KNOX COUNTY OHIO - Norton's History of Knox County [Chapter VI] ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by Dave Ketterer Ketterer@empireone.net September 1, 2002 ************************************************ A History of Knox County, Ohio, From 1779 to 1862 Inclusive: Comprising Biographical Sketches, Anecdotes and incidents of men connected with the county from its first settlement: Together with complete lists of the senators, representatives, sherriffs, auditors, commissioners, treasurers, judges, justices of the peace, and other officers of the county, also of those who have served in a military capacity from its first organization to the present time, and also a sketch of Kenyon College, and other institutions of learning and religion within the county. By A. Banning Norton. Columbus: Richard Nevins, Printer. 1862 Entered according to the act of Congress in the year 1862 by A. Banning Norton, In the Clerk’s office of the Southern District of Ohio. ____________________________________________ CHAPTER VI. TRANSACTIONS OF THE YEAR 1809. THE COMMISSIONERS IN TROUBLE ABOUT TAXES,---THE HEAVY BRAIN ON THE TREASURY FOR WOLF SCALPS.--THE CLERKS BRAIN BECOMES CONFUSED BY REPEATED DEMANDS.- -THE WOLVES INVADE THE TOWN.---DOINGS OF THE COURT AND COMMISSIONERS.--THE COUNTY JAIL COMPLETED---THE FIRST SETTLEMENT WITH THE TREASURER, AND SKETCH OF THAT OFFICER. IN the beginning of this year the people of the COUNTY were in sore distress at prospects of heavy taxation, the money in the treasury having been exhausted in paying the commissioners who had located the county seat, the heavy demands for killing wolves, and such like expenses. On Monday, the 23d of January, 1809, the commissioners met at Mount Vernon, and were in a "peck of trouble," if we may judge from the following entry: " The board, taking into consideration the situation of the taxes on resident and non-resident lands, the board, on an investigation of the business, do order Every paper Bud document thereunto belonging to be forwarded to the Auditor of State. " Ordered, that the board do adjourn until next Monday." Among the orders issued this year, we find the following for killing wolves: To George Cooper $1.50 for killing one grown wolf, proven before John Green. " To John Cook $4.50 for killing three grown wolves, proven before W m. W. Farquhar " To James Black $3 for killing two grown wolves, proven before Wm. Y. Farquhar. " To John Jenninings $1.50 for killing one grown wolf, proven before John Green. " To Ephraim McMillen $3 for killing two grown wolves, proven before Abraham Darling. " To Levi Herrod for killing two grown wolves, proven before John Green " To Francis Hardista $3 for killing two grown wolves, proven before Matthew Merritt. " To John Lash $1.50 for killing one grown wolf, proven before Jolmn Green. " To George Sap $3 for killing two grown wolves, proven before Abraham Darling. " To Joseph Harriss $1.50 for killing one grown wolf, proven before John Green. " To Francis Hardista $3 for killing two grown wolves, proven before M. Merritt. "To George Sap $1.50 for killing one grown wolf, proven before Abraham Darling. " To Joseph Bryant $1.50 for killing one grown wolf. " To Ephraim McMillen $4.50 for killing three grown wolves." So much in the habit of issuing wolf orders had James Smith, clerk, gotten by this time, that we find on the journals an order issued for commissioner's services reading thus : " Ordered. that the treasurer pay to Henry Marklcy the sum of $3.50 for killing two wolves as services as commissioner of this county." The day's services being confounded in the clerk's mind with wolf scalps. Notwithstanding the abundance of game of this kind, and the facility with which the old sportsmen could take the scalps, the howling varmints seemed to be on the increase, and, like grey hairs, for every one plucked two took their place, and hence our commissioners grew more determined to extirpate them, and made the following order on the 7th of June, 1809 : " Ordered. that all persons who shall kill and procure the scalps of grown wolves and panthers within our Balawick, and produce a certificate thereof, accordirng to law, after this date, shall be allowed $2. and all those who shall kill and procure the same of wolves and panthers and scalps of six months and under shall be allowed $1." The first demands made upon the treasury under this act were by John Mitchell and Francis Hardista, each of whom had killed a grown wolf. For a time these inhuman devils disputed the mastery with the white man, and it seemed somewhat doubtful which would come off victor in the contest and retain possession of the lands upon Owl Creek. They neither had fear of the church eccllesiastic or the military power; they frightened the women and children, and hung about the heels of men, setting all laws and threats at defiance. One old settler has told us of his having on a Sabbath day killed a large wolf near God's barn at Clinton which was making off with one of Sam. Smith's geese, while the people were serving the Lord ; another of his friends having been present with the whole military of the county parading on general muster day, when a fierce black wolf attacked one of George Zin's pigs within a stone's throw north-east of the public square, when the army gave pursuit, and it was finally killed by Captain Joe Walker ; whereupon a grand spree was taken by the whole military and citizens of the town, glorifying over the great engagement till whisky was drank to more than the value of the wolf scalp. Grand events those in the hardy pioneer's life! And yet, at this day not a spot bears the name of Wolf, nor does a creek or branch commemorate such achievements. And posterity, were it not for these pages, we fear, would be in blissful ignorance of the fact that there were any other inhabitants of these classic lands than owls and Indians when the men of the hunting shirt and rifle first navigated this famous river in scallops and pirogues. THE THIRD TERM OF DISTRICT COURT, AND WHAT WAS DONE THEN. " Court of Common Pleas was opened at Mount Vernon the 2d day of Jarnuary, 1809. Present : Jentlemen the Honorable William Wilson, President, John Mills and Wm. Gass, Associate Judges. A Grand Jury was called and qualified for the body of this county, to wit : Jas. Walker, Sen'r, foreman, Eleazer Biggs, John Baxter, John Beam, Joseph Walker, Levi Herrod, Nathaniel Scritchfield, Wm. Herrod, David Johnson, Jas. Strange, Jas. Walker. Jr.. Wm. Cooper and Jonathan Craig, who , after receiving their charge, Returned out of Court. "On the 2d day of the Term the Grand Jury returned, but found no Indictments. " Ordered, that the Court adjourn until 2 o'clock this evening. "The Court opened accordinrg to adjournment. Present : as before. John Armstrong vs. John Kerr--On Trespass. Continued by consent of parrties. "Jacob Young vs. Abraham Lyon--On an action of Trespass on the case. Continued by consent of parties. " The State of Ohio vs. Aaron Brown.--On an Indictment. The defendant plead guilty, and is fined $1.00 and the costs of prosecution, and stands convicted until the whole be complied with. "License is granted to William Perrine to retail goods for three months, on payment of $2.50. "John Green is admitted Administrator of Isaac MeClary. Bond, $1000. Abner Brown and John Herrod securities. "License is granted to Benjamin Tupper to sell goods three months, on payment of $2.50. " The State of Ohio vs. John Click.--Nolle is entered by Herrick, att'y. " Thomas Parr vs. John Craig.--William Walker undertook for the defendant in case he should be cast he would satisfy the condemnation of the Court, or render Iris body a prisoner in lieu thereof. "Court adjourned till to-morrow morning, 9 o'clock. "The Court opened according to adjournment, and present, as yesterday. " Thomas B. Patterson, for the use of Moses Rigly, vs. Sam uel Kratzer.-- Parties agreed to reference to the Court, who adjudged $2.55 debt and costs for tire plaintiff. "Court adjourned till 2 o'clock. "2 o'clock P. M. "William Wallace is authorized to keep a public house of entertainment for one year, on payment of $5.00 "William Fuller is licensed to keep a public house of entertainment on the road leading from Mount Vernon to Newark. on payment of $4.00. " Ordered, that the Court adjourn until the Court in course. "WILLIAM WILSON." THE COUNTY JAIL BUILT, AND ITS FIRST OCCUPANT---ACCOUNT OF ITS SUBSEQUENT CAREER, AND THAT OF ITS SUCCESSOR. On the 6th of June, 1808, the commissioners of' this county, finding the great want of a jail in said town, and by virtue of the powers vested in Them by law, " Ordered, a jail to be built, 24 feet long, 16 feet wide, 9 feet high, with square timber of one foot square, including the upper and lower floor, and a petition of like timber, with a good shingle roof, and stone or brick chimney, three windows, with iron grates, of 6 lights each, and 2 sufficient doors, one on the outside and one in the petition in the inside, and the walls, petition, and lower floor lined with 3 inch plank, spiked on with spikes 7 inches. The front door marked A and petition door B to be of 11/2 inch stuff; C chimney. The jail to be built on the public square of said town, on a corner." On the 31st of January The following entry is made upon The journal : "This day the board has proceeded to the Ex'n of the jail. and finding the same unfinished they do allow tine undertaker's thereof until the first day of May next to finish the same, agreeable to tire article of agreement in that case made and provided." On the 2d of May, 1809, " Ordered, that the commissioners do receive tIre jail from tine bands of John Mills, Alexander Walker, and James Walker, Sr., provided that the said Mills and others do saw down the corners of said jail, and then our Clerk shall have authrority to issue orders on the treasury for the sum of 433 dollars and 50 cents, as shall appear by a reference to the agreement, and that the Clerk issue orders of such sizes as the Claimants may desire, with their proper numbers to tine above amount." The jail being Then declared completed, The com- missioners ordered 50 cents to be expended by Joseph Walker for two steeples and hasp for The jail. The calaboose having been duly prepared, The officers of the law became exceedingly self-import-ant, consequential and overbearing. Michael Click, an old Dutchman, who was fond of grog, was taken up, "tight as a musket," and locked up in the quarters. The constable had gone down street and was boasting of his exploit in taking up Mike, when the voice of the old fellow was heard just behind them, shouting at the top of his lungs: "By tam, they can't keep me in their tammed shall—I am trumps, by G—d." He had crawled up the chimney till he got near the top and stuck fast, when, as he said, he "swelled and bursted" it open, and then jumped to the ground, a free man once again. The chimney was repaired at the expense of the county, and Click, several weeks after, when con— fined "broke out," and, meeting Judge Wilson on the street, narrated his several jail exploits in great glee, vowing that they never could keep old Mike in that jail any longer than it suited him to for he had lent a hand when it was built and knew all its weak points. For several years, however, this little log concern served as a nominal terror to evil doers. At length so many escapes were made from it, that its fate was sealed, and it was sold to Wm. Y. Farquhar, who moved it to the outskirts of town and constructed out of it a sort of a tobacco house. The commissioners, on the 4th of December, 1823, determined to erect another jail and jailor's house, on the square, of brick, which remained an eye-sore to the people of the town until about 1850, when John Armstrong, Street Commissioner, and A. Banning Norton, Councilman of the Third Ward, in grading and excavating the north-east part of the public square, with "malice aforethought" undermined it, and caused the removal of that pile of rubbish. FOURTH TERM COURT OF COMMON PLEAS----1st DAY OF MAY, 1809. "Grand Jury--David Demmick, foreman, Moses Craig, Wm. Downs, Jas. Craig, David Johnson, Jeremiah Brown, Charles Cooper, Ziba Leonard, Nathaniel M. Young, John Kerr, John Cook, James Loveridge, James Walker, Jr., who returned out of Court, and after some time returned in Court, with the following indictments, to wit : " The State of Ohio vs. Wm. Wallace--For salt and battery, a true bill, and pleads guilty, the Court do say, that the defendant do pay a fine of $1 and costs of this prosecution. " The State of Ohio vs. Wm. Cooper.--For same offense, the same fine is assessed. " The State of Ohio vs. Wm. Cooper--Same, and same fine. " The State of Ohio vs. Wm. Scritchfield---For same offense. " The State of Ohio vs. Peter Baxter.--For same offense. " Luke Walpole vs. Wm. Wallace--James Craig becomes security. " Thomas Parr vs. James Craig--Judgment by confession for $91.81 and costs of suit. " Wm. A. Enui vs. Samnuel Kratzer.--Jndgment by confession, $66.92 and costs. " John Beesy vs. Samuel Kratzer.--Michael Click becomes security. " Wm. Douglass vs. John Young. --Nathaniel M. Young becomes security. " One o'clock P. M. " John Armstrong vs. John Kerr---Tried by Jury, and defendant not found guilty of Trespass. The plaintiff, by E. Herrick, his attorney, gives notice of an appeal. " Wm. Biggs, who sues as well for himself as for the State of Ohio, vs. William Darling--Ordered, that the plaintiff appear in Court to-morrow morning and en ter security for costs, or he become non plus. " License issued to Benj. Topper to retail goods 4 mouths for $3.33. " James Smith is appointed clerk for seven years. " Court adjourns till to-morrow morning at 9 o'clock. " May 2--9 o'clock A. M. " The Biggs case is disposed of by the following entry : Ordered, that the plaintiff be non-suit for not entering security for costs. " Edward Herrick is allowed $25 for each term as prosecuting attorney. " Ordered, that the clerk have authority to issue license to John Baxter and Michael Click each to keep a public house of entertainment until next term, on their paying the proper sum. " Adjourned till the next Court in course." IMPORTANT ACTS OF COMMISSIONERS IN REGARD TO RATES OF TAXATION AND OTHER MATTERS--PECULIARITY OF THE OLD CLERK IN SPELLING--HIGH AUTHORITY QUOTED. On the 5th of March " a petition was forwarded to tIre board of Commissioners of this county, praying for a Road Leading from the town of Mansfield on a South East direction, to intersect with the State road near the fifty-four mile tree, to run on a straight direction as the ground will admit, to intersect the State road, arid the board do declare that the same is inexpedient." " The tax on William Douglass' mill is ordered to be taken off, as it is a public benefit. " James Morgan is ordered to be taxed four-fold for refusing to give in five horses to the lister of Union Township." On the 7th of June the Commissioners " Ordered, that tire rates of licens* of Taverns hereafter obtained for one year in this county shall be as follows : In the town of Mount Vernon, on the Public Square, and on Market Street, shall be rated at six dollars ; all Taverns in the Town of Frederick and in the Town of Clinton, and on the road leading from the Town of Mount Vernon to Newark, within the county of Knox, at Five dollars ; all Taverns in any " The first clerk was a very good pensman, a gentleman and scholar ; but like General Jackson, he had his peculiarities of spelling and pronuncia-tion, as. for instance, license without the E final, and gentlemen with a J. leading through any part of the county, or Richland county, at four dollars." The rates of Taxation on the county levy were established as follows : " On each stud horse and jack at the rate of what he stands at tire season." " On each other horse, mare, mule and ass, 30 cents. " On each head of neat cattle, 10 cents; on houses, and other property made subject to taxation by law, one-half per cent. on its appraised value." At this time horses were valued for Taxation at $30 per head, and cattle at $10. The trouble about the tax duplicate and matters connected therewith was satisfactorily adjusted, as appears by the foflowing entry on the 27th of June : " This day we have prepared our duplicate for Collection, and prepared our Returns for the Auditor of the State of Ohio." Great was the relief of the board at having arranged matters, which had troubled them from January till June 27th! James Smith is appointed collector of the Taxes for the year 1809, and gave bond. In September, 1809, we find : " On return of a Road laid out from Mount Vernon to a point on Mohicking the viewers return the same unprofitable, and the same is Rejected." KNOX COMMON PLEAS--FIFTH TERM--SEPTEMBER 4, 1809. " Grand Jury.--Jabez Beers, Joe Walker, George Downs, Gilman Bryant, John Baxter, George Lybarger, Henry Roberts, Thomas Townsend, Jonathan Hunt, Sen'r, John Green, James Craig, Samuel Wilson, Benj.Thompson, and Wm. Johnson,returned into Court and brought in the following Indictments: " The State of Ohio vs. Henry Smith--For retailing liquors contrary to the statute of this State ; a true bill ; who appears and pleads guilty. The attorney for the State of Ohio will no further prosecute this Indictment. "Ed. Herrick, Pro. Att'y. " Same vs. Benjamin Butler--For retailing S. liquors contrary to the statute of this State ; who comes forward and puts in his plea--Guilty. Tine Court, in consideration of his offense, do assess his fine to $3. " Same vs. Samuel Martin---For same. Henry Roberts, John Harod and James Bryant enter into recognizance of $50 each to give evidence in this case. " Same :vs. Wm. McDougal.--For retailing goods without license. Pleads guilty, &c. " Luke Walpole vs. Wm. Wallace--Trespass on tIre case. Judgment by confession, $91.88, and Interest from 11th Jan'y, and costs. " The State of Ohio vs. Peter Baxter.--For assault and battery. " Jury.--James Walker, Jr., Peter Kyle, Sr., James Bryant, Abraham Sperry, Alexander Walker, John iowa, Daniel Demmick, Isaac Bonnett, Charles Cooper, James Walker, Sr., John Click, David Pettigrew, who do say tIre defendant is guilty. " The State of Ohio vs. Wm. Scritchfield.--Assault and battery. Defendant pleads guilty, and is fined fifty cents and costs. " John Barry vs. Samuel Kratzer.--On the case. Judgment confessed by defendant for $200, with interest from 26th April, 1806. " The State of Ohio vs. Peter Baxter--John Merritt becomes his security in $50 for his appearance next Court. " The State of Ohio vs. John Morryson --For assault and bat-tery. Jury's verdict--Not guilty. " John J. Bruce vs. Thomas B. Patterson, Joseph Walk-er, Gil-man Bryant--This cause is to be continued until 1st of October for answer to bill of plaintiff. " Wm. Douglass vs. John Young.--On the case. The parties appeared and settled. " Christian Shoolts vs. James Walker, Jr.--On the case. Settled. " John B yard vs. Wm. Walker--On the case. Settled. " Sylvanius Lawrence, for the use of Benjamin Rush, vs. George Davison.--Nathaniel Spurgeon and Wm. Scritchfield appeared and undertook for the defendant's appearance, &c. " License is granted to Henry Smith to keep public house for one year. " The State of Ohio vs. Peter Baxter--On Indictment. Defendant pleads guilty, and is fined 50 cents and cost. " Robert Dalryrmple vs. Joseph Talmage--On the case. Continued till next term. " 5th September. " Michael Click, John Baxter, Samuel Lewis and Abner Ayres obtain licenses for houses of public entertainment. " Wm. McDonald and Benjamin Tupper are each licensed to sell goods. " Samuel H. Smith is also licensed to retail goods one year, on payment of $10.00. " Letters of administration on Michael Shinabery's estate are issued to Catharine Shinabery. Gilman Bryant and George Downes, securities; John Mills, Matthew Mant and James Smith, appraisers. " Court adjourned till tire next Court in course." THE FIRST SETTLEMENT OF THE COUNTY TREASURER. The first fiscal year of Knox county made the following showing on settlement of the Treasurer with the Commissioners, and " from a full investigation of all the accounts and monies paid into his hands as Treasurer, that the said Treasurer has paid and accounted with us for above, The same twentythree dollars seventy cents and four mills, which is as follows: Dr. Treasurer to am't of monies Due to the county. ... $906.60.4 Cr. By monies paid and accounted for from June last until this day, June 6th, 1809 930.30.8 To order in your favour on settlement 23.70.4 Balance 906.60.4 930.30.8 " Ordered, that Henry Hains be allowed the sum of $23.70.4, which is a balance due him on settlement as Treasurer of Knox county, and the Treasurer is ordered to pay the same." TIlE TREASURER OF KNOX COUNTY FOR SEVEN YEARS--HIS MELANCHOLY EXIT. Henry Haines, first Treasurer of Knox county, was one of the best men in The county at its organization. He was a native of _____, and settled on the tract of land, since owned by Beams and others, next to the Merritts. He had been a man of education and property, and was in easy circumstances. He was a very in-. genious, handy man, had a turning lathe, made chairs, farmed, etc. He became deranged on the subject of religion, was an active and leading member of the Disciple or Christian denomination, at that time called "New Lights." He officiated with James Smith in the first conference held in the county, of which David Young, of Zanesville, was Presiding Elder. Haines became a loud exhorter, and, becoming deranged, got a tin horn and rode around the town and county, day and night, notifying the people to prepare for judgment, as the world was coming to an end. He proclaimed the same doctrine in his derangement that Millerites subsequently did. When he became ungovernable he was Taken to Dr. R. D. Moore, who confined him in a mad shirt, or straight jacket, and treated him for several weeks until he was restored to reason ; but he said if he ever became insane again lie would kill Dr. Moore. Shortly after this the doctor removed To Fayette county, Pa., and Haines again became deranged, and was missing for some time. Search was made for him, but The first information that his family received of his whereabouts was in a letter from Dr. Moore. He had made his way into Connellsville for the purpose of killing the doctor, and had stolen the family silver spoons to pay his way in. Upon arriving there hie had become rational again, and he told what his purpose had been, and stayed several weeks with the doctor, and was treated very kindly h)v him Not long after this lie took a rope and hung himself to a Tree on his own farm.