USA > Ohio > Darke County > The history of Darke County, Ohio, containing a history of the county; its cities, towns, etc.; general and local statistics; portraits of early settlers and prominent men; > Part 28
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We have spoken of Rush and Studabaker's block-houses, and there were gar- risons at Jefferson and Greenville, beside a fortified house on the banks of Still- water, in Richland Township, on Section 34, near the cemetery. One other tragic event recalls the earlier day, the murder of the Wilson girls, in July, 1812. Two children, daughters of William Wilson, residing near Minatown, were out one day gathering wild berries between their home and the creek, when they were set upon and killed. It appeared as if their heads had been dashed against a tree, and their
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scalps had been taken. They were buried near where their bodies had been found, and from this period the attention of the reader is called away to measures of peace, law and permanent improvement.
Several dwellings and four block-houses were erected in Greenville, prior to the war of 1812. The houses were all on Water, Walnut and Ash streets, and the block-houses were located as follows : One on Lot No. 59, Main street ; a second on the same street ; a third on Water Street, beyond the limits of the town, near the old cemetery, and the fourth on what is now Sycamore street, in Gray's Addi- tion, and beyond the early limits of the town.
In the year 1814, Abraham Scribner brought to the place a small stock of dry goods and groceries, and opened a store in the first-named block-house, where he enjoyed quite an extensive patronage. Upon this small lot he erected a dwell- ing, which still exists, and is used as a residence by Mr. Schubert. Charles Sump- tion was also a dealer in merchandise in the village at this time, as were probably Samuel Harmer and Linus Bascom, who were engaged in the dry-goods business in 1816.
At this early period of existence. Greenville was honored as the place of assembly for the agents of the Government, and delegations from various Indian tribes, to consummate a second treaty. This took place on the 22d of July, 1814, and was conducted, on the part of the United States, by Gen. William H. Har- rison, who was afterward President, and Gen. Lewis Cass, then Governor of Michigan Territory, together with the friendly and faithful Wyandots, Delawares, Shawnees and Senecas, who were most prominently represented by Capt. Pipe, Tarhe, Little Turtle and Black Hoof and some others. The United States Com- missioners made their headquarters at the house of Abraham Scribner, at the northwest corner of Elm and Water streets. At this treaty, the Government agents and the tribes named gave peace to the Miamis, Weas, and Eel River Indians, and to certain of the Pottawatomies, Ottawas, and Kickapoos. All, whether allies or aliens at this treaty, bound themselves to take part with the Americans in case of a continuance of the war with Great Britain. Happily, England and the Republic soon concluded a peace, and the treaty was followed, in 1816, by others with the various Western and Northern tribes, thereby giving to the frontiers quiet and security once again. The speaking at the second Greenville treaty took place in a little grove on the opposite side of the street from Scribner's, on the lot now occupied by the residence of Michael Miller, Esq. According to the testimony of an eye-witness, it was, with a single exception, the largest, most notable meeting ever held in Greenville. The Indians came dressed in all the toilet of their respective tribes-plumes, scalp-lock and paint ; all the attendants of barbaric splendor were admirably set off by the more serviceable, if not picturesque, uni- forms of the United States soldiers from Cincinnati and Fort Wayne. It was long spoken of by the early settlers, who attended from a distance of many miles, as an occasion of rare occurrence, worthy of commemoration in the annals of the county.
As will be noted later, the consciousness of security at last broke down one formidable barrier to settlement ; the refugee settlers returned to their old homes to repair the ravages of time and to renew their labors, while from the older counties ; from Kentucky, Pennsylvania, Maryland, the Carolinas, families of emi- grants by water, wagon, on horseback and on foot, plodded their way northward from the Ohio, or westward, and quietly settled in and about the older clearings, gladly receiving the proffered assistance of the pioneers. Greenville received its share of population in due proportion. Dry goods were sold by Easton Morris and the Hoods, Robert and William, as also these necessary supplies were for pur- chase at the establishments of Linus Bascom and Abraham Scribner. The neces- sity of places of entertainment for man and beast was supplied by the opening of taverns by Azor Scribner and Moses Scott, whose bar for the refreshment of the thirsty was an indispensable adjunct of the early day hostelry. Among citizens
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there were old Mr. Devor, Dr. Perrine, unmarried and commencing a practice destined to become extensive and laborious, and John Beers, whose official services were about to be required on occasion of the organization of Greenville as the county seat.
THE COUNTY SEAT.
Darke County, as stated, was created by act of the General Assembly January 3, 1809 ; but, on account of delay in settlement from canses shown, organization was postponed until December 14, 1816, when the actual and promised population warranted an independent government and enabled this section to act for itself.
As has frequently been the case and still continues to be the practice in the new counties of the States just settling up, there were not wanting enterprising and speculative men keenly alive to the pecuniary profits sure to result from owner- ship of land set apart for a county seat. A strife arose in Darke County, and there was sharp competition for the site of the county seat on the part of various landholders desirous of securing some profit from an advance in values. Enos Terry laid off a town plat on Herdman's farm, over the creek, and by some means had the plat established as the county seat. This act proved almost entirely unsatisfactory, and a pressure was brought to secure its repeal. This was accom- plished, and Commissioners were chosen to make the required location. David Briggs was anxious to have it established near the present junction of the Gettys- burg and Milton pikes, but a quietus was put upon the proposition by the facetious suggestion of John Studabaker that it would require at least forty Constables to keep the frogs quiet while the Judge was delivering his charge to the grand jury. The location was finally made, as it now stands, at Greenville, by the Board of County Commissioners, in consideration of the acceptance of a proposition made by Mrs. Armstrong to donate the county the one-third of the ninety-six lots con- stituting the original town plat for such public uses as might be deemed desirable in the future, whether as sites for public buildings or as land for sale outright, upon which to realize funds for county purposes ; deed of sale was made to the Commissioners of Miami County, and placed on record upon the register at Troy ; those officials then gave a deed of the property to the county of Darke.
The first meeting of the Board of County Commissioners was held in June, 1816. The Board consisted of Archibald Bryson, Abraham Studabaker and Silas Atchison. John Beers was appointed Clerk for one year and John Devor was made Tax Collector. His bond was fixed at $3,000. David Connor, heretofore referred to, was the sole signer of this, the first Treasurer's bond, and his name was considered sufficient. The first act of the new officers was to fix the rate of license for tavern-keepers and storekeepers, which was placed at $8 for the former and $10 for the latter. A tax of 30 cents a head was levied on horses and 10 cents a head on cattle. The only roads at this time were the paths made by the Indians, the roads pursued by the armies, and such as were cut by the settlers in moving upon their claims. At this, the first session of the Commissioners, it was "ordered that a road be viewed and surveyed, leading from Greenville across the bridge at Enos Terry's, and thence by the nearest and best route in a direc- tion toward Fort Loramie, until it strikes the county line." David Briggs, David Thompson and Moses Scott were appointed viewers, and John Beers, surveyor. They were ordered to begin their work on the 26th of June, 1817.
On the 3d day of July, the Commissioners ordered Lots 36, 62, 20, 56, 39 and 53, in the town of Greenville to be sold for the purpose of raising funds to build a jail on the public square. These lots were accordingly offered for sale on the second Monday of the following August. The price realized was $47.75 ; one- half was paid in cash, the other was given one year's time.
For some reason, perhaps from there being little call for a place for confine- ment of criminals, the contract for the construction of a jail was not let until 1818, when the work was undertaken by Matthias Dean for $300; one-half down as an advance, and the remainder when the work was completed and accepted.
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It is always of interest to peruse the first records of any association or cor- poration, as by them we are enabled to learn the ability and character of the men chosen to lead in eivil affairs and by comparison with the acts of later years, from an estimate of the growth of improvement, increased wealth. and. in some instances, disproportionate cost. These retrospective pages are generally favorable to the pioneers since they seem to have acted with decision, economy and prudence. To this end, we copy verbatim the record of the first session of the Court of Common Pleas for this County :
" Darke County organized, March 1, 1817. Court of Common Pleas of Darke County, aforesaid, March 13, 1817. Before session, to appoint a Clerk pro tem. and Recorder. Enos Terry. John Purviance and James Rush, Esquires, Associate Judges, as appears by their commissions. John Beers was appointed Clerk pro tem., to give bond 7th of 'April next. The appointment of Recorder was postponed till 7th of April next. Court adjourned until April 7, to meet at the home of Moses Scott, at Greenville. Signed. Enos Terry." These few lines, brief as they are, present the minutes, in full, of the first special .term, and are a marked contract, in simplicity, with the verbiage of later special terms.
The next session was held, pursuant to adjournment, as shown by the following complete transcript of the proceedings :
" Common Pleas met agreeable to adjournment. The same judges as on the 13th of March last. John Beers resigned his appointment of Clerk pro tem .. and Linus Baseom was appointed Clerk pro tem., in his room. Abraham Scribner appointed Recorder. Conrt adjourned without day. Signed, Enos Terry." The first regular term of the Court of Common Pleas was in June, 1817. Joseph H. Crane, of Dayton, was the first Presiding Judge, with the associates above named. They all produced commissions, signed by Thomas Worthington. Governor of Ohio, and at once entered upon the performance of their duties. The records show no grand jury in attendance at this first term, for the good reason, as the minutes show, that there was " no Sheriff, Coroner or other officer qualified to serve and return proe- ess." and that there had been "no venire facias for a grand jury served and returned." These facts having been officially made known to the court, it was " ordered that a venire facias issue, directed to Moses Scott." who was especially authorized and empowered to serve and return, commanding him to summon fifteen good and lawful men of the county, to appear forthwith, at our court house in Greenville, to serve as grand jurors ; upon which writ the said Moses Scott returned that he had summoned John Loring, John Andrews, James Cloyd. Daniel Potter, Robert Douglas, Abraham Miller, Filder G. Lenham, Daniel Holley. Joseph Townsend, James Williamson, John Ryerson, David Briggs, Levi Elston, Martin Ruple and Peter Rush, who, being chosen and sworn and charged, retired to their room." Few are left who had a personal acquaintance with these men; and they, the first Darke County grand jurymen ever impaneled, have long since passed away. The latest survivor was James Cloyd, who was a resident of German Township, and died, at a ripe old age, a few years before the civil war.
We again quote from the minutes : "The court appointed Henry Bacon to act as prosecutor, on behalf of the State of Ohio, for the county of Darke, until the further order of the court thereon. The grand jury found several indictments at this term. Among others, there was one against Robert Hood, for " selling whisky to the Indians." Another indictment was found against William R. Jones, for assault and battery. it being alleged and proved that he had flogged an eaves- dropper for peeping through the cracks of the log cabin at the grand jury, while they were holding their session. The Constable was convicted and fined $8 and costs. This may have been right. but the fellow deserved what he got, and the Constable was not wanting in the discharge of his duty. His ignorance of legal technicalities and his zeal outran his discretion, and his punishment by fine and dismissal was severe.
The various defendants to several indictments found were duly arraigned, and, as a matter of course, entered a plea of " not guilty." Matters were now brought
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to a dead halt. as a reference to the record showed "no persons returned to serve as petit jurors." Acting Sheriff Scott was, therefore, at once ordered to "summon twelve good and lawful men of said county to serve as petit jurors," upon which writ the said Moses Scott returned that he had summoned Charles Sumption, John MeFarlin, James Williamson, John Break, Charles Read, Jacob Miller, William Montgomery, Robert McIntyre, James Perry, Aaron Dean, Alexander Smith and Zachariah Hull." Of these, the first petit jury ever impaneled in Darke County, none are known to be living. The latest survivor, so far as ascertained, was John McFarlin, of the township of Jackson. At the close of this term, the following entry was placed on record : "The court allows Henry Bacon, Prosecutor for Darke County, $10, for services at this term."
On the second Monday of August, 1817, Moses Scott presented his commis- sion from the Governor, as Sheriff, and gave a bond of $4,000. On the same day, William Montgomery presented his commission as Coroner, and gave a bond for $2,000. There were two courts a year. Each term lasted but one or two days. It took a ride over nearly the entire county to summons men enough to make up the two juries. The grand jury rarely sat more than one day. Services were paid for in county orders, which were current in exchanges, at 50 cents cash on the dollar, as there was no money in the treasury. The allowance to each grand juror was 75 cents per day ; the petit juror was paid but half a dollar, but received this on each trial, and this was paid by the winning party.
The first court had been held in the bar-room of Azor Scribner, and as was just and fair, the second was appointed for the 14th of November, 1817. in the bar- room of Scott's Tavern. The first case called was an action for debt, in which Anthony Ricard appeared as defendant. The Clerk's fees were $2.50; those of the Sheriff were $1.17, and of the Attorney, $5-making a total of $8.67. At this time, William, son of Moses Scott, had been elected Sheriff. The tavern, in those days, was the place for assembly to exchange items of news, join in a sociable glass and partake perhaps of the plain but abundant fare offered.
The event of a court was a novelty, and a number of the settlers gathered about and curiously observed the proceedings. A panel of grand jurors, among whom was John S. Hiller, was sworn in, as a matter of course, and received the charge from Judge Crane, then on the circuit. Gen. James Mills was foreman, and the party was conducted to Azor Scribner's bar-room, and duly furnished by the hospitable inn-keeper with a bottle of good whisky and a pitcher of water. Soon a man was admitted who testified that he had been assaulted, wounded, beat and otherwise ill-treated. On his retirement, another entered, who witnessed that his predecessor before the jury had committed a like offense upon him. The case was by no means a clear one. The foreman was about to take the sense of the jury, when he announced that " it had been rulable in Butler County, where he came from, to require the youngest juryman to vote first." This chanced to be Hiller, who naturally entered an objection, saying that as this was his first experience on a jury, he did not wish to be forward in giving an opinion. The bottle was then brought into requisition, and after disposing of the liquor to gen- eral satisfaction, the case was formally decided. At the close of the day, the jury was discharged and court adjourned sine die.
COUNTY BUILDINGS.
A laudable pride is manifested in the matter of public building, and this has kept pace with the growth of resources. In the beginning, the aim was low taxes, strict economy in public expenditure and a desire to pay the county debt. The new county had entered upon its career houseless, roadless and bridgeless, yet the average tax did not exceed $3.
We have noted the construction of a jail. - The Commissioners, at the time of letting the contract, in 1818. were A. Studabaker, A. Bryson and Jacob Miller.
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Easton Morris was Clerk and James Devor was Auditor. Miller had succeeded Atchinson. The Commissioners cast lots for duration of term. Miller drew one year. Bryson two years and Studabaker three. The annual exhibit for the vear 1820, of receipts and expenditures of the county, were as follows : Received from Moses Scott, Tax Collector, $446.053 ; on notes and costs of roads, $185.64}; and of A. Scribner, tavern license, $10; fines, $16.50; license, $32 ; permits. $10.69 ; total, $59.19. Total. $700.89. Expenditures, by orders redeemed, $708.82.
The letting of the first court house was an affair of minor moment. The contract was taken by John Craig, whose work was accepted on June 4, 1824. This humble frame building, surrounded rear and front with additions, stands on . Third street, next the Odd Fellows' Building, and now of fifty-six years' duration; has served the purposes of a dwelling a period of forty years.
On Sunday morning, May 2, 1827, the log jail that stood on the public square, just back of where the city hall now stands, from some cause, had caught fire and burned down.
On the 29th of June following, a contract was let for the construction of a jail building to John Armstrong, for $525. It was originally intended to erect this structure on the east corner of the public square. but at a special session of the Board of County Commissioners, held September 13, 1827, a petition was presented, asking for the location of the jail on Lot 25. This was granted, and on June 3, 1828, this the second jail was received from the contractor, under a compromise, at $520. In 1830, the public revenues were augmented by the levy of a tax on doctors and lawyers-the former having been assessed at $3, and the latter a half- dollar less. It would be a gratification to learn on what grounds this tax was assessed, whether as a tax on incomes from the amount of business and good fees collected, or as a method of repression. If for the latter reason, it proved a signal failure ; not but that among this class have been and are found the most gifted and valued citizens in Darke County, but from the number who have chosen these mind-perplexing professions.
The increased business of the county called for a better public building, and, to this end the Commissioners met on January 7, 1833, to make selection of a court-house site. The location was made upon the center of the public square. Bids were advertised for, and on February 18 following the contract for erecting the building was let to James Craig for $2,490. The plan of the proposed struct- ure was prepared by Allan La Motte, who received in compensation $10.
The services of the Commissioners, during the five sessions held for the pur- pose of selecting the site, receiving bids, awarding contract and attending to minor matters, were donated to the county-a circumstance memorable for its rarity. The contractor was allowed and extra compensation of $27.20 for supplying pine shingles instead of oak, and $7.43 for sand, thus making the entire cost of the building $2.524.63. It stood forty years, and was of the type common to the times-two stories in height, roof four-square, and surmounted by a cupola.
Eleven years following the erection of this court house, on the 17th of April, 1844, the contract was let for a new jail to James C. Reed, for $3,800. but a failure was made in the matter of a sufficient bond; the next best bid was taken, and the contract was finally awarded to Allan La Motte and Israel Reed, for $3,975. This jail was built on the southeast half of Lot 25, and was received from the contractor June 3, 1845. The extras allowed amounted to $21. The building is now in use as a place of business, having a front erected flush with the side- walk and hiding it from public view, and, unless destroyed by fire, promises many years good service. Arrangements looking to the establishment of a county infirm- ary for the care of infirm, sick and disabled poor were made by the purchase, on March 18, 1854, by the County Commissioners, of a county farm containing 248 acres-the price paid being $6,000. Plans and specifications for the necessary build- ings were prepared and presented by Pearson Smith, who received $25 for the
John M Fines
MONROE TP.
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same. These plans were subsequently amended by Messrs. William Wells and Moses Hart. The contraet for building the infirmary was let on May 17, 1854, to Orin S. Culbertson & Co., for $7,198, with an additional sum of $88 for exca- vating for foundations. Work was completed and the building was received from contractors on January 31, 1856. Variation from the terms of the contract involved additional expense of $1,260.67, thus making the entire cost of the work $8.458.67.
The Darke County Poor Farm was deeded by John Spray to the County Commissioners at the time above stated. It is located two and a half miles south of Greenville, upon both sides of the Greenville & Eaton Pike, upon the southeast quarter, and about twenty-nine acres of the southeast corner of the southwest quarter, and eight acres on the northeast corner of the southwest quarter of Sec- tion 11, Township 12, Greenville Township, and about forty-one acres-part of the north half of the northwest quarter of Section 14, Township 11. The orig- inal building was a three-story brick structure, 40x84 feet, and 28 feet in height. In 1875-76, an addition was made equal to the original building, thereby doub- ling its capacity. There are now seventy-two rooms, including the cell depart-
ment. A laundry has also been added, 20x30, two stories, and an engine-house 18x30 feet, separate from the main building. The basement is mostly used for culinary and other domestic purposes. The second story is comfortably furnished, and does not present that repellant, forbidding aspect supposed by many persons to be inseparable from the county house. The buildings are advantageously located on high ground, and command a fine view of the surrounding country.
The officers are a Superintendent and three Infirmary Directors. The follow- ing is the roster of Superintendents : Jacob Shively, who served three years ; David Thompson, six years ; William Thompson, five years ; Crawford Eddington. seven years, and J. N. Braden, who is now serving on his third year. The Super- intendents are annually elected. The first Directors were C. Harshey, John S. Hiller and Joel Thomas. The present Directors are William Shaffer, J. A. Kelch and Samuel Emerick.
The first inmate was received March 1, 1856. That year, the average number received was but eighteen. On March 1. 1880, the number of inmates was 106. There are accommodations for 130. The infirmary building proper has cost $11,500. The present value of buildings, farm and improvements is estimated at $30.000. The number of acres under cultivation is 190. The value of what was raised on the farm in 1879 was $2,400. The expense of keeping up the institu- tion was for the same period $7,950. The balance in excess of income was therefore $5,550. The average expense for the last eight years above income has been nearly $7,000, as we are informed by the present Superintendent. Material improvements are being made upon the farm. Tile to the extent of 400 rods has been put down within the last two years. Fruit trees have been set out. and other advantageous progress made. The orchard product last year was 450 bushels of apples-an amount fully equal to the requirements of the infirmary. There were raised on the farm, 1.295 bushels of wheat, 578 of oats, 5 of clover seed, 3,300 of corn, 1,050 of potatoes, and 5,500 heads of cabbage. Sixty-eight hogs were killed, making 18,000 pounds of pork, and 9 beeves, making 4.250 pounds of beef. There are 42 head of cattle on the farm, 5 horses, and 140 head of hogs.
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