History of Shelby County, Ohio, and representative citizens, Part 14

Author: Hitchcock, Almon Baldwin Carrington, 1838-1912
Publication date: 1913
Publisher: Chicago, Ill. : Richmond-Arnold Pub. Co. ; Evansville, Ind. : Unigraphic Inc.
Number of Pages: 980


USA > Ohio > Shelby County > History of Shelby County, Ohio, and representative citizens > Part 14


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GAMBLE AND MARSHALL, Commissioners.


December 3, 1832. Commissioners present : Samuel Gamble, Samuel Marshall, and John Francis ; also, Thos. W. Ruckman, Clerk.


Ordered that a new township be created, beginning at the southwest corner of town. 8, in the Piqua Land District, on the old boundary line at the range line dividing ranges 5 and 6; thence north with the said range line to the north line of Shelby county ; thence east on the Shelby and Allen line to range line dividing ranges 6 and 7: thence south with the said range line to the old boundary line; thence west with said boundary line to the place of beginning : and further, that all included in the above described bounds be organized into a township under the name of Dinsmore.


Ordered also that the inhabitants of said township meet at the house of Joseph Green on the 25th day of December, inst., for the purpose of elect- ing township officers according to law : and further-


Ordered that the electors of the original surveyed township No. 7 south, range 6 east, in the Piqua Land District, meet at the house of Joseph Green on the 25th of December, inst., and then and there elect three trustees and one township treasurer for the original surveyed school section of said town- ship.


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March 30, 1833. At a special meeting of the commissioners for the purpose of receiving the new court house on the contract entered into by Charles Bush, Wm. Doak, and George D. Leckey, contractors for building said new court house, present, full board.


The board received the new court house as being built according to contract, with the exception of the moulding around the doors and windows, and the glazing of the sash above the doors. The moulding to be put on and the sash to be glazed on or before the Ist day of August next.


The board contracted with Charles Bush and Win. Doak to put on the base around the brick wall, above and below, at two cents per foot; and also pay said Bush and Doak the customary price for the materials. The said Bush and Doak agree to have said work completed on or before the Ist day of August next, and take county paper in payment.


The board order that the auditor issue orders on the treasurer to the contractors for the building of the new court house to the amount of the balance on the contract.


SAMUEL GAMBLE, JOHN FRANCIS, ROBERT HUSTON, Commissioners.


Attest, WM. MURPHY, Clerk.


May 12, 1833. At a special meeting of the commissioners for the purpose of receiving the cupola built on the new court house in the town of Sidney upon the contract entered into by John Niswonger as contractor for building said cupola : the board received the cupola as being built according to con- tract, and also allow the said contractor $9.50 for extra work on said cupola, and for hindrance of the hands at court in May, 1833.


The board orders that the auditor issue orders on the treasurer to the amount of $204.50 (to the contractor), said sum being the amount due for building said cupola.


Attest. WM. MURPHY.


SAMUEL GAMBLE, JOHN FRANCIS, Commissioners.


At a session held June 4, 1833, the board allowed the contractors for the building of the court-house their account for extra work done to said court- house, and for forty-three panes of glass-said account amounting to forty- six dollars and seventy-five cents in full.


December 2, 1833. Present : Samuel Gamble, John Francis, Wm. W. Cecil, and Wm. Murphy, clerk. The board of commissioners, upon being petitioned to erect a new township, ordered that a new township be created, bounded as follows, to wit: beginning at the place where the Indian boun- dary line intersects the east boundary line of Shelby county ; thence north with said east boundary line of Shelby county to the county line between Shelby and Allen counties; thence west with the line between said counties to the


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HISTORY OF SHELBY COUNTY


place where the east boundary line of Dinsmore township intersects said boundary line between Shelby and Allen counties; thence south with said east boundary line of Dinsmore township to the place where said east boundary line of said township intersects the Indian boundary line; thence easterly with said Indian boundary line to the place of beginning; and further, that all included in said bounds be organized into a township under the name of Jackson.


The board orders that the inhabitants of said new township meet at the house of Andrew Naggle in said township, on the 25th day of December inst. for the purpose of electing township officers for the said township of Jackson, according to law.


March 3, 1834. Present : Samuel Gamble, John Francis, Wm.'WV. Cecil, and Wm. Murphy, auditor.


The board being satisfied that it is necessary to erect a new township, and being petitioned for that purpose, they proceeded to erect a new township of the following bounds, to wit: beginning at the county line between Darke and Shelby county where the old Indian boundary line (made at the Green- ville treaty in 1795) intersects said county line, and running thence with said Indian boundary line in an easterly direction to the southeast corner of section 8 in town. 8 south, range 5 east; thence north with the section line to the county line between Shelby and Allen counties; thence west with said line to the northwest corner of Shelby county; thence south and west with the west boundary line of Shelby county to the place of beginning; and the board order that said township be known and designated by the name of McLean: and the board do further order and direct that notice be given (by advertise- ment, according to law) to the electors of said township to meet at the house of Hezekiah Hubble on the first Monday of April next, for the purpose of electing township officers for said township.


December 1, 1834. The board received a petition signed by sundry per- sons, to the number of seventeen, praying for the setting off of a new town- ship of the following bounds, to wit: commencing on the old Indian boun- dary line at the southeast corner of McLean township; thence east with said line to a point so as to take one tier of sections off the west side of range 6: thence north to the Allen county line; thence west to the northeast corner of McLean township; thence south to the place of beginning: and the board being satisfied that legal notice of the presentation of said petition has been given, and that said petition was signed by a majority of the householders residing within the boundary of the said proposed new township; and believ- ing it necessary to erect said township, they therefore order that said new township as described and bounded as aforesaid, be set off and known by the name of Van Buren: and the board do further order and direct that notice be given (by advertisement, according to law) to the electors of said town- ship, to meet at the house of Moses E. Baker, in said township, on the Ist day of January, 1835, for the purpose of electing township officers.


June 5, 1837. The board convened. Present : A. K. Hathaway, James G. Guthrie, and Wm. Murphy, auditor.


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The board of commissioners received a petition praying for the following alteration in Perry township, to wit: to attach the whole of fractional town- ship No. 1, in range 14, which is in Perry township, to Salem township; and, the board being satisfied that said petition was signed by a majority of the householders residing within the boundaries of said proposed alteration, and also that 30 days' previous notice of the presentation of said petition had been given, the board therefore makes the alteration as prayed for in said petition, by attaching to Salem township all of fractional township number one, range fourteen, which is in Perry township.


June 6, 1837. The board proceeded to estimate the annual income of each of the practising lawyers and physicians residing in Shelby county, as returned in the assessor's list in 1837, and to charge a tax on each according to his income, as follows, to wit :-


Practising Lawyers .- Patrick G. Goode, income, $1200; tax, $4. Joseph S. Updegraff, income, $1200: tax, $4. Wm. J. Martin, income, $300; tax, $1.


Practising Physicians .- Ezekiel Thomas, income, $1200; tax, $3. H. S. Conklin, income, $600; tax, $1.50. Nathan Updegraff. income, $600; tax, $1.50. L. K. Milton, income, $800: tax, 2. Julius Deppe, income, $1200; tax, $3. S. B. Musselman, income, $400: tax, $1. Levi Houston, income, $400 : tax, $1. James H. Stewart, income, $1000; tax, $2.50.


March 5. 1838. Board convened. Present: A. K. Hathaway, J. G. Guthrie, Wm. M. Flinn, and Wni. Murphy, auditor.


The board received a petition praying for the following described altera- tion in Orange township, to wit: to strike off from Orange township all of fractional section 9. town. 1, range 13, and attach the same to Clinton town- ship : and the board being satisfied that said petition was signed by a major- ity of the householders residing within the boundaries of said proposed altera- tion, and being also satisfied that legal notice of the presentation of said peti- tion had been given, and the board believing that it was necessary to make the proposed alterations, did therefore order that fractional section No. 9, town. 1, range 13, be stricken off from Orange township, and attached to and included in the bounds of Clinton township.


June 5, 1838. The board, together with the auditor, estimated the annual income of each of the practising lawyers and physicians residing in Shelby county, as returned by the assessor in 1838, and charged a tax on each as follows :


Practising Lawyers .- P. G. Goode, income, $960; tax, $4. J. S. Upde- graff, income, $1200; tax, $5. J. S. Conklin, income, $960; tax, $4. Wm. J. Martin, income, $600; tax, $2.


Practicing Physicians .- Ezekiel Thomas, income, $1200; tax, $4. H. S. Conklin, income, $1200; tax, $4. James H. Stewart, income, $900; tax, $3. Robert C. Johnston, income, $1200; tax, $4. A. Sanborn, income, $600; tax, $2. Levi Houston, income, $1200; tax, $4. Julius Deppe, income, $900; tax, $3. S. B. Musselman, income, $300; tax, $1. Peter Julian, income, $300; tax. $1. Lewis A. Davis, income, $600; tax, $2.


December 3. 1838. The board received a petition praying for the follow-


-


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ing described alteration in Orange township, to wit: to strike off from said township the north half of section 3 in town. I, range 13, and attach the same to Clinton township; and the board being satisfied that said petition was signed by a majority of the householders residing within the boundaries of said prayed alteration; and being also satisfied that legal notice of the presen- tation of said petition had been given, and the board being of opinion that it was necessary to make said proposed alteration, did therefore order that the said north half of section 3 in town. I, range 13, be stricken off from Orange township, and attached to and included within the bounds of Clinton township.


June 4. 1839. The board together with the auditor, estimated the annual income of each of the practicing lawyers and physicians residing in Shelby county, as returned by the assessor of said county in 1839, and assessed a tax on each as follows, to wit :-


Practising Lawyers .- Joseph S. Updegraff, income, $1440; tax, $3. Jacob S. Conklin, income, $1440; tax, $3. Patrick S. Goode, income, $3440; tax, $3. Wm. J. Martin, income, $960; tax, $2. John H. Ryers, income, $720; tax, $1.50.


Practising Physicians .- Julius Deppe, income, $960; tax, $2. W. L. M. Le Fevre, income, $480; tax, $1. Lewis A. Davis, income, $480; tax, $1. Samuel B. Musselman, income, $240; tax, 50 cents. Park Beaman, income, $720: tax, $1.50. William Fielding, income, $1200; tax, $2.50. Ezekiel Thomas, income, $1 200; tax. $2.50. Henry S. Conklin, income, $1200; tax, $2.50. Horace C. Mann. income, $960; tax, $2. James H. Stewart, income, $720; tax, $1.50. Robert C. Johnston, income, $1200; tax, $250. Levi Houston, income, $1200; tax, $2.50. Peter Julian, income, $240; tax, 50 cents. Wm. C. Ayers, income, $480 ; tax, $1.


June 1. 1840. The board, together with the auditor, did estimate the annual income of each of the practising lawyers and physicians residing in Shelby county, as returned and listed by the assessor and deputy assessors of said county in 1839, and did assess a tax on each as follows, to wit :-


Practising Attorneys .- J. S. Updegraff, income. $1440; tax, $3. J. S. Conklin, income, $1440: tax, $3. Patrick G. Goode, income, $1440; tax, $3. William J. Martin, income, $960; tax, $2. Wm. Armstrong, income, $720; tax, $1.50.


Practisiny Physicians .- Ezekiel Thomas, income, $1200; tax, $2.50. Henry S. Conklin, income, $1200; tax, $2.50. \'m. Fielding, income, $1200; tax, $2.50. Robert C. Johnston, income, $1200; tax, $2.50. Levi Houston, income, $1200; tax, $2.50. Julius Deppe, income, $960; tax, $2 Horace C. Mann, income, $960; tax, $2. T. V. W. Young, income, $960; tax, $2. Park Beaman, income, $720: tax, $1.50. Lewis A. Davis, income, $480; tax, $1. Samnel B. Musselman, income, $240; tax, 50 cents.


June 6, 1843. Practising Physicians .- R. C. Johnston, N. Updegraff, H. S. Conklin, James Stewart, P. Beaman, Wm. Fielding, E. Thomas, H. C. Mann, W. V. Cowan, M. Zitzler, -- Ewing. S. B. Musselman, A. Moyze, L. A. Davis, J. H. Drum, J. Deppe, - Duffengweller, - Little, O. H. P. Baer, L. Houston, C. Emerson, A. C. Bliss.


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Attorneys .- J. S. Conklin, R. C. Poland, J. H. Byers, Edward Smith, B. F. Metcalf, W. J. Martin, J. S. Fry.


1846. Practising Attorneys .- J. H. Byers, Wm. J. Martin, J. S. Conk- lin, B. F. Metcalf, P. G. Goode, R. C. Poland, E. D. Smith.


Practising Physicians .- P. B. Beaman, R. C. Johnston, H. S. Conklin, H. C. Mann, Wm. Fielding, H. S. Stewart, N. Updegraff, O. H. P. Baer, WV. C. Cowan, Charles Emerson, L. Houston, P. Julian, Jno. C. Leedom, - J. Deppe, L. A. Davis, S. B. Musselman, A. Moyze, A. W. Pinkerton, Wm. Manson, M. Zitzler, John Little.


March 5, 1845. The board made final settlement with James Blair, con- tractor for the building of the jail, per John W. Carey, sub-contractor, when it was found that a balance of $52.50 was due said contractor on the original contract and supplemental contracts for extra work performed, which made an aggregate cost of $3.750.18, inclusive of said balance due of $52.50.


June, 1846. Under section 20 of an act for levying taxes on all property in the state according to true value, passed March 2, 1846, the full board and auditor present, proceeded under said law to divide the county into districts as follows: District No. I to include Orange, Green, Perry, and Salem town- ships. No. 2 to include Clinton, Turtle Creek, Franklin, Dinsmore, and Jack- son townships. No. 3 to include Washington, Loramie, Cynthian, McLean, and Van Buren townships.


Assessors were appointed as follows: Ist district, David Buchanan; 2d district, Samuel A. Croy : 3d district, Elijah Stoker. The per diem allowance of assessors was fixed at $1.50.


It was ordered, under provisions of "An act to authorize county commis- sioners of the state to lay out and establish state roads," passed February 27, 1846, that all free turnpike roads within the county of Shelby be and are hereby declared to be changed into state roads, to be constructed and repaired as other state roads are by law constructed and repaired.


October 30, 1848. Under "An act for incorporating the Bellefontaine and Indiana Railroad Company," passed February 25, 1848, an election was held on the second Tuesday of October, 1848, to vote for or against the sub- scription for capital stock in said road.


The returns of said election showed that 1659 of the qualified voters at said election voted for said subscription, and 350 voted against it, being a majority of 1309 in favor thereof.


The board then proceeded, agreeably to the will of the people of said county thus expressed, to subscribe the amount of $50,000 to the capital stock of said road as the law provided; and the auditor, Andrew Waucop, was directed to subscribe the same on the books of said company.


Lowman, Dill, and Marshall, commissioners; Waucop, auditor.


March 6, 1850. A petition was received from citizens of Cynthian town- ship, praying for the following alterations in said township, to wit: That fractional section 34, in town. 12, range 4 east ; also sections 1, 2, 3, 10, II, and 12 in town. 11, range 4 east ; also fractional section 35 in town. II, range 5 east ; also sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 in town. 10, range 5 east, 8


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be attached to McLean township in said county ; and the board being satisfied that said petition was signed by a majority of the householders residing in the bounds of said proposed alteration, also that thirty days' notice of the presentation of said petition had been given, do order and direct that the alteration as prayed for be granted, and that the above described territory be attached to McLean township for all civil purposes.


April 9. 1850. Under an act entitled "An act to authorize the commis- sioners of Shelby county to subscribe stock in the Bellefontaine and Indiana Railroad Company," $60,000 was subscribed by the board.


Abstract of votes cast for and against the subscription of $60,000 to the capital stock of the Bellefontaine and Indiana Railroad : election held April I, 1850.


Townships


For Against Subscription Subscription


Clinton


319


5


Turtle Creek


118


6


Washington


74


66


Loramie


108


4


Cynthian


109


26


Orange


105


36


Green


78


77


Perry


102


12


Salem


39


193


Dinsmore


49


21


Jackson


35


74


McLean


34


29


Van Buren


27


16


Franklin


97


18


1294


583


Being a majority of 711 in favor of capital stock.


December 6. 1850. The board authorized the council at Sidney to erect a market-house in the northeast corner of the public square, said building to front on Poplar and Main streets, and to be a good substantial brick, at least as large as the one at Piqua.


June 9, 1852. Under the act of April 13, 1852, providing for the assess- ment and taxation of property, the county was divided into four districts, as follows: First district to embrace Clinton, Orange, Green, and Perry town- ships. Second, to include Washington, Loramie, and Cynthian townships. Third, to embrace Turtle Creek, Van Buren, and McLean townships. Fourth, to embrace Salem, Jackson, Dinsmore, and Franklin townships.


December 8, 1852. The board being satisfied by the testimony of John C. Elliott, of Jackson township, that there are more than twenty legal voters residing in the original town. 7 south, range 7 east, in Shelby county, it is ordered and directed that an order be issued, requiring the qualified electors


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residing in said original township to meet at some place as near the centre of said township as is convenient (five days' notice having been given) for the purpose of electing three trustees and one treasurer, to perform all and singu- lar the duties of trustees and treasurer as pointed out by law.


April 8, 1835. Election ordered in original town. 2, range 12, M. R. S., situate in Shelby and Miami counties, to be held at some place near the centre of the township, for the election of three trustees and one treasurer, under act of March 14, 1831.


September 5, 1853. The board sold six hundred shares of Bellefontaine and Indiana Railroad stock to the incorporated village of Sidney for $30,000 in village bonds, to be issued under the act incorporating the D. & M. R. R. Co., said bonds to bear interest at the rate of seven per cent, and be redeem- able March 15, 1865.


January 26, 1854. Sold $10,000 worth of B. & I. R. R. stock to the trus- tees of Clinton township, to be paid for in township bonds.


March 6. 1855. Joseph Elliott presented the following petition: To the commissioners of Shelby county, Ohio. Your petitioners, inhabitants of sec- tions 31, town. 6 south, range 6 east, sections 6, 7, 18, 19, and 30, town. 7 south, range 6 east, of Van Buren township, would respectfully represent that that public convenience and wants require that the above-named sections be attached to Dinsmore township; also to attach sections 31, town. 7 south, range 6 east, and section 6, town. 8 south, range 6 east, to Franklin township. This petition was granted.


March 7, 1855. A petition was granted attachinng sections 31 and 32, town. 6 south, range 5 east ; also sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32, town. 7 south, range 5 east, to Van Buren township; also attaching sections 1, 2, 3, 4, and so much of 9, 10, 11, and 12, as belongs to Van Buren in town. 8 south. range 6 east, to Turtle Creek township.


COMMON PLEAS COURT MINUTES


May term, beginning May 17. 1819. Court at Hardin. Present: Honor- ables Joseph H. Crane, president ; Robert Houston, Samuel Marshall, and Wm. W. Cecil, associate judges.


Harvey B. Foote was appointed clerk of the court pro tempore, and gave bond in the sum of two thousand dollars, with Daniel V. Dingman and Samuel Stewart his sureties, approved of by the court, and took the oath of office, and the oath to support the constitution of the State of Ohio and that of the United States.


Henry Bacon was appointed by the court prosecuting attorney for Shelby county.


The court order that an election be held according to law in Turtle Creek township, for the election of an additional justice of the peace for that town- ship.


Monday, May 17, 1819. The court grant a license to Teagle Trader to keep a store in Perry township, on his paying into the county treasury the sum of ten dollars.


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License also granted to Robert Aldrich & Co. to keep a store in Turtle Creek township, on the payment of ten dollars.


On petition and proof of publication the court grant a license to Hezekiah Stout to keep a tavern at his house in Hardin for one year, on his compliance with the law.


The court then adjourned without day.


Signed, JOSEPH H. CRANE.


Shelby county, court of common pleas of September term, 1819. Monday, September 13, 1819. Present : Honorable Joseph H. Crane, president ; Robert Houston, Samuel Marshall, and Wm. W. Cecil, associate judges. Harvey B. Foote, clerk pro tempore. Daniel V. Dingman, sheriff. Henry Bacon, prosecuting attorney.


The sheriff returned the following venire to serve as grand jurors: John Francis, foreman: John Manning, James Lenox, Joseph Mellinger, Conrad Ponches, Zebediah Richardson, Joseph Steinberger, Henry Hushan, John Stevens. Archibald De Frees, Cephas Carey, Peter Musselman, John Bryant and Richard Lenox.


John Kennard, who was summoned, not appearing, the sheriff was ordered to fill the panel from the bystanders, whereupon Abraham Davenport was sum- moned, who, with the jurors aforesaid, was sworn and charged, and retired to perform the duties assigned them by the court.


Monday, September 13, 1819. Thomas McClish and James Wells appeared and surrendered Hugh Scott to court, for whom they were bonds- men, and the recognizance was therefore declared void.


Application being made for the appointment of an administrator for the estate of Robert Hardesty, deceased, Nancy Hardesty is appointed with James Marshall and Jacob Wise as her security, to give bonds in the sum of four hundred dollars. Administratrix was sworn in open court. The court also appointed John Houston, John Wilson, and Conrad Ponches as appraisers of said estate.


Jacob Wise was appointed guardian of Elizabeth Philips, aged nine years, Mary Philips, aged eight years, Wm. Philips, aged seven years, and George Philips, aged six years, minor heirs of George Philips, deceased; the bond of one hundred dollars was given, with Leonard Danner as security.


Monday, September 13, 1819. Criminal docket.


State of Ohio vs. Hugh Scott. Taken before A. Harkness, Esq., and held in $300. Recognized to answer.


State of Ohio vs. Thomas Driver and Wm. Underwood. Recognized to testify in sum of $100. Taken before A. Harkness, Esq.


State of Ohio vs. Rebecca Gerrard. Recognized to answer. Taken before James Lenox. Esq., in $100.


State of Ohio vs. Harvey Sturms. Recognized to testify. Taken before James Lenox in $50.


State of Ohio vs. Rebecca Gerrard. Indicted for larceny. Plea of not guilty.


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Thomas Driver being three times called, and failing to appear, his recog- nizance is therefore forfeited, $100.


State of Ohio vs. Rebecca Gerrard.


There having been no jurors returned from the proper offices of the dif- ferent townships to serve as jurors as appears to this court, it is ordered that a venire issue, commanding the sheriff to summon twelve good and lawful men to try the issues aforesaid; the sheriff thereupon returned that he had summoned Thomas Hurley, Wm. Cecil, Wm. Berry, Benjamin Blankinship, John Craig, Nathan Coleman, Robert Aldrich, Jacob Wise, James Crossman, Alexander Miller, and Elisha Courtland, who being duly elected, tried, and sworn, say upon their oaths that the defendant is guilty in manner and form as she stands indicted.




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