USA > Ohio > Columbiana County > History of Columbiana County, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 6
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" Beginning at the northeast corner of section 3, in township 13, range 4; thence due east six miles to the northeast corner of section 3, in township 12, range 3; theuce south one mile to the southcast corner of section 3, township and range uforesuid; thence due east to the Ohio River; thence down the river with the meanderings thereof to the termination of the eastern boundary line of Jefferson County, on the said river; thence west along the present boundary line between the counties of Columbiana and Jefferson, to the southeast corner of section 1, in township 13, runge 4; thence north three miles to the place of be- ginning.'
TOWNSHIPS.
The several townships whose history is given in this volume were organized, so far as can be ascertained, at the dates given in the following schedule :
Springfield, Middleton, St. Clair, Salem, Centre, May 10, 1803; Unity,* Yellow Creek,* Elk Run, Fairfield,* Green,
Wayne, Hanover, Butler, June 3, 1806 ; Knox, March 7, 1808; Madison, June 12, 1809 ; Goshen, Sept. 11, 1810; Beaver, April 1, 1811; West, Feb. 15, 1814; Franklin, March 4, 1816; Washington, as Saline, 1816; Smith, March, 1821 ; Perry, Dec. 5, 1832; Liverpool, June 3, 1834.
CHAPTER IX.
COURTS OF LAW.
THE first courts in the county of Columbiana were organized under the State constitution adopted Nov. 29, 1802. By that constitution the judicial power was vested in a supreme court, in courts of common plcas for each county, in justices of the peace, and in such other courts as the Legislature might from time to time establish. No others were established in the county under the first con- stitution.
The Supreme Court consisted of three judges, appointed for terms of seven years or during good behavior, any two of whom might form a quorum, and was held once a year in each county.
The Court of Common Pleas consisted of the president of the circuit (there having been, one president appointed in each of the three circuits of the State) and at least two associate judges. The latter-at least two, and not more than three-were appointed in each county. The terms of members of this court were the same as of those of the Supreme Court,-seven years, or during good behavior.
The judges of the Supreme Court and Court of Common Pleas had criminal jurisdiction as defined by law ; the latter had common law and chancery jurisdiction, and also juris- diction in matters testamentary, and were essentially a court of probate.
The judges of the Supreme Court were made conserva- tors of the peace in the State, the presidents of Common Pleas the same in their respective circuits, and the judges of Common Pleas conservators of the peace in the county.
The constitution provided that each court should elect its own clerk, the term being seven years.
Section eleven provides for the election of a competent number of justices of the peace by the qualified voters in each township for terms of three years.
COURTS UNDER THE NEW CONSTITUTION.
The present courts are organized under the new consti- tution, adopted March 10, 1851, and are constituted as follows :
The Supreme Court consists of five judges chosen every five years by the clectors of the State at large, any two of whom shall form a quorum.
District Court. The State is divided into nine common pleas districts, and each district into three subdivisions. In each sub-district one judge of Common Pleas is elected by the voters thereof. The District Court is composed of the judges of Common Pleas of the district, and one of the judges of the Supreme Court, any two of whom shall constitute a quorum. This court is held yearly, and in
* Unity, Yellow Creek, and Fairfield appear upon the tax lists of 1805.
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HISTORY OF COLUMBIANA COUNTY, OHIO.
common with the Supreme Court hus " original jurisdic- tion in quo wurranto, mandamus, habeas corpus, and pro- cedendo, and 'such appellate jurisdiction as may be pro- vided by law.'" The constitution also provides that "Courts of Common Pleas shall be held by one or more of these (Common Pleas) judges in every county in the district."
The Probate Court is a court of record, " open at all times, and holden by one judge elected by the voters of the county for three years." It has jurisdiction in matters testamentary, and possesses the usual powers of a Probate Court.
A clerk of the Court of Common Pleas, who is also clerk, ex officio, of all other courts of record in the county, is elected by the voters thereof " for the term of three years, and until his successor is elected and qualified."
SUPREME COURT.
The first court held in Columbiana County was a term of the Supreme Court, convened on the 14th day of June, 1803, " at the house of Matthias Lower," in Fuirfield town- ship. The judges present were the Honorable Samuel Huntington and William Sprigg, Esq.
The barn of Mr. Lower, built of logs, appears to have been the precise spot where that and the succeeding ses- sions of the court were held. The following certificate is the principal remaining evidence concerning the first court : " STATE OF OHIO, -
"Columbiana County, A.
" I do bereby certify, that at a Supreme Court, held at the house of Matthias Lower, in the county of Columbiana aforosaid, the four- teenth day of June, in the year of our Lord one thousand eight hun- d'red and three, before the Honorable Samuel Huntington and Wil- liam Sprigg, Esq., Judges of the said Supreme Court, that Willian Larwell, of Pittsburgh, in the State of Pennsylvania, Esquire, was ad- mitted as attorney and counselor of this court, and authorized to practice as such in the several courts of record in this State.
" In testimony of which I have hereunto affixed the seal of [SEAL] the said court above written.
" RRASIN BRALI.,
" Cik. Sup. Ct. C. Co'ty."
"COUNTY OF COLUMBIANA, STATE OF OHIO.
" Be it known that Reasin Beall, within named, is Clerk of the Su- preme Court of said State, and as such is entitled to full faith and confidence in all his omcial sots and proceedings.
"In testimony whereof I have hereunto set my hand the 14th day of June, 1803.
"SAMUEL HUNTINGTON,
" Judye of the Supreme Court."
COURT OF COMMON PLEAS .*
The first session of the Court of Common Pleas was held July 26, 1803, and, like the first session of the Supreme Court, was held at the house of Matthias Lower, by Calvin Pease, President Judge, and Robert Simison, Henry Bach- man, and William Smith, Associate Judges. Reasin Beall was Clerk ; and John Crozer, Sheriff. The following per- sons composed the first grand jury : Enus Thomas, Fore- man, Moses Blackburn, John Bradfield, Jason Moreland, William Wells, Isaac James, Rudolph Buir, Benjamin
Wright, Emanuel Dixon, William Ferrall, Lewis Kinney, Joseph Pennock, James McConnell, William Hatcher, Francis Andrews, Samuel Red, William Harra, Nathan Heald, Benjamin Anderson, William Heald. The attor- neys were Obadiah Jennings and Sumson S. King, from Steubenville, Benjamin Tappan, from Ravenna or Canfield, -afterwards President Judge and United States Senator, -- and William Larwell, a resident of the county.
The first suit tried was that of the United States against Edward Campbell. It is said that the jury sat on a log while making up their verdict, and also that it was diffi- cult to transact the business of the court because of the neighing of horses.t
On the 6th day of September, 1803, the court held a session at the house of Matthias Lower, and levied taxes on five townships, amounting to three hundred and forty dol- lars and sixty-six cents, and appointed as collectors thereof, for Springfield, Peter Musser; Middleton, John Gartner ; Salem, George Bair ; St. Clair, Hugh Clark ; Centre, Isaac Pource.
On the 9th of September, at an adjourned session of the same court, it was " ordered that the specified sum of money in an article between the associate judges and Lewis Kin- ney be appropriated and paid out of the county treasury to the said Lewis, when the said Lewis complies with his contract in building a court-house on lot numbered one hundred and sixty-six in the town of New Lisbon, to be erected forty feet back on said No. 166 and sixteen feet north of the south side thereof, which sum amounts to $150;" and further ordered " that Rcasin Bcall ascertain by actual measurement the spot of ground upon which said court-house is to be erected."}
Sept. 9, 1803, the court ordered that "there shall be paid out of the county treasury for this present year on the order of the clerk of said county, to be granted upon any justice's certificate of said county, one dollar and fifty cents for every wolf or panther's scalp not exceeding six months old, and the sum of three dollars for every wolf or panther's sculp of the age of six months and upwards."
At the same session the court ordered payment "to Robert Simison, Esquire, one of the associate judges of said county, of the sum of forty-three dollars and fifty cents, it being for services rendered in contracting for the building the court-house, jail, dividing the county into townships, laying the county rates and levies, clerking, fur-
t Recollections of Fisher A. Blocksom, as related by H. H. Gregg. ¿ The same court ordered that Reasin Beall issue advertisements for proposals " for the erecting a stray-pen on the east end of lot num- bered one hundred and sixty-nine, to be built with white-oak posts squared to the size of four by ten inches, to be sunk two and a half feet in the ground, and shew six and a half feet above ground and to be set ten feet from each other, with a sufficient number of rails put into the same to raise a fence six feet high, the apertures between the rails for two feet from the ground not to exceed three inches, and the apertures between the rails of the next two feet not to exceed five inches, and the rails of the succeeding two feet to be a reasonable die- tance from each other; a gato five feet wide and six feet high to be hung with iron hinges to sufficient posts, the gate to be of lathe mor- tised into a frame, and the frame to be supported by two braces pass- ing diagonally from cach corner to be mortised to the frame aforesaid, for which the said Reasin is not to allow a larger sum than one dollar per pannel, the pen to be 60 feet square."
. The first court held in the Northwest Territory was that of the Court of Common Pleas, at the Campus Martius, in Marietta, Sept. 2, 1788. Concerning this tribunal, General Rufus Putnam, who was present, said, " Happily for the credit of the people, there was no suit, either civil or criminal, brought before the court."
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HISTORY OF COLUMBIANA COUNTY, OHIO.
nishing stationery, and so forth ;" and to Henry Bachman thirty-five dollars for similar service, "except clerking," etc. ; and to William Smith thirty dollars. Bachman and Smith were also associate justices.
On the 1st of December following, the court ordered pay- ments as follows : to Reasin Beall as clerk of sessions, $20 ; to George Atterholt as sheriff, $20; and for two boxes for clerk of county, $2; to Jesse Bachman for four election boxes, $8; to William Smith for one ticket-box furnished, $2; and to the same " when he pins the upper rails to the struy-pen," $1.
CHAPTER X. COUNTY BUILDINGS.
COLUMBIANA COUNTY has provided good and substantial public buildings, a brief description of which is given in this chapter. The loss of a portion of the records makes it now impossible to procure a fuller history, in some cases.
COURT-HOUSES.
A special term of court was held at the public-house of Christian Smith, in New Lisbon, Sept. 9, 1803, when the sum of one hundred and fifty dollars was appropriated to Lewis Kinney " for building a log court-house and jail upon lot 166," in that place. This unpretentious structure stood upon ground occupied by the front part of the present court-house, its second successor. Such was the provision made for sheltering the courts of Columbiana until 1811, between which time and 1817 a brick edificc, with central dome and tapering spire, was erected by William Harbaugh and Peter Spiker. The new building appears not to have been completed until the year last named, as an entry on the commissioners' record, Aug. 29, 1817, shows that John Ritz and others were paid " for examining the work done in the New Lisbon Court-House ;" while another entry, Dec. 17, 1817, shows a payment of thirty-eight dollars to Peter Spiker "in full for finishing the New Lisbon Court- House." This building cost not far from the sum of four thousand seven hundred dollars, and remains in its original position on the county grounds, at the northwest corner of Market and Walnut Streets. Though now devoted to the uses of ordinary business, it is still the property of the county. The first bell was bought in May, 1815; cost three hundred and fifteen dollars and forty-eight cents, and was used nearly sixty years. The building was enlarged in 1823 by the addition of " public offices."* In April of that year the commissioners, Thomas Creighton, George Atterholt, and Reuben Taylor, caused a plan of the offices to be furnished, and let the contract for their erection. The lower portion of the main building is at present (1879) oc- cupied as the printing-office of the newspaper Buckeye State.
The third edifice is much larger and more imposing than its predecessors, and marks the increase of the county's
wealth no less than the growth of its demands upon the ministers of the law. . This substantial building is of stone, and was erected in 1871, at a cost of more than one hun- dred and seven thousand dollars for building, furniture, and improvements. The tall dome is surmounted by a statue of Justice, with her suggestive symbols of authority and equity.
The following account of the proceedings of the com- missioners in regard to the erection of this new edifice is taken from the records:
On the eleventh day of March, 1870, the board of com- missioners-Samuel Burger, Andrew Armstrong, and Uriah Thomas-caused the following entry to be made upon their journal :
" NOTICE .- Notice is hereby given that the county commissioners of Columbiana County intend to build a new court-house in the vil- lage of New Lisbon in said county, the cost of which shall exceed the sum of one thousand dollars. The commissioners will hear petitions for and remonstrances against said proposed improvement at their office in said county."
The notice had been previously published.
On the twelfth day of March, 1870, the board took up the remonstrances on file against the building of the court- house, and carefully considered them, together with all the objections urged against said proposed improvement, and after full consideration of the subject, determined that " the bourd are of opinion that it is necessary to build a new court-house in New Lisbon, and hereby resolve and deter- mine to proceed forthwith to take the necessary steps to build the same, in the manner provided by law."
April 2, plans and specifications for the building were presented by H. E. Myer, architect, which were duly ap- proved by the commissioners, and by John A. Myers, clerk, Thomas C. Morris, sheriff, and Solomon J. Firestone, pro- bate judge.
On May 20, after due notice for scaled proposals for building the court-house, a contract was made with William C. Megown and Simon Harrold, the lowest bidders, who agreed to erect the same according to plans and specifica- tions for the sum of $98,717, and entered into a bond in the penal sum of $75,000 with sureties for the faithful performance of their engagement. On the same day the commissioners awarded the contract for heaters for the new court-house to Peter Martin, who agreed to furnish the same for $6500. The bell was purchased Oct. 19, 1871, at a cost of $932.60, from A. Fulton, Son & Co. The tower clock was furnished by the Telegraph Supply and Manu- facturing Company, of Cleveland, Feb. 8, 1873, upon a contract made by the commissioners with the Automatic Fire Alarm Company, of Leetonia, and cost $735.
Matthew T. Orr was appointed janitor Oct. 22, 1872, at a salary of $500 per annum.
The first floor of the building is occupied by the offices of the judge of probate, commissioners, auditor, treasurer, recorder, and surveyor ; the second floor, by the court-room, witness- and jury-rooms, and offices of the clerk of the courts, and sheriff.
JAILS.
The first jail was the humble contemporary of the first court-house, the lower story of that edifice having been
* The olerk's office was enlarged by William E. Russell, at a cost of one hundred dollars, under a contract dated June 7, 1839.
Gen. Reasin Beall, the first clerk and treasurer of Columbiana County, resided at what is now the southwest corner of Jefferson and Washington Streets, and transacted official business in an old log building then standing in the rear of his residence.
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HISTORY OF COLUMBIANA COUNTY, OHIO.
prepared as a place of confinement Juries in the' room above, it the bidding of the court, literally out over if not apon the unfortunate prisoners. The first prisoner, how- ever, one Mackinrue, who had been arrested for stealing horse froms'a man named Willetts, and examined before John Croser, justice, taking unfair advantage of the slender bonde provided, drew aside the old blanket which alone separated bim from liberty and vanished, much to. the chagrin of the court and the discomature of justice .*
Better means for securing prisoners were subsequently used, as the record discloses .that on the 12th of June, 1817, there was allowed Thomas Watts, sheriff, pay for " irons furnished by L. Shanke and Jacob Frankenburg for guarding the gaol."
At the March term of the court, 1804, David Davis wes paid one hundred and five dollars for building a house for the sheriff or jailor to live in, to feed and keep the prison- er safe.
The following unique entries appear on the records : ".Pay Jonathan. Whitacre, cheriff, two hundred and sixty- three dollars and fifty-two cents, for boarding prisoners, firewood, Guarding Gaol, Irons for prisoners, Summoning two Grand Juries, Candles and Stationery furnished the Courts. April 2"1819." "Pay Jonathan Whitacre, sheriff, one hundred and nine dollars and ten cents, for boarding prisoners, paying and summoning Grand Juries, stationery, quilla, blacksmith's bill, mason, Orying Courts, and firewood; the bill for firewood is to be considered till April term next. Dea. 9, 1819."
July 12, 1819, there was held a meeting of the com- missioners, Joan Crumbacher, Reuben P. MoNamee, and Joseph Springer, " on purpose of consulting of purchas- ing one lot of ground for i-gaol amyl drawing a plan of a foot house, and proceed drawing the plan and describing the mine.". The following day. they proceeded, finishing the description of the goal, and purchased of Matching Springer lot number 119 in the town of New Lisbon, on the northeast corner of Chestnut and Beaver Streets , for the jam of two hundred dollars," one hundred dollars pay - ible on the 26ch day of July, 1818, and one hundred dot has to be paid on the last day of January, 1820, next." The work of building the full was let at auction July 26ch, and was wopenly struck off to John Beeson and Daniel Harbaugh, being the lowest bidders, for the sum of eighteen hundred and nineteen dollars, three hundred dol- har's to be paid at the time of entering into bonds for the performance, dud three hundred dollars every three months' cod."
In October the contractors were allowed fifty-three dol- lars " for extra work found necessary to be done to mid gaol, of an alteration to the peticions of the entries between the entry and the Gaolet's parts above and below." Jan. 5, 1820, the work of the contractors was accepted. . The finishing of the jail was struck off to David MoCurdy, Jan. 4, 1820, for ten hundred and eighty-seven dollars,
whose work was completed and accepted .Dec. 4; 1822. This jail, which is of stone, is now occupied by Mr. John W. Britton as a residence.
The old "jail. and kitchen" were sold at anotion May 4, 1821, the former to Joseph Morris for fifty-five dollars and twenty-five cents, and the latter to Daniel .Harbaugh. for fifteen dollars and twenty-seven cents.
After about seventeen years the prison of 1819-30 be- came unfit for occupancy, and on the 6th day of December, 1837, the Board of Commissioners-John Smith, George. Burns, and James Justice-took. the following sotion con- ceraing it: "The board having repaired to the prison of the county, to examine into the situation of the inmates who had been confined for insanity, found that the situa- tion of the prison was such as to be deleterious to their health and adverse to their comforts ;. tho board, upon due - consideration of the matter, order that Mrs. Wise, William. Smoot, and Thomas NeCey be discharged from confine- mont in the jail, in order that they may be sent to .. the poor-house of the county."
On the 8th of March following, after due deliberation,; the board dotermined " to build a new prison on the public square on the hill," and authorised the auditor to give notice for proposals accordingly. On April 5th, not being mitis filed with the proposals received, they postponed their award until the 23d, when a contract for creating the new prison was made with Morris Miller and Nathaniel Mccracken, their bid of seven. thousand eight hundred dollars being the lowest bid presented. A change in the plan of the walls was made on October 1st, and the structure com- pleted and accepted Sept. 9, 1839. Alterations were made . in. the northeast room of this jail by David and John Stripkler, under i contract dated Feb. 8, 1840, and cost two hundred and ninety-one dollars and forty-live odats. :
This the present -- Jail is of brick, and is situato on the south side of High Street, between "Market and Beaver Streets, occupying a part of two lots of ground belonging. to the county.
POOR-HOUSE.
The firet notice found in the commissioners' records con. cerning a poor-house is under date of Ang. 15, 1829, where it is stated that "The board proceeded to examine the old house on the land on which the poor-house is erecting, and order that it be repaired, and that certain other improve- ments be made on the land in relation to the well, eto. ; to wit, the board order that a new will be put under the sleepers, that the corners of, the house be cut down and D'ew floors bo laid above 'and below, that a partition be put up, a chimney of brick in the inside be built large with a hearth, that a closed flight of stairs be built, and four twelve-light windows be put in-two above and two below -and that the house be chinoked and danbed with lime- mortar, and a door be made and cased for the outside. They order that the old well be dug deeper and walled, or `a new one dug and walled."
October'3d the contract for the repairs named was made with Andrew Boost, who was to receive therefor the sum of ninety-two dollars. March 23, 1830, it was determined by the board that the " work of the poor-house and the old house near to it" was not according to contract.
. It is related that, about the year 1814, one John Peek, for steel- ing . pair of steelyards, was sentenced by the court to receive nine lesbei upon his naked beck, be itaprisoned three days, and pay a fine of wine dollars; sad further that the sheriff executed the sentence of whipping with a row-hide.
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HISTORY OF COLUMBIANA COUNTY, OHIO.
In 1872 the poor-house was succeeded by an institution of wider scope, which possesses ample means for the care of the infirm and unfortunates, and is called the
INFIRMARY.
The Infirmary farm is about three miles west from New Lisbon, on section 17. It contains three hundred and thirty-five acres of well-improved land, on which are a number of excellent buildings. The main building was erected, about 1872, of brick, is 45 by 100 feet in size, and is three stories high. It is intended for the general use of the infirm and well-disposed inmates. The hall for the insane is also of brick, and is three stories in height. There are on the farm several other large brick buildings painted red, and a fine frame barn painted white, whose contrast makes them conspicuous objects. About one hundred and fifty persons are cared for on the farm yearly.
CHAPTER XI.
VALUATION-TAXES-DEBT-POPULATION.
VALUATION.
REVALUATIONS of the property of the State were made for the years 1826, 1835, 1841, 1847, 1854, 1861, and 1871.
Prior to 1826, real estate was only subject to taxation for State purposes. Funds for county purposes were de- rived from a poll-tax and a tax upon horses, mules, and cattle; to which was added, by legislative appropriation, a percentage from one-fifth to one-half, varying with the sev- eral years, from the taxes levied upon real estate.
Under the act of Feb. 3, 1825, which took effect March 1, 1826, all taxable property was placed upon the grand duplicate, viz., lands and town lots, including buildings, horses, cattle, pleasure carriages, and merchants' and brok- ers' capital, to which was added " money loaned at interest," and manufacturers' capital, under the act of March 14, 1831.
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