USA > Ohio > Clinton County > The history of Clinton County, Ohio, containing a history of the county; its townships, cities, towns, etc.; general and local statistics; portraits of early settlers and prominent men; history of the Northwest territory, Volume 1 > Part 34
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was held two days-March 8 and 9, 1881, and forty-eight persons then became members. Meetings have since been held monthly, at the houses of members, by appointment, and are usually very interesting.
CLINTON COUNTY PIONEER SOCIETY.
August 18, 1874, a call was published in the Wilmington newspapers, signed by R. B. Harlan, J. H. West, Samuel Johns, James M. Farren and W. H. P. Denny, for a meeting of the pioneers of the county to be held in Wil- mington on Saturday, the 26th of the following September. It was thought that "such a meeting would serve to draw out many facts, dates, circumstances connected with past occurrences, that obscure names might be brought into prominence, and that the character, habits, circumstances, and social condi- tion of our pioneer people would be illustrated and developed." It was also thought that "the proposed meeting would serve to keep bright and united the chain which connects the past generation, now fast passing away, with the generation which now occupies the stage of human life." The desire for such a meeting had been quite generally expressed, and it was perhaps increased by a knowledge of the fact that sister counties in the State were taking pains to preserve accounts of their pioneer days.
Pursuant to the call, the old folks met at Wilmington on the day ap- pointed, when many of them related their experiences in the days when the forests were not yet subdued, and told tales that were strange to the younger people present. Madison Betts was Secretary of the meeting, and took copious notes from which Judge R. B. Harlan prepared an interesting article for the press. Judge Abner Haines, of Eaton, Preble Co., Ohio (since de- ceased), was present and delivered a very interesting speech. Other speakers were Esquire Charles Porter Gallaher, of Sabina; William Moon, of Clark Town- ship; Thomas N. Adams, of Sabina, aged ninety-eight years; Ephraim Kibby, Esq., a pioneer of Clarksville; Rev. George Villars, of Clarksville; Judge Ben- jamin Hinkson, a man who for many years had been prominent in the county as a journalist, lawyer and legislator; Samuel H. Hale, an early lawyer and merchant; Rev. James Villars, elder brother of George; Jesse Doan, of Wil- mington; Eli McGregor, the well-known former advocate of the abolition of slavery; Newton McMillan, of Chester Township; George D. Haworth, who had known the locality around Wilmington since 1804; Daniel Jones, Jesse Thatcher, Squire G. Harris, Harvey Gallaher, Harvey. H. Hankins, Samuel Vestal and John Garoute. Several old Wilmington newspapers were pro- duced as curiosities. The gathering proved most pleasant and enjoyable. Most of the speakers have since passed to the silent land, but their memory as pioneers is greatly revered by those who knew them.
The second old folks' meeting was held at Wilmington in the Friends' Meeting-House, October 9, 1875, when Cornelius Douglass was made Chair- man, and Nathan M. Linton, Secretary. The attendance, though small at the beginning, swelled to large numbers before the close of the day, and once more the survivors of the pioneer generation took each other by the hand and went over again the scenes of other days. The speakers were Joseph R. Moon, Jesse Doan, A. W. Kibbey, Jacob Hadley, Ephraim Kibby, Jonathan Hadley, Lewis Hockett, Thomas McDonald, James Johnson, Nancy Sabin, John Oren, Samuel H. Hale, William Hale (still living at Wilmington, born 1790), John C. Harlan. Ezekiel Haworth, Thompson Douglass, Moses Garrison, David Jay, Judge R. B. Harlan and Eleazer Hodson.
The meeting for 1876 was held on the 26th of August, at Wilmington. The following were elected officers for the ensuing year: President, Judge R. B. Harlan, of Wilmington; Vice Presidents, C. P. Gallaher, Richland; Joseph
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R. Moon, Clark; Mark Peelle, Wilson; George Villars, Vernon; James Mc- Kibben, Greone; Jesse G. Starbuck, Union; Joseph Ballard, Liberty; Nathan HI. Collett, Chester; Roubon Gillis, Marion; Job Simcox, Jefferson; Stephen Evans, Wayne; David Curl, Adams; George Mann, Washington; Secretary, Madison Betts, of Wilmington. . The report of deceased members included the names of Thomas N. Adams, Samuel Vestal, Ezekiel Haworth, Squire G. Har- ris, Daniel Jones, Thomas Hunnicutt, Nicholas Vandervort, Ephraim Kibby, James Johnson, Eli McGregor, John C. Harlan, Eber Patrick and Rebecca Hadley. An executive committee was appointed, numerous speeches made, relics of the pioneer days shown, among them some hand cards used in carding cotton and wool by the dames of the olden time, and the gathering finally ad- journed after an enjoyable day.
The fourth annual re-union of the society took place on the fair grounds at Wilmington September 22, 1877, and was spoken of as the most enjoyable gathering of the kind yet held. The number in attendance was greatly in ex- cess of any previous meeting. Pieces of old-fashioned kitchen and table ware, old wearing apparel, books, and quilts were exhibited in profusion. The speeches were in the usual vein, and the dinner which was served was the principal feature of the occasion. Eighty-one persons over seventy years of age sat down together at the tables, and enjoyed the meal with pioneer relish, which means a great deal.
Tuesday, September 17, 1878, the fifth annual re-union was held at the same place, when J. R. Moon was elected President, and N. MI. Linton, Sec- retary, with a Vice President from each township. Eighty-five persons, each over seventy years of age, partook of the bountiful dinner which was spread. Twenty-one persons had died during the year, none under seventy years old. It was estimated that in the entire county there were at the time of the meet- ing not less than 400 people of that age and over, basing the calculations on the returns from a portion of the townships which aggregated 195. A fine bouquet was offered to the handsomest man on the grounds whose age should bo over seventy years, and on taking notes and considering all the points, the prize was awarded to Jesse Doan, who "bore his blushing honors thick upon him."
The meeting held at the usual place on the 17th of September, 1879, was heartily enjoyed. Henry Gaither, of Cincinnati, a veteran of ninety-two years, was present and delivered a brief speech. Seventy of the old folks sat down to the first table at dinner time, and demonstrated the fact that old age had not impaired their appetites. One feature of the day was the appear- ance of John C. Cook, dressed in the wedding suit worn by his grandfather. Five members of the society were reported as deceased during the year then just closed. The report of the meeting which we have seen does not speak of the election of officers for the ensuing year, but it appears in another place that J. R. Moon was chosen President, and Levi Mills, Secretary.
At the meeting in 1880, held at the Wilmington fair grounds on Tuesday, September 21, there was the largest attendance which had yet been seen on a like occasion. Judge Thompson, of Hillsboro, Highland County, delivered an interesting address, and was followed by Judge Keys, of Warren County, who alluded to many historical incidents, and retouched with the pencil of his descriptive lanugage the customs and manners and experiences of the peo- ple in the days when the many gray heads present were members of the per- severing band of Clinton County's pioneers. Vice Presidents for the various townships were chosen, together with an executive committee, and the gather- ing broke up.
The last meeting was held at the usual place on the 13th of September,
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18S1. An address of welcome was delivered by Hon. Isaiah W. Quinby, of Wilmington, whose people had been early settlors in the township of Adams. Mr. Quinby vividly pictured the life of the pioneer family, and his address was well received by all present. The officers of the society at this time (April, 1882), are Thompson Douglass, President; Levi Mills, Secretary.
CLINTON COUNTY AUXILIARY BIBLE SOCIETY.
The original name of this organization was the "Auxiliary Bible Society of the county of Clinton, Ohio," as appears from its first constitution, printed at Wilmington by George Donny. It is thought the society was formed as early as 1820, and possibly a year or two before; but we find the record of a meeting held in 1879 given as the fifty-seventh annual meeting of the society, which would indicato that it was organized in 1823, though that was not the case, as there are records for 1822. Mr. Denny, who printed the first consti- tution, established his newspaper, the Gala.ry, in Wilmington, on the 29th of October, 1821, and could hardly have done any printing before he had material for the purpose. Tho institution is a branch of the American Bible Society. Its constitution provided that persons paying 50 cents annually toward its sup- port could become members, while those paying $5 each at any one time be- came life members. The society was formed for the purpose of co-operating with the parent organization in giving a wider circulation to the Bible. The
following were the first officers: Daniel Collett, Sr., President; Arnold Treus- dell, First Vice President; William Stockdale, Second Vice President, John McManis, Corresponding Secretary; Lewis Wright, Recording Secretary; Joel Woodruff, Treasurer; William Kibben, Aaron Collett, Isaac Collett, Eli Mc- Gregor, Thomas Hibben, Isaiah Morris, Thomas Gaddis, Warren Sabin, Sam- uel H. Hale, Jeremiah Reynolds, John Lewis, Jonathan Collett. The sub- scriptions to the society, according to an old slip of paper in the possession of Miss Rachel, daughter of Eli McGregor, were $9; for 1823-24, about $10.50. In 1824, the expense of getting a stock of books from New York amounted to $9.973. Regular annual meetings have been held since the organization, al- though at times but little business was transacted and little interest mani- fested. The present number of members in the county is about ten, beside the Methodist Episcopal Sunday school at Wilmington. Life members now draw books annually from the parent society at New York, instead of procur- ing them as formerly of the Clinton County branch. The latter buys its books for cash of the main organization, and on the 1st of March, 1882, when the stock was largely reduced, it had on hand books to the value of $43.26. The officers for 1882 are: D. A. Lamb, President; pastors of Wilmington churches, Vice Presidents; Dr. N. H. Sidwell, Secretary; A. H. Hains, Treasurer; W. P. Wolf, Depositary.
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CHAPTER VII.
THE COURTS AND CIVIL LIST.
THE first constitution of the State of Ohio, adopted November 29, 1802, provided that the judicial power of the State, both as to matters of law and equity, should bo "vested in a Supreme Court, in Courts of Common Pleas for each county, in Justices of the Peace, and in such other courts as the Legisla- ture may from time to time establish." The Supreme Court consisted of three Judges, any two constituting a quorum, and had original and appellate juris- diction, both in common law and chancery, in such cases as were directed by law. It was provided that the General Assembly might, if it chose, appoint another Supreme Judge after five years from the adoption of the constitution. in which case the Judges were to divide the State into two circuits, and any two of them were authorized, in such case, to hold court. The Courts of Com- mon Pleas consisted each of a President, and not more than three nor less than two Associate Judges, all to reside in their respective districts (or counties) during their terms of office. Any three of the Judges constituted a quorum. The court had common law and chancery jurisdiction in all cases such as were directed by law, the Legislature having power to increase the number of cir- cuits and Presidents after five years. Judges of Supreme Courts and Courts of Common Pleas had complete criminal jurisdiction in such cases and in such manner as pointed out by law. Courts of Common Pleas in each county had jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians, etc. Judges of Common Pleas Courts had within their respective counties the samo powers as Judges of Supreme Courts to issue writs of certiorari to Justices of the Peace and cause their proceedings to be brought before them. Judges of the Supreme Court were conservators of the peace throughout the State. Presidents of Courts of Common Pleas were conservators of the peace in their respective districts, and Judges of the samo held the same position in their respective counties. . All Judges were ap- pointed by joint ballot of both Houses of the General Assembly, to hold office sev- en years, " if so long they behave well." They were to be reasonably paid, but could at the same time hold no other offices of profit or trust under the author. ity of the State of Ohio or the United States. Each court had power to appoint its own Clerk for the term of seven years, the Judges to certify that they con- sidered him well qualified for the position. The Judges also had the power to remove their Clerks for breach of good behavior. The Supreme Court was to be held at least once a year in each county, and the Common Pleas Courts in their respective counties at such times and places as prescribed by law. A competent number of Justices of the Peace were to be elected by the qualified electors in each township of the several counties, to hold office three years, with powers and duties as prescribed by law.
An act, passed February 7, 1831, provided that the Supreme Court should consist of four Judges, having precedence according to the dates of their com- missions. The same act provided that the Common Pleas Court should consist each of a President and three Associate Judges, with powers as defined in said act.
The new constitution of Ohio, adopted June 17, 1851, vests the judicial power of the State in a Supreme Court, in District Courts, Courts of Common
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Pleas, Courts of Probate, Justices of the Peace, " and in such other courts, in- ferior to the Supreme Court, in one or more counties, as the General Assembly may from time to time establish." The Supreme Court consists of five Judges, of whom a majority form a quorum or have power to render a decision. This court has original jurisdiction in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as is provided by law. The con- stitution provides that it shall hold at least one term each year at the seat of government, and such other terms there or elsewhere as provided by law. The Supreme Judges are chosen by the electors of the State at large. By the con- stitution, the State was divided into nine Common Pleas districts, cach-out- side of Hamilton County-consisting of three or moro counties, divided into three parts, bounded by county lines, and as nearly oqual in population as prac- ticablo, each division having one Judge of Common Pleas Court residing there- in, chosen by the electors of said subdivision. Courts of Common Pleas are held in every county in the district as often as provided by law-more than one court, or sitting thereof, being allowed in each district at the same time. The jurisdiction of Courts of Common Pleas and their Judges is fixed by law. District Courts are composed of the Judges of the Courts of Common Pleas in their respective districts, with one of the Judges of the Supreme Court. Any three constitute a quorum, and such court must be held at least once a year in each county -- or, as the Assembly may provide, at least three times at three separate places in each district, if not expedient to hold in each county. Or- iginal jurisdiction of the District Court, same as that of Supreme Court, with such appellate jurisdiction as is provided by law. The Probate Court is a court of record, "open at all times, and holden by one Judge, elected by the voters of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law." This court has jurisdiction in probate and testamentary matters, the appointment of administrators and guardians. the settlement of the accounts of executors, administrators and guardians, and "such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, and such other jurisdiction, in any county or counties, as may be provided by law." Justices of the Peace are provided to be elected, to serve three years each. All Judges other than provided for by the constitution must be elected by the electors of the judicial districts for which they may be created, to serve not longer than five years.
One Supreme Judge is elected each year, to serve five years. Common Pleas Judges must reside in the respective districts for which they are chosen, and their term is five years. When vacancies occur, they are filled by guber- natorial appointment until after the next regular election. The Clerk of Com- mon Pleas in each county is ex officio Clerk of all other courts of record held in the county.
By an act of Legislature organizing the courts, passed February 19, 1852, the nine Common Pleas districts were apportioned into five judicial circuits, Clinton County being in the First. It is now (1882) in the Third Subdivision of the Second Judicial District. From the minutes of the proceedings of the Court of Common Pleas at some of its earlier sessions, we make copious ex- tracts. The first meeting of this court was held in the barn of Jesse Hughes (though the records say " at the house "), who lived about two miles southeast of the spot where the court house now stands. The following is the record: "At a special Court of Common Pleas held at the house of Jesse Hughes, on the 28th day of March, in the year of our Lord 1810: Present, the Hon. Francis Dunlavy, Esq., Presiding Judge; Jesse Hughes, Thomas Hinkson,
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Esqs., Associates " (Peter Burr, the third Associate Judge, was not present;) "appointed Warren Sabin, Clerk, pro tempore, to the aforesaid court. Robert Eachus was appointed Recorder of said county by the Associates present. The court adjourned (sine die) without day."
The other officers of this court were Jonathan Harlan, Sheriff, and David McMillan, Coroner. It appears that Judge Dunlavy, who resided in Warren County, was present only to complete a quorum, as he did not assist in making the appointments mentioned. A special session was held at the same place May 16, 1810, when there were present the three Associate Judges, Peter Burr, Jesse Hughes and Thomas Hinkson. It was agreed that, in the matter of commission of the Judges, Peter Burr should stand first, Jesse Hughes next, and Thomas Hinkson last. James McManis was appointed Director to take charge of the business concerning the county seat, with instructions. The court opened the report of the Commissioners appointed to locate a seat of justice for Clinton County, and adjourned to the next day (May 17), when it was again convened; but the Director could not make his reports, and court adjourned. The court next met in special session May 25, 1810, when all the Associates were present; but, as the Director failed to put in an appearance, an adjournment was had until the following day, at which time the report of the Director was received, and the bonds of David Faulkner and Joseph Doan, donating lands for a site for a county seat, were examined.
The first Grand Jury in the county was impaneled for the term of court held in June, 1810, and was composed of the following persons, as the record shows: John Mitchell, foreman, Thomas Jones, Jacob Hale, Isaac Harvey, Caleb Harvey, William Haynes, John Wilson, James Wilson, Jesse Dillon, Ezekiel Frazer, Timothy Bennet, Mahlon Haworth, William Townsend, Will- iam Walker and Nathan Linton. These men received 75 cents each for their services, and found only one indictment, which was against Cornelius Quick, for horse-stealing. The indictment was returned June 19, 1810, and Quick was placed on trial the next day. Joshua Collett, afterward President Judge, and still later a Judge of the Supreme Court, conducted the prosecution for the State, while the counsel for the defense was Thomas Freeman, of Lebanon. a criminal lawyer of some note. The jury before which the case was tried was composed of Francis Hester, Robert Athey, David Fairfield, Daniel Linton, Daniel Moon, James Crawford, Jonah Vandervort, William Ireland, Joseph Wilson, Jesse Green, William Hoblitt and John Stout, who found the defend- ant guilty as indicted. The defense moved for a new trial, which was granted, and on the 17th of the ensuing October, the case came up again, with the same counsel as before. The jury was this time made up of David Wright, Daniel Hodgson, William Butler, Charles Mann, George Haworth, Joseph Haines, Simeon Ballard, John McKinzey, Thomas Gillam, Peter Dicks, Thomas Mc- Millan and Daniel Dillon. The defendant was again found guilty, and the damages in favor of the prosecuting witness, James Doherty (or Daugherty) were assessed at $2.25, an order being issued against the defendant for the amount of his fine and costs of prosecution. A motion was made on behalf of the defendant to arrest judgment, but this was overruled, the court sentenced the thief to receive fifty stripes on his naked back, on Saturday, the 27th of June, 1810, at 2 o'clock in the afternoon, and to pay a fine of $20 and costs; also to be imprisoned for ten days -- Daugherty to recover of him the amount of the damages allowed. "Mrs. Elizabeth Smart, widow of Judge Hugh Smart, of Greenfield, is a daughter of Judge Hughes, at whose house, or rather barn, Quick's trial was had. She has a clear and distinct recollection of the affair. During the trial, the defendant was confined to an apple tree, which war near by, by a log chain. After the verdict was rendered, Quick requested
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Joseph Whinery
Sarah H. Whiney
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the Sheriff, Jonathan Harlan, to retiro with him for a moment. This seemed reasonable, and it obtained a ready consent. As they walked away, ho mani- fested considerable moro nimbleness of stop than had been noticed before. Ho gained distance on the Sheriff, littlo by little, until a step or two in advance was secured, when he bounded away like a deer, and in a moment was beyond successful pursuit. This was the nearest approach to a public whipping for crime ever attained within the county."* The actors in that scene have passed
away from earth, and the story lives only in the record or the memory of those to whom it has been told. It is therefore fitting to place it on the printed page.
June 20, 1810, the same day Quick was first tried, the court appointed Nathan Linton County Surveyor. The following day witnessed the appoint- ment of Peter Burr to the position of County Clerk to fill vacancy. On the same day, Faulkner and Doan executed their deeds to the county for land on which to locate the county seat, and the Director was ordered to lay out a town on said land, sell all the odd-numbered lots at a credit of one-third the pur- chase price in six months, one-third in twelve months, and one-third in eight- een months, the purchaser giving bond with approved security; sale to be advertised in the Chillicothe and Lebanon papers. September 10, 1S10, the session of the Court of Common Pleas was held, according to the record, at the " temporary seat of justice for Clinton County." George McManis took the oath of office as Associate Judge, in place of Poter Burr, resigned. The court ordered the Director, James McManis, to immediately advertise the remainder of the lots "yet unsold in the town of Armenia (formerly Clinton)," in the Western Star, Liberty Hall and Scioto Gazette, and by written advertisements wherever he might think proper, and sell said lots at public auction, on the first Monday in the following November (1810), continuing the sale from day to day until all were offered for sale, giving credit at six, twelve and eighteen months, on separate notes, for each of three equal payments, discounting & per cent for cash at time of purchase. The Director was also authorized to post- pone the sale of any lot or lots if he thought they were not bringing what they were worth. The court ordered that the new town be called Armenia, in place of Clinton, and appointed James Wilson to fill the vacancy as County Com- missioner caused by the resignation of George McManis. The Director, for his services in connection with county seat matters up to date, was allowed the sum of $128.25.
October 16, 1810, the last will and testament of John Jackson, deceased, was proved, and letters testamentary ordered to be issued. Absalom Reed, Jo- seph Grice and Thomas Draper were appointed to appraise the personal estate of deceased. December 31, 1810, the court ordered that the name of the county seat be changed from Armenia to Mt. Pleasant, by request of the donors. February 19, 1811, James Birdsall and Walter Armstrong applied for and were granted tavern licenses. February 20, 1811, it was ordered that the name of the county seat be changed to Wilmington, and that no further alteration should be made in the name without being authorized by an act of the Legislat- ure. June 4, 1811, Larkin Reynolds was granted license to keep a tavern in the town of Wilmington. At the June term of the court in this year, it " ad- journed to meet in Wilmington " in the following October, and on the 7th of the last-named month, it met at the house of John McGregor, that being the first term held at the new county seat. October 10, 1511, the following licenses were granted by the court: To Ferguson & Morris, to keep a store in the town of Wilmington; to Warren Sabin, to keep a tavern in Wilmington; and to Asa Holcomb, to " sell foreign merchandise in the town of Wilmington." February 4, 1812, the last will and testament of John Sanders, deceased, was
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