History of Sandusky County Ohio with Illustrations 1882, Part 87

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USA > Ohio > Sandusky County > History of Sandusky County Ohio with Illustrations 1882 > Part 87

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Eleazer Willey emigrated from New York

to Huron county in 1830 and remained there about three years. He then permanently settled in Rice township, where he died in 1852. His wife died in 1866. Of their family of eight children three are still living-Sarah Ann, wife of O. C. Brunner, in Kansas; Jane, wife of Joseph Fry, in Scott township; and Richard, the oldest son, who was born in New York in 1817. He came to Ohio with his parents, and in 1847 married Harriet Walker, who was born in New York in 1825. They have three children-Eliza, at home; George W., in Michigan; and Mary E., wife of Wallace Scringer, in Rice.

Thomas Tuckerman, fourth child of Thomas Tuckerman, sr., was born in Vir- ginia in 1809. The following year his parents removed to Maryland, where Thomas lived till 1821, when he came to Seneca county. In 1836 he married Elizabeth Brown, of Melmore, Seneca county, and in 1842 became a resident of this county, his first settlement being in Sandusky township. From there he removed to Rice. His family consisted of fourteen children, seven of whom are living, viz .: John, Orrin, Ann, Charlie, Claridon, Arza B., and Clara Belle, all living in this town-ship, except Ann (Swank ), who resides in Fremont. Mr. Tuckerman held the office of county auditor one term.

T. T. Harrison came to Fremont in 1857 from Michigan. He afterwards removed to Hancock county, Ohio, where he married, in 1865, Sarah E. LePoint, an granddaughter of Gabriel LePoint, one of the French colony previously spoken of He has been a resident of Rice since 1867.

John Cochran was born in Pennsylvania in 1801. He married Margaret Patterson, also a native of Pennsylvania, and moved to Perry county, Ohio, afterwards coming to this county. The family consisted of seven children, four of whom are living, viz: Hannah (Williams), Ball

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ville; Isabella (Jackson), Fremont; Ellen (Mudge), Fort Wayne, Indiana, and Thomas W. Cochran, who was born in Perry county in 1827. In 1869 he married Jane Wright and has a family of three children-John T., Edmund F., and Nettie. Mr. Cochran was engaged in merchandising three years and in the manufacture of woollen goods three years in Erie county. He is now farming in Rice.

Nathaniel B. Tucker, a native of Massachusetts, was born in 1796. He married in New York, in 1821, Mary A. Ballard. They came to this county in 1839 and settled in Rice, where they still reside in the fullness of their age. Three children are living-N. R .; Mary (Snyder), Ottawa county; Henry H., Rice township. Mr. Tucker is a tanner and shoemaker. Even at the advanced age of eighty-five he continues to work on the bench mending shoes. He was a soldier in the War of 1812. Nelson R., the oldest son, was born in New York in 1823. He came to this county with his parents and married Miranda Burgoon, by whom he has a family of nine children living, viz: Martha Ann Margareta Mary E. (Palish), Sandusky township; Rachel T. (Kleinhans), Ottawa county; Harriet I., Nellie I. (Strouble), Juliet J., Charles G., Lilla V., and John P., Sandusky town-ship. Adeline M., Barrett E., and Morrison M. are deceased. Mr. Tucker followed tanning and shoemaking a number of years, then purchased the farm in San- dusky township where he now resides.

CATHOLIC CHURCH.

Public worship according to the Catholic ritual was instituted in this township at an early period of the settlement. A meeting- house was built about 1830 on the bank of the Sandusky River, and a lot of ground set apart for burying purposes. Most of the settlers being French the service of the French church was followed.

This congregation was known as "Philemon Church," but in 1870, when a new house was built nearer the centre of the township, the name was changed and a general reorganization effected. The present membership is about fifteen families Two of them are German, the others of French descent. A cemetery beautifully located on the bank of the river marks the site of the old church. This continues to be the public burying-ground.

ZOAR METHODIST CHURCH (GERMAN).

Methodist worship was instituted among the German families of the southern and central part of the township about 1844. A mission church was built, and a grave-yard set apart about that time. The heads of families who formed the class, were Michael Schmidt, Nicholas Younker, John Schmidt, Michael Hulderman, Mr. Paul, Giles Sigroff and Jacob Switzgreoer. In 1873 increasing congregations, and the dilapidating effects of time made a new house of worship necessary. The congregation, which numbers about sixty members, is connected with Woodville circuit.

EVANGELICAL CHURCHES.

Two societies of this denomination have churches within the limits of the township. Fishing Creek class was organized about 1850. Meetings were held in school-houses until about 1860, when a church was built in the southern part of the township. The only two surviving members of the first class are Joseph Lambert and Michael Stull. Fishing Creek is the name of this class.

A class has been organized in the north part of the township, which erected a church near the Ottawa county line in 1881. It is known as "Mud Creek Class." Both societies are connected with Lindsey circuit.

SOLOMON'S LUTHERAN CHURCH.

About 1832 the western part of the

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township began to fill up with Pennsyl- vanians and Germans, who had been con- nected with the Evangelical Lutheran church. Peter Hettrich and Adam Kreilich were the leading members, and meetings were held at their residences. Rev. Henry Lang, of Fremont, formally organized a society in 1843, and a log church was built in 1844, which accommodated the congregation until 1867, when the present substantial brick house was erected. Rev. Mr. Lang- was preacher for more than forty years, until in 1879 Rev. Mr. Althoff was given charge. During Mr. Lang's pastorate Mr. Thornberry supplied the pulpit one year. The services of the church are wholly in German, and are well attended by a large membership.

ORGANIZATION.

Rice was formerly included in Bay township, but the organization of Ottawa county in 1840 cut off from this county the larger part of Bay, and made the es- tablishment of a new township in Sandusky necessary. The name "Rice" was conferred in honor of Judge Ezekiel Rice, who had been an associate judge of the court of common pleas. He was one of the pioneers on the Portage River, and a man universally respected. His residence was north of the new county line.

The early records of the township have been lost. We are, therefore, unable to give any list of officers.

Public schools under the present law were organized in the township in 1851. Six districts were laid out. This number was, in 1880, increased to seven by cutting off a part of districts two and three, and erecting it into a separate district.

THE OTTAWA HUNTING AND FISHING

CLUB.

In connection with Riley township we have spoken at some length on the subject of sporting. The marsh and adjoining lands in which game abound, and the

waters best adapted to fishing, are mainly owned by two sporting clubs, the Winous Point Club and the Ottawa Hunting and Fishing Club. The buildings and chattels of the latter are listed in Rice township.

The founder of this corporation was Louis Smith night, of Cleveland. He camped on a portion of the ground now owned by the club, during the hunting season of 1869, and at that time conceived the plan of forming an association for the purpose of buying lands, erecting houses, and purchasing equipments. Captain Smithnight's efforts in this direction proved successful in 1871, when an association consisting of seventy-one members was formed. Hone's Point Fishing and Hunting Club, of Cleveland, was the name adopted, and the following officers were chosen: L. Smithnight, president; G. M. Barber, vice-president; O. B. Perdue, secretary; D. H. Keys, treasurer; J. Laisy, surgeon; D. Price, quartermaster; L. Smithnight, T. Stackpole, C. D. Bishop, J. Huntington, and Charles Pease, executive committee.

In 1879 the association was incorporated under the name of Ottawa Hunting and Fishing Club. The bylaws of the association limit the number of members to one hundred. No member is permitted more than once in a year to invite a guest to accompany him to the club grounds, nor can the same guest enjoy the privilege of visiting the grounds more than once. A permit in each case must first be obtained from the president and executive committee.

Large tracts of land have been purchased at different times in Rice and Riley townships and in Ottawa county, the whole amounting now to about six thousand acres. More than thirty-five hundred acres more have been leased on long time so that the club has under its authority about ten thousand acres, a part of which

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is under cultivation. This land was purchased at prices ranging from five to fifteen dollars per acre. Shares are worth about one thousand dollars each. The old members have paid into the treasury more than eight hundred dollars each. The current expenses for keeper of the club house, patrol, coal, boats, insurance, taxes, etc., amount to about two thousand dollars a year. The expenses are principally incurred, however, by continued improvements and purchases of land. Many of these improvements are of a substantial character-reducing the land to a state of cultivation; planting orchards, etc. There are on the property more than four thousand fruit trees, some of which are bearing.

A vigilant patrol guards the property against any infringement of the State laws or the rules of the club. The privilege of trapping fur is rented. Any person is allowed to fish in the waters belonging to the club with a hook and line, but seining or netting is rigorously prohibited. No one, not even members of the club, are permitted to engage in shooting of any kind between June 1 and September 15, except on a portion of woodland, where woodcock shooting is permitted to members.

Ever since the organization of the clubs their right to the exclusive privilege of shooting on the waters included within the limits of their several purchases has been a subject of dispute. A decision was finally reached by the supreme court in 1881, which disposes of the question of riparian rights against sportsman's rights, and is a decision of general interest, not only to the sporting clubs but to owners of property along all the water courses of the county. Under the Legislative act of May 5, 1877, it is provided that:

Whoever, having received verbal or written notice from the owner of enclosed or improved lands, or any lands the boundaries of which are defined by stakes, posts, ditches, or marked trees, his agent or

person in charge thereof, not to hunt thereon, shoots at, kills, or pursues with such intent, on such lands, any of the birds or game mentioned in sections twenty-seven, twenty-eight, or thirty of this chapter; and whoever shoots, kills, or pursues with such intent any of such birds or game on the lands of another on which there is set up in some conspicuous place a board, inscribed in legible English characters, thus: "No shooting or hunting allowed on these premises," or pulls down or defaces any such board, shall be fined, etc.

Among the birds or game mentioned are wild ducks.

John Shannon, on October 29, 1877, as it appears from the pleadings in the case, was duck shooting on the Sandusky River; between the centre of the stream and the shore owned by George G. Tindall. He shot and killed wild ducks swimming in and flying over the river, between the middle and the shore owned by Tindall, on whose complaint Shannon was arrested. Having been bound to appear and answer the charge in probate court, he was there tried, convicted, and sentenced. On the trial a bill of exceptions, containing all the testimony, was taken, and upon proceedings in error the common pleas court reversed the decision of the probate court. To this decision of the common pleas court the prosecuting attorney took exceptions, and sought the decision of the supreme court. The defence did not deny the shooting of ducks at the place charged in the complaint, but rested his case on the ground that the river at that place was a navigable stream, and therefore the riparian owner was not protected by this statute against shooting or killing game on land covered by water.

At the same term of the supreme court, in the case of June vs. Purcell, it was decided that the title of the riparian owner extended to the middle or thread of the stream. It followed, therefore, in Shannon's case, that the offence had been committed within the limits of Tindall's land, and was embraced within the literal mean-

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ing of the notice, "No hunting or shooting allowed on these premises."

The court held that while Shannon, was not guilty of trespass, a navigable stream being a public highway, he was guilty of a violation of the statute, insomuch as he had shot game on the property of another, contrary to notice. The purpose of the legislature in enacting this statute was to confer upon the owner of lands in this State the exclusive right to hunt and kill the designated game upon his own premises, and to protect him in such right, provided he complies with the prescribed conditions in regard to notice.

And in regard to notice, if the lands be "enclosed and improved," or if the boun- daries be "defined by stakes, posts, water courses, ditches, or marked trees," verbal or written notice not to hunt thereon, will bring the offender within the operation of the statute.

It was the decision of the court that where a water-course, for instance a navigable stream, constitutes the boundary, if the conditions of the statute with regard to notice have been complied with by the owner, all persons are bound to take notice that his lands extend to the middle of the water-course.

In regard to the claim that the statute was not intended to protect lands covered by the water of navigable streams, a majority of the court held that there was no ground upon which such lands should be excluded. They are as much the subject of private ownership as unnavigable streams. There is no distinction made between them by the terms of the statute. True, navigable streams in this State are declared public highways, but the right to use a public highway is not abridged by protecting the owner in the exclusive right of killing game therein. Travel and commerce are not thereby hindered. Since the power of the legislature to protect game, or the exclusive right of the owner of the land to kill the same on his own premises, is as ample over land covered by water; whether navigable or innavigable, as it is over dry land, and as there is no attempt to distinguish between them in the statute, all alike come within the protection of the statute.

The clubs took a special interest in this case, for upon its decision depended in an important measure the extent of their au- thority over a large hunting area, to secure which heavy purchases had been made.

BALLVILLE.

B ALLVILLE embraces all of township four, range fifteen, in the original survey, except so much of sections two, three and four as are included in the two mile square reservation now constituting the town of Fremont. The boundaries are: Sandusky and Fremont on the north, Jackson on the west, Seneca county on the south, and Green Creek township on the east.

The surface is generally level, but has a steep, general slope in a northerly direction, thus giving the streams a rapid current. The Sandusky River, the main drain of the central part of the county, enters from Seneca County, about two miles from the corner of Jackson, and flows almost due north until within about a mile of the Sandusky township line, where it takes an easterly direction for a distance of two miles, and then again bows to the north, leaving the township. Nearly the entire length of its course through this territory the water rushes over a bed of solid limestone, having a well-marked dip toward the north, making the stream shallow but rapid, affording excellent mill sites; and, on that account, as well as the natural drainage furnished by its deep channel, this river has been an important agent in developing the township.

The main tributaries to the Sandusky River are: Wolf Creek, a stream entering from Seneca county, near the line of Jackson township, and having a course of about two miles in this county; Sugar Creek, a small stream, flowing in a north-westerly direction, and draining the west-

ern part of the old Seneca reservation Bark Creek flows from south to north through the entire length of the township, and is the most important natural drain of the eastern portion of the area. Green Creek crosses the southeast corner.

The soil of the eastern part of this area is black muck, and when properly drained is very productive. The work of tiling began more than a decade since, and at present nearly the entire surface is capable of a high state of cultivation. The soil along the river on the west side is of a sandy character, and consequently dry. This condition led the Indians to locate their clearings and cornfields here, and at a later period invited the first white settlement.

Except these few Indian fields, the white emigrants found the whole township heavily timbered with oak, sugar, ash, and other trees common to this climate.

A MILITARY EPISODE.

The first road through the township was opened along the river from Lower Sandusky (Fort Stephenson) to the upper military posts. Along this road, on the present site of Oakwood cemetery, occurred an encounter between a squadron under command of Colonel Ball and a band of Indians, which is immortalized in the name of the township. Two days before Croghan's victory at Fort Stephenson, Colonel Ball's squadron was dispatched to guard the mail and military communications between Fort Seneca and Fort Stephenson. At the place above indicated an unexpected fire was opened upon the

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squadron by the Indians, who were con- cealed on the west side of the road. Quick action was required, and the Colonel ordered a charge without stopping to form his men. Ball himself led the advance and struck the first blow. The savage braves stood their ground, and fought to desperation. Two strong warriors opposed Ball's advance. He cut down the one on the right; as he passed the other made a blow with a tomahawk at his back, but a sudden spring of the horse caused it to fall short, and left it buried in the pad of the saddle. Corporal Ryan's prompt rifle prevented a repetition of the blow. Lieutenant Hedges (afterwards General Hedges of Mansfield), made a narrow escape in this skirmish. Mounted on a small horse he pursued a large Indian and just as he was about to strike, his stirrup broke, throwing him from his horse against his victim, knocking him down. Both sprang to their feet and engaged in a hand to hand combat. Hedges finally got the better of the Indian and struck him a blow on the head, and as he was falling buried the full length of the sword in the Indian's body. On another part of the ground Captain Hopkins was in full pursuit of a powerful savage, when the latter suddenly turned and made a blow at the Captain with a tomahawk, but his horse suddenly sprang to one side, thus saving his life. The Indian then struck at Cornet Hayes, who followed in the pursuit, but his horse saved him in like manner. This determined savage met his third combat-ant, Sergeant Anderson, by whose hand he lost his life. It is said the Indians numbered twelve, but one of whom escaped .* Colonel Ball reformed his men

*A published account of this affair says the Indians numbered twenty, seventeen of whom were killed. The statement in the text is on authority of general tradition.

ready for a charge, expecting to meet a formidable force of Indians at any point, but the squadron reached the fort without further molestation. A large elm tree on the site of the skirmish for many years marked the spot, and eleven hacks through the bark recorded the number of Indians killed. The place has ever since been known as "Ball's battle ground," and the town was not inappropriately named in honor of the heroic Colonel.

THE SENECAS.

Indian history and tradition clusters along the east bank of the Sandusky River for a considerable distance below the Seneca county line. The various treaties with these original owners of the soil have already been fully detailed, but it is proper that a few of the scenes and incidents with which the early settlers of our soil were familiar should be reproduced for the entertainment and instruction of the present and future generations.

The Senecas of Sandusky were a mixed tribe, composed of the remnants of the tribes of Northern and Western New York-the Wyandots, Tuscarawas, and others. At. the time they became known to our early permanent settlers they were, in some instances, indolent and dissolute in their habits. They were rather depraved than otherwise by intercourse and trade with the whites. They had cleared some of the dry land along the river and raised corn, which was mostly traded for whiskey at the backwoods distilleries, the art of distilling being unknown to them. In their intercourse with the settlers they were always friendly, but drunken quarrels and fatal jealousies not infrequently disturbed the peace of their own state. Witchcraft was an unpardonable sin, and punishable by death. Here, as in the more bigoted ages of the world among so-called civilized people, many cold-blooded murders were committed, in the name of

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punishment for this felony. Both the witch and the bewitched were held guilty. Important trials were held at the council house, which stood near the bank of the river, on the farm lately owned by Mrs. Harriet Seager, now owned, by Mr. Myers. This was also the place of their tribal meetings and religious ceremonies.

There was among them a tall, noble- looking man, whose full head of pure white hair gave him the name of "White-head George." He was, in his younger years, a man of good habits and industrious, but his squaw, whose hair was also whitened by age, became excessively intemperate. Old White- head for a few years contemplated the ruin of his happiness with sadness, but finally lost spirit and joined his consort in a life of dissipation. To see one of their most worthy and venerable men habitually in the depths of drunkenness grieved the great men of the tribe, who knew enough of the tradition of Adam's fall to adjudge Whitehead's squaw the cause of his ruin. A council was called and the squaw declared to be possessed of a witch. A sentence of death was executed with a tomahawk in presence of her husband, who was deeply grieved. The short remaining period of his life was spent in licentiousness and drunkenness.

Virtue was at a very low stage among the Senecas. They maintained in name only the marriage relation, and their free practices led to many quarrels and difficulties of a serious character.

The burying-ground was nearly opposite the mouth of Wolf Creek. Great numbers were probably buried here. An old citizen of the township relates that after the removal of the tribe to their Western reservation, he, in company with George Moore, was riding over the spot, and the feet of their horses, at places, sank into cavities caused by the decay of bodies.

Among the Indians was one named Seneca John, who bore a good reputation in the white settlements. He was the youngest brother of Comstock, a principal chief of the tribe. John maintained his credit at the trading posts, and often went security for the more improvident members of his tribe. He was a gentle, peace-loving man, but was the victim of brotherly jealousy. The cold- blooded, unprovoked murder of this worthy red-skin is told by Henry C. Brish, the sub- agent of the Government at this station. The cabin of the chief, Hard Hickory, where the deed was executed, stood north of Green Spring, in Green Creek township.

About the year 1825, Coonstick, Steel, and Cracked Hoof left the reservation for the double purpose of a hunting and trap-ping excursion, and to seek a location for a new home for their tribe in the far West. At the time of their starting Comstock, the brother of the two first, was the principal chief of the tribe. On their return, in 1828, richly laden with furs, and having many horses, they found Seneca John, their fourth brother, chief, in place of Comstock, who had died during their absence. Comstock was the favorite brother of the two, and they at once charged Seneca John with causing his death by witchcraft. John denied the charge in a stream of eloquence rarely equaled. Said he: "I loved my brother Comstock more than I love the green earth I stand upon. I would give up my-self limb by limb, piecemeal by piecemeal - I would shed my blood drop by drop to restore him to life." But all his protestations of innocence and affection for his brother Comstock were of no avail. His two other brothers pronounced him guilty, and declared their determination to be his executioners.

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History of Sandusky County Ohio with Illustrations 1882, Part 87

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