USA > Ohio > Henry County > History of Henry and Fulton counties, Ohio : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 42
USA > Ohio > Fulton County > History of Henry and Fulton counties, Ohio : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 42
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87
382
HISTORY OF HENRY AND FULTON COUNTIES.
marches through Yarman's Gap, and on the 30th of August arrived at Mont- gomery. On the 2d of September it forded the Big Emory River and arrived at Loudon, Tenn., on the Tennessee River, on the 4th, where it remained un- til the '14th of November, where it took part in the movement on New Market, to check the rebel advance from Virginia. It also took part in numerous marches, scouts and skirmishes along the Tennessee and Holston Rivers. On the 22d of October General Longstreet appeared with his army in front of Loudon, and skirmishing began and was constantly kept up, between the divis- ion to which the One Hundred and Eleventh belonged, and the rebel advance. On the 14th of October reinforcements met the division at Lenoir, and the Second Brigade was ordered to Huff's Ferry, three miles below Loudon, to. contest the crossing of Longstreet's troops. The roads were almost impassa- ble, and it was dark before the Ferry was reached. On a high bluff, about a mile from the river, a brigade of rebels were encountered ; the Second Brigade were immediately formed in single line and made a successful charge; the enemy was driven back with considerable loss, the One Hundred and Eleventh having but few wounded, as it was on the right flank and partly under cover of a dense woods. The brigade stood to arms all night in a pelting rain. At daylight the division fell back, the One Hundred and Eleventh covering the retreat. At Loudon Creek a lively skirmish took place between the regiment and the Sixth South Carolina Sharpshooters of Longstreet's Division. The rebels were held in check until Henshaw's Illinois Battery was moved up the hill above the creek. In this engagement the One Hundred and Eleventh lost four killed and twelve wounded. The command then marched rapidly to Le- noir, and, during the night, destroyed all its camp and garrison equipage, and on the morning of the 16th, at three o'clock, it marched in the direction of Knoxville. On this morning Lieutenant Omer P. Norris, with fifty-two men, of Company B, of the regiment, were captured by the rebels while on picket. Of these fifty-two, thirty-six were starved to death in Anderson prison. At Campbell Station General Burnside concluded to halt the command and give battle to General Longstreet, in order to impede the progress of the enemy until the fortifications around Knoxville could be completed. In this engage- ment the One Hundred and Eleventh were in the front line, immediately in front of two rebel batteries, where, for six hours, it was exposed to the shells of the enemy ; yet it lost but eight men in killed and wounded, as the enemy's shells mostly fell in rear of the line. That night the regiment marched into Knoxville, having been three days without sleep, food or rest, and having been engaged in three separate fights. It occupied Fort College Hill during the siege of Knoxville, and had six men killed and wounded. After the retreat of Longstreet the regiment was in the skirmishes at Blain's Cross Roads, Danville and Strawberry Plains, and when General Schofield fell back a second time on Knoxville, the regiment occupied an outpost seven miles from the city. In
383
FULTON COUNTY.
protecting the crossing of the Second Division, at Strawberry Plains, on the 2 Ist of January, 1864, the regiment had one man killed. On the 9th of Feb- ruary, 1864, General Schofield arrived at Knoxville, and assumed command of the department. On the 14th of March the regiment marched to Morristown, East Tenn.
On the following day it was on the picket line and had a lively skirmish with the enemy's cavalry. The regiment was then ordered back to Mossy Creek, where it remained until April 20, when it was sent to Charleston, on the Hiawassa River about one hundred miles distant, which march it accomplished in four days, arriving at Charleston on the last day of April. From here it marched to Red Clay, Ga. At this point a junction was formed between the left wing of General Sherman's army and the army of the Ohio, prepara- tory to starting on the Atlanta campaign. On the 7th of May the regiment marched to Tunnel Hill, and on the 8th skirmished into position in front of Buzzard's Roost, and on the 9th an advance was made on Rocky Face Moun- tain. The regiment being on the advance line of skirmishers, in the short dis- tance of three-fourths of a mile, it lost nine men in killed and wounded. On the 9th it marched through Snake Creek Gap, and halted in front of Resaca. On the 16th it charged the enemy's work but was unsuccessful for want of ar- tillery support. Here the regiment lost heavily ; out of the seven companies engaged the One Hundred and Eleventh lost seven killed and thirty wounded.
In the second day's fight at Resaca, the regiment being in the supporting column, was not injured and after an unsuccessful night attack by the rebels, they evacuated the place. On the 16th, while the One Hundred and Elev- enth were in pursuit, they had a lively skirmish with the rebel cavalry and cap- tured six prisoners. On the 27th while a rebel brigade was making an ad- vance on the Union lines, the One Hundred and Eleventh was ordered out on the double quick and charged and broke the rebel lines. In this charge the regiment lost fifteen men in killed and wounded. It took an active part in the whole campaign against Atlanta. It was engaged in the siege of Kenesaw, the battles of Pine Mountain, Lost Mountain, Dallas, on the Chattahoochie River near Nicojack Creek, Decatur, Peachtree Creek, and in the siege of Atlanta, and the skirmishes at Rough and Ready, Lovejoy's Station, and Utoy Creek. When it started on the Atlanta campaign it had three hundred and eighty cf- fective men, and of this number it lost in killed and wounded two hundred and twelve. On the 8th of September the regiment went into camp at Decatur, Ga., where it remained until the 4th of October, when the movement against Hood's forces commenced.
During the stay of the regiment at Decatur, it made a reconnoissance to Stone Mountain, where it had a fight with rebel cavalry and lost a few men. It marched next to Allatoona Pass, eighteen miles from Chattanooga, where the twenty-third corps was ordered into Alabama in pursuit of General Hood's
384
HISTORY OF HENRY AND FULTON COUNTIES.
army. At Cedar Bluffs on the Coosa River, in a skirmish with the rebel cav- alry, one officer and three men of the One Hundred and Eleventh were cap- tured while on picket. At Rome, Ga, the regiment had a brisk skirmish with the rebels. It reached Resaca on the evening of the first of Novem- ber, 1864, and from there the regiment went to Jonesville, on the Tennes- see River, to protect the place from a threatened rebel raid. It left Jonesville on the 20th of November, and moved by rail to Columbia, Tenn., and assisted in checking General Hood's advance on Nashville. It was in the skirmishes in and about Columbia, and was rear guard at the fording of Duck River, while the army under General Thomas fell back on Franklin. The regiment was twice attacked while guarding the wagon train to Franklin, each time re- pulsing the enemy. That night it marched, by the outposts of General Hood's army in bringing up the rear. It reached Franklin on the morning of the 30th of November, and was immediately placed in the front line of the works, on the left flank of the second division. Twenty-third army corps, to the right of the turnpike, and in that fight the regiment that day lost twenty-two men killed and forty wounded, out of a total of one hundred and eighty men en- gaged. Many men on both sides were killed by bayonet thrusts. The con- test was so close that, at one time, the flag of the One Hundred and Eleventh was snatched from the hands of the color sergeant by a rebel, who was instant- ly killed and the flag recovered. During the charge the troops on the imme- diate left of the One Hundred and Eleventh fell back, and the rebels on this part of the line for some time poured an enfilading fire along the line of the second brigade. Owing to the loss of officers in this and former actions, it became necessary to make a detail from other regiments to command the companies. On the morning of the Ist of December, the One Hundred and Eleventh again entered Nashville and was immediately placed in the line of defenses, and was severely engaged in both days of the fight before Nashville. It captured three rebel battle-flags, and a large number of prisoners in the second day's fight. Its loss was seven killed and fifteen wounded. After the fight the regiment was sent in pursuit of General Hood, and on the 17th of January, 1865, it took transports at Clifton, Tenn., to make the campaign in North Carolina. It passed through Cincinnati and Columbus, O., on the 23d and arrived in Washington, D. C., on the 31st. It embarked at Alexandria on an ocean steamer for Fort Fisher, where it joined the army under General Terry, and was actively engaged in the capture of Fort Anderson, and in the skir- mish at Mosby's Hall and Goldsboro. After the surrender of General Johnson the regiment was sent to Salisbury, North Carolina, doing garrison duty there until ordered home for muster out. It arrived at Cleveland, O., July 5, 1865.
The regiment had one thousand and fifty men at muster in. It received eighty-five recruits. Of the command two hundred were discharged for disa- bility, disease and wounds; two hundred died of disease while in the service
385
FULTON COUNTY.
two hundred and fifty-two were killed in battle, or died of wounds, and four hundred and one were mustered out.
The One Hundred and Eleventh Regiment probably was as well drilled as any in the Union army, and did as much hard marching, skirmishing, and severe fighting as any other, and received as much praise from its superior offi- cers for its gallantry and obedience to orders. It was always ably commanded. It went out in the fall of 1862, under command of Major M. R. Brailey, who remained in charge during the fall campaign, thoroughly disciplining and drill- ing the men. In December, Colonel John R. Bond arrived at Bowling Green, Ky., and took the command. Major Brailey was promoted to lieutenant-colo- nel in January, 1863, and Lieutenant I. R. Sherwood was made major of the regiment. Colonel Bond was an excellent military officer, and commanded the regiment with marked ability, but he was absent a large share of the time, and the command devolved on Lieutenant-Colonel Brailey, until January, 1864, at which time he was ordered discharged at the officer's hospital in Cincinnati, on account of abscess of the lungs and other disabilities, and Major Sherwood was promoted to lieutenant-colonel. Colonel Bond having been mustered out of the service in the spring of 1864, Lieutenant-Colonel Sherwood was promoted to colonel, and ably commanded the One Hundred and Eleventh to the close of the war. Colonel Brailey and Colonel Sherwood were both promoted to the rank of brevet-brigadier-general for bravery and meritorious service. This regiment had sixty-two men from Fulton county including recruits.
THE ONE HUNDRED AND THIRTIETH INFANTRY.
This regiment, First Regiment Ohio National Guards, one hundred days service, was raised in Lucas and Fulton counties, and was organized during the early part of May, 1864. Fulton county reported with three full companies, but there being eleven companies already reported, one of them from Fulton county was broken up and distributed among the other companies of the regi- ment, filling those companies nearly to the maximum number. The regiment reported to General C. W. Hill, at Sandusky, and after muster-in, was ordered to Johnson's Island, in Sandusky Bay, to guard the rebel prisoners confined there. While the One Hundred and Thirtieth was on the island, the prisoners attempted to escape by tunneling out, but their plans were discovered in time to prevent the act. On the 4th of June the regiment received orders for re- moval, and soon after crossed the bay and took the cars for Washington, D. C. At Belair, the State arms, with which the regiment had been supplied, were turned over, and the command given such as used by other military organiza- tions in active service. The regiment then proceeded to Washington, where it remained three days, when it was ordered to report to General Butler, at Ber- muda Hundred. It was ordered by General Butler to Point of Rocks, on the Appomattox. The rebels being in close proximity to that place, and threat-
49
386
HISTORY OF HENRY AND FULTON COUNTIES.
ening an attack, the regiment was left under arms for several days. After the enemy had left that place the command returned to Bermuda Hundred, and went into camp near General Butler's signal tower, on the left of the line of entrenchments, where it was employed in digging rifle-pits, and picketing. The brigade consisted of the One Hundred and Thirtieth, One Hundred and Thirty-second, One Hundredth, One Hundred and Thirty-fourth, One Hundred and Forty-second, and One Hundred and Forty-eighth Ohio, it being the Sec- ond Brigade, Third Division, Tenth Army Corps. On the 22d of June the brig- ade had a sharp skirmish with the rebel pickets, in which the One Hundred and Thirtieth had one man severely wounded. On the IIth of August the regiment went in transports to Fort Powhattan, where it remained on guard duty until it was ordered to be mustered out. On the 7th of September the regiment embarked on the steamer Keyport, and passed down the James River. During the passage a severe squall struck the steamer, and a serious disaster was barely averted. On arriving at Washington, the regiment took cars for Toledo, Ohio, where it was paid off, and mustered out of service. Fulton county furnished two hundred and fifty-one men for the One Hundred and Thirtieth Regiment.
THE ONE HUNDRED AND EIGHTY-SECOND INFANTRY-ONE YEAR SERVICE.
This was a one year regiment, and was recruited from different parts of the State, Fulton, Henry, Williams, Lucas and Wood counties contributing five companies. These five companies went by rail to Camp Chase, near Col- umbus, O., where five other companies, made up of different squads from all parts of the State, were added, making a full regiment, which, on the 28th of October, 1864, was mustered into the service of the United States. On the Ist of November the regiment proceeded, under orders, to Nashville, Tenn., where it joined General Thomas's forces. For the next few weeks it was en- gaged in drilling, standing guard, and doing out-post duty. In the early part of December General Hood, with his rebel army, made his appearance before Nashville, and invested that place. The regiment was actively engaged both days in the battle of Nashville, and afterward remained in Nashville, doing duty until the 7th of July, 1865, when it was mustered out of the service, and sent to Camp Chase, O., where, on the 13th, it was paid off and discharged. Fulton county furnished sixty-one men for this regiment, forty-five for Com- pany B, and sixteen for Company K.
THE FORTY-FOURTH ILLINOIS INFANTRY-FULTON COUNTY'S CONTINGENT THEREIN.
This county furnished one entire company for this regiment (Company D), commanded by Captain E. L. Hayes ; first lieutenant, Jacob Hoffmire ; second
387
FULTON COUNTY.
lieutenant, Jacob Fashbaugh. The regiment was raised in Illinois, Ohio, Indi- ana, and some other of the Western States, and was to be called the North- western Sharp-shooters, but as the officers from other States were commis- sioned by the governor of Illinois, they came under the control of that State, and despite the agreement that the regiment should be known as the First Regiment Northwestern Sharpshooters, it was mustered into the United States service as the Forty-fourth Illinois Infantry, and served as such during the war. Captain Hayes and others made strenuous opposition, but without avail. Many of the officers were put under arrest on account of their opposition to being forced to go into an organization for which they did not volunteer, and for the first year and a half after the regiment entered the service, there was a continual quarrel and dispute between the officers and men representing the different States. It, however, quieted down to some extent, and the regiment for the last two years of the war did efficient service. At the muster in of the regiment Company D had ninety-seven men, including officers, and during the war it received twenty-seven recruits from Fulton county.
CHAPTER XXXVIII.
THE BENCH AND BAR OF .FULTON COUNTY.
0 N the 28th day of February, 1850, the act creating the county of Fulton passed the General Assembly of Ohio, and immediately thereafter became a law. After setting forth and stating the boundaries and description of the newly created county, the Act contained among other provisions, which it is unnecessary to mention here, the following: "That all suits, whether of a civil or a criminal nature, which shall be pending within those parts of the counties of Lucas, Henry and Williams, so set off and erected into a new county, previous to the first Monday in April, 1850, shall be prosecuted to final judgment and execution within the said counties of Lucas, Henry and Williams, respectively in the same manner as though the said county of Ful- ton had not been erected ; 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 there were also embodied in the Act cer- tain other necessary provisions as follows: "That said county of Fulton shall be attached to and made a part of the thirteenth judicial circuit of the State of Ohio, and the Courts of Common Pleas and the Supreme Courts of the county shall be holden at some convenient house in the township of Pike, to be designated by the associate judges of said county until the permanent seat
388
HISTORY OF HENRY AND FULTON COUNTIES.
of justice shall be established within and for said county, and that Laurin Dewey, of Franklin county, Matthias H. Nichols, of Allen county, and John Riley, of Carroll county, be, and the same are hereby appointed commissioners to fix upon and locate the seat of justice of said new county of Fulton, agree- ably to the provisions of the act entitled ' An act for the establishment of seats . of justice.'"
It will occur at once to any one at all familiar with the history of legal practice and procedure in Ohio, that here was quite a fair chance for a com- paratively even start, and in nearly a clear field for the Bench and Bar of the newly created county ; because but little more than three years later than the erection of the county by law, the present code of civil procedure of Ohio went into effect, and with but slight alteration or amendment has subsequently con- tinued, abrogating and sweeping away the technical learning relating to the rules of pleading at common law, and in chancery, but not, however, affecting the underlying principles of the logical or legal statement of those ultimate facts which constitute the cause of action or defense in civil proceedings, and which are called in the phraseology of the law the pleadings, the term, how- ever at common law not comprehending the declaration. Previous to the adoption of the code which went into effect on the first day of July, 1853, the the common law practice, both as to forms and rules of procedure, except in criminal proceedings, it is hardly necessary to state, prevailed in the State of Ohio, and in nearly every State of the Union, and especially as to that portion of it designated and known as pleading, was strict, subtle and quite too fre- quently special. In respect also to the different kinds of actions and the forms thereof it was cumbersome and arbitrary. But, following the example of New York, the pioneer code State, by a few words through the medium of her Leg- islature, and upon the recommendation of the code commissioners, Ohio cleared away the technical rubbish of centuries, and substituted therefor the " one form of action which shall be known as a civil action," as the expression is in the initial words of the act. The forms of pleadings were also defined in a few plain words, and restricted to petition, demurrer, answer and reply ; feigned issues were abolished, and it was enacted that the language of the law should be ordinary and concise so far at least as the pleadings are concerned. This was nearly a revolution in legal procedure, but as revolutions outside of the domain of municipal law are sometimes salutary, so this one within also was, as nearly forty years of experience have amply demonstrated.
The code of civil procedure in Ohio, and the county of Fulton are nearly coeval. Before the inhabitants of the county scarcely realized that they had been organized under a new county government, certainly before all the in- cidents of organization had been settled, the new method of legal procedure had been established, and the code and the county started almost together, and although the fact may not in view of the usual methods of legal study
389
FULTON COUNTY.
and former practice, have been of any special permanent value to the attor- neys who went to the new county to practice, yet the newness of procedure corresponded with the general sense of newness that pervaded everything. Everything was novel because everything was new.
It may not be improper to state here, and mainly for the benefit of the un- professional reader who may be attracted to this chapter on the bench and bar of Fulton county, that the organization and jurisdiction of the courts of Ohio were unaffected by the code, and also to name them, and briefly to outline their distribution of jurisdiction. The Supreme Court, the Circuit, the Common Pleas, the Probate, and the Courts of Justices of the Peace constitute the judicial department of Ohio. There are also a few superior courts, but they are of spe- cial character, and to meet special exigencies, and can hardly be called a part of the general judicial system of the State. The Circuit Court is a recent sub- stitution for the old District Court, and has about the same appellate jurisdic- tion. To employ the terms of the common law, the Supreme Court of Ohio is the highest court in the realm, that is in the Commonwealth, and, as if having the English model in view, has no original jurisdiction, unless the issuing of writs in mandamus and quo warranto may be called that. Its main function is the determination of disputed or unsettled questions of law, upon petition in error, reserved now in the Circuit Court, but formerly in the District Court. The appellate jurisdiction from the Common Pleas, is the Circuit Court. The Common Pleas Court has original jurisdiction in criminal cases, but not exclu- sively so, some minor offenses being assigned to the Probate Court for hearing and determination there, but as to divorce and alimony the jurisdiction of the Common Pleas Court is original and exclusive. Its appellate jurisdiction arises from the Probate Court, from Courts of Justices of the Peace, and in certain cases from the board of county commissioners. The exclusive jurisdiction of the Court of Probate is confined to probate and testamentary matters, administra- tors and guardians, inquests of lunacy, appropriations of private property by corporations, and minor crimes. The civil jurisdiction of justices of the peace is usually confined to their respective townships, but their criminal jurisdiction which is only preliminary, is co-extensive with the county. There are also some special civil cases within their jurisdiction, and they possess some distinctive powers not necessary here to be stated. But the assertion may be ventured that there can be no greater conservator of good order and peace in any community, and especially among a rural people, than an intelligent, thoughtful, honorable justice of the peace.
It is needless to describe the thirteenth judicial circuit to which by the creative act Fulton county was attached, because as a result of the provisions of the State constitution of 1851, that circuit was abolished, and by section twelve of article eleven thereof, Fulton county was made a part of the second subdivision of the third judicial district. Under the constitution of 1802, how-
390
HISTORY OF HENRY AND FULTON COUNTIES.
ever, Courts of Common Pleas consisted of a president judge and not more than three, nor less than two associate judges, and had common law, and chancery jurisdiction " in all such cases as shall be directed by law." Therefore both law and equity were for a brief period administered in Fulton county under the old system ; that is by a president judge, usually a lawyer, assisted by laymen, quite generally justices of the peace, but sometimes having the sole qualifica- tion, or rather recommendation of being politically prominent. The constitu- tion of 1802 provided also for three circuits, and empowered the Legislature after the lapse of five years, if necessary, to increase them, which was accord- ingly done from time to time, until in 1850 there were at least thirteen circuits. It should be noted also, that the Common Pleas judges were all elected by the Legislature, there being about that feature of Ohio's first constitution the strong suggestion of English precedent, to be succeeded, however, by an entirely elective judiciary by the express provisions of the constitution of 1851.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.