USA > Ohio > Highland County > The County of Highland : a history of Highland County, Ohio, from the earliest days, with special chapters on the bench and bar, medical profession educational development, industry and agriculture and biographical sketches > Part 13
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The second term of the court began on the 11th day of June, 1806, sitting upon a puncheon bench in the shade of a mighty oak, and its most memorable event was the "contempt" of Andrew Badg- ley. The story of Badgley's contempt of court is told by J. B. Fin- ley in his pioneer sketches of early Methodism, in a graphic man- ner. "Capt. Andrew Badgley was a Kentuckian, who came to Ohio about the time it was organized under the constitution, and settled on Whiteoak. He was a very strong and active man, and wild and bold as he was physically powerful, particularly when he had been drinking whisky, as was frequently the case when away from home. On this occasion he was called before the court as a witness in a case. He took the stand, after being sworn, and commenced his statement, but it was too remote from the point to please the counsel, and he rather rudely, as Badgley thought, stopped him, and requested him to tell what he knew about the matter in issue. Badgley, a little riled, resumed the same roundabout narrative of the circumstances, introductory, as he intended it, to the main point. Again the coun- sel stopped him, but Badgley by this time had his blood up, and he determined to go through with his story. The lawyer appealed to the court, who commanded the witness to stop and take his seat. Badgley stood a moment boiling with rage, eyeing the court, and then remarking in a loud and angry tone, "This is the d-dest dis- trict court I ever saw, and I won't stay in it. You summons a man before you, and swear him to tell the truth, the whole truth, and nothing but the truth, and then you won't let him tell it." As he
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uttered the last word he strode out of the crowd collected around the court with an air and mien as lofty as a knight of the Middle Ages. The court was perfectly astounded, and the president judge could not at first find utterance for his wrath. When his Honor was able to order the sheriff to arrest that man instantly, the hot headed captain was already under whip, on a splendid Kentucky gelding swift as the wind, and was out of sight in a moment. There were, however, many horses hitched around among the bushes, which formed the outer boundary of the court room, and the sheriff, Major Franklin, ordered some ten or fifteen men to accompany him. They mounted in hot haste and gave chase, for in those days the Highlanders held the majesty of the law in great respect, but they were left far behind, and when they arrived in the vicinity of Badg- ley's cabin, some ten miles distant, they met a neighbor, who informed them that Badgley had arrived at home about an hour before, in a fury, had barricaded his cabin, and with two rifles, plenty of ammunition, a tomahawk, butcher knife, and two axes, defied the court, declaring he would kill all the men Judge Slaugh- ter could send before he would be taken alive to New Market. So Major Franklin and his posse, after a brief consultation, concluded to return and report to the court. The judge's temper also yielded. He manifested considerably more anger than comports with the dig- nity of the bench, and ordered the sheriff in the most peremptory manner to take a sufficient armed force and fetch Badgley dead or alive. Judge Davidson then suggested that the consequences would be quite serious, and perhaps cost several lives if the order of the court were carried out, and James B. Finley, who was in the court, rose and addressed the court to the effect that it was no use to go to so much trouble and expense; that if the court would give him authority, he would bring Badgley himself. Through the influ- ence of Davidson, who was Badgley's neighbor, no further order was made, and Finley, with the consent of Franklin, started alone to see Badgley. In a few hours he returned with the captain, sober and penitent. He approached the court, and apologized in a very handsome manner, telling the court, however, that he would not cringe to, or be trampled upon by mortal man. The court consid- ered the matter, and the president, having cooled down, was inclined to drop the matter, but "for outside appearances and effect," a fine of ten dollars was imposed, which the gallant captain cheerfully paid. This term of court extended over the period of four days, during which twenty-five cases were disposed of. Singular as it may appear, nearly all the business of this term was slander suits, but the jury seemed to be composed of sensible men and the damages were generally placed at one cent. Collins vs. Kerr was the most important suit of the term. It was upon covenant, demand of
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eighteen hundred dollars, was tried by a jury and a verdict for plain- tiff for six hundred given. One record of this term contains the following: "Came into court Marshall C. Hays, who took the oath to support the Constitution of the United States and the State of Ohio, and also the oath of office as an attorney counsellor of law." We thus have the record of the first lawyer for the county, i. e., created by the court of Highland.
The fall term of this court lasted two days, and the record closes with the notation that license was granted G. W. Barrere and Francis Nott to keep public houses for the term of one year.
The first term of the Ohio supreme court in Highland county, the supreme court being a traveling tribunal under the first constitu- tion, was held at New Market in October, 1806. "Judges Ethan Allen [Brown] and W. W. Irwin," says Scott, "opened court and impanelled a jury to try again the rather famous case of Isaac Col- lins vs. Joseph Kerr, in which the attorneys were James Scott and William Creighton, of Chillicothe. The jury returned a verdict of $650.50 in favor of Collins, but, on motion for a new trial, the case was continued until the next term, set for October, 1808.
CHAPTER VII.
CHANGE OF COUNTY SEAT.
A T FIRST the talk of removal of the county seat from New Market excited little attention, and slight uneasiness was felt over the remote possibility of such an event. When New Market became the county seat, if such it could be called, it had been whispered that the fact was not established, and that at some future day another site, more centrally located, would be made the capital of the county. Joseph Kerr, who owned most of the lands around the town, or had sold them under the assurance that the place would remain permanently the seat of justice, was a man of learning and ability, and prompted by personal interest he used all his influence in suppressing the talk of change. But as the agitation of the question became more intense, the people of New Market grew seriously alarmed. Many of them had bought lots and made improvements, with the understanding that the county seat was a fixed fact. The people north and east of the town far out- numbered, two to one, the dwellers in the town and south and west of the village, and it was this class that clamored for removal. New Market, writes one, during the eight years it had been a town, had not made for itself a very enviable reputation. The surround- ing population were, with many worthy exceptions, rather on the rowdy order, and a considerable number of the citizens of the town were worse if possible than those in the vicinity. As in all new counties the location of the county seat is a matter generally of per- sonal interest as well as widespread and intense excitement. It was so in this case, the removal of the county seat was the subject of all discussion. The Clear Creek settlement furnished the warm- est and most resolute advocates for the change. The men of this settlement were leading and influential citizens, of high character, and much determination of purpose, and would not hold their peace while the county seat remained in New Market. From the known ability of Kerr, as a man of wealth and education, he was looked to by the friends of New Market to advocate their cause and protect their interest. While Kerr persisted that there was no danger of
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New Market ever being deprived of its honor, yet it was good policy to use every endeavor to fasten the seat of justice to its present local- ity. As no county buildings had been erected, and the court house was the open air under some wide spreading oak, he suggested the raising of funds for the erection of public buildings, assuring the people if this was done they would hear no more about the removal of the county seat. This idea was thought a good one, and the lead- ing men of New Market and vicinity began at once to act upon the suggestion. They did not seem aware that with the exception of their own neighborhood and town, the entire county was against them.
After mature reflection and consultation, it was concluded to hold a grand barbecue and invite the entire county to attend, and as there had never been a fourth of July celebration in Highland, they fixed upon that national day for the feast, hoping that while their guests were feasting and excited with free whisky and the glorious mem- ories revived by the day, that they would yield the point of moving the seat of justice three or four miles nearer the center of the county. Everything progressed finely. Word was sent to every neigh- borhood in the county, if not to every family. Glowing accounts were circulated of the good things to eat and drink to be found on the ground. Roast pigs, sheep, turkeys and a great ox, with all the additional delicacies that the land afforded would be provided. The result was that New Market was crowded to overflowing. The entire county seemed to be there. The tables were set in front of G. W. Barrere's tavern. Here the crowd collected, as the day was to be one of feasting, every lady was anxious to see what was there to eat. New Market had a company of militia which paraded the streets to the soul inspiring music of the fife and drum, waving an old battle torn flag that had belonged to the army of General Wayne, and was present at the battle of the Fallen Timbers. The crowd soon grew so large that the militia could not march, and their pres- ence was disregarded as the people grew hungry and drunk. A platform of rails had been erected on the side of the street near the long table, and about eleven o'clock was occupied as a rostrum. The meeting was organized by electing Morgan Van Meter president by acclamation. The Declaration of Independence was then read, fol- lowed by an oration of great length, by one Jesse F. Roysden, an eccentric school master, recently settled in New Market. When these exercises were over it was announced that dinner was ready. By this time the people were very hungry and needed no second invi- tation to surround the table. The eating was simply a grab game, but there seemed to be enough for all. After the hunger was sat- isfied, the toast drinking began. The toasts were drunk in strong toddy and julips, brewed in large new cedar tubs. The sentiments expressed were all patriotic and called forth great applause from
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the half-fuddled patriots, while the fife and drum at one end of the table, and the fiddlers three at the other end carried on a con- tinnous rivalry in noise and scraping. Soon those upon the out+ side began to scatter, some shooting at a mark, others running foot races, while still others engaged in wrestling. An ugly knock down drew many more from the table, while those who remained became more and more confused and stupid. More fights on the ground convinced the sober and intelligent part of the crowd that it was time to adjourn and those of the crowd that were not too drunk or too badly whipped to go, took their departure and when the shades of night came down upon the scene, the town of New Market was about the same as ever. The next morning when consciousness had fully returned, they found they had forgotten the main purpose of the meeting, a subscription to build a court house and jail, so the purpose was abandoned, and no effort made to secure the seat of jus- tice by erecting these very necessary buildings.
John Carlisle came up from Chillicothe and established a store on Clear creek. The location was near Billy Hill's as the most promising point to erect his building, which was made of hewed logs, and William Kelso and Samuel Swearinger kept the store for Car- lisle. The commissioners met upon the 10th day of February, 1806, but did little business save in relation to the roads of the county. The session lasted but a single day. The laying out of roads was a necessity in the economy of the county, as the woods in every direction were rapidly filling up with people who were ask- ing for some means of communication with the outside world, which could only be done by grubbing out the undergrowth and cutting down the trees, so that wagons could pass over the stumps when not too large or dodge between them when they could see them or the mud was not too deep. Some of the ground was low and swampy and when this was the case, the mud and water or rather mud mor- tar would get so deep that teams could not travel them. Then the supervisors would have poles and logs cut and placed crosswise over the worst places, and on these half floating timbers they would be compelled to travel. Orders on the county treasurer were drawn for various forms of work amounting in the aggregate to sev- eral hundred dollars, but the larger part of this money was expended for road cutting and clearing. The manner of clearing the road way was to roll the logs to each side of the way and pile the brush in the same way until a brush fence of considerable height enclosed this path of stumps through the woods. Wagons were things to excite the curiosity of the white headed children of the settlers, as much so as a rushing train of cars to some of the dwellers of our own country now.
The commissioners of the county "ordered that James Denny, Esq., be paid the sum of eighty-eight dollars and fifty cents for sur-
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CHANGE OF COUNTY SEAT.
veying and ascertaining the lines of Highland county and to locate its center, and for other expenses." A similar amount was paid to Nathaniel Beasly for like work. These men were doubtless the commissioners appointed by the legislature to do this work the year before, who having performed their duty as directed, received their compensation. There is quite a contrast in prices between then and now, as the report of the commissioners will clearly show, but the times indicate that civilization is expensive, and that in those early times it cost little for food and clothing, as variety in the one and fashion in the other was not the rage.
Trade had languished since Fritz Miller was compelled to quit business on account of the failure of Barngruber to furnish the needed supplies of whisky and tobacco. A Mr. Logan set up a store in the shop of Michael Stroup, but soon closed out his business. In 1807 John Smith came from Maysville, Ky., and opened a store on the east side of Fritz Miller's old stand, just across a large pond in the street which had been called Lake Robinson ever since a citizen of that name when unsteadied by liquor had fallen into the water from the narrow causeway of logs that led across it to the store. The stock of goods carried by Smith was far better than those of his predecessors, and his business venture was very successful for a year or two. When the town of Hillsboro was established he removed his stock of goods and continued the business of store keeping there.
In March, 1806, James Fitzpatrick, from Monroe county, Va., established his home about three and a half miles southeast of Hills- boro. His children were principally grown at the time of leaving his old home on Indian creek and being about sixty years old, it was a severe trial for him to break up the associations of a life time and abandon the old home. He and his children were devout Methodists, and the night before they started from Virginia was devoted to singing and prayer in communion with the neighbors. With nine pack horses laden with necessary goods, followed by some cattle, and all the family on foot save the mother who was given a horse, they came over the mountains. The three sons carried rifles, and the six girls, all young women, assisted in driving the stock. In six weeks they reached Chillicothe, where the scenery had charms, but the stories of the terrors of malaria persuaded them not to make a permanent settlement. They were talking of a return to Virginia when Henry Massie went to them with the information that he had good uplands in Highland, which he would warrant free from the plague of ague. These lands were looked up by Robert Fitzpat- rick and a purchase made, and the family reached Highland county in the following March. They built their cabin near a very fine spring, and soon had enough land cleared in time for corn planting. The family remained healthy, things prospered with them, and they were pleased and happy in their new home. During the first sum-
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THE COUNTY OF HIGHLAND.
mer they built a neat new house, of small logs, hewed on two sides, chinked, and tightly daubed upon the outside with yellow clay. This building was a story and a half high, the connecting link between the rough round log cabin of early date and song, and the hewed log house of more modern times. The hearth and fireplace were of stone, and the chimney built of sticks, and mortared with clay, a neatly hewed puncheon floor, and joists of peeled hickory poles and covered with wide heavy boards. The doors were neat, and the house had two small glass windows. The home of the Fitz- patricks was a model one, pure, clean, and sweet, where love sea- soned their daily toil and devotion crowned their evenings with prayer and praise.
In the fall of 1803 the first regular Methodist meeting held in Highland county was at the home of Fitzpatrick. Peter Cartwright, of pioneer fame, and James Quinn, were the circuit preachers, and William Burk was the presiding elder. This circuit was called Scioto, and held within its scope about all of the territory between the Scioto and Little Miami. Quinn had thirty-one appointments to fill every four weeks, which called for three hundred and seventy- two sermons each year, without taking into account his class meet- ings and other religious duties belonging to his profession as a min- ister of the gospel. One of the members of the Fitzpatrick family tells the following story of their first introduction to the Rev. Mr. Quinn: "He was the first preacher that ever came to our house, he came wandering along through the woods from George Richards', hunting our house late one afternoon. We had nothing but a little bench for a table, but we got him some supper, the best we had, and he seemed satisfied and quite at home in our rough cabin. He remained all night, and sat up late talking and praying with us. The next morning he left, having made an appointment to preach for, us in two weeks." For twenty-one years, following this first appointment, the home of the Fitzpatricks remained a regular place of preaching and quarterly meetings. It was a favorite stopping place all these years for the preachers, and when weary and belated the self-sacrificing "circuit rider" made great effort to reach this log cabin home, sure of a kindly welcome and a soft clean bed upon which to repose his tired body. The Methodists were not as yet organized in the county at the time of which we write, but soon took root and spread rapidly over the county, until it was remarked by Rev. George Maley, an eccentric Methodist preacher, that "Method- ism and dog-fennel were bound to take the world." Dog-fennel was introduced in Ohio about the same time as a supposed preventive of malaria.
In the fall of 1806 Matthew Creed, a Revolutionary soldier, came with his large and grown up family and settled near Fitzpatrick's. They had been neighbors and warm friends in Virginia, and were
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CHANGE OF COUNTY SEAT.
also devout Methodists. Terry Templin came with the Creed fam- ily, and we are not positive whether it was Templin or Creed that was a brother-in-law to Fitzpatrick. The Creeds erected a mill on Rocky fork and the first wheat ground and flour made in that com- munity was at this mill. He had no arrangement for bolting the flour, but he purchased enough bolting cloth to cover an ordinary sieve and fastened it in a hoop. So when one took wheat to have it ground wife or daughter went along to do the bolting. Esther Fitzpatrick said she had worked many a day at the mill bolting flour as it was ground and that this class of flour made excellent bread. While game was still plenty, and old Mr. Creed an excellent hunter, he did not spend much time at this business. He built himself a turkey pen near his house, and kept his table supplied with wild tur- key until they grew tired of this toothsome bird. The wild turkey while a shy and cunning bird, when hunted for with rifle, is in other ways very stupid and foolish. A turkey pen is built of poles or rails beginning wide at the bottom, and drawing in toward the top, so that the effort to fly out is generally in vain. A trench is then dug, beginning at some distance from the pen and leading inside of the structure. Grain is sprinkled freely in the trench and inside the pen. The turkeys following the trench find themselves enclosed, become frightened, run about with heads up, fail to see the opening under the pen, and remain captive in this simple device. Mr. Creed would often find an entire drove in his pen, and if not needed for food would "turn them out," as he said, "to see them run."
At the February term of court, 1807, the journal contains the following entry : "Agreeably to an act of the last legislature, entitled an act establishing the permanent seat of justice in the county of Highland, the court have elected David Hays director." It was made the duty of the commissioners appointed by the legislature to survey and locate the county seat, to report to the court of common pleas, and upon the reception of such report the court was authorized to appoint a director "who after giving sufficient surety for his faith- ful performance, shall be fully authorized to purchase the land, if the commissioners selected a site not already appropriated by a town, of the proprietor or proprietors, for the use and behoof of the county, and proceed to lay off said land into lots, streets and alleys, under such regulations as the court may prescribe; and the said director is hereby authorized to dispose of said lots, either at public or private sale, as the court may think proper, and to make a legal conveyance of the same in fee simple to the purchaser; provided the land pur- chased and laid off in lots shall not exceed seven hundred acres." This statute also required that the first sale of the lots should be applied to the payment for the land and necessary expenses of laying off the lots, the residue of the money to be paid into the county treasury. -
H-9
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THE COUNTY OF HIGHLAND.
The point selected by the commissioners after a careful and thor- ough survey of the county was believed to be as near the center as practicable, though lying somewhat north of the exact center, which was in a bog near Rocky fork southwest from the site selected about two miles. The commissioners were strongly inclined toward what is now known as the Eagle Spring as being nearer the center, and the small improvement in the residence, clearing and pottery of Iliff. But the ground was thought unsuitable and they wisely selected the beautiful ridge nearly a mile northeast. This ridge was exactly on the trace from New Market to Clear Creek, was well known to all, and every intelligent and impartial mind applauded the judicious choice.
The feeling of the New Market people against Jo Kerr was very bitter at this time. He was deeply interested in the permanent loca- tion of the county seat at New Market, more so perhaps than any other man, but he had been so confident that New Market was in a: mile or so of the center of the county, that while he had been the influential advocate before the legislature for its final stay in that spot, he at last consented to the adoption of a resolution to the effect that, if on a careful survey by the commissioners, New Market was not found within four miles of the center, it might be abandoned. This bound him and his friends to the change, for when the survey was made it was found that New Market was outside the prescribed limit by one-half mile.
On the 28th of August, 1807, David Hays, the director, made a survey and plat, and on the 7th of September following, he received a deed for two hundred acres of land from Benjamin Elliott, through his attorney, Phineas Hunt, the consideration being one hundred dollars. This land, two hundred acres, deeded to David Hays, director, was the land upon which he laid off the town of Hillsboro. The name Hillsboro, some declare, was given by the court for the reason of its situation upon the highest land in the county ; others claim that it was named in honor of William Hill, "Uncle Billy Hill," as he was called. Others say that Hays named the town at the time it was platted. But this much can be said, Hays deserved the honor of naming the town and we wish we could be certain that he did. Everything connected with this man's work as director, evidenced not only, says one, an enlightened gentleman of excellent taste, but a stern sense of justice. He belonged to the New Market party, and of course would, if he had been an ordinary man, have shared in their passion and prejudices, but the contrary is abundantly manifest. He had the whole control of the matter, for the court, who might, under the law, have dictated to him, declined all action, leav- ing everything to him, and considering that it was done ninety-five years ago, when it is supposed that enlightenment and refinement in virtue and honesty had not dawned upon the pioneer settlers, we can
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