USA > Ohio > Morgan County > History of Morgan County, Ohio, with portraits and biographical sketches of some of its pioneers and prominent men > Part 32
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At the head of the editorial columns appears a cut, bearing the coat of arms of Ohio. After the name of the paper and the editor, next comes
"Whig candidate for President United States, William H. Harrison :
"Subject to a national convention.
" A single term for the presidency, and the office administered for the whole people, and not for a party."
A paragraph announces the forma- tion of a society called the McConnels- ville Lyceum, to meet " on Tuesday next at Mr. Gage's schoolroom, at early candle-lighting, when the follow- ing question will be discussed :
"Is a republican form of govern- ment more conducive to the progress of literature than a monarchical ?"
William H. Peugh, of Union Town- ship, is announced as a candidate for the next legislature. An article a little over a column in length discusses the river improvement then in progress. In three separate articles are announced bank failures at Cincinnati, Gallipolis and Canton. In a communication "One Who Knows" complains that the citizens of Morgan County living west of the Muskingum have not received a proportionate share of the local offices, and submits two tables showing that the inhabitants of the east side of the river have held seventy-eight offices,
all told, while the other side have held but thirteen-hence his complaints. In another column " No Monopolist " complains of the grant to General McConnel of a mill privilege in con- nection with the dam and lock at McConnelsville. The second page, as will be seen, consisted largely of orig- inal matter, much of which was of local interest.
The third page contained but two columns of reading matter, the re- mainder, like all of the fourth page, being filled with advertisements, chiefly local. Under the head of " Late from Europe," news is given from London papers of September 2, twenty-five days previous. The market quotations show that flour was $4.50 per barrel at Cincinnati and Zanesville, and wheat seventy-five cents per bushel.
Having thus summarized the literary contents of the paper, let us glance at the advertisements. James Weeks offers for sale a two-horse carriage; Robert Kirby, Pennsville, a tavern stand for sale; a cut representing a very prim soldier calls attention to the following :
"ATTENTION GUARDS !
"The Morgan Guards will parade at the Center Square, McConnelsville, in full uniform, white pantaloons, on Sat- urday, the 12th October, at 10 o'clock a. m.
"By order of Captain Cornelius. "J. MCLAUGHLIN, O. S."
William Sherwood announces a pub- lic vendue. Corner & Davis, Malta, under the caption, " Hear the voice of the needy," call upon their creditors to settle. Converse & Bailey wish to exchange copper kettles for wheat. Simpson & Seaman, Malta, offer dry goods, stoves, etc. D. W. Hanna, sole
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leather. John Lansley wants to ex- change salt for wheat. Simpson & Seaman make a "reasonable request " that their customers settle. Samuel A. Barker has for sale plows, groceries, drugs, whisky, and many other articles.
The same dignified corporal (or an intimate relative) who calls attention to the parade of the Morgan Guards stands guard over the following quaint announcement :
"PARADE! PARADE! First Platoon ! Make ready :
"L. D. Barker sells forty mackerel for $1, cash in hand, as large as they could grow before they were caught."
E. Corner says, " I, too, want money, and my wants are becoming to griev- ous to be borne long." G. Bucking- ham, H. Dover, W. W. McGrath & Co., E. Corner, J. B. Stone & Co. and Collum & Wilkin each offer a variety of commodities. Dr. C. Robertson and Dr. L. K. Mclaughlin offer their pro- fessional services to the citizens of McConnelsville. Dr. Evans' medicines are advertised to the extent of nearly two columns, and Dr. Moffat's pills and bitters nearly one column. George Morris advertises a "wholesale and re- tail copper, tin, and sheet-iron manu- factory," and announces that all kinds of marketable country produce will be taken in exchange for ware. A. B. Scott wants 500 bushels of oats, for which he will pay cash. Benjamin Nott, under the head of " Muskingum Valley House," announces that he is "again in possession of his old tavern stand, lately kept by G. F. Hayward, on Center street, near the river." Jannary 19, 1844, appeared number one of volume first of The Independent. James A. Adair, editor and publisher. office over the postoffice. The motto at James Watkins and William II. Boz- man advertise a dissolution of copart- nership in the saddlery and harness business. Rich & Bascom, lawyers, , the head of the title page is: "Justice
insert a modest card. John Scott and William Robinson, McConnelsville, each offer to make and sell hats "low for cash." There are also a few other advertisements not of especial interest at this late day.
From the appearance of this number we should judge that the Whig Standard was a far better paper than the average country weekly of that period, and that the merchants of McConnelsville and Malta were fully alive to its importance as an advertising medium. -
Mr. Teesdale continued the publica- tion of the Standard until October, 1843. when the paper ceased to be. During the exciting political contest when Dr. S. A. Barker, democrat, and Dr. Perley B. Johnson, whig, both of McConnels- ville, were candidates for congress, the Whig Standard contributed its part to- ward making the race exciting. The editorials are said to have been remark- ably vigorous and strong. Mr. Tees- dale was an able editor, but he was not an astute financier, consequently his publishing: business did not pay. He came to McConnelsville from Wheel- ing, and was a practical printer. His editorship of the Standard gave him some notoriety, and from Morgan Coun- ty he went to Columbus, where for some years he was connected with the man- agement of a whig paper-the prede- cessor of the present State -Journal. He removed to Des Moines, Iowa, where he published a paper for a time. Hle next became an employe in a government office at Washington, and died in that city.
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HISTORY OF MORGAN COUNTY, OHIO.
to all men and inviolability of public faith." The first page is devoted to selected miscellany. On the second page appears the editor's salutatory, from which the following extract is taken :
" Pursuant to intimations given to a portion of the citizens of this county some two or three weeks since, the un- dersigned this day revives the publica- tion of the Ohio Whig Standard under the title of the Independent."
The editor then goes on to state that he commences with a small subscription list, much less than it ought to be, but engages in the work "with the deter- mination to succeed if industry and per- severance can accomplish that object. If our friends give us the aid and co- operation which we expect, we shall place on a firm basis the whig organ of Morgan County."
The Independent was a six-column folio, of good print. The first number contained not a line of local news and only about six columns of advertise- ments. During the memorable presi- dential contest of Van Buren versus Clay it steadily advocated the election of the latter. The first volume of the Independent is on file in the county auditor's office. October 24, 1845, Mr. Adair enlarged the paper to seven col- umns and changed its name to the Morgan Herald. The earliest copy of the Herald on file is that for the year beginning April 1, 1853, which bears the imprint, "volume 11, number 1,"- though why the eleventh volume is a mystery, as the Independent, the prede- cessor of the Herald, was not begun until 1844. The Herald in 1853 was still published by Mr. Adair, who had his office "on Center street, opposite the clerk's office." The heading is
printed in black capitals, and under- neath it are the words, "Devoted to Politics, Sound Principles, Foreign and Domestic News, Agriculture, Com- merce, Manufactures, Science, etc." The first page of the first number of the volume mentioned, contains mis- cellaneous and selected matter, and the first and second pages have three col- umns of "Laws of Ohio." The discus- sion of railroad matters then, as later, occupied a prominent place among the editorial matter. At the head of the editorial page appear the names of the whig candidates for State offices, the gubernatorial candidate, Nelson Bar- rere, of Richland County, heading the list. There are two columns of ad- vertiscments on the second page, five on the third and nearly six on the fourth. To a list of unclaimed letters remaining in the McConnelsville office the name of D. C. Pinkerton, post- master, is appended, and in the local columns the appointment of Henry S. Whissen to the same office is noted. Local notes are not numerous or re- markably interesting. The editor cop- ies with comments a paragraph from a correspondent of the Zanesville Gazette who had visited McConnelsville and stated that he " had opportunities, from conversation with some of the citizens, to ascertain that things were flourishing with them. Considerable improvement in the way of building is to be done in the course of the season, and everything indicated that McConnelsville was to be a large recipient of the general pros- perity of the valley. They deserve their success, and we heartily wish them a continuance and an increase of it."
"That is all true," remarks the editor, "and we hope to show more than the realization of that within the next year.
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THE COUNTY PRESS.
Everything gives indications of a new impetus to the business and the growth of our town. We are likely to get in the current of the railroad spirit of the age, and if once fairly on that wave we expect that the determined spirit and energy of our people will put us up even with the times and with our neighbors."
What a pity that after the lapse of more than thirty years the editor's pre- diction as to prosperity to be brought by means of a railroad should still re- main unfulfilled! In this connection an advertisement on the local page of the same paper deserves notice. It is illustrated by a cut of an engine draw- ing what appears to be two omnibusses, and is headed, "clear the track-the Iron Horse must come through!" and announces a grand rally (at the court- house) of the citizens of Morgan and adjoining counties friendly to the con- struction of a railroad, to be held on Friday, April 8, 1853. The advertise- ment is signed by William Hawkins and E. E. Evans, committee.
About this time the Ilerald devotes considerable space to the discussion of the Nebraska bill, and to the subject of abolition. Volume 12th, number 1, the paper appears with a new heading and the motto, " Liberty and Union, now and forever, one and inseparable." The editor also congratulates himself on having "a larger subscription and better patronage " than at any time since the paper came under his control. He also changes his price from $1.50 to $2 per year, and announces that his patrons must pay in advance or else pay $3 per year. Mr. Adair subse- quently enlarged the Herald to eight columns, but there was not a propor- tionate increase in the amount of local news. From May, 1854, to Angust,
1856, Mr. Adair published a tri-weekly Herald in addition to the regular week- ly edition. Mr. Adair's editorial career of twenty years entitles him to rank as the Nestor of Morgan County journal- ism. He is still living in McConnels- ville, at a ripe old age.
In January, 1864, Robert C. Brown assumed control of the Herald and con- tinued as its editor and publisher until April 10, 1868, assisted during a portion of the time by Will W. Pyle, local editor. During this time- the Herald changed but little in appearance or character. There was a trifle more of local and editorial matter than when Mr. Adair edited it. Mr. Brown sold out to Andrew Kahler, and his son, (. E. Kahler, and Will W. Pyle took the editorial chair. During this year (1868) the publishers advertised their circulation as 1,300. During their ad- ministration the name of the paper. which had become the Morgan County Herald, was changed to the McCon- nelsville Herald. July 29, 1870, W. W. Pyle announces his retirement from editorial connection with the paper, he having purchased the Zanesville City Times. Ile made the Herald a good paper.
November 4. 1870, the names of James M. Rusk and C. E. Kahler appear as editors, A. Kahler & Son still continuing the publishers. April 21, 1871, there was another change in the editorial board, and the names of J. M. Rusk and A. Kahler were placed at the head of the editorial columns. C. E. Kahler having severed his connection with the paper. October 20, 1871, Jesse R. Foulke took Rusk's place, and edited the Herald until August, 1872, when J. R. Foulke & Co. became editors and proprietors. The paper was published
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HISTORY OF MORGAN COUNTY, OHIO.
by this firm, which consisted of JJ. R. Foulke and his brother, William Foulke, until February, 1883. J. R. Foulke was then sole proprietor until April 1886, when Charles S. Sprague, became editor and proprietor. Mr. Sprague is an energetic and active young man, a recent graduate of the college at Gran- ville, and well qualified for his present position.
Soon after Mr. Foulke became pro- prietor of the paper he began to urge the importance of providing a home for the poor and friendless children of the county. Agitation of the question con- tinued until at length. through the Herald's efforts, it was brought before the people, and to the surprise of all the measure was carried by a vote of over 3,300 in its favor and only about 500 opposed. The Morgan County Children's Home is the result.
In the issue of April 30, 1886, there appears as editor and proprietor, the name of Charles S. Sprague, son of IIon. Wm. P. Sprague.
Mr. Sprague is perhaps the youngest editor and publisher in Ohio, being but twenty-one years of age.
When but a boy of twelve, young Sprague exhibited his predilection for the printing business, in publishing two amateur journals,-The Budget, and McConnelsrille Enterprise; and later, during his college career, he edited and published the Denison Weekly News and the Denison Collegian, the latter being a college monthly magazine.
After graduating at the college Mr. Sprague returned to his native town and assumed control of the Herald. From this time the paper thrived with renewed vigor, and within in these few months its circulation has increased several hundred, and the Herald now
stands among the foremost county papers of the State.
The Herald has always strongly fav- ored all public improvements and sought to promote the best interests of the people. As an expositor of the principles of the republican party its course has been such as to commend it to republicans generally. It it edited with ability, and that its worth is appreciated is shown by the fact that its subscription list has nearly doubled in the last ten years. January 1, 1884, the Herald changed its form from an eight-column folio to a seven-column quarto, and is now one of the largest country papers in the State. The paper has had a successful career and its office is well equipped both for newspaper and job work.
The account of miscellaneous publi- cations is quickly told. In 1845 the Peer-Out was published by George Poor, a boy who worked in the Herald office. The Peer-Out was a paper of juvenile size, which gave the local gossip and the effusions of the unfledged literati, much of which now finds its way into papers of a larger growth.
In 1847 John S. Dye, who had pre- viously dealt in counterfeit detectors, published for a short time a half-size sheet called the Workingman's Advocate.
In 1854 Ellis Ballou published the Western Newsboy in Malta, and deserved a better patronage than he received.
With three exceptions, all the papers thus far published in the county have been issued from the county-seat. Two of the exceptions, the Newsboy and the Independent of Malta, have already been noticed. There remains one more to be mentioned, which from its size and character might aptly be temmed a lusas naturæ in journalism. This was
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the Copperhead Ventilator, the first number of which appeared, issued at Windsor some time in May, 1863, James Brannan, editor and proprietor. The Ventilator was called into exist- ence by the war and aimed to thor- oughly ventilate the aims and motives of the anti-unionists. It was thor-
oughly Union in its sentiments, and dealt in the strongest of sarcasm, ridi- cule and invective, using forcible if not elegant English. It was a four column folio, published monthly at the price of 25 cents per year. It was issued, but not regularly, until near the close of the war.
CHAPTER XV.
THE BENCH AND BAR OF MORGAN COUNTY.
THE FIRST COURTS-THE PRIMITIVE COURT HOUSE-THE EARLY COURTS AND LAWYERS-JOHN DOLAND, THE FIRST ATTORNEY-HON. JOHN E. HANNA-JAMES L. GAGE, AND OTHER EARLY LAWYERS-HON. J. M. GAYLORD-HON. ELMAH HAYWARD-HON. E. E. EVANS-COLONEL MELVIN CLARKE-HON. ISAAC PARRISH-HON. C. B. TOMPKINS-JUDGE F. W. WOOD-ROYAL T. SPRAGUE-GENERAL F. B. POND-BIOGRAPHIES OF MEMBERS OF THE PRESENT BAR- NEWELL CORNER, HON. E. M. STANBERY, JJ. A. IVERS, W. B. CREW, AND OTHERS- REMINISCENCES.
THE first term of court held in Morgan County began April 5, 1819, in a log cabin situated on lot fifty- one, south Main street, McConnelsville. The bench of justice was borrowed from a carpenter, and in dimension was ample for the accommodation of the ' usual number of judges. It, however, was occupied only by the three associ- ates, the president judge (Ilon. Ezra Osborn, of Portsmouth, was the judge of this judicial district) failing to at- tend. The lawyers and litigants occu- pied a small area in front, while the jury were seated on two benches of less ele- vation than the judges' seat. The wit- nesses and spectators appropriated the residue of the available space, or at- tended to the adjustment of other mat- ters on the outside.
The following are the " Minutes of a court of common pleas held in McCon- nelsville in and for the County of Mor- gan, State of Ohio:
" Be it remembered that on this fifth day of April, eighteen hundred and nineteen, and of the State the eight- eenth, William Rannells, Sherebiah
Clark and William B. Young presented commissions from his excellency, Ethan Allen Brown, governor of the State of Ohio, appointing each of them associate judges of the County of Morgan. Also certificates on their several commissions that they and each of them had taken the oath of allegiance and office. Whereupon a court of common pleas was holden for the County of Morgan at the court room in the town of McConnelsville, the seat of justice for said county. Present, Hon. William B. Young* and Sherebiah Clark, associ- ates, and William Rannells, presiding judge.
"Court adjourned to nine o'clock to- morrow morning.
" WILLIAM RANNELLS, "Presiding Judge."
At this term of court Nathan Dear- born, coroner, acted as sheriff. On the first day, Dr. Samuel A. Barker was appointed clerk, John Doland prose- cuting attorney, and Timothy Gaylord
*William B. Young lived within the present limits of Malta Township, Sherebiah Clark in Olive Township, and William Rannells in Brookfield Township, (now) Noble County.
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THE BENCH AND BAR.
recorder pro tem. The first judgment entered by the court was in favor of General Isaac VanHorn, of Zanesville, against John Dodds, for the sum of $114.34 and costs. The term lasted two days.
At a called court held May 20, 1819, the first letters of administration were granted to Dr. Samuel Martin upon the estate of Thomas Martin deceased. Thomas Martin was a brother of Dr. Martin, and was drowned in attempting to cross the river a short distance above McConnelsville.
The second regular term of court be- gan July 5, 1819, in a cabin located on lot 19, in McConnelsville. Nathan Dear- born, of Windsor Township, was the coroner and acting sheriff. The follow- ing were summoned as the first grand jury of the county :
William M. Dawes, foreman, Joseph Devereaux, A. Devol, Zadock Dicker- son, Sylvanus Newton, Gilbert Olney, Isaac Hedges, Simeon Morgueridge, Samuel IIenry, Asa Emerson, Nathaniel Shepard, Rufus P. Stone, Alexander McConnel, Archibald MeCollum, and Richard Cheadle.
The first indictment presented by the grand jury was against Enoch Loper for assault and battery on James Frisby. Frisby was afterward a justice of the peace and a prominent citizen of Bloom Township. To the indictment Loper pleaded "not guilty," and for the trial the first petit jury was impaneled, viz .: T. M. Gates, Benjamin Johnson, William Murphy, William Lewis, Micah Adams, Philip Kahler, Benjamin Witham, Elijah Witham, Abraham Hews, John Seaman, Samuel White and B. W. Talbot.
The jury retired ontside of the log court room in charge of a sworn officer, who was duly instructed " not to permit
the jury to have anything to eat or drink (water excepted) until they agreed upon a verdict." They soon agreed, finding Loper* guilty. He was assessed a fine of $3 and costs.
The October term of court, 1819, be- gan on the 4th of the month. At this term James Reed was the first person naturalized. He was an Irishman, re- siding on Duck Creek, now in Noble County.
The first slander suit in the county was tried at this term-Ezekiel Hyatt es. Philip Moore. Moore charged Hyatt with having sworn to a lie on the trial of a case before a justice of the peace. The jury who tried the case were Levi Davis, John B. Perry, Phineas Coburn, Simeon Blake, James Whitaker, William Silvey, James Harris, Jared Andrews, Levi Ellis, Levi Deaver. John Shutt and Jonathan Porter.
The jury found Hyatt guilty, and he was fined $17. Evidently slander suits were not very profitable at that day.
At the March term, 1820, the presi- dent judge, Hon. E. Osborn, made his first appearance at McConnelsville in his official capacity. Up to that time the associate judges had managed the jndi- cial affairs of the county.
Under the first constitution of the State (1802) the court of common pleas was constituted of a president judge and three associates elected by the legisla- ture for a term of seven years. The president judge was a lawyer and hekl court in the different counties compos- ing his judicial districtt The associate
*At the March term. 1820. Loper's name ngnin figured on the records. He was then indicted for ns- sanlt and battery on John Hull, and John Hull was indicted for a similar offense against Loper. Hull pleaded "guilty," and was fined $1. The case ngainst Loper was nolle prosequied.
+At the time of organization Morgan County was in the fourth judicial district, but on February 21, 1820. was placed in the eighth.
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HISTORY OF MORGAN COUNTY, OHIO.
judges were citizens of the county, and, with one exception in Morgan County, were not lawyers. "They were," says Judge Gaylord, "generally honest, sub- stantial gentlemen of sound judgment and good appearance, of fair ability and of general information; without preju- dice, hatred or ill-will toward any one. In some instances, however, there were failures in all or a part of these impor- tant qualifications. If there should be any such it was set down as a mistake by the judge-makers and patiently borne with, for in those days impeachment was seldom resorted to. The wags about the court-house and court-room would have their fun at the expense of the honorable judicary, and occasionally indulged in pretty rough remarks. They would declare that there were 1,000 judges upon the bench. To reach this arithmetical conclusion they made the president judge to repre- sent the figure one, and the three asso- ciates three ciphers."
Morgan County is small, both; in ter- ritory and in population ; the people are of a peaceful disposition and averse to litigation, consequently there has never been a large amount of legal business. Yet the county has had, and still has, a bar of more than average ability. The record of the lawyers is in general a record of able, honorable men. Several Morgan County attorneys have distin- guished themselves as legislators, jurists and nulitary officers. In this chapter the writer has sought to include the name of every lawyer of prominence who ever resided in the county, giving biographical sketches wherever such were obtainable.
At the time the first courts were held in Morgan County there were no resi- dent lawyers in McConnelsville. The
attorneys who attended to the small amount of legal business brought be- fore the courts were chiefly residents of Muskingum, and among them were sev- eral men of high standing in the legal profession. A glance at some of the earliest court journals reveals the names of S. W. Culbertson, General Herrick, Charles B. Goddard, Wyllys Silliman, Appleton Downer, Alexander Harper, Richard Stillwell and John Doland.
JOHN DOLAND became the first resi- dent attorney, and put out a sign noti- fying the public that he was an " attor- ney and counselor at law and solicitor in chancery in Morgan and adjacent counties." He had but little legal bus- iness, and for a livelihood he betook himself to teaching the village school. HIe had talent, but was intemperate and dissipated, and of little account as a lawyer.
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