LOCATING THE COUNTY SEAT - 63 (RETURN TO THE TITLE PAGE) CHAPTER X. Locating the County-Seat — Sites Offered — Incidents — Sandusky Chosen — The First Court-house — Change of County-Seat Threatened — Permanent House of Justice Provided— The Tardy Proprietors — Some Notable Cases Tried — The First and Only Murderer Executed in Erie County—The Old Jail — Present County Buildings. THE location of the seat of justice of Erie county at Sandusky City was more the result of accident than otherwise. Some people are inclined to remember it as a providential act, while others, more practical, perhaps, have chosen to attribute its location at that place to good luck. Whichever may be correct is of no material importance now, but the incident at the time was of the most vital importance to the town. Three places were presented to the consideration of the commission —Sandusky, Huron and Milan. The first—Sandusky—claimed it on the ground that that place was the metropolis of the county, having the greatest population, be- 64 - HISTORY OF ERIE COUNTY. ing more accessible, and having facilities by land and by water that were possessed by no other location. The people of Huron argued that their town was even better than Sandusky, their location equally central, their lake advantages better, and the site, by every necessary consideration, much more desirable than the others. Milan, or Abbott's Corners, sought through the efforts of the people of that neighborhood to impress the commissioners with the availability of their site, and not without sound argument. This had been for a short time the seat of justice of Huron county. It was more central than the other towns suggested, and was equally accessible by water through the canal, and more accessible by land as it lay nearer the geographical center of the county. In due course of time the worthy commissioners visited the several sites proposed, and it was while on this tour of investigation that the events occurred that turned the tide of sentiment in favor of the village of Sandusky. Milan, or Abbott's Corners, was out of the question. While at Huron, so it is said, the champions of that site showed the commissioners the beauties and natural advantages of the town and location, and endeavored to, and in fact did impress them favorably. The harbor was all it was represented to be, but unfortunately, while urging their own as the best location they correspondingly enlarged upon the disadvantages of Sandusky, so that when the commissioners came here they did so with a prejudice against it. And it is a known fact that at least two of the three commissioners were in favor of Huron as against Sandusky. But while viewing the attractions of Huron and vicinity a hard wind storm, a genuine " nor' easter" suddenly arose and blew the lake waters back into the channel of Huron River, thus flooding the locality, and for a time making it impossible for the worthy site finders to reach their hotel. This trio next visited Sandusky, but as has been stated, with a prejudice against the place. There was in fact a somewhat unfortunate condition of affairs here regarding the lands. They were in dispute, and while there was no open rupture, there were threatenings of litigation in certain quarters, enough to make doubtk the feasibility of locating upon them the county- seat. But at Huron the commission had been informed that the waters of the bay were shallow; too. shallow to make Sandusky a safe, snug harbor for the lake vessels, and this was the objection in part raised by the Huron people. These objections were fixed in the minds of the commissioners, and were of such a nature as required evidence-to remove. But the same gale of wind that injured Huron had favored Sandusky. During its greatest severity the brig Julia Palmer had sought refuge in the bay. of Sandusky, the waters of which were swollen by the force of the wind, and when the next morning the commissioners looked from their hotel windows out upon the waters there stood, safely moored, the brig. Where, then, was the objection raised by the Huron people ? The Julia Palmer was one of the largest of the lake vessels, and still she rode safely. This fact, with a more potent LOCATING THE COUNTY SEAT - 65 influence (a rare imported brand), brought to bear by Major Camp, soon settled the question in favor of Sandusky as the county-seat of the county of Erie. But again, the land proprietors here, during the days in which the subject of erectVng a new county was being discussed, were making provision for the same and the consequent county buildings, as will be shown by a promise in writing made Ary them in October, 1835, three years before the act creating the county was ssed. It read as follows : "The subscribers do hereby pledge themselves that in case a new county be organized with the seat of justice established at Sandusky, we will furnish all )ecessary public buildings for the use of said new county, free of all expense to e county, for five years next following its organization." Signed by John G. amp, Thomas Neill, William I. Reece, Isaac Mills, Z. Wildman ; all per J. G. Camp. One of the first duties that devolved upon the board of commissioners was make some provision for a. building for the purpose of holding courts, and r quarters for county officers. The officers-were chosen on the day fixed for e first election, May 7, 1838, and Samuel B. Carpenter, Nelson Taylor and William B. Craighill were elected commissioners ; Hiram W. Conklin, auditor; William B. Smith, treasurer. At one of the first meetings of the commissioners the following resolution adopted : " WHEREAS, The commissioners of Erie county have understood that the proprietors of the town of Sandusky have promised and agreed to furnish buildings for county purposes for the county of Erie for the term of five years. " And, whereas, the situation of the affairs of said county in relation to county buildings requires that we should know, if any, what agreements and arrangements have been made by said proprietors, and what they are willing to do in relation thereto, therefore, " Resolved, That the auditor of Erie county is hereby directed to correspond with said proprietors in relation to their furnishing buildings; what steps they have taken to furnish the same, and what they are willing to do; and that said auditor report the same to the commissioners on the first Monday in June next." In compliance with this direction the auditor did correspond with the proprietors, which resulted in the renewed promise or pledge heretofore referred , but not until some delay had been made. The first Court of Common Pleas of the county was ordered by the Legislature to be held on the second Monday in December next following the time of the passage of the act that created the county, and against this time the commissioners must provide a place for the holding thereof. The First Court-House.—There was built just west of the present High School, some years earlier than the period the events of which we have been 66 - HISTORY OF ERIE COUNTY. discussing, intended at the time to be put to be put to the uses of education, a stone building of fair proportions, two stories in height, but in 1838 in an incomplete state. The worthy land proprietors of Sandusky were great projectors ; they wished to encourage growth, development, industry and all public improvements, but when it came to putting their individual shoulder to the wheel and furnishing means for the carrying out of any enterprise they were decidedly wanting ; they wished everything to be done but disliked to do anything. And it was this unfortunate inactivity on their part that came near losing to Sandusky city the original location of county buildings, and two years later was the cause of much further agitation of the question of removal; and it was only through the prompt and decisive action of the residents of the town that the county seat was retained in its present city. The stone building referred to was projected in part by the proprietors, and in part by the enterprising residents of Sandusky, who desired a commodious school-house or academy in a central location. To its construction the people largely contributed. At the time of the location of the county seat this building was not finished, only the lower floor being completed, in which school was held. It was this structure, then, that was proposed to be used for courthouse and county purposes. The first term of court was held in December, 1838, as provided by the act of the Legislature organizing the county. And while this building was so used for a period of two years, or perhaps a little less, there was no move on the part of the proprietors to vest the title to the same in the county. This led to further discussion and agitation of the question of removal of the county seat to some other point ; and, moreover, led to the passage of an " enabling act " authorizing such removal, but coupled with a condition, as will be seen by the act itself, as follows : " There shall be commissioners appointed agreeably to an act entitled 'An act for the establishment of seats of justice,' to review the seat of justice of Erie county and remove the same, if in their opinion the public interest requires it; but it shall not be lawful for said commissioners to locate the seat of justice at any place other than its present location unless the proprietors of the lands, or individuals, shall furnish the county of Erie with a good and valid title, in fee simple to such lands, as may be necessary for the erection of all public buildings; and shall also erect good and suitable public buildings, equal to those in Elyria, Lorain county, without expense or levy of a tax in said county of Erie." This act seems to have somewhat opened the eyes of the tardy proprietors, but not until the citizens had come to the rescue, and by their bond pledged themselves to provide for the necessities of the county. At a meeting of the county commissioners held June 3, 1840,-the following journal entry appears : LOCATING THE COUNTY SEAT - 67 "Whereas, the commissioners appointed by the Legislature of this State to review and remove the seat of justice of Erie county, if, in their opinion, the public interests required it, have on full examination decided and found that the public interests did and does not require such removal, and " Whereas, in order to prevent the removal of the seat of justice by said commissioners, F. D. Parish, A. H. Barber, Charles Barney, Samuel Moss, Moses Farewell, John Wheeden, W. H. Hollister, William B. Smith, L. S. Beecher, John Beatty, John G. Camp, E. Cook, S. B. Caldwell and David Campbell executed and delivered to the commissioners of the said county of Erie their joint and several bond in the sum of fifteen thousand dollars, dated May 11, 1840, conditioned for the furnishing to and for the said county, within two years from April I, 1840, good and sufficient public buildings, such as a court-house, public offices and jail, without expense or the levy of a tax in said, county, and " Whereas, the most of the proprietors of the stone building now occupied by the county as and for a court-house and offices, situate on the east block of the land appropriated and set apart by the original proprietors of Sandusky city for county and other public buildings, have this day delivered to the commissioners of said county a deed of conveyance of said building, to be holden and used by said county for a court-house and offices forever, containing a covenant of warranty of the title of the same against all claims whatsoever. " Now, therefore, we, the commissioners of the county of Erie aforesaid, do now accept and receive for the county, for a court-house and offices, the said building in fulfillment and satisfaction of the condition of the above mentioned bond of F. D. Parish and others, so far as the same has reference to and stipulates for the furnishing of a court-house and public offices, and land on which erect the same, on condition that the obligors of said bond shall erect a portico across the north side of said building, not less than twelve feet wide, and extend up to the floor of the third story, and covered with a deep floor, and surrounded with a hand-rail and bannisters, and a portion to be enclosed at each end, and stairs to be erected to extend from the first to the second story; and subject to such other internal arrangements as the commissioners shall hereafter direct and adopt ; and also remove the partition in the second story, and lay a floor over the present stairway so that the court-room will extend over the whole of the second story." The latter portion of this instrument was subsequently modified in relation to the construction of the " portico " and stairways, and provision made for a semi-circular portico with circular stairs. The deed from the proprietors of the land and the shareholders of the "stone building," bears the date of May 14, 1842, and is made upon the express condition that the county seat be not removed from Sandusky city. The deed was signed and executed by the following named persons: W, H. 68 - HISTORY OF ERIE COUNTY. Mills, David Campbell, S. B. Caldwell, A. P. Tower, William B. Smith, William H. Hunter, I. N. Davidson, G. S. Dowel, Josiah W. Hollister, James Hollister, by attorney, R. I. Jennings, M. A. Bradley, S. C. Moss, Elentheros Cooke, Moses Farewell, John N. Sloane, L. S. B'eecher, John G. Camp, F. D. Parish, F. S. Wildman, Nathan Starr, John Wearn, Thomas Neill, Isaac Mills, by attorney, J. A. Mills, James Foman, Thomas T. White, William Null, Oran Follett, E. S. Gregg, Burr Higgins, W. Townsend, L. B. Johnson, Martin Ellis and I. Darling. These, then, were the vicissitudes and vexations experienced by the inhabitants of Sandusky before the seat of justice became permanently established at that city. For a period of nearly fifty years this building, though not originally intended as such, served the purposes of the county as a hail of justice. Could a record of each and every case, civil and criminal, tried and argued within its walls be made, what an interest would it create. Here was tried, convicted and sentenced to be hanged the only murderer ever executed within the bounds of Erie county. James Evans, a crippled tailor, was the man, and the sentence of death was executed upon him for the wilful, deliberate murder of John Ritter. Counsellor L. S. Beecher defended this man, while the firm of Parish & Sadler were special prosecutors for the people. The case is well remembered by old lawyers. Then, again, was the famous case of Lockwood and others against Wildman and others, involving the title to the lands on which stands the city of Sandusky. This was, perhaps, the most important civil case ever tried in Erie county. For the plaintiffs were counsellors C. L. Boalt, George Reber and Judge Peter Hitchcock, while the defendants' interests were guarded by Messrs. Parish & Sadler, L. S. Beecher, Pitt Cook and others. The case was reviewed by the Appellate Court in 1844, and a decree granted for the plaintiffs, but there being other questions and considerations arising in the case that were not tried and reviewed, a-compromise was effected and the case settled notwithstanding the decree of the Supreme Court sitting in bank. The case of Lockwood against Mitchell was one that attracted considerable attention at the time, and was on the docket for nearly twenty years. This was a land case and involved the title of a tract in Milan township. The plaintiff was represented by Judge Stone and Judge Swaine, while the defendant's attorney was Homer Goodwin, esq. The Lake Shore and Michigan Southern Railroad Company and the Cleveland, Sandusky and Cincinnati Railroad Company became involved in a litigation over the question of the right of one railway to lay a track across that of another. This case will be remembered as one of the most closely contested of the many tried in this county. The plaintiffs were virtually successful. Their interests were represented by Homer Goodwin, associated with Counsellor Mason, and Messrs. Bowman, Prindle & Scott represented the other side. LOCATING THE COUNTY SEAT - 69 In the action of Sloane versus Beimiller, the issue involved the question of the right of a shore owner to control the fishing privileges of the bay or lake waters opposite his property. The decision was that he had no right to so control. In this case Mr. Goodwin appeared for the plaintiff, and Counselors Dougherty and Root for the defense. Another important action was that growing out of the loss in a terrible storm on Lake Erie, of the schooner Ellen Marr, laden at this port with wheat consigned to Buffalo. The owner of the wheat sued the owners of the boat for the loss of the cargo, upon the ground that the loss was in consequence of over-loading, which was, they claimed, mismanagement, and for which they were liable. Not only was the boat and cargo lost but the entire crew perished with her. In this case were Parish & Sadler, and Beecher & Campbell, they being about the only practicing lawyers in the county at the time, Mr. Elentheros Cooke having practically retired from the profession to engage in politics, and in this field he was, for many years, a prominent, central figure. Another of the early and somewhat important criminal cases was the Bristol robbery case, out of which grew three trials, and created considerable int at the time. This was during the incumbency of Counsellor F. W. Cogswell in office of district attorney of the county. The prisoners, of whom there were four or five, were defended by Counselors Homer Goodwin and Northway. The State against Gilchrist, the prisoner being charged with the murder of one Philo, was another of the thousands of cases tried in the old court-house. In this the county's prosecutor was assisted by C. B. Squire, esq., an attorney during the infant days of the county, while the defense was conducted by Messrs. L. S. Beecher and J. M. Root. The prisoner was indicted for murder, but the court accepted a plea of guilty to a crime of less magnitude. The defendant, Gilchrist was sentenced to imprisonment for a term of years. Such, then, is a brief mention of a few of the thousands of cases that have occupied the time and attention of the court, the counselors and the juries that, from time to time, have been connected with the old court-house, now a thing of the past. The old building is gone and not a trace of its existence is now visible, save only in its past record. But it was not alone the court-house building that engaged the attention of the first board of county commissioners, as provision had to be made for a place of confinement for offenders ; and this was one of the things for the furnishing of which the proprietors and likewise the citizens were pledged. For this purpose on the 8th day of November, 1841, Isaac Mills, one of the proprietors, executed his deed of conveyance to the county, for jail purposes, a lot on Jackson street, numbered eighteen. This deed, however, was not presented to the commissioners until the 21st of January, 1842. On this lot was built the first county jail. It was erected at the expense, mainly, of the citi- 70 - HISTORY OF ERIE COUNTY. zens of the town of Sandusky, and was accepted by the commissioners on July 2, 1842. This property was sold in 1883 to George Brown and Adam Feick, for the sum of three thousand four hundred dollars. At length, as the population and wealth of the city increased, it became necessary that new county buidings should be provided ; buildings more in keeping with the modern, substantial and elegant structures of various kinds that were then standing around the public square and other business streets of the city ; such as would not only be an ornament but an honor to the county seat and to the county. The New Court-House.—The first definite action looking to this end was taken by the board of county commissioners at their meeting held January 4, 1871, upon which occasion that body declared their intention of building a 'new court-house on the site of the old building unless some other location be agreed upon ; and inviting petitions and remonstrances regarding the matter, to be heard and acted upon on the 7th of March following. Upon the occasion designated the board proceeded to examine the several communications presented, of which there were five, containing an aggregate of three hundred and forty-five signatures, all in favor of the contemplated erection and none opposed thereto. One of these bore the names of sixteen members of the legal profession. From that time the various proceedings of the commissioners in the matter may be summarized as follows : March 9, 1871. Commissioners direct William S. Webb and the county auditor, Ebenezer Merry, to visit different county seats and examine county buildings with a view to the selection of a suitable model for that of Erie county, and report the result of their investigations. May 31, 1871. The board visited Mansfield, 0., to examine the courthouse at that place. June 5, 1871. The board adopted the plan offered by Myers & Holmes, .of Cleveland, and made contract with them to furnish plans and specifications upon which the work should be done. July 21. William S. Webb directed to proceed to Cincinnati and ascertain and report the best system for heating the new court-house. August 10. Plans and specifications of Myers & Holmes adopted and approved, after examination by the commissioners, clerk, sheriff and probate judge. Paid Myers & Holmes one thousand dollars in part payment on contract. Advertised for proposals from contractors to build court-house. For the work several bids were received, all of which were examined and discussed from time to time, and finally, October 3, 1871, the board decided to reject all as provided by a clause in the public notice reserving a right so to do. It seems that there was some technical error in the specifications, and the action of the board was in part on that account. Further than this, about this time the disastrous Chicago fire occurred, and it was suggested that this build- LOCATING THE COUNTY SEAT - 71 ing should be made as near fire-proof as possible. This would occasion material alterations in the plans, and it became necessary that the matter should have full consideration. However, on the 5th of December, the commissioners again advertised for proposals to build which were opened on the 6th of February, 1872. They were as follows : Aggregate bid of Philander Gregg, $127,526 00 Carpenter & Matthewson, 129,729 00 Carr, Merry & Nason, 125,388 54 Miller, Prayer & Sheets, 123,913 57 James Campbell, 138,842 65 Beaver & Butts, 125,675 91 Simon Harrold, 127,305 50. Besides these there were other bids for special departments of the work, a detail of which is not important in this connection. The firm of Miller, Frayer & Sheets, of Mansfield, 0., being the lowest bidders for the work, the contract was accordingly let to them by an agreement executed on February 24, 1872. Although the plans and specifications had once been materially changed, no less than five further alterations were subsequently made thereto that entailed additional labor and its consequent expense ; so that, when a final settlement was had with the contractors, it was found that the total cost of the building amounted to one hundred and forty-two thousand twenty-six and forty-five one-hundredths dollars, including furnishing, added to which was the architect's account, per agreement, $4,361.29. The building was occupied by county officers on the 4th day of December, 1874. This new Erie county court-house is a model of beauty and modern architecture, and does honor not only to those engaged in its construction but to the county. Its location, on the west block of the public square, was exceedingly well chosen, as from all sides a full view of its grand proportions is obtained. The effort at elaborate ornamentation was completely successful, and here does not appear at any point, evidences of needless display. This imposing structure needs no further description in these pages. It stands a lasting monument to the liberality and public-spiritedness of the people of the whole county. The New Jail.—And still there remained to be built after the completion of the court-house, another county building, and although of less proportions is none the less attractive in appearance and substantially built. This is the new stone jail on Adams street. On the 29th of March, 1882, the commissioners of the county entered into an agreement with Adam Feick & Brother for the erection of a county jail on lot number thirteen, situate on the south side of Adams street. The contract called for a twenty-six cell jail and sheriffs residence, and the consideration 72 - HISTORY OF ERIE COUNTY. paid them for its construction was $45,750. It was built within the contract, there being no extra work done that made an additional expense. In addition to the original work heating apparatus was placed in the building, which cost something like one thousand dollars additional. The County Infirmary.— In the township of Perkins a short distance from the south boundary of Sandusky City is located a farm of goodly proportions and in a finely improved condition and upon which is built a large stone structure. This is the home for aged, indigent persons of Erie county, and is known as the County Infirmary. This building was erected in the year 1886, by George Phillip Feick under a contract made with the commissioners of the county. Mr. Feick was the lowest bidder for this work, his proposal being twenty-four thousand one hundred and sixty-eight dollars. An engine house and smokestack were subsequently erected by John H. Smith, at an expense of fifteen hundred and thirty-seven dollars and fifty cents. The building that previously occupied this site was burned during the latter part of November, 1885, and with its destruction five inmates were burned to death. The early proceedings for the establishing of a county infirmary were had in the year 1855, and on the 29th of June of that year Walter D. Beall, John W. Sprague and John G. Pool were appointed a board of infirmary directors, who, with their successors in office have ever since had control of that arm of the county government. The present directors are John Holahan,.Thomas McVeigh and J. W. Lyles. The superintendent is Alexander Motry.