History of Madison County Ohio: Its People, Industries and Institutions, Part 54

Author: Chester E. Bryan
Publication date: 1915
Publisher:
Number of Pages: 1207

USA > Ohio > Madison County > History of Madison County Ohio: Its People, Industries and Institutions > Part 54

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"We talk about suffering, hard times, privations! Just let the reader take a stroll to the cemetery south of Plain City, and, with pencil in hand, mark the number whose tombstones make these years the eventful period in its history; and in addition to this, the scores where no slab marks the resting-place of the silent sleeper beneath. Again there were other cemeteries and cities of the dead that were largely peopled during these sickly years. besides the many that were buried on the farms, which could not be removed to far-off burial grounds. Then, again. the abandoned cemeteries, one of which is barely discernible, on the farm now owned by Joseph Atkinson. The most of the sleepers there fell in 1822-23. Sum this all up, and you have a faint conception of the reign of terror and death. It has been carefully computed that, in what was then called the 'South settlement,' one-half of the inhabitants died during these two years

"Between Chuckery and Homer, on a farm subsequently owned by John Smith, but

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then held in smaller farms, there were seventeen deaths. In what was known as the 'Converse settlement,' not more than one-fourth of the people died. The territory invaded by this epidemic extended for a short distance east of Big Darby, and perhaps about the same distance west of Little Darby. All of the territory lying between these points seemed to generate the poison that produced the disease, whatever that may have been. There was an unusual amount of sickness all over Madison county, as well as in a large portion of Clark, but the deaths were comparative'y few, except in the district mentioned.

CAUSES.

"The exciting causes which led to the development and breaking out of the disease in question may be, and perhaps are, shrouded in mystery. The condition of this county previous to and at the breaking-out of the epidemic, to a careless observer, would pre- sent no material changes to that of former years. In many portions of the prairie country it was no unusual thing for large bodies of stagnant water to remain upon the surface until late in autumn, exposed to the scorching rays of a summer sun. Up to this time, but little attention had been paid to the drainage of the country. The rich soil produced annually enormous coats of vegetation, which, prior to the settlement of this county, and for many years afterward, were destroyed by the fires that swept over the prairies every autumn. Neither of the years above mentioned were unusually rainy or wet seasons, but they were characterized by dense fogs, extending all over this coun- try, commencing very early in the season and continuing until the beginning of winter. There can be no question in the minds of scientific men that the primary or exciting cause of the disease was the result of malarious influences; but why it should be gen- erated so copiously, and attended with such poisonous effects that scarcely a human being was proof against its powers, is a difficult question to settle satisfactorily. Scien- tific researches and experiments have established the fact that, when our large cities have been visited by malarial epidemics, the free use of lime or alkaloids in the filthy alleys and gutters acted as an antidote toward the freeing of these places from malaria. Taking this view of the subject, we may be able to approximate to a certainty the excit- ing causes which led to the development of the disease in question.

"If we were to call to our aid the fact that, prior to and during the early settle- ment of this part of Ohio, the prairie fires annually destroyed the greater part of the luxurious growth of vegetation that grew on the prairies, leaving the residue of ashes strongly alkaline in principle, which, according to more recent researches, would act as an antidote to malarious development, we shall understand one of the exciting causes of the epidemic of 1822-23. The great amount of sickness during these years was not alone confined to the Darby country, but other portions of Madison, Franklin and Clark counties were visited by this disease in a milder form. In a recent conversation with an aged gentleman. who, at that time, lived in Clark county, information was elicited that even there an unusual amount of sickness pervaded a large portion of the county.

"For a few years prior to the years in question. this part of Obio was rapidly set- tled by emigrants from Eastern states. As a consequence. houses and barns were built, fields were fenced, orchards were planted, and all the necessary means made use of to make home comfortable. By reason of these improvements, it became necessary to arrest the prairie fires, which. prior to this period. annually swept over the country. The consequences resulting from arresting these fires were that a large portion of the luxuriant growth of vegetation was subject to decomposition, which, in connection with the heat of the sun, increased the development and poison of malaria. The arrest of those annual fires took away the purifying agent, or alkaloid, which, hitherto, had ren- dered malaria comparatively inert. This course of reasoning would lead to the detec- tion of the causes which produced the sickly seasons of 1822-23.

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SYMPTOMS.

"The precursory or incipient stage of the disease was announced by a feeling of las- situde, indisposition . to exercise. loss of appetite, nausea, thirst, a dry skin, constipated bowels and chilly sensations experienced by the patient. Sometimes these symptoms would continue for several days: in others there were no precursory indications; but eventually the disease was announced by a severe rigor or chill, the patient suffering from the intense sensation of cold. The whole body was brought under its influence. in which the muscular and nervous systems participated. There was a marked livid and purple appearance of the skin, with accelerated respiration, and a quick, feeble pulse, evidently indicating severe congestion of the internal organs. This condition of the patient would frequently continue for several hours; but these symptoms subse- quently gave way by the ushering in of a sensation of severe heat, a frequent and full pulse, great thirst, severe headache, nausea and vomiting, while sometimes delirium would supervene. In children, during this state of the disease, it was no unfrequent occurrence for the patient to be attacked with convulsions. This latter condition would continue for several hours, when they would gradually subside, and the patient expe- rience a degree of comfort and freeness from suffering that would induce him to a delu- sive opinion that the disease had given way and convalescence begun; but his hopes would be .sadly disappointed in finding the succeeding day ushering upon him all the symptoms, in an aggravated form, that were experienced on the preceding one. In the second attack there were unmistakable evidences of the existence of severe internal congestion. There seemed to be less power in the system to bring about reaction. and again the equilibrium in the action of the heart and arteries. Many instances occurred where the patient sank into an inflammatory type of fever. which ran its course from seven to fifteen days. but more frequently ended in death on the eighth or ninth day of the inflammatory state. Taking all the symptoms of this disease into consideration. and the great amount of malarial poison existing in the system. may we not safely conclude this to have been a pernicious fever or sinking chill epidemic?

TREATMENT.

"The attending physicians during the epidemic in the region of the Darby country were Dr. Lorenzo Beach and Dr. James Comstock. So numerous were the patients, and protracted the epidemic. that these men became worn down from labor, exposure and anx- iety ; but the great responsibility resting upon them, and the urgent appeals from suffering humanity, so stimulated their nerve power as to render them impervious to the malarious poison that was prostrating those around them. At least, they were preserved by an overruling providence from the ravages of the disease.

"The general outline of treatment made use of by the profession to arrest the dis- ease and produce convalescence was that recommended by Eberly and other writers of his day. If the patient was seen in the first stages of the disease an emetic was admin- istered, and perhaps bleeding was resorted to. After the patient had recovered from the effects of the emetic, an active cathartic was given, composed of calomel and jalap. This active process so reduced the patient that he became an easy prey to the next paroxysm. These cathartics were administered almost daily, with the view of freeing the system from pent-up bilious matter. The anti-periodics made use of by the profession were then in a crude state. Quinine or any of the extracts were unknown; consequently the only available anti-periodic medicine to be relied upon was the Peruvian or 'Jesuit's' bark. In consequence of the enormous doses required to check the paroxysm and its nauseous taste, but few stomachs could retain the medicines in sufficient quantities to arrest the progress of the disease. But. then, what could be done? The physicians evidently saw that their medicines were powerless, and that death was not stayed by their efforts.

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This was truly a pitiable condition, to see our fellow-creatures prostrated by disease, suffering from the dire effects of an epidemic, and yet powerless in rendering material aid to their pleadings for help. But such were the facts, and such were the sufferings experienced by the early settlers who located on the rich prairies of Madison county."

EPIDEMIC AT AMITY.

In 1849, soon after the removal of the mill-dam, by order of the court, Asiatic chol- era broke out in all its virulence and horrors in Amity, sweeping away many of its inhabitants in the space of a few days, striking terror to the entire populace of Amity and vicinity. Among the prominent and promising that were ruthlessly torn away was Dr. Burr Carpenter, a very able and learned young physician, who was actively engaged among the cholera patients in rendering all the aid that science could command.

Again, a few years later, that place was visited with smallpox, which carried its Joathsome terrors and death to its inhabitants.

MADISON COUNTY MEDICAL ASSOCIATION.

An attempt was made to organize a county medical society in September, 1857 or 1858. The meeting was called by publication, and a few physicians responded. Dr. William Morrow Beach was selected as president and Dr. A. H. Underwood as sec- retary, but nothing further was done at this Initial meeting. On motion of Dr. Toland Jones the appointment of committees was deferred until the next meeting. There was an unusual amount of sickness during the next month, and when the meeting-day came around there was not a quorum present for transacting business, and so this, the first attempt to establish a society in the county, became a failure.

On the 31st of May. 1878. in accordance with a movement inaugurated by the physi- cians of Plain City, there was a meeting held at Jefferson, Ohio. There were present at that meeting Drs. Salathiel Ewing and M. J. Jenkins, of Plain City; J. N. Beach, H. S. Quinn and Charles Snyder, Jefferson; J. S. Howland, New California, Union county; W. H. Jewitt, Amity ; Richard Woodruff, Alton, Franklin county; Toland Jones, H. J. Sharp and James B. Sprague, London, and Doctor Davis, of Georgesville. Richard Wood- ruff, of Alton, was chosen chairman pro tem .; Doctors Ewing, Beach and Howland were appointed a committee to draft a constitution and by-laws, which committee reported before the close of the meeting, and their report was adopted. Salathiel .Ewing was cho- sen president and M. J. Jenkins, secretary. The officers of the association were to be elected twice a year. At the meeting in December, 1878, J. N. Beach was chosen presi- dent. In June, 1879, Toland Jones, of London; in January, 1880, E. B. Pratt, of Mt. Sterling, and A. J. Strain to succeed M. J. Jenkins as secretary. In June, 1880, William Morrow Bench. of London, was elected president; in January, 1881, H. J. Sharp, of London : in June, 1881, Richard Woodruff, of Alton; in December, 1881, J. P. Kirkpat- rick. of Midway. The meetings were usually held at London. This society was com- posed of the physicians of Madison and Franklin counties. The later history of this, the first medical society. cannot be given in full, owing to the fact that the records since 1881 have not been preserved. This association continued in active service until about 1805. when it censed to exist through lack of support and interest.

MADISON COUNTY MEDICAL SOCIETY.

The present Madison County Medical Society was organized July 31, 1903. Acting on the suggestion of Dr. Charles W. Hamilton, president of the Ohio Medical Society, Doctor Christopher and Doctor Strain sent a written request to every physician in the county to meet on the above stated date in the educational room of the court house, for the purpose of organizing a county medical society. In response to this request the fol; lowing physicians were present : M. J. Jenkins. H. S. Quinn, M. B. Wilson, A. F. Green,

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W. P. Kyle, M. C. Sprague, R. H. Trimble, Andrews Rogers, A. J. Welch, A. S. Beck- with, J. C. Johnston, W. C. Barr, J. L. Cannon, William Francis, Willis G. Lewis, H. J. Stevens, C. B. Meade, W. H. Christopher and A. J. Strain. Doctor Rankin, of Colum- bus, district counsellor, was present to assist in the organization of the society. Dr. H. S. Quinn was chosen temporary chairman, with A. J. Strain, secretary. The object of the meeting being stated, remarks were asked for, and each gentleman present responded, favoring immediate organization. A motion to that effect carried unani- mously. A permanent organization was effected by choosing H. S. Quinn, president, and A. J. Strain, secretary and treasurer. H. W. Christopher was made first vice-president and A. J. Welch, second vice-president. Doctor Rankin had with him a paper on cholera Infantum, which he read by unanimous request of the society. The paper was timely and exceedingly well received, and a very interesting discussion followed. Dues were fixed at two dollars, one-half of which was to go to the treasurer of the state society. All physicians named above paid dues and were the charter members of the society. It was decided to hold meetings on the last Friday of each month at 2 P. M. This was the beginning of the Madison County Medical Society.

At the following meeting, August 28, 1903, the constitution and by-laws for the society were adopted. This society is open to all registered physicians practicing non- sectarian medicine in Madison county. The purpose of the society shall be to federate and to bring into one compact organization the entire medical profession of Madison county, and to unite with similar societies in other counties to form the Ohio State Medical Association, with a view to the extension of the medical knowledge and to the advancement of medical science: to the elevation of the standard of medical education; and to the enactment and enforcement of just medical laws; to the promotion of friendly intercourse among physicians, and to the guarding and fostering of their material interests, and to the enlightenment and direction of public opinion in regard to the great problems of state medicine: so that the profession shall become more capable and honorable within itself. and more useful to the public in the prevention and cure of diseases, and in prolonging and adding to the comfort of life.

The officers of the society shall be a president, two vice-presidents. a secretary, a treasurer and three censors. The duty of the censors shall be to consider all questions involving the rights and standing of members. whether in relation to other members or the society. All questions of an ethical nature brought before the society shall be referred to the censors without any discussion. They shall hear and decide all questions of dis- cipline affecting the conduct of members, subject to the final decision of the board of censors of the Ohio Medical Society.

This society has continued as an active organization to the present time. There has been much good accomplished. both socially and along the advancement of medical ideas; also in the way of the entertainment of visiting physicians. The membership of the society at present consists of the following physicians: W. F. Smeltzer, J. W. Parker, H. P. Sparling. C. E. Gain. F. L. Wilson, W. P. Kyle. F. E. Rosenagle and A. J. Strain. The officers for the present year (1915) are H P. Sparling, president, and W. P. Kyle, secretary and treasurer.

PHYSICIANS OF MADISON COUNTY.

London-M. Vance. H. V. Christopher, C. E. Gain, W. P. Kyle, J. F. Kirkpatrick. J. W. Parker. M. C. Sprague (Rural Route 2), F. E. Rosenagle, A. J. Strain, Charles Snyder, H. P. Sparling. W. F. Smeltzer. M. L. Naughton and H. J. Sharp; West Jeffer- son-L. E. Evans, A. F. Green and L. W. Olney; Mt. Sterling-W. E. Elder, W. G. Lewis. C. F. Gallagher and Roderick Wittich; Plain City-E. S. Holmes and M. J. Jen- kins; Lilly Chapel-G. M. Kerr; Sedalia .- F. B. Whitford; South Solon-F. L. Wilson ; Reseca-J. M. Morris.

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CHAPTER XXIX. BENCH AND BAR OF MADISON COUNTY. By John F. Locke and Mrs. Sue Murray Boland.

As people often fail to agree with regard to their relative rights and duties, and as they some times violate their agreements with each other, and even vlolate and disobey those rules and regulations prescribed for their conduct, it is necessary that tribunals should be provided to administer justice, to determine and declare the rights of parties, to investigate and decide whether the laws are observed or violated, and to declare and pronounce judgment according to law and the just deserts of the citizen. These deter- minations are called judicial. Upon the organization of the Northwest territory, courts were established and laws promulgated for the proper. government of the same. The first to take shape was the court of common pleas, established by the governor and judges at Marietta, August 23, 1788. This court was composed of not less than three nor more than five justices, appointed in each county and commissioned by the governor, "to be styled the court of common pleus," whose sessions were held twice a year in each county. By an act passed at Cincinnati, November 6, 1790, this court was. author- ized to hold four sessions each year for the greater facility and transaction of business. and the number of judges was increased to not less than three nor more than seven in each county. Besides the regular sessions, these courts were empowered to hold special terms, as often as necessary, while their powers and duties were fully defined and regulated by law.

On the 30th of August, 1788, the general court of the territory was organized for the trial of civil and criminal cases. Its sessions were held once a year in each county and, on November 4, 1790, the time and place for holding said court was defined. An uct was adopted from the Virginia statutes, July 16, 1795, giving the judges power to continue suits in necessary cases.

Probate courts were created by an act passed at Marietta. August 30. 1788. estab- lixhing a judge of probate in each county. . He was authorized to hold four sessions annually and special sessions whenever necessary. Probate judges were appointed by the governor and had charge of all probate and testamentary business. Their decisions were not final, but they could call in two justices of the court of common pleas, who, with the probate judge. constituted the court of probate. which had power to render final decisions and decrees in all matters cognizant in said court. subject. however. to appeal in all cases to the general court of the territory.

The act establishing orphans courts was adopted from the statutes of Pennsyl- vania, June 16, 1795. They consisted of the justices of the general quarter sessions of the peace, and were created in each county. These courts were domestic, possessing peruliar facilities for acquiring correct information of the condition of intestate estates within their' jurisdiction. and much was intended to be confided to their discretion because their proceedings were er purtc. and in most cases operated upon and affected the rights of minors. They worked in harmony with the judge of probate. and their duties and powers were defined in conjunction with his. Upon the organization of the state judiciary. April 15, 1803. all business of a probate or testamentary nature. pend- ing in the orphans courts, or courts of probate. was transferred to the courts of com- mon pleas, and the law of 1795. defining the limits of judicial power in relation to

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intestate estates, remained in force. Thus the court of common pleas was endowed with all former duties and powers of the probate court and orphans courts, and so remained until the adoption of the new constitution, when the office of probate judge was created as it exists today.

The quarter sessions of the peace were established on August 23. 1788, to be held four times a year in each county. This court consisted of not less than three nor more than five justices, who were appointed by the governor. It was created for the trial of small causes and its jurisdiction was defined by law.

Circuit courts were created by an act approved on December 9. 1800. They were held annually in the several districts into which the territory was divided, by one or more judges of said territory, to which cases from the court of common pleas were taken, removed or appealed. These several courts comprised the territorial judiciary until the admission of Ohio into the Union.

STATE JUDICIARY PRIOR 10 1851.

At the first session of the Legislature in April, 1803. an act was passed organizing judicial courts. The supreme court consisted of three judges, elected by joint ballot of the General Assembly. their official term to be seven years. One session a year was held by this tribunal in euch county. The constitution gave the supreme court original and appellate jurisdiction, both in common law and chancery, in such cases as the law should direct. On the 17th of February, 1808. the number of judges was increased to four, and the state divided in two districts. eastern and western, two of said judges to hold court in each. as they should determine among themselves. Madison county was in the eastern district, but the law was repealed on February 16, 1810, at which date the number of supreme judges was reduced to three. By this act the supreme court was given concurrent jurisdiction in all civil cases, both of law and equity, where the matter in dispute exceeded one thousand dollars, and the appellate jurisdiction from the court of common pleas in all cases wherein that court had original jurisdiction. It also was given exclusive cognizance of all cases of divorce and alimony, and in all criminal cases except where the prisoner elected to be tried by the court of common pleas. The number of judges was again increased to four on February 13, 1816, and exclusive cognizance of criminal cases conferred upon this tribunal. Thus it stood until the adoption of the new . constitution in 1851. Many laws were passed defining more minutely the powers and duties of the supreme court which may be found in the Ohio statutes.

COURT OF COMMON PLEAS.

The state was divided into circuits, for each of which a judge was elected by joint ballot of the General Assembly and whose term of office was seven years. In each county, not less than two nor more than three associate judges were chosen in a similar manner and for the same period of service. The president judge, with the associates. composed the court of common pleas of each county. whose powers and duties were defined and time of holding court stated. Under the constitution. this court had common law and chancery jurisdiction with the supreme court, while both had complete crim- inal jurisdiction as the law from time to time should define. The associate judges. were empowered to hold special sessions to transact county business whenever such was necessary. The court of common pleas, by an act passed February 22. 1805, had cog- nizance of all crimes and offenses the punishment whereof was not capital, and on January 27. 1806, an act was passed allowing capital punishment offenses to be tried before this tribunal, at the option of the prisoner. but the decision was final. On the 16th of February. 1810. the several acts organizing judicial courts. defining their powers and regulating their practice. were reduced to one. By this enactment. the decisions

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History of Madison County Ohio: Its People, Industries and Institutions, Part 54

Author: Chester E. Bryan Publication date: 1915 Publisher: Number of Pages: 1207

Author: Chester E. Bryan
Publication date: 1915
Publisher:
Number of Pages: 1207