Twentieth Century History of Findlay and Hancock County, Ohio, and Representative Citizens, Part 11

Author: Jacob Anthony Kimmell
Publication date: 1910
Publisher:
Number of Pages: 1189

USA > Ohio > Hancock County > Findlay > Twentieth Century History of Findlay and Hancock County, Ohio, and Representative Citizens > Part 11

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HISTORY OF HANCOCK COUNTY

the patriotic sentiments of the nation and enthu- siastic expressions of loyalty to our time-hon- ored flag fell from the lips of old and young. Findlay, being the county seat, was the princi- pal point where public sentiment found out- ward expression and the action taken here will serve to illustrate the patriotism of the people throughout the county.

Early on the morning of April 17, 1861, a few national flags were thrown out to the breeze, the sight of which seemed to kindle a patriotic fire in every heart. Presently a large American banner was suspended across Main Street from the court house to Reed's Hotel. The town soon began to present a lively ap- pearance, and when the band headed by the Stars and Stripes commenced promenading Main Street the martial spirit in many loyal hearts broke forth in cheers. About 10 o'clock a. m., a cannon, owned by the local Demo- cratic organization, was brought forth and ac- companied by several hundred citizens on foot and horseback was taken across the river and a salute of thirty-four shots fired in honor of the Union. Enthusiasm was abundant, and party lines were entirely forgotten. Towards noon another large banner was suspended across Main Street, and flags of every size were floating from nearly every business block and numerous private residences. Two liberty poles were raised in the afternoon on the opposite corners of Main and Main Cross Streets and the American flag run up on each. Afterwards other poles were raised from fifty to eighty feet in height and mounted with the Stars and Stripes.

On the following afternoon, pursuant to a call issued April 17th, an enthusiastic assem- blage of citizens convened at the court house. Edson Goit was made chairman and Philip

Ford and S. J. Mills appointed secretaries. Mr. Goit on taking the chair delivered a patriotic speech, which was frequently interrupted by outbursts of applause. He said the govern- ment should be sustained at all hazards and the man who in this emergency opposed the execu- tion of the laws should be denounced as a trai- tor. On motion of J. M. Palmer, a committee consisting of Messrs. Aaron Blackford, J. M. Palmer, A. P. Byal, W. W. Siddall and Israel Green was appointed to draft resolutions ex- pressing the sentiment of the meeting. During the absence of the committee the enthusiasm was kept at fever heat by patriotic soul-stirring and at the same time appropriate music and speeches. The band played Hail Columbia, and the Star Spangled Banner was called for and sung by Messrs. N. Y. Mifford, Dwella M. Stoughton and William Mungen, the vast au- dience rising and joining in the chorus. Cheers were given after each verse by the assembled multitude till the very building seemed to join in the enthusiastic patriotism of the people and echo back their sentiments.

A brief speech was made by James A. Bope, denouncing treason and seces- sion and calling upon all to rally around the Alag. Amidst frequent applause William Mun- gen declared himself "in favor of our country, right or wrong." The time, he said, was now past for party questions, and as a Democrat of the strictest school, he asserted that in the present alarming condition of the country, po- litical questions should be forgotten. William Gribben, who followed, said that armed trai- tors had conspired together for the destruction of our government, that our national flag had been insulted and trampled upon by the ene- mies of our country, and declared that the honor of the glorious old banner should be up-

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CITIZENS GAS-LIGHT AND COKE

D RIVERS

LANDING. RIVERSIDE PARK. FINDLAY

RIVERSIDE PARK DAM, FINDLAY

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RIVERSIDE DRIVING PARK, FINDLAY

RESIDENTIAL SECTION OF HARDIN STREET, FINDLAY

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held. At this point the committee on resolu- tions presented the following report, which was adopted amid vociferous applause :

"Whereas, A band of armed traitors to the government of the United States have leagued together for the avowed purpose of overthrow- ing the constitution and laws of our beloved country, and to insult and strike down the en- sign of our nation, which has given to the American citizen ample protection at home and abroad, and to our country consideration and dignity wherever its stars and stripes have been seen and known, and

"Whereas, In pursuance of such treasona- ble intent, those traitors have once struck down that glorious flag, and now threaten with a myrmidon host in arms to seize our national capital, to trail our nation's honor in the dust and transform this free government into a cruel monarchy; therefore,

"Resolved, That whatever differences of opinion have divided us in the past, today we are united and are animated by one purpose, and that is an unyielding and undying devo- tion to the Union, and determination to stand by the government and the flag of our country. Living we stand shoulder to shoulder and fight in their defense; dying we bequeath this purpose to our children.

"Resolved, That in the present civil war so wantonly begun by traitors now in arms against our government the only issue presented to every American citizen is: Shall our con- stitutional government stand against the rebel and revolutionary force that now threatens its destruction? Or shall it yield to treason for a despotism to be erected upon its ruins. 'He that is not with us is against us.'

"Resolved, That as our revolutionary fa- thers, with a firm reliance on the protection of Divine Providence eventually pledged to each other their lives, their fortunes and their sa- cred honor for the purchase of these civil and religious liberties by them transmitted to us, and that we have so long enjoyed, we, their descendants, with a firm reliance upon the same Divine and all-protecting Power, mutually

make the same sacred pledge to each other for the preservation and perpetuity of that inesti- mable inheritance by them bequeathed to us."

Upon the adoption of the foregoing reso- lution Judge Palmer addressed the meet- ing in an eloquent speech full of patriotic devotion. James M. Neibling was then called for and began by saying that four- teen years before, when only a boy, he shouldered his musket at the call of his country to assist in chastising Mexican ar- rogance, and he was ready to go again if his country's cause demanded his services. This declaration was received with un- bounded applause. After some further re- marks upon the necessity of union and im- mediate action he presented the roll of en- listment for volunteers, under the call of President Lincoln for 75,000 men, issued three days before. In a very short time seventy-two names were down upon the roll, and the meeting then adjourned with cheers and expressions of loyalty to the flag. The volunteers were formed into line by Colonel Neibling and escorted by the band, marched down Main Street and dis- banded to meet for another rally on Tues- day, April 23, which had been previously announced.

On that day people came from every part of the county, all seeming to be moved by the one prevailing sentiment of loyalty. Nothing was talked of but the defense and preservation of the Union. And in this great cause none were more deeply in- terested than the old gray-headed veterans who had so long enjoyed its blessings. Scores of pioneers publicly declared their readiness to shoulder a musket and march to the defense of their country. All seemed

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to be imbued with that same spirit of pa- triotic devotion and sacrifice which nerved the revolutionary fathers to win that glorious boon of liberty we now enjoy. Party prejudice was set aside and all labored together, hand in hand in that noble work of preserving the national honor.

By this time three companies of volun- teers had been raised in Hancock County, which were afterwards mustered into the Twenty-first regiment, Ohio Volunteer In- fantry, as Companies A, F, and G. In the afternoon companies A and F were each presented by the ladies of Findlay with a handsome flag. The presentation took place in front of the court house in the presence of the large assemblage which had come to- gether on that day to attest their unswerv- ing loyalty. Mrs. James Neibling made the presentaion speech and the flags were re- spectively received by Captains Wilson and Walker on behalf of their companies.

The fair grounds, then located in East Findlay on the Mt. Blanchard road, was selected as a place of rendezvous for the volunteers and was dedicated as Camp "Neibling," in honor of the gallant Colonel James M. Neibling, who afterward com- manded the Twenty-first regiment on many a bloody field. On the 25th of April Mrs. Mary Mungen on behalf of the ladies of Findlay presented a flag to company G. Before the following day a delegation of ladies from McComb put in an appearance at Camp Neibling and presented another flag to the same company, most of which command were from the northwest part of the county. Miss Addie M. Price presented the beautiful banner and Captain Lovell

received it and responded in appropriate terms.

A mass meeting was held at the court house, April 27th, for the purpose of ar- ranging for a more thorough military or- ganization of the county. James M. Neib- ling was elected chairmna and D. B. Beards- ley secretary. Speeches were made by Messrs. James M. Neibling, Aaron Black- ford and Abel F. Parker, advocating the proposed measure; and committees were appointed in each township to carry the project into effect. Meetings were soon after- ward held in nearly every township, military companies organized and the patriotic ardor of the people was unabated. Several com- panies of home guards were also formed, consisting of men over forty-five years of age; but these organizations subsequently disbanded, because the term "Home Guard" soon became one of reproach and was flippantly used to designate the stay- at-homes or a class who were afraid to go into the army.

A vast amount of credit is due the various societies organized át divers times during the rebellion towards providing for the families of those who were willing to give their service and, if need be their lives for the cause of freedom. And especially is this true of the ladies of these societies, who did a great amount of good in gather- ing and forwarding sanitary supplies to hos- pital camps. In fact, the patriotic women of the county did their full share toward crush- ing the mightiest rebellion in the history of the world, not only in helpful actions and deeds which relieved the soldiers in the field, but also by enduring the heart-aches and assuming the responsibility of both

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parents' duties in the care of the children while the fathers were absent at the front -many of them, alas, nevermore to return. When finally the news of the capture of Richmond announced the approaching close of the struggle, it created the most intense and joyous excitement. The citizens turned out en masse; bells were rung and bonfires lighted in every town and village and an undercurrent of deep thankfulness pervaded the entire community. All hailed the good news as a harbinger of peace and happi- ness. With the fall of the rebel capital the war was virtually at an end; and although Lee made desperate efforts to save his army its fate was sealed, and the 8th of April, 1865, he surrendered to Grant at Appomat- tox court house; nine days afterward Johnston surrendered to Sherman.

The news of these glorious successes of the Union arms was received throughout the north with unbounded enthusiasm and heartfelt prayers were offered to the God of battles who in His infinite mercy had vouchsafed such a brilliant ending to the long turmoil of military strife. After four "Soon after the war ended, the Union armies were discharged and the soldiers years of bloody war-after the sacrifice of hundreds of thousands of gallant men and still remaining returned to their homes, and millions of treasure, the great rebellion was at an end, the government preserved, and freedom perpetuated. A grand celebration was held at Findlay, April 14, 1865, to re- joice over the dawn of a glorious peace. The day was bright and cheerful, and na- ture seemed to smile on the exalted happi- ness of the people. The exercises com- menced at six o'clock in the morning with the ringing of bells, and the firing of a salute of thirty-six guns. As the day wore on, crowds of people came pouring into once more joy reigned supreme around hundreds of firesides in Hancock County. To the survivors and their children has been vouchsafed the blessings to witness the grand results of all their sacrifices, in a re- united country pursuing a common destiny, while the names and fame of those who fell, either on the battlefield or in the line of duty, has been commemorated through the pages of history and on the beautiful monu- ments of marble and bronze prominent in city, town and village all over this fair land

Findlay. At ten o'clock services were held in several of the churches and shortly after noon a large audience gathered at the court house where appropriate addresses were delivered by Revs. Rose and Wykes. In the evening there was a fine display of fire- works and every business house, as well as many of the private dwellings were bril- liantly illuminated.

"This joy, however, was short lived and suddenly changed to deep mourning. About ten o'clock the news of President Lincoln's assassination reached Findlay, and fell like a pall on the hearts of her citizens. Everyone was horror-struck at the awful deed, and never was there so much feeling manifested by the true and loyal hearts of Hancock County. In a short time all of. the business houses were closed and draped in mourning and the flags dressed in crepe and raised, at half-mast. In the afternoon a public meeting was held at the court house to express the sentiment of the people on the assassination of the president, and deep gloom filled every honest heart.

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of ours. They all went out with one com- mon aim in view-to lay down their life, if necessary, to aid in the cause of freedom. They went cheerfully, wherever duty called them. They never shirked duty and never flinched under fire. They never retreated unless ordered so to do. They endured all the hardships of marching, fighting, and of prisons and more than five hundred of them laid down their lives without a mur- mur, that the noble cause, for which they fought, might be sustained for the benefit of future generations. They left father, mother, brother, sister, wife, children, all that was near and dear to them in this life, well knowing that for the last time they might look at their families' loving faces, and into their aching hearts; and for four long and weary years, both those at home and those engaged in the fight for freedom endured the hardships of one of the most bloody and cruel wars on record."

SPANISH-AMERICAN WAR.

Hancock County was represented in the Spanish-American War by some 162 soldiers, of whom 109 were members of Company A, 2d Ohio Volunteer Infantry, the rest being dis- tributed mainly among other companies of the same regiment, with a few in various compa- nies of other regiments.

COMPANY A, SECOND OHIO VOLUNTEER INFANTRY.

Company A was organized at Findlay as an independent military company in 1872, by Cap- tain James Wilson, a veteran of the Mexican and Civil Wars; mustered into the National

Guard, December 10, 1874; assigned to the Eleventh Regiment as Company B, July 6, 1876; local designation, The Findlay Guards; letter changed to "A" upon the mustering out of the Columbus Grove Cadets in 1879; desig- nation changed to Company A, Second Infan- try in 1883; mustered out April 14, 1899; re- organized August 17, 1899, and designated as Company A, unattached Infantry; assigned to the reorganized Second Regiment as Company A, November 13, 1899. Active service: Cin- cinnati riots, 1884; Wheeling Creek, 1894. War with Spain: Organized for the Volunteer service at Findlay, April 25, 1898; mustered in at Columbus as Company A, Second Ohio Volunteer Infantry, May 10, 1898; mustered out at Macon, Ga., February 10, 1899. Offi- cers (commissioned) : Tillman L. Lafferty, Captain; Ralph E. Barnd, First Lieutenant; Frank M. Biggs, Second Lieutenant.

Company K, Second O. V. I., had nine Han- cock County "boys;" Company H, same regi- ment, six; Company B, two, and Company C, one. Company D. Sixth O. V. I., had fifteen members from this county, including the cap- tain, Frank P. Culp. The following compa- nies also contained one or more members each from Hancock County; Company F, Eighth O. V. I .; Company - Ninth O. V. I .; Company B, Twenty-first O. V. I .; Company -, Twen- ty-eighth I. V. L. A .; Troop C, First O. Cav- alry ; Company D, First Artillery; Company D, Second U. S .; Company E, Sixth U. S. Ar- tillery ; Company A, Eleventh U. S .; Company A, Seventeenth U. S .; Company B, Twenty- eighth U. S .; Twenty-eighth Bat. Art. Ind .; Company M, Thirty-fifth U. S .; Company H, 157th Ind.

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CHAPTER IX.

THE BENCH AND BAR.

Early History-Famous Judges and Lawyers-Hancock County Bar Association-First Jail and Court-House.

It would not be commensurate with a his- torical sketch of the Bench and Bar of Han- cock County to name all the judges who have presided on its bench, or to describe the numer- ous lawyers who have practiced before its courts; yet it is thought best to refer to the organization of its several courts and to name some of the early judges who held them and the members of the bar who practiced before them, as well as the judges and lawyers who located here.

The first judicial system to be organized in that part of the United States which is now known as the State of Ohio, was that put in operation by the "Ordinance of 1787," by which the vast "territory northwest of the River Ohio" was set apart as a separate gov- ernment, and a local judicial system given to · it under said ordinance. The court was to con- sist of three judges, any two of whom could form and constitute a court. This court was to have common law jurisdiction and the judges must reside in the district and have therein a free hold estate of not less than five hundred acres of land during the time they held their office, and their commission was to continue in force during good behavior. These

judges, with the governor of said territory were to select from the civil and criminal laws of the original states such laws as they thought suitable for the territory and they were author- ized to promulgate and enforce the law, until amended or repealed by a general assembly which was to be later organized according to the terms of said Ordinance under which they were appointed.

In accordance with such provision of the Ordinance, Congress on the sixteenth day of October, 1787, elected as judges for the North- west Territory, Samuel Wolden Parsons, John Armstrong and James Mitchell Varnam. Mr. Armstrong declined the appointment and on the nineteenth day of February, 1788, John Cleves Symmes was chosen in his place. The salary of the judges was fixed at eight hun- dred dollars per year. This organization of the court continued, with various changes which were made in the appointment of the judges, until the organization of the State of Ohio, in the year 1802.

Under the first constitution of Ohio, the number of supreme judges was three, with power vested in the General Assembly to au- thorize the selection of one additional judge.

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Their term of office was fixed at seven years and their salaries were not to exceed one thou- sand dollars per annum, each. These judges, under the constitution, were to be chosen by the General Assembly, and on the second day of April, 1803, they elected Samuel Hunting- ton, Return Jonathan Meigs, Jr., and William Spriggs, who composed the first Supreme Court of Ohio. Under this new constitution the first court was organized which concerned Hancock County directly. This was known as the Court of Common Pleas. The constitu- tion of 1802 provided that the several Courts of Common Pleas should consist of a presi- dent judge and associate judges; that the State should be divided by law into three circuits and that there should be appointed a president of the Courts, who during his continuance in office should reside therein; that there should be appointed in each county not more than three nor less than two associate judges, who during their continuance in office should reside in the county, and the president in the circuit and the associate judges in the county should constitute the Court of Common Pleas, which court was to have common law and chancery jurisdiction. The several judges under this provision of the constitution were elected by the General Assembly.

The composition of this court was very often criticised and sometimes spoken of as "a court of one hundred judges,"-that is, one judge and two ciphers. In jury cases, un- doubtedly the associate judges, who were not men skilled in the law, were practically ciphers, but in the trial of causes to the court they brought to the aid of the presiding judge good common sense and business knowledge, which was often an invaluable assistance and aided

in making the finding of the court much more satisfactory than the verdict of a jury.

The president judge of the Common Pleas Court travelled from county to county in his circuit holding court. It was the custom of leading lawyers in those days to travel over the circuits of the several counties with the judges. Before the days of railroads, their ordinary mode of travel was on horseback, and usually each one owned his own horse. The court, bar, and friends journeyed together and gen- erally put up at the same tavern. These lead- ing and traveling lawyers had many partners, usually one in each county seat, who looked after the local business during the interim and was assisted in the trial of cases by the other, who by his constant attendance in court, be- came especially proficient in the trial of cases.

On horseback, therefore, with books, briefs and clothing stored in saddle-bags, which were thrown over the backs of the horses, the law- yers in merry parties traveled from court to court over corduroy or mud roads. The legs of the riders were encased from the ankles to far above the knee in leggings of stout cloth, the material of which was soon unrecogniza- ble, being encrusted with an inch or more of mud. The way was cheered by story and jest and the woods resounded with laughter and song. One favorite amusement of these law- yers was to bet on the politics of any rider they might see ahead of them in the woods. They would then overtake him and engage in conversation with him, thus deciding the wager. As the party neared a town, one of them was sent ahead to engage rooms and to order a good meal prepared. The coming of a court to town was an event in those days. In the evening judges and lawyers gathered

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around the huge fireplace of the tavern and told stories until a late hour.

When Hancock became a separate and dis- tinct county, three of her citizens were hon- ored with the appointment of Associate Judges, namely: Abraham Huff, Robert McKinnis and Ebenezer Wilson. We find the record of their first meeting, or the first court held in the county : "At a special court begun and held in the town of Findlay on the 14th of March, in the year of our Lord, one thousand, eight hundred and twenty-eight, present, Honora- bles Abraham Huff, Robert McKinnis and Ebenezer Wilson, Judges of and for the county of Hancock, and State of Ohio, and proceeded to appoint a clerk, pro tem., and after consid- eration, appointed Wilson Vance, and gave him the following certificate of his appoint- ment in the following words, to-wit: 'Know all men by these presents, that we, Abraham Huff, Robert McKinnis and Ebenezer Wilson, Associate Judges, in and for the county of Hancock, have this day met at the schoolhouse in the town of Findlay, in said county, and after consultation and deliberation, have pro- ceeded to appoint by living voice, Wilson Vance, Esq., of said county, clerk protem., at Findlay, this 14th day of March, 1828.'

ABRAHAM HUFF, ROBERT McKINNIS, EBENEZER WILSON, Associate Judges.

"The vote stood, ayes two, nays one. Mr. Vance was sworn into office by Judge McKin- nis."

The office of clerk, was held by Mr. Vance as clerk pro tem., under the provisions of Sec. 7, Art. 3, of the Constitution of 1802, which recited: "That each Court shall appoint its own Clerk, for the term of seven years, but

no person shall be appointed Clerk except pro- tempore, who shall not produce to the Court appointing him a certificate from a majority of the Judges of the Supreme Court, that they judge him to be well qualified to execute the duties of the office of Clerk to any Court of the same dignity, with that for which he offers himself."

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Twentieth Century History of Findlay and Hancock County, Ohio, and Representative Citizens, Part 11

Author: Jacob Anthony Kimmell Publication date: 1910 Publisher: Number of Pages: 1189

Author: Jacob Anthony Kimmell
Publication date: 1910
Publisher:
Number of Pages: 1189