USA > Ohio > Crawford County > History of Crawford County, Ohio, and representative citizens > Part 81
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After the war was over Decoration Day, later called Memorial Day, was made a na- tional holiday in most states, and on that day, annually on May 30, the soldiers accompanied by the citizens in every community in the north and south assembled at the cemeteries and lit- tle grave-yards to place memorial wreaths and beautiful flowers on the graves of those who had given their lives that the nation might live. The soldiers organization at Bucyrus is Keller Post. It was named after the Keller Brothers who were killed at the battle of Stone River. Amos Keller was captain of Company B, of the 49th O. V. I .. and his brother Aaron H. Keller was first lieutenant of the same com- pany. They were both wounded at the battle of Stone River, on December 31, 1862, and Capt. Amos Keller died the next day. New Year's Day. 1863. while his brother Lieut. Aaron H., died on January 25th. They were brought to Bucyrus, and on February 15,
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1863, their funeral took place with their burial in the same grave at Oakwood. Of these brothers, W. H. Wortman, when he was Ad- jutant of the Post, wrote: "They were both born in the same month; they served in the same company; they endured the same hard- ships; they fell in the same battle, received their death wounds in the same hour; they were both single, they never separated in life, and sleep together in death. In our beautiful Oakwood cemetery, in a quiet spot, guarded by the beautiful stars of heaven they both rest in one grave."
The charter members of Keller Post No. 128 were A. E. Hummiston, A. H. Wortman, N. Steen, W. H. Wortman, W. H. Sheckler, J. H. Williston, H. E. Rosina, Henry Rupers- berger, George Q. Mallory, John Jones, G. A. Lauck, E. D. Randall, B. F. Lauck, P. E. Bush, D. O. Castle, G. W. Harris, James Fin- ley, S. D. Welsh, J. F. Fitzsimmons, Wm. Mc- Cutcheon, G. H. Stewart, Geo. L. Deardorff, Alexander McLaughlin, G. H. Binkerhoff, Solomon Benson, Wm. Sharpenack, Geo. Wagerly, Joseph Walker, G. H. Terry, F. Hufnagel, O. E. Gravelle, Albert Wentz, H. H. Elliott, S. S. Blowers, G. W. Myers, J. N. McCurdy, John Strawbridge, Mitch Bryant, John Scheidegger, F. R. Shunk, A. M. Boyer, Joseph Hunt, Jerry Niman, H. G. Lane, Con- rad Bauman, C. F. Kanzleiter, Daniel Kanz- leiter.
Peter Snyder Post No. 129 was organized at Crestline and named after Peter Snyder of Company E, IOIst O. V. I. He was wounded on December 30, 1862, the first day of the battle of Stone River and died three days later, on January 2, 1863. He was buried on the field of battle. The charter members were T. P. Kerr, David Snodgrass, James Dunmire, J. S. Cole, W. Shumaker, Gaylord Ozier, Theo. Rinkard, J. A. Smith, John Cook, David Grubb, Samuel Zink, J. C. Channell, John C. Williams, P. B. Young, John A. McJunkin, J. L. Booth, G. W. Thompson, Jacob Lewis, C. Hoke, Geo. Herr, Mathew Jaques, E. Pampel.
The post at Galion was Dick Morris Post No. 130, named after G. A. Morris, who en- listed in Co. K, Fourth O. V. I. He was wounded in the thigh at the Battle of the Wilderness but he remained in the service until they discharged his regiment in 1864. He re-
turned to his home in Galion with his health badly impaired. He never recovered and died at Colorado Springs in 1880, where he had gone for his health. His remains were brought to Ohio, and buried at his old family home at Delhi, Marion County. The charter members of this post were J. R. Homer, J. W. Holmes, Julius Brascher, W. R. Davis, T. C. Davis, Ab- ner G. Bryan, H. Bachelder, W. B. Osborn, M. Manley, E. A. Johnson, Morris Burns, J. S. Nace, Geo. M. Zigler, D. R. Gorman, E. S. Boalt, W. H. Davis, W. F. Haney, John Eng- lish, J. W. Conklin, J. H. Green, M. Rigby, J. H. Ashbaugh, S. M. Reese, Chas. Webber, Wm. Riley, S. B. Nute, Theo. Wooley, A. Wild, Geo. Snyder, S. E. Conrad, Wm. Black- sen, W. H. W. Nichols, Andrew Schneider, Chas. Obtz, John Diday, B. W. Hosford, L. M. Beck.
Biddle Post No. 522 was organized at Sul- phur Springs and was named after John B. Biddle of Company C, 10Ist O. V. I. He was a lieutenant in Company C, and was killed at the Battle of Stone River while repelling a charge. The charter members were Peter Rutan, N. S. Boardman, A. Fry, John K. Zerbe, Jeremiah Tressler, Hiram Smith, George Howell, George Haislett, H. S. Bev- ington, Hiram Orewiler, John Caris, Oliver Flohr, John Weston, Andrew Depler, Jacob Rice, Harvey Mccullough, Samuel Smalley, Thomas Loux, O. I. Keller, M. M. Carruthers, D. L. Felters, Caleb Ackerman, Geo. B. Mc- Intyre, Geo. E. Gowing, S. B. Koons, R. B. McCammon, Jacob Waters, Isaac Crouse, Reuben Finch, David Hites.
A Post was organized at Tiro, with the fol- lowing charter members. John O. Davis, John McConnell, Wm. M. Waid, Samuel B. Raudabaugh, Martin V. Wood, T. S. Bur- roughs, John Vamtilburg, G. M. Jeffrey, Frederick Bloom, Eli Rininger, John Hilborn, Chas. McConnell, Thomas C. Bear, Robt. De- gray, Hiram McDougle, James Miller, D. W. Daugherty, H. H. Sanderson, S. W. Trago, S. W. Jeffrey, W. W. Ashley, James Scheck- ler, E. T. Devoe.
Connected with the several posts, Relief Corps were also organized among them Bu- cyrus Keller Relief Corps No. 68 was organ- ized with 20 charter members. Galion Relief Corps No. 130, and Crestline Relief Corps.
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At Sulphur Springs Biddle Relief Corps No. 88 was organized with 18 charter members.
Probably the oldest soldier who enlisted from Crawford county was William Blowers. He knew he would not be taken where known, so in the Fall of 1882, he enlisted in the 15Ist New York Infantry as a private. He was 62 years of age, and as soon as his enlistment was known, and it was found he insisted on serv- ing his country he was transferred to hospital duty. He died Jan. 28, 1868, and was buried in the Blowers graveyard in Liberty township. The youngest soldier was probably George W. Harris, who was but 13 years of age when in 1862 he enlisted in Co. B of the 6Ist O. V. I., and served for three years. For several years he has been Commander of Keller Post.
Among more than two thousand soldiers from Crawford county who took part in that war there were many acts of heroism, and many brave deeds the memory of which is treasured by their descendants. Three Grand Army Posts in this county are named after men who lost their lives at Stone River; died that a Nation might live. But there are three in- stances that are, perhaps, more prominent than others :
B. B. McDanald was major of the IOIst Ohio, and was captured Sept. 20, 1863, dur- ing the Chattanooga campaign. He was sent to Richmond and confined in Libby Prison. He with Col. A. Streight of an Indiana regi- ment, organized the most daring escape of the war. Major McDanald was the superintendent in the construction of a tunnel. It commenced in the basement of the prison, extended under the street a distance of over sixty feet. Their principal implement used in the construction was a chisel about nine inches long. With this they worked by relays storing the exca- vated earth beneath the straw on which they slept. The work was all done after night and it took them a month to complete the small hole through which they crawled to liberty. On Feb. 9, 1864, 109 officers made their es- cape; emerging from the tunnel they separ- ated into small groups to make their way north, and 55 succeeded in reaching the Union line, and Major McDanald was among the num- ber, and the faithful chisel was brought home by him as a souvenir of his daring escape.
Libby was a prison for the officers. There
was a prison for the privates. It was Ander- sonville, and perhaps two dozen of Crawford's soldiers were in that living hell. It was 23 acres in size. On June 17, 1864, Sergeant Thomas J. Sheppard was captured in a night attack on Kenesaw Mountain, and was sent to Andersonville. During July there were 31,- 648 prisoners there, and 1742 died that month; in August out of 31,693 prisoners 3,076 died. In July one in every 18 died; in August one in every eleven; in September one in every three; and in October every other man died from starvation and exposure, for there was no pro- tection except holes burrowed in the ground. In this prison pen, Sergeant Sheppard who had studied for the ministry, for ten months preached to his comrades, and gave what com- fort and consolation he could to the sick and the dying. His comrades drew up a petition telling of his services, and the paper, dis- colored by age, its edges frayed and torn, is still in the possession of his children. He lived through all the horrors of Andersonville, and when the war ended was released and returned to Ohio to finish his ministerial studies, and filled several pulpits in this State, among them the Baptist church at Bucyrus. He was known throughout the State and Nation as "The An- dersonville Chaplain." He died at the home of his daughter, Mrs. James R. Hopley, in Bucy- rus, on Aug. 14, 1912.
When the troops were getting closer and closer to fated Richmond, Gen. Grant received from patriotic citizens a purse of $460 to be presented to the soldier who should first plant the Stars and Stripes in the captured city. Richmond was not taken by assault, but was abandoned in consequence of the successful at- tack on Petersburg, on April 2, 1865. So the commanders of the three corps who made the successful assault were each requested to select the man most distinguished for bravery on that occasion, and Gen. Wright selected Sergeant David W. Young, of Co. E, 139th Pa., and he received the following letter :
WASHINGTON, July 22, 1865.
SERGEANT DAVID W. YOUNG,
Co. E, 139th Regiment Pennsylvania Volunteers :
The sum of four hundred and sixty dollars was sent to me by patriotic Citizens to be presented as a reward for gallantry to the soldier who should first raise our flag over Richmond. As Richmond was not taken by assault, I have concluded that the donors' wishes will be best carried out by dividing the sum between three
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soldiers most conspicuous for gallantry in the final and successful assault on Petersburg.
You have been selected by Major General H. G. Wright, commanding the Sixth Army Corps, as entitled to this honor on behalf of that command, and I herewith present to you one hundred and fifty-three dollars and thirty-three cents as one third of the original sum.
It affords me great satisfaction to receive from your Commanding General such unqualified testimony of your gallantry and heroism in battle, and to be the me- dium of transmitting to you this recognition of the worth of your services in defense of our common country.
U. S. GRANT. Lieutenant General.
This brave soldier died on Dec. II, 19II, and was buried by Keller Post, of which he was a member, with all the honors of war.
On April 23, 1898, President Mckinley is- sued his proclamation calling for 125,000 vol- unteers, war against Spain having been de- clared.
The first call of the President was received by the Governor at 5 o'clock in the afternoon of April 25. Telegraphic orders were immedi- ately sent to the commanding officers of the Ohio National Guard. Company A at that time was a part of the 8th Regiment, the sen- ior major of which was Edward Vollrath of Bucyrus. On the 26th of April, within 24 hours of the receipt of the orders Company A was at Akron and two days later proceeded to Camp Bushnell, Columbus, Ohio, where on May 13, 1898, they were mustered into the United States service as the 8th Regiment, Ohio Volunteer Infantry.
The company and regiment were mustered out of service at Wooster, Ohio, Nov. 21, 1898.
During the war Company A was stationed at the following points :
Station Arrival Departure Camp Bushnell. O. April 28, 1898 May 18, 1898
Camp Alger, Va., May 20, 1898 July 5, 1898
Camp Siboney, Cuba July 1I, 1898 July 16, 1898
Camp Sevilla Hill, Cuba July 16, 1898 Aug. 1I, 1898
Camp San Juan Hill, Cuba Aug. 11, 1898 Aug. 17, 1898
Camp Montauk Point,
Aug. 26, 1898 Sept. 6, 1898
8TH REGIMENT, O. V. I.
The following were the members of the company :
Field and Staff-Maj. Edward Vollrath, Bucyrus, Batt. Adjt., Charles F. Schaber, Bucyrus, Batt. Ser- geant Major. Edward G. Reid, Bucyrus.
Captain-Marcus A. Charlton, Ist. Lieut .- John W. Birk, 2nd. Lieut .- Guy D. Swingly.
Sergeants-Ist .. Edward Rodey, O. M., Joseph E. Wert, Alva S. Humiston, * Charles Thoman, John C. Cramer, Milton W. Stailey, Lewis S. Nedele.
Corporals-William F. Reber, Frederick T. Beer,
George E. Kinninger, Robert W. Kerr, Henry E. Volk, Fred W. Bacon, Samuel Raymond, Frank H. Hill, Ephriam G. Monnette, John B. Crim, Christopher Dinkel, Edward M. Wise, William M. Burwell, Daniel Spade.
Musicians-C. W. Deardorff and Charles W. Raub. Artisans-E. A. Burroughs and William C. Beer. Wagoner-Lucian Anthony.
Privates-Rufus Altaffer, Harry T. Beelman, Charles F. Belzner, William J. Breymaier, John B. Brown, Fay W. Brown, Charles F. Bryant, Charles L. Bittikofer, Ulrich Bauer, * Ebbie N. Bland, Arthur C. Bloodhart, Arthur Becker, Thomas Berry, Robert L. Christie, George O. Coleman, Jay E. Coulter, Wilbur J. Charlton, Chris Carle, Harry Couts, Peter Callaghan, Wm. M. Cummins, William C. Deam, C. F. Donnenwirth, Guy P. Emerson, Cyrus H. Fisher, Charles W. Foreman, Homer A. Foreman, Charles Ferrall, Charles Fidler, James P. Hill, William D. Hillis, E. G. Hillis, Roy H. Hayman, Harry H. Holland, Walter M. Hubbell, Jacob Huber, Michael Hipp, Joseph J. Hieronimus, Luther Haffner, Albert Heintz, Charles V. Jones, Samuel Kahler, * Charles C. Keplinger, Glenn H. Koons, E. Harry Kerr, George Kehrer, Harry W. Leitz, Jay C. McCracken, Jesse H. Minich, Jay Moore, Harry W. Morrow, Gilbert McKeehen, Frank Munz, Louis Mollenkopf, Samuel H. Nelson, Charles Nail, William R. Orr, Benjamin L. Orr, Thomas Plummer, Edward Rettig, John Rettig, Or- lando C. Rice, Birt Rogers, Frank Reynolds, Theodore Reminger, T. P. Rayel, Frederick Stahl, Edgar A. Stan- ley, Charles E. Shanks, Sherman Sampsel, * Otto Sand- hammer, Ralph J. Stewart, Roscoe A. Taylor, Roscoe A. Trumbull, Frank Trautman, Albert Teetrick, Bert Ullam, Albert Warden, Harry R. Winner. * Died in Service.
The 8th Regiment of Infantry, O. N. G., popularly known as "The President's Own," was the only Ohio regiment that went to Cuba. The order to start for Cuba came on the Fourth of July and on the 6th the regiment embarked at New York city on the U. S. Steamer St. Paul, arriving off Siboney, sev- eral miles below Santiago, on July 10th. The troops being urgently needed at this time, the regiment was immediately disembarked, some companies being landed that night and the remainder on the following morning. On their march to the front, over the mountain trail, they met numerous wagons loaded with sick and wounded soldiers. The regiment marched part way under a furious tropical storm and camped on the east bank of the Aguadores river. So heavy was the downpour of rain that the camp was completely flooded and none were able to sleep. In the morning it was found that the streams were so swollen that an immediate advance of the regiment was im- practicable and they were obliged for some time to remain at this camp, which was named by the soldiers "Camp Mud."
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On the 13th of July the Third Batallion, consisting of Companies B, E, G and K, were detailed as guard to General Shafter and the headquarters of the Fifth Army Corps. After the surrender of Santiago, a few days later, the headquarters were moved into the city and the batallion acted as guard of the Ammuni- tion Reserve and Small Arm Park until Au- gust roth, besides performing various other duties.
On July 15th Colonel Hard obtained per- mission of General Miles to change the loca- tion of the camp, which was an unhealthy one, and accordingly the First and Second Batal- lions took camp on Sevilla Hill, the Third re- maining at headquarters. At this time the regiment suffered greatly from sickness, prin- cipally malarial fever, the companies being obliged to furnish details to assist the hospital corps. The health of the army generally con- tinued so bad and the deaths were so numerous that it was found impracticable to send the troops to take part in the Porto Rico cam- paign, as had been intended, and representa- tions having been made by the chief officers
to General Shafter and submitted by him to Washington, the army was ordered north im- mediately.
On August 18th the 8th regiment left San- tiago on the steamer Mohawk, some of the men, however, being unable to embark on ac- count of sickness. On the way home two deaths occurred at sea. On the 26th the troops were landed at Montauk Point, Long Island and were immediately placed in quarantine un- til danger of infection was over. On Septem- ber 6th, a 60-days' furlough having been granted, the various companies took the train for Ohio, to reassemble for muster out at Wooster, Ohio on November 10th. They re- mained in camp at Wooster until November 21, 1898, when they were discharged. While in the United States' service the 8th Regiment lost 72 men, a number of others dying subse- quently as the result of disease or hardships encountered.
The soldiers of the Spanish American War have organized Thoman Camp No. 69, United Spanish War Veterans, named after Sergeant Charles Thoman who died in Cuba.
CHAPTER XXIX
BENCH AND BAR
The Ordinance of 1787-Formation of the Courts-President and Associate Judges-Jus- tices of the Peace-Crawford County Lawyers-Some Interesting Cases.
"The hope of all who suffer, The dread of all who wrong." JOHN G. WHITTIER.
Sixteen years before the admission of Ohio into the Federal Union the foundations of law and order throughout the great North- western Territory, of which it formed a part, were laid by the passage in Congress of the "Ordinance of 1787." The author of this com- pact, who was also chiefly responsible for its passage, was the Rev. Mannasseh Cutler, one of the leading directors of the Ohio Company, formed for the development of lands and the planting of settlements along the valleys of the Ohio, Muskingum and Scioto rivers. This compact, which has been called the true cor- ner-stone of the northwest, declared that "re- ligion, morality and knowledge being neces- sary to good government and the happiness of mankind, schools and the means of education shall always be encouraged." It also forever prohibited slavery within the territory and, strange to say, was passed by the aid of the southern members of Congress, every one of whom voted for it. This result was accom- plished through Dr. Cutler's ability and adroit- ness as a politician. Ample provision was made for education, Section 16 of each town- ship being set apart for school purposes. When the State Constitution was adopted in 1803 it was based in its essential parts of the Ordi- nance of 1787. The Judicial powers of the state were a Supreme Court of Common-Pleas and Justices of the Peace. The Supreme Court was composed of three members, in 1807 increased to four, and two members constituted
a quorum and were to meet once a year in every county in the State.
The Common Pleas Court consisted of a president judge elected by the Legislature, and in each county two or three associate judges were elected by the Legislature to sit with the president judge when he visited that county and form the court. Each court appointed its own clerk to serve for seven years, but the clerk must have a certificate signed by a ma- jority of the Supreme Court certifying as to his qualifications for the position.
A competent number of justices were elected in each township their term of service being three years.
Soon after the organization of the county, Bucyrus was selected as the county seat, and in July, 1826, the first term of the Common Pleas Court was held at the residence of Lewis Cary, on the south bank of the Sandusky river, on the site of the present residence of C. H. Shonert.
The presiding judge on this occasion was Ebenezer Lane, of Norwalk, who had been appointed in 1824. This circuit was No. 2,. and included all the northwestern part of the state, Crawford County having been attached to, this circuit on its organization. Judge Lane was a native of Northampton, Mass., and a graduate of Harvard University in the class of 1811. He had studied law under Judge Matthew Griswold, at Lyme, Conn., had been admitted to the bar in 1814, and commenced practice at Norwich, Conn. In the spring of 1817 he came to Ohio, settling first at Elyria. In May, 1819 he was appointed prosecuting
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attorney of Huron County and in October of the same year removed to Norwalk. After his election by the Legislature in 1824 as presiding judge of the Second Circuit he continued to discharge the functions of that office until the fall of 1830, at which time he was elected judge of the Supreme Court of Ohio, a position he held until the winter of 1844-45, when he re- signed. He then accepted the presidency of the Mad River & Lake Erie Railroad Company and for ten years after was engaged in the management of railroads in Ohio. In the fall of 1855 he became counsel and resident direc- tor of the Illinois Central Railroad Company, with his residence at Chicago, and was thus occupied until March, 1859, when he resigned and retired to private life. He was a scholarly man, a close student, not only of his profes- sion, but also of science and general literature, and was prompt in the discharge of every duty. His legal ability is evidenced in his opinions contained in the Ohio Supreme Court Reports and he possessed in a high degree the respect and esteem of his fellow members of the bench and bar and the confidence of the peo- ple generally. He died at Sandusky, Ohio June 12, 1866.
Judge Lane was succeeded on the bench of the Common Pleas Court by David Higgins, also of Norwalk, who held the office of presi- dent judge for the full term of seven years, from 1830 to 1837. He was a man of fine per- sonal appearance and of good ability, a firm be- liever in a strict construction of the law, and would brook no opposition, and as a result his relations with his legal brethren and the people were not so harmonious as those of his prede- cessor. His ability and integrity, however, were unquestioned. In the winter of 1837-38 his term came to a close and he retired to pri- vate life.
Ozias Bowen of Marion was the successor of Judge Higgins, and held the office of president judge for two terms, or fourteen years, until the judicial system under the Constitution of 1802 was superseded by that of the Constitu- tion of 1851. Judge Bowen was born at Au- gusta, N. Y., July 1, 1805. He was admitted to the bar at Canton, Ohio, in September, 1828 and soon after began practice at Marion. In 1856 he was appointed by Governor Chase a judge of the Supreme Court, to fill a vacancy
caused by the resignation of Judge C. C. Con- verse.
The Associate Judges were generally of the same political party as the majority in the Legislature at the time of their election. Yet the names of the judges in Crawford County show that it was an indispensable qualification that the men selected should be of such high standing and character that the people would have confidence in the court and respect its decisions. These men, although none of them were lawyers, received the title of judge.
The first associate judge in this county was E. B. Merriman, elected in 1825, when Craw- ford was under the judicial supervision of Marion, the Legislature electing two Marion men and one from Crawford. The next year Crawford was organized and its first three associate judges were elected on Jan. 26, 1826, five days before the act was passed organizing the county. The following were the associate judges in Crawford County with the dates of their election. The office was abolished in 1851 by the adoption of the present Constitution.
Enoch B. Merriman-1825-26.
John Cary-1826.
John B. French-1826.
Jacob Smith-1827.
Abel Cary-1829.
Josiah Robertson-1830.
George Poe-1833.
Hugh Welsh-1835-42. Samuel Knisely-1836-43.
Andrew Failor-1836-43.
Robert W. Musgrave-1845.
Robert Lee-1849.
James Stewart-1850.
In the early days there were few lawyers in the little towns, and when court met and the judge arrived, he was followed by a retinue of attorneys. who accompanied the court from town to town. Judge Lane's circuit at that time included all of northwestern Ohio; the roads were bad, sometimes only trails; many streams had to be forded, and the lawyers carried their books from town to town; once it is of record that in the fording of a heavily swollen stream the law library of the party was swept away. They entered towns sometimes covered with rain and mud, but with the fire and internal re- freshments promptly served by the jovial land- lord, were soon made comfortable. Court days
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were great days for the little towns in those early times. It brought the citizens in touch with the outside world, and every evening the tavern was crowded to listen to the latest stories and hear the inside of all political develop- ments.
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