History of Defiance County, Ohio. Containing a history of the county; its townships, towns, etc.; military record; portraits of early settlers and prominent men; farm views, personal reminiscences, etc, Part 18

Author:
Publication date: 1883
Publisher: Chicago, Warner, Beers
Number of Pages: 440


USA > Ohio > Defiance County > History of Defiance County, Ohio. Containing a history of the county; its townships, towns, etc.; military record; portraits of early settlers and prominent men; farm views, personal reminiscences, etc > Part 18


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and three Commissioners, consisting of Joseph Burns, of Coshocton County, Joseph Mccutchen, of Crawford County, and James Curtis, of Perry County, were ap- pointed to locate the county seat. In July, 1846, Bryan, which was then covered with a dense wilder- ness, but at or near the center of the county, was se- lected. The dissatisfaction of Defiance was great, and projects of a new county with it as a county seat were talked of. It was a Democratic [Legislature that removed the county seat and the members of that party were usually averse to the organization of new counties. In 1864, when the Whigs obtained con- trol of the Legislature, several of the prominent citi- zens of Defiance. but chiefly William C. Holgate and Horace Sessions, determined to make the effort to se- cure a new county. December 4, 1844, a petition was drawn up and presented to the citizens for sig- natures, and a remonstrance was also extensively cir-


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HISTORY OF DEFIANCE COUNTY.


culated by the enemies of the project. The opposi- tion was carried to the halls of the Legislature after a short struggle, but the bill was passed, March 4, 1845, just three months after the petition was first circulated. In the House the majority for the bill was twelve votes, in the Senate, two votes.


The full text of the bill organizing Defiance County is herewith given:


FULL TEXT OF THE BILL ORGANIZING DEFIANCE COUNTY.


SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That such parts of the counties of Williams, Henry and Paulding, as are embraced in the boundaries hereafter described, be and the same are hereby erected into a separate and distinct county, which shall be known by the name of Defi- auce, to wit: Beginning on the Indiana State line where the line between Townships 5 and 6 north, in Williams County, intersects said State line; thence east on said township line to the east line of Range 5; thence south on said range line to the north line of Putnam County; thence west on said Putnam County line to the east line of Paulding County; thence north on said Paulding County line to the point where the section line, between Sections 13 and 24, Township 3 north, Range 4 east, intersects said county line; thence west on section lines to the west line of said township; thence north on said township line to the present south line of Williams County; thence west on said Williams County line to the Indiana State line; thence north on the Indiana line to the place of beginning.


SEC. 2. The seat of justice within and for said county of Defiance shall be and is hereby fixed and permanently established at the town of Defiance.


SEC. 3. That all suits, whether of a civil or criminal nature, which shall be pending within those parts of the counties of Williams, Henry and Pauld- ing, so set off and erected into a new county, previous to the first Monday of April, 1845, shall be prose- cuted to final judgment and execution within the counties of Williams, Henry and Paulding, respect- ively, in the same manner as though the said county of Defiance had not been; and the officers of said counties, respectively, shall execute all such process as shall be necessary to carry into effect such suits, prosecutions and judgments, and the collectors of taxes for the said counties, respectively, shall col- lect all taxes that shall be levied and unpaid, within the aforesaid portions of their respective counties, at the time of the passage of this act.


SEC. 4. That all Justices of the Peace and other township officers within those parts of the coun- ties of Williams, Henry and Pauling, which by this act are erected into the county of Defiance, shall


continue to exercise the functions and discharge the duties of their respective offices, until their time of service shall expire, and until their successor shall be elected and qualified, in the same manner as if they had been elected or commissioned for the county of Defiance; and all writs and other legal process within the territory hereby erected into the county of Defi- ance, shall be styled as of the county of Defiance, on and after the first Monday of April, 1845.


SEC. 5. That the Commissioners of Paulding County shall have power, immediately upon the pas- sage of this act, to attach the south half of Auglaize Township to any adjacent township of said county, or to organize said half township into a separate township, and to add any adjacent territory to the same, if they shall deem it expedient, just and proper to do so; which power shall extend to the Commis- sioners of Defiance for the purpose of disposing of the north half of Auglaize Township.


SEC. 6. That the Associate Judges of Defiance County shall have power to appoint a time for the holding of an election to fill such county offices in said county as they shall deem necessary, which election shall be notified and conducted in the same mauner prescribed in the act to regulate elections; and the county officers, so elected, shall hold their offices until the next anuual election, and until their successors are elected and qualified.


SEC. 7. That such portion of the territory of Williams County as is by this act included in the county of Defiance, shall stand charged and be liable to said county of Williams, for the debts of said Williams County, in the proportion the total valua- tion of the taxable property, as charged upon the tax duplicate of said county at the time of the passage of this act, in said territory so included in Defiance County, bears to the valuation of the taxable prop- erty left in said Williams County; provided said ter- ritory shall not be liable for the payment of any por. tion of said debt of Williams County, that has been contracted or incurred by the removal, location or establishment of the seat of justice of said Williams County at Bryan, or by the erection of, or preparation to erect, public buildings at Bryan.


SEC. 8. That for the purpose of ascertaining the just and true amount of said debt, chargeable in the manner specified in the preceding section, upon said territory, taken from Williams County, the County Auditor of Williams County is hereby re- quired to furnish the County Commissioners of the county of Defiance a full and true statement of the debt of Williams County, specifying the time and the manner in which and the object for which said debt was contracted or incurred; also a statement of the amount of taxes of said territory which have been


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HISTORY OF DEFIANCE COUNTY.


used, or appropriated, to the expenses of removal or establishment of the seat of justice at Bryan or in the erection of or preparation to erect public build- ings, and also a statement of the total valuation of the taxable property of said territory as taken from Williams County and of that remaining in Williams County respectively, which said statement the said Auditor shall furnish said Commissioners on or be- fore the first Monday of August next, verified by his oath; and the County Commissioners of said county of Defiance, upon the receipt of the said statement and upon being satisfied of their correctness, are hereby authorized, from year to year, to levy upon the tax- able property within said territory so taken from Williams County, such taxes as may be necessary for the payment of the indebtedness of said territory, so ascertained; and in anticipation of the said payment, to issue orders upon the Treasurer of the county of Defiance, payable with interest to the order of the Commissioners of Williams, within ten years from the passage of this act to the full amount of such proportion of said debt.


SEO. 9. The territory by this act, taken from Henry and Paulding Counties, and included in said county of Defiance shall stand charged and be liable to the respective counties from which said territory is taken for the debts of said counties, in the same proportion, upon the same terms, and under the same provisions as by the seventh section of this act, the territory taken from Williams County is made liable to said Williams County; and the same regulations and provisions, provided in the eighth section of this act, for ascertaining and liquidating the proportion of the debt of said Williams County, charged upon the territory taken from said county, shall extend and apply with equal force and effect to the counties and county officers respectively of Henry and Paulding Counties.


REJOICINGS AT DEFIANCE.


The citizens of Defiance, having been deprived of the county seat of Williams a few years previous, were greatly rejoiced to again become the residents of the seat of justice. A celebration of the erection of Defiance County was held at " Old Fort Defiance" on the afternoon of Thursday, March 13, 1845. Not- withstanding high waters and bad roads, the people of the new county thronged to Defiance in large numbers to rejoice with each other over the fortunate event. In the evening the shops and stores were illuminated and bonfires were kindled in public


places by enthusiastic and happy citizens. At 8 o'clock a vast concourse repaired to the Exchange Hotel and partook of a sumptuous banquet which there awaited them. Judge Pierce Evans was made President of the assembly, Dr. Jonas Colby, Vice President, and Horace Sessions, Secretary. Appropri- ate resolutions were drafted and read, and the exul- tation of the assemblage found expression in the re- sponse to many toasts. Music, gayety and dancing terminated the joyous occasion at 2 o'clock in the morning.


At the next session of the Legislature, the friends of Williams County made strenuous but unsuccessful efforts to have the action of the Legislature organiz- ing Defiance County repealed.


Milford, Hicksville, Farmer, Mark, Washington, Delaware, Tiffin, Noble and the upper part of Defiance Townships were taken from Williams Coun- ty; Adams, Richland and Highland Townships from Henry County, and the lower part of Defiance Town- ship from Paulding County.


COURT HOUSE.


After the erection of Defiance County, the first term of court within the newly made county opened April 2, 1845, in a brick schoolhouse which stood on Lot 2. Block 5, in the First Addition of Defiance, on Wayne street. Proceedings were at once instituted to erect a court house, and in a short time a brick ed- ifice was completed on the site of the present court house. It cost about $7,500, and in its day was con- sidered as a handsome and very creditable structure. The court room was on the first floor, with the coun- ty offices above. The building was considered defec- tive, and during the years 1871-72-73 the present court house was constructed at a cost of about $72,- 000. It is a handsome specimen of Franco-American architecture, and reflects credit alike upon its build- ers and architects. It fronts west, has an entrance on the south, and is three stories high. with the Mansard roof. The building is made of Philadelphia pressed brick, with iron and stone trimmings. From the tower, which rises to the height of 125 feet, the view presented is worth the effort made to obtain it.


The present brick jail was erected shortly before the court house. The jail it replaced was also of brick and occupied the same site. For a time after the erection of Defiance County, its prisoners were con- fined in the Henry County Jail until one could be built.


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HISTORY OF DEFIANCE COUNTY.


CHAPTER XII.


COUNTY OFFICIALS.


A T the first term of court in Defiance County, April 2, 1845, Patrick Goode was Presiding Judge, Andrew C. Bigelow, William O. Ensign and James S. Greer, Associate Judges; and Orlando Evans, Clerk. April 3, 1845, the court ap- pointed as County Commissioners, Lymau Langdon and Jonas Colby, who were sworn in by Israel P. E. Wheden, Justice of the Peace, and held their first session April 5, 1845. Edwin Phelps was appointed Auditor. The first school examiners were G. W. B. Evans, Edwin Phelps and Horace Sessions. The first papers filed for naturalization were by David Kavverman. Samuel C. Sullivan and Elizabeth Williams were the first couple married in the new county, June 12, 1845.


A special election for county officers was held April 15, 1845, and October 14, following, and officers were elected for full ternis.


Complete lists of the county officers from the date of its organization are herewith given.


LIST OF COUNTY OFFICERS.


Auditors-1845, William A. Brown; 1845, Will- iam A. Brown; 1847, Miller Arrowsmith; 1849, Mil- ler Arrowsmith; 1851, Finlay Strong; 1853, Finlay Strong; 1855, George Moss; 1857, George Moss ;- 1859, John C. Arrowsmith; 1861, John C. Arrow- smith; 1863, Charles P. Tittle; 1865, Charles P. Tittle; 1867, George Moss; 1869, John M. Sewell; 1872, John H. Conkle; 1874, John H. Conkle; 1876, William A. Slough; 1878, William A. Slough; 1881, Charles P. Tittle.


Recorders-1845, Sanderson M. Huyck; 1845, Samuel S. Case; 1848, John M. Stilwill; 1851, James B. Heatley; 1854, James B. Heatley; 1857, Henry Hardy; 1860, Henry Hardy; 1863, Samuel W. Wilson; 1866, Samuel W. Wilson; 1869, Lewis Neill; 1872, Lewis Neill; 1875, William E. Carpenter; 1878, William E. Carpenter; 1881, John C. Woods.


Prosecuting Attorneys-1845, John M. Stilwill; 1845, John M. Stilwill; 1847, Samuel M. McCord; 1849, William P. Bacon; 1851, Samuel M. McCord; 1853, Patrick S. Slevin; 1855, David Taylor; 1857, Sidney S. Sprague; 1859, Thomas McBride; 1861, Thomas McBride; 1863, Henry Hardy; 1865, Henry Hardy; 1867, Silas T. Sutphen; 1869, Silas T. Sutphen; 1871, Silas T. Sutphen; 1873, Charles E. Bronson; 1875, Charles E. Bronson; 1877, Charles


E. Bronson; 1879, Benjamin F. Enos; 1881, Benja- min F. Enos.


Treasurers-1845, John H. Kiser; 1845, John H. Kiser; 1847, John Tuttle; 1849, David W. Marcel- lus; 1851, David W. Marcellus; 1853, Shadrach R. Hudson; 1855, Horace Hilton; 1857, John A. Gar- ber; 1859, John A. Garber; 1861, John H. Beving- ton; 1863, John H. Bevington; 1865, Abraham B. Krunkilton; 1867, Abraham B. Krunkilton; 1869, Asa Toberin; 1871, Asa Toberin; 1873, Harrison Shaw; 1875, Harrison Shaw; 1877, Adam Minsel; 1879, Adam Minsel; 1881, Peter William Lauster.


Sheriffs-1845, Calvin L. Noble; 1845, Calvin L. Noble; 1847, Calvin L. Noble; 1849, William S. Langdon; 1851, William S. Langdon; 1853, Byron Bunnell; 1855, Byron Bunnell, died August 19, 1856; 1858, Virgil H. Moats; 1860, Virgil H. Moats; 1862, John M. Sewell; 1863, John W. Slough; 1866, John W. Slough; 1868, Jacob Karst; 1870, Jacob Karst; 1872, John B. Hootman; 1874, John B. Hootman; 1876, Henry Schmick; 1878, Henry Schmick; 1880, John A. Foust; 1882, John A. Foust.


Coroners-1845, Jehu P. Downs; 1845, Jehu P. Downs; 1847, Jehu P. Downs; 1849, Jehu P. Downs; 1851, Jehu P. Downs; 1853, Thomas Garrett; 1855, Jehu P. Downs; 1857, Jehu P. Downs; 1859, Elias Churchman; 1861, Aaron Bennett; 1863, Henry Beaderstadt; 1865, Henry Beaderstadt; 1867, Henry Beaderstadt; 1869, Henry H. Kiser; 1871, John H. Kiser; 1873, Emory W. Downs; 1875, Henry Kuhl; 1877, Henry Kuhl; 1879, Emory W. Downs; 1881, Jobn J. Finn, who refused to serve; 1881, Dr. D. P. Aldrich was appointed for the term.


Surveyors-1845, Miller Arrowsmith; 1845, John Wisler; 1848, Finlay Strong; 1851,


Townsend; 1854, Miller Arrowsmith; 1857, John Arrowsmith, who served to 1859, when he was elected Auditor, and John W. Wilson was appointed to fill his unexpired term; 1860, John W. Wilson, was elected, and in 1861 he enlisted in the United States service and the county was without a surveyor; 1863, David Hunter was elected; 1866, David Hunter; 1869, John Phillips, who served about two years and died, and David Hunter was appointed to fill out his unexpired time; 1872, D. H. English was elected; 1875, D. H. English; 1878, Thomas S. Wight; 1881, Thomas S. Wight.


Clerks-At the April term, A. D. 1845, Orlando


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HISTORY OF DEFIANCE COUNTY.


Evans. In May following he was appointed for a term of seven years, to 1852. In October, 1851, William Richards was elected and served from 1852 to 1858; October, 1857, Edward Phelps was elected and served from 1858 to 1867; F. W. Graper from 1867 to Feb- ruary 24, 1873, at which time he died, and Edwin Phelps succeeded him, commencing March 3, 1872, and served to 1879. He was Clerk of Williams County from 1839 to 1844, Defiance being the conuty seat at that time; October, 1878, John D. Lamb was elected and served from 1879 to 1882; October, 1881, J. P. Cameron was elected and entered upon the duties of the office February 9, 1882; his term will expire Feb- ruary 9, 1885.


Probate Judges-John M. Stilwill, February, 1852, to January, 1854; Jacob J.Green, from January 4, 1854.


Commissioners-The first Commissioners of De- fiance County were Jonas Colby and Lyman Lang- don, who were appointed by the Court of Common Pleas April 3, 1845, and served until the 1st day of December, 1845.


The first Commissioners elected were John A. Garber, Robert M. Kells and Ira Freeman, and hav- ing drawn lots, Ira Freeman drew for the term of one year, Robert M. Kells for the term of two years and John A. Garber for the term of three years.


Since then the following have served: Henry Breckbill, 1846-49; Ira W. Ladd. 1847-50; John A. Garber, 1848-54; John A. Cheney, 1849-54 (re- signed); B. B. Able, 1854-55 (by appointment); John M. Sanford, 1855-58; Jacob Conkey, 1850-53; Airs Knight, 1853-59; Peter Conkle, 1857-66; Samuel S. Case, 1858-64; Samuel Hill, 1859-64 (resigned); Merill Otis, 1864-65 (by appointment); and 1865-67, when he resigned; W. R. Maxwell, 1867-68 by ap- pointment and 1868-74 by election; Joseph Sewell, 1864-70; John Elliott, 1866-72; Abraham B. Crunk- leton, 1870-71 (resigned); Charles Speaker, 1871-72 (by appointment); died in office; Isaac Garver, 1872 -73 (by appointment); Adam Wilhelm, 1872-78; Peter Gares, 1873-79; F. N. Horton, 1874-80; Town- send Newton, 1878-80 (resigned); David Travis, 1880-81 (by appointment); Levi Colby, 1879; Martin Struble, 1880 -- 83; David Travis, 1881-82 (deceased); Henry Ort, 1882-83; Michael Gorman, 1882. The present Board is composed of Messrs. Struble, Colby and Gorman.


Infirmary Directors -- This Board was organized in 1868, with the following members: Peter Gares, for one year; G. C. A. Greenler, for two years; Rich- ard Knight, for three years.


Subsequent members have been Peter Gares, 1869-72; F. N. Horton, 1870-71, vice Knight re- signed; G. C. A. Greenler, 1870-73; F. N. Horton, 1871-74; J. Y. Gurwell, 1872-78; William Will- iams, 1873-79; John Dow, 1874-78 (died in office); John English, 1878-83; John P. Frederick, 1878-84; Abram Raisor, 1879-85.


Levi Mock was appointed Superintendent of the Infirmary in 1869 and served five years. J. H. Smith was appointed in 1875 and served four years, when J. M. Phillips received the appointment and is now acting in that capacity.


Defiance Infirmary Farm-The farm contains about 200 acres and is partly in Tiffin and partly in Noble Townships. It is a good farm and finely lo- cated. Mr. James Phillips is the Superintendent. The farm cost about $13,000, and the buildings about $4,000, making the entire cost about $17,000.


The labor of the paupers makes the farm nearly self-supporting.


State Representatives-Since the creation of De- fiance County, the districts of which it has formed a pari have been represented in the State House of Representatives as follows: 1845-46, Horace S. Knopp, of Putnam; 1846-47, Benjamin F. Metcalf, of Putnam; 1847-48; Nathan M. Landis, of De- fiance; 1848-49, Charles P. Edson, of Van Wert; 1849-50, Sidney S. Sprague, of Defiance; 1850-51, William H. Snook, of Paulding; 1852-54, Thomas S. C. Morrison, of Williams; 1854-56, Erastus H. Leland, of Defiance; 1856-58, Schuyler E. Blakeslee, of Williams; 1858 -60, W. D. Haymaker, of Defiance; 1860-62, Calvin L. Noble, of Paulding; 1862-64, Philetus W. Norris, of Williams; 1864-66, John W. Ayres, of Paulding; 1866-70, Elisha G. Den- man, of Williams, and William D. Hill, of Defiance; 1870-74, Levi Colby, of Paulding; 1874-76, Henry Hardy, of Defiance; 1876-78, Asa Toberen, of De- fiance; 1878-80, Henry Hardy, of Defiance; 1880-82, Benjamin Patton, of Defiance; 1882-84, Lewis S. Gordon, of Paulding.


Senators-A. P. Edgerton was State Senator from Defiance from 1845-47, two terms; John Tay- lor, for two terms from 1852-56; William Carter, 1868-70; and Elmer White at present represents this district.


Congressman-A. P. Edgerton was a member of the Thirty-second Congress from 1851-55. William D. Hill was elected to the Forty-seventh Congress in 1878, and in 1882 to the present Congress.


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HISTORY OF DEFIANCE COUNTY.


CHAPTER XIII.


THE COURTS.


C


YONCERNING the early courts at Defiance, Thomas W. Powell wrote in 1867: "Judge Lane's circuit of the Common Pleas then included the whole of the northwestern part of the State, in- cluding the counties of Huron, Richland, Delaware and Union, being fully one-fourth of the State. He was very punctual in attending the courts of Perrysburg and Defiance, Gage and myself always accompanied him; and they were frequently at- tended by other lawyers from other parts of the country. Those excursions from Perrysburg to Defi- ance in attending the courts there were enjoyed with rare pleasure and attended with considerable excitement. We usually made the trip on horseback, but frequently when the river was in a high stage of water we would procure a canoe at Defiance and make our way back by water. We frequently took two days to make the trip, and then would make Prairie Damasque our half-way stopping place over night, at the house of Judge Vance, a brother of Gov. Vance, of Ohio. * *


* At that time Defiance consisted only of a few houses, such as would be found at a new town of the smaller dimensions. A warehouse on the bank of the river afforded a court house, and the house of Mr. Leavell afforded us a hotel yet the term there was attended with interest and pleasure. Frequently the cases tried were of a highly interesting character-creating considerable excite- ment. Many lawyers were frequently congregated there from various parts of Ohio-sometimes Judge Ewing and a Mr. Cooper, from Fort Wayne. At those times our social meetings were often animated and highly interesting. Judge Lane, so distin guished for his learning and intelligence, and who afterward became one of the oldest of the distin- guished Judges of the Supreme Court of Ohio, and forms a brilliant figure in its judicial his- tory, would be our leader in learning, science and literature; Gage, in anecdotes, jokes and eccentricities; and all would contribute what to any country or society would render the gathering marked and highly interesting. Nor was the jour- ney devoid of many interesting incidents; among which is that of Gage getting a man at Prairie Dam- asque so far entangled in the meshes of the law, as to secure him under the promise of professional as- sistance to engage to take us up the Defiance in a


canoe by water. Our horses were left at the Prairie and we were relieved by a voyage instead of a ride. When we arrived at Defiance, Gage made a new en- gagement with his client, that, in case he should clear him from his legal restraints, he should take us all back again to the prairie at the end of the term. Gage soon procured a writ of habeas corpus, upon which his client was released; and a's a compensation for which we were taken back by water, and Gage had a long standing credit of killing two birds with one stone-engaging the man to take us up by getting him into difficulty and then to take us back again by getting him out. In return from court at Defiance one spring, Gage and myself came down the river in a canoe. The river was extremely high at that time, and we made our way down rapidly and pleasantly until we were below Roche de Boeuf. So far we had passed the dangers of the rapids without difficulty; but when we were near the island, opposite Water- ville, a person on the south shore, near which we were keeping and intended to keep, called out to us as though he intended to give us some important in- structions, which we took to 'keep close to the is- land,' but it possibly may have been as we intended to do, to keep close to the shore. The river was high, and the rolling surges of the water on the rapids just below the island was truly terrific. It was much more like the frightful waves of the ocean in a boisterous storm than anything else it can be com- pared to. In accordance with what we took to be the directions of the stranger, we turned our canoe to- ward the island, along the shore of which we passed forward without difficulty. But immediately upon leaving the foot of the island, we found ourselves in a frail canoe in the midst of the frightful waves and breakers of the rapids, and by them tossed so that it seemed impossible for us to live a moment. I turned my sight toward Gage and beheld the most fright- ened face I ever saw upon man; and perhaps mine was no better. We immediately made for the shore again and our perils were soon over. It was indeed the most providential escape from the most immi- nent danger. I have seen many perils, but I look upon that moment as the most critical of my whole life."




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