USA > Ohio > Montgomery County > The history of Montgomery county, Ohio, containing a history of the county > Part 32
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The second session of court was held here on the 22d of November, of the same year. The Grand Jury held their session under a tree back in the bushes;
302
HISTORY OF MONTGOMERY COUNTY.
the crowd gathered around them so that the aid of the Sheriff was called to keep them from hearing the testimony of witnesses and the deliberations of the jury. The first indictment was against one Pater Sunderland, for an assault and battery on Benjamin Scott, "then being in the peace of God and of our State." Sunderland pleaded guilty and was fined $6 and costs. Two other criminal cases and four civil cases were also tried, and court adjourned next day.
For the first few months of Col. George Newcom's administration as Sheriff of the county, there being no jail, it was his custom to put the white prisoners in an old, unwalled, dry well that was on his lot; and when it was necessary to arrest Indians, they were " bucked," and fastened in his corn crib.
As there was but little money in circulation, penalties were often imposed by fining the parties five deer skins, a bale of pelts, or from 100 to 300 bushele of corn; one man was fined a barrow pig, another 200 pounds of pork. Secur- ity was required in so much corn or other produce. The punishment for nearly all minor criminal offenses was a sentence of from one to thirty-nine lashes on the bare back of the offender; the sentence was usually immediately carried into effect by the Sheriff. The court sometimes, to emphasize the sentence, would add, " and well laid on." Owing to the trouble of caring for the pris- oners who were sentenced to confinement, it was always a source of gratification to officers and citizens to know that such had escaped from prison, and left the community.
THE JAIL.
The Sheriff held prisoners as best he could until the first log jail was built in the fall of 1804. On the 9th of August, the Commissioners ordered the Clerk to advertise for the building of a round-log jail. September 28, the Board sold the contract for the building at auction to the lowest bidder, David Squiers, for $299. The agreement was that it should be done in a good, work- manlike manner. The building was soon completed, and was accepted by the Commissioners the following December. It stood on Third street, at the west end of the court house lot. The building was thirty feet long, sixteen feet wide and twelve feet high. A log partition divided the jail into two apartments; the floors were of hewed logs, closely laid and covered with heavy plank, secured with wooden pins; the ceilings were also of heavy planks. There was no communica- tion between the two cells, but each had an outside door of two-inch plank, spiked and hung on iron hinges. One cell was lighted by a single window of four lights; the other cell had two windows, of twelve lights each, all eight-by-ten glass. The windows were secured with iron bars and shutters of two thick- nesses of two-inch plank. In one of the cells a stone fire-place was built, with a back wall four feet thick. The doors and shutters were secured by locks on the outside, the keys to which were kept by the Sheriff at his tavern, at the upper end of Main street. During court sessions, it was customary to appoint a door-keeper, whose duty it was to take prisoners into court and return them to jail. This first jail was a strong box, answering every purpose of a prison until after the war of 1812, and was not torn down until it became desirable that the Sheriff should live at the jail.
ELECTIONS OF 1803.
The first election held in the county after its organization was for Member of Congress, June 21, 1803. The following shows the vote cast:
Dayton Township-Jeremiah Morrow, 43; William McMillan, 61; Wil- liam Goforth, 0.
Washington Township-Jeremiah Morrow, 67; William McMillan. 27; William Goforth, 1.
!
303
HISTORY OF MONTGOMERY COUNTY.
German Township-Jeremiah Morrow, 3; William McMillan, 51; William Goforth. 2.
Elizabeth Township-Jeremiah Morrow, 62. Total-Morrow, 175; McMil- an ,139; Goforth, 3; total, 317.
The returns were signed, Isaac Spinning, John Ewing, Associate Judges; Benjamin Van Cleve, Clerk.
The election held the second Tuesday in October, was for Sheriff and Coroner, with the following result:
For Sheriff-
Dayton Township-George Newcom, 69; John Gullion, 1.
Washington Township-George Newcom, 39.
Elizabeth Township-George Newcom, 33.
German Township-George Newcom, 7. Total-Newcom, 148; Gullion. 1.
For Coroner-
Dayton Township-James Miller, 69; D. C. Cooper, 1.
Washington Township-James Miller, 40.
Elizabeth Township-James Miller, 33. Total-Miller, 142; Cooper, 1. No votes were cast for Coroner in German Township.
ELECTION APRIL 2, 1804.
Monday, April 2, 1804, an election was held for County Commissioners There were twelve candidates; only five of them, however, received any consid- rable number of votes Edmund Munger, John Devor and William Browne were elected. The first session of this first Board of County Commissioners was held at Newcom's Tavern, June 11, 1804. They decided by lot the length of time that each should serve, resulting as follows: William Browne, three years; Edmund Munger, two years; and John Devor drew the short term, which was until the next annual October election.
At a meeting of the Commissioners, August 4, it was ordered that a tax be laid on all the items of taxation in Dayton, Washington and German Town- ships, as high as the law allowed, amounting to $458.40, and, in Elizabeth Township, two-thirds of what the law allowed, amounting to $48.824. It must be remembered that the county, at that time, included the territory now in Preble, Montgomery and a portion of Clark, and extending north to the State boundary line.
TAX DUPLICATE-1804.
A list of names of resident proprietors of lands in Montgomery County, in 1804, and the land tax by each:
Adams, George. $2 80 -
Brower, David. 35
Archer, Benjamin.
2 40
Bowser, Daniel, Sr. 5 25
Aiken, James.
80
Bowser, Philip. 70
Archer, James.
50
Bowser, Daniel, Jr.
1 05
Archer, Samuel.
50
Bowser, Henry
70
Broadaway, Samuel
80
Bradford, John. 80
Bigger, Abigail.
2 40
Barnett, John .. 60
50
Blair, William.
50
Bigger, Jonathan, and S. White ...
3 20
Beck, Samuel.
75
Banta, Albert.
47
Bailey, John.
80
Buckles, John.
1 85
Beck, John ..
30
Bowser, Daniel, Sr.
1 12.5
Banta, Abraham.
3 72.6
Byers, Jamcs.
2 20
Clark, Joseph L. 1 10
60
Bowman, David.
52
Clawson, Josiah.
50
Bowman, John, Jr.
70
Clawson, Peter. 80
Bennet, Benjamin
53
Craig, John. 98
Brower, Christian.
50
Chevalier, Anthony.
28
Cooper, Daniel C. 6 65.7
Bowman, John, Sr.
68
Clawson, Thomas
Baltimore, Philip
30
Bolton, Samuel.
304
HISTORY OF MONTGOMERY COUNTY.
Crane, Joseph H.
80
Luce, John.
$ 80
Crothers, James
1 60
Luce, William.
40
Clark, William.
2 10
Lamme, William.
4 10
Davenport, Jesse
78.5
Ludlow, Jeremiah.
40
Devor, John. .
1 60
Maltbie, Benjamin.
1 00
Davis, Thomas.
1 00
Munger, Jonathan.
52
Duncan, John.
80
Munger, Edmund.
2 40
Day, John ..
50
Mitchell, Edward, Sr.
80
Day, Robert ..
30.5
McCabe, John.
70
Davis, Hannah
50
McGrew, John.
1 05
Demott, Abraham.
80
Mason, Richard.
4 80
Donnel, Jonathan.
1 14.5
Miller, David.
50
Ewing, John.
2 75
Miles, James
50
Eastwood, John.
42
Mikesell, John.
60
Ewing, James.
40
Moyer, Michael.
3 0%
Ellis, William.
50
Miller, Daniel.
1 05
Edgar, Robert.
40
Mikesell, Joseph.
25
Ewing, Robert ..
80
Miller, John Brower
25
Eadings, Benjamin
1 60
Moyers, Henry
12 06.1
Ellis, Rowland.
30
Mollenton, Jacob
61.5
Ferrel, Daniel.
72.5
Mikesell, Peter
25
Fouts, Henry.
80
Miller, John ..
60
Fincher, William
50
Mason, William.
50
Fout, David.
2 13
McClure, James.
80
Fout, William.
1 00
Mast, David.
3 20
Fout, Jacob, Sr.
84
Miller, James, Sr
2 40
Gillespie, James
80
McGrew, John.
1 35
Gregg, Smith.
50
Miller, Jacob.
1 43
Gillespie, George
1 00
Millegan, James
80
Gerard, Abner.
1 20
Miller, James, Jr
80
Gilchrist, Robert.
1 64
Matthews, James.
1 60
Griffing, Daniel.
50
Mendenhall, Caleb.
50
Gerard, Jacob.
75
Mote, Jeremiah.
1 60
Hatfield, Thomas.
1 00
Newcom, Matthew
50
Hatfield, William.
40
Newcom, George.
1 60
Hole, John ..
20
Newcom, Thomas.
1 35
Hole, William.
50
Neff, John.
8 98
Hole, Zachariah.
1 12
Nisbet, James I.
3 20
Horner, Nicholas
1 22.5
Neagely, Philip.
3 20
Haggin, John.
4 27
Naffsinger, John
2,85
Harding, John.
60
Nutt, Aaron ..
1 10
Harding, Robert.
77
Nutz, Frederic.
1 40
Heck, Jacob ..
07
Nutt, Aaron
50
Hawkins, Samuel.
80
Pauley, John.
2 24
Hatfield, Jonas. .
77
Porter, James.
1 05
Hartsel, Abraham.
42
Pettigrew, James
1 60
Howard, Samuel.
50
Pettigrew, James.
1 83,2
Holmes, William.
2 85
Parson, Matthias.
90
Huston, Edward
25
Patterson, John, Sr.
1 60
Huston, John.
90
Patterson, Robert.
2 24
Hoover, John.
4 00
Patterson, James.
80
Hoover, David.
80
Patterson, George.
80
Hoover, Daniel.
80
Patterson, John, Jr.
80
Hosier, Abraham.
80
Price, John.
50
Huston, Alexander
75
Rogers, John.
1 45
Hole, Zachariah.
1 20
Robinson, William.
80
John, Thomas.
80
Riffle, David. .
40
Isley, Conrad.
3 20
Reyburn, Joseph
80
Janny, Abel ..
25
Reeder, Joseph.
80
Knotts, Nathaniel.
40
Reeder, Daniel H.
80
Kripe, John.
35
Robbins, Benjamin.
80
Kripe, Daniel.
. 55 4
Russel, James.
80
Kripe, Samuel.
25
Rour, Joseph.
1 05
Keen, Philip.
70
Robbins, Daniel.
1 09.9
King, William
2 73.5
Richmond, Jacob.
2 72
Lock, Andrew.
3 20
Scott, Alexander ..
2 80
Lary, Daniel.
1 45.5
Smith, Benjamin.
70
Lyon, Nathaniel.
70
Swineheart, Gabriel.
1 09.4
Long, Jacob
1 60
Stansel, Henry
1 00
50
Hamer, William.
1 00
Pursley, James.
John Vance HARRISON Tp.
307
HISTORY OF MONTGOMERY COUNTY.
shanks, Joseph.
20
Tibbols, Samuel ..
17 14
Sunderland, Richard.
80
Van Cleve, Benjamin.
80
Sunderland, John.
80
Van Cleve, William.
21
Sunderland, Peter.
80
Wade, John ..
50
'eott, Robert.
80
Wilson, Robert.
6 40
Scott, James
50
Westfall, William.
45
¿quier, David.
50
Westfall, George
30
sinks, George, Sr.
1 60
Willis, William.
1 10
Snodgrass, William.
75
Wead, Ebenezer.
50
inodgrass, Alexander.
60
Whitesell, Tobias.
50
spinning, Isaac.
4 80
Whitesell, Henry Wallingsford, Benjamin.
80
Jeott, James G. T.
1 40
Waugh, William.
1 30
chidler, George
4 48
Waggoner, John. Weaver, Peter.
4 80
Tennery, George F
15
William, Willis.
50
Thomson, Samuel
39.2
Worthington, George
30
Thomson, James.
1 95
Wilson, James ..
4 56.5
Cibbols, Noah.
2 80
Williams, Michael.
1 60
Total
$373 96.9
In September of that year William Browne resigned, and December 13, he County Judge appointed Samuel Hawkins to fill the vacancy.
1804 AND 1805.
Before the post office was established at Dayton, in the spring of 1804, he only post office for all of the Miami Valley, and as far north as the lake, vas at Cincinnati, and, for a year or two after the Dayton office was opened, ettiers in the territory to the north, and as far west as Fort Wayne, were obliged to come to Dayton for their mail.
RANDOLPH TOWNSHIP.
It was formed from Elizabeth Township, by the County Commissioners, November 6, 1804, and elections were ordered to be held at the house of David Hoover. The town of Salem was laid out, in seventy-five lots, by John Leath- rman, January 15, 1816. Harrisburg was platted, forty-nine lots, May 6, 1841, by Samuel Harr, David Raser, Daniel Raser, Mathias Gish, Thomas Kearns Ind David Langnecker.
With the opening of the spring of 1805, settlers were constantly coming n; the new-comers were directed to the rich farming lands that had not yet been improved. A very large colony came to Mad River, and many went in o the woods to the northwest of Wolf Creek, locating, as they fancied, a spring, r running stream, a hill, a patch of prairie, or a wide range for cattle and horses. The rich little valleys were acquiring commercial value, new settle- nents were being made, and the faint blue smoke from cabin chimneys could be seen in all directions, curling above the waves of green tree-tops. The hospi- ality of the pioneers was limited only by their means to indulge it; the new- comers were welcomed and given all possible aid.
JEFFERSON TOWNSHIP.
It was formed from German, June 10, 1805. Harding Township was formed at the same time, and included about all of the territory now within Preble County.
It was the custom for twenty years after the organization of the county, and even to later years than that, to take care of orphans or poor children by " binding them out" until they should become of age. The first record of in- denture is that of Seni Culbertson, an orphan girl five years of age. Squire Joseph Rayburn, with the Overseers of the Poor of Dayton Township, -- , William Hamer and Joseph Miller-on the 30th of August, 1805, bound her to
F
30
Stuart, William.
80
1 51
short, Payton .. 71 80
308
HISTORY OF MONTGOMERY COUNTY.
faithfully and cheerfully obey all lawful commands of her master, and to be- have herself in a becoming manner. She was to be instructed in all necessary housework, cooking, washing, sewing and spinning; to be taught reading and writing, if capable of taking them up. She was to be found in boarding, lodg- ing and suitable clothing. When she became eighteen years old, she was to re- ceive a feather bed and covering, a small spinning-wheel, a half dozen each of plates, knives and forks, and a set of tea ware.
Henry Culbertson, a brother of Seni, was the same summer apprenticed to a saddler of the town until he should be twenty-one years of age; was to be taught saddlery, and, if he be capable of taking them up, was to be taught reading, writing and ciphering, and, at the end of his time, receive a new suit of clothes.
A colored girl brought here as a servant to live with the family of D. C. Cooper, on his farm south of town, is the first colored person known to have come to the Dayton settlement. She came here in 1803, and shortly after gave birth to a boy child, which she named Harry Cooper. When the boy was two and a half years old, he was indentured to D. C. Cooper until he should arrive at the age of twenty-one years, Cooper agreeing to teach the boy the trade of tanning and milling, and, if he prove capable, he is to be taught reading and writing. He was to behave himself in a becoming manner, to have boarding, lodging and clothing free, and at the age of twenty-one was to receive two new suits of clothes, a saddle and a second rate horse.
In December of the year 1805, the colored woman gave birth to a girl baby -Poll-who, when she was nine months old, was bound to Christopher Curtner until she should be eighteen years old. She was to be taught to read, and all duties of housekeeping; was to have every-day clothes and a suit for Sunday, with board and lodging free. At the end of her time, she was to have a feather bed and bedding, plates, cups and saucers, and knives and forks for a common table.
In June, 1805, ferry rates were fixed by the County Commissioners as fol- lows:
For each loaded wagon and team, 75 cents; for each empty wagon and team, 50 cents; for each two-wheeled carriage, 37} cents; for each man and horse, 122 cents; for each foot person, 6} cents.
Licenses were fixed as follows:
Lawyers and doctors, each, $3; taverns, in Dayton, $9; taverns on the, road between Dayton and Franklin, $6; taverns at all other places, $5.
In the next year licenses were increased $1 each, and the ferry rates were also advanced. The Commissioners in June, 1805, advertised in the Cincin- nati and Lexington (Ky.) papers for proposals for building a brick court house in Dayton. The place of holding courts was changed from Newcom's Tavern to McCollum's brick tavern for the fall term of 1805, and the courts were held there until the new court house was completed. The Commissioners paid $25 per annum rent.
THE BRICK COURT HOUSE.
The contract for building the brick court house was let February 3, 1806. The building was forty-two by thirty-eight feet; two stories high; jury-rooms above and court-room below; and, although not finished, was occupied the fol- lowing winter. There were no locks on any of the doors for four years after- ward. The only furniture in the court and jury rooms were a few three-legged stools and a bench. At first the juries were not furnished with seats, and it was not until the year 1811 that tables were placed in the building; then benches were provided for spectators. In 1815, a cupola was built on the court house, and in the fall of the next year a bell was hung.
309
HISTORY OF MONTGOMERY COUNTY.
SCHOOLS.
It is difficult to fix the time that schools in the townships were first opened, a there is very little of record in reference to it. In Dayton, the first school 7.3 held in September, 1799, in the block-house at the head of Main street. I the winter of 1804-05, cabin schools were in operation in Mad River, Wash- inton and German Townships, and in Dayton. As the neighborhoods in other pts of the county grew stronger each winter, log schoolhouses were built, al it is probable that, in 1810, there were ten such country schools in existence. A,ilts, as well as children, attended them, but the aggregate of attendance w's not very large. These first log-cabin schoolhouses in the townships were p, up in a few hours by the settlers of a neighborhood. The schools were all kod up by subscription; children whose parents were unable to pay, were ad- n ted free; schoolmasters boarded around among the patrons of the school, a l their pay was small. The master was not always master; as a rule the b's were unruly; and by reason of the large reserve of "big brothers;" com- b ations were often made to "bar out " the master, and sometimes even drive hi from the neighborhood. The good-natured master who would begin his tim by standing treat to cider or apples for the school was the popular kind, 8:l was less liable to be " smoked " or " barred out." Children usually sup- ped themselves with books by trading produce of their own raising, furs of a mals that they had trapped or shot, or rags that they had saved. Two or thee winters of schoolin' was considered enough, and even to secure that most o: he children had long, lonely walks through the woods, in cold, and wet and si w. However, school children were reasonably happy, and had good times, a most of school children do.
DIVISION OF MONTGOMERY COUNTY. .
By act of Legislature, passed January 16, 1807, to take effect March 1, 1 )7, Miami County was erected, thus reducing the boundaries of Montgomery Cinty to the territory now within Montgomery and Preble Counties. Town- slp lines were adjusted to suit the new county lines. Washington Township lies were not changed. The territory now in Harrison Township, south and wit of Stillwater, had been added to Dayton Township, January 2. June 1, tl west line of the township was continued on up to the Miami County line, scthat at that time Dayton Township included all of what is now Van Buren, Errison, Dayton, Mad River and Wayne Townships, and Butler, to the west lip of the sixth range of townships, and in the southwest corner of the town- s. p, west of the Miami River, fractional Sections 19, 20, 29 and 30, in Town- &p 1, Range 6; these sections were, in 1831, attached to Miami Township. Endolph Township included what is now in Clay and Randolph, and east of Sulwater to the sixth range of townships. German Township was what is now inthat township and east to the Miami River, and two tiers of sections that are nv in Jackson Township. Jefferson Township included all of Jefferson, J kson (except the two tiers of sections in German), Madison and Perry Town- 8. ps. Harding Township was the whole of Preble County.
September 8, 1807, Eaton Township was formed from Harding Township, winclude all of the first and second ranges of townships between Butler and Mami Counties. March 1, 1808, Preble County was erected.
ROADS.
Winding little paths, lines of communication between neighborhoods, had w lened out to shady roads. At first the pioneers, without compass, had picked tir way to the nearest settlements around, wading through the rank weeds
310
HISTORY OF MONTGOMERY COUNTY.
and tangled vines, swamps and long grass of the prairies. In this way wer the county roads located along the ridges, across the streams and through th woods, flanked by jungles of weeds and underbrush, thickets of vines and scru growth. In 1807, these roads were open in all directions through the county From Dayton to Piqua, on both sides of the Miami; up Stillwater to Greenville up Wolf Creek seven miles. A column of Gen. Wayne's army had, in 179 cut a trace through from below Eaton, to New Lexington, Preble County, an along on what has since been known as the the Old Sled Road, to Salem, Rar dolph Township, in this county; thence straight to Fort Greenville. From Dayto there were roads to Springfield, Xenia, Gunckel's mill, Lebanon and Franklin The river road had that year been opened from the ford, at the foot of Fourt street, in Dayton, down through the bottoms, to intersect the Franklin road : Hole's Creek; a road had also been located from Hole's Creek, across the hill through the Shaker settlement to the Greene County line. From Hole's Station roads led to the mills up Bear Creek, and across to Gunckel's mill. From posite Franklin, a road followed up Twin Creek to Gunckel's mill, and on up New Lexington, in Preble County. The surplus products of the county weil hauled over these roads to the mills, or to the more central points, to be freigb ed to Cincinnati. The roads were narrow, but a single track, marked by tl deep ruts cut by loaded wagons, and were not much improved until 1839.
FRUITS.
The wild strawberry was found on the uplands, and there were servic berries, May apples, blackberries, wild raspberries, prickly gooseberries, de berries, wild plums, wild grapes, haws, hackberries, wild cherries, papaws al crab apples; hickorynuts, chincopins, walnuts, hazelnuts and butternuts. A ples, peaches, pears, plums and cherries were brought to the county about the order named. Apples were grown in the county as early as 1803, but n in great quantity until in 1806, at which time there were good orchards every part of the county, except in Clay and Perry Townships. The best r sults were found in budding on wild crab stocks. Silas Wharton had an exte sive nursery two and a half miles west of Waynesville, in 1818; he had apple pears, plums and cherries, and it was the first nursery in this part of the Stai In the winter of 1823-24, Solomon, Hoover & Co. began selling apple-tre from their nurseries, two miles south of Milton, Union Township, Miami Count
WHISKY AND WHISKY-MAKING.
At one time, nearly every well-to-do farmer in the county had a little co per still of his own, in which he made his "old rye," "apple-jack" and co whisky; many of them made from one to ten barrels each year for shipmer They kept whisky in their cabins for their own use, and to bid neighbors al friends good cheer. Whenever they came along, the bottle and cup were ways handed around, the host drinking first. Morning bitters were popul then, as now, and the men usually took a dram befere meals. Women troat their visitors to whisky and sugar. Milk punch was a favorite with all. Whis was used with roots and herbs in making medicines, and was used as a prever ive as well as a cure. About all the facilities the county offered for advert ing, was by telling all the neighbors, and requesting them to tell all of th neighbors, and everybody else.
INDIAN SUMMER.
The first few days of disagreeable, cold weather in the fall, was known Squaw winter; after that the pleasant weather that came was known to Weste pioneers as Indian Summer-so called from the fact that the renewal of ple:
.
311
HISTORY OF MONTGOMERY COUNTY.
¿t days afforded the Indians further opportunity for depredations in the set- t ments. The whites enjoyed perfect peace and freedom from such incursions though the winter. After the Indian Summer had passed, the hunting season Igan, provisions were laid up for the next summer, so that the whole time rght be given to farming.
HUNTING AND TRAPPING.
The forests were full of game-wolves, wild-cats, foxes, panthers, bears, cer, wild turkeys, ducks, geese, rabbits, coons, possums and squirrels, and the r ers were stocked with fish. At the time Daniel Boone came to the Kentucky lads, and when the white settlers began coming through the mountains to the (io Valley, herds of buffalo and elk roamed the forests and prairies of Ten- Issee, Kentucky and all north of the Ohio River to the Mississippi. In 1780, ven Gen. Clark's expedition against the the Indian village on Mad River, Ezenteen miles above Dayton, had recrossed the Ohio River, being scarce of jovisions, a buffalo was killed on Licking River. November 4, 1787, two were I led as they were swimming the Ohio River at the mouth of the Big Miami. Ivember 18, several were killed above the Big Kanawha; a great many were i the Wabash Valley that same year and over in Kentucky. In 1788, in a let f. written at Marietta, to a friend in Massachusetts, the writer says: "We I've seen twenty buffalo in a drove, and deer are as plenty as sheep with you; laver and otter are abundant."
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