History of Coshocton County, Ohio, its past and present, 1740-1881, Part 52

Author: Hill, Norman Newell, jr., [from old catalog] comp; Graham, A. A. (Albert Adams), 1848-; Graham, A. A., & co., Newark, O., pub. [from old catalog]
Publication date: 1881
Publisher: Newark, Ohio, A. A. Graham & co.
Number of Pages: 854

USA > Ohio > Coshocton County > History of Coshocton County, Ohio, its past and present, 1740-1881 > Part 52

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The second term was opened September 2, 1811, with a full court present. Thomas L. Rue was appointed clerk pro tem. The first grand jury was impaneled at this term of court, and consisted of the following members: James Tanner, foreman, James Craig, Benjamin Fry, Samuel Clark, Samuel Hardesty, John Hanson, Isaac Workman, Charles Miller, Michael Miller, Philip Wagoner, Windle Miller, Francis McGuire, Henry Miller, and John Mills. The jury reported "no business," The docket shows three cases. Two of these were dismissed and the third con- tinued. William Lockard was appointed county surveyor, and the court adjourned.

At the third term, in December, the judges were again all present, and business began to increase. One jury case was tried at this term. The jury, the first petit jury in the county con- sisted of John D. Moore, Froderiek Woolford, William Beard, John Hanson, John G. Pigman, Huch Ballentine, Philip Wolfe, George Smith, John Bantham, Windle Miller, John MeKearn and Elijah Moore. The case was that of Charles Williams against Adam Markley, an appeal from

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the judgment of William Whitten, justice of the peace. The suit was to recover nine dollars and fifty-six cents, alleged to be due plaintiff. The verdict was for the plainttf. Lewis Cass was his attorney. Wright Warner was appointed prosc- cuting attorney, and his compensation fixed at twenty-five dollars per term of court. Letters of administration were granted to Jesse and John Fulton on the estate of William Fulton, deceased. The grand jury returned one bill at this term, against George Arnold, for assault and battery committed upon the body of one Thomas Beck- worth. The defendant pleaded guilty to the charge and was fined by the court four dollars and costs. Arnold terminated his career in this county five years later, by fatally stabbing John Markley, on election day, and escaping to parts unknown.

The legislature had provided that no term of the court should extend beyond five " working days." For the first few years only from one to five days were required to complete the business. The cases were largely criminal, and the charges most prevalent on the docket were for assault and battery, slander and "fighting at fisticuff's," or "by agreement." A mode of punishment not very common, even in those days, was that to which one Zeba French was subjected. He had been convicted at the December term of 1814 of "uttering and putting off" counterfeit money, and the sentence passed upon him was that he should be taken to the public whipping-post of the county and receive upon his naked back thir- ty-nine lashes. He was also fined twenty dollars and costs-a heavy fine at that time-and impris- oned in the county jail thirty days. The sentence was duly executed. Several other countofeiters, equally guilty, had been arrested and incarcerated with French, but had made good their escape from the county before they were called upon to expiate their much detested crime. Counterfeit- ing and horse stealing, in the minds of the carly settlers, were two most abominable crimes and were rarely allowed to go unpunished to the full extent of the law.

Judge Wilson continued to be president judge until 1822, when he was succeeded by Alexander Harper of Zanesville. Judge Harper had fre- quently visited Coshocton as a lawyer, and for several years had acted as prosecuting attorney

for Coshocton county, though a non resident. IIe was exceedingly popular with the bar and also with the citizens. He served two terms and was succeeded in April, 1836, by Corrington W. Searle, also of Zanesville. He served one term only and in 1843, Richard Stilwell, also of Zanes- ville, came into the office. About the close of his official term Coshocton county was placed in an- other district and James Stewart, of Mansfield, became president judge. He presided at only a few terms of court before the change in the State judiciary, wrought by the new constitution, came into effect.

Under the old constitution, three citizens of the county were commissioned by the governor of the State to occupy the bench as associate judges. The names of the first judges have been mentioned. Of these, Peter Casey lived beyond Millersburg, in what is now Holmes county ; Isaac Evans lived at Evansburg, Oxford town- ship, and William Mitchell, close to Coshocton. The term of office was seven years and the fol- lowing is a complete list of those who filled this position, together with their several terms of service: William Mitchell, 1811-13; Isaac Evans, 1811-16; Peter Casey, 1811-24; Lewis Vail, 1813-15; Benjamin Robinson, 1815-21; David T. Finney, 1816-17; Joseph W. Pigman, 1817-19; Mordecai Chalfant, 1819-33; Thomas Johnson, 1821-41; Henry Grim, 1824-31; James Robinson, 1831-35; John Crawford, 1833-47; James Le Retilley, 1835-42; Robert Crawford, 1841-46; Benjamin R. Shaw, 1842-51; Samuel Elliott, 1846-52; James Le Retilley, 1847-50; Josiah Harris, 1850-52; James M. Burt, 1851-52. As will be seen, these are the names of citizens who, in their day, were well known for their enterprise and public spirit. "There was little claim by or for these associate judges of any special know !- edge of the law, and the system under which they served came in time to be regarded much the same as would be a wagon with five wheels; a third estate between the judge proper and the jury, and not demanded in settling either the law or the facts. One of the commonest jokes of their day was the declaration of a cul- prit, who thought it hard to be brought before a court of a thousand men-the president judge being one (1) and the three associates, the three

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ciphers (000)." However, "it has been insisted by some of the ablest lawyers that the associate judge courts oftentimes correctly accomplished an amount of business not always attained under the present sy tem."

The first judge to sit at Coshocton under the present constitution, was Martin Welker, then of Wayne county, now Judge of the United States District Court for the northern district of Ohio. He was succeeded at the expiration of one term in 1857, by William Sample of Coshocton. He served two terms and was succeeded in 1867 by William Reed of Holmes county, who also re- mained on the bench for two terms. Charles C. Parsons of Wooster was elected his successor, entering upon his judicial duties in 1877. Owing to an accumulation of business, the election of an additional judge was ordered by the legisla- ture, and C. F. Vorhees was elected in 1877, en- tering upon his duties the following year, Co- shocton county is a part of the third subdivision of the sixth judicial district of Ohio, comprising Coshocton, Holmes and Wayne counties.

As will be seen, William Sample has been the only common pleas judge from this county. He was born in Crawford county, Pennsylvania, February 24, 1811. When he was but two years old his father died, and soon after the family removed to a farm in Jefferson county, Ohio. While still a lad, the charge of the farm and the care of the family devolved entirely upon him. During the winters he taught school, and worked on the farm in summer. His educational advan- tages were only such as rural districts, remote from towns, afforded in that carly day, and the the mastery of the education he acquired was the result of his own persevering efforts. He studied law at Steubenville with Oliver C. Gray, and was admitted to the bar in 1843. In Novem- ber, 1845, he came to Coshocton and engaged actively in the practice of his profession. He served one term as prosecuting attorney. His labors upon the bench were performed to the entire satisfaction of the people and won golden opinions from the members of the bar. At the expiration of his career as judge, he removed to Wooster and resumed practice in partnership with J. P. Jeffries. In 1868 he changed his resi- dence to Newark, and was engaged in practice

four and one-half years with Hon. Gibson Ather- ton. Then in 1873 he returned to Coshocton and continued his professional labors until his death, which occurred July 22, 1877. His last public service was a delegate to the State consti- tutional convention in 1878. In personal appear- ance he was tall, towering head and shoulders above his fellow men. In character he was posi- tive and determined. His faculties remained active and vigorous to the end. He possessed a logical, judicial mind, and was known as an hon- est, virtuous and religious man.

The early history of the bar in Coshocton may be summed up in a few sentences. Times then in court matters, as in all other affairs and rela- tions, were essentially different from what they are now. The courts then were " on wheels," the judges traveling from county to county, remain- ing only a few days in a place and passing on to the next seat of justice in his large district. The lawyers would accompany the judge in his route and attend to the business that was found neces- sary to transact. The " foreign " lawyers, whoat- tended to the Coshocton county legal affairs, were principally from Zanesville, and among those whose names recur with frequency upon the ear- ly court dockets as attorneys, may be noted Lewis Cass, Alexander Harper, Wyllys Silliman, E. B. Monroe, Ebenezer Granger, Charles B. Goddard and S. W. Culbertson.

Wright Warner was the first resident lawyer in Coshocton, coming in the spring of 1811. At the September term of the court in that year he was was appointed prosecuting attorney for the county but retained it only a few years. He became involved in a quarrel with Colonel Williams, which resulted in several lawsuits for assault and battery, slander, etc. He did not fol- low the practice at the bar exclusively, but was one of the early tavern keepers of Coshocton and continned in this occupation after he removed to Steubenville, in 1814 or 1815.

Aaron M. Church located at Coshocton in the fall of 1811. He has been mentioned among the early settlers of Coshocton. His education, both legal and general, had been carefully attended to and his talents fitted him for a high rank in the legal profession. He opened his office here under the most favorable circumstances, but dissipation

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and neglect of business reduced him to a needy condition, and in the spring of 1816 he died of cold plague.

The office of prosecuting attorney was then obliged to go begging and for a number of years was filled by non-resident lawyers, there being none at all in Coshocton. One lawyer, whose name is unknown, is said to have "hung out a shingle " in 1819, but, not meeting with any great success, soon removed to other parts. The next resident lawyer seems to have been William G. Carhart, who began to practice about 1821. He did not devote his entire time to the profession, and soon relinquished it for other and more con- genial employment. About 1825 Samuel Rea be- gan practice. His business was chiefly office work, having few if any cases in court.

Probably the first lawyer of well-marked ability, that won and kept a practice here, was Noah Swayne, who has recently resigned a seat in the highest tribunal of this nation. He came to Cosh- octon in 1827 from Belmont county, was prose- cuting attorney for several years and in 1832re- moved to Columbus in consequence of having been appointed United States district attorney for Ohio.

James Matthews, who was born in Columbiana county and read law with Hon. H. H. Leavitt, of Steubenville, came to Coshocton in 1829. He was twice a member of the State legislature from this county and served two terms in congress. In 1855 he removed to Knoxville, Iowa. He was a good lawyer, and possessed considerable force of character. In stature he was quite tall, thin- visaged and eagle-nosed, and popular with the masses. Deeply interested in politics he never failed to be elected to a position for which he was a candidate.

George Wyllys Silliman came to Coshocton about 1830. He was a native of Muskingum county, the son of Wyllys Silliman, a lawyer of Zanesville, and nephew of Lewis Cass. His edu- cation was received at Ohio University and after- wards at the military academy at West Point. Ile read law with his father in Zanesville, and soon after he settled in Coshocton was sent as bearer of dispatches to C. P. Van Ness, United States Minister to Spain. He returned to Co- shocton in 1833, and was soon after elected pros-

ceuting attorney, and by re-election continued the office ten years. In 1843 he went on a voyage to Europe for his health, but was not greatly benefited, and on his return voyage grew rapidly worse, and died at sea. Ilis remains were brought to New York and interred in' Greenwood Ceme- tery. In 1834 he married Miss Ann Johnson, who survived him many years, dying in 1862. There was one child, Wyllys Cass Silliman, who survived his father only about two years. Mr. Silliman's reputation is that of a genial, scholarly gentleman.

In 1832, David Spangler became a resident law- yer at Coshocton. He was born at Sharpsburg, Maryland, December 24, 1796, the eldest son of Christian and Ann Spangler. In 1802, the fam- ily moved to Zanesville, where the father estab- lished himself in trade as a blacksmith. The youth of David was spent in his father's shop at the forge and anvil. Subsequently the father en- gaged in mercantile business, and here, too, David proved his chief assistant. Study, however, was not neglected, and David profited by the limited educational opportunities open to him. At the age of twenty-five he commenced the study of law with Alexander Harper, and in 1825 was ad- mitted to practice in the supreme court of Ohio, in Cleveland. He commenced practice in Zanes- ville. In 1830, he was nominated by the Whig party as State representative for Muskingum county, and polled far more than his party vote, though not enough to elect him. He was in- duced to remove to Coshocton in 1832, in conse- quence of the removal of Noah H. Swayne from Coshocton to Columbus. This change of resi- dence was well-timed and never regretted. Pro- fessional business poured in from the start, and he was called upon to take a leading position in the political arena. In the fall of 1832 he was placed in nomination as the Whig candidate for national representative in the Thirteenth Con- gressional District, then comprising Coshocton, Holmes, Knox and Tuscarawas counties, and, owing to the fact that there were two candidates of the opposite party in the field, although the Whigs were in the minority, their candidate was elected by a good majority. He was re-elected in 1834 by a still more decisive vote. Mr. Spang- ler was satisfied with the political experience

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thus obtained, and proclaimed his determination to give his undivided attention thereafter to pro- fessional practice. In 1844 he was nominated for Governor by this party, then in the ascendancy in the State, but he firmly declined the nomina- tion, insisting upon his tastes for private life, the pressure of professional business and the claims of his family, especially those of his two sons, then in course of education. While at Washing- ton, in January, 1834, he was admitted to prac- tice in the United States Supreme Court, and orally and successfully argued a case, carried up from Ohio, before that court, over which the ven- erable Chief Justice Marshall yet presided. Mr. Spangler died October 18, 1856. His parents were members of the Methodist Episcopal Church, and he was carefully nurtured in its teachings, and ever cherished an ardent attachment for it, though never identified with it as a member. He always gave active aid in the Sabbath-school, and in the musical department of the church. He became a member of the Masonic fraternity when a young man, and held the position of Worshipful Master and representative to the Grand Lodge, of which he was S. G. Deacon. Grand Orator and Deputy Grand Master.

He received no college education, but by his own self-directed effort became a good belles- lettres scholar, a profound lawyer and an eloquent advocate. By nature he possessed both talent and genius, a vigorons mind, and a physical constitu- tion capable of sustaining him throughout the most arduous preparation of a cause, and the most exhausting forensic effort in the trial of it Unbending from these in his hours of social converse, his friends were enlivened by his humor and delighted by his wit. His sympathy and readiness to associate freely with the masses, his great industry and energy, and his keen insight of human nature and ready wit, were qualities giving him his place and power in public life. He used to joke with his friends about his growth in popularity when a candidate, stating that in one township he doubled his vote; the fact sub- sequently coming from him that the first time he ran he got in that township-a Democratic stronghokl-one vote, and the second time two.

From about 1835, the number of attorneys in Coshocton has steadily increased. For many years after that date lawyers from Zanesville con- tinued to transact much of the legal business in this county, but the amount gradually dimin-

ished with the growth of the Coshocton bar, and has long since become unnoticable. At this writing, April, 1881, the following attorneys are actively engaged in practice in Coshocton : Thomas Campbell, E. T. Spangler, J. C. Pome- rene, R. M. Voorhees, James Irvine, J. T. Sim- mons, John D. Nicholas, E. W. James, G. H. Bar- ger, J. M. Compton, A. H. Stilwell, W. R. Gault, J. P. Forbes, E. J. Stickle, and J. M. Williams.

CHAPTER XXXIII.

WAR OF IS12.

Companies Raised in Coshoeton county-Hull's Surrender- Muster Roll of Johnston's Riflemen-March of Colonel Wil- liams' Command-Their Services on the Frontier-Defense of Fort Meigs-Rev. H. Calhoun's Communication.

A FTER the declaration of war against Great Britain, in June, 1812, Return J. Meigs, at that time Governor of Ohio, raised several regi- ments, among the commanders of which was Colonel Lewis Cass of Muskingum county. Col. Cass in raising his regiment, enlisted an entire company from Coshocton county, chiefly from the south and west parts. Early in June, this company, with its regiment, marched to Urbana, where they were joined by the full force under the command of General William Hull, about the middle of June. The entire army numbered twenty-five hundred men, and began its north- ernomarch from this point; and by the end of June had reached the Maumee. General Hull's campaign ended in disaster; the surrender of all his forces and effects to the British; and the Co- shocton company returned home on parole.

The surrender of Hull's forces, August 16, IS12, was a great shock to the people, who had up to that time complete confidence in the army for their defense. They had not built block-houses or engaged the militia to any great extent. Gov- ernor Meigs, on the receipt of the news of Hull's surrender, made a requisition for volunteers; and in response thereto, Judge Isaac Evans raised a company in Coshocton county, immediately marched to Franklinton (across Scioto from Columbus); was mustered into service and furn- ished with uniforms and United States muskets.

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HISTORY OF COSHOCTON COUNTY.

General Harrison was appointed and took com- mand of the army, about the time of Hull's sur- render and upon receipt of that news, came im- mediately to Ohio; reaching Cincinnati on the 27th of August, and the army at Dayton, or thereabouts, on the 31st of the month. The company of Captain Evans joined General Har- rison's forces at Piqua about September 3. A regular campaign was laid out for the recapture of Michigan, but for the time being the troops were employed in keeping open the communica- tions between the upper Miami and the Maumee. General Winchester was given command of the troops at the Michigan frontier, and established himself in winter quarters by January, 1813, on the northern banks of the Maumee river. While here an arrangement was made to defend the inhabitants of Frenchtown from threatened British and Indian invasion, but for want of due precaution, the defense was a lamentable failure, resulting in the defeat and surrender of the en- tire force, including General Winchester. The result of this defeat, added to that of Hull's sur- render, was a general alarm of the country; block- houses were built all along, from the front to the interior of Ohio. Demands were made for all able-bodied men, and several companies were raised in Coshocton county, that were engaged at the Mansfield frontier outside of General Harri- son's regular army.

One of these companies was raised by Captain Isaac Meredith, in the northwestern section of the county, of which company one James Oglevie of Keene township is still living. Captain Tanner is also reported to have raised a company in the southern part of the county; and mention is made of one Captain Beard having raised a part of a company. These companies, with a rifle company commanded by Captain Adam John- ston, and one or two other companies, all being armed and equipped by themselves, were placed under the command of Colonel Charles Williams, and ordered by Governor Meigs to the frontier.

The muster roll of "Johnston's Riflemen," as they were termed, is the only complete roll ex- tant, and is as follows :

Captain, Adam Johnson; Lieutenant, William Morrison; Ensign, Abraham Miller; First Ser- geant, Thomas Foster; Second Sergeant, John

M. Miller; Third Sergeant, Frederick Morkley ; Fourth Sergeant, Robert Culbertson; First Cor- poral, John H. Miller; Second Corporal, Zebedee Baker; Third Corporal, Jolin M. Bartman ; Fourth Corporal, John D. Moore; Privates: Samuel Mor- rison, Edward Miller, Isaac M. Miller, Michael Miller, Isaac Hoagland, George Arnold, James Buckalew, John Baker, Matthew Bonar, Joseph Neff, Allen Moore, Benjamin Workman, James Winders, John MeKean, Windle Miller, John G. Miller, Isaac G. Miller, George Mccullough, Dan- iel Miller, Joseph McFarland, Andrew Lyberger, Henry Carr, Nathan Williams and John Steir- man. To these names may be added the follow- ing names of citizens of Coshocton county, who were engaged in the war of 1812, but with what companies is not on record, viz .: Joseph Severns (who is still living in New Castle township), Peter Moore, Charles Miller, John G. Pigman, Thomas Johnson, Richard Johnson, Andrew MeLain, Samuel Elson, Francis Smith, W. R. Cloud, James Williams, Levi Magness, George Magness, Richard Fowler, Rezin Baker, Richard Hawk, Isaac Shambaugh, James Oglesby, James Wiley, Elijah Neweum, James Butler, Robert Corbet and Thomas Butler. The various companies under Colonel Charles Williams reached Mansfield the latter part of August, and erected a block-house on the public square. Here they were at the time of the massacre of the Zimmers, Martin Ruffner and James Copus. The particulars of the Zimmer and Copus massacre develop the fact that the massacre, in both instances, was the result of the removal of the Greentown Indians, who were part Delawares and part Mohawks, and were so called because of their camp having been located at Greentown, on Black Fork.

The Indians were thrown into a violent state of excitement upon the apperance of the soldiers for their removal. Mr. James Copus was con- sulted in regard to allaying this excitement. He was a man much respected by the Greentown In- dians, who had learned to believe in his honesty and fidelity and to trust him. Mr. Copus was opposed to the removal of the Indians, believing it to be unjust, but finding orders for removal to be peremptory, finally made the effort to persuade the Indians to consent. Upon representations that their property should be safe and their lives

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respected, they departed with the soldiers, who, in violation of their pledges, immediately burnt the cabins and property of the Indians. The smoke and flames of their burning homes were seen by the departing savages, and they vowed a fearful vengeance. Two weeks after the removal of the Greentown Indians Martin Ruffner and the Zimmer family were murdered; they were living about five miles north of the burned vil- lage. After this massacre of the Zimmer family, Mr. James Copus and family went to the block house at Beam's mill, and remained there five days; after which they returned home, believing the Indians would not molest them because of the friendly relations that hitherto existed be- tween them. Nine soldiers, from Adam John- son's rifle company, of Coshocton county, were detailed to accompany Mr. Copus to his home. They took quarters in the barn while the family remained in the house. In the morning the sol- diers went a short distance to a spring, leaving their guns behind. They were immediately at- tacked by the Indians, and five of the soldiers and Mr. Copus were killed in a short time. The re- mainder of the soldiers kept up the fight from daylight until ten o'clock, and finally repulsed the savages. This engagement was the only one in which Coshocton men are known to have lost their lives in the struggle of 1812. Some of the powder used in this war was made from saltpeter collected a few miles south of Roscoe.

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History of Coshocton County, Ohio, its past and present, 1740-1881, Part 52

Author: Hill, Norman Newell, jr., [from old catalog] comp; Graham, A. A. (Albert Adams), 1848-; Graham, A. A., & co., Newark, O., pub. [from old catalog] Publication date: 1881 Publisher: Newark, Ohio, A. A. Graham & co. Number of Pages: 854

Author: Hill, Norman Newell, jr., [from old catalog] comp; Graham, A. A. (Albert Adams), 1848-; Graham, A. A., & co., Newark, O., pub. [from old catalog]
Publication date: 1881
Publisher: Newark, Ohio, A. A. Graham & co.
Number of Pages: 854