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100 - HISTORY OF CLERMONT COUNTY, OHIO. tigers, Charles Robinson, Jr., Philip Chatterton, P. T. Cox, M. S. Dimmitt, D. H. Nichols, William Hawkins, William Iden, J. R. Foster, P. S. Jones. 1864.—President, Newton Corbly; Vice-President, William Winans ; Secrelary, A. McNair, Jr.; Treasurer, N. A. Hitch ; Managers, Charles Robinson, Jr., 1saac Ferree, J. F. M. Ely, P. T. Cox, D. H. Nichols, M. S. Dimmitt, John Shaw, Noah Tompkins, Collins Doughty. 1865.--President, J. R. Corbly ; Vice-President, William Iden ; Secretary, A. McNair, Jr.; Treasurer, N. A. Hitch ; Managers, David Atchley, O. H. Hardin, J. F. M. Ely, P. T. Cox, W. W. Ricker, M. S. Dimmitt, William Hawkins, Noah Tompkins, Collins Doughty. 1866.—President, Moses S. Dimmitt; Vice-President, Newton Corbly ; Secretary, F. M. Robinson; Treasurer, John M. Goodwin; Managers, Charles Robinson, Jr., O. W. Vanosdol, Eli R. Leeds, W. W. Fronk, W. W. Manning, Charles Robb, Robert Jeremiah, Eben Behymer, A. J. Morin. 1867.--President, Ezekiel Slade; Vice-President, Newton Corbly; Secretary, Y. M. Robinson; Treasurer, John M. Goodwin ; Managers, John Wageman, Joseph Jenkins, B. F. Hitch, W. W. Fronk, A. J. Sargent, Jacob Jackson, H. G. Donaldson, H. M. Hancock, Robert Jeremiah. 1868.—President, J. R. Foster ; Vice-President, Benjamin Archer; Secretary, F. M. Robinson ; Treasurer, J. M. Goodwin ; Managers, John Wageman, O. H. Hardin, Samuel Ulrey, E. J. Prather, J. H. Gates, W. W. Gardner, A. B. Cleveland, John Hall, II. G. Donaldson. 1869.—President, Ezekiel Slade; Vice-President, O. W. Vanosdol; Secretary, F. M. Robinson ; Treasurer; Aaron Corbly ; Managers, B. F. Hitch, E. J. Prather, J. H. Gates, David White, O. H. Hardin, W. W. Gardner, Newton Corbly, John Hall, H. G. Donaldson. 1870.—President, O. W. Vanosdol ; Vice-President, John Ferguson ; Secretary, D. H. Nichols ; Treasurer, W. W. Ricker ; Managers, Thomas Husong, Comelius McCollum, George G. Crane, Thomas Fletcher, A. D. Butler, W. W. Gardner, Wash. Park, Joseph Marriott, John D. Penn. 1871.—President, W. W. Gardner ; Vice-President, His-am McKown ; Secretary, M. A. Leeds; Treasurer, W. W. Ricker; Managers, J. M. Simpkins, C. McCollum, Joseph Clare, Joseph Marriott, P. T. Cox, Ira Ferguson, William A. Shaw, A. D. Butler, Frank Davis. 1872.—President, W. W. Gardner; Vice-President, Hiram McKown ; Secretary, M. A. Leeds; Treasurer, Joseph Clare; Managers, Josiah Wilson, 0. W. Vanosdol, J. M. Goodwin, E. J. Prather, F. M. Trees, D. H. Nichols, J. B. Burridge, Newton Corbly, John Hall. (This year the name was changed from "The Clermont Agricultural Society near Bantam" to The Clermont Agricultural, Horticultural, mat Mechanics Arts Association, and the fair entirely reorganized in its management with a new constitution, by-laws, and rules.) 1873.—President, W. W. Gardner ; Vice-President, B. F. Hitch ; Secretary, D. H. Nichols; Treasurer, Winthrop Frazer; Managers, Wm. Johnson, John E. Tribble, John Tatman, M. S. Dimmitt, Noah Tompkins, J. F. M. Ely, H. O. D. Banks, Jonathan Donham, John Hall. 1874.—President, H. O D. Banks ; Vice-President, Joseph Clare; Secretary, D. H. Nichols; Treasurer, Winthrop Frazer ; Managers, W. A. Johnson, N. A. Hitch, B. F. Hitch, M. S. Dimmitt, F. M. Trees, L. L. Fridman, H. G. Donaldson, Jonathan Donham, Peter S. Jones. 1875.—President, W. W. Gardner ; V ice-President, 0. W. Vanosdol; Secretary, D. H. Nichols; Treasurer, John L. Barkley ; Managers, Isaac Vanosdol, John Tatman, M. S. Dimmitt, Robert Buchanan, L. L. Fridman, William Donaldson, A.D. Butler, Albert W. Haling. 1876.—President, Elbridge G. Ricker ; Vice-President, Wm. Donaldson ; Secretary, F. M. Robinson; Treasurer, John L. Barkley ; Managers, B. F. Moyer, John Tribble, John Tatman, Joseph Marriott, Robert Buchanan, W. W. Gardner, Wm. Hawkins, Newton Corbly, Peter S. Jones. 1877.—President, Wm. Donaldson ; Vice-President, John Tatman ; Secretary, F. M, Robinson ; Treasurer, J. L. Barkley ; Managers, B. F. Moyer, John Tribble, Dr. W. E. Thompson, M. S. Dimmitt, Noah Tompkins, Wm. Hawkins, Hiram D. Tone, W. W. Gardner, Newton Corbly. 1878.—President, Wm. Donaldson ; Vice-President, John Tatman ; Secretary, B. F. Moyer ; Treasurer, John L. Barkley ; Managers, William Johnson, John Tribble, Dr. William E. Thompson, Moses S. Dimmitt, Noah Tompkins, J. R. H. Simmons, William Hawkins, Albert D. Butler, J. R. Hicks. (The exhibition this season was unusually interesting from the grand display of fruits and flowers and stock, of which latler many blooded horses and imported stock of cattle were from a dislance and some from Kentucky. The increasing shade and foliage of the growing trees added much to the comfort of those in attendance.) 1879.— President, Wm. Donaldson, of New Richmond ; Vice-President, Joseph Clare ; Secrelary, W. E. Nichols; Treasurer, John L. Barkley ; Direclors, B. F. Moyer, Dr. W. E. Thompson, E. J. Prather, J. S. Archer, J. E. Tribble, Noah Tompkins, J. R. H. Simmons, Wm, Hawkins, A. D. Butler ; Executive Commitlee for the Fair, Wm. Donaldson, W. E. Nichols, E. J. Prather, Joseph Clare, Dr. W. E. Thompson ; Marshal, E. J. Prather ; Chief of Police, Antony Sylvester ; Superintendent of Horses, Wm. Hawkins, Dr. W. E. Thompson ; of Mechanics' Hall, A. D. Butler ; of Caltle, Sheep, and Swine, J. E. Tribble; of Vegetable Hall, Noah Tompkins; of Floral Hall, A. W. Holing, Joseph glare, J. S. Archer. The exhibition of 1879 was held at its spacious grounds near Bantam on September 23d, 24th, 25th, 26th, and 27th, and was in every respect a success, auguring well for the future of the society. The management has enacted rules for the government of the fairs, forbidding all gambling or the taking of intoxicating or spirituous liquors on to the grounds, and the best of order is ever maintained. All products of the soil must be exhibited by the producer or some member of his family, and grains, vegetables, preserves, and jellies have to be products of the year of exhibition, This fair is now on a good basis, is in the hands of a prudent management, and is largely attended and patronized by the people of Southern and Central Clermont. Its annual displays of tobaccos—fine white and burley leafs—are unsurpassed in the country, and are produced mostly in Franklin and Washington townships, the two best in Ohio for growing this weed, now in such complete use in the whole world. Pantry-products of the good housewives come in for much attention, and the animated competition in stock shows the growing interest in domestic animals. For the year 1880 the officers are : President, William W. Gardner, of Laurel ; Vice-President, B. F. Moyer ; Secretary, Wm. Donaldson, of New Richmond ; Treasurer, J. R. Hicks ; Managers, Ezekiel Slade, O. W. Vanosdol, Levi R. White, E. J. Prather, Noah Tompkins, D. H. Nichols, Wm. Hawkins, Raymond Gee, and A. D. Butler. THE LOVELAND HORTICULTURAL AND AGRICULTURAL SOCIETY. This society was the best and most favorably known of any local organization in Ohio. Its place of meeting was at the greatest shipping-point for peaches in the State, which attracted attention to this locality and gave the society prominence. It was organized Feb. 14, 1864, with the following officers: President, Dr. J. P. Emery ; Vice- President, S. B. Smith ; Secretary, S. R. Buckingham ; Treasurer, E. J. Emery ; Librarian, Thomas Paxton, Jr.  he officers from this time to 1874 were as follows: AGRICULTURAL SOCIETIES - 101 1865 - President, W C Pinkham ; Vice-President, S. B. Smith ; Secretary S. R. Buckingham , Treasurer E. J. Emery , Librarian. Thomas Paxton. Jr. 1866. -President, W. C. Pinkham, Vice-President, A. Kimball, Secretary. S. R. Buckingham; Treasurer, E. J. Emery ; Librarian, Thomas Paxton, Jr. 1867.—President, W C Pinkham : Vice- President, A. Kimball ; Secretary, S. H. Buckrngham ; Corresponding Secretary, S. B. Smith Tr ,surer, E. J Emery. Librarian, Thomas Paxton, Jr 1868 - President E J. Emery, Vice-President, A. Kimball, secretary. S. R. Buckingham ; Treasurer, S. B. Smith; Corresponding Secretary W C. Pinkham. Librarian, Thomas Paxton. Jr 1869.—President E. J Emery ; Vice-President, A. Kimball ; Secretary, S R Buckingham ; Corresponding Secretary, W. C. Pinkham ; Treasurer, S. B. Smith ; Librarian, Thomas Paxton, Jr 1870. —President, Dr. J. P. Emery ; Vice-President, S. B Smith Secretary, S. H Buckingham ; Corresponding Secretary, W. C Pinkham: Treasurer, E. J. Emery ; Librarian, Thomas Paxton, Jr. 1871.--President. D. P Emery ; Vice-President, M. D. Parmer ; Secretary S. R. Buckingham ; Corresponding Secretary, W C. Pinkham , Treasurer, E. J. Emery ; Librarian, Thomas Paxton, Jr. 1872.—President, Dr J. P. Emery; Vice-President, M. D. Parmer ; Secretary. S. R. Buckingham ; Corresponding Secretary, W. C. Pinkham . Treasurer, E. J. Emery ; Librarian, Thomas Paxton, Jr 1873 —President. D. J P. Emery ; Vice-President, M. D. Parmer ; Secretary. S. R. Buckingham ; Treasurer, E. J. Emery Corresponding Secretary, W. C. Pinkham ; Librarian, Thomas Paxton. Jr. 1874.—President, W C. Pinkham ; Vice-President, M. D. Parmer; Secretary.: R. Buckingham ; Corresponding Secretary, D. H. Shields Librarian, Thomas Paxton, Jr. During 1874 the society was merged into Loveland Grange, No. 316 which had been organized in December, 1873), of which most of the members of this famous society became members, and in it have since been zealously carrying on the great work of the original organization, shedding new light upon the science of horticulture and awakening an interest in the culture of fruits. This society had a choice library of one hundred and ninety-four volumes, seventeen of which were on horticulture; four on gardening ; seven on agriculture ; fifteen on domestic animals, forty on floral and ornamental culture ; sixty-five scientific and miscellaneous ; and fifty of agricultural and geological reports. pamphlets, and public documents. The society had its stated meetings, held discussions on the causes of failures in fruit-growing in many localities, depredations of rnsects, climatic changes, the shipping and marketing of fruits. botany of flowers, forest- culture, etc. In no part of Ohio was the combination of the useful and beautrful in the occupation of a farmer carried to such successful perfection as in the neighborhood of Loveland. which within radius of six miles contains more fruit-farms, berry-gardens, and fields of cultivated flowers than any other locality in the West. The success of this society was largely due to the efficiency of its able secretary, S. R. Buckingham, the best agricultural and horticultural writer in Southern Ohio, whose contributions to the press and labors in other fields did so much to lift farming out of the ancient ruts and put it on a higher scale, intellectually and financially, in the Little Miami Valley. The society held its exhibitions at stated periods in the time-honored Loveland Lyceum hall, and the same com prised strawberries, raspberries, cherries. apples, peaches. pears. quinces, flowers, productions of the skillful and duti ful wife, specimens of elegant needle-work. productions of art, vegetables, grapes, wines, domestic manufactures, etc.. dosing with refreshments, speeches, and much social festivity The attention given to the cultivation of berries, fruits, and flowers attracted the most cultivated and sociable people from other localities, and made Loveland and its environs a delightful neighborhood. Much valuable information was diffused by the meetings of the society in the giving of the experience of rts members, making injuries. and discussing the merits and demerits of the various fruits, grains, and vegetables under cultivation, and the taw mode of propagating and cultivating the same. The knowledge gained from a perusal of its well-assorted library was of inestimable value to the farmer, who increased the product of his labor by a more skillful and intelligent use Or tit-- means at his command, and who knew that farming and fruit-growing required more capital and skill to conduct them successfully and profitably than years ago, when the land was new and our orchards and gardens were protected from the cold, chilly blasts of winter by the forests that are now fast disappearing. Horticulture has a most refining influence and is not only one of the noblest occupations, but is alike conducive to the health of a community by providing wholesome fruit, and profitable in that it affords employment to many men, women, and children. This society encouraged the use of fertilizers, turned the attention of farmers from the old-time style of fanning of the cultivation of products more easily grown and that brought better prices, and awakened so much interest in this direction that the system of farming has practically been changed. a large part of Clermont being to-day devoted to the cultivation of the various fruits and tobacco. In addition to the foregoing societies, much good has been dom. by the Patrons of Husbandry, who organized the following granges in Clermont County. The list gives the number as organized, Master and Secretary, and the named and post-office address of Secretaries in 1875 No. 29, Master, Davis Whippy ; Secretary, W. Whippy; post office, Withamsville. No 31, Master, Frank M. Neal ; Secretary, W. R. Fletcher; post office, Moscow. No. 53, Master, J. W. Foote; Secretary, Thomas D. Scott; poet office West Woodville. No. 54, Master, William Clevenger ; Secretary, Arthur Moon pow office, Cuba, Clinton Co. No. 102, Master, D. H. Nichols; Secretary, A. W. Holing post-office, Bantam. No. 103, Master, H. F. Gray; Secretary, M S. Dimmitt ; post-office, Felicity. No. 126, Master, John F. Burns; Secretary, J. H. Burns; post-office, Monterey. No. 127, Master, J. L. Roudebush; Secretary, Thomas C. Teal, post office, Stonelick. No. 128, Master, J. Colter; Secretary, A. S. Corbly; post-office, Amelia. No. 129, Master, E. D. Duckwall; Secrelary, W. S. Rose, post-office, Olive Branch. No. 188, Master, Wilson Barber; Secretary, F. T. Donaldson ; post-office, New Richmond. 102 - HISTORY OF CLERMONT COUNTY, OHIO. No. 189, Master, D. L. Bishop; Secretary, W. L. Gordon; post-office, G ashen. No. 190, Master, Rowan" Lytle; Secretary, A. D. Day ; post-office, Afton. No. 200, Master, A. M, Swope ; Secretary, J. L. Trees ; poet-office, Point Isabel. No !26, Master, Wiltiam }false; Secretary, B, H. Swing ; post-office, Bethel. No. 234, Master, E. L. Bennett ; Secretary, L. Evanshine ; poet-office, New Richmond. No. 235, Master, W. H. Hartman ; Secretary, E. H. McNutt; post- office, Marathon. No, 248, Master, L. W. Wiltsee; Secretary, Albert Leeds; post-office, Mount Holly. No. 261, Master; A. F. Queal ; Secretary, A. B. Shaw ; post-office, Mount Repose. No, 307, Master, J. M. Teal ; Secretary, W. H. Mead ; post-office, Olive Branch. No. 316, Master, J. P. Emery ; Secretary, S, R. Buckingham ; post- office, Loveland. No. 320, Master, S. Titus ; Secretary, J. L. Weaver; post-office, Batavia. No. 327, Master, 0. P, Buckingham ; Secretary, Frank Hetzler; post-office, Medaira, Hamilton Co. No. 370, Master, J. L. Cochnower; Secretary, Jacob Roudebusb; post- office, Bantam. No. 386, Master, Z. Dickinson ; Secretary, C. C. Brown; post-offrce, Newton svi 11 e. No. 394, Master, P. Medary ; Secretary, E. Chatterton; post-office, Hennings Mills. No. 415, Master, George H. Sapp; Secretary, George F. Clark ; poet- office, Belfast. No. 419, Master, James R. H. Simmons; Secretary, G. H. Barkley; post-office, Laurel. No. 454, Master, James Ashton ; Secretary, J. W. Hutchinson; post- office, Williamsburgh. No. 455, Master, T. W. Morehead; Secretary, John Rowan ; post- office, Williamsburgh. No. 529, Master, Andrew Jackson ; Secretary, F. M. Quigby ; post- office, Edenton. No. 589, Master, M. W. Owen; Secretary, M. L. Tucker ; post-office, Maple; Brown Co. No. 825, Master, John F. Hardy: Secretary, A. W. Shinkle; post-office, Smith's Landing. No. 871, Master, George Jarman; Secretary, William L. Drake; post-office, Neville. No. 975, Master; N. A. Day; Secretary, M. Simmons; pest-office, Mount Carmel. These granges were organized from 1873 until the period named, and had a large aggregate membership. A vast fund of agricultural knowledge was disseminated through this channel, and the masses were educated to think and act upon matters which affected their material interests, It is to be regretted that of the thirty-five granges instituted in the county but few have maintained their organization, and that this interest has been allowed to decline to, such an extent that only this brief account of the Patrons can be given with any authenticity. The county grange, " Pomona," elected its first regular officers at a meeting held at Williamsburgh, March 3, 1;875, when Davis Whippy was chosen Master ; steer:; Fishback, Overseer ; M. H. Dnckwall, Treas. ; M. Simmons; Sec. In 1876 these offices were filled in the order given by George Fishhook, William Ferris, M. H. Duckwall, and M. Simmons ; in 1877 by E. D. Duckwall, Rowan Lytle, M. H. Duckwall, and S. G. Morris; in 1878. by Davis Whippy, E. D. Duckwall, George Fishback, and S. G. Norris ; and in 1879 by Davis Whippy, N. A. Day, M. H. Duckwall, and J. W. Wiltsee. CHAPTER XIV. ORGANIZATION OF THE COURTS AND JUDICIAL HISTORY TO PRESENT TIME - ACCOUNTS OF THE JUDGES AND NOTABLE TRIALS - NAMES OF SHERIFFS, CLERKS, PROSECUTING ATTORNEYS, AND JUSTICES OF THE PEACE FOR A PERIOD OF EIGHTY YEARS. THE judiciary in the county, under the territorial government, consisted of the Courts of General Quarter Sessions of the Peace, and of Common Pleas, adopted from the statutes of Pennsylvania, and framed and published at Cincinnati, June 1, 1795, by Governor Arthur St. Clair, and by John Cleves Syumes and George Turner, judges in and over the Territory of the Northwest. This law establishing courts of judicature was printed with other statutes in a volume by Maxwell, which is commonly known to the legal profession as the " Maxwell Code." The above law provided that a court styled " the General Quarter Sessions of the Peace" be held and kept four times in every year in every county, and that a competent number of justices in every county be nominated and authorized by the Governor, by commission under the seal of the Territory; which said justices, or any three of them, should and might hold the said General Sessions of the Peace. Under this, as well as the act adopted at Marietta, Aug. 23, 1788, the Courts of Genera; Quarter Sessions could hear, determine, and sentence, according to the course of common law, all crimes and misdemeanors, of whatever kind or nature, committed within the county, the punishment whereof did not extend to life, limb, imprisonment for more than one year, or forfeiture of goods and chattels or lands and tenements to the government of the Territory. The said justices had power, in and out of sessions, to take all manner of recognizances, for good behavior, to keep the peace, or for appearance at a superior judicatory,and of commitment to jail ; and out of sessions any justice could hear and determine petit crimes and misdemeanors, wherein the punishment shall be by fine only, and not exceeding three dollars, and to assess and tax costs. The Court of Common Pleas was made up of a competent number of persons, commissioned by the Governor as justices of the Common Pleas, and was held four times a year in terms, according to their business, while the General Sessions Court could not exceed at one sitting over three days. The Common Pleas, of which three justices composed a quorum, could hold pleas of assize, scire facias, suits and causes, replevins, and hear and determine all wanner of pleas, actions, civil, personal, real, and mixed, according to law. All the writs ran in the name and style of " The United States of America," and bore the name of the presiding justice and of the prothonotary (clerk), and, with all other process, were executed by the sheriff, or, in his disability, by the coroner. Usually, the magistrates composing the Court of Quarter Sessions were the same comprising that of Common Pleas, and their principal business was to try men for fighting, to recover debts, and for trespass. The first court ever held in the county convened on the fourth Tuesday in February, 1801, at Williamsburgh, to wit, the General Quarter Sessions of the Peace, made up JUDICIAL HISTORY - 103 of the following magistrates Owen Todd Presiding Justice; William Hunter, Amos Ellis, William Buchanan, Philip Gatch, Robert Higgins, and Jasper Shotwell After these came Houron Clarkeo Alexander Martin, and John Hunter who sue with the foregoing in both courts and administered justice and decided law in primitive style, but with impartiality and purity The court thus organized. and with William Lytle as prothonotary (clerk) and William Perry as sheriff, proceeded to empanel a grand jury, the first ever sworn in the county, and composed of tin, following men, to wit: Amos Smith, John Charles, John Trout, Josiah Boothby, Henry Willis, Samuel Brown, Joshua Lambert, Jonathan Clark, John Kain, John Cotteral, John Anderson, Samuel Nelson, Benjamin Frazee, John Colthar, Kelly Burke, Harmon Pearson, Ebenezer Osborn and Absolom Day. There seems to have been no business for the grand jury at this term, and the court proceeded to the very important duty of dividing the county into Live townships,— Williamsburgh, Obannon, Ohio, WashiUgtoU, and Pleasant. Amos Smith, John Wood, and Amos Ellis were appointed a board of county commissioner,. Smith lived near what is now Georgetown, Brown Co., in Pleasant township (still so called), and Ellis resided halfway between Bethel and Williamsburgh. Daniel Kain and Jeremiah Beck were appointed constables of Williamsburgh township; Thomas Morris and John Charles appraisers of houses ; James South and John Kain supervisors of highways ; Jonathan Hunt, Henry Willis, and Samuel Brown auditors of supervisors' accounts ; Samuel Nelson and Samuel Brown overseers of the poor ; and Samuel Nelson, Archibald McLean, and Ramoth Bunton fence-viewers. The following appointments were made for the other four townships : Obannon now Miami , Constable, John Pollock ; Lister of Taxable Property, John Ramsey ; Appraisers of Houses, Theophilus Simonton and William Robinson ; Supervisors of Highways, Ambrose Ranson and Peter Wilson ; Auditors of Supervisors' Accounts, Thomas Paxton, Francis McCormick, and William Simington ; Overseers of the Poor, Samuel Robinson and Theophilus Simonton ; Fence- Viewers, Francis McCormick, Theophilus Simonton, and Samuel Robinson. Ohio : Constable and Lister of Taxable Property, John Hunter; Appraiser of Houses, Archibald Gray; Supervisors of Highways, Ezekiel Dimmitt and John Fagin ; Auditors of Supervisors' Accounts, John Hunter, Archibald Gray, and William Whittaker ; Overseers of the Poor, Ezekiel Dimmitt and Isaac Ferguson ; Fence-Viewers, John Dunham, Jacob Light, and John Vaneton. Washington . Constables, Joshna Manning and James McKiUney ; Lister of Taxable Property, Thomas Fee , Appraisers of Houses. John Abraham and Joseph Utter ; Supervisors of Highways, William Carothers and James Buchanan ; Auditors of Supervisors' Accounts, John Wood, William Fee, and James Sargent ; Overseers of the Poor, Henry Newkirk and John Sargent ; Fence- Viewers, Alexander Buchanan, James Clark, and John Wood, Pleasant (now in Brown County) : Constable, Archibald Hill; Lister of Taxable Property, William Higgins ; appraisers of Houses, Samuel Ellis and Walter Wall ; Supervisors of Highways, Archibald Sills and Richard Hewitt Auditors of Supervisors' Accounts, Walter Wall, Robert Curry, and Samuel Ellis; Overseers of the Poor, Alexander Hill and Robert Lucas ; Fence-Viewers, Alexander Hill, James Henry, and John Liggitt. License was granted John O'Bannon to keep a ferry over the Ohio River on the lower side of the mouth of Bullskin, and to Josephus Waters to keep one from his residence over the Ohio to Lee's Creek Station, in Kentucky An agreement was entered into with Thomas Morris, whereby he agreed to furnish the court with a convenient house, tables, benches, fuel, etc., for the purpose of holding court in for the term of four years, at twenty dollars per year The court then adjourned. On May 26, 180l , the court again met ; justices present, Owen Todd, William Buchanan, Peter Light, Robert Higgins, Jasper Shotwell, William Hunter, Houghton Clarke, Alexander Martin, and Amos Ellis.- A grand jury was empaneled, to wit : Ephraim McAdams (foreman), Jo. sephus Waters, John Vaneaton, Nicholas Sinks, Adam Bricker, Robert Dickey, John Shotwell, John Colther Obed Donham, Archibald McLean, Moses Leonard, Adam Snider, and Ramoth Bunton. These good men, after retiring to consult upon crimes committed within the body of the county, reported that they had nothing of that kind to present,—a splendid record for the reputation of the people of that day. William Perry was allowed nineteen dollars and eight cents for building a stray-pen, and appointed keeper thereof, at three dollars per quarter. John Donham was appointed appraiser of houses in Ohio township in place of John Hunter, refusing to serve, and Jacob Light lister, in lieu of said Hunter, who declined that honor also, and John Harwood constable in place of said Hunter, who seemed to have held public employment very cheap indeed. The second day John Evans was indicted for selling liquor without license, and they were about to try him by a jury, but it was found there was no law to sustain the case, and he was gently dismissed. This court had and exercised, until it was transferred to the board of county commissioners under the State government, full control over all matters relating to roads, bridges, and internal administration of the county's affairs. A road from Boude's ferry on the Ohio opposite Augusta, Ky., to Williamsburgh was ordered to be laid out by John Boucle, Joseph Clark, William Carotherso and John Kain, or any two of them, with Roger W. Waring as surveyor, and to report to next court. On petition of Francis McCormick, Charles Redmon, Ambrose Ranson, and Philip (latch, there wee, appointed Elisha Hopkins, John Pollock, Jr and John Kain, or any two of them, to view a road from the Broad Ford, on the Little Miami, to Williamsburg), with Waring as surveyor. On petition of William Lytle. Obed Donharn, and Houton Clarke, there were appointed Capt. Dan Feagans, Thomas Barnes, and Jeremiah Beck, or any two of them, to view a road from Denhamstown to Williamsburgh Peter Light surveyor. On petition of sundry inhabitants of Williamsburgh and Ohio townships, Jacob Ulrey, Moses Wood, and Asbel Gray were appointed to 104 - HISTORY OF CLERMONT COUNTY, OHIO. view a road from Williamsburgh to the mouth of Twelve- Mile Creek, on the Ohio River, with William Perry as surveyor. On petition of Josephus Waters, there were appointed Daniel Feagans, Fielding Feagans, and John Kain to view a road from Waters' ferry, on the Ohio River, to Williamsburgh, with Joseph Waters surveyor. Joshua Manning was reappointed constable of Washington township, and Alex. Hill, Jr., appointed constable of Pleasant township. On application of Thomas Morris a license was granted him to keep a tavern at his house, in Williamsburgh, upon his paying eight dollars, which was the first tavern license granted in the county by its authorities. Roger W. Waring was appointed to meet the surveyors of Hamilton and Adams Counties and run the lines thereof and report. Peter Machir obtained a license to keep a ferry over the Ohio at his land, between the mouths of Big and Little Indian Creeks. Michael Quigly asked for a ferry license over the Ohio, where he lived, and was refused. On petition of Peter Wilson and others there were appointed Robert Dickey, William Perry, John Ramsey, David Miller, and ()wen Todd to view a road from Wilson's mill, on the Obannon Creek, to Williamsburgh, with Waring surveyor. William Fee petitroned for a bridge extending ten poles on each side of the mouth of Bullskin Creek, but his prayer was rejected. This court ordered that a dollar and a half be allowed for the scalps of full-grown wolves, and one dollar for those of puppies under six months old,--cheap at that, no doubt. The sheriff was ordered to get two pairs of handcuffs, lock, hasp, and staple for securing criminals. Ordered that the lower story of Thomas Morris' middle log building should be appropriated for a jail until a better one could be provided. Mr. Morris seems to have engrossed pretty much everything, his house being a tavern, a court-houseo and a jail, all under one roof, or, in other words, three log buildings joined together. The court, after a three days' session, adjourned for the term, .June 22, 1801, Court of' General Quarter Sessions met ; justices present, Owen Todd, Jasper Shotwello Peter Light, and William Hunt. Clerk. William Lytle ; Sheriff, William Perry ; Court Constable and Crier, Daniel Kain. A fee-bill for ferry licenses was arranged, and court adjourned. Tuesday, Aug. 25, 1801, conrt met ; justices present, Jasper Shotwell, William Buchanan, William Hnnter, Robert Higgins, Peter Light, Philip Gatch, Amos Ellis, and Houton Clarke. The following grand jury was called : John Boude (foreman), David Colglazer, Ezekiel Dimmitt, John Gaskins, Joseph Lakin, James Buchanan, William Dixon, John Abrahains, John Ramsey, Silas Hutchinson, Samuel Bodine, John Mitchell, and Joseph Clark, who found an indictment against Andrew Cottereli for an assault committed on James Kain, the old tavern-keeper and father of .John, Thomas, Daniel, etc. .James Kain obtained a license to keep tavern in Williamsburgh on payment of eight dollars Road reports of viewers were read, and the road from Stepstone, on the Ohio River, to Williamsburgh was established, and lhe one from Bonde's Ferry to Williamsburgh was opposed, but finally established ; and the realm, stratus took an appeal to the General Territorial Court, at Cincinnati. The following three roads were established :, From Williamsburgh to Broad Ford, on the Little Miami; to Wilson's Mill, on the Obannon ; and to Waters' Ferry. Roger W. Waring presented the following bill for surveying county-lines and roads, and it was ordered to be paid at the next session : for running and marking county- line, twenty-one miles at $2 per mile, $42 , for surveying, marking, and viewers' allowance included, road from Boude's Ferry to Williamsburgh, $34; for same service on road from Obannon's Creek to Williamsburgh, $21.75; and for services as aforesaid from Broad Ford, on Miami, to Williamsburgh, $18.75 ; total, $116.50,—a remarkably reasonable bill. The road from Denhamstown to Williamsburgh was established, and a remonstrance against the Stepstone road was received, filed. and laid over for consideration. Samuel Armstrong was appointed commissioner in place of Amos Smith, resigned. The first Common Pleas Court met Feb. 25, 1801, at the house of Thomas Morris, and was composed of the following justices. Richard Allison 'not present), Owen Todd, William Buckhannon, Jasper Shotwell, Robert Higgins. Peter Light, and Philip (latch, with William Lytle as prothonotary and William Perry as sheriff, all having commissions from his Excellency Governor Arthur St. Clair No business was done save to adjourn. Court again met on May 26, 1801 (May term), with same justices as before, and William Hunter besrdes. The first and only case tried was that of David Zeigler against Edward Miller, who was attached to answer on a plea of trespass on the case for one hundred and fifty dollars' worth of goods, wares, and merchandise sold and dehvered to said Edward by said Davido and for the further sum of thirty five dollars of a certain money-order given Aug 12, 1799, at Fort Washington, directed to " Caleb Swan. Paymaster General, Philadelphra." requiring the said Caleb to pay on sight Maj. Jacob Slough or order said sum, and charge to said Edward's account as per advice, and which order was assigned by said Jacob to one Adam Reigart. and by sard Adam assigned to the David aforesaid Jacob Burnet was attorney for Zeigler, who recovered a judgment of one hun dred and twenty-nine dollars and sixty-two cents. the first ever taken in the county. The next suit was that of John Cotterel against. Samuel Nelson, —one of damages. - whrch was discontinued by plaintiff , and the court, having been in session three days. adjourned sine die. The August term of 1801 with same justices and court officials, convened, and two cases were tried The first was that of George Hatfield versus Andrew Cotterel, the plaintiff claiming in his declaration the sum of two hundred dollars for two yoke of oxen sold and delivered to said defendant on the first count , on the second, a quantum vole- bane ; on the third. money, - -money had and received , and on the fourth, money laid out, expended, and paid, with a terse conclusion, all capitally written by Lawyer Jacob Burnet. And now the said Andrew, by Arthur St. Clair, his attorney, comes and defends the force and injury when, etc., and says " that he did not undertake and promise upon himself in manner and form as the said George bath here unto above complained against him , and of this he puts JUDICIAL HISTORY - 105 himself upon the conntry," etc. ; whereupon the sheriff summoned before the court twelve good and lawful men of the county, by whom the truth of the matter may ba better known, and thereupon came the following jury,—the first petit jury which ever tried a case in Clermont : John Don- ham, Charles Baum, John Trout, Joseph Gest, John Charles, Jacob Ulrey, Ichabod Willis, John Gest, Samuel Nelson, Nicholas Sinks, William Simonds, and James Woods,— who on oath and by a solemn verdict, after hearing the testimony, the argument of counsel, and instruclions of the court, did find that the said Andrew had promised and undertook to pay said George the sum of one hundred and one dollars and sixteen cents, which, as damages for his several promises and assumptions, they gave, and the court gave judgment accordingly, with twenty-one dollars and two and one-half cenls costs. The other suit tried was that of David Blew against Thomas Morris before the conrt without the intervention of a jury. Blew claimed in his declaration, prepared by his attorUey, Judge Jacob Burnet, that Morris had stipulated in a certain written agreement, dated Aug. 2, 1800, to pay said Blew the full sum of sixty-five dollars in good merchantable wheat, to be delivered at John Smilh's mill, at Round Bottom, on November 1st following ; and that Morris had not kept his covenants made between them, though often requested to do so ; and that lhe said Thomas, although being solemnly called, cloth not come nor say anything in bar or preclusion of the action. Judgment few Blew for seventy-two dollars and seventy-nine cents, and costs of fifteen dollars and thirty-three and one-half cents. A fi. fa, was issued and returned by sheriff; levied on one horse and one cow, which remain on hand for buyers ; and thereupon a ca. sa. (capers satisfaciendum) to August term, 1802, was issued to take the body. The records do not show—for they are either lost or stolen—any further Common Pleas Court proceedings till the State government was organized, in 1803; but that these courts conlinued to be held is shown by the writs and other processes issued and returned and on file in clerk's office. We give the earliest execution preserved on the files of the county : "TERRITORY OF THE UNITED STATES, } NORTHWEST OF THE OHIO RIVER. - CLERMONT COUNTY, ss. "The United States to the Sheriff of our said County of Clermont, Greeting: "We command you, that of the goods and chattels of Andrew Cotterel in your bailiwick, you cause to be made one hundred and one dollars and sixteen cents, which George Hatfield lately before lhe justices of our court of common pleas, at Williamsburg, in the county aforesaid, recovered against him the said Andrew Cotlerel, and also Twenty Dollars & 93 1/2 cents which to the said George in our said Court were adjudged as well for Damages as for his costs and charges by him aboot his suit in that behalf expended, whereof the said Andrew Cotterel is convicted, as it appears to us of record ; and have you that money before the justices of our said court, at Williamsburg, on the fourth Tuesday of November nexl, to be paid to the said George Hatfield together with his damages, costs, and charges aforesaid; and have you there this writ. "Witness, Owes To), Esq., " Presiding justice of our said court, at Williamsburg, the thirty-first day of August, in the year of our Lord one thousand eight hundred and one. " WILLIAM LYTLE, " Prothonotary." On the back of this fi. fa. Sheriff William Perry indorsed nulla bona, but the amount of this officer's fees is illegible from rust and soiling. On May 26,1802, David Blew had issued out of the Common Pleas Court it capias satisfaciendum against Thomas Morris, afterwards United States senator, to take his body and commit to jail to satisfy a judgment of seventy- two dollars and seventy-nine cents, recovered by said Blew by occasion of a certain breach of covenant, and also the further sum of sixteen dollars and eighty cents damages adjudged. This writ was returnable to the Augnst term, and Peter Light, the sheriff, made the following return on its back : "eye Corpus, committed;" which signifies he took the body of said Morris and committed him to jail, for which his return shows he charged thirty cents. Jacob Burnet appeared as counsel for Blew, but the process shows that the sheriff did not receive it till July 21st, and that at. the following August term Morris was released by a supersedeas issued by the General Conrt. The fees of the various officers at that time were in marked contrast to those now in vogue, and they charged to a half cent and earned them ; but constructive fees were unknown, and the perquisites outside of the statute allowances were few. Witness fees were thirty cents a day ; grand jurors, fifty cents, and three cents a mile for lravel ; petit jnrors fifteen cents for each case tried, and no mileage. The sheriff had three cents per mile for mileage. By the territorial laws the whipping-post and pillory were used in part punishment for arson, burglary, perjury, larceny, etc., and in addition to jail and court-house, and by the act of Aug. 1, 1792, each county was required to erect a pillory, whipping-post, and stocks for the benefit of criminals. By a law of May 1, 1798, adopted from Kentucky, the crime of Maiming was punishable by imprisonment not more than six months, and fine from fifty dollars to one thousand dollars, and if not paid the offender to be sold to serve for not exceeding five years. For taxation purposes lands were classed as first, second, and third rate, to wit : First, at eighty-five cents for one hundred acres ; second, sixty cents for one hundred acres ; and third, twenty-five cents for one hnndred acres. A premium of fifty cents for wolf-scalps under six months, and one dollar arid fifty cents for all over that age, was alp lowed by law, to be paid out of the county treasury. Imprisonment for debt being allowed, the bounds of debtors were extended eighty rods from the jail, and to be at the option of the prisoner, at night as well as day ; so that a man sent to jail for debt could board and lodge, if he chose, at a tavern or private house within eighty rods of the jail. The compensation of the judges of the General Court was fixed at two dollars per day while holding court or while traveling from place to place, which sum seems very reasonable when we take into account the kind of travel, without roads, bridges, or ferries, and when the places of holding General Courts were many miles apart, at Marietta, Chillicothe, Steubenville, Cincinnati, and Detroit. Justices of the peace had jurisdiction in civil cases where the sum claimed did not exceed twenty dollars. When Clermont was organized, or shortly after, at the fall session of the Legislature in 1801, a new fee bill and 106 - HISTORY OF CLERMONT COUNTY, OHIO. salary act was passed, giving petit jurors twenty-five cents for each case tried, and no mileage ; grand jurors fifty cents a day, with five cents for each mile traveled; and witnesses thirty cents a day for going and returning and time at court. Nowadays witnesses would think it quite a hardship to go from Utopia or Loveland to Batavia, stay three days and return, and be paid for five days at thirty cents a day, and take it in doubtful certificates at that. The right to vote was allowed, in the election of members to the territorial Legislature, to those owning fifty acres of land, the pay of members of the General Assembly fixed at three dollars per day and same for twenty miles of travel, and the General Court judges allowed three dollars for each twenty miles of travel, being an increase of one dollar over their former allowance. On Nov. 24, 1801, Court of General Quarter Sessions convened ; justices present, Jasper Shotwell, Amos Ellis, and William Hunter. Ordered that tile court be adjourned to the house of William Perry for five minutes, at which place court will sit at that time. It is not explained why this removal for five minutes to the house of Perry (then sheriff) took place, but tradition says there was in his domicile a private supply of excellent West India ruin just arrived, and which it was necessary to sample and test. The court, having met at Sheriff Perry's, ordered that the new jail, which had just been built, should be received, provided the comers were sawed down square by the next term, and the commissioners were ordered to draw an order on the county to pay the contractors. Next day, Nov. 25, 1801, the other members of the court appeared and took their seats, to wit : Peter Light, Houton Clarke, and William Buchanan. Citizens of' Washington township petition for a road from Peter Macher's ferry until it intersects the road from Step- stone to Williamsburgh, and John Cameron, John Gaskins, and Adam Fisher were appointed to view the same, with Joseph Jackson as surveyor. John Kain was granted an order, to be drawn by county commissioners on county treasurer, for seventeen dollars. for nails and lock for the jail. William Perry, the sheriff, having foiled to give se curity for the collection of territorial taxes on resident lands, the court appointed Houton Clarke collector of the same. There being some hitch in the Stepstone road, it was wiped out, as prayed for by the remonstrants, which of course put somebody out of humor and out of pocket. On Feb. 23, 1802, Court of General Quarter Sessions again met ; justices present, Robert Higgins, Jasper Shotwell, Philip Gatch, and Alexander Martin. Convened at house of William Perry, and Daniel Kain was crier. The commission of Robert Higgins as Probate judge was read, and court then adjourned till next day. Court met, and Houton Clarke, Amos Ellis, and Peter Light, members, took their seats. The court appointed Ambrose Ranson commissioner of the county in lhe place of Amos Ellis, whose term expired ; Samuel Ellis in place of Samuel Armstrong, removed from the county. Ordered that the clerk issue warrants to a constable in each township, directing them to hold elections for township officers on the fourth Tuesday of March next, the election at Williamsburgh to be held at the court-house; in Obannon, at house of Nathaniel Dunham ; in Pleasant, at house of Walter Wall ; in Washington, at house of Joseph McKibben ; and in Ohio, at house of Isaac Vaneaton, No files are preserved of' these elections. The court was asked to review the road from Denhamstown or Bethel to Williamsburgh, but refused to do so ; and this is the first time the name of Bethel appears, Mr. Obed Denham, its proprietor, in a certain large chancery suit with the Breckenridge heirs in regard to its title or that of some of its lots, swore that the town was first called Plainfield, but finally Bethel. On the second day of this term Peter Light presented his commission from the Governor as sheriff, and gave bond, with James and John Kain as securities, took the oath, and assumed the duties of his office. John Boude was granted • a ferry license at his place, to ferry the Ohio River. May 25, 1802, court met; present, Justices Owen Todd, Jasper Shotwell, William Buchanan, Alexander Martin, Amos Ellis, and Houton Clarke. A grand jury was called, of whom Bernard Thompson was foreman ; the names of the others are not found, but the record says it had nothing to do. On motion, Jacob Burnet, Arthur St. Clair, Jr., and Aaron Goforth were admitted to practice law in said court, which is the first record notice of lawyers in the county. Ordered that hereafter the township of Washington shall be as follows : Beginning at the mouth of Big Indian Creek, running a direct course six miles towards the mouth of Cloverlick Creek ; thence a direct course to where Denham's- road crosses the main branch of Indian Creek ; thence with the former line due east to White Oak Creek ; thence with said creek to the mouth ; thence down the Ohio River to the beginning, taking in what is now Franklin township and a large part of the present territory of Brown. Ordered that wolf- and panther-scalps be paid for as follows: Six months old or younger, one dollar and a half each ; over six months old, three dollars. These scalps were good as gold to pay taxes, and many a farmer managed to keep enough to pay his taxes, and some to spare. Ebenezer Osborn was appointed keeper of the estray-pen, at four dollars per annum. William Perry had it last year, and made enough to retire on, and Osborn was a tailor and this little start in office helped him on. Election districts were ordered as follows : In Williamsburgh, at court-house; Pleasant, at house of Walter Wall ; Washington, at Joseph MeKibbin's ; Ohio, at John Donhamls ; and Oban non, at Thomas Paxton's ; and sheriff ordered to provide boxes according to law. Sheriff Peter Light appointed Daniel Kain his deputy, and assigned him duty in all that part of the county north of the east fork. Peter Light, Jasper Shotwell, and John Charles were appointed to prepare a plan for a new court-house, and court adjourned. Aug. 24, 1802, court met ; justices present, Owen Todd, Jasper Shotwell, William Buchanan, Alexander Martin, Amos Ellis, John Hunter, Philip Gatch, and William Hunter, John Hunter being a new member. The following grand jury was empaneled : Jonathan Hunt (foreman), John Colther, James South, William Test, Moses Rumsy, Patrick McCollum, Joseph Darrell, Thomas Barnes, John Cotterel, John Marshal, James Winters, Adam Bricker, Wilham Nelson, John Morris, Benjamin Frazee, Joshua Lambert, Samuel Nelson, Samuel Nutt, Aaron Osborn, Berzilla Osborn, Obed Denham, Henry Willis, and Levi JUDICIAL HISTORY - 107 Tingley. This looks like a large jury, but we follow the records. Amos Smith exhibits his settlement as county treasurer, and it is approved. James Kain renews his tavern license, and pays eight dollars therefor. A road was asked from Waldsmithls dam to Roudebush's, and thence to the northern border of the county, and Abram Bowman, Andrew Smith, and Peter Frybarger were appointed viewers, and Ambrose Ranson as surveyor. John Wood was appointed inspector of articles of export, as required by law. Robert Townsley got license to keep tavern, and paid four dollars for same ; his house yet stands, at the foot of the hill, not a mile west of Batavia, and is now owned by Ezekiel D. Duckwall, and was then in Ohio township. The surveyor was ordered to lay off prison-bounds to the full extent of the law, to give the poor debtors as much margin as possible. Charitable conrt ! William Simonton's bill for wintering a cow and calf was reduced from five to three dollars, and ordered paid. Cheap wintering of stock ! The court poslponed the building of the new court-house till it could see how much could be raised by private subscription. For eight dollars Thomas Morris had his tavern license renewed for another year. Amos Smith, having got safely through his settlement as county treasurer, concluded to resign, and Roger W. Waring is appointed temporarily, until the Governor shall commission some one as such. The court then approved the grand county levy and adjourned. November term, 1802 ; justices present, Owen Todd, William Bnchanan, Jasper Shotwell, William Hunter, Robert Higgins, Philip Gatch, and Houton Clarke. Thomas Allen was court-crier,—a new man, from Bethel, and a tailor by trade. The following was the grand jury : Jeremiah Beck (foreman), David Loofburrough, Samuel Nelson, John Smith, John Gask ins, Joshua Lambert, James Arlhur, Charles Baum, Thomas Barnes, Joseph Gest, Josephus Waters, Benjamin Frazee, Ignatius. Knott, and Henry Chapman. William Fee's petition for a road from the upper side of mouth of Bullskin Creek was read a second time, and rejected. Petition for a road from Bethel to New Market rejected. For four dollars Houton Clarke got license to keep tavern in Bethel. Here all record of the territorial courts ends, as far as can be discovered. There seem to have been nine terms of the Court of General Quarter Sessions, some record of eight of which we have given above ; and of the adjourned' term of court for October (first Tuesday), 1801, if it was ever held, there is no record. The following are the regular entries of suits commenced before the State government was organized : Appearances to May term, 1801, 5 suits. “ August term, 1801, 14 suits. “ November term, 1801, 10 suits. “ February term, 1802, 2 suits." “ May term, 1802, 11 suits. “ August term, 1802, 8 suits. “ November term, 1802, 8 suits. “ February term, 1803, 6 suits. The county was organized so that the territorial court was held just two years and two extra terms,—one in June, 1801, the other, October, 1802 ; of the last named there is no record. April 30, 1802, Congress passed an act authorizing a convention to form a Slate constitution, and that convention met at Chillicothe on November 1st, and on the 29th completed its labors and adopted one which, without being submitted to a popular vote for ils approval, went into effect at once by the Congressional legislalion authorizing it. A revolution was made in the judicial system and in the internal administration of the local affairs of' the counties, but it was one necessary to meet the requirements of the increased population, and to keep pace with the more humane system of legislation that obtained in the first years of the century, in contradistinction to the older codes of colonial days, adapted only to small populations scattered over large areas of territory. When Ohio was admitted into the Union, the first Legislature under the new constitution, on April 15, 1803, passed an act organizing judicial courts and provided for Supreme and Common Pleas Courts,—one session of the former and three of the latter each year in every county. The State was divided into three circuits, of which the counties of Hamilton, Clermont, Butler, Montgomery, Green, and Warren composed the first ; and by the constitutional provision all the judges were elected by joint ballot of the General Assembly and held office for seven years. The Common Pleas consisted of one presiding judge for the circuit and three associate judges, living in each county. Francis Dunlavy was the first presiding judge, and held the first court in the county under the State government on the fourth Tuesday of December, 1803, at Williamsburgh, with Philip Gatch, Ambrose Ranson, and John Wood as associate judges ; and it was opened with becoming ceremonies. The grand procession was formed at the old Kain hotel in the following order : First, the high sheriff (John Boucle), with his drawn sword ; second, the citizens; third, Revolutionary soldiers ; fourth, members of the bar ; fifth, justices of the peace ; sixth, clerk, prosecutor, and court constable ; seventh, clergymen ; and lastly, the newly appointed judges. The preacher, after the procession had 'Parched, countermarched, and the judges had taken their seats in the courtroom,—the house rented of Thomas Morris,—invoked a rich blessing at divine hands upon the dispensers of law and justice. Then the sheriff, Col. John Bowie, proclaimed with his solemn " 0 yes!" " that a court was opened for the administration of even-handed justice to the poor and rich, to the guilty and innocent, without respect of persons ; none to be punished without a trial by their peers, and then in pursuance of the laws and evidence in the case." Roger W. Waring was clerk, Aaron Goforth prosecuting attorney pro tempore, and Daniel Kain deputy sheriff, with James Boothby as court constable. The grand jury—and the first empaneled in Clermont under the State government—consisted of John Hunter (foreman), Robert Dickey, George Earhart, Joseph Perrino, Ramoth Bunton, Ephraim McAdams, Samuel W. Davis, Robert Townsley, Jacob Whetstone, Peter Emery, William Whitaker, Isaac Ferguson, John Donham, Joseph Fagin, William Simmons, and Ezekiel Dimmitt. Several indictments for small offfinses were tried by jury at this term, and some business done in the way of civil suits. Guardians formerly appointed for John Fagin (commonly called Old King Fagin) refusing to 108 - HISTORY OF CLERMONT COUNTY, OHIO. serve, the court appointed Abel Donham and William Abercrombie. All probate matters now came before this court and occupied a large share of its altention, this department being attended to specially by the three associate judges. Revs. Philip Gatch and John Sale, having produced the proper credentials, were authorized to celebrate and solemnize marriages, and did a large business in the wedding line, as the old records show. The last will and testament of William Long was exhibited and proved by Nathan Glaze and John Espy, and admitted to record, being the first will probated in the county under the State government. The court appointed Roger W. Waring clerk for seven years, who gave bond, with Peter Light and Daniel Kain as securities. Aaron Goforth was allowed twenty dollars as prosecutor for the term, and Joshua Collett twelve dollars for prosecuting State cases in the Supreme Court. Maurice Witham, a Baptist minister, was authorized to solemnize: marriages. And so closed the first term of the Common Pleas Court of this county, after a session of four days, beginning business at six o'clock each morning. Common Pleas Court, June, 1804; same judges and court officials as at last term, save Judge Dunlavy, who was absent. The following was the grand jury : Robert Higgins (foreman), George Davidson, William Hnnter, Philip Smizer, Jeremiah Beck, r., Ephraim McAdams, John Coulthar, Sr., Samuel Robinson, Elihu Hopkins, Thomas Fee, Joseph Dugan, William Perry, Henry Willis, Conrad Harsh,-fifteen, all told,—who were sworn, proceeded to business, returned indictments, and were discharged. The last will of Alexander Buchanan, deceased, was proved and admitted to record. The case of Ebenezer Osborn vs. William Lytle for damages was tried before this jury : Josiah Booth, Isaac Reed, William Laycock, Jesse Swem, John Mefford, Gibbins Bradbury, Adam Hoy, Levi Tingly, Isaac Ellis, William Crossley, John Charles, John Lakin ; verdict for plaintiff of forty-seven dollars and twenty-five cents. Revs. John Collins and Francis McCormick, two noted Methodist preachers, were authorized to solemnize marriage. The suit of John Wharton vs. John Miller—plea, nil debit—was tried before the following jury : Joseph Moore, John Kain, Amos Smith, Jeremiah Beck, Jr., Houton Clarke, Robert Townsley, John Snider, Daniel Kidd, James Morrow, David Loofburrough, Ephraim McAdams, John Williams; and a verdict was given for plaintiff of one dollar and seventy-five cents. Motion in arrest of judgment overruled, and judgment on the verdict. It appeared that three stray hogs taken by William Lyon, fin. which he paid seven dollars into the connty treasury, were afterwards claimed by John White, who sued Lyon and at this term got judgment for the hogs ; thereupon the court ordered the treasurer to pay back to Lyon his seven dollars, but the costs of suit—which were considerable, there being some ten witnesses in attendance four days each—he had to bear. The court ordered the sheriff to lay off the prison-bounds in a square, no part of which is to be more than eighly rods from the jail ; which prison margin was for unfortunate debtors, not criminals. The court, after a session of four days, held by the associate judges alone, adjourned. November term, 1801; present, FrancisDunlavy, president judge, Philip Gatch, John Wood, and Ambrose, Ran- son, associate judges, with same court officials as at last term. A grand jury was called, but not a sufficient number answered, and those present were discharged and attachments issued for the absentees. The last will of James Lakin was proved by George Brown and Thomas Seaton, and Sarah and Joseph Lakin appointed executors. Joseph Lakin was appointed administrator of John Lakin, deceased ; David Roudebush of Daniel Roudebush, deceased ; and Sarah Boothby administratrix of Josiah Boothby, deceased. Rev. Levi Rogers was authorized to solemnize marriages, and in his time was a doctor, preacher, lawyer, sheriff, and legislator. Abont this time a big fuss was kicked up by Roger W. Waring, county clerk, on one side, and Thomas Morris, John Hewitt, and David Loofburrough on the other, and they were all indicted, tried by a jury, found guilty, and each fined three dollars and costs ; from which trouble civil suits followed : That of Loofburrough vs. Waring was submitted to the following jury : John Bennett, William S. Jump, Joshua Manning, Henry Cuppy, Robert Right, David Colglazier, John Snider, Abram Sells, William Sirnonton, George Swank, Peter Light, and Daniel Kidd. Plaintiff subpoenaed the following witnesses : Samuel Beck, John South, William South, John Hewitt, James Winters, Mary Cook, and Henry Willis. The defendant moved that the witness John Hewitt be rejected on the ground of interest, but the court overruled the motion. Mr. R. S. Thomas, attorney for plaintiff, moved that plaintiff be permitted to appear with his attorney ; motion overruled by court. That looks a little strange,-that a party should not be allowed to appear with his counsel to manage his own case. The defendant's witnesses were John Evans, Ramoth Bunton, Daniel Kain, and Nicholas Sinks. After a full hearing the jury returned a verdict of two cents damages for the plaintiff. As the judgment did not carry costs, it would have seemed like a poor speculation for Mr. Loofburrough ; but we shall see how his luck affected the other two cases against Waring. Nicholas Sinks, Houlon Clarke, James Kain, and Robert Townsley renewed their tavern licenses, and William Fee was appointed inspector of flour, Adjourned efter four days' session. February term, 1805 ; same judges as at last term, but Joseph Jackson is sheriff, and Joshua Collett prosecuting attorney. Grand jury : Rev. Francis McCormick (foreman), Jacob Ulrey, John Warren, William Lindsey, Obed Denham, John Pollock, r., Moses Hicks, Samuel Jackson, John McConeley, Daniel Evans, John Prather, Henry Newkirk, and John Sargent. Witnesses sworn to go before the grand jury : Ann Williams, Patty Leeds, John Doughty, Adam Snider, James Blackwood, Nancy Durbin, Philip Durbin, and Hannah Ulrey. And now came the civil suit of Thomas Morris vs. Roger W. Waring for trespass arid assault. Jury sworn, to wit : John Abra- hams, John Wiley, Charles Stuart, George Kinney, Robert Dickey, Benjamin Cross, James Rounds, George Evans, John Trout, John Davis, Mathew Davidson, and Christian Husong. John Kain had been called on the jury, but plaintiff objected to him because he had formed an opin- JUDICIAL HISTORY - 109 ion, and he was discharged. Witnesses for plaintiff, John Hewitt, David Loofburrough, Samuel Beck, James Winters, Henry Willis, John South, William South, Jeremiah Beck, Jr.; for defendant, Ramoth Bunton. Testimony heard, and jury returned a verdict for defendant. The next case was John Hewitt vs. Roger W. Waring, before the following jury : Mathew Davidson, John Davis, John Abrahams, George Kinney, James Rounds, John Wiley, John Hair, George Evans, Christian Husong, Robert Dickey, Benjamin Cross, and Joseph Wood. Witnesses about the same as in the other two cases, and the jury found for defendant, Waring, who had thus, as defendant, gained three straight cases. But now he appears as plaintiff vs. John Hewitt and David Loofburrough for trespass and assault. Witnesses for plaintiff, Ramoth Bunton, John Evans, and John Right ; defendants had none. The jury —Houton Clarke, Robert Dickey, James Rounds, George Kinney, George Evans, John Wiley, Christian Husong, John Abrahams, Benjamin Cross, John Davis, John Kain, and Mathew Davidson—returned a verdict f fifty dollars for plaintiff; and so ended that little quarrel. We have been careful to set the names out in full, that legal gentlemen and others familiar with modern court proceedings may see how the same jury was allowed to try case after case involving the same facts; not so now, and we doubt if purer justice is administered now, with all modern strictness, than in the early days. John A. Collet was allowed twenty dollars as prosecutor for this term. A writ was issued to in- ! quire into the condition f Timothy Denham, a lunatic, on request of his father, Obed Denham. The court seems to have closed the business this term in one day. September term, 1805 ; same judges as before, with Arthur St. Clair prosecuting attorney. Grand jury : Moses Broadwell (foreman), Isaac Higbee, John Day, John Collins, Ebenezer Osborn, Robert Wardlow, Henry Miller, Reuben Young, John Roney, Alex. Martin, John Forsyth, James Henry, Thomas Jones, Jacob Light, and Patrick Bennett, The will of William Hatheway was admitted to record, being proved by Charles Stuart and Joseph Wood ; Jemima Hatheway executrix, and Joseph Jackson, William Nash, and David Wood appraisers. The will of Elias Fee was admitted to record, being proved by George Brown and Thomas Fee; Thomas Fee executor, and William Buchanan, Adam Simmons, and James Simmons appraisers. Ordered that three justices be elected in Tate township, just organized. William Hodges' will was admitted to record ; proved by Henry Cuppy and Levi Rogers ; James Hodges executor, William Buchanan, George Brown, and Frederick Sapp appraisers. Arthur St. Clair allowed twenty-five dollars for prosecuting this term. The inspector was ordered to procure a branding-iron for com-meal, buckwheat-meal, flour, biscuit, butter, hogs' lard, pork, and beef, After a three days' session, court adjourned. January term, 1806 ; same judges as before, but Levi Rogers was sheriff. The following grand jury appeared : Alex. Martin (foreman), James McKinney, Christopher Hartman, Abraham Miller, George Wright, Adam Simmons, William Lane, John Smith, Elihu Hopkins, William Buchanan, Henry Donham, Benjamin Crane, William Campbell, Jasper Shotwell, and Owen Todd, who were in session two days and indicted several persons for keeping a ferry without license, all of whom pleaded guilty and were let off with a fine of one dollar each and costs. William Test and Berzilla Osborn got into a wrangle ; were indicted, pleaded guilty, and fined,—Test two dollars and Osborn one dollar,—and each paid half the costs. Case tried—Emanuel Vener vs. William Hathaway—before this jury, to wit : Joseph Gest, Joseph Moore, David Miller, James South, William Moorecraft, Jacob Slye, Moses Rumery, James Fee, John Earhart, William Bennett, Josiah Prickett, and Peter Emery, who gave the plaintiff fifty-nine dollars damages, to the satisfaction f his lawyer, Jacob Burnet. The will of Josiah Wood was admitted to record ; proved by Joshua Manning and Isaac Seaman, Oliver Lindsey pleaded guilty to indictment for assault and battery, and was fined twenty-five cents. The case f William South and William Malott vs. John O'Bannon, for debt, was tried before this jury, to wit : Joseph Gest, David Miller, John Earhart, Peter Emery, James Fee, William Moorecraft, William Bennett, Daniel Light, Joseph Moore, Josiah Prickett, Moses Rumery, and Jacob Slye, who returned a verdict of three thousand five hundred dollars debt and ninety-one dollars and fifty cents damage,-the largest verdict or judgment yet found in the county to that date. State vs. R. W. Waring,—another suit that grew out of the quarrel heretfore alluded to ; and in this Waring, as county clerk, was charged with extorting illegal fees; Thomas Morris witness for the State. The jury returned a verdict f not guilty. Court, after a five days' session, adjourned. May term, 1806 ; same judges and officers as before. Grand jury, Gen, William Lytle (foreman), John Donham, John Miller, Abner Fagin, Nathan Morgan, David Smith, John Colther, Jr., Shadrach Tribble, Robert Dickey, John Irwin, Sr., Christopher Hartman, Ephraim McAdams, Jacob Ulrey, Alexander Buchanan, and Henry Cuppy. Court sat three days. September term, 1806 ; same judges and officials as before. Grand jury : Jasper Shotwell (foreman), John Harmon, John Hunter, Mathew Boner, Hugh McClain, Daniel Feagan, Jr., James Kain, Samuel Lakin, Joseph Jackson, Joseph Lakin, James Loughlin, James Johnson, Henry Cuppy, Ramoth Bunton, and John J. Thomas. John Miller was admitted to practice as an attorney on producing his license. The Will of William Buchanan was admitted to record ; proved by Isaac Fee and John Dawson ; James Buchanan executor, and Adam Fisher, Thomas Jones, and David Colclazier as appraisers. Archibald Huden, indicted for larceny, was tried by the following jury : John Wharton, Samuel Stiers, John Shotwell, Ezekiel Dimmitt, Thomas Jones, Jr., Daniel Evans, Isaac Manning, John White, Abram Sells, John Nott, James Loughlin, and John J. Thomas. John Casse *was attorney for the State, and Huden was found guilty, but a new trial granted. W. S. Jump was appointed administrator of William Wiley, and gave bond in two hundred dollars, with John Spumes and John 'Wharton as securities, and Joseph Wells, Joseph McKibben, and Stephen Bolander were the appraisers. Arthur St. Clair allowed twenty-seven dollars for prosecuting this term. Court sat three days. 110 - HISTORY OF CLERMONT COUNTY, OHIO. January term, 1807; same judges and officials as at last terni. Grand jury to wit : John Boude (foreman), John Irwin, Sr., Isaac 'Watson, William Dixon, John Aldridge, Nathan Manning, James Patterson, Philip Means, Robert Dickey, John Colthar, Sr., Jasper Shotwell, William Abercrombie, John Trout, Henry Cuppy, and Theodore Malott. The case of James Smith, assignee, vs. Robert Higgins was tried before the following jury : Samuel B. Kyle, Isaac Higbee, Alexander MeBeath, Daniel Malott, Henry Zumott, William White, Lewis Speak, Joseph Lakin, Robert Leeds, William Hartman, John Trout, William Abercrombie. Witnesses for plaintiff, R. W. Waring and Arthur St. Clair ; for defendant, William Higgins. Jury gave plaintiff a verdict of seventy-five dollars and eighty-seven cents damages ; motion in arrest of judgment overruled. Mordecai S. Ford, indicted for an assault on William Fee, pleaded guilty, and was fined twelve dollars and costs ; which must have been an aggravated case, as the court was generally very charitable in these fines. George Kerns and Emanuel Shrofe, indicted for an affray, pleaded guilty, and were fined two dollars each and costs. Peter Hardin got license to keep tavern at his house, where James Davidson now lives, between Batavia and Williamsburgh, and Christopher Hartman to keep one at his house, now in territory of Jackson, then Williamsburgh township. Court in session two days. The minutes of the Common Picas Court for remainder of 1807, for all of 1808 and 1809, and to December term, 1810, cannot be found. What proceedings we have given in this chapter are not of record in the clerk's office, but have been gathered from various sources, and especially from the manuscripts of the late Hon. R. W. Clarke. From 1810 our court records are preserved in regular form, and the files of court are perfect, We shall not, therefore, burden our readers with matters duly of record relating to judicial minutiae, but the papers from which we have so far been gleaning are perishing, and we have therefore almost literally transcribed them, that the substance may be preserved. It is a matter of great interest to the old families of the county who were planted here sixty, seventy, or eighty years ago to see in these records the familiar names of their relatives and acquaintances who were active in the business of life in those early times, and we have preserved everything we could find that seemed to have an interest worthy of preservation. We have spread out names that occur in matters of small moment ; but follow them along the road of life, and you will see them afterwards occupying high positions. Jacob Burnet and John McLean were admitted attorneys at our bar, then a very slim affair, and practicing before a justice's Quarter Session Court for small fees, and few at that. One of them became a supreme judge of the State and senator in Congress, and the other a representative in Congress, postmaster-general, and finally a supreme judge of the United States ; and both achieved national reputations as distinguished jurists and eminent law-writers. The partial minutes of two or three more terms of Common Pleas Court have been found, one beginning Feb. 21, 1809, with same judges as before, and same officers save John Morris, in place of John Wood, as associate. The following was the grand jury : Valentine McDonald (foreman), Thomas Patterson, Israel Joslin, Thomas Cade, Andrew McGrew, Daniel Feagans, Comelius McCollum, Henry Zumalt, Jasper Shotwell, Houton Clarke, Isaac Higbee, Jacob Ulrey, Andrew Harry, Edward Hall, and James Loughlin. Levi Rogers, sheriff, resigned June 21, 1809, and Allen Wood, the coroner, succeeded to his place. Levi Rogers was appointed prosecutor for ensuing October term, at which Rev. Peter Hastings produced his certificate as a Methodist preacher, and was authorized to solemnize marriages, also Rev. George C. Light ; and Levi Rogers was allowed twenty-five dollars for prosecuting at this term. April term, 1810, began April 3d, with Hon, John Thompson as president judge, and Philip Gatch, Ambrose Ranson, and John Morris, associate judges ; R. W. Waring, clerk ; Oliver Lindsey, sheriff; and Levi Rogers, prosecuting attorney. On May 18, 1810, a called court was held by Associate Judges Philip Gatch, Joseph Campbell, and Alexander Blair. David C. Bryan is noticed as counsel for one William Thomas, charged with horse-stealing. The trial came off at following August term, and he was found guilty and sentenced as follows : " That the said William Thomas, at seven o'clock to-morrow morning, receive seventy-five stripes on his naked back, pay a fine of five hundred dollars and costs of prosecution, and be imprisoned twenty days in the jail." Rev. William O'Boler at this term, being a Baptist preacher with proper credentials, was authorized to solemnize marriage. PRESIDENT AND COMMON PLEAS JUDGES. Hon. Francis Dunlavy, who served on the Clermont circuit from 1803 to 1810, was born in Virginia in 1761, and when ten years of age his father's family removed to Pennsylvania. At the early age of fourleen years he served in a campaign against the Indians, and continued mostly in this service until the close of the Revolutionary war. He assisted in building Fort McIntosh, about the year 1777, and was afterwards in the disastrous defeats of Crawford, from whence, with two others, he made his way alone through the woods, without provisions, to Pittsburgh. In 1791 he removed to Columbia, and in 1797 to near Lebanon, where he died, in 1839. ' By great perseverance he acquired a good education, mainly without instructors, and part of the time taught school and surveyed land until the year 1800. He was returned as a member from Hamilton County of the convention that formed the State constitution, and also a member of the first Legislature, in 1803, and at the first organization of the judiciary was elected presiding judge of the First Circuit. He held this place for one term of seven years, and an additional term for seven more on adjoining circuit, and, though the latter embraced ten counties, he never missed a court, frequently swimming his horse over the Miamis rather than fail being present. On leaving the bench he practiced at the bar fifteen years, and then rementired to his books and study. Hon. John Thompson occupied the bench from 1810 to 1817, and this circuit was the Fourth, and included JUDICIAL HISTORY - 111 the counties of Clermont, Pickaway, Franklin, Madison, Fayette, Highland, Adams, Scioto, Gallia, and Ross. Judge Thompson was from Fayette County, and was a strong- minded, philanthropic man, of great powers of memory, and a most useful member of society. He subsequently, in 1825 to 1827 and from 1829 to 1837, was a member of Congress. In 1816 this county was attached to the First Circuit of Hamilton, Warren, Butler, Preble, Miami, Darke, and Montgomery Counties, and Hon. Orvis Parish occupied the bench for one year. He was a prompt, methodical man, of great intellectual and legal acumen, and quick in the dispatch of business. In 1817, Hon. Joseph H. Crane, of Butler County, presided, and the court journals show him to have been a painstaking jurist and zealous in his duties. In 1818 this county was put into the Seventh Circuit, along with Brown, Warren, Butler, and Hamilton, and Hon. Joshua Collet was on the bench for two years. He was judicial in his character all over, a man of nerve and decisive action, was afterwards a distinguished Supreme judge for several years, and was a Presidential elector in the years 1836 and 1840. From 1820 to 1822, Hon, George P. Torrence, of Cincinnati, presided with a courtly grace and dignity unequaled, his imposing presence lending charm to his decisioUs. He was a Presidential elector in 1836. From 1821 to 1826—the first two years the terms were held in Batavia at the old stone Methodist meeting-house--Judge Joshua Collet again was on the bench. In 1826 the dignified and popular George P. Torrence again ascended the woolsack and sat as judge for the seven following years, and many of Clermont's older people remember with pride his pleasant stories at the hotel when court had adjourned, and his apt way of making and retaining friends. In 1833, John M. Goodenow presided.—a clear-headed jurist from Cincinnati, to which place he had moved some two years previous from Jefferson County. Judge Goodenow's career was a checkered one of some vexation till about this time, but honorable as far as he was himself concerned. He had come originally from Massachusetts, and settled in the town of Steubenville, where, shortly after his arrival, he was admitted to the bar, appointed prosecuting attorney, and in 1828 was elected to Congress, but resigned April 14, 1830, and moved to Cincinnati, and was a Presidential elector in 1832. For fifteen years there had been a personal warfare between him and Judge Benjamin Tappan, then of the Jefferson Common Pleas, and United States senator from 1839 to 1845, or rather a bitter persecution on the part of Judge Tappan against Goodenow, whom he had indirectly accused of leaving New England in a dishonorable manner, and of changing his name on his arrival in Ohio. Long and tedious litigation ensued, but the courts sustained Goodenow, whose character came out unscathed ; and his triumphant election to Congress showed that the people stood by him. Yet, to get away from the sight of Judge Tappan, whom he regarded as a fiend incarnate, he came to this part of the Slate, He made a splendid judge, and for many years was a leading attorney and one of the best advocates in Hamilton County. This circuit now included Brown, Clermont, and Hamilton, and in 1834 came, as presiding judge, Hon. John W. Price, who remained on the bench till 1841. He was a tall, portly gentleman, well versed in law and much given to wit and poetry ; of which last he had read a great deal, and had composed many sonnets still well remembered for their beauty and elegant rhythm. From 1841 to 1848 one of Clermont's own most distinguished lawyers and best-known citizens, Owen T. Fishback, was on the bench. He was born Aug. 29, 1791, in Fanquier Co., Va., and emigrated to Kentucky when but a boy. There he read law with the Hon. Martin Marshal, and, coining to Clermont, was admitted to the bar at a term of the Supreme Court held at Williamsburgh in 1815, and presided over by Judges William W. Irwin and Ethan Allen. He represented the county in the Legislature as senator in 1823 and 1824, and representative in 1826, and was prosecuting attorney from 1825 to 1833. He died on March 23, 1865, after an active practice of fifty years, in which he was excelled in ability and honor by no lawyer at this bar, He reared a large family of sons and daughters, and the former have achieved a national reputation in the legal and newspaper world for their brilliant abilities and successes, and the latter are celebrated for their varied accomplishments in the social and domestic circles. Judge George Collings, of Adams County, was in office from 1848 to 1851, when he resigned on account of ill health. He was a solid lawyer, of clear judgment, and, like his predecessor, Fishback. a man of the old school, and upon whose good sense and penetrating discernment reliance could always be firmly placed. In 1851, to fill the vacancy left by the resignation of Collings, Judge Shepard F. Norris was appointed. He was born April 8, 1814, in Epping, Rockingham Co., N. H., but moved, when a young man, to West Union, where he read law. lIe was admitted to the bar at Georgetown, and began practicing in Adams County, of which he was elected prosecuting attorney. He afterwards located in Batavia ; was a representative in the General Assembly in the years 1847 and 1818, and a member of the convention that formed the new constitution, in 1851. He was elected the first Common Pleas judge of this first subdivision of the Fifth Judicial District for Clermont, Adams, and Brown Counties in 1851, and re-elected in 1856, thus serving two full terms of five years each, and part of a year in 1851 as ,presiding judge. He died on Aug. 23, 1862, universally lamented and mourned, especially by the legal profession. He had been a candidate for Supreme judge in 1854, but was defeated at the election by Judge Joseph R. Swan, of Columbus (the same year Judge Norris' party in the State was overwhelmed in the " Know-Nothing" and Kansas- Nebraska movement), Judge Norris had an active, quick perception and a legal mind well stored in rich treasures, and his decease at the comparatively young age of forty- eight years was a serious blow to the county. Judge Thomas Q. Ashburn was on the bench from 1861 to 1876, having been three times elected for terms of five years each, but resigned in February of 1876 to accept the position of a still higher judicial honor,—a member of the Supreme Court commission, to which he was appointed by 112 - HISTORY OF CLERMONT COUNTY, OHIO. the then Governor Rutherford B. Hayes, and which place he filled with the greatest credit to himself and to the perfect satisfaction of the bar of Ohio till 1879, when the commission expired by constitutional provisions. Judge Ashburn is one of the ablest jurists in Ohio, and a gentleman deservedly popular. He was born near New Richmond, of which town his grandfather was one of the founders and original proprietors ; was admitted to the bar at Batavia on April 1, 1843, rapidly rose to a large practice, and in 1849 and 1851 was elected prosecuting attorney of the county. In 1875 he was the Democratic candidate for Supreme judge, but was defeated at the election by a small majority, nevertheless leading his ticket by several thousand votes. From February to October, 1876, Thomas M. Lewis was judge, and presided with great credit and to the satisfaction of the bar, to which he was admitted on April 2, 1842. He was appointed by Governor Hayes to serve till the October election. Judge Lewl was from 1846 to 1851 deputy county clerk ; went into the Rebellion as captain of the Batavia company in the Fifty-ninth Ohio Regiment, and made a brave and honorable war record. He is a splendid lawyer and a most social gentleman of the highest sense of honor, and, being an old bachelor, has boarded at the Hamilton Hotel for over thirty-five years. Judge Allen T. Cowen was elected at the October election of 1876 to serve tilt February succeeding to fill out the unexpired term of Judge Ashburn, resigned. He is the sou of Michael Cowen, sheriff of the county from-1841 to 1845 ; graduated at Delaware University and Cincinnati Law College, and was admitted to the bar in Cincinnati in 1858. He served four and a half years as prosecuting attorney,--six months in 1858, by appointment, to fill vacancy created by Charles II. Collins' resignation, and was elected in 1858 for two years and re-elected in 1862 for another term. He lived at Milford and built up .a large and lucrative law practice in the county, and in 1866 was elected Probate judge, and in 1869 re-elected for another three-years' term. He is a deep student, close reasoner, of logical mind and well schooled and read in ancient and modern literature. He grasps the points in a knotty case with great quickness, and announces his decisions in a way understood by all, and in a style dignified and courteous. In 1871, Judge David Tarbell, of Georgetown, who had been prosecuting attorney and Probate judge of -Brown County for two terms in each office, was elected in pursuance of an act of the Legislature creating an additional judge for this subdivision. He is a very popular gentleman, an able lawyer, and has given general satisfaction on the bench. In 1876, the additional judgeship of five years having expired by limitation, Judge Tarbell was elected for the regular judgeship, then being filled by Judges Lewis and Cowen, to the end of the regular term for which Judge Ashburn was originally elected in 1871. Judge Tarbell's term will expire in February, 1882. The Legislature, in the spring of 1877, having created another additional judgeship for this subdivision, Judge Allen T. Cowen was elected, in October, 1877, to fill it for five years, and his term will end in February, 1883. ASSOCIATE JUDGES. 1803.-Philip Gate', Miami township, seven years. Ambrose Ranson, Miami township, seven years. John Wood, Washington township, tive years. 1808.-John Morris, Tate township, two years. 1810.-Philip Gatch, Miami township, seven years. Alexander Blair, Williamsburgh township, seven years. Joseph Campbell, Pleasant township, seven years. 1817.-Philip Gatch, Miami township, seven years. Alexander Blair, Williamsburgh township, seven years. Joseph Campbell, Pleasant township, one year. 1818.-John Morris, Tate township, six years. 1824.-John Pollock, Miami township, seven years. John Beatty, Goshen township, seven years. Alexander Blair, Batavia township, seven years. 1831.-Israel Whitaker, Batavia township, seven years. Robert Haines, Ohio township, six years. Andrew Foote, Batavia township, one year. 1832.-John Emery, Miami township, five years. 1837.-Samuel Hill, Stonelick township, seven years. George McMahan, Union township, seven years. 1838.-Elijah Larkin, Washington township, seven years. 1844.-Thomas Sheldon, Tate township, seven years. John Beatty, Goshen township, seven years. 1845.-Elijah Larkin, Washington township, six years. 1851.-Jonathan Johnson, Batavia township, one year. John Buchanan, Washington township, one year. SUPREME COURT JUDGES. The first records of the Supreme Court bear date 1810, and from that period till 1852, when the provisions of the new constitution went into effect, a term of this court was held every year in the county. From 1803 till 1810 the judges of the Supreme Court were Samuel Huntington, Return Jonathan Meigs. William Sprigg, George Todd, and Daniel Symmes, The following judges held court in Clermont in the years prefixed to their names: 1812.-William W. Irwin, Ethan Allen Brown. 1813-14.-- Thomas Scott (C. J.) and Irwin and Brown. 1815.-William W. Irwin, Ethan Allen Brown. 1816.-Calvin Pease, Joseph N. Couch. 1817.-John MoLcan, Ethan Allen Brown. 1818.-Calvin Pease, Joseph N. Couch. 1819.-Calvin Pease (C. J.), John McLean. 1820.-Joseph N. Couch, John McLean. 1821.-Calvin Pease (C. J.), Joseph N. Conch. 1822.-Jacob Burnet, John McLean. 1823.-Jacob Burnet, Peter Hitchcock. 1824.-Charles R. Sherman, Peter Hitchcock. 1825.-Calvin Pease (C. J.), Jacob Burnet. 1826.-Jacob Burnet, Peter Hitchcock. 1827.-Charles R. Sherman, Jacob Burnet. 1828.-Jacob Burnet, Peter Hilchcock. 1829.-Calvin Pease (C. J.), Charles R. Sherman. 1830.-Joshua Collet, Henry Brush. 1831.-Peter Hitchcock (C. J.), Ebenezer Lane. 1832.-John C. Wright, Joshua Collet. 1833.-Joshua Collet (C. J.), Ebenezer Lane. 1834.-Joshua Collet (C. J.), John C. Wright. 1835.-Joshua Collet (C. J.), Ebenezer Lane. 1836. -Reuben Wood, Peter Hitchcock. 1837.-Ebenezer Lane (C. J.), Peter Hitchcock. 1838.-Reuben Wood, Frederick (Hoak̊. 1839-40.-Ebenezer Lane, Peter Hitchcock. 1841.-Frederick Grimke, Peter Hitchcock. 1842.-Reuben Wood, Ebenezer Lane. 1843.-Reuben Wood, Matthew Birchard. 1844.-Ebenezer Lane, Nathaniel C. Read. 1845.-Reuben Wood, Matthew Birchard. 1846.-Matthew Birchard, Nalhaniel C. Read. 1847-48.-Nathaniel C. Read, Edward Avery. 1849.-Edward Avery, Rufus P. Spalding. JUDICIAL HISTORY. - 113 1850.-William B. Caldwell, Edward Avery. 1851.-Rufus P. Spalding, Rufus P. Rainey. DISTRICT COURT JUDGES. The constitution of 1851 provided for District Courts to be held at least one term every year in each county by three judges,-either Ccmmon Pleas or Supreme,-but since 1871 the dockets of the Supreme judges have not permitted them to attend these courts, which to that time, from 1852, were generally composed of one Supreme and one Common Pleas judge. The first District Court convened in this county on May 3, 1852. The following is the list of judges to 1879 : 1852.-A. G. Thurman (S. J.), J. L. Green, S. F. Norris. 1853.-W. B. Caldwell (S. J.), J. L. Bates, S. F. Norris. 1854-56.-J. L. Green, J. L. Bates, S. F. Norris. 1857.-Milton Sutliff (S. J.), James Sloane, S. F. Norris. 1858.-Milton Sutliff (S. J.), A. S. Dickey, S. F. Norris. 1859.-R. M. Briggs, J. L. Bales, S. F. Norris. 1860.-W. V. Peck (S. J.), A. S. Dickey, J. L. Bates. 1861.--Josiah Scott (S. J.), A. S. Dickey, J. L. Bales. 1862.--Jacob Brinkerhoff (S. J.), A. S. Dickey, J. L. Bates. 1863.-W. V. Peck (S. J.), T. Q. Ashburn, A. S. Dickey. 1864.-Horace Wilder (S. J.), T. Q. Ashburn, A. S. Dickey. 1865.-J. L. Bates, A. S. Dickey, T. Q. Ashburn. 1866.--Wm. White (S. J.), J. L. Bates, T. Q. Ashburn. 1867.-T. Q. Ashburn, A. S. Dickey, J. L. Green. 1868.-Joseph Olds, T. Q. Ashburn, A. S. Dickey. 1869.-J. Brinkerhoff (S. J.), W. H. Safford, Joseph Olds. 1870.-W. H. Safford, Joseph Olds, A. S. Dickey. 1871.-D. Tarbell, Joseph Olds, John Welsh (S. J.). 1872.-S. F. Steele, T. Q. Ashburn, J. Olds, W. H. Safford. 1873.--E. F. Bingham, W. H. Safford, T. Q. Ashburn. 1874.-T. Q. Ashburn, E. F. Bingham, S. F. Steele. 1875.-J. L. Green, S. F. Steele, E. F. Bingham. 1876.-J. M. Vanmeter, S. W. Courtwright, S. F. Steele. 1877.-David Tarbell, S. F. Steele, T. A. Minshall. 1878.-A. T. Cowen, E. F. Bingham, T. A. Minshall. 1879.-E. P. Evans, S. F. Steele, T. A. Minshall. PROBATE JUDGES. The Probate Court was established by the constitution of Ohio passed March 10, 1851, and adopted by the people on the third Tuesday of June succeeding, and the first judge elected in the following October. The following gives the names of those who served, with date of election, residence, and term of service : 1851.-George S. Lee, Batavia township, three years. 1854.-George L. Swing, Tate township, three years. 1857-60.-Samuel F. Downey, Franklin township, six years. 1863.-George W. Hulick, Batavia township, three years. 1866-69.-Allen T. Cowen, Miami township, six years. 1872-75.-Jamee S. Brunaugh, Batavia township, six years. 1878.-Perry J. Nichols, Ohio township, three years. CLERKS. The prothonotary was the official-established and recognized under the territorial government by acts of years 1792 and 1799,-who attested all writs and processes of the courts with his signature, and kept their minutes, journals, or proceedings, and this offrcer was borrowed from the Pennsylvania system, where to this date the clerk of the court is termed a prothonotary. Under the State regime, adopted in 1803, this officer was henceforth called a clerk. The following are the officers from 1801 to the year 1881 : 1800.-William Lytle, Williamsburgh township, two years and six months. 1803.-Roger W. Waring, Williamsburgh township, seven years. 1810-17.-David C. Bryan, Williamsburgh township, fourteen years. 1824.-David C. Bryan, Batavia township, four years. 1828.-Melanethon A. Bryan, Batavia township, three years. 1831-39.- Jonathan D. Morris, Tate township, fifteen years. 1846.-Reader W. Clarke, Batavia township, five years. 1851.-John S. Griffith, Tate township, three years. 1854.-John M. McGrew, Batavia township, three years. 1857.-John S. Griffith, Tate township, three years. 1860.-Elijah G. Penn, Pierce township, three years. 1863.-Augustus M. Sinks, Tate township, three years. 1866.-John S. Stiles, Goshen township, two years and three months. 1869.-William B. Applegate, Goshen township, six months. 1869-72.-William Mansfield, Pierce township, six years and three months. 1875.-John S. Parrott, Franklin township, three years. 1878.-Henry B. Mattox, Batavia township, three years. The prothonotary, Gen. William Lytle, was appointed by the Common Pleas Court of justices to serve at their pleasure and will ; then the clerks were appointed after and in 1803 by the Common Pleas Court for a period of seven years ; and in and after 1851 they were made elective by the new constitution of that year, and for the terms of three years. On the death of John S. Stiles, in 1869, William B. Applegate was appointed by the county commissioners and served till the October election, when was elected William Mansfield, and his term was lengthened three months, so as to expire in February three years ensuing, with the terms of other county clerks throughout the Slate. SHERIFFS. Under the early territorial government the sheriffs-the oldest local officers known to English laws-were appointed by the Governor, but the constitution of 1802 specially recognized this office and that of coroner, and made both elective, as did also that adopted in 1851 ; and under both these organic instruments the terms were designated as two years. The following is the list : 1800.-William Perry, Williamsburgh township, ono year. 1801.-Peter Light, Williamsburgh township, one year. 1802.-John Boude, Pleasant township, two years. 1801.-Joseph Jackson, Washington township, six months. 1805.-Daniel Kain, Williamsburgh township, six months. 1805-7.-Levi Rogers, Williamsburgh township, three years and six months. 1809.-Allen Wood, Pleasant township, six months. 1809-11.-Oliver Lindsey, Williamsburgh township, four years. 1813.-George Ely, Williamsburgh township, two years. 1815-17.-Oliver Lindsey, Williamsburgh township, four years. 1819-21.-Holly Raper, Williamsburgh township, four years. 1823,-Daniel Hankins, Williamsburgh township, one year and six months. 1825,-Robert Tweed, Williamsburgh township, six months. 1825-27.-Holly Raper, Williamsburgh township, four years. 1829-31.-William Curry, Washington township, four years. 1833-35.-William Thomas, Union township, four years. 1837-39.--Edward Frazier, Tate township, four years. 1841-43.-Michael Cowen, Batavia township, four years. 1845-47.-Samuel M. Walraven, Ohio township, four years. 1849-51.-Joseph Kyle, Union township, four years. 1853.-George W. Richards, Franklin township, two years. 1855-57.-William W. Perkins, Franklin township, four years. 1859,-Nicholas Gatch, Union township, two years. 1861.-James Crosson, Wayne township, two years. 1863.-James W. Hill, Tate township, two years. 1865.-James Crosson, Wayne township, two years. 1867-69.-William H. Piekelheimer, Wayne township, four years. 1871.-John R. Woodlief, Miami township, two years. 1873-75.-Stephen Cramer, Franklin township, four years. 1877-79.-Lemuel Teasdale, Batavia township, four years. 114 - HISTORY OF CLERMONT COUNTY, OHIO. PROSECUTING ATTORNEYS. The first law on this office made the Supreme Court appoint a prosecutor (act of April 13, 1803), but the statute of Feb. 21, 1805, made the Common Pleas Court appoint, and under both, as well as the law of Dec. 29, 1825, these appointments continued at the pleasure of the court so appointing. The act of Jan. 29, 1833, made this office elective by the people every two years. Below are shown the incumbents : 1803.—Joshua Collet, Williamsburgh township, one year. 1804.—Martin Marshal, Williamsburgh township, three months. 1804.—Aaron Goforth, Williamsburgh township, three months. 1804—Joshua Collet, Williamsburgh township, three months. 1805.—Arthur St. Clair, Williamsburgh township, two years. 1807.—David C. Bryan, Williamsburgh township, two years. 1809.—Joshua Collet, Williamsburgh township, three months. 1809.—Levi Rogers, Williamsburgh township, nine months. 1810.—David Morris, Williamsburgh township, one year. 1811.—Thomas S. Foote, Williamsburgh Township, fourteen years. 1825.—Owen T. Fishhook, Batavia township, eight years. 1833-35 - Jolliffee, Batavia township, four years. 1837.—George S. Lee, Batavia township, two years. 1839.—John Jolliffe, Batavia township, two years. 1841-43.—Dennis Smith, Stonelick township, four years. 1845.—William Howard, Batavia township, two years. 1847.—Philip B. Swing, Batavia township, one year. 1848.—William Howard, Batavia township, one year. 1849-54.—Thomas Q. Ashburn, Batavia township, four years. 1853.—John Johnston, Batavia township, two years. 1855.— William P. Fishback, Batavia township, two years. 1857.—Charles 11. Collins, Batavia township, ono year and six months. 1858-60.—Allen T. Cowen, Miami township, four years and six months. 1862.—William Arthur, Union township, two years. 1864.—Joseph Tritt, Ohio township, two years. 1866-68.—James S. Brunaugh, Pierce township, four years. 1870-72.—Thomas A. Griffith, Batavia township, four years. 1874-76.—Frank Davis, Ohio township, four years. 1878.—John J. Howard, Batavia township, two years. NOTABLE TRIALS. Among the many important cases recorded in the legal history of the county, there are large numbers of causes celebres in land litigation growing out of the deficiencies and errors in the early surveys, the encroachments of one patent on another, and the disputes as to boundary-lines, so common where the grants of' government lands were faulty in measurement. In early pioneer days the criminal exceeded the civil business on the court dockets, and after a while the crimes of counterfeiting and horse-stealing attracted the serious consideration of the people and the close attention of the officers of justice. No judicial hanging has ever taken place in the county, owing, in a great measure, to the leniency of its petit juries, but several persons have been sentenced to the State's prison for life. The purity and honesty of the judiciary of the county have never been questioned, and the temples of justice never defiled or corrupted by bribery and dishonor either in the courts, juries, or attendant officials, so far as is known, in the administration and execution of the law. In 1812 one Benjamin Hess settled on the headwaters or springs of Bear Creek, in Washington township, where he had bought Alexander Parkersis survey, No. 834, of seven hundred acres of land. Hess had a large family, mostly of comely daughters, and his house for a number of years was the resort of the neighbors for miles around; and he entertained in splendid social style in those primitive times his friends and townsmen who dropped in to discuss the news and partake of his hospitality. These were the honest days of' Hess, and before the tempter came in the guise of making money easier and quicker by buying, selling, and passing counterfeit money. The mutterings of the people finally aroused the officers of the law, who had been for years cognizant of the fact that Hess, at his home and also at a branch rendezvous near Hamersville, in Brown County, was dealing in spurious coin and "shoving the queer. 1831 he was arrested and indicted with one Hoyt for passing counterfeit money, but this indictment was nollied for want of sufficient evidence to cover it. But he was tried at the July term on an indictment (in which Hoyt was joined) upon five separate counts, three of which we give : First, for felonieusly selling and delivering to one Steele a counterfeit bank-note purporting to be a cheek from the Bank of the United States branch at Cincinnati upon the Bank of the United States, signed J. Reynolds, president., and P. Benson, cashier, for five dollars, and payable to order, knowing it to be counterfeit ; second, for feloniously selling and deliver, ing to said Steele a counterfeit note purporting to be a twenty-dollar note, issued by the United States Bank, payable to order, and signed by H. Biddle, president, and W. McIlvaine, cashier, knowing it to be counterfeit; and, third, for having in his possession, for the purpose of selling, etc., divers counterfeit notes,—viz., two twenties on the United States Bank and a five-dollar check,---knowing them to be counterfeit. Hess was tried by himself, and Hoyt made a witness for him. Judge Torrence presided, O, T. Fishback appeared for the State as prosecutor, and the defendant was most ably represented by Gen. Thomas L. Hamer and Senator Thomas Morris. The jury--composed of John Dunlap, John Crawford, Stephen B. Cleveland, Samuel Hayford, John Williams, James B. Johnston, James Leeds, John Emery, Andrew Pinkham, Reuben Crossley, Robert McFarland, and Beulah Riggs—found the prisoner guilty on the first, third, and fifth counts, and thereupon the court sentenced Hess to confinement in the penitentiary for three years,—the shortest time then known to the law. Mr. Gano, teller of the Cincinnati branch of the United States Bank, swore to the counterfeit character of the twenty- dollar notes, and although he had never seen the president or cashier of the bank (located in Philadelphia) write, he was familiar with their handwriting from the letters, notes, etc., received in the branch bank as genuine; and he further testified to the spuriousness of the five-dollar note. It was shown in testimony that while the prisoner was in jail after his arrest there was found in an auger-hole bored in a log of a house within a few feet of defendant's dwelling two bank-bills prover to be counterfeit ; and further, that after Hess' arrest—the night succeeding—there was taken from the hands of his wife a purse which she said belonged to her little boy, which contained sixty dollars of counterfeit bank-paper. The prisoner's counsel took exceptions to the presiding judge's rulings on the admission of evidence, but the Supreme Court refused to find error, and Hess went to the penitentiary and served out the full JUDICIAL HISTORY. - 115 period of his sentence, then went West, where he was followed by his family ; and thus this unlawful business was uprooted and destroyed forever in the southern part of the county. This trial settled two great points of law in Ohio, —that persons skilled in a knowledge of handwritings are competent to testify concerning them, although they never saw the parties write, and that an indictment for having counterfeit bank-notes in possession, and for making sale of them, need not charge that the sale was for a consideration or to the injury of anyone, or that the notes were indorsed.   On August 23, 1859, Jonathan Palmer, an attorney in Felicity, cut one James Hayden with a knife on his left breast to the depth of ten inches, causing instant death. He was arrested, and by the examining justices of the peace committed without bail to jail for murder in the first degree. Palmer's counsel, on a writ of habeas corpus, had him brought before the Probate judge, Hon. Samuel F. Dowdney, who held a preliminary investigation and reduced the charge to murder in the second degree and admitted defendant to bail. Palmer was indicted for manslaughter, aUd his first trial, at the November term of 1860, resulted in his convictiop ; bat Judge S. F. Norris granted a new trial, which took place at the February term of 1861, before the following jury, to wit : Joseph Kyle, John M. King, Lorenzo D. Orr, Jesse Smith, Isaac Starks, Cyrus Temple, Theodore Hill, David Atchley, Henry Moyer, William C. South, and George Troy; they acquitted the prisoner. The prosecution was most ably conducted by the prosecuting attorney, Allen T. Cowen, assisted by Judge Thomas Q. Ashburn, while the defense was represented by Philip B. Swing and Cols. John G. Marshal and D. W. C. Loudon, of Georgetown. No murder case in the county, from the various circumstances and associations surrounding it, ever excited so much interest in the courts, and in and about Felicity nothing for a year was hardly talked of but this murder, and the people were greatly divided in their sentiments. Hayden had had a brother killed in California years before, and it was claimed that Palmer was the indirect cause of that, as lre was there and had had some disturbance or trouble with the man killed; while, on the other hand, Palmer's friends asserted that lie was innocent ofsi the first Hayden's death, and killed the second in pure self-defense. Palmer was afterwards the reputed cause of John R. Tennyson killing his wife, about the year 1866, near Felicity : Tennyson had found Palmer in a tobacco-barn in alleged improper relations with his spouse. Palmer removed to Indiana after this and died, and report says that before his earthly pilgrimage terminated he quit the evil habits that gave hire such a mal-odorous name here, and became a zealous and consistent member of the church.  In the first part of December, 1870, Nicholas Fitzmaster, a widower with quite a family of children, lived on the Deerfield road, about one mile from Williamsburgh, and there kept a small grocery with a beer-saloon. With him as a domestic, doing the washing and kitchen and other household work, one Ann O'Neal came nearly every week and remained days at a time. She was the wife of John O'Neal, but also the undivorced wife of another man, by the name of Crawford, to whom she had been years ago married in Highland County. O'Neal, who was a quarrelsome man when in liquor, to the drinking of which he was much addicted, resented the act of his wife,—or, in the eyes of the law, his mistress,—who had separated from him for some trouble between them, going to Fitzmaster's house to work. O’Neal often threatened to put him out of the way, and at the time designated waylaid and shot him one night on Fitzmaster's return from Batavia, just as the murdered man was reaching his doomed home. Tried at the February term, 1872, on an indictment for murder in first degree, the jury found him guilty in the second degree, and be was sentenced to prison for life, but was pardoned out of the penitentiary some three years ago. The prosecution was made by Prosecutor Thomas A. Griffith, with :I. S. Brunaugh as assistant, and the prisoner was defended by Philip B. Swing, J. S. Griffith, and W. A. Townsley, with Judge Ashburn on the bench. On the 31st of October, 1866, the public was shocked by the murder, in Georgetown, of Adam Rose, the venerable janitor of the county buildings of Brown County, and the attempt to rob the county treasury there, by Samuel Ruling, John H. Benton, William Carroll, and David Jones, the latter bred in this county. These villains were pursued, captured near Cincinnati, and indicted for murder in the first degree by the Brown County Common Pleas Court, which tried two of' them,—Huling and Benton,— resulting in the conviction of both, the former for murder in first degree and his imprisonment for life, instead of hanging, by intervention of the Governor, and the latter for burglary (to which he pleaded guilty, and for which, owing to the complications of the case, he could only then be tried), and his sentence to a five years' term in the State's prison. Jones and Carroll were granted change of venues to this county to be tried, owing to the general excitement in Brown County and the fact that its people had formed their opinions in the case, and hence it could not furnish an impartial jury. At the November terra of 1867, Carroll had his trial, before Judge Ashburn and the following jury : A. B. Jones, Reuben Burnet, P. S. Jones, Thomas Marshal, Andrew Beagle, G. R. Wageman, Jeremiah Durham, S. D. Davis, J. 0. Kyle, William Walker, William Hammatt, and Solomon Heitman. A verdict of guilty of murder in the second degree was returned, and he received at the hands of the court the merited punishment of a life-sentence in the penitentiary. Jones, at the ensuing March term, was convicted of manslaughter, and received a seven years' term at hard labor in the penitentiary. The State was represented by John W. Bailey and J. S. Brunaugh, prosecuting attorneys, respectively, of Brown and Clermont,' assisted by Patrick McGroarty, and the prisoners by Hon. Chilton A. White. Cola, John G. Marshal and D. W. C. Loudon, and Maj. Thomas M. Lewis. It is a singular illustration of the law's technicalities or irregularities that of four men engaged in a crime, arid all proven equally guilty, one was found guilty of murder in the first degree, one in the second degree, one of manslaughter, and one would have escaped scot-free save by his own pleading guilty to burglary ; all of which resulted by separate trials, before different juries, in different courts and different counties. 116 - HISTORY OF CLERMONT COUNTY, OHIO. In 1859, on November 17th, some forty of the most worthy and respectable ladies of the staid old town of Williamsburgh walked into the then extensive brewery establishment of John Bools and demolished his casks, laid waste his vats, poured out his malt liquors, and upset all his manufacturing apparatus, causing the amber beer to flow away like a river ; and at the following January term of court, after a protracted, tedious, and animated lawsuit, Bools recovered a judgment of four hundred dollars against five of the fair ladies engaged in this temperance escapade. George W. Dennison prosecuted the suit for the plaintiff, and the costs amounted to more than the judgment, but the ladies, though compelled to pay, never regretted their act. Another interesting and very important suit went from Williamsburgh to the highest courts in the State, and in which was involved many knotty law points, growing out of the location of the towns of Ohio. When that town was laid out, in 1795 or 1796, four years previous to the organization of the county, Gen. William Lytle, its propriementor and founder, reserved some five and one-half acres, lying in an oblong shape and surrounded on all sides by streets and lots, and set the same apart, as dedicated and appropriated to the public, to be used for county public buildings ; but when, on Feb. 21, 1824, the county-seat was removed from New Richmond, where it had been not quite a year, to Batavia, the people of Williamsburgh took possession of these public buildings and square and used them for public purposes for many years. Lytle then came in and claimed that this square by the original terms of dedication reverted to him, and it was levied upon as Lytle's realty by one John Monroe, his creditor ; and thereupon the commissioners of the county, who had in 1805 erected thereon a court-house, jail, clerk's and auditor's offices (and towards the construction of which the good people of said Williams- burgh contributed largely in labor, materials, and money), filed a bill in chancery against Lytle and Monroe, claiming that the land belonged to the county by virtue of the original dedication, made for the benefit of the county and the convenience of the citizens of said town, which bill was answered by Monroe and Lytle, and at the May term of the Supreme Court for Clermont County, A.D. 1829, said bill was dismissed at the. instance of the complainants. Then, the title being settled against the county, Lytle conveyed it to the United States Bank, to which institution- he was then largely in debt, and the bank, to realize on its investment, brought an action of ejectment and recovered possession, and finally, on the 16th of February, 1846, for the consideration of four hundred and fifty dollars, sold the same to Sayres Gazley, who then, with Adam Walker, took the entire and exclusive control and possession of said public square, and claimed to hold title to the same and the buildings thereon by virtue of the right derived from Lyle, and by him passed in fee to the bank aforesaid and the grantors to one of them, The corporate authorities of Williamsburgh frled their bill in chancery for an injunction against Gazley and Walker, and for a decree that the title be declared in the town ; and a temporary injunction was allowed by the Clermont County Supreme Court, and the case reserved for final decision to the Supreme Court in bane, which at its December term, with full bench, declared the use ofsi said public square in the town and made the injunction perpetual. Judge S. F. Norris and John W. Lowe were counsel for the complainants, Charles B. Huber, et al,, the trustees of the town, while the defendants were represented by Charles Fox, of Cincinnati, and the then celebrated land-law firm of Shields & Howard. Some six years ago occurred the famous litigation attending the construction of the will of Turpin Daughters, for over sixty years a resident of Neville, and a man well known in the county for his keen business qualities and quaint humor. William S. Gregg, as the administrator de Zonis non of Daughters, brought suit to have decedent's will construed, and was represented by Judge George L. Swing, A. T. Cowen and J. S. Griffith appearing for Mrs. Missouri A. Gregg, claiming as sole heir of R. W, C. Clarke, who was the sole heir of his wife, Mrs, Sallie Turpin Daughters Clarke, the principal legatee under said will. Nichols & Davis, of New Richmond, were counsel for the so-called Daughters legatees, and Hon. Perry J. Donham for the Pollard branch. The whole case was tried before Judge Ashburn, whose decision was final, as no appeal or exceptions were taken, and under it Mrs. George W. Gregg received about forty thousand, and the Daughters legatees nearly sixteen thousand, dollars. The litigation attending the well-known two surveys of Samuel J. Cabell, Nos. 5229 and 5230, of eighteen hundred and thirty-three and one-third acres each, and lying in the counties of Clermont, Clinton, and Brown, and mostly in Wayne township, in the northeast part of Clermont, is worthy of mention here. This large tract of land was patented to said Samuel J. Cabell, hving in Nelson Co., Va., who by his will of June 6, 1818, devised it to his daughter Mildred M., then intermarried with Leven L. Cartwright. On her death her husband, having only his life estate in these lands, bought out all the interests of the heirs and children of his deceased wife in fee except two-fifteenths, which he supposed at the time he was also getting. Just after getting his title perfected he came on to Clermont, subdivided his possessions into a large number of small tracts, and sold them to various parties, many of whom have been in actual possession and occupancy ever since. About a year before the late civil war the heirs, then living in Mississippi, who had never parted with their interests in this land, brought suit in the United States Circuit Court at Cincinnati in a case— .No. 925—wherein J. F. Green et al. were plaintiffs, and Pleasant M. Snell et al., occupants of the lands, were defendants. The Rebellion prevented the progress of the suit, but after the war closed it was again renewed, and in 1873 judgment rendered against the farmers in possession for two-fifteenths of its value, which was fixed by a commission consisting of Maj. S. R. S. West, Hon. James Crosson, and Judge Thomas Sheldon. These occupants were compelled to join together and again pay for four hundred and eighty- eight and eight-ninths acres which they or their predecessors had paid for before, in the years 1833 and 1834, owing to the deficiency of the Cartwright title. Samuel Robb and James Ferguson, having entered into a contract in 1829 to build a bridge over the east fork of the Little Miami River at Batavia, and having, as they claimed, completed the contract, applied to the commis- JUDICIAL HISTORY - 117 sioners of the county in 1830 to accept the bridge and grant orders for the contract price upon the county treasury. The commissioners having examined the bridge, rejected it, in 1831, as not built according to the contract, and refused the orders. From this decision an appeal was taken to the Court of Common Pleas, where the commissioners moved to quash the appeal, which motion was overruled ; and they then moved for a rule upon the claimants to file a declaration, preparatory to making up an issue and a trial to the jury, which was also overruled. The court then proceeded upon the transcript sent up by the commissioners, without issue or other evidence, to give judgment in favor of the claimants for nine hundred and sixty-three dollars and sixty-three cents, the balance of the contract price for erectiUg the bridge, and ordered the commissioners to issue an order in favor of the claimants for said sum upon the county treasury, The case was taken ou certiorari to the April term of the Clermont Supreme Court, held in 1832 by Supreme Judges Joshua Collet and John C. Wright. Thomas Morris and Martin Marshal, attorneys for Robb and Ferguson, moved to dismiss the certiorari for want of jurisdiction in the court, and claimed that the decision of the Common Pleas should be final. On the side of the commissioners, Lawyers Owen T. Fishback and Gen. Thomas L. Hamer insisted on its jurisdiction, and that the Common Pleas Court erred,--first, in refusing the rule on the plaintiffs for a declaration , second, in refusing a jury to try the facts in the case , third, in rendering a judgment without evidence; and fourth, in ordering the commissioners to issue an order on the treasury for the amount adjudged. The court being divided in opinion,-Judge Collet inclining to the opinion that there was no error in the proceedings of the Court of Common Pleas, while Judge Wright thought that the proceedings below were erroneous,—the case was reserved for the court in banc,—a full bench of the Supreme judges, --which reversed the rulings of the Common Pleas, and decided in favor of the commissioners. Thus was the great principle settled that the Supreme Court has jurisdiction, by certiorari or other writ, to enforce the due administration of right and justice throughout the State. " The Kugler-Townsend Will Case" was the largest and most important civil suit ever tried in this county, whether judged by the enormous values involved, the relations and associations of the various litigants, or the peculiar circumstances concerning its whole history. The name of John Kugler was known throughout Southern Ohio, and his history was that of a man who for forty years was the leading business man of the Little Miami Valley, and who carried on at Milford, his. residence, on a gigantic scale, milling, merchandising, manufacturing, distilling, farming, and other connecting business, giving employment directly to hundreds of laborers, and affording a ready market for the varied agricultural productions of the rich surrounding country. In 1842, John Kugler married Rebecca J. E. West, only daughter of the late venerable Rev. Samuel West, and on Jan. 4, 1868, he died intestate, seized of a large estate of real and personal property, situated in this and the county of Hamilton, without leaving issue or descendants of issue, and upon his death the whole of his vast estate, estimated to be then worth half a million of dollars, passed and vested absolutely in his wife-relict. Afterwards, on the 13th day of October, 1869, the testatrix, Mrs. Kugler, was married to Edmund B. Townsend. On the 26th of June, 1871, Mrs. Townsend executed her will and died two days after without issue, and the real estate of which she died seized was the same which she had received from her first husband, John Kugler. The following was her wrll, which gave rise to such an almost interminable litigation, and which is not yet all settled in our courts. " I, Rebecca J. E. Townsend, of the town of Milford, Clermont Co., Ohio, do make and publish the following as my last Will and Testament. First, I give and bequeath to my beloved husband, E. B. Townsend, the sum of fifty thousand dollars ($50,000). Second I give and bequeath to my good, kind, and attentive physician, Dr B. (latch, the sum of five thousand dollars ($5000). Third, I give and bequeath to my brother, Samuel R. S. West, the notes and mortgages given by him to my late husband, John Kugler, deceased, and those given by him to me in my own right. Fourth, I give and bequeath to the children of my nephew, Samuel A. West, and to the children of my niece, Anna M. Lloyd, the sum of one thousand dollars ($1000, to each child. Fifth, I give and bequeath to the children of my niece, Elizabeth D. Gatch, the sum of one thousand dollars ($1000) each. Sixth, I give and bequeath to Josiah Drake the sum of five thousand ($5000) dollars. Seventh, I give and bequeath to my nephews, Samuel A. West and John Kugler West, the sum of five thousand ($5000) dollars each. Eighth, I give and bequeath to my nieces, Rebecca S. West, Anna M. Lloyd, and Harriet C. West, the sum of one thousand ($1000) dollars each. Ninth, I give and bequeath to each one of the children of Sarah Ogg, of Catherine Drake, and Elizabeth Shultz, the sum of one thousand ($10011) dollars to each child. Tenth, I give and bequeath to the children of David Kugler and Mathias Kugler the sum of one thousand ($4000) dollars each, except Mathias Kugler, son of David Kugler, and John Kugler, son of Mathias Kugler, Sen.: to these I give and bequeath the BUM of two thousand tive hundred ($2500) dollars each. Eleventh, I give and bequeath to each child of my niece, Rebecca Julia Frazier, the sum of one thousand ($1000) dollars. Twelfth, I give and bequeath to Joanah Collins the sum of five hundred ($500) dollars. Thirteenth, I give and bequeath to my little namesake, Rebecca Julia West, daughter of Samuel A. West, my piano and jewelry-box, with its contents. Fourteenth, I give and bequeath to Catharine Drake and her daughter, Ada P. Drake, my silver tea-set. Fifteenth, I give and bequeath to my nephew, Samuel A. West, my silver water-pitcher, two silver goblets and waiter, and my china tea-set; the balance of any silver, marked Kugler, I desire to be distributed among the remaining members of the family, as they may amicably devise. Sixteenth, I give and bequeath to my beloved husband, E. B. Townsend, my best bedroom set. Seventeenth, I give and bequeath to the Methodist Episcopal Church at Milford, Clermont Co., Ohio, the sum of six thousand ($6000) dollars, which sum shall be placed at interest by them, and the interest used shall be used by them perpetually in keeping in repair the church building and in paying the salary of the ministers of said church who may be appointed from time to time by the regular constituted authorities of the Methodist Episcopal Church to be the pastors of said charge in Milford, Ohio. Eighteenth, I give and bequeath to the Orphan Asylum at Cincinnati, Ohio, under the charge of the Protestant managers at Mount Auburn, the sum of two thousand ($2000) dollars. Nineteenth, I give and bequeath to the "'Videos Home. at Cincinnati, Ohio, under the charge of managers at Mount Auburn. the sum of two thousand ($2000) dollars. Twentieth, I give and bequeath to the Missionary Society of the Methodist Episcopal Church the sum of six thousand ($6000) dollars, to be placed at interest, and the interest to be used by them perpetually in the missionary work. Twenty-first, I give and bequeath to the Sabbath-school of the Methodist Episcopal Church located in Milford, Ohio, the sum of five hundred ($500) dollars, said sum to be controlled by the Quarterly Conference of said charge, and by it put at interest, and the interest to be by it perpetually used for the benefit of the Sabbath-school. Twenty-second, I give and boqueatl, to the Colored Orphan Asylum located in Cincinnati the sum of one thousand ($1000) dollars Twenty-third, I give and bequeath to Oakland Seminary, located in Hillsboro', High- 118 - HISTORY OF CLERMONT COUNTY, OHIO. land Co., Ohio, the sum of one thousand ($1000) dollars. Twenty- fourth, I give and bequeath to the Cincinnati Annual Conference the sum of five thousand ($5000) dollars, to be under the control of the trustees of said Conference, and by them put at interest, the interest to be perpetually used by them for the relief of superannuated and worn-out ministers and widows and orphans of deceased ministers of said Annual Conference; this to be known as the Kugler Bequest. The balance of my estate shall he equally divided among all the heirs herein named. Twenty-fifth, I hereby nominate and appoint P. E. Swing and Wm. C. Mellen as the executors of this my last Will and Testament, and do hereby revoke all former wills by me made. "In testimony whereof, I have hereunto set my hand and seal this 26th day of June, A.D. 1 871 . "(Signed) "REBECCA J. E. TOWNSEND." { SEAL.} This will was legally and duly witnessed, and was written by Rev. William Runyan, then the popular pastor of the Milford Methodist Church, of which Mrs. Townsend was a consistent member and a devc worshiper. The money legacies above aggregated one hundred and thirty-eight thousand dollars, and were more than the whole value of decedent's personal estate. The executors—Philip B. Swing and William C. Mellen, both able lawyers and honest men, and trusted friends of the testatrix--probated the will on July 5, 1871, and as the legacies could not be paid without the sale of some or all of the real estate, and as there was doubt and dispute as to who would take, after the payment of the legacies, the residue, they, on the 23d of September following, filed their petition in the Clermont Common Pleas Court for a construction of the will and an order to sell the real estate of which the testatrix died seized. Now arose the great legal strife as to this clause,—" The balance of my estate shall be equally divided among all the heirs herein named,"—and as to whom this residuum should be given. It was claimed by her husband-relict, Edmund B. Townsend ; by her collateral blood-relatives, the Wests ; and by the blood-relations of her first husband, the Kuglers. For Mr. Townsend there appeared as counsel ex-United States Senator George E. Pugh, William Disney, Capt. W. A. Townsley, and Maj. Julius A. Penn ; for the Kuglers, Gen. Durbin Ward and Judge James S. Branaugh ; and for the Wests, Maj. S. R. S. West and his children, J. S. and T. A. Griffiths, Capt. Peter F. Swing, and Judge Thomas M. Lewis ; while the various legatees were represented by the firm of King, Thompson & Longworth, of Cincinnati. At the March term of 1872, Judge Ashburn, on the bench, heard the case and granted a decree for the sale of the realty, and decided substantially in favor of the West heirs. The case was then appealed to the District Court, which referred it to the Supreme Court for decision, and there at last the great legal point was finally settled at the December tern; 1874, of the highest State court sitting in Columbus. The Supreme Court excluded the Kuglers from all participation in the residuary gift, and held that the residuum should be divided, share and share alike, among all those persons named in the will who might, under some circumstances, have stood in relation of heirs to the testatrix. It further decided that the real estate must be charged with the payment of the money legacies, and the residuary devisees must take the real estate, subject to their payment, and gave an order for the sale of the lands and tenements to pay aforesaid legacies. The Kuglers were thus cut out, Townsend found entitled to only a small share, and the residuum given to the West branch. But it was a barren victory, for in the great crash and depreciation of the values of lands, the real estate remaining uncultivated, the buildings going to decay, and the costs, fees, and expenses piled up like mountains, this vast, real estate melted away, and nothing ivas left to divide, after paying the legacies, as a balance among the heirs of Mrs. Townsend when the court decided who were the heirs. The estate is yet unsettled, and the courts are filled with cases—almost a score—growing out of this mama oth and princely estate ruined by litigatron. CLERMONT COUNTY JUSTICES OF THE PEACE. The office of magistrate is an ancient one in history, and in this county has been filled by its best citizens. The men who have served as justices have generally been leaders in their respective localities, and distinguished for their good judgment and sense of duty. Up to the year 1804 the magistrates were appointed by the Governor, but since that period they have been elected by the people for a term of three years. Below is a list of the justices, with the years when they were elected or commissioned : 1802.—Philip Glilch, Owen Todd, Richard Allison, Miami ; Wm. Buchanan, Washington; Peter Leight, Jasper Shotwell, Wm. Bunter, Houton Clarke, Williamsburgh; Robert Higgins, Alexander Martin, Pleasant; John Hunter, Ohio. 1803.—George Brown, William Fee, James Sargent, Washington ; Roger W. Waring, Williamsburgh. 1804.—Alexander Martin, Henry Chapman, Bernard Thompson, Pleasant. 1805.—John Pollock, Miami; John Collins, John Morris, Henry Willis, Tate. 1806.—George Brown, James Sargent, William Fee, Washington; Jacob Light, Robert Townsley, John Hunter, Ohio, Silas Hutchinson, John Goat, Miami ; 1saac Higbee, Tate; R. W. Waring, Wm. Hunter, D. C. Bryan, Jasper Shotwell, Williamsburgh. 1807.—W. S. Jump, Washington ; Henry Chapman, Benj. Sharp, Bernard Thompson, Pleasant. 1808.—John Pollock, Miami. 1809.—Henry Willis, Tate; Wm. Hunter, Thomas Cade, R. W. Waring, Daniel Kain, Williamsburgh; George Brown, Joseph Lakin, Washington. 1811.—Andrew Megrue, Miami; Nicholas Prickett, Ohio; W. S. Jump, Washington ; Jacob Shinkle, Charles Knery, Lewis; Henry Chapman, Pleasant ; John Ross, Clark ; Wrn. Christy, Wm. McMahon, Ohio; Wm. Higgins, Pleasant; Joseph Andrews, Miami ; Geo. Eli, Williamsburgh; Wm. White, J. McKinney, Clark. 1812.—John Boggess, Tate; Jacob Light, Ohio; Joseph Lakin, Washington; Stephen Lindsey, Ohio; Enoch Morgan, George Brown, Washington; William McMahan, Nathan Sutton, Union ; Jacob Bradbury, Tate; Daniel Kain, Williamsburgh; Abel Bonham, Ohio ; Peter Light, Williams- burgh ; Samuel Perin, Solomon Claypool, Samuel Hill, Stonelick ; Silas Hutchinson, Daniel McClelland, Miami; Thomas Cade, Tate; Wm. Hunter, Williamsburgh. 1813.—John Gest, Miami; David Morris, Williamsburgh; John Collins, Jeremiah Beck, Jr., Tate; John Ross, Charles Knery, Allen B. Hughes, Lewis; Henry Chapman, Pleasant. 1814.—Walter Wall, Victor Lattimore, Pleasant ; Micah Gilbert, Washington; Samuel McConaughey, Pleasant; John Brazier, Union; Roberl Allen, Clark. 1815.—William Chapman, John Lindsey, Clark; Samuel Lowes, Washington; James Rounds, Tate; Timothy Rardin, Ohio; JUDICIAL HISTORY - 119 John Brazier, Union ; James Wood, Ohio; Nathan Sutton, Shadrach Lane, Union; Enoch Morgan, Washington; David While, Ohio; Joseph Lakin, Washington ; Daniel . F. Barney, Union; Daniel Kain, Peter Light, Williams- burgh ; Samuel Hill, John Charles, John Beatty, Stonelick; Jacob Claypool, Perry ; Silas Hutchinson, Miami; 1saac Ruth, Perry. 1816,—George Ely, John Brazier, Batavia; David Morris, Williams- burgh ; Christian Wiles, Pleasant; Jasper Shotwell, Williamsburgh; Micah Gilbert, Washington; Jeremiah Beck, Jr., Tate; Isaac Ruth, Perry; William Ewing, W. S. Jump, Washington ; John Ross, Charles Knery, Lewis. 1817.—Benjamin Penn, Washington; Isaac Voorhis, Batavia; Gideon Denham, Perry ; Henry Chapman, Walter Wall, Pleasant ; Plummer lams, Ohio; Elijah Fee, Washington; Andrew Megrue, Jesse Wood, John Gest, Miami. 1818.—Timothy Rardin, James Wood, Ohio; Joseph Stockton, Union ; David White, Ohio ; Andrew Pinkham, John Boggess, Tate; Joseph Lakin, Elijah Larkin, Washington ; Shadrach Lane, Daniel Day, Union ; John Charles, John Beatty, Stonelick; Adam Miller, Franklin ; Daniel Kain, Jasper Shotwell, Williamsburgh; Silas Hutchinson, Miami; Nathaniel Bonser, William Fee, Franklin ; Wm. Hunter, Williamsburgh. 1819.—Ambrose Ranson, Miami; Benjamin Morris, Tate; David Morris, Williamsburgh ; Peter Frybarger, Goshen; Joseph Layman, Wayne; Thomas Lindsey, Washington; John Brazier, Festus Dunning, Mahlon Smith, Goshen; George J. Troutwine, Nathan Oliver, Tate. 1820.—Isaac Voorhis, Batavia ; David Jones, Ohio; Andrew Megrue, Miami ; 1saac James, Union; Joseph Utter, Franklin. 1821.—David White, ohio ; Elijah Fee, Washington; James Stockton, Union; Chapman Archer, Ohio; William Davis, Union; James Robb, Ohio ; Elijah Larkin, Washington; Moses Larkin, Franklin; Samuel Hill, Thomas Martin, Stonelick; Daniel Kain, Williamsburgh; Nalhaniel Bruiser, Andam Miller, Franklin; John Emery, Miami; Arthur Clark, Stonelick. 1822.—John W. Robinson, David Dial, Batavia; Jasper Shotwell, David Morris, Williamsburgh; John K. Morris, Tate ; Ezekiel Leming, Miami; Thomas Lindsey, Washington; Robert Smith, Wayne ; Ignatius A. Pool, Franklin. 1823.—James Blackburn, Tate; Isaac Covalt, Miami; Joseph Utter, Franklin; 1saac James, Union; Simeon Goodwin, Franklin ; George McMahon, Union ; Elijah Fee, Washington. 1824.—Chapman Archer, Timothy Rardin, Martin Pease, Ohio; John Boggess, Tate ; Joseph Davis, Union ; Nathan Keyt, Washington; Thomas Mullin, Franklin; John Randall, Goshen; Daniel Kain, Williamsburgh ; Joseph Laymon, Wayne; William Davis, Union ; John Emery, Miami. 1825.—David Dial, Batavia ; David Jones, Ohio ; John W. Robinson, Batavia; Solomon Wells, Tate; David Morris, Williams- burgh ; William Mount, Batavia; John K. Morris, Tate; Elijah Larkin, Washington; William Hartman, Jackson; Philip B. Byrn, Washington ; Obadiah Winans, Tate ; Samuel Perin, Zebina Williams, Stonelick; William B. Butts, Franklin; Ezekiel Leming, Edward Hughes, Miami. 1826.—James Blackburn, Tate; William Mount, Batavia; David Jones, Ohio ; George McMahon, Union ; Otho Pearre, Franklin; Zebina Williams, James McKinnie, Stonelick; Andrew Frybarger, Goshen; William Waters, Williamsburgh; William Curry, Washington. 1827.—Samuel Hill, -Stonelick ; George J. Troutwine, Tate ; Chapman Archer, Thomas West, David White, Ohio ; John Dunlap, Goshen ; John Rogers, Monroe; George S. Bryan, Batavia; Nathan Keyt, Washington ; Joseph Davis, Union; James McKinney, Zebina Williams, Slonelick ; John Ran dull, Goshen; Francis 1rvin, Miami; Samuel Raper, Williamsburgh; James C. Hanley, Wayne. 1828.—David Dial, Batavia ; Savil Wilson, Union; Elijah Larkin, Washington; Timothy Rardin, Ohio; Joseph Wyatt, Monroe; John Everhart, Franklin. 1829.—Edward Hughes, Miami; William Davis, Union ; Otho Pearre, Simeon Goodwin, Franklin ; George McMahon, Union; Levi Moss, Ohio ; Edward Frazier, Tate; Joseph Laymon, Wayne. 1830.—B. C. Leavitt, Goshen ; David White, Ohio ; George J. Trout- wine, Obadiah Winans, Tate; Thomas West, Ohio ; Samuel Hill, Stonelick ; Rezen Hill, Goshen ; 1srael Whitaker, Batavia; John Brown, Franklin ; Michael Highlands, Union ; John Randall, Wayne ; Samuel Roper, Williamsburgh; James McKinnie, John Williams, Stonelick; Daniel Kain, Williamsburgh ; Francis Erwin, Miami. 1831.—David Dial, John W. Robinson, Batavia; J. H. Jackson, Goshen; Moses Elstun, Miami ; Elijah Larkin, Washington ; William Hartman, Williamsburgh ; Timothy Barth'', Ohio ; Joseph Wyatt, Monroe. 1832.—Edward Hughes, Miami; Henry H, Evans, Simeon Goodwin, Franklin ; Chapman Archer, Plummer lams, Ohio ; John McGuire, Union ; Jacob G. Dimmitt, Wayne ; Azel Bryan, Williamsburgh; Josiah G. Gallupe, Franklin ; John Quinlan, Edward Frazier, ,Tate; William Walers, Williamsburgh; John Trees, Joseph Gwynn, Washington. 1833,—John Rogers, Monroe ; David White, Thomas West, Ohio; Arthur McNeil, Goshen; Conrod Whitmore, Stonelick ; Alexander Blair, Batavia; William Highlands, Union; John Leeds, Henry D, Gorbet, Williamsburgh; Samuel Hill, Stonelick; James Ward, Absalom Manker, Union ; Francis Erwin, Miami; A. F. Morrison, Wayne; John Sargent, Franklin; Zebina Williams, Stonelick. 1834.—Alexander Blair, David C. Bryan, Batavia; Thomas Sheldon, Tate; Abraham Wilson, Goshen ; David Morris, Batavia; Moses Elstun, Miami ; Joseph Davis, Union ; James Ward, Ohio; Dowty Utter, Washington; William Hartman, Williamsburgh; John K. Morris, Tate; Timothy Rardin, Ohio; William Nott, Wayne ; Lindsley Broadwell, Franklin. 1835.—Simeon Goodwin, Franklin; Chapman Archer, Newel E. Watton, David White, Ohio; John McGuire, Union ; Daniel Kain, Azel Bryan, Williamsburgh; Edward Frazier, Tate; James Jackson, Miami; John Quinlan, Tate ; Marlin Byard, John Davis, Washington; George Mitchell, Wayne ; Arthur McNaell, John Beatty, Goshen; John Dickey, Jackson. 1836.—John Rogers, Monroe; James McKinnie, Stonelick ; Samuel G. Meek, Goshen; Samuel Fitzwater, Miami; John Leeds, David Light, Williamsburgh ; George W. McCormick, Zebina Williams, Stonelick ; James Ward, Union ; William Sloane, Wayne ; John Sargent, Franklin; Dowty Utter, Squire Frazee, Washington. 1837.—David Morris, Shadrach Medaris, Batavia; Jacob Beagle, Union; Thomas Sheldon, Tate ; Moses Elstun, Miami ; William Huaman, Jackson; John Ellsberry, Tale ; Jesse Whitset, Miami ; Joseph Wyatt, Monroe; Timothy Rardin, Ohio ; Elijah Applegate, Goshen ; James Davis, 'fate; A. F. Morrison, Wayne ; W. B. Utter, Franklin. 1838.—James Hamilton, Jackson; Simeon Goodwin, Franklin; John McGuire, Union ; Samuel Ewing, Stonelick ; Samuel McLoughlin, Newel E. Watton, John Sworn, Ohio ; Azel Bryan, Daniel Kain, Williamsburgh; John Randall, Goshen; John Quinlan, Tate; John Davis, Washington; John Rapp, Stonelick ; William Page, Monroe; Arthur McNaell, Goshen. 1839.—James B. Simmons, David Jones, Ohio ; John Emory, Miami ; John Leeds, William S. McLean, Williamsburgh; Thomas Carter, William Sloane, Wayne; David Light, Williamsburgh ; John Trees, Washington; William Roudebush, Stonelick ; Joseph Kyle, Union ; John S. Fallin, Franklin; David C. Bryan, Batavia; Squire Frazee, Washington. 1840.—Thomas D. Temple, Union; David Morris, Henry Whitaker, Batavia ; William Hartman, Jackson ; Andrew Long, Stonelick ; John Ellsberry, Thomas Sheldon, Tate; James Simpson, Goshen ; Moses Elstun, Jesse Whitsit, Miami ; Enoch Tracy, Monroe; A. F. Morrison, Wayne ; James Denuison, Miami; Isaac Mitchell, Monroe; James Davis, Tate ; John Page, Washington. 1841.—John M. Hutchinson, Jackson ; William Eppert, Ohio; Joseph Davis, Union ; John Severn, Ohio ; W. B. Utter, Simeon Goodwin, Franklin; Daniel Kain, Williamsburgh ; John Rapp, Stonelick ; John Quinlan, Tate ; Arthur McNael, Goshen. 1842.—James B. Simmons, Monroe ; Wm. Hobson, Ohio ; John Leeds, Seth Maker, Williamsburgh; Wm. N. Robinson, Miami ; Wm. S. McLean, Williamsburgh; Win. Slone, Wayne ; Joseph 120 - HISTORY OF CLERMONT COUNTY, OHIO. Page, Washington ; Lawson L. Warren, Union ; Moses Larkin, Franklin ; Peter Anderson, Stonelick ; John S. Fallin, Franklin. 1843.—Squire France, Washington ; L, D. Morris, George S. Lee, Batavia; Wm. Hartman, Jackson; T, D. Temple, Union ; H. Simonton, Miami; Thomas S. Baker, Williamsburgh; Darius Perin, Amasa Day, Miami ; James Simpson, Goshen ; Andrew Long, Stonelick ; Thomas Sheldon, John Ellsberry, Tate ; Henry Whitaker, Batavia ; Joseph Wyatt, Isaac Mitchell, Monroe; Daniel Altman, Tate ; Hiram Boulware, Williamsburgh; Benj. P. Thrasher, Washington. 1844.—Simeon Goodwin, Franklin ; David Kirgan, Ohio ; John M. Hutchinson, Jackson ; John Simkins, Stonelick ; Harvey Irwin, Goshen; John Swem, Ohio ; George E. Hill, Union ; Wm. Hobson, Ohio; James Loveland, Miami ; James Kellum, James Davis, Tate ; Samuel Mastere, Goshen ; Amos Hill, Stonelick; A. McNaell, Goshen ; John Slye, Monroe. 1845.—John Leeds, Henry Moyer, Williamsburgh; Eli Elstun, Win. N. Robinson, Miami; John W. Jones, Wayne ; John D. Holier, Washington ; Zacheus Kyle, Union ; George McLefresh, Franklin ; Moses S. Pickelhoinier, Wayne ; George Richards, Franklin. 1846.—S. L. Leffingwell, Williamsburgh; Squire Frazee, Washington ; James Perrine, Henry Bonnet, Batavia; Levi Wilmington, Union; Thomas S. Barker, Williamsburgh ; Arthur MoNaell, Goshen ; Orville Wiggins, Miami ; John Ellsberry, Tate ; John E. Offutt, Batavia; Darius Perin, Miami ; J. B. Simmons, Isaac Mitchell, Monroe ; A. F. Morrison, Wayne; P. E. Gest, Miami ; Jared Lamar, Washington; J. S. B. Frazier, Williamsburgh; Samuel Sims, Tate. 1847.—John Simkins, Stonelick ; Maurice Witham, Union; John Sweet, Ohio; Harvey Irwin, Goshen; John S. Jenkins, Union ; William Hobson, Ohio ; James Kellum, Tate; Enoch Tracy, Monroe; Amos Hill, Stonelick ; Samuel Masters, Goshen; Michael Cowen, Miami. 1848.—Ezekiel Slade, John Stevens, Williamsburgh; W. N. Robinson, Miami; Joseph L. Powelt, Washington ; Joseph Martin, Union; George Maxfield, Stonelick ; M. S. Pickelheimer, Wayne; Peter Anderson, Moses Long, Stonelick; G. W. Richards, Franklin. 1849.—Squire Frazee, Washington ; James Perrine, D. C. Bryan, Batavia; Holly Raper, Miami ; W. S. McLean, Williams- burgh; W. H. Noble, Tate; W. H. Ferguson, Isaac M. Mitchell, Monroe ; John Ellsberry, Tate; John E. Offutt, Batavia; J. A. McLaughlin, Washington; T. D. Hartman, Jackson; D. Altman, Tate; J. S. B. Frazier, Williamsburgh, 1850.—S. M. Walraven, Ohio ; H. V, Kerr, Tate; David Kirgan, James Vail, Ohio; James Turner, Goshen; Joshua Dial, Union ; James Dennison, William Hughes, Miami; Enoch Tracy, Monroe. 1851,—J. D. Hotter, Washington; T. S. Barker, Williamsburgh ; J. N. Hutchinson, Jackson; Ezekiel Sleds, Williamsburgh; H. W. Leaver, Miami ; Moses Long, Stonelick; William Roudebush, Wayne ; Nathan McMahan, Union; G. W. Richards, Andrew L. Powell, Franklin. 1852.—T. J. Morris, Tate; James Perrine, J. D, Hatfield, Batavia; S. H. Whitmore, Miami; 1saac Mitchell, Monroe ; James Stuart, Washington; J. Hunt, Jr., Franklin; John Dickey, Jackson ; William Canter, Tate, 1853,—J. M. Hutchinson, Jackson ; James Crosson, Wayne; L. L. Warren, Union; William Eppert, James Vail, James Robb, Ohio; H. B. Hoes, Williamsburgh; F. J. Roudebush, Stone- lick ; Thomas S. Barker, Williamsburgh ; James Dennison, William Hnghcs, Miami; John Philips, Robert McLaughlin, Monroe ; M. S. Dimmitt, Franklin; William Terwilliger, John Ringer, Perrine Applegate, Goshen, 1854.—A. J. Trees, Washington ; William Hobson, Ohio; Decatur Wiley, Pierce ; H. W. Leover, Miami; E. Slade, Willlamsburgh Nathan Keyt, Washington ; J, L. Teal, J. S. Jenkins, Union ; James H, Whitaker, Wayne;' Zachariah Shields, Stonelick ; John H. Simmons, Franklin, * Murdered May 1, 1879, at his house by his son, Jonathan Whitaker, who, on Dec. 15, 1879, was sentenced to the penitentiary for life, on his own plea of guilty of murder in the second degree. 1855.—John B. Wheeler, Washington ; Charles Goodale, Ohio; S. M. Penn, J. R. Foster, Batavia; Robert Davidson, Stonelick ; Cyrus McFarland, Batavia; William Winans, Monroe; D. W. Barr, Wayne; J. A. Adams, Union ; S. H. Whitmore, Miami; T. J. Morris, Tate; Otis Dudley, Williamsburgh; D. W. Ritchie, Monroe ; George P. Clark, Franklin ; John Dickey, Jackson ; James Crosson, Wayne; W. C. Slade, Moses Larkin, Franklin; Daniel Altman, Tate ; Gideon V. Witham, Union. 1856.—John M. Hutchinson, Jackson; David Kirgan, Pierce ; W, A. Dallas, Stonelick; James Perrine, Batavia; H. B. Hoes, Williamsburgh ; John D, Randall, Goshen ; Moses Elstun, Union ; William Hughes, J. A. Adams, Miami; Charles R. Ashburn, Ohio; James Gest, Miami; Robert McLaughlin, Washington ; John 'linger, William Terwilliger, Goshen, 1857.—John Page, Washington ; 1saac Dunham, Ohio ; John Wagner, Pierce ; Joseph A. Weaver, Batavia; Esekiel Slade, Williamsburgh ; James Hopple, Washington; Zachariah Shields, Stonelick; John H. Simmons, Franklin ; Thomas Elrod, Tate; George W. Heltman, Union ; John B. Wheeler, Washington. 1858.—M. S. Dimmitt, Franklin; William Winans, Monroe ; Robert Davidson, Stonelick; J. R, Foster, Cyrus MoFarland, Batavia ; W, S. Anderson, Wayne; Otis Dudtey, Williams- burgh ; D. M. Barr, Wayne; T. J. Morris, Tate; James Turner, Miami ; 1saac Mitchell, Monroe; John Dickey, Jackson ; Zebulon Dickinson, Wayne; W. C. Slade, Tate; G. V. Witham, Union ; S. B. Smith, Tate; J. S. Fallin, Franklin. 1859.—Jonathan Christie, Jackson ; John Applegate, Goshen ; W. A. Dallas, Stonelick ; Joseph Jenkins, Williamsburgh ; David Kirgan, Pierce; William Thompson, Williamsburgh; John D. Randall, Goshen ; Moses Elstun, Union ; William Hughes, John Adams, Miami ; Savil Justice, Tate; William Hawkins, Ohio; J. Flegle, Goshen ; William Laughlin, Monroe; M. S. Williamson, H. G. Wasson, Miami. 1860.—Harrison Jordan, Wayne; John D. Hotter, Washington; Joseph H. Gest, Batavia; John Wagner, Pierce ; Ezekiel Slade, Williamsburgh; J. McDonald, Ohio: Joseph L. Powell, Washington; John H. Simmons, Franklin ; G. W. Salt, Tate; C. W. Short, Ohio. 1861.—J. R. Foster, Batavia ; Robert Davidson, Stonelick; J. H. Thompson, Wayne; John Dickey, Jackson ; Thomas Cazel, Batavia; W. W. Fee, Tate; William Hurrah, Stonelick ; Otis Dudley, Williamsburgh; Henry Daughman, Goshen ; Marcus Foe, Franklin ; Jacob L. Teal, Union ; Zebulon Dickinson, Wayne; G. V. Witham, Union; John S. Fallin, T. J. Morris, Tate: S. B. Smith, Isaac Mitchell, Monroe, 1862.—Moses Elstun, Union ; W. A. Dallas, Stonelick; David Kirgan, Pierce ; T. D. Hartman, Jackson ; Jackson Crawford, Joseph Jenkins, Williamsburgh ; Thomas S. Atchley, Batavia; William Hughes, Miami ; P. P. Wolf, Goshen ; Savil Justine, Tate ; J. A. Adams, Miami ; William Hawkins, Ohio; William Stairs, Monroe; H. W. Leaver, W. C. Mellen, Miami; Harrison Jordan, Wayne. 1863.—Joseph Page, Washington ; Ezekiel Slade, Williamsburgh ; John McDonald, Ohio; Benjamin Behymer, Pierce; John Stump, Miami ; Nathan Keyt, Washington ; Luke W. Moore, Pierce ; J. L. Teal, Union; John H. Simmons, Franklin ; G. W. Salt, Tate. • 1864.—C. W. Short, Ohio; James Turner, ,Miami; J. D. Hovey, F. M. Maxfield, Stonelick; R. A. Hopkins, Batavia; R. J. Bancroft, Franklin ; T. M. Leeds, Otis Dudley, Williams- burgh ; William Winans, Monroe; Henry Doughman, Goshen ; J. H. Thompson, Wayne; Isaac Mitchell, Monroe ; G. V, Witham, Union ; W. H. Pickelheimer, Wayne; S. B. Smith, T. J. Morris, Tate. 1865,—John S. Fallin, Franklin; J. M. Hutchinson, Jackson; Thomas S. Atchley, Batavia; E. A. Parker, Miami ; William Rapp, Stonelick; Thomas H, Philips, Monroe; John Simkins, Miami ; Abiel Losey, Goshen ; Luke Higgins, Jackson ; J. F. Perdrizet, Union ; Joseph Jenkins, Williamsburgh; William Hitch, Tate ; John G. Prather, Washington ; William Mansfield, Pierce; C. W. Short, Ohio ; Theophilus Simon- POLITICAL HISTORY. - 121 ton, Miami; John Slye, Monroe ; John Ringer, Goshen; Zebulon Dickinson, Wayne. 1866.—N. S. Stevens, Washington ; J. H. Gest, Batavia; Joseph D. Murphy, Wayne; S. R. Kyle, Miami; Nathan Keyt, Washington ; James Dillon, Ohio ; W. D. John, Pierce; J. L. Teal, Union ; C. P. Harker, Miami ; John II. Simmons, Franklin ; G. W. Salt, Tate. 1867.—Caleb S. Laycock, William T. Cramer, Stonelick ; William Pease, Batavia; F. M. Maxfield, Stonelick ; R. J. Bancroft, Franklin ; W. M. Fryman, Williamsburgh; J. 11. Thompson, Wayne; Z. F. Riley, Williamsburgh ; J. A. Warren, Ohio ; J. M. Hutchinson, Jackson ; A. J. Crawford, Williamsburgh; 1saac Mitchell, Monroe; James Ingram, Washington ; G. V. Witham, Union ; S. B. Smith, W. W. Ulrey, Tate; A. J. Broadwell, Franklin. 1868.—Harris Smethurst, Batavia; Thomas H. Philips, Monroe ; Elisha Williams, Stonelick ; J. S. B. Frazier, Williamsburgh ; L. H. Dennis, Union ; Pervise Randall, Goshen ; Willram Mansfield, Pierce ; J. T. Wheeler, Ohio; Robert McLaughlin, Washington; John Simkins, Miami; O. W. Vanosdol, Joseph Jenkins, Williamsburgh; Luke Higgins, Jackson ; T. J. Morris, Tate; A. J. Crawford, Williamsburgh ; C. W. Short, Ohio; William Hunt, Miami; John B. Turner, Monroe; T. Simonton, Miami; John Ringer, Goshen. 1869.—A. J. Trees, Washington ; John W. Disson, Franklin ; E. Gregory, Wayne; N. S. Stevens, Washington; Joseph Martin, Union; John S. Fallin, Franklin; A. H. Matson, Miami; J. D. Murphy, Wayne; John Ii. Simmons, Franklin; Madison Eppert, John Brunaugh, Pierce ; Daniel Altman, Tate. 1870.—W. T. Cramer, Stonelick ; Josephus H. Hall, Jackson ; William Pease, Batavia; James Caldwell, Goshen ; G. W. Salt, Tato; George H. Fridman, Monroe; Moses Elstun, Union; James Hopple, Washington ; G. V. Witham, Union; S. B. Smith, Tate. 1871.—John Simkins, Miami; T. H. Philips, Monroe; W. R. Moorehead, Williamsburgh ; N. Y. Bacon, Washington ; Joseph Jenkins, L. W. Franklin, Williamsburgh ; Elisha Williams, Stonelick; James S. Murphy, Wayne ; Pervise Randall, Goshen ; Luke Higgins, Jackson ; J. W. Morin, Ohio; A. J. Broadwell, Franklin ; T. J. Morris, Tate; T. M. Leeds, Williamsburgh; E. Gregory, Wayne; T. M. Willis, Monroe; T. Simonton, Miami; John B. Turner, Monroe; John Ringer, Goshen ; C. W. Short, Ohio; A. C. Antram, Goshen. 1872.—W. II. Prather, Franklin ; John F. Mellen, Batavia; George Kell, Miami; L. D. Manning, Union; N. S. Stevens, Washington ; William Hitch, Tate; Robert Davidson, Stonelick ; W. D. John, Pierce ; John H. Simmons, Franklin; John Brunaugh, Pierce. 1873.—William Pease, Batavia; Barnard Pumpelly, Pierce ; Josephus II. Hall, Jackson; W. T. Cramer, Stonelick; Isaac Cross, Wayne; D. P. Lancaster, Washington; G. V. Witham, Union; J. H. Short, Pierce; S. B. Smith, Tate. 1874.—John McNeil, W. R. Moorhead, Williamsburgh; Elisha Williams, Stonelick; John Simkins, Miami; Levi Griswold, Jackson; L. W. Carver, Franklin; William Tribble, Williamsburgh; Harvey Irwin, Goshen ; N. Y. Bacon, Washington ; T. J. Morris, Tate ; Joseph Jenkins, Williamsburgh ; L. R. White, Tate; J. S. Murphy, Wayne; J. W. Morin, Ohio; J. W. Wilstee, Monroe ; W. W. Hancock, Pierce; J. H. Bainum, Ohio; James Cramer, Wayne ; John Ringer, Goshen ; C. W. Short, Ohio; Abiel Losey, Goshen ; G. H. Fridman, Monroe; T. Simonton, Miami; T. M. Willis, Monroe. 1875.—W. H. Prather, Franklin ; John F. Mellen, Batavia; J. W. Hill, Union ; N. S. Stevens, Washington; John U, Simmons, Franklin ; Robert Davidson, Stonelick ; George Kell, Miami. 1876.—William Pease, Batavia-, John B. Turner, Monroe; J. P. Christy, Jackson ; Jerome Behymer, Tate; John P. Leming, Stonelick ; Edward Hughes, Washington ; Daniel Cramer, Wayne; Moses Elstun, G. V. Witham, Union ; S. B. Smith, Tate; J. H. Short, Pierce. 1877.—J. S. Murphy, Wayne; Josephus H. Hall, Jackson ; W. R. Moorhead, O. H, Hardin, Williamsburgh ; A. B. Applegate, Stonelick; John Gillaspic, Ohio; A. J. Crawford, Williams-burgh ; A. ,1. Broadwell, Franklin ; T. J. Evans, Miami ; N. Y. Bacon, Washington ; L. R. White, Tate ; William B. Crouch, Franklin ; Samuel Eltaroth, Goshen ; W. W. Hancock, Pierce; Comelius Whiteneck, Wayne ; C. W. Short, Ohio; A. W. Power, Miami ; Abiel Losey, John Ringer, Goshen; T. T. Bigam, Wayne ; John Idiot, N. J. Bunner, Monroe. 1878.—John W. Hill, Union ; George Kell, Miami; Josephus Baum, Washington; John Brunaugh, Batavia; John G. Prather, Franklin ; Robert Davidson, Stonelick ; Janice K. Gray, Franklin ; Thomas M. Willis, Monroe ; Samuel Wright, Stonelick. 1879.—Moses Elstun, Union ; Amos Hill, Stonelick ; Orin Temple, . Batavia; Jerome Behymer, Tate ; William Tudor, Miami ; William 1L Hartman, Jackson ; Edward Hughes, Washington ; John B. Turner, Monroe; William Yost, Goshen ; John Walker, Franklin ; J. H. Short, Pierce; G. V. Witham, Union; Washington W. Manning, Tate. CHAPTER XV. POLITICAL HISTORY OF THE COUNTY —RELATIONS WITH THE STATE AND NATIONAL GOVERNMENT, WITH LISTS OF OFFICERS, REMINISCENCES, AND STATISTICS. THE early legislation of Ohio forms one of the brightest and most honorable historical chapters in her record. The legislators to whom were intrusted the task of constructing the organic system of the civil government of the State were men of practical wisdom, and of just and liberal views. Its territorial government was the creature of the living breath of freedom. The ordinance o+' 1787 laid the chief comer-stone in the structure of her greatness and prosperity ; and the men who framed the State constitution, and created her system of legislation, conformed their policy to this great charter of freedom. Thus Ohio was early consecrated to religion, education, and freedom, and the Bill of Rights declared that neither slavery nor involuntary servitude, except for crime, should exist in the State ; that religion, morality, and knowledge being essentially necessary for good government and the happiness of mankind, schools and the means of instruction should forever be encouraged by legislative provision ; and that all men, being born equally free and independent, should have the right to life, liberty, and of pursuing and obtaining happiness and safety. These enactments saved Ohio pure from the blight and curse of slavery, and paved the way for its early settlement and subsequent greatness in material resources, and especially its towering strength among the States forming the Union. There had been in Ohio three territorial Legislatures in which Clermont was not represented when Congress, on the 30th of April, 1802, passed an act to enable the people of the eastern division of the Territory northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes. In pursuance of which an election was held and members of a Constitutional Convention elected on Oct. 12, 1802, and returns of that held in this county are not of record, but the two delegates from Clermont were Philip Catch, of Miami, and James Sargent, 122 - HISTORY OF CLERMONT COUNTY, OHIO of Washington township. Philip Gatch, a Methodist preacher, had been a member of an abolition society in his native State, Virginia, and James Sargent had freed his slaves in Maryland ere he moved to the county, and both were elected on account of their uncompromising opposition to slavery, then being sought to be fastened on the virgin soil of the beautiful Northwest. The convention met at Chillicothe, on Nov. 1, 1802, and on the 29th its work appeared in a constitution. ratified and signed that day by its members. It was never referred to the people for their approbation, but became the fundamental law of the State by the act of the convention alone.* The first election for Governor and members of the General Assembly under the State constitution took place on the second Tuesday of January, 1803. No records or returns of that in this county arc preserved, but William Buchanan, of Washington township, was elected senator, and Roger W. Waring, of Williamsburgh, and Amos Ellis, of Pleasant, representatives. Therefore, the first election in the county of which we have returns—and those fragmentary only—was that held for member of Congress, on June 21, 1803, with the following result: Jeremiah Morrow, 117 ; William McMillen, 78; William Goforth, 51 ; Michael Baldwin, 24; Elias Langham, 3. Total vote polled, 275. The poll-books of one township only are preserved,— to wit, Washington. There were 108 votes cast, and the judges were Wm. Buchanan, James M. Queen, and John Wood ; clerks, Joseph Utter and Samuel Jackson. The vote in the township stood : Jeremiah Morrow, 43 ; Wm. Goforth, 47 ; and Wm. McMillen, 13. At the same time the people elected three justices of the peace, and of this side or extra election we give the vote : Wm. Fee, 80 ; George Brown, 91 ; James Sargent, 44; Wm. Jump, 41 ; Stephen Bolander, 32 ; Wm. Stewart, 18 ; Richard Fansier, 1 ; Robert Higgins, 2 ; John Gaskins, 1 ; the first three being elected. As Washington township was then the largest in population and territory, we give the names of the electors who voted,—to wit, Jesse Tatman, Adam Simmons, Joseph Wood, John Boultinghouse, Joseph Logston, John Miller, Richard Fanshier, John Jones, Isaac Williams, Robert Buchanan, David Colglazer, Ralph Brodrick, James Morris, Joseph Jackson, David Goulding, Win. Williams, Benj. Sells, Joseph Dawson, Charles Thompson, James Bennett, James Stewart, James Flora, Joseph McKibben, Joseph Pursley, Adam Fisher, Joshua Manning, Adam Stewart, Nathan Manning, r., John Conaly, John Prather, Wm. Bennett, Joseph Ferguson, Michael Baum, Barnet Dribble, Richard Manning, Joseph Clarke, Nathan Manning, Sr., Stephen Polander, Charles Baum, James Buchanan, James Jackson, Wm. S. Jump, Andrew Jackson, Thomas Patterson, Charles Stewart, John Clingier, Nathan Tatman, Charles Baum, Sr., John Gaskins, James Sargent, Elisha Manning, Abraham Sell, Michael Byrns, Isaac Manning, Wrn. Fuller, Samuel Walraven, John Sells, Wm. Stewart, David Wood, Wm. Higgins, Benj. Moreing, Erasmus Prather, * William Buchanan and William Pee were, on Oct. 12, 1802, elected representatives to the fourth session of the Territorial Legislature, but the adoption of the new constitution prevented them taking their seats. John Cummins, Samuel Jackson, Joseph Utter, Jr., Wm. Buchanan, John Wood, George Vickroy, Mordecai Ford, Edward Tatman, Samuel Tatman, Henry Cupee, Hugh McKibben, Peter Demoss, Alex., Buchanan, Joseph Tatman, Philip Shankle, Peter Simmons, John McDonald, John Hurst, John Shankle, Peter Shankle, Wm. Dickson, Jacob Shankle, Wm. Jones, George Swank, John Shankle,t John Demoss, Jacob Fisher, Jonathan Taylor, Richard Prier, Nathan Morgan, Jr., Elisha Willey, John Sargent, Sr., Henry Newkirk, Amasa Owen, John Lakin, John P. Shankle, Gould S. Casse, Gabriel Akins, Nathan Morgan, Sr., John Sillies, Philip -.thins, Henry Young, Jacob Jones, Wm. Corathar, Sr., Walling Williams. In July, 1803, we have a record of the first contest over the legality of an officer elected in the county. Roger W, Waring, then a member of the Generai Assembly, was elected a justice of the peace in Williamsburgh, and his election being contested was left for decision to Obed Denham. David Loofburrow, and Moses Frazee. There were majority and minority reports, which we give : "We the freeholders being summonsed according to law to try the validity of Roger W. Warren's election to the Office of a Justice of the peace, in the Township of Williamsburg, Clermont County, are of opinion that he was not a roadster in the Township at the time of his Election, and as such his Election is invalled. "July 4, 1803. " DAVID LOOFBURROW, "Osten DENHAM." The minority report was as follows: "I, Moses Frazee, being one of the persons appointed to Decide the within Contest, do descent from the decissiion as stated within. It appearing the sd Waring was a Resident of the Town at the time of his election, for the following reasons,—viz.: That sd Waring had Resided in to Township nigh two years, except while absent on the Assembly, and after his return continued to keep his Office, and tikewise carried on his Improvements, which he at this time possess in the Town of Williamsburg, and it appearing be was only absent for a short space of time out of sd Township in the adjoining Township, where he had lately married, and at the same time was preparing to bring his Wife home, which he did soon afterwards. Witness my hand this 12th July, 1803. "Moses FRAZEE." The law of the minority report was better than that of the majority report, whose makers seemed piqued that the gallant Waring had gone beyond the domain of Williamsburgh township to take to himself a wife, but he got the office at last, as is shown by his many official acts after this period. At the fall election, held Oct. 11, 1803, James Sargent, of Washington township, was elected senator, and Daniel Fagans, of Pleasant, and Jonathan Taylor, of Washington, representatives, but of this election only two poll-books and returns out of five townships are found,—Pleasant and Miami. The vote of the latter, its election officers and voters, are as follows : For senator, James Sargeant, 33 ; Samuel Lattimore, 2. For representative, Francis McCormick, 25 ; Robert Townsley, 5 ; John Morris, 10 ; Daniel Fagin, Ambrose Ranson, Wm. Perry, 15 ; Wm, Edge, 2,—there being two to elect. The judges were Philip Gatch, Ambrose Ranson, and Jesse Gerard ; clerks, Theophilus Simonton and John Gest; and here are the names of the voters: Ignatius Knott, Isaac Shively, henry Don- t - Probably Shinkle. The names are spelled as in the list. POLITICAL HISTORY - 123 ham, Josiah Prickett, John Handley, Philip Gatch, Michael Bollman, Joseph Hutchinson, George Leever, Francis McCormick, George Davidson, Peter Leever, John Malott, John Mitchel, James Wood, Jacob Roudebush, Joseph Moore, Jacob Stroup, John McMeans, Thomas Frost, William Donham, John Pollock, John Erwin, David Roudebush, Richard Hall, Andrew Shetterly, Paul Custer, Peter Frybarger, Nathaniel Donham, Theophilus Simonton, Ambrose Ranson, Jesse Gerard, John Gest, David Miller, and Wm. Edge. The next election in the county was for three commissioners, and was held April 2, 1804, with this result :