History of Greene County, together with historic notes on the northwest and the state of Ohio, Part 23

Author: R. S. Dills
Publication date: 1881
Publisher:
Number of Pages: 1037

USA > Ohio > Greene County > History of Greene County, together with historic notes on the northwest and the state of Ohio > Part 23

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JAILS.

was situated near the north end of the public square, on the ground that was subsequently occupied by a market house. It was built by William A. Beatty, finished by him, and accepted by the commis- sioners on the 18th day of October, 1809.

This jail was burned sometime between the 20th day of July, 1813, and the 13th of September of the same year. On the 20th of July the record says: "The commissioners viewed the public jail, and reported it in as good condition as the situation of the place would admit;" and on the 13th of September the commis- sioners met to " sell the building of a prison," and "the building of a stone prison was sold to James Miller," the lowest bidder, at $1,084. It was located in the middle part of the public square, north of the first court house, its west end in a line with the east end of the court house. Its length was east and west. This was the fourth jail. It was completed and accepted by the commissioners on the 16th day of December, 1815. Its builder, James Miller, was a Scotchman, who came to this country when quite a young man. A few years later his father, whom he had left in Scotland, followed him. By many letters received from young Miller, containing full descriptions of the state, county, and neighborhood, the old gentle- man had become so familiar with it, that he began to realize that everybody in America must know his " wee Jamie" and his locality as well as he. Accordingly, on his arrival in Philadelphia, and from that point to Clark's Run, in Greene County, he was accus- tomed to ask many whom he met, with his Scotch accent: "Do ye ken one Jamie Miller, the stone mason, who lives on Clark's Run, Greene County, in the State of Ohio?" But by the time that the old gentleman had arrived in Greene County, he had found that his son "Jamie" was better known here, and in Scotland, than at any intermediate point.

This fourth jail was used as a prison until the year 1836, when it gave place to the fifth one, that was built a little north of it. This stone prison, and the one which followed it, had especial apartments for debtors; for in those times men were imprisoned for debt. Sometimes the debtor was not so poor but that he could carpet his small room in the jail, and live quite comfortably.

On the 2d day of September, 1834, the commissioners gave the contract for building a new jail to Daniel Lewis, at a cost of $4,600. It was a brick structure, two stories high, and was located on the public square, its east end on Greene Street, and about 210 feet

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HISTORY OF GREENE COUNTY.

north of Main. It extended north 40 feet, and west 44 feet. It was completed and accepted June 10, 1836. Ryan Gowdy, T. G. Bates, and John Fudge were then commissioners. The north end of the jail ranged with the north line of James Collier's house, on said public ground. It pointed north.

The present jail, with the residence of the sheriff, was built in 1860, during the commissionership of John Fudge, A. H. Baugh- man, and Robert Jackson. It is located on the corner of Market and Whiteman streets. The contract of building it was awarded to John Scott, at a cost of $7,340. It was received by the commission- ers, and put under the control of the sheriff, on the 8th day of December, 1860. This is the sixth prison that has been built by the county for that special purpose, and, counting the block-house jail on Beaver Creek, it is the seventh prison that Greene County has furnished for her criminals in her history of seventy-seven years.

COURT HOUSES.

The first court house in Greene County, the house of Peter Bor- ders in Beaver Creek, was erected by Gen. Benjamin Whiteman, probably some time prior to 1800. It was the cradle of Greene County's judicial history. The second court house, the double log house of William A. Beatty was built some time during the year 1804. The building of the third court house, or more properly the first one erected for that especial purpose ; in the language of the record "was offered for sale and bid off by William Kendall for $3.396" on the 6th day of January, 1806, during the commissioner- ship of James Snoden, John McClain and David Huston. The first and second jails had already been built on the public square ; and yet a portion of the ground, ("two lots," the record says,) was still covered with forest trees, and William Kendall was allowed six dollars for clearing off the timber. This first court house, proper was built of brick. It was forty feet square and twenty-eight feet high. The cupola in the center of the roof, at first designed to be ten feet in diameter and fifteen feet high, was made twenty-five feet high. It was built on the south side of the square, sixty-two feet back from "Chillicothe" (Main) Street. The principal entrance was on Main Street. At first it had a door on the west side toward Detroit Street, but this door was filled in with brick before the completion of the house. On Saturday, July 1, 1809, the commis-

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COURT, HOUSES.

sioners, not entirely satisfied with the work on the court house, appointed James Miller and Matthew Dinsmore, disinterested parties, with power to choose a third, to examine the work. These reported the plastering improperly done, but on the 14th of August the commissioners settled with Kendall, and accepted the building; for although some parts had not been completed according to con- tract, yet others had been done better than the agreement required.

The first court in this building was the Court of Common Pleas, held on the 26th day of September, 1809; Francis Dunlevy, presiding judge, and associate judges James Barrett, David Huston, and James Snoden. At this court were granted letters of administra- tion on the estate of William Maxwell, deceased, one of the first three associate judges in the county.

On the 9th day of October, 1841, sealed proposals for the build- ing of the old part of the present court house were examined, and those of John M. Roder and William C. Robinson, for the stone and brick work, were accepted at $4,864; that of A. E. Turnbull, for the carpenter work and finishing, including the plastering of the building and the fire-proof offices, was accepted. The old court house was sold for $199, and ordered to be removed on or before the first of March, 1842. The stone columns, erected by another party, at a cost of $458.66, were accepted August 3, 1843. The court house was completed and accepted November 24, 1843. The bell cost $200, and the town clock $100. In 1875 the last improvements were added, at an expense of $19,000. These im- provements were completed and the work accepted, in January, 1876.

On the 4th day of June, 1814, the commissioners resolved to build a public office for the Clerk of the Court of Common Pleas, and for the commissioners. On the 4th of July, following, a con- tract was made with David Douglass for building it, at a cost of $749.50. It was completed, and accepted by the commissioners September 4, 1815. It was a small, one story building, situated on the public square, about fifty feet north of Main Street, and about half way between the present east line of the court house and Greene Street. A " piazza " to this office was built by John Har- bison in 1820.

On the 1st day of May, 1832, a contract was entered into with Daniel Lewis, for building the " public offices." This building was two stories high, constructed of brick, and was situated in front of

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HISTORY OF GREENE COUNTY.

the last-named office, east of the court house, its front line, or wall, on the line of Main Street. It was 63 feet long, and 22 feet wide, its length east and west, its east end 22} feet from the west line of Greene Street. It contained six rooms, and was built by Daniel Lewis, John H. Edsal, Henry Barns, and John Barns, at a cost of $2,100. On the lower floor, the west room was assigned by the com- missioners to the clerk of the Court of Common Pleas, the middle room to the auditor, and the east room to the treasurer. On the second floor, the west room was assigned to the clerk of the Supreme Court, the middle room to the recorder, and the east room to the sheriff. Soon after the erection of this building, the clerk and com- missioners' office in its rear was removed. These "public offices" were demolished in 1842, about the time that the old court house was cleared away to give room for the new court house, erected during that and the following year. During the time that the new court house was in process of erection, courts were held in the " Radical Church," on Church Street. It was in this church, at a certain term of the Court of Common Pleas, that Ohio's most elo- quent son, Tom Corwin, the wagon boy, in a slander case, made one of his most impressive and telling speeches. He held the court, jury, officers, and citizens, who crowded the court room, now in tears, and now in almost uncontrollable laughter.

These, the several jails, and several court houses and public offices, have been the only buildings erected by the county in its history of seventy-seven years, except the infirmaries, or poor houses, which are described in another place. Nothing more need be said of them here, than that the land on which they are located, 104 41-100 acres, was purchased by the county from Samuel Crumbaugh, June 6, 1828, for $700, and on the 26th of the same month a contract was entered into with George W. Stipp, for building the first poor house, at a cost of $490.50. It was a building one story high, 8 feet between floors, 60 feet long, and 16 feet wide. It was situated just west of what is now called the " old building." George Townsley, William McKnight, and George Galloway were, on this day, appointed by the commissioners directors of the poor house. Two years later (1830) a spring house and smoke house were built, at a cost of $54.50. These buildings were finished and accepted August 31, 1830.

The fathers and conservators of Greene County's public interests were honest and certainly very economical men. It was their aim to turn every thing to the best account ; they could not see any es-

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COURT HOUSES.

pecial value in a large public square-a large unoccupied ground in which trees might grow, in whose shade idlers might squander valu- able time. They thought, and said, that if a portion of the public ground-the public square-could be sold, and buildings erected thereon, it would bring a fund into the county treasury and enhance the value of the part unsold. While one is led to inquire of what especial benefit to the county the enhanced value land would be, when such land was never to be sold, still he is inclined to approve the-motive that prompts action in that direction unless he finds some selfishness at the base. But the commissioners thinking that Greene County in its public square, donated to it by John Paul, had more ground than it needed, resolved, that part of it should be sold. Therefore, on the 4th day of January, 1817, they met for the purpose of surveying, and marking the different lots in the public square, and to make preparations for their sale agreeably to an order of court. Samuel Gamble and John Haines, commissioners, were pre- sent. Thomas Hunter, the third commissioner, was absent. William A. Beatty was at that time director of the town of Xenia. He was authorized and required to sell a portion of the public square. It is not important to describe minutely the portions to be sold, and that were actually sold. They were five lots in all. One in the south- east corner, 57 feet on Main Street and 165 on Greene, or rather in- cluding Greene Street for this street was not yet open. The other four lots were on Detroit, Market, (then called Third Street,) and the northern end of what is now Greene Street, beginning at a point on Detroit Street, 165 feet south of the northwest corner of the public square, the outer lines of the lots extended thence northerly to Market or Third Street, thence casterly to the east line of what is now Greene Street, thence southerly on that line 165 feet. On Detroit Street the two lots were 66 feet deep; on Market the lot was 104} feet deep, and the northeast corner lot was 67 feet on Market Street. These lots were offered at public sale and sold to the highest bidder; and on the 14th day of February in the same year, Beatty, who had the matter in charge, put into the hands of the commissioners, promissory notes to the value of $3.253.00 the amount for which the lots sold. These notes were put into the hands of the treasurer for collection, but the notes were never col- lected. They remained in the keeping of the treasurer until a decision of the Supreme Court at its May term, in 1821. When, according to a decree of said court, their notes were returned to the parties who

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HISTORY OF GREENE COUNTY.

had made, or supposed they had made, the purchase of the lots. But if none of this large tract of land embraced in the public square could be sold, some of it must be loaned ; the county must receive some profit from it. Accordingly on the 8th day of June, 1827 the commissioners loaned to A. M. Miller and James Collier a lot in Detroit Street, the northwest corner of which was 225 feet north of Main Street. It extended thence southerly 48 feet on Detroit Street. It extended back from Detroit Street 30 feet. Miller and Collier erected on it what was called "a law and physic office." They were to keep this in good repair, and on the 8th of June, 1842, the county was to become the owner of the building. On the 1st of September of the same year, a second lot south of this, and adjoin- ing it, extending 40 feet on Detroit Street, and 30 feet back, was loaned to James B. Gardner for the purpose of erecting thereon, a printing office, or "as he may think proper, offices of law and physic," on the same conditions as the first. The first building erect- ed by this party was to revert to the county, September 1, 1842. In one of these buildings Samuel Puterbaugh carried on mercantile busi- ness, with James Allison as his clerk. Here, also, John Moore con- ducted the tailoring business for several years. North of these lots, and in a line with them, was the first fire engine house in Xenia; and the entire north end of the public square-a strip 58 feet wide -was cut off and appropriated as a market space, on which a market house was erected by the town of Xenia. From this market house Market Street received its name. It was originally called " Third Street."

The next and last economical move on the part of the county commissioners, began on the 21st day of March, 1835. "The com- missioners having taken into consideration the situation of the lots known as the public square in Xenia, and having ascertained that there is a large surplus after providing sufficient space for all build- ings necessary for county purposes, upon mature deliberation, have determined that the said surplus ground shall, as soon as practicable, be leased to individuals for a term of time not exceeding ninety-nine years, under such restrictions as shall, in their opinion, be deemed necessary to secure and advance the best interests of the county. With this view, they have ordered a survey of the ground, and a plat to be made, which is as follows:" The plat which appears on the commissioners' record of this date, March 21, 1835, may be de- scribed as follows: On the north end of the public square, on Mar-

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GREENE STREET.

ket Street, between Detroit and Greene streets, a strip 58 feet wide was cut off for market space. This has been referred to before. South of this was described a lot 170 feet long, on Detroit Street, and 40 feet wide, including the engine house and the two leased lots above mentioned. In the southwest corner of the public square, a lot 80 feet square-that is, 80 feet on Detroit, and 80 feet on Main-was appropriated to the court house. East of this was the lot occupied by the public offices, 63 feet on Main Street, and 40 feet deep. East of this, occupying the southeast corner of the square, was a lot 22} feet on Main, and 68 feet on Greene Street. North of this, a lot 100 feet on Greene, and 40 feet deep. North of this was the jail lot, 70 feet square, with an alley 12 feet wide on the west of it, and also north of it, reaching to the market space. It was evidently the intention of the commissioners to lease three lots. First, the lot at the corner of Main and Greene streets, 68 by 22} feet; second, the lot north of this, on Greene Street, 100 by 40 feet; third, the lot on Detroit Street, 170 by 40 feet. The commis- sioners proposed to lease these lots for a period of ninety-nine years, obligating the lessees to erect on them certain described buildings, and for the first twenty years pay such annual rent as they, on the day of sale, should agree upon; and at the end of each twenty years disinterested parties were to be appointed to re-value the an- nual rent. But one lot was offered for rental, namely, the lot at the corner of Main and Greene streets, 68 feet long and 22} feet wide. It was offered at public auction on the 25th day of May, 1835. "And there being no bidder, therefore the court adjourned.

"RYAN GOWDY, Commissioner."

Here the matter dropped, and to-day the public square remains intact, as it was intended to be by its donor, John Paul.

GREENE STREET.

Greene Street was laid out and declared a street, and named Greene, on the 20th day of March, 1835. James Gowdy and a Mrs. Williams owned the lots adjoining it on the east, between Main and Market, and in consideration that the county would keep the street open perpetually, he, on the 21st day of March, 1835, donated to the county the sum of $300. It was expressly understood "that, if said strip of ground, at any time hereafter, be closed, or converted to any other use than that of a public street or alley, then the above

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HISTORY OF GREENE COUNTY.

sum of $300 is to be returned to me or my heirs, without interest or damage to the county. In witness whereof, I have hereunto set my hand, this 21st day of March, 1835.

"JAMES GOWDY."

" Witness :

"W. RICHARDS."

The following statements of fact, gleaned from the commissioners' record, which contains an account of their transactions from the year 1824 to 1835, inclusive, though not a connected history, are in- teresting, as showing, to some extent, the spirit of the times:

BROKEN BANK NOTES IN THE COUNTY TREASURY.

Clarke County, as has been stated, was organized, in 1818, out of the territory of Champaign and Greene. Before its organization, the inhabitants of Clarke County territory had paid taxes into Greene County treasury, and on the 1st day of March, 1818, Greene County was debtor to Clarke a certain sum, the amount of which was not definitely determined and agreed upon until the 28th day of April, 1820, when, on the order of the Court of Common Pleas, the commissioners of Greene paid to the commissioners of Clarke $561, "including $56 in Wooster Bank notes." Wooster Bank had gone down, as banks in those days were in the habit of doing, and a quantity of the worthless money was in the county treasury, and $56 were assigned to Clarke County, as its share of the loss.

UNCURRENT MONEY.

On the 6th day of August, 1821, the commissioners contracted with Thomas Gillespie to make certain repairs on the court house, for which they agreed to pay him $24, "nineteen dollars of which is in paper, on the Bank of Cincinnati." How much this $19 in paper was worth, we are not informed. It was, however, uncurrent.

RENTING A STOVE.

It was the second day of bleak December, 1822. There was no prisoner for debt in the debtor's room, but there was a stove there to warm any of God's poor, if they should be thrown in; and the commissioners, with an eye to economy, and to the turning of every-

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EXEMPT FROM TAXATION.

thing to the public good, rented this stove to John MePherson, for seventy-five cents a month, "to be returned at any time, on the order of the joiherr, after a sufficient time being allowed for it to get cool."

EXEMPT FROM TAXATION.

Wednesday, April 19, 1820, the commissioners declared that for the year 1820 town and country buildings should not be taxed for any county purpose.

PAVEMENT AROUND THE PUBLIC SQUARE.

December 8, 1824. Commissioners paid the Common Council of the town of Xenia $40, for setting curb stone and making a gravel pavement around the square. This was the first pavement. On the 14th of June, 1833, the commissioners contracted for laying a brick pavement along Main Street, in front of the court house, for $20.

FIRST AGRICULTURAL SOCIETY.

June 5, 1833. Commissioners gave notice, published three weeks in the "Xenia Free Press," that a meeting would be held at the court house, on the last Friday in June, for the purpose of organ- izing the Greene County Agricultural Society. The society was organized, and on the next year, July 30, 1834, the commissioners paid to the society $30.

FENCING THE PUBLIC SQUARE.

On the 18th of April, 1816, James Galloway, jr., took the con- tract of fencing the public grounds on three sides, viz .: On Chilli- cothe Street (Main), Detroit, and Third Street (Market), for $170. Seven years later, July 12, 1823, this fence was sold to George Townsley for $8, and Alexander Gowdy was employed to build a new fence, at a cost of $157. It was a close fence, made of oak boards, in a horizontal position, and mulberry posts. The entrance ways to the grounds were, at first, gates, but some years before the fence was removed, June 8, 1833, the gates gave place to stiles.

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HISTORY OF GREENE COUNTY.

Persons entered the old court house from Main Street over a stile in front.

FIRST MAPS OF SURVEYS.

The first maps of surveys in the county were made in 1825. On the 9th day of June, 1825, Moses Collier was paid $36.85 for making a map of the United States lands in Greene County, and for making surveys to enable James Galloway, jr., to make a map of military land. This map of the military survey was burned with the effects of Washington Galloway, on the night before the presidential election in 1856.

TAXING LAWYERS AND PHYSICIANS.

On the 11th day of June, 1830, " the commissioners and auditor proceeded to estimate the annual income of the practicing lawyers and physicians, and to charge a tax upon each; which tax as charged is attached to their respective names on the lists returned by the assessor to the auditor."

IMPRISONMENT FOR DEBT.

It has been already stated more than once, that the law of the olden time imprisoned for debt. Some debtors had the liberty of the jail yard; some the liberty to go anywhere in the county, but not beyond its bounds; others were confined to the debtor's room. When it appeared that a debtor was insolvent, and could not, by any possibility, pay his debts, his case was brought before the com- missioners, who discharged the debtor, and paid out of the county fund the expense of his board. On many a page of the record of these times we find an account of such examination and release. On the 5th of March, 1828, a release of a different kind occurred. The following is the minute in the commissioners' record, viz .:

"It appearing to the board that Henry Hobbs, who was commit- ted to the jail of this county on an execution in favor of S. P. Frazier, for the sum of $3.25, and 572 cents, has made his escape from said jail; and being satisfied that it was not through the neg- ligence of James A. Scott, sheriff, they do, therefore, order that said

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POLITICS IN GREENE COUNTY.

James A. Scott be paid, out of the county treasury, five dollars and two and a half cente."

Accounts in those times were not kept in the decimal denomina- , tions. No one bought or sold anything for dime or half dime. Costs were not assessed in decimal currency. The five-penny-bit, or shorter, fip-penny-bit, or still shorter, the fip, in value six and a fourth cents, and the eleven-penny bit, by some called the levy, a bit valued at twelve and a half cents, were well known; also, the half-cent coin was then in circulation, and this kind of currency accounts for the above-named sums, 572 cents, 22 cents.

POLITICS IN GREENE COUNTY.

Political party lines were not rigidly drawn in this county until the election of John Quincy Adams to the presidency, in 1824. In 1804 Ohio cast its first vote for president. It was cast for Jefferson, aiding to elect him to the presidency for his second term. Greene County supported the administrations of Madison and Monroe, but in 1824 she had voted for Henry Clay. In the House of Representatives, Adams received the support of Clay, and was elected. On receipt of the news of Adams' election there was great rejoicing on the part of the Adams men, the Whigs. All the private houses of the Whigs in Xenia were illuminated; also the court house. The Democrats had no especial complaint to make against private illuminations, but holding a brief caucus they resolved that the public buildings should not be used for such par- tisan purposes. Accordingly they entered the court house in the absence of the Whigs and extinguished the lights. When the Whigs returned the Democrats held the castle in darkness. A general and severe fight followed, in which many of the most re- spectable citizens engaged. Among them were Dr. Joshua Martin, Maj. James Galloway, Silas Roberts, Benjamin Eyler, Henry Barnes, and others. It is not to be presumed that these, and others with them, in either party, were members of any temperance or- ganization. In those days respectable men and good citizens drank " good" liquor, and in vindicating patriotic resolves they would sometimes "stand on their muscle," or fall in the affray In these " degenerate days" good men generally don't drink much " bad whisky," and fights for the most part are confined to the lowest strata of humanity.

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History of Greene County, together with historic notes on the northwest and the state of Ohio, Part 23

Author: R. S. Dills Publication date: 1881 Publisher: Number of Pages: 1037

Author: R. S. Dills
Publication date: 1881
Publisher:
Number of Pages: 1037