USA > Ohio > Jefferson County > History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley > Part 63
USA > Ohio > Belmont County > History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley > Part 63
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"GOAL."
It was also ordered by the court that a house be erected twen- ty-four by fifteen feet, of hewn logs, with shingle roof, strongly built, with a log partition across the centre, to be occupied as a "goal."
On the 26th of May, 1802, an order for $165.00 was given to Richard Butler for the building of the same.
POUND FOR ESTRAYS.
On August 25th, 1802, the court ordered to be erected in the town of Pultney, a pound, 66 feet square. To be built of posts and rails of good oak timber, and have a sufficient gate bung on good iron hinges, and fastened with a good lock and key. Pound to be used for the safe keeping of estrays.
DIVISION OF KIRKWOOD TOWNSHIP -- CHANGE OF ELECTION PLACES.
On Wednesday, February 24th, 1802, the township of Kirk- wood was ordered by the court to be divided as follows :
"By a line running with the range line north and south be- tween the fourth and fifth range ; the western part to retain the name of Kirkwood township; the eastern part to be called and known by the name of Richland township. The place of elec- tion to be held for Kirkwood township at the house now occu- pied by James Nowles, and the place of election for Richland township to be held at St. Clairsville, at the house now occu- pied by William Cougleton."
The place of holding election in Pultney township was di- rected to be at the house occupied by the court. For York-at the house occupied by James Smith. For Salem township at the house of James Henthorn, at the mouth of Sunfish.
On the 26th day of May, 1803, Belmont was divided into four election districts, as follows :
Pultney-to vote at the house of Jacob Repshire occupied by the court at Pultney.
Kirkwood } to vote at the house of James Nowels.
Richland f to vote at the house of John Thompson, Newels- town.
York ) to vote at the house of William Cougleton. Salem f to vote at the house of Robert Latte, Captina.
On February 23, 1802, the following named gentlemen were appointed by the court as commissioners of Belmont county : William Bell, to serve for three years;
Samuel Dille, to serve for two years ;
Jacob Lewis, to serve for one year.
An order was issued from the court to Jacob Ropshire (Judge) February 24, 1802, of $8.00, for house rent and fuel for use of courts during November and February terms.
REMOVAL OF THE SEAT OF JUSTICE.
In April, 1804, the seat of justice was removed from Pultuey to St. Clairsville, and on the 27th of August following the coun- ty property at the former place was sold on the order of the Commissioners. Mr. Daniel MeElherron purchased the prop- erty for the sum of $219.00
MJUST COURT IN ST. CLAIRSVILLE.
The first court of General Quarter Sessions and the County Court, with Calvin Pease, President Judge, hold their sessions in
the house of Wm. Cougleton, at St. Clairsville, on the 16th of April, 1804. Mr. C. was paid for preparing rooms for the dif- ferent courts the sum of $3.00.
KILLING OF JOHN HOLTZ BY SUNDERLAND-FIRST MURDER TRIAL.
[From the Court Journal.]
April Term.
Monday, 16, 1804.
"Supreme Court held at St. Clairsville, in and for the county of Belmont, on the 16th day of April, in the year of our Lord One Thousand Eight Hundred and Four, by the Honorables Return Jonathan Meigs, Samuel Huntingdon, and William Spriggs. Esquires, Judges of the same.
"William Brown, Samuel Shelby, William Craig, James Knox, Elizabeth Craig, William Cook, Basil Israel, William Woods, Dr. Wm. B. Herron, and William Mathews are several- ly recognized in the sum of one hundred dollars to appear be- fore this court to-morrow morning at ten o'clock, to give evi- dence in a cause now pending-the State of Ohio against Peter Sunderland, Jr.
"By consent of the attorney prosecuting for the State, and by consent of the prisoner, it is ordered that a venire facias do is- sue to the sheriff directed, commanding him to summon forty- eight good and lawful men from the body of the county, to serve as traverse jurors in the case of Peter Sunderland, Jr., re- turnable on Wednesday morning at eight o'clock.
April 17th.
"David Hall and Thomas Montgomery are each recognized in the sum of one hundred dollars not to depart the court without leave.
A grand Jury was called and sworn according to law, to-wit: Elias Ellis, Foreman ; Francis Bowen, Valentine Ault, George Delong, Edward Milner, Samuel Brown, John Bradshaw, Reas- on Masters, John Boyd, Joshua Hatcher, Arthur Morrison, Michael Carrol, and Edward Bryson, who, being daly qualified and sworn, retired. The grand jury came into court and pre- sented an indictment against Peter Sunderland, Jr., for the murder of John Holtz-a true bill. There being nothing fir- ther before them they were discharged.
State of Ohio vs. Peter Sunderland. Indictment for murder. The prisoner being this day brought to the bar and arraigned upon the indictment iound against him by the grand jury and pleaded not guilty, and for trial put himself upon God and his country, and, thereupon was again remanded to prison, to be brought up again to-morrow morning at eight o'clock.
Wednesday, April 18th.
"The prisoner was again set to the bar ; whereupon a jury being called, empaneled and sworn, came to-wit: Leon Okey, Andrew Marshall, John Dugan, Moses Given, John Nichols, Robert Giffen, Benjamin Masters, William Woods, Isaac Hoge, James E. Newell, Archibald McElroy and William Hulse ;-. good, and lawful men who being duly elected, tried and sworn, well and truly to try and true deliverance make between the State of Ohio and the prisoner at the bar; who having heard the evidence and argument of counsel, &c., retired from the bar. and returned again, and upon their solemn oaths and affirmations do say that Peter Sunderland is not guilty of the murder of John Holtz in manner and form as in the indictment is charged against him, but that the said Peter Sunderland, jr., is only guilty of feloniously killing and slaying the said John Holtz.
"Whereupon he was again remanded to prison to be brought up again at 9 o'clock to-morrow morning to receive his sentence. Thursday, April 19th.
"The prisoner was again set to the bar and it being demanded by the court whether he had anything to say, why judgment and sentence should not be pronounced upon him. and he having an- swered that he had nothing to allege, it is considerol by the court that the prisoner be burned in the left hand, and pay the jury, witnesses, clerk's and sheriff's costs and stand committed until the sentence is performed. And it being demandod by the court of the prisoner at the bar whether he had any reasons to assign why sentence should be respited, he answered he had not. Whereupon it is ordered that the Sheriff take the prisoner from the bar and execute the sentence of the court immediately, which was accordingly done."
The prisonor was taken ont on Main street, by Jacob Colo- man, Sheriff, and in front of the Hammerly property, where Holtz was killed, and there branded in the band by said Sheriff. The property is now owned by Michael Keller-occupied by John A. Grove, grocer.
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HISTORY OF BELMONT AND JEFFERSON COUNTIES.
FIRST SESSION OF COUNTY COMMISSIONERS IN ST. CLAIRSVILLE.
The first session of the County Commissioners of Belmont held in St. Clairsville was on the 2d of July, 1804. Leon Okey, John McWilliams and Robert Griffin were the commissioners. On the 4th of July they ordered to be paid to Samuel Kirkaid the sum of $122.75 ; expenses of guarding Peter Sunderland, jr. ; also bill of $8.00 was ordered to be paid the sheriff, Jacob Cole- man, for services done in the case of the "State of Ohio vs. Peter Sunderland." The Sheriff received alsc another order of $20.00 for salary for the year 1803.
SENT TO THE PENITENTIARY.
The first convict sent from Belmont county to the peniten- tiary was Thomas Hammond. He was arraigned at the De- cember term of the Common Pleas for 1815, and on the 14th of December, that year, was found "guilty" by the jury and sent up for eighteen months.
EARLY CIVIL SUITS.
The first slander suit over tried in Belmont county was that of John Wherry vs, John Winter. It was tried at the summer term. Verdict for plaintiff, $80.00 and costs.
At the annual fall election, in 1813, Alex. Boggs and Sterling Johnson were the rival candidates before the sovereigns of Bel- mont county for the responsible office of commissioner. The canvassers, for a supposed defeat, threw out the poll-box of Pnltney township, thereby securing the election of Johnson. He did not long enjoy the dignities of the office, for Boggs, nothing daunted, proceeded to contest the election. On the 18th day of said month and year, the court "ousted" Johnson, and awarded the station to Boggs, who was much set up at his triumph.
THE FIRST DEEDS RECORDED.
The first deed appearing on the records of Belmont county is from "Henry Lingo and Rebecca, his wife, to Robert Bell, da- ted October 1st, 1800. In consideration of $500 paid by said Bell a deed of 100 acres of land is given him, "being part of lot No. 24, in the sixth township, of the third range of townships, surveyed pursuant to an ordinance of Congress passed on the 20th day of March, . 1785."
A second, appearing on Nov. 4, 1801,-"David Newel and Sally, his wife, of the county of Belmont, Territory Northwest of the Ohio river; deed to Enoch Rush, of Brooke county, Va .; in consideration of $12,00, "that lot or parcel of ground lying in the town of St. Clairsville, namely : fronting on the Main street, sixty-six feet front and running back 160 feet, &c., containing one-fourth part of an acre; being numbered in the general plan of said town 157.
THE FIRST WILL RECORDED.
Abraham Plummer's will is the first appearing on record. It bears the date of May 4th, 1804. The witnesses on the same are Robert Todd, Robert Vernon, and Stephen Todd. Witnesses to codicil, June 3d, 1823, Robert Greer, Thomas Greer, and John Lemon.
BOUNTY FOR SCALPS.
From 1802-12, a bounty ranging from one dollar to four was paid out of the Treasury for each wolf or panther scalp. Parties killing such presented the trophy before a justice of the peace who was authorized to certify to its being a bone fide one, and then the party interested could secure his bounty from the county. Below is a list of those receiving bounties from 1803-S, found on record :
Matthew Brown for an old panther scalp, killed December 28, 1803, $3.00,
Joseph Enochs for one old wolf scalp killed October, 1803, $3.00.
Jacob Morris for one old .wolf scalp, killed November 28, 1803, $3 00.
Jacob Archer for one wolf scalp, killed Jannary 1803, $3.00, Jesse Johnston for one wolf scalp, 1803, $3.00.
John Weir, for one panther scalp, killed July 2. 1804. $3.00. Joseph Reaves, for two wolf scalps, killed July 2, 1804, $6.00. David Lockwood, for wolf scalp, killed August 14, 1804, $3.00. Joseph Carpenter, for wolf scalp, killed August 14, 1804, $3.00.
Daniel Devaul, for wolf scalps, killed August 14, 1804, $3.50.
Martin Baker, tor one old and three young wolf scalps, 1804, $3.50.
Leven Okey, for wolf scalp, 1804, $3.00.
Z. McVay, for one wolf over six years old, killed November 5, 1804.
John Nandwanter, $3,00 for panther scalp.
Abner Hunlington, $3.00 for panther scalp.
George Boing, wolf over six months old, and two under, killed March 3, 1804, $1.00
Samuel Pain, for one wolf scalp over six months old, killed April 12, 1804, $3.00.
Matthew Brown, for one panther scalp, over six months old, killed April 15, 1804, $3.00.
John Psalmons, for wolf scalp over six months old, killed May 3. 1804, $3.00.
George Delaney, for wolf scalp, over six months old, killed April 27, 1804, $3.00.
Daniel Devaul, for one wolf scalp over six months old killed November 11, 1804, $1.00
Geerge Heat, for wolf scalp over six months old, killed April 3, 1804, $1.00.
James Delaney, for one wolf scalp over six months old, killed
April 3, 1804, $3.00.
Isaac Barrett, for panther scalp, killed December 12, 1804, $1.00.
William Dearth, for an old panther scalp, killed July 30, 1804, $3.00
Jacob Morris, wolf scalp, killed August, 1804, $1.00.
Jacob Davis, for an old wolf scalp, killed August, 1804, $1.00. Philip Dover, for one wolf, killed $1.00.
Charles Atkinson, $1.00 for wolf scalp, killed March, 1805. Richard Meeks, $1.00 for wolf scalp, November 16, 1804.
David Bowen, $1.00 wild wolf scalp, six months old, 1805.
James Archer, $1.00 wolf six months old, November 3, 1805. Abraham Stockhon, $1.00 for wolf scalp, killed December 28, 1805.
Nathan Madden $5.00 for killing one wolf and three young ones, 1807.
James Nowls, $1.00 for killing one wolf six months old, 1807. Christopher Pain, $1.00 for killing one wild wolf.
Abe. Brown, $2.00 for killing one wolf over six months old.
Frederick Yearen, $4.00 for killing two wolves, 1807.
Isaac Barrel $2.00 for killing one wolf Angust 13, 1807.
John Wright, $2.00 for killing one old wolf, 1807.
Nathan Spurgen, $2.00 for one wolf, 1807.
John Ferrel, $2.00 for killing one wolf six months old, 1807. Seth Ward, E. . Perkins and George Davis, $6.00 for killing three wolves over six months old.
Peter Babb, $2;00 for killing one wolf over six months old.
Daniel Berry, $2.00 for killing one wolf over six months old. Henry Baily, $6.00 for killing three wild wolves over six months old.
Dennis Madden, $2.00 for killing one wolf over six months old.
Henry Davis, $2.00 for killing one wolf over six msnths old, 1807. William Dement, $2.00 for killing one wolf over six months old, 1808.
Joseph Carpenter, $2.00 for killing one wolf, 1808.
Samuel Sties, $2.00 for killing one wolf over six months old, 1808.
William Dement, $2.00 for killing one wolf over six months old. Jacob Morris, $2.00 for killing one wolf over six months old. NEGRO "CUFF" PUNISHED BY THE LASII.
In August, 1809, a negro-"Cuff"-was found guilty by the court of stealing. It seems that he had broken into a store- room and stolen goods to the value of two dollars and fifty cents, He was sentenced to be whipped twenty-five lashes on the bare back, pay the value of the goods stolen, and be impris- oned one day. The whipping was duly administered, and an eye-witness says that the Cuff bawled lustily. He, several days after that, received a similar whipping for repeating thiev- ery.
A PUBLIC LOTTERY.
To the Honorable the Legislature of the State of Ohio.
The petition of a number of the citizens of the town of St. Clairsville, and the county of Belmont, Humbly Showeth, that
175
HISTORY OF BELMONT AND JEFFERSON COUNTIES.
they labor under many disadvantages for the want of a Semi- nary of learning in that part of the Stato in which they reside. They further state to your Honorable body that they are unable by private enterprise to raise funds for the erection of an academy.
From petitions deeming an institution of this kind in that section of the State of immense advantage not only to the citi- zens of the county aforesaid, but to the State in general, we pray your Honorable body to pass a law at your present session au- thorizing a public lottery in the town of St. Clairsville, in Bel- mont county, to raise the sum of seven thousand dollars for the purpose of ereeting a Public Academy in the town or vicinity of St. Clairsville in said county, and your petitioners in duty bound will ever pray, &e.
The above is dated 1815 and signed by a number of the in- fluential citizens of the town and county, lawyers, doctors, magistrates and a minister of the gospel.
THE STANDARD HALF-BUSHEL.
In 1811, the commissioners (Peter Tallman, Sterling John- ston, and Alexander Boggs) agreeable to an act of the General Assembly of the State of Ohio, passed the 22d day of January of that year, which was to provide a standard half bushel, or- dered a measure made. The honorable board, according to their minntes, paid Ira Robison the sum of $2.00 for making said half-bushel. They also paid William Faris fifty cents for the painting and marking of it. Ralf Heath was "appointed keep- er of said standard measure," and into whose.custody the same was given.
A WILD TURKEY HUNT-UNFORTUNATE SHOT.
Major Thompson says : Along about 1810, John Warnock and his brother-in-law, John Walters, conelnded to take a hunt for wild turkeys, which game then abounded rather plentifully in Belmont county. Their guns were fixed up in good order, a fair supply of ammunition was procured, and out they started for the woods. Upon reaching the timber Warnock said to his brother-in-law :
"Now, John, I will go this direction and you go that, and we will make a circle around the woods."
This was agreed to and they turned in different courses. After going a short distance Walter came to a tree that had recently been broken by a storm and a part of the top had fallen to the ground. As it made a thick brush, he concluded to conceal himself in amongst the leaves and branches and there "pipe," as it was styled, for turkeys. So he began ealling, after getting comfortably fixed in the branches, like the wild fowl ealls for each other. This was done so perfectly, that Warnock, who by this time had got in hearing distance, thought it a wild turkey that strayed away from the rest of its company, came cautiously slipping up from where the sound eminated. Being very anxious to get a shot at a turkey and never onee dreaming for a moment about his brother-in-law, he leveled his gun to his face as he saw something move in the brush, taking fair aim upon what he supposed a turkey, pulled the trigger of his rifle, and bang went the gun. He immediately ran to the spot, and beheld, what ? That he had shot his brother-in-law through the heart. He threw up both hands exclaiming : "O! God, Walter, I have killed you !"
Mr. Warnock lived for many years after that sad experience ; but, it is said, never took up a gun in his hands from that time until his death. He felt so badly over the accident that he couldn't bear the thoughts of handling a gun. He was a gentle- man that was, highly respected and esteemed in the community.
THE PRESENT COURT HOUSE.
The Court House in St. Clairsville was contracted for, Febrn- ary 16, 1813. Sterling Johnson had the grading of the ground for $272.00. The grading was to be completed by the 1st of May. The building was let to Wm. Brown, the grandfather of the late sheriff, R. S. Brown, of Wheeling. It was to be of the size, style and general appearance of the "Steubenville" court" house, with the exception that there were to be stone window sills. The building was to be ready for use by the 1st of April. Capt. Robert Thompson was the boss carpenter and had an in- terest in the contract. The building was completed eight months before the time specified in the contract, and on July 16, 1814, Peter Tallman, the father of the present Captain Peter, and Alexander Boggs, (Joseph Morrison not present) commis- sioners, mnet to receive the court house from Brown, the con- tractor. With the consent of Brown, the commissioners ap-
pointed Joseph Marshal, of St. Clairsville, and Nicholas Murray, of Steubenville, mechanics, to meet at the court house August 15, 1814, and adjudge the sufficiency and durability of said court house, and also whether the materials and workmanship are equal to the same in Steubenville court house, On August 5th, 1814, the committee met at St. Clairsville, and, after having carefully examined its elegance and durability, together with its materials, were of the opinion that said court house is complet- ed in all respects like to the Steubenville court house. The commissioners paid each examiner $10.00 for services, and the court house was then received by the county from the contract- or, Wm. Brown. Total cost of the building, $5,640.00.
Capt Robert Thompson, who did the carpenter work on the court house, was a soldier of the Revolution, came from Car- lisle, Pa., and was a very superior workman.
SECOND JAIL IN ST. CLAIRSVILLE.
On the 19th of March, 1819, the contract for a new jail was let. Sterling Johnson had the grading, for which he received $95.00. Wm. Brown received the contact for furnishing mate- rials and erecting the building, being compensated to the amount of $3,040.00. Specifications directing that the jail be built of brick, like those used in the erection of the court house, and to be two stories high. The first story nine feet, with an entry, six feet wide through the middle, and to contain four rooms- two for dungeons and two for jailor's rooms. The second story was to be eight feet high and divided as the first floor-two for debtors' rooms and two for jailor's. It was to be completed by January 1, 1821. The work was promptly done and accepted by the commissioners.
THIRD COUNTY JAIL.
The present county jail and sheriff's residence was built in the year 1842, by Charles H. Bailey, a resident of the county, at a cost of $-
COUNTY OFFICES.
On February 10, 1818, the contract was let to Stacy Bevan for building three county offices, for $1,050.00: Two to be built on the east and one on the west side of the court house. The contract to be completed by August 1, 1819. On the recommendations of Robert Thompson and Charles Collins, meehanies, the commissioners-Peter Tallman, Alex. Boggs and Joseph Morrison, accepted the three county offices, erected by Staey Bevan, January 3, 1820. In June, 1820, the commis- sioners allowed Bevan $150.00 extra for loss sustained under said contract, which was claimed under an Act of the Legisla- ture.
MARKET HOUSE.
On the 17th of December, 1833, the commissioners of Bel- mont county appropriated $100.00 towards building a market house in St. Clairsville. Order was given to John Patterson, father of Isaac H. Patterson, now of St. Clairsville. It was built opposite the National Hotel and Mr. Meyers' residence. The House was torn down several years ago.
THIE FIRE-PROOF BUILDING.
The fire-proof building, now occupied by county officers, was let out by contract to William Askew, April 15, 1836. The building is 32×46 feet ; two stories high ; and exterior completely fire-proof. The cost of building was abont $3,300.00. The brick and stone work was done by Charles H. Bailey, now re- siding at St. Clairsville.
MISCELLANEOUS REMINISCENCES.
"LONG BULLET."
Along in 1801 a game styled " bong Bullet" was in vogue, and greatly indulged in by many of the settlers. The play rin in this wise: The men were chosen two or four on a side. A cast-iron or lead ball, perhaps 23 inches in diameter, was used to throw by giving it a clandestined or underhand pitch. Whichever side succeeded in sending this ball the greatest dis- tance won the game. Mr. M. Israel says that when his father undertook to survey St. Clairsville he was considerably annoyed and the survey somewhat impeded on account of the fellows stopping their work and engaging in this play. And finally, when he insisted on them to discontinue the game until he
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HISTORY OF BELMONT AND JEFFERSON COUNTIES.
could finish the survey, he was told by the Newells, who were always much delighted to take a game at " Long Bullet," not to grow impatient; that they (the Newells) would pay him for his time whether he worked or not. Mr. Israel says that David and Samuel Newell were dextrous at this play.
THE FIRST FOUR-HORSE TEAM THAT CROSSED THE OHIO RIVER.
It is claimed that the first four horse team to cross the Ohio river into Belmont county was that of John Hatcher. He forded the river near Zane's ferry in 1801.
WASN'T SUITED WITH THE APPEARANCE.
In 1797 a man named Jenry migrated from Loudoun county, Virginia, crossed at Zane's Ferry, and followed the course of Indian Wheeling creek several miles, prospecting Belmont county, and looking up a desirable place to settle. He was not very well pleased with the appearance of the country, and thought no one would ever settle in that part, packed up what little articles he had, among which was $2,100 in a leather bag, and returned to his home a happy, but not, perhaps, a wiser man.
HAND MILLS.
The mention of "hand mills" will bring to the memory of the older citizens living in the county reminiscences of boyhood days, when they were set at work by their parents to grind a little meal to keep from starving. It was a day when mills were small and very far apart, and these were resorted to in emergencies. The modus operandi was in this wise :
A large, flat stone about fifteen inches in diameter was per- manently fixed on the floor, and a smaller one placed on top, with a hole near the outer edge of same, and also one in the center, in which was placed a stout hickory stick. To the upper end of this stick, which was not very long, a string, or cord rather, was attached, and the other end fastened into a joist or beam above. The operator, whilst giving the loose stone a cir- cular motion with one hand, dropped the corn with the other into this bole near the edge, in as uniform order as possible, and this ground it up. It was a very slow process, and could almost have been eaten as fast as pulverized. Real large fami- lies might starve whilst "waiting on a grist." This process was in vogne until horse and water mills superseded them. So says Robert Israel, of Morristown.
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