USA > Ohio > Sandusky County > History of Sandusky County, Ohio : with portraits and biographies of prominent citizens and pioneers > Part 88
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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 cut- ting 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 sub- ject of sporting. The marsh and adjoin- ing 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 Smithnight, of Cleveland. He camp- ed 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 pur- chasing 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. Hunting- ton, and Charles Pease, executive com- mittee.
In 1879 the association was incorpo- rated under the name of Ottawa Hunting and Fishing Club. The by-laws of the association limit the number of members to one hundred. No member is permit- ted 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 pur- chased at different times in Rice and Riley townships and in Ottawa county, the whole amounting now to about six thou- sand 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 pur- chased at prices ranging from five to fif- teen 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 princi- pally incurred, however, by continued im- provements and purchases of land. Many of these improvements are of a substan- tial 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 allow- ed 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 permit- ted to engage in shooting of any kind be- tween June I 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 trces, 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 twen- ty-seven, twenty-eight, or thirty of this chapter ; and whoever shoots, kills, or pursueswith 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 mid- dle 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 proceed- ings in error the common pleas court re- versed the decision of the probate court. To this decision of the common pleas court the prosecuting attorney took excep- tions, and sought the decision of the su- preme 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 ri- parian 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 de- cided that the title of the riparian owner extended to the middle or thread of the stream. It followed, therefore, in Shan- non's case, that the offence had been com- mitted 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 prem- ises, and to protect him in such right, pro- vided 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 nav- igable 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 ma- jority 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 de- clared public highways, but the right to usea 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 distin- guish between them in the statute, all alike come within the protection of the stat- ute.
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.
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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 direc- tion, thus giving the streams a rapid cur- rent. The Sandusky River, the mair. drain of the central part of the county, enters from Seneca county, about two miles from the corner of Jackson, and flows al- most 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 ter- ritory 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 enter ing 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 reservat on 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 settle- ment.
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 roa rough 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, oc- curred 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 be- fore Croghan's victory at Fort Stephenson, Colonel Ball's squadron was despatched to guard the mail and military communica- tions between Fort Seneca and Fort Stephenson. At the place above indicated an unexpected fire was opened upon the
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HISTORY OF SANDUSKY COUNTY.
squadron by the Indians, who were con- cealed on the west side of the road. Quick action was required, and the Colo- nel ordered a charge without stopping to form his men. Ball himself led the ad- vance and struck the first blow. The savage braves stood their ground, and fought to desperation. Two strong war- riors 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 sad- dle. Corporal Ryan's prompt rifle pre- vented a repetition of the blow. Lieu- tenant 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 pur- suit 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 es- caped .* Colonel Ball reformed his men
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 repro- duced for the entertainment and instruc- tion 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 dis- turbed 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
* A published account of this affair says the In- dians numbered twenty, seventeen of whom were killed. The statement in the text is on authority of general tradition.
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HISTORY OF SANDUSKY COUNTY.
punishment for this felony. Both the witch and the bewitched were held guilty. Im- portant 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 industri- ous, but his squaw, whose hair was also whitened by age, became excessively in- temperate. Old White-head for a few years contemplated the ruin of his happi- ness with sadness, but finally lost spirit and joined his consort in a life of dissipa- tion. 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 tradi- tion of Adam's fall to adjudge White- head'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 licentious- ness 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 diffi- culties of a serious character.
The burying-ground was nearly oppo- site 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 mem- bers 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 Gov- ernment 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 equalled. 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 protesta- tions 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.
John replied that he was willing to die, and only wished "to see the sun rise once
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more." This request was granted, and John told them that he would sleep that night on Hard Hickory's porch, which fronted the east, where they would find him at sunrise. He chose that place be- cause he did not wish to be killed in the presence of his wife and children, and be- cause he desired that the chief, Hard · Hickory, should witness that he died like a brave man.
Coonstick and Steel returned for the night to an old cabin near by. In the morning, in company with Shane, another Indian, they proceeded to the house of Hard Hickory, who informed Mr. Brish of what there happened.
He said a little after sunrise he heard their footsteps upon the porch, and opened the door just enough to peep out. He saw John asleep upon his blanket, and Coonstick, Steel, and Shane, standing around him. At length one of them awoke him. He arose to his feet and took off a large handkerchief which was around his head, letting his unusually long hair fall upon his shoulders. This being done he looked around upon the landscape, and at the rising sun, to take a farewell look of the familiar scene which he was never again to behold, and then told them he was ready to die. Shane and Coonstick each took him by the arm, and Steel walked behind. In this way they led him about ten steps from the porch, when Steel raised his malicious tomahawk and struck him a heavy blow on the back of the head. John fell to the ground, bleeding freely. Supposing the blow fatal they dragged him under a peach tree near by. In a short time, however, he recovered, the heavy matting of hair having arrested the tomahawk. Knowing - that it was Steel who had struck him, John, as he lay on the ground, turned his face toward Coonstick and said: "Now, my brother, take your revenge." Coonstick i
was already repentent, and the composed face and forgiving remark of John so greatly affected him that he interposed to save his brother; but so enraged was the envious Steel that he drew his knife and cut John's throat from ear to ear. Seneca John was buried with the usual Indian ceremonies on the following day, not more than twenty feet from where he fell. His grave was surrounded by a small picket enclosure. "Three years after," says Mr. Brish, "when I was preparing to move them (the Senecas) to the far West, I saw Coonstick and Steel remove the picket fence and level the ground, so that no vestige of the grave remained." There could be no better evidence that both the brothers were ashamed of their crime.
Coonstick was arrested on charge of murder and brought before the supreme court at Lower Sandusky. Judge Higgins decided that the act came completely within the jurisdiction of the tribe, and that Coonstick, as chief, was justified in the execution of a judicial sentence, and was the proper person to carry it into effect. The case was dismissed and the accused discharged.
Sardis Birchard, in Knapp's History, says :
I remember well the death of Seneca John. He was a tall, noble looking man, and is said to have looked much like Henry Clay. He was always pleasant and cheerful. He was called the most elo- quent speaker on the reserve. He could always re- store harmony in their council when there was any ill feeling. In the evening before the morning of his death he was at my store. The whole tribe seemed to be in town. Steel and Coonstick were jealous of John, on account of his influence and power. John was a great favorite among the squaws. John bade me "good-bye," and stood by me on the porch as the other Indians rode away. He looked at them with so much sadness in his face that it attracted my attention, and I wondered at John's letting them go away without him. John inquired the amount of in- debtedness at my store. We then went behind the counter to the desk. The amount was figured up and stated to John, who said something about pay- ing it, and then went away without relating any of the trouble.
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HISTORY OF SANDUSKY COUNTY.
An old settler of Seneca county, in giv- ing his recollections of these Indians, says :
The Indian tribes here at the time of the first set- tlement of the whites were the Senecas, Cayugas, Oneidas, and Mohawks. The Senecas-the most numerous-and Cayugas occupied the lower part; the Mohawks and Oneidas the upper part of the res- ervation, which was nine miles north and south and six miles east and west, on the east side of the San- duskv River. The land was held in joint stock, and each had the privilege of making improvements as he wished. They numbered seven hundred, and were not bad in general character, but friendly and kind when not maddened by whiskey and well treat- ed. They had a strong passion for whiskey. I have known them to offer two or three dollars' worth of goods for a quart of whiskey, and when intoxicated would give anything they possessed for it.
They depended largely upon hunting for subsist- ence, in which they began, when children, by shoot- ing fish and small game with the bow. Most of the Indians and squaws cultivated each a small piece of land varying from a half to two acres, which thev formerly did with a hoe, but seeing us use the plow and the amount of labor saved thereby, concluded to change their custom. Seeing two Indians plow- ing on the other side of the river one day, I crossed over, and discovered them going the wrong way over the land, throwing the furrow in, and next time running inside of it, and then another which they thought very well, until I turned them the other wav, and gave them a little instruction which they thank- fully received. They raised a soft corn which they pounded into meal, and used to thicken soup.
They had much idle time which they liked, the children spending it in shooting, the old people in smoking from pipes made in the heads of tomahawks with an adjustable stem. They smoked the sumac leaves dried and pounded, which gave a pleasant odor.
The young Indians had a love for sports. Their chief game was ball-a game in which ten or twelve on a side engaged. The ground was marked off in a space of about sixty rods, the' centre of which was the starting point. Each player had a staff about five feet long, with a bow made of raw hide on one end, with which to handle the ball, as no one was allowed to touch it with his hands. At the commencement the ball was taken to the center between two of the staffs, each pulling toward his outpost. The strife was to get the ball beyond the outpost which counted one for the successful side. Once out, the ball was taken back to the centre, and the contest repeated. The squaws and older Indians were the witnesses of these sports, and added zest by their cheers.
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