History of Licking County, Ohio: Its Past and Present, Part 48

Author: N. N. Hill, Jr.
Publication date: 1881
Publisher:
Number of Pages: 826

USA > Ohio > Licking County > History of Licking County, Ohio: Its Past and Present > Part 48

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"Of live stock, this county contained-horses, eleven thou- sand seven hundred and thirty-three, valued at six hundred and thirty-eight thousand eight hundred and eighty-three dollars ; cattle, twenty-seven thousand nine hundred and ninety-four, valued at five hundred and sixty-five thousand six hundred and seventy-seven dollars ; mules, one hundred and eighty, valued at ten thousand two hundred and ninety dollars ; hogs, thirty-three thousand nine hundred and eighty-nine, valued at ninety-six thousand one hundred and eighty-one dollars; sheep, two hun- dred and nineteen thousand eight hundred and eighty-five, valued at five hundred and thirty-six thousand nine hundred and ninety-one dollars. In the raising of sheep and the pro- duction of wool, this county largely excels; indeed this may be said to be the "banner" wool county in the State. No other county can show a number of sheep equal to the above. Harrison comes the nearest, but falls more than twenty-five thousand short. Regarding the wool product, it was nine hun- dred and seven thousand one hundred and eighty-four pounds, which is more by several hundred thousand pounds than most other counties, and excels Harrison, which stands second-best, by more than one hundred and sixty thousand pounds. The county had five hundred and twenty-two sheep killed by dogs, which is a large number, but less in proportion than some other counties. It is worthy of note that the number of sheep killed by dogs within the State has gradually decreased in the last decade. The destruction of sheep reached its height in 1869, when it appears that fifty-two thousand four hundred and eleven were killed; in 1878 the number was only twenty-four thousand six hundred and eighty-four, or less than half.

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"In horticulture, the county is not behind ; indeed, in many productions of this character, it excels. The number of acres in orchards is six thousand nine hundred and thirty-three ; pro- ducing six hundred and twenty thousand six hundred and forty- two bushels of apples, forty-nine thousand two hundred and

five bushels of peaches, and two thousand and sixteen bushels of pears. Few counties in the State produce in excess of the above figures, the larger majority falling much behind them. The grape and wine production is comparatively good, but this industry is yet evidently in its infancy."

CHAPTER XXXIV. BENCH, BAR, PUBLIC BUILDINGS.

EARLY JUDICIAL MATTERS-FIRST COUNTY OFFICERS-FIRST COURT-WILLIAM WILSON-SAMUEL BANCROFT-JAMES TAYLOR-TIMOTHY ROSE-WILLIAM STANBERRY-B. B, TAYLOR-AMOS H. CAFFEE-CORRINGTON W. SEARLE- SAMUEL L. BROWNING-COLONEL JAMES PARKER-GEORGE H. FLOOD SAMUEL WHITE-DANIEL HUMPHREY- JOSHUA MATHIOT-LUCIUS CASE-ISRAEL DILLE-S. D. KING-PRESENT MEMBERS OF THE BAR-THE COURT HOUSES-LIST OF ARTICLES DEPOSITED IN THE CORNER STONE-THE JAILS-THE OLD MARKET HOUSE-THE INFIRMARY-THE HOME FOR THE FRIENDLESS.

"What ! lie down, and be rode upon rough-shod? No! face and fight, and be at least respected." -Joaquin Miller.

OR judicial and other purposes, the territory F now forming Licking county, belonged to Wash- ington county from 1788 to 1798; from 1798 to 1800 it was part of Ross county, and from 1800 to 1808, a part of Fairfield; since the latter date it has had a separate existence as a county. It will be observed that the county seats have been Mari- etta, Chillicothe, Lancaster and Newark, respec- tively. For eleven years (from 1788 to 1799) the citizens of the county and State were under the first grade of territorial government; from 1799 to 1803, a period of four years, they were under the second grade of territorial government, and from 1803 to the present time, under a State government. Under the first grade of territorial government, this territory had no representation in legislature (there being no legislature,) or Congress; under the second grade there was a legislature, only one branch of which was elected by the peo- ple; and a delegate in congress elected by this legislature, who, however, had not the right to vote on questions before that body. Since 1803, the people of this county, in common with those of other counties, have enjoyed all the rights and privileges of a free and independent people, with representatives in both branches of the legislature, and of Congress, of their own selection.

Prior to 1808, all business connected with the court, was transacted at Chillicothe and Lancaster, but in this year the county of Licking was organ- ized with the following as its first judicial and county officers: William Wilson, president judge of common pleas court; Alexander Holmes, Tim- othy Rose and James Taylor, associate judges: Samuel Bancroft, clerk of court; John Stadden, sheriff; Elias Gilman, treasurer; Archibald Wilson. Elisha Wells and Israel Wells, commissioners: John Stadden, collector of taxes; Elias Gilman, commissioners' clerk ; Archibald Wilson, jr., asses- sor of Licking township; Jeremiah Munson, asses- sor of Granville township.

The first court was held in the house of Levi Hays four miles west of Newark, and two miles east of Granville. There not being room in the house, the grand jury held its inquest under a tree. During the year a board of commissioners consist- ing of James Dunlap, Isaac Cook and James Armstrong, selected Newark as the permanent county seat. At that date this county contained but the two townships above named.

The Newark bar and bench have been honored by many men of talent. Among the first of these was William Wilson, above mentioned as the first president judge. He was a New Englander, educated at Dartmouth college, and settled at Chillicothe as an attorney. He remained on the

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bench until 1823, when he was elected to Congress and served four years, and until his death in 1827.

Alexander Holmes, another of the county's honored officers and pioneers, came here in 1802, from Brooke county, Virginia. He followed sur- veying several years, surveying much in the State for the general government, as well as the larger part of Licking county; he also made the first complete survey of the ancient works in the vicinity of Newark. He held the position of associate judge from 1808 until 1812, and was again elected in 1823, serving until 1828. In this capacity he was upright, intelligent, incorruptible. He was a man of considerable natural ability, and identified himself with the interests and early history of this county.

Samuel Bancroft, the first clerk, afterward be- came associate judge, serving from 1824 to 1845. He was born in Granville, Massachusetts, in 1778; was well educated, and spent the earlier years of his life in teaching. In 1806, he came to this county, settling in Granville township, where, in 1807, he married Miss Clarissa Rose, this being the first marriage solemnized in that township. He was in the war of 1812, as a private soldier, and was surrendered by General Hull. He was a jus- tice of the peace eighteen years; a judge twenty- one years, and was a faithful, efficient officer. He died January 22, 1870, in his ninety-second year; his great longevity being due to his regular and temperate habits of living, rather than his consti- tution or physical strength.

James Taylor was born in Pennsylvania, in 1753, and after his marriage in 1780, he moved to western Virginia. In 1782 he was in the William- son expedition against the Moravian Indians on the Tuscarawas, and had the honor of voting, with seventeen others, against the murder of their In- dian captives, but without avail. Judge Taylor served as associate judge only from 1808 to 1809. He had served his country during the Revolution- ary war, and was a man of character and intelli- gence. His death took place in 1844, at the ad- vanced age of ninety-one years.

Timothy Rose was one of the original Granville colony of 1805, a few of whom now survive. He was an associate judge from 1808 to 1813, when he died. Judge Rose was a high-toned, in-

tellectual and intelligent gentleman, and a man of high character, of sound judgment, and undoubted patriotism. He served in the Revolutionary war and distinguished himself as an officer, at the storming of a British redoubt, at the surrender of Cornwallis, at Yorktown in 1781.

Probably more prominent than any other man at the Licking county bar, was Hon. William Stan- berry. He fought his battle of life in the days of "Tom" Corwin, "Tom" Ewing, and other such intellectual giants as Ohio delights to honor and remember.

He was born August 10, 1788, in Essex county, New Jersey. His most valuable inheritance was a sound and vigorous constitution, a commanding presence and a high ,order of talents. He had fair early educational opportunities, and im- proved them faithfully; he also had superior ad- vantages as a law student in the office of Judge Pendleton, of New York city, of which he availed himself.

Attendance on the courts of the city, in which the attorneys were such men as Thomas Addis Emmet, Aaron Burr, Alexander Hamilton, Daniel D. Tompkins and Martin VanBuren, and where men of the distinguished ability of DeWitt Clinton occupied judicial seats, afforded him facilities for improvement which he greatly prized and studi- ously heeded. Highly beneficial to him, also, were the literary clubs of that day, where his associates were James K. Paulding, Julian C. Verplanck, Washington Irving, and other contemporary celeb- rities. His participation in the discussion of po- litical questions, when quite young, tended to develope his oratorical powers, and his early efforts as a public speaker gave promise of future emi- nence as a popular orator. His pursuit of knowl- edge was most ardent and persevering, and he ulti- mately acquired a large fund of information in literature, belles letters and the classics.

In 1809, Mr. Stanberry located in Newark, re- maining here until his death, a period of sixty-four years. He became distinguished as a successful criminal lawyer, and was generally retained in im- portant criminal cases in this and adjoining coun- ties which composed his "circuit." He was in the habit, as were other lawyers, of traveling with the court, which in those early days was on wheels, as

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it were, and went about through the woods dis- pensing justice. Under these circumstances he frequently appeared in Mt. Vernon, Mansfield and other frontier towns, where he found plenty of clients.

His successful argument in behalf of David Shaver, his defence of Peter Dimond, charged with murder, and his great speech in a case involv- ing the question of conflicting jurisdiction between the National and State governments, in relation to the Wyandot reservation on the Sandusky plains, were among his most celebrated exhibitions of forensic power. His oratorical efforts were usu- ally characterized by argumentation, sometimes by invective, and uniformly by declamation and flu- ency, and often by much power and eloquence.

Mr. Stanberry also practiced several years in the Federal courts, with such men as Henry Clay, James Ross, Henry Baldwin, Philip Doddridge, John C. Wright, Judge Burnet, Charles Hammond, Benjamin Tappan, Edward King, Thomas Ewing, Thomas Corwin, and others alike eminent at the bar. Mr. Stanberry was the last survivor of all these early time lawyers. All those mentioned, and others who "rode the circuit" and practiced with him in the early courts, including Mr. Merwin, Major Munson, General Beecher, Judge Sherman, General Goddard, Hocking H. Hunter, General Herrick, Wyllis Silliman, Orris Parrish, Judge Ir- win, Judge Harper, Samuel W. Culbertson, and Judge Searle-all are dead.

He was elected to the senate of Ohio in 1824, and served two sessions in that body. In 1827, he was elected to Congress, to serve out the unex- pired term of Judgs Wilson, deceased. In 1828, he was re-elected, and again in 1830, making five years' service in that body, during which he prom- inently identified himself with many measures of public interest, chief of which was the law grant- ing half a million acres of public lands to aid in the prosecution of the canal interests of the State. He died in January, 1873, aged eighty-five years.

Colonel B. B. Taylor was for a time a member of the bar of this county. He came to Newark in his youth, studied law, and was for some years a practicing lawyer in the city; but his taste for politics and literature led him into other channels, and prevented his success at the bar. He was, at

different times, editor of a magazine in Columbus, published by Samuel Medary; the Kentucky States- man, published at Lexington, Kentucky; a paper in Missouri, another in Portland, Oregon, and probably others. His last removal was to Mexico, Missouri, where he settled for the purpose of re- suming the practice of law, but before getting fair- ly established he died, January 27, 1877, in his sixty-eighth year.

Amos H. Caffee was born in Bucks county, Pennsylvania, in 1790, where he remained until he reached manhood. The west, at that time present- ing a field of great promise of reward to the indus- trious, energetic and enterprising, he decided to make the then rising State of Ohio his future home. After spending some months in the effort to find a suitable location, he was directed by a train of favorable circumstances to Newark, where he settled in November, 1811, and where he was an honored citizen more than fifty years. Mr. Caffee, being a young man of more than ordinary intellectual endowments and correctness of de- portment, soon attracted attention, and was, by common consent, assigned a prominent part in all educational and other movements, having for their objects the improvement and elevation of the peo- ple, and the advancement of the interests of the town. As a reward for his superiority he was fre- quently favored with positions of trust and respon- sibility. He long held the offices of mayor, post- master, and clerk of the several courts of the county, always discharging with fidelity and honor the duties of his positions. He died at the age of seventy-two years.

Hon. Corrington W. Searle came to Newark from the Wyoming valley in Pennsylvania, where he was born, near the close of the last century. He was a respectable member of the Licking county bar, and as early as 1824 was prosecuting attorney, and served until 1832. After that he was for a time associated with Judge Wyllis Silli- man, in the practice of law. In 1836 he was elected judge of the court of common pleas, and remained on the bench until 1843. Judge Searle was a good lawyer, and discharged the duties of judge with credit and honor to himself. After his retirement from the bench he removed to Zanes- ville, where he died a number of years ago, and

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where several of his children are at present living.

Samuel M. Browning was one of Newark's law- yers of fifty years ago. He was scholarly and accomplished, genial and studious. In 1833 he was elected mayor of Newark, and again in 1836, but resigned the office before his term expired, and removed to Mount Vernon.

Colonel James Parker came to Newark as a merchant from Amboy, New Jersey, in 1829, and soon after commenced the study of law, and in due time entered upon its practice. In 1834 he was elected a member of the council, and became prosecuting attorney in 1836, in which office he served four years. From 1842 to 1844 he was State senator. He afterwards removed to Cincin- nati, where he was elected a judge of the court of common pleas, and where he died some years after the expiration of his term of service on the bench.

Hon. George H. Flood came from Zanesville, of which place he was a native, to Newark in 1837, to practice law. In 1838 and again in 1839 he was elected a member of the State legislature, in which body he became an active and prominent member. Towards the close of President Van Buren's term of office he appointed Mr. Flood charge d'affaires to the Republic of Texas, where he died not long after.

. Hon. Samuel White was one of our earlier law- yers, and a full biographical sketch of him is given in the chapter on the Welsh Hills settlement.

Daniel Humphrey was also one of the early lawyers of Licking county. The various offices he held are set forth in our chapters on county offi- cers, and on city officers. He died many years ago.

Hon. Joshua Mathiot was a prominent member of the Licking county bar. He was a native of Connellsville, Fayette county, Pennsylvania, and came to Newark, Ohio, about the year 1820, be- fore he had fully reached manhood, and when it was yet a small village. Joshua Mathiot was am- bitious, and availed himself of every opportunity to acquire an education suitable and requisite for the profession of the law. Having acquired that, he entered the law office of General Samuel Her- ick, of Zanesville, and after pursuing his law tudies for several years, he was admitted to the ar, and soon succeeded in acquiring an extensive

law practice. He was elected prosecuting attorney of the county in 1832, and served until 1836. In 1834 he was elected mayor of Newark. Hon. Joshua Mathiot was for a time associated with his father-in-law, Samuel W. Culbertson, esq., of Zanes- ville, in the practice of law, and afterwards with Judge Buckingham, who had been a law student in his office. Samuel White, esq., had also studied law in his office. He also entered into politics with a good deal of energy, and was elected a member of Congress in 1840, the district being composed of the counties of Muskingum and Licking.

Hon. Joshua Mathiot died suddenly, in 1849, when he had barely reached the "noon of life," leaving his widow and several children, one of whom was the wife of Rev. Dr. Cuyler, of Brook- lyn, to mourn the loss of one who had been pre- eminently faithful and devoted as husband and father. He was a man of correct deportment, and exemplary in all the relations of life, always giving the weight of his influence on the side of philan- thropy, good morals, temperance, and the institu- tions of Christianity.

In 1822 the first Presbyterian church, of Newark, organized a Sunday-school, and the records show' that Joshua Mathiot was chosen one of its man- agers. The church was generously supported by him, and educational enterprises and temperance or- ganizations were liberally upheld and sustained by him. The many admirable traits of character he possessed secured him numerous and warm friends. His circle of friends and acquaintances was large, and they were as warm in their attachment and de- votion, as they were numerous. It may be safely said that we have had but few men among us who more largely enjoyed the public confidence than Colonel Joshua Mathiot.

Lucius Case was born in Connecticut, November 8, 1813. He spent his youth and early manhood in his native State, where he received a common school education. He, however, completed his education at the Wesleyan university, at Middle- town, and adopted the legal profession as his per- manent pursuit. He studied law with Judge Phelps, of Hartford, finishing with Judge Finch, of Delaware, Ohio, whose office he entered in 1834. He settled first in Hocking county, but came to

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Newark in 1841, where he continued in successful practice until his death, which occurred July 23, 1864, while in the prime of life. He was a mem- ber of the Constitutional convention of 1850, and participated actively in the debates of that body. He was a man of vigorous intellect, improved by education and select reading.

Of the later members of the har of Newark, who have more recently passed from the stage of action, perhaps none were more prominent than Judge Israel Dille and S. D. King. The former was born at Dille's bottom (so called on account of his father's ownership) in August, 1802, on the Ohio river, in what was then the Northwest Terri- tory, now Belmont county, Ohio. While still an infant, his father removing to Cuyahoga county, he was transported thence across what was then an almost unbroken, trackless forest, in the arms of his mother, who made the entire journey on horse- back.

His only opportunity for education was the few books which formed the library of his father, among which was a work on astronomy, which was his special study and delight, and which created that taste for astronomy and meteorology which he evinced in after life. When about fifteen, he en- tered school at Washington, Pennsylvania, where some of the friends of the family lived. About 1825, he was a teacher at Somerset, Perry county, Ohio, and at the same time a law student with the late Hocking H. Hunter, of Lancaster, Ohio, to whom he went at intervals for recitation. After his admission to the bar, he settled at Newark, and very soon attracted attention as a lawyer of great ability, and won the respect and friendship of such men as Thomas Ewing, Hocking H. Hunter, and William Stanberry, by whom he was regarded as a peer, and with whom he argued many impor- tant law cases. He was untiring in the acquisition of legal lore, indefatigable in the pursuit of knowl_ edge, laborious as a student of science, philoso_ phy, and literature; geology, mineralogy, belles lettres and speculative philosophy were his favor- ite studies. By diligence and laborious investiga- tion he acquired such a fund of information as is possessed by comparatively few men. So exten- sive and diversified were his general information and knowledge that he had few equals.

In 1840, his health having failed, he abandoned the active practice of his profession, and sought relief by travel; visiting the entire region from New York to New Orleans. He became familiar with the geology of the whole country, and knew the rivers, watersheds, and the resources in min- eral wealth of the Mississippi valley, from its mouth to the copper mines of Lake Superior.

Possessed as he was of rare accomplishments, he was, withal, very communicative, and, there- fore, an instructive and valuable companion. Pos- sessing those qualities, one of his rare intelligence and suavity of manner could not fail to be most attractive as a conversationalist, and most charm- ing in social intercourse.

Mr. Dille was, for a number of years, a popular lecturer on geology. He was also one of the vice- presidents of the Union Academy of Arts and ' Sciences, at Washington city, and contributed a paper on the cosmogony of Moses, which was published, and attracted very considerable atten- tion, especially from the clergy. He also excelled as a newspaper writer, as a pamphleteer, and as a contributor to the magazines and quarterly re- views.

After the commencement of the war of the Re- bellion, he went to Washington, and became con- nected with the internal revenue office, then in its infancy, where he remained until his death, which occurred at his home, in Washington city, after a very brief illness, on January 10, 1874, in the seventy-second year of his age.

Mr. Dille was always full of benevolent schemes for the benefit of society, and looking out for the interests of the future. At his very last visit to his old home in Newark, an incident occurred which illustrates this trait in his character.

He was met by a deputation of citizens with an address of gratitude for something that he had done thirty or forty years before. It seems that when Newark was a small village, he was chosen its mayor; and in pursuance of his usual dispo- sition to look after the interests of the future, he undertook to beautify what is now known as Court House square. He graded the grounds, filled up the depressions, and planted it around with elms. His work made, perhaps, little show at the time, but the years moved along, and the

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trees grew, till now they are the beauty and glory of the place, and the citizens who are enjoying the benefits of his beneficent labors, may well hold him in grateful remembrance.

S. D. King was a native of Berkeley county, now West Virginia, but came to. Ohio in early life, com- pleting his education at the Ohio university. After graduating, he studied law, was admitted to the bar, and located in Newark for the practice of his profession, about fifty-two years ago. He soon attained to a position of prominence as a lawyer, and had an extensive and lucrative practice, which he retained through a period of at least one full generation. His conspicuously successful career brought him wealth, honors, and friends. He had but little ambition for public life, and, therefore, seldom sought the suffrages of his fellow citizens; he, however, sometimes accepted positions that gave him opportunities to aid in promoting edu- cational and Christian interests; he also served as prosecuting attorney, and as a member of the State legislature. His influence was always in favor of the right as he saw it. He outlived all his cotemporaries and died April 20, 1880, at the ripe age of eighty years.

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History of Licking County, Ohio: Its Past and Present, Part 48

Author: N. N. Hill, Jr. Publication date: 1881 Publisher: Number of Pages: 826

Author: N. N. Hill, Jr.
Publication date: 1881
Publisher:
Number of Pages: 826