miles west of Xenia, near the Dayton road. It was built by Gen. Benj. Whiteman, a short distance south of the log . eabin 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 thirty miles distant, in the centre 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 town- ships, and after transacting some other busi- ness, they adjourned " until court in course," having been in session one day.

The First Court for the trial of eauses was held in the same house, on Tuesday, Aug. 2, 1803, with the same associate judges, and Franeis Dunlavy, presiding judge, and Daniel Simms, prosecuting attorney. "And there came a grand jury, to wit : Wm. J. Stewart, foreman, John Wilson, Wm. Buckles, Abrmi. Van Eaton, James- Snodgrass, John Judy, Evan Morgan, Robt. Marshall, Alex. C. Armstrong, Joseph C. Vance, Joseph Wilson, John Buckhannon, Martin Menden- hall and Harry Martin, who were sworn a grand jury of inquest, for the body of Greene county." After receiving the charge " they

FIRST COURT-HOUSE IN GREENE.

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 becom- ing gravity, are sitting behind a table ready for business, and the grand jury making solemn inquest of crimes committed, the contrast between the state of the county then and at present, naturally presents itself to the mind. Since then, forty-four years ago -a period within the recollection of many of our citizens-and what a change ! Then it was almost an entire wilderness-a primeval forest, planted by the hand of na- ture. The first house in Greene county was built by Daniel Wilson, who is now living near Centerville, Montgomery county. It was raised on the 7th day of April, 1796, about four miles from where Bellbrook has long since been laid out, in Sugarereek town-

ship. In 1798 Thomas Tounsley settled near the falls of Massie's creek, some eight miles from Xenia. The same year James Gallo- way, Sr., settled on the Little Miami, two miles north of Oldtown. Isaiah and Wm. Garner Sutton erected the first house in Cæsar's Creek township, in 1799, about five 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 it 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, con- tained 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 eabin with a little patch of a corn-field, thickly dotted over with girdled trees. A bridle- path, or blazed trees, led the traveller from

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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.

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 re- tired. But they were not permitted to re- main 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 fisticuffs, 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 "law's 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, obliging 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 eight or ten 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 con- clusion, 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 be- fore the grand jury, and nine bills of in- dictment were found the same day-all for affrays and assaults and batteries committed after the court was organized. To these in- dictments the parties all pleaded guilty, and were fined-Davis among the rest, who was fined eight dollars for his share in the trans- actions 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, Jr., being well quali- fied, was appointed surveyor of said county." On the second day of the term Joseph C. Vance (father of ex-Gov. Vance, of Cham- paign county) was appointed to make the necessary arrangements for establishing the

seat of justice, who, with David Huston and Joseph Wilson, his securities, entered into a bond, with a penalty of $1500 for the faith- ful performance of his duties. He surveyed and laid out the town of Xenia (which, by the way, is an old French word, signi- fying 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 Xenia, finding chainmen, making plots and selling lots." On the third day of the term Daniel Symmes was allowed twenty dollars for prose- cuting in behalf of the State. The presiding judge then left the court, but it was con- tinued 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 Springfield, 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, "to- gether 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 hominy and new corn whiskey could be had in abundance. Perhaps the court was a little interested in granting the license. Like old Jack Falstaff, they might like "to take their own ease in their own inn." James Galloway, Sr., was appointed county treasurer. The court then adjourned, having been in session three days.

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 fifty 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 White- man, Esq., was appointed, in behalf of the county, to contract for repairing it-a de- cisive mark of civilization. Among the allowances, at this term, there was one of six dollars to Joseph C. Vance, for carrying the election returns of Sugar Creek township to Cincinnati ; and a like sum to David Huston, for returning the poll-book of Beaver Creek. He afterwards held the office of associate judge twenty-one years, and twice represented Greene county in the State legislature. He lived the life of an honest man-was beloved and respected by all who knew him. He died in 1843. The clerk and sheriff were allowed twenty dollars each for ex-officio fees, and Jacob Shingledecker, nine dollars and fifty cent, for preparing the block-house to serve as a jail-a great per- version from the original design of the build- ing, as it was intended at first to keep un- welcome visitors out, and ended in keeping

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unwilling visitors in. It was ordered by the court, that the inhabitants of Mad River township should be exempted from the pay- ment 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 sur- prised 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 con- tributed 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 Max- well, 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 uniu 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 in- side of the block-house. On the first day of this term, the Rev. Robert Armstrong re- ceived 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 neighborhood 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 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 popu- lation-strict in observing the Sabbath and in 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 hav- ing but a few inches of handspike, the weight

of it resting mostly on him. The person with whom he was lifting, seeing his situa- tion, 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 circum- stance, 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 rs. Peter Borders, leave was given to amend the declaration, on payment of costs-an indicas tion 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 twenty-four cents, upon which " he paid the jury and constable 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 : Wil- liam 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 con- troversy was in which such heavy damages were admitted. The court decided that the fee paid to the State's attorney, at the August term, was illegal, and should be refunded. This was the result of "sober second thoughts" of the court about that twenty dollar fee, for which the attorney came from Cincinnati, more than fifty miles, through the woods, and drew nine bilis 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 va. cancy 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 inter-

sect 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 subdivisions 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

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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, con- taining 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 old volume of The Arabian Nights Entertainment ! From this mistake, or some unknown canse, the practice of swear- ing 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 indict- ment, and were discharged the same day.

In proportion as cases of assault and bat- tery 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 pro- duced 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 de- feated the Indians in 1780. On this day 22 cases were called : 11 continued, 2 settled, 1 judgment, 5 ruled for plea in 40 days, 1 in 10 days, 1 discontinued and I abated by death. This was certainly a pretty fair beginning, and quite encouraging to the learned profession.

The total amount of taxable property re- turned 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 forty-three years. They fought less and lawed more. In newly settled coun- ties, 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 con- tentions and quarrels are carried and finally disposed of. If one cannot afford the fine or imprisonment 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 vex- atious lawsuits.

And now we take leave of our primitive dwelling-house, court-house and tavern. It is still standing, and occupied as a residence. While our drawing was being taken, an old- fashioned long-handled frying-pan was over the fire-its spacious bottom well paved with rashers of ham, sending forth a savory odor, enough to make a hungry person's month water. What scenes it has witnessed-what memories it recalls! It has witnessed the organization of the county, the first adminis- tration of law and justice, the first exercise of the right of suffrage through the ballot- box, and the first legal punishment of erimi- nals. Near it the first corn was ground into meal for the use of the settlers, and here they rallied to build block-houses to protect them from the hostile attacks of the Indians. As a tavern many a weary traveller, through the tall and lonely forest, has been sheltered and refreshed beneath its humble roof. How many buckeye lads and lasses have been reared within its walls-for

" Buirdly chiels and clever hizzies Are bred in sic a way as this is !"

How many jovial dances have been had on its puncheon floor ! While we may suppose some lame or lazy fellow seated on a stool in a corner, prepared with an awl or Barlow knife, to extract splinters from the heels of the dancers, as fast as the sets were over. How many courtships have been carried on during the long winter nights-the old folks asleep, and the young lovers comfortably toasting their shins over the decaying embers-happy in present love, and indulging in bright an- ticipations of housekeeping in a cabin.

Long mayest thou stand, old relic, as a memento of pioneer life, primitive simplicity and good old-fashioned honesty, to remind the rising generation of the hardships and privations our pioneer fathers encountered in first settling the county, and to show by this humble beginning, compared with the present state of improvement, how much honest labor, painstaking industry and thrifty management can accomplish.

JOSIAH HUNT, THE INDIAN FIGHTER.

JOSIAH HUNT resided in this county in the time of the last war with Great Britain. He was a stout, well-formed, heavy-set man, capable of enduring great

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hardships and privations, and was then a member of the Methodist Episcopal church. There was a tone of eandor and sincerity, as well as modesty, in his manner of relating the thrilling scenes in which he had been an actor, which left no doubt of their truth in the minds of those who heard him. He was one of Wayne's legion, and was in the battle of the Fallen Timber, on the 20th of August, 1794.

At the commencement of the onset, just after entering the fallen timber, Hunt was rushing on and about to spring over a fallen tree, when he was fired at by an Indian con- cealed behind it. The latter was compelled to fire in such haste that he missed his aim. It was, however, a close shave, for the bullet whizzed through the lock of his right temple, causing that ear to ring for an hour after. The Indian's body was entirely naked from the waist up, with a red stripe painted up and down his back. As soon as he fired he took to his heels. Hunt aimed at the centre of the red stripe, the Indian running zig-zag "like the worm of a fence." When he fired, the Indian bounded up and fell forward. He had fought his last battle.

He was an excellent hunter. In the winter of 1793, while the army lay at Greenville, he was employed to supply the officers with game, and in consequence was exempted from garrison duty. The sentinels had orders to permit him to leave and enter the fort whenever he chose. The Indians made a practice of climbing trees in the vicinity of the fort, the better to watch the garrison. If a person was seen to go out, notice was taken of the direction he went, his path ambushed and his scalp secured. To avoid this danger, Hunt always left the fort in the darkness of night, for said he, "when once I had got into the woods without their knowledge, I had as good a chance as they." He was ac- customed, on leaving the fort, to proceed some distance in the direction he intended to hunt the next day, and bivouac for the night. To keep from freezing to death, it was neces- sary to have a fire ; but to show a light in the enemy's country was to invite certain de- struction. To avoid this danger he dug a hole in the ground with his tomahawk, about the size and depth of a hat crown. Having pre- pared it properly, he procured some roth, meaning thick white-oak bark, from a dead tree, which will retain a strong heat when covered with its ashes. Kindling a fire from flint and steel at the bottom of his "coal pit," as he termed it, the bark was severed into strips and placed in layers crosswise, until the pit was full. After it was sufficiently ignited it was covered over with dirt, with the exception of two air holes in the margin, which could be opened or closed at pleasure. Spreading down a layer of bark or brush to keep him off the cold ground, he sat down with the "coal pit " between his legs, en- veloped himself in his blanket, and slept cat- dozes in an upright position. If his fire be- came too much smothered, he would freshen it up by blowing into one of the air holes. He declared he could make himself sweat

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Historical collections of Ohio in two volumes, an encyclopedia of the state, Volume I, Part 111

Author: Howe, Henry, 1816-1893 Publication date: 1907 Publisher: Cincinnati : Published by the state of Ohio Number of Pages: 1006

Author: Howe, Henry, 1816-1893
Publication date: 1907
Publisher: Cincinnati : Published by the state of Ohio
Number of Pages: 1006