History of Clinton County, Ohio Its People, Industries, and Institutions, with Biographical Sketches of Representative Citizens and Genealogical Records of Many of the Old Families, Part 15

Author: Albert J. Brown (A.M.)
Publication date: 1882
Publisher: Chicago : W.H. Beers & Co.
Number of Pages: 1108

USA > Ohio > Clinton County > History of Clinton County, Ohio Its People, Industries, and Institutions, with Biographical Sketches of Representative Citizens and Genealogical Records of Many of the Old Families > Part 15

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THE ONE HUNDRED AND SEVENTY-FIFTH REGIMENT.

The One Hundred and Seventy-fifth Regiment was organized and mustered Into the service for one year at Camp Dennison, Ohio, October 11, 1864. It contained two com- panies from Clinton county, commanded by Capts. W. P. Wolf and A. F. Deniston.

This regiment was ordered to Columbia, Tennessee, where It performed post and garrison duty in the town, and was also engaged in guarding the Tennessee & Alabama railroad. In the advance of Hood, one of the regiment's outposts, south of Columbia. failing to receive orders, made a strong resistance, but was captured, while the remainder

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of the regiment fell back to Franklin. The One Hundred and Seventy-fifth was tem- porarily assigned to the Third Brigade. Third Division, Twenty-third Army Corps, and Was placed on the left of the center in reserve. In one of the enemy's charges, a veteran regiment gave way in utter confusion, and, though the One Hundred and Seventy fifth had never been under fire, over an open field. it drove the rebels back, gained the works and held them, repelling charge after charge. In this engagement the regiment suffered heavily, losing one hundred and sixty-one officers atul men killed, wounded and missing. among them Capt. W. B. Logan, a man universally esteemed as a Christian patriot. That night and the next day the regiment felt back to Nashville and took position in Ft. Nezley, where it remained during the battle, and on the 25th of December was again ordered to Columbia, and engaged in the usual garrison duties and in guarding the railroad bridges. The regiment returned to Camp Dennison, Oblo, July 3, 1565, and was finally discharged and paid off July 13, 1565. When it entered the service it numbered nine hundred and forty-three men; upon its return its strength was five hundred and eighty-two men.

Company C-Sergeant. Hugh A. Gibson; Joseph T. Garner. John B. Lindsey, Dopey Lemen. Thomas Madden, John Madden.

Company G-Captain, William P. Wolf: first Heutenant. Isaac N. Bundy ; first sergeant. John D. Deniston ; sergeant, James M. Gustin : corporal. Ebenezer D. Leonard; musician. JJames Nicely: wagoner, Cortland C. Cusick: privates, James Boroughs, Thomas B. Baldwin, William H. Bryant, James M. Casto, Edward Crossen, Moris Greely. Lemuel Garrison. William W. Garrison, Henry Hudson, James Hudson, Nathan Lemon& Alvay Layman. Stacy Moris, Benjatuin Monce, John Morris, Robert MeKinney, William Morrow. William Oliver, William Rude, Isreal Sidles, John P. Stewart, Wilford Simpson, Phillip A. Shell. John G. Smith, Thomas Templin, Zachariah White.

MISCELLANEOUS REGIMENTS.

The One Hundred and Eightieth Regiment. recruited In the fall of 1964, for one year. also contained a number of men from Clinton county. Men from Clinton county were also found in the Fourteenth United States Colored Troops, the Fifteenth Regular Infantry, and the Third Missouri Regiment of United States Colored Troops, in which latter wore Lients, J. B. Nickerson and Ewing Nickersham. In the cavalry. the Second and Eighth Ohio and Fourth United States had men in their ranks from this county, and others served in the Twenty-fourth Chlo Battery and the Second Heavy Artillery. A few were in the gunboat service on the Mississippi and Ohio rivers.

COMPANY A. SECOND VOLUNTEER HEAVY ARTLLERY.

Company A. of the Second Ohlo Heavy Artillery, was mustered into the service, JJuly 20, 1943. by Captain Proctor. to serve three years. By orders from the war department, it was mustered out August 23. 1865. Privates from Clinton county serving in this company were: George Brown, James Brown. Samuel W. Brown. Jonah Black. John Blair, William Bobbet. John Bernard, John W. Dewint. J. D. Davis, Theodore Dum- rin. A. W. Fletcher. Elisha Hilderbrant, Jolm W. Hughes. Ephraim Hansel, David Hubbard, John W. Moon, W. F. MeNeal. James H. Wickersham, Paul Williams, Hiram

Company D-Sergeants, Enoch Morris ant Christian Cunny : Robert Barr, Addison Blizzard. Thomas Burns. Isaac Beckett. John Crawford, James Forendyce, Stephen J. MeKhmey. George Nolder.

Company H -Corporals. James W. Morris, Ezekiel East. Micajah Jones and John W. Venard: John W. Dakin, John F. Dennis, Elwood Reese. Benjamin Roberts, George Shields, Amos Williams.

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TWENTY-FOURTH OHIO INDEPENDENT BATTERY.

The Twenty-fourth Ohio Battery was organized at Camp Dennison. August 4. 1503, to serve three years. It was mustered out June 24, 1565. Enlistments from Clinton county were as follow : Joseph Campbell, Jackson Campbell, William F. Elliott. Wyatte Fenner, William Holladay, Heury C. Hunter (promoted corporal), Thomas F. Hudson, Lewis Hudson, Peter Kelso, William L. Pegan.

COLORED TROOPS FROM CLINTON COUNTY.

Robert Hart, James Hart, Peter Hart, John Hart, Henry Taylor. William Harrison, Wesley Hightower, James P. Hightower, William Dinimory. James Mayes, David Wood, Gaston Good, Nathan Stewart, A. G. Mallory, M. E. Mallory, William Mallory, John Paine, William Hargrave, James Bishop, James Chadwell, Vase Wilkins, John Hargrave, David Adams, Alfred Mayes, Charles Chapman, J. R. Robinson, Orlando Hightower.

MISCELLANEOUS.

Others from Clinton county who saw service in the various branches of the nation's fighting force were James Whitsel, Sylvester Clark, John Harris, Joseph Woodruff. D. R. Simpson. W. Conner. Jr., J. A. Covat, Joseph L. Garner. A. F. Deniston, W. M. Dugan, Joshua Fisher, W. B. Fisher. George Gurton, J. H. Holliday, Lewis A. Hamlin. J. D. Moore, W. H. Oliver, R. D. Shields, George Newton. James Spencer. Junius Carpenter. Hamilton Shewalter, Col. George Zeigler, Henry Long, David L. Way (captain Fifth United States Infantry ), M. C. Robinson, David H. Wright.

CHAPTER VIII.

COURTS AND LAWYERS OF CLINTON COUNTY.

The first Constitution of the state of Ohio, which was adopted on November 29. 1502. provided that the judicial power of the state. both as to matters of law and equity. should be "vested in a supreme court, in a court of common pleas for each county, in justices of the peace, and in such other courts as the Legislature may from time to time establish. The supreme court consisted of three judges, any two constituting a quorum, and had originally an appellate jurisdiction, both in common law and chancery. in such cases as were directed by law. It was provided that the General Assembly might, if it chóse, appoint another supreme judge after five years from the adoption of the Con- stitution, in which ense the judges were to divide the state into two circuits, and any two of them were authorized. in such case. to hold court. The courts of common pleas con- sisted each of a president and not more than three nor less than two associate judges, all to reside in their respective districts (or counties) during their terms of office. Any three of the judges constituted a quorum. The court had common law and chancery jurisdiction in all cases such as were directed by law, the Legislature having power to increase the number of circuits and presidents after five years. Judges of supreme courts and courts of comtnon pleas had complete criminal jurisdiction in such cases and In such manner as pointed out by law. Courts of common pleas in each county had Jurisdiction of all probate and testamentary matters, granting administration, the appoint- ment of guardians, etc. Judges of common pleas courts had. within their respective counties, the same powers as Judges of the supreme courts to issue writs of certiorari to justices of the peace and cause their proceedings to be brought before them. Judges of the supreme court were conservators of the peace throughout the state. Presidents of courts of common pleas were conservators of the peace in their respective districts, and judges of the same held the same position in their respective counties. All Judges were appointed by joint ballot of both houses of the General Assembly, to hold office seven years "if so long they hehave well." They were to be reasonably paid. but could at the same time hold no other office of profit or trust under the authority of the state of Ohio or the United States. Each court had power to appoint its own clerk for the term of seven years, the judges to certify that they considered him well qualified for the position. The judges also had the power to remove their clerks for breach of good behavior.

The supreme court was to be held at least once a year In each county, and the common pleas court in their respective counties at such times and places as prescribed by law. A competent number of justices of the peace were elected by the qualified electors in each township of the several counties, to hold office three years, with powers and duties as prescribed by law.

An act, passed February 7. 1831, provided that the supreme court should consist of four judges, having precedence according to the dates of their commissions. The same act provided that the common pleas court should consist each of a president and three associate judges, with powers as defined in said act.

A new Constitution of Ohio, adopted June 17. 1851, vested the judicial power of the state in a supreme court. in district courts, courts of common pleas, courts of probate, Justices of the peace. "and in such other courts, Inferior to the supreme court, in one or more counties, as the General Assembly may from time to time establish." The supreme court consisted of five judges, of which a majority formed a quorum or bad power to render

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a decision. This court had original jurisdiction in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as was provided by Inw. The supreme judges were chosen by the electors of the state at large. The Constitution pro- vided that it should hold at least one term each year at the sent of government, and such other terms there or elsewhere as provided by law. By the Constitution, the state was divided into nine common pleas districts. Each outside of Hamilton county, consisted of three or more counties, divided into three parts, bounded by county lines, and as nearly equal in population as practicable, each division having one judge of the common pleas court residing therein, chosen by the electors of said sub-division. Courts of common plens were held in every county in the district as often as provided by law-more than one court, or sitting thereof, being allowed in each district at the same time. The jurisdic- tlou of courts of common pleas and thelr judges was fixed by law. District courts were composed of the judges of the courts of common pleas in their respective districts, with one of the judges of the supreme court. Any three constitute a quorum, and such courts had to be held at least once a year in each county-or, as the Assembly might provide, at least three times at three separate places in each district, if not expedient to hohl in each county. The original jurisdiction of the district court was the same as that of the supreme court, with such appellate jurisdiction as provided by law. The probate court was a court of record. "open at all times, and holden by one judge, elerted by the voters of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of the county treasury. or by fees, or both, as shall be provided by law." This court had Jurisdiction in probate and testamentary matters the appointment of administrators and guardians, the settlement of accounts, of executors, administrators and guardians, and "such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, and such other jurisdiction. In any county or counties, as may be provided by law." Justices of the peace were provided to be elected, to serve three years ench. All judges. other than provided for by the Constitution, had to be elected by the electors of the judicial districts for which they might be created, to serve not longer than five years.

One supreme judge was elected each year. to serve five years. Common pleas judges bad to reskle in the respective districts from which they were chosen, and their term was five years. When vacancies occurred. they were filled by gubernatorial appointment until after the next regular election. The clerk of common plens court in each county was ex officio clerk of all other courts of record held in the county.

Under the new Constitution of 1912. the judicial system of the state was materially changed. Subsequent statutory legislation has established the jurisdiction of the various inferior courts.

FIRST COURT OF COMMON PLEAS.

By an act of the Legislature organizing courts, passed February 19, 1852, the nine common pleas districts were apportioned into five judicial circuits. Clinton county being In he first. From the minutes of the proceedings of the court of common pleas at some of its earlier sessions, we make copious extracts. The first meeting of this court was held In the barn of Jesse Hughes ( though the records any at the house), who lived about two miles southeast of the spot where the court house now stands. The following is the record :

"At a special meeting of the Court of Common Pleas held at the house of Jesse Hughes, on the 28th day of March, in the year of our Lord 1810: Present, the Hon. Francis Duniavy. Esq., presiding Judge; Jesse Hughes, Thomas Hinkson, Esq .. asso- ciates. (Peter Burr, the third Associate Judge, was not present.) Appointed Warren Sabin. Clerk, pro tempore, to the aforesaid court. Robert Eachus was appointed Recor- der of said county by the Associates present. The court adjourned (Sine die) without day."

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The other officers of this court were Jonathan Harlan, sheriff, and David McMillan, coroner. It appears that Judge Dunlavy, who resided in Warren county, was present only to complete a quorum, as he did not assist in making the appointments mentioned. A special session was held at the same place, May 16, 1810, when there were present the three associate Judges, Peter Burr, Jesse Hughes and Thomas Hinkson. It was agreed that, In the matter of commission of the judges, Peter Burr should stand first, Jesse Hughes, second, and Thomas Hinkson, last. James MeManis was appointed director to take charge of the business concerning the county sont, with instructions. The court opened the report of the commissioners appointed to locate a seat of justice for Clinton county, and adjourned to the next day (May 17), when it was again convened; but the director could not make his reports, and court adjourned. The court next met in special session, May 25. 1810, when all the associates were present; but, as the directors failed to put in an appearance, the ndjourmment was had until the following day. at which time the report of the director was received, and the bonds of David Faulkner and Joseph Doan, donating lands for a site for a county sent, were examined.

FIRST GRAND JURY.

The first grand jury in the county was impaneled for the term of court held in Jone, 1810, and was composed of the following persons, as the record shows; John Mitchell, foreman, Thomas Jones, Jacob Hale, Isaac Harvey, Caleb Harvey, William Haynes, John Wilson, James Wilson. Jesse Dillon, Ezekiel Frazer, Timothy Bennet. Mahlon Haworth. William Townsend, William Walker and Nathan Linton. These men received seventy-five cents each for their services, and found only one indictment, which was against Cornelius Quick, for horse stealing. The indictment was returned June 19. 110, and Quick was placed on trial the next day. Joshua Collett, afterward president judge, and still later a judge of the supreme court, conducted the proseention for the state, while the counsel for the defense was Thomas Freeman, of Lebanon, a criminal lawyer of some note. The jury before which the case was fried was composed of Francis Hestor. Robert Athey, David Fairfield, Daniel Linton, Daniel Moon, James Crawford, Jonah Vandervort. William Ireland, Joseph Wilson. Jesse Greene, William Hoblitt and John Stout, who found the defendant guilty as indicted. The defense moved for a new trial, which was granted, and on the 17th of the ensuing October the case enme up again. with the same counsel as before. The jury at this time was made up of David Wright, Daniel Hodgson, William Butler, Charles Mann, George Haworth, Joseph Haines, Simeon Ballard, John MeKinzey, Thomas Gillam, Peter Dicks, Thomas MeMillan and Daniel Dillon. The defendant was again found guilty, and the damages in favor of the prosecuting witness. James Doherty (or Daugherty) were assessed at two dollars and twenty-five cents, an order being issued against the defendant for the amount of his fine and costs of prosecution. A motion was made on behalf of the defendant to arrest judgment, but this was overruled. the court sentenced the thief to receive fifty stripes on his naked back. on Saturday, the 27th of June, 1810, at two o'clock in the afternoon, and to pay a fine of twenty dollars and costs: also to be imprisoned for ten days -- Daugherty to recover of him the amount of the damage allowed.

Mrs. Elizabeth Smart, widow of Judge Hugh Smrt. of Greenfield, was a daughter of Judge Hughes, at whose house, or rather barn. Quick's trial was bad. She had a clear and distinct remembrance of the affair. During the trial, the defendant was con- Aned to an apple tree, which was near by, by a log chain. After the verdict was ren- dered. Quick requested the sheriff, Jonathan Harlan, to retire with him for a moment. This seemed reasonable and it obtained a ready consent. As they walked away. he mmitfested considerable more nimibleness than had been noticed before. He gained dis- tance on the sheriff. little by little, until a step or two in advance was secured, when he bounded away like a deer and in a moment was beyond successful pursuit. This was

Digitized by Googl

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the nearest approach to a public whipping for crime ever attained in this county. The actors in that scene have passed away from earth, and the story lives only in the record or the memory of those to whom it has been told. It is, therefore, fitting to give it a prominent place in this volume.

The same day Quick was first tried, June 20, 1810, the court appointed Nathan Linton county surveyor. The following day witnessed the appointment of Peter Burr to the position of county clerk, to fill a vacancy. On the same day Faulkner and Doan executed their deeds to the county for land on which to locate the county seat, and the director was ordered to lay out a town on said laud, sell all the odd-numbered lots at a credit of one-third the purchase price in six months, one-third in twelve months, and one-third in eighteen months, the purchaser giving bond with approved security ; sale to be advertised in the Chillicothe and Lebanon papers. On September 10, 1810, the session of the court of common pleas was held, according to the record, at the "temporary seut of justice for Clinton county." George MeManis took the oath of office as associate judge, in place of Peter Burr, resigned. The court ordered the director, James McManis, to immediately advertise the remainder of the lots "yet unsold in the town of Armenia (formerly Clinton)," In the Western Star, Liberty Hall, and Scioto Gazette, and by written advertisements wherever he might think proper, and sell said lots at public auction, on the first Monday in the following November, 1810, continuing the sale from day to day until all were offered for sale, giving credit of six, twelve and eighteen mouths, on separate notes, for each of three equal payments, discounting eight per cent. for cash at time of purchase. The director was also authorized to postpone the sale of any lot or lots if he thought they were not bringing what they were worth. The court ordered that the new town be called Armenia, in place of Clinton, and appointed James Wilson to fill the office of county commissioner, caused by the resignation of George MeManis. The director, for his services In connection with county seat matters up to date, was allowed the sum of one hundred and twenty-eight dollars and twenty-five centa.

Ou October 16, 1810, the last will and testament of John Jackson, deceased, was proved, and letters testamentary ordered to be issued. Absalom Reed, Joseph Grice and Thomas Draper were appointed to appraise the personal estate of the deceased. Decem- ber 31, 1810, the court ordered that the name of the county seat be changed from Armenia to Mt. Pleasant, by request of donors. On February 19, 1811, James Birdsall and Walter Armstrong applied for and were granted tavern licenses. On February 20, 1811. it was ordered that the name of the county seat be changed to Wilmington, and that no further alteration should be made in the name without being authorized by an act of the Legislature. On June 4, 1811, Larkin Reynolds was granted license to keep a tavern in the town of Wilmington. At the June term of the court in this year. It "adjourned to meet. in Wilmington" in the following October, and, on the 7th of that month, it met at the house of John McGregor, that being the first term held at the new county sent. On October 10, 1811, the following Heenses were granted by the court : To Ferguson and Morris, to keep a store in the town of Wilmington; to Warren Sabin, to keep a tavern in Wilmington, and to Asa Holcomb, to "sell foreign merchandise in the town of Wilmington." On February 4, 1812. the last will and testament of John Sanders, deceased, was proved, and letters testamentary ordered to be issued. Same date, llcense was granted to James Birdsall to keep a tavern in the town of Oakland; to William Biggs, to keep a tavern on the state road lending from College township to Chillicothe. On October 5, 1812, letters testamentary granted in the estate of John Leonard. Sr., deceased. Same to the estate of James Wright, deceased. On February 2. 1813, licenses to keep a tavern were granted to James Birdsall and William Biggs. Asa Holcomb's store Heense was renewed on February 3. 1813.

The first session of the supreme court in Clinton county was "held at the house of

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Jesse Hughes," in sald county, October 15, 1810, "before the Hon. Ethan Allen Brown, William W. Irvin, Faqs, Judges." Present, Jonathan Harlan, Esq., Sheriff. "The court, being opened, proceeded to appoint a clerk pro tem., whereupon, Allen Wright being appointed, gave bond. conditioned as the law directs, wberein James Birdsall and Jona- than Harlan were his sureties, and the court, being satisfied therewith, proceeded to administer the oath of office, which was taken according to law. The business trans- acted at this session was simply to receive and place on record several petitions for the division of certain lands. The next record is that of a term of the supreme court "held at the town of Wilmington, in and for the county of Clinton, on the 10th day of Septem- ber. in the year of our Lord, 1812." when there were present the Hon. Thomas Scott and Willlam W. Irvin, judges. The cases brought up at the first term were at this one, two years afterward, considered and decided. At the May term in 1813 ( same judges present ) several divorce suits were brought and continued. Matthias Corwin, Jr., and Samuel H. Hale were examined and admitted to practice at this term of court as attor- neys and counselors-at-law in the state of Ohlo. At the May term in 1814 the divorce enses of the foregoing term were dismissed with costs to petitioners-in each case the wife. At the same term, Daniel Radcliff was admitted to practice. On May 6. 1816. Isaiah Morris was appointed clerk of the supreme court, and Francis Dunlavy was authorized to practice law in the courts of Ohio.

STORY OF A MURDER.

The early records of this court contain numerous records and cases of assault and battery, divorce, trespass, etc .. and one murder case. the history of which is here given as it is found in the Harlan manuscript, written many years ago :

"It is now more than sixty years ago Inow about one hundred| since Peter Peyton and his wife, people of color, enme out from Fluvanna county, Virginia, and. having crossed the Ohio, settled in the southwest corner of Clinton county, near the head of Stone Lick creek. In the said county and about a mile southeast of where Blanchester now stands. on John Peyton's survey No. 1174, of one thousand acres. Their motive for coming to this wilderness, so far removed from people of their color and condition. must have been strong, indeed. to have induced them to undertake the venture. So it Was. It was to get beyond the rigorous slave laws of the state of Virginia, and to enter Into possession of the survey of land above mentioned, to which they bad been informed they had, with others of their master's slaves, a good and anfficient title. under the will of the original proprietor. John Peyton, their former master, who had served as captain three years in the American army during the Revolution. in the Vir- ginia line of constitutional establishment. For these services be was entitled to a military warrant for four thousand acres of land, and this quantity of land had been entered and surveyed for him in four surveys of one thousand acres euch. One of these surveys lay in Kentucky, in the tract of country lying on the Cumberland and Tennessee rivers: two on the waters of Paint creek, in what Is now Jefferson town- ship, Fayette county, Ohio, southwest of South Solon, Madison county. One of these two surveys was patented to Captain Peyton in his Hifetime, and the other after his death was patented to John Duncan. Howell Lewis. Langham Duncan and Robert Peyton Duncan. as bis devisees, as was also the survey on Stone Lick before mentioned. "Captain Peyton was the owner of a number of slaves and a large landed estate. He was termed a bachelor, but there seems to have been for many years a morganatic marriage between himself and a Mrs. Duncan, his housekeeper, and he is said to have been the father of the Duncan family. In the intter part of his life he made a will. most in favor of these children and their mother; but he also emancipated Peter Peyton and his wife, and provided for a like boon for his other slaves as they should arrive at a certain age, probably forty years, respectively. He also set aside one of his Ohio

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History of Clinton County, Ohio Its People, Industries, and Institutions, with Biographical Sketches of Representative Citizens and Genealogical Records of Many of the Old Families, Part 15

Author: Albert J. Brown (A.M.) Publication date: 1882 Publisher: Chicago : W.H. Beers & Co. Number of Pages: 1108

Author: Albert J. Brown (A.M.)
Publication date: 1882
Publisher: Chicago : W.H. Beers & Co.
Number of Pages: 1108