USA > Ohio > Tuscarawas County > The History of Tuscarawas County, Ohio > Part 39
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1860
1870
1800
New Philadelphia.
236
531
1,414
2,360
8,142
8,070
Dover.
46 598
1,843
1,598
2,908
Uhrichsville
229
577
646
1,541
2,790
Dennison
270
476
577
791
026
Port Washington.
116
260
425
684
Bolivar.
249
302
367
418
564
Shanesville :
58
1226
382
821
800
808
Sandyville ..
75
128
223
887
Zoar ..
201
249
252
326
201
New Cumberland
138
203
171
160
168
Strasburg.
109
114
148
181
Lockport had, in 1840, a population of 189; in 1850. 178; in 1870, 250. Westchester in 1870, 198; in 1880, 216. Dundee in 1870, 106; in 1880, 147. Gilmore in 1860, 125; in 1870, 133; in 1880, 116. Glasgow in 1880, 371. Lock 17 in 1880, 55; Mineral Point in 1870, 175; in 1880, 642. Newport in 1880, 159. Phillipsburg in 1880, 170. Ragersville in 1870, 160; in 1880. 212. Rowville in 1880, 189. Trenton in 1870, 292; in 1880, 314. Winfield in 1870, 126; in 1880, 115. Gnadenhutten in 1870, 284; in 1880, 336.
The population of the county by townships from 1840 by decades has been as follows:
TOWNSHIPS.
1840
1850
1860
1870
1880
Auburn
1248
1413
1251
1400
Bucks.
1547
1326
1303
1127
1129
Clay
864
1260
1398
1205
1999
Dover.
2247
3248
3499
3515
4107
Fairfield.
866
871
844
781
814
Franklin
Goshen
1885
3067
4111
4650
5226
Jefferson
992
1064
1056
1058
1258
Lawrence
1523
1468
1489
1479
1723
Mill.
1225
1510
1586
3436
5514
Oxford.
826
1436
1525
1667
1968
Perry
1381
1396
1043
1089
1208
Rush
1293
1373
1070
977
1037
Salem.
1121
1853
1840
1725
2457
Sandy
1444
1227
1220
1163
1864
Sugar Creek.
1450
1400
1438
1482
1462
Union.
945
944
771
742
714
Warren
1173
1140
966
822
869
Warwick.
864
1195
1384
1387
1525
Washington.
978
1091
1173
1113
1089
Wayne.
2142
2342
1092
1132
1295
York
865
1303
979
1041
1080
Digitized by
1174
998
1166
828
1,518
New Comerstown
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thomas Ro Bennen
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HISTORY OF TUSCARAWAS COUNTY.
The population of Tuscarawas County in 1810 was 3,045; in 1820, 8,328; in 1830, 14,292; in 1840, 25,631; in 1850, 31,760; in 1860, 32,463; in 1870, 33,840; in 1880, 40,198. Since 1850, the increase has been wholly in the vil- lages. The population of the villages in 1880 exceeded 16,000, while in 1850 they probably contained fewer than 6,000 inhabitants.
VALUATION AND TAXATION.
In 1808, the total tax on the duplicate was only $160.13. In 1818, on 114,852 acres of land the tax amounted to $1,884. In 1828, on a property valuation of $957,242, the total tax was $7,975. In 1838, the total property valuation was $1,295,348; the tax, $19,231. In 1848, the valuation was $5,367, 797; total tax $34,749. In 1858, valuation of all property, $9,813, 078; tax, $96,074. In 1868, valuation, $12,209,942; tax, $226,059. In 1878, val- uation, $16,892,923; tax, $243, 140. For the last year, 1882, the total valua- tion of property was $16,929,308, and the total tax was $277,027.
The tax duplicate for 1882 charges the following acreage to the various townships: Auburn, 14,213 acres; Bucks, 14,415; Clay, 15,121; Dover, 25, - 047; Fairfield, 13,903; Franklin, 14,759; Goshen, 21,018; Jefferson, 14,173; Lawrence, 16,600; Mill, 15,266; Oxford, 15,391; Perry, 16,429; Rush, 18,- 901; Sandy, 15,390; Salem, 21,383; Sugar Creek, 14,783; Union, 14,086; Warren, 13,902; Warwick, 13,605; Wayne, 16,445; Washington, 16,144; York, 14,955.
CHURCHES IN THE COUNTY BY TOWNSHIPS.
TOWNSHIPS.
Baptist.
Christian Union.
('atholic.
Dunkard.
Disciple.
German Evangelical.
German Lutheran.
German Reformed.
German M. E.
Lutheran.
Methodist Episcopal.
Methodist Protestant.
Moravian.
Omisb.
Protestant Episcopal. United Brethren.
Winebrenner.
Total Societies.
Total Buildings.
Auburn.
1
1
1
1
1
5
Bucks
3
2
1
3
Dover
1
2
10
Fairfield.
4
Franklin
1
1
5
1
15
15
Jefferson.
2
2
1
1
6
1
2
1
8
Oxford
1
1
1
8
8
2
6
Rush
1
4
Salem
1
1
1
1
3
7
Sugar Creek
1
1
1
2
1
1
Union
3
...
2
1
4
4
Warwick
1
3
Washington.
1
2
2
5
Wayne ..
1
1
1
8
York ... /
2
2
Total Societies ...
2
1: 5| 5 |5 3 10
9
1
16
33
5
7
2
7 1
14
2
128
118
Besides the above, in the northwest part of the county are a few Mennon- ites, and in Lawrence Township is the Separatist society.
Digitized by
Perry ...
1
6
4
1
1
5
Sandy
.... .
1
....
NH
2
Lawrence.
Mill ...
1
2
1
...
7 8-9 8
Warren.
4
1
1
339
1
Presbyterian.
Clay ...
1
Goshen ...
374
HISTORY OF TUSCARAWAS COUNTY.
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CHAPTER IX. COURTS, BENCH AND BAR.
COURT ROOMS-FIRST CASES-THE FUNSTON TRIAL-ASSOCIATE AND PRESIDENT JUDGES-COMMON PLEAS JUDGES-FIRST ATTORNEYS-PROMINENT LAWYERS-THE PRESENT BAR.
T THE two-story log tavern of George Leininger, situated on the southwest corner of Broadway and Front streets, New Philadelphia, was an im- portant building in the infancy of Tuscarawas County. It was here that the first County Court was held in 1808. Steps were immediately taken, however, by the County Commissioners, for the erection of a jail, the upper floor of which was used as a court room until about 1824, when the first court house was completed. The courts were then held there until the demolition of that ancient structure in the summer of 1882, and since then-awaiting the .com- pletion of the new court house-court has been conducted in a room on the second floor of a building located on the west side of South Broadway, near the square.
At the first term of Court of Common Pleas held in Tuscarawas County, in December, 1808, one civil and four criminal cases were docketed. Of the latter, two were for counterfeiting and two for assault and battery. All were nollied. The civil case was that of Abraham Mosser vs. Stockton Bridge. It was an action to recover $500 damages, alleged to have been sustained by plaintiff in consequence of certain "false, feigned, slanderous and opprobri - ous words " uttered by the defendant against the good name and character of the plaintiff. At the December term of court, 1808, the case was continued. Judgment was taken by default at the April term, 1809, but in August the records show that a motion was made to set aside the judgment, which was overruled and a jury impaneled to assess the damages. They found no dam- ages, and the case was appealed to the Supreme Court by the plaintiff, there tried by jury at a session held at New Philadelphia, and a verdict rendered the plaintiff for $20 and costs. At the April term for 1809, three civil and two criminal cases were on the docket. Of the former, judgment was entered in one case and the other two continued. One criminal case was for selling spirituous liquors without a license. A plea of guilty was entered and a fine of $50 and costs imposed. The other case was one of assault and battery.
The most noted trial held in the Tuscarawas County Common Pleas Court was that of John Funston, for the murder of William Cartmell. It resulted in his conviction and execution. Funston was a young farmer of Oxford Town- ship, living near New Comerstown. The victim, William Cartmell, was a post boy who resided at Coshocton and carried the mail between that town and Free-
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HISTORY OF TUSCARAWAS COUNTY.
port. When making his return trip from Freeport to Coshocton, on the 9th day of September, 1825, while traveling along the lonely road near the cabin of John Booth, Oxford Township, he was mortally shot by a person concealed behind a thicket, and fell dying to the ground. William Johnston, a quiet, inoffensive man, whose home was near Steubenville, Ohio, had been traveling with him, but had paused a few moments before, to quench his thirst at a way- side spring. The sharp report of a rifle and an accompanying shriek fell upon his ears, and rushing forward he found young Cartmell in a dying condition. A man, whom Johnston afterward identified as Funston, approached, and after some conversation at Johnston's suggestion they separated to alarm the neigh- bors. Funston started for Morgan's cabin, but when out of sight turned and made his escape. Johnston hastened to Booth's and told his story, which was not believed, his late companion failing to appear. He was arrested and lodged in the jail at New Philadelphia while protesting his innocence, but circumstantial evidence was against him. He, however, persevered in his as- sertions of innocence so persistently, declaring that he could recognize the man who was with him over the dead body, that by common consent the poo- ple offered him the opportunity of proving his innocence, and on an appointed day the young men of the county flocked to New Philadelphia, and were so arranged that Johnston might see them all. It is said that Funston was un- willing to appear, but was obliged to do so to avoid suspicion. No sooner had the glance of the anxious prisoner fallen upon Funston than he ex- claimed, excitedly, " That is the man." "You are a liar!" was the instant reply. Johnston reiterated his statement, and turning to the officer described a scar which they would find on one of Funston's hands. An examination proved the correctness of his assertion, and Funston was lodged in jail. Other corroborating evidence was discovered. The murdered mail boy was known to have had a $10 note, a description of which was published in the Tuscarawas Chronicle. The note was found, and traced to Funston, who had passed it to a gunsmith for repairing his rifle.
The trial of Funston came off at the November term of 1825. Judge Alexander Harper, of Steubenville, presided, and Nicholas Neighbor and Thomas Cummings were the Associate Judges; E. W. Canfield was Clerk of the Court; B. M. Atherton was Prosecuting Attorney, and in the trial was as- sisted by John M. Goodenow. The counsel for the defense were J. C. Stock- ton, Walter B. Beebe and S. W. Culbertson. The jury which convicted him consisted of Robert Meek, James Rippeth, James Grey, Christopher Ecker, Abraham Overholtzer, Benjamin Ream, Benjamin Gorsage, John Burrel, Chris Kohr, Adam Riggle, James Sellers and James Edie. The trial began on Wednesday, November 16. At 8 o'clock on the following Friday evening, the case was given to the jury, and on Saturday, November 19, Judge Harper pronounced the sentence of death, to take place December 30, 1825. During the night of December 29, Funston attempted to take his own life by hanging himself with his suspenders. They broke, and he fell to the ground, bruising his head severely. Judge Patrick then went to him and obtained a full con-
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HISTORY OF TUSCARAWAS COUNTY.
fession. It was the greed of gold that impelled him to the deed. His inten- tion was to waylay a drover named Smeltzer, known to have a large sum of money in his possession and expected to pass over this road. A delay of three hours saved Smeltzer's life, and made the young post boy the assassin's victim.
The 30th of December was a chill and dismal day. A drizzling rain fell constantly, but that did not deter an immense crowd from gathering to witness the execution. The weather was so inclement that several persons contracted a death sickness from exposure. The place of execution was on an elevation of ground in what is now called Allentown, or more definitely on Block 3, West Philadelphia. The Leesburg Light Infantry, Coshocton Cavalry and the Artillery of New Philadelphia were out in full force to preserve order and to protect the prisoner. Thus guarded, he was conveyed by the Sheriff, Wal- ter M. Blake, through the gaping crowd from his prison cell to the scaffold. Rev. Parker Williams, an eccentric itinerant preacher, there conducted the re- ligious services. The Sheriff cried out, at intervals, the few moments of time that yet remained, and as the fatal moment approached the pressing mass of human beings held their breath in expectation of the final consummation of the law. Nerving himself for the performance of his unpleasant duty, Sheriff Blake cleft at a stroke the rope that supported the trap door, and the body of Funston shot downward and quivered for a few moments in the air. Blake's return was as follows:
"1825. December 28, received this writ; and on the 30th day of December, A. D. 1825, between the hours of 12 o'clock, noon, and 2 o'clock P. M., I executed this writ by hanging the within named John Funston until he was dead. No fees charged. "WALTER M. BLAKE, Sheriff."
When life was extinct, the body of Funston was placed in a coffin and taken home by his two little brothers. Thus ended the only public execution that ever occurred in Tuscarawas County.
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Under the constitution in force during the first half-century of the State's existence, the Court of Common Pleas consisted of a President Judge, who presided on a circuit embracing many counties, and three Associate Judges from each county, who in their own county sat on the bench with the Presi- dent Judge. The latter was usually a trained lawyer and Judge, while his associates were men of little or no legal education, but leading, influential citizens of the county. The following is a complete list of the Associate Judges of Tuscarawas County, with the period of their service: John Heck- ewelder, 1808-10; Aquilla Carr, 1808-11; Christian Deardorff, 1808-26; Godfrey Haga, 1810-12; Conrad Rath, 1811 -13; Robert Caples, 1812-18; Joseph Wampler, part of 1813; Henry Laffer, 1813-24; Nicholas Neighbor, 1818-32; Thomas Cummings, 1824-33; Henry Laffer, 1826-29; Jacob Blick. ensderfer, 1829-36; Peter Williams, 1832-39; Reason Pritchard, 1833-40; Israel S. Lappin, 1836-50; Walter M. Blake, 1839-46; Isaac N. Roberts, 1840-47; James Patrick, 1846-52; Morris Creter, 1847-52; Jacob Blickens- derfer, 1850-52.
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HISTORY OF TUSCARAWAS COUNTY.
The President Judge who held the first term of court in Tuscarawas Coun- ty wae William Wilson, of Licking County. Subsequently, and up to the adoption of the present State constitution, the following, with, perhaps, sev- eral others, were the successors of Judge Wilson: Benjamin Ruggles, Benja- min Tappan, Alexander Harper, G. W. Beldon and John Pearce. None were residents of Tuscarawas County. Both President and Associate Judges were appointed to office by a joint ballot of both Houses of the General Assembly, and held their office for the term of seven years, " if so long they behaved well."
The present constitution of Ohio, adopted June 17, 1851, abolished the office of Associate Judge. The State was divided into nine judicial districts, each of which, except the first, was subdivided into three parts. The electors of each subdivision, by the constitution, were directed to elect one Judge of Common Pleas for a term of service of five years. The third subdivision of the eighth district comprises the counties of Tuscarawas, Jefferson and Harri- son. In the autumn of 1851, Thomas L. Jewett, of Steubenville, was elected Judge of this subdivision. His term began in February, 1852, and during its continuance he resigned to accept the Presidency of the Steubenville & Indi- ana Railroad. Thomas Means, also of Steubenville, was appointed to fill the vacancy occasioned by this resignation. The second term, from February, 1857, to February, 1862, was filled by Samuel W. Bostwick, of Cadiz. He was succeeded by George W. McIlvaine, of New Philadelphia, who was serv- ing his second term when, in the autumn of 1871, he was elected Judge of the Supreme Court of Ohio. To accept this position, he resigned his Judge- ship on the Common Pleas bench, and John H. Miller, of Steubenville, filled the unexpired term and then served a full term from February, 1872, to 1877. James Patrick, Jr., of New Philadelphia, was the next Common. Pleas Judge of this subdivision, serving from 1877 to 1882. His successor was Joseph C. Hance, also of New Philadelphia, who assumed the duties of the judiciary in February, 1882. In accordance with an enactment of the Legislature passed February 14, 1882, establishing an additional Judgeship in this subdivision, John S. Pearce, of Cadiz, was elected Judge in April, 1882, for a term of five years, and was invested with the robes of office the same month.
Judge George W. McIlvaine was admitted to practice in Washington Coun- ty, Penn., in 1844, and in 1847 became a resident of New Philadelphia, where he continued in successful practice until his elevation to the bench in 1862. He began his judicial career as a member of the Supreme Court of Ohio in 1871, and is now filling his third successive term. His decisions are univer- sally held in high respect by the bar of the State.
Judge James Patrick, Jr., is a native and a lifelong citizen of New Phila -. delphia. He was admitted to the bar in 1854, elected Prosecuting Attorney in 1865 and engaged in a lucrative practice until his election to the bench in 1876. Since he has doffed the ermine, Judge Patrick has resumed practice, and is now the senior member of the firm James Patrick, Jr., & Son.
Judge Joseph C. Hance came to New Philadelphia in 1832, read law with
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HISTORY OF TUSCARAWAS COUNTY.
F. D. Leonard and was admitted in 1834. He has been continuously in prac- tice since, until his recent election to the bench. In this case, the office sought the man, and it was with extreme difficulty that his many friends per- suaded the Judge to accept the nomination of the office which he is now filling with marked ability.
The early courts of Tuscarawas County were attended by a train of foreign council, who accompanied the President Judge in traveling this circuit. Court seldom continued longer than several days for years after the organization of the county, and a dependence upon local practice here for an attorney meant starvation, or little better. Attorneys from Zanesville, Newark, even Colum- bus, regularly attended the courts in this as well as other surrounding counties, ready at a moment's notice to prosecute a cause or defend a client. Until 1840, or probably a little later, this foreign practice was continu ed. The bar of New Philadelphia had not yet developed, and, especially in important causes, the services of lawyers residing without the county limits were se- cured. The earliest practitioners in the county, many of them non-residents, were the following: Sampson S. King, 1808; Lewis Cass, 1808; Fisher A. Blocksom, 1808; E. W. Herrick, 1810; Robert Bay, 1810; John C. Wright, 1812; Alexander Harper, 1812; Samuel W. Culbertson, 1812; D. Redeck, 1816; M. D. Pettibone, 1817; John M. Goodenow, 1817; Walter B. Beebe, 1818, Ephraim Root; Wright & Collier, 1818; Wright Warner, 1818; S. Johnson, 1819; John S. Stockton; J. W. Lathrop, 1819; Samuel W. Bell, 1819; John Harris, 1820.
Wright Warner was one of the first local attorneys of New Philadelphia. He migrated from place to place frequently, residing for a time at Coshoc- ton; came to New Philadelphia about 1820; was Prosecuting Attorney from 1821 to 1825; removed to Dover and died there.
In 1832, four practitioners resided at the county seat and one at Dover; Boaz M. Atherton, Azor Abel, Andrew Seaton and F. D. Leonard at New Phil. adelphia, and I. B. Lee at Dover. Mr. Atherton was the first of these to en- gage in practice. He was well versed in law, and was an excellent convey- ancer, but lacked what is denominated a legal mind. His success was better indicated in the preparation of legal papers than in advocacy. Azor Abel re- moved about 1834 to Trumbull County. Andrew Seaton abandoned the prac- tice and built large flour mills at New Philadelphia. He died at Cleveland, while there on business. Mr. Leonard also resigned his profession, and en- gaged with Mr. Seaton in milling. He removed to Cleveland, thence to Mis- souri, where he died a few years ago. I. B. Lee remained at Dover till his death.
About 1840, the bar began to gain strength. In that year, John A. Bing- ham settled at New Philadelphia. He hailed originally from Pennsylvania, came to New Philadelphia from Cadiz, Ohio, and was for many years a leading member of the Tuscarawas County bar. He removed to Cincinnati and subse- quently returned to Cadiz and has become a national character. He served several terms in Congress, where he won a wide reputation as a lawyer and a statesman. He is at present Minister of the United States at Japan.
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HISTORY OF TUSCARAWAS COUNTY.
John D. Cummins, a native of Western Pennsylvania, read law at Steuben- ville and came to New Philadelphia about 1840, and here opened an office. He engaged in politics and was elected to Congress. He remained through life a bachelor, and died of cholera at Milwaukee, Wis., while there on business.
George W. Chapman came about 1840, and was, perhaps, the brightest in- tellect that has adorned the bar of New Philadelphia. He did not court pop- ularity, and to the masses his legal acquirements remained unknown, though among his professional confreres his strong abilities were fully recognized. He removed to Milwaukee, Wis., where he has since attained a high rank in the field of literature. He is the author of a volume of poems, and has also made valuable contributions to science.
David W. Stambaugh practiced at a later date. He was a tailor, and read law while following his trade. He possessed a wonderful memory, and was fluent in speech. He was elected to the State Senate in 1868, and died while in office.
Capt. Andrew Crawford was raised in New Philadelphia and ad- mitted to the bar in 1856. When the war of the rebellion opened, he was among the first to enlist, and was the first citizen of this county who fell a sacrifice to his country. He was buried with the honors of war at New Phil- adelphia. The G. A. R. post at the county seat is named in his honor.
S. M. Hague read law at New Philadelphia, and was admitted in 1856. For several years he had an office in the southwest corner room of the old court house. He then removed to Napoleon, Henry County, where he is still engaged in practice.
Col. Mathias H. Bartilson was admitted to practice in 1850; was elected Prosecuting Attorney in 1853, and served four years. In 1861, he enlisted in the service, and was commissioned Colonel of the Eightieth Regiment Ohio Volunteer Infantry. He died in 1863, from the effects of a wound received in battle. Col. Bartilson was a man of great energy and bravery, and by his gallant conduct had won the highest confidence and esteem of his men.
William Helmick was admitted in 1847, and in 1851 was elected Prosecut- ing Attorney of Tuscarawas County. In 1858, he was elected Representative from this district to Congress, where he served one term, and has since resided in Washington City.
Jesse H. McMath, shortly after his admission to the bar, was appointed Consul General to Morocco, with headquarters at Tangier, where he remained several years. About 1872, he entered upon the practice of law at New Phil- adelphia, but a short time afterward removed to Cleveland, where he was elected Common Pleas Judge. At the expiration of his term, he there resumed and is now practicing his profession.
John Lee Webster practiced at New Philadelphia a year or more; then re- moved to Omaha, Neb., where he has since been elected Mayor and member of the Legislature, and is now said to enjoy a lucrative practice.
Winfield S. Neely read law with his uncle, A. L. Neely, and for a few
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HISTORY OF TUSCARAWAS COUNTY.
years was associated with him in practice. He removed to Cincinnati, and has since abandoned the practice.
R. C. McBeth, after a practice of some years, was appointed, in 1865, to the office of Prosecuting Attorney, made vacant by the resignation of A. L. Neely. A short time after, he removed to Clinton, Mo., where he was elected Judge of the Circuit Court, and is now practicing his profession.
Charles H. Mitchener was born in Pennsylvania in 1827, and acquired the printer's art in the city of Philadelphia. For many years he was connected with the Ohio Democrat, as publisher and editor, and served as County Clerk from 1843 to 1850. He was admitted to the bar in 1851. Defective hearing interfered with his active practice in court as an advocate, but as counsel and office lawyer he was one of the ablest of his day. He was a member of the State Constitutional Convention of 1873. He wrote, and in 1876 published, " Historical Events in the Tuscarawas and Muskingum Valleys, " a valuable contribution to the history of his own and neighboring counties. Mr. Mitch- ener died at his home in New Philadelphia May 10, 1878. He was generous in opinion and purse, public-spirited, a ready and able writer and an honest man. A. T. Ready was for many years the law partner of C. H. Mitchener, and continued that relation until the decease of the latter in 1878. Since then he has retired from the active practice of his profession, and still resides at New Philadelphia.
John J. Robinson, at the time of his decease in 1883, was the oldest mem- ber of the New Philadelphia bar. He served as Prosecuting Attorney from 1870 to 1874, and was at one time Sergeant at Arms of the State Senate. He enlisted as a private in service and was promoted to a Captaincy in the Eight. ieth Regiment Ohio Volunteer Infantry.
John W. Albaugh was born and reared near New Cumberland, this county; read law with James Patrick, Jr., and after admission opened an office at New Philadelphia. He was elected Prosecuting Attorney in 1874, and served two terms. In 1882, he removed to Canton, Ohio.
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