1150 - STORY OF THE MAUMEE VALLEY


Mulcahy, put him on horseback and went with him to Detroit. Mulcahy later returned home leading the horse which Burley had ridden to Detroit. After reaching Canada, Burley wrote to Sheriff Latimore and requested him to send Burley some books which he had left at the jail, and sent Latimore some money to pay for certain expenses which the sheriff had paid for Burley. The escape of Burley was without fault of the sheriff, but Mr. Latimore says that he was a most congenial and interesting gentleman. Later Burley became a war correspondent for one of the great London dailies.


PAULDING COUNTY


Paulding County although formed in 1820, was attached to Wood County for governmental purposes until the organization of Williams County in 1824, when Defiance was the seat of government until 1839, when Paulding became a full fledged, organized county. New Rochester, platted in 1835 by Doctor John Evans of Defiance, Robert Clemmer and the Reverends Joseph Miller and Nathaniel Ladd Thomas, and situated on the right bank of the Maumee River about one mile north of the present Village of Cecil, was then the only town in the county and there was located the county seat. In 1839, New Rochester had some thirty families, and all the buildings—stores, taverns, shops and homes were built of logs. In that year Nathan Eaton, John Hudson and Gilman C. Mudgett were appointed associate judges of the Common Pleas Court. These judges met late in 1839 and appointed Horatio N. Curtis, clerk, and Andrew Smith, Sheriff. The first session of this court was held in the spring of 1840 with Emery D. Potter presiding judge. When the Wabash & Erie canal was run through that section some two and one-half miles south of New Rochester it sounded the death knell of the village and in 1841, the seat of government was moved to Charloe on the left bank of the Auglaize River, by the canal and near the east line of the county. New Rochester became only a memory. At Charloe a small courthouse was built of brick by B. F. Hollister as an inducement for locating there the county seat.


In August, 1850, Ezra J. Smith, county surveyor, platted the Town of Paulding for George Marsh and James Watson Riley, who owned the land, and upon the passage of an act of the Legislature to that effect, this then new village in the deep wilderness was made the county seat and where the courts and governmental


TOLEDO AND THE SANDUSKY REGION - 1151


affairs of the county now carry on permanently. When Charloe lost the county seat, the two-story brick courthouse reverted to the heirs of Hollister, the builder, but they turned it over to the village and it was used for school and church purposes, and as a place for public gatherings, including a dance hall and a room for holding elections. The first Paulding courthouse was burned in 1868 and a makeshift affair put up in its place, which was superseded by the present structure in the square in the center of the town, built in 1888.


Charloe, apparently, did things right. The first jail there was built in 1842 of brick also. The settlers were mostly orderly and the prison seldom had an occupant. The first jail in Paulding was a crude, log affair, escapes were frequent, as civilization brought more boarders. A substantial new jail was built in 1874.


Associate judges in early days were more frequently not lawyers. A story about the first court mentioned above, runs as follows :


"Robert McCreary, or 'Bob' McCreary, as he was familiarly called, a waggish sort of a genius who resided in Paulding, attended the court-room one morning in the early fifties; and looking up to where the presiding judge and the three associates sat, he shrugged his shoulders and smilingly said : `Ah, a thousand judges on the bench this morning !"Why, how is that, Bob?' some one said. 'Why, one and three cyphers, doesn't that make a thousand?' The point was quickly seen, and a general current of mirth ran 'through the courtroom." However, the associate judges were of most part, brainy men of good judgment, and their part in the decisions were founded upon justice rather than the technicalities of law.


When the first session of court in Paulding County was held, there were no resident lawyers, and Edwin Phelps of Defiance was appointed prosecuting attorney. In the course of time lawyers began to locate at Charloe, and Alexander S. Latty, D. N. Harrington, John W. Ayres and John D. Carleton opened offices there. When the change was made to Paulding, most of these attorneys followed. Latty was the first Common Pleas judge after the office of associate judge was abolished. He served on the bench for many years. Among the later able attorneys of Paulding, Wilson H. Snook was on the Common Pleas bench 1891 to 1897 and John S. Snook was judge of the same court, and a member of the 57th, 58th, and 65th congresses.


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HENRY COUNTY


The first court in Henry County was held in a log addition to the tavern owned by George Stout, which he built for that purpose. The crude affair was compelled to answer the needs for administering justice, perhaps sometimes injustice, until 1844, when a frame building was put up near the site of the present courthouse. It was a two-story structure, with the county offices on the lower floor and the courtrooms in the second story. Michael Shannon was the builder and for the job he was paid $2,000. The first jail was also of logs but in the new building provision was made for the confinement of offenders of the law in the basement. Before that for a time prisoners were taken to Maumee City for confinement. Among the notable escapes from the first jail was that of a white man charged with murdering three Indians. It is not stated that he was ever brought to trial.


This second frame courthouse, including all of the records except the tax duplicates, was destroyed by an incendiary fire. The question of a permanent location for the county seat then came up, Damascus and Florida being the other points in rivalry for the honor. There was a bitter fight over the subject and it was not until 1848, that the commissioners took action, and their records of the date of March 7th that year show the following:


"Whereas, the subject of erecting public buildings for the County of Henry is being agitated in different parts of the county at this time; and whereas, a majority of the people of the county are opposed to the erection of such buildings, or any contract for the same, until the subject of the removal of the county seat shall have been fairly and fully canvassed by the people at the next annual election, and their wishes acted upon by the Legislature at its next session; therefore,


"Resolved, that the subject of erecting, contracting for or constructing public buildings for Henry County, be postponed until after the rising of the next General Assembly."


The question was finally settled in 1849. Two town lots were donated and added to the grounds already owned by the county and new buildings completed in 1852. One building was for the jail and rooms for holding court, with the prison on the lower floor. The other building contained four fireproof rooms for the county offices. This courthouse was in turn destroyed by fire in 1879, followed by the present well built structure of brick and Berea sandstone, completed in 1882. A building for a new jail and sheriff's residence was also completed.


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As told by Judge David Higgins elsewhere, he presided at the first term of court in Henry County, after its organization. While this county with others was formed in 1820, it was then attached to Wood County for civil purposes until the organization of Williams County in 1824, when its seat of government was moved from Perrysburg to Defiance. Henry was organized with its own county government in 1834, when Judge Higgins presided at the first term of court in the old log cabin. With him were associated David J. Cory, Reuben Waite, and Pierce Evans. Frederick Lord was appointed prosecuting attorney. J. N. Evans was clerk, and E. Husted, sheriff, as told by Judge Higgins. He was succeeded in 1837 by Ozias Bowen, who held courts here for several years. Bowen was afterwards elected to the State Supreme Court. When the Thirteenth Judicial Circuit was created, in 1839, Emery D. Potter was elected to the office of presiding judge and continued to hold court in this county for five years, when he resigned to take a seat in Congress, to which body he had just been elected. Judge Potter was succeeded by Myron H. Tilden, who afterwards became president of the Cincinnati Law School.


When the District Court was organized, Frederick Lord and William H. Berry were the only attorneys living in the county. Mr. Berry succeeded Mr. Lord as prosecutor, and he was succeeded in turn by James G. Haley, the third attorney, who was admitted to the bar in 1840. He also served in the Legislature and as Probate judge. James McKenzie located here for a while, and afterwards drifted into the newspaper work at Kalida. Edward and William Scheffield settled in Napoleon about the year 1841, and began the practice of law. The former rose to a high position at the bar. Ebenezer Lathrop was also one of the early lawyers, and in addition there were a number of circuit riders, as they were called, who followed the courts around and practiced at Napoleon as well as elsewhere.


When the state was divided into nine Common Pleas districts, in 1852, John M. Palmer was elected judge in the subdivision in which Henry County was located. His first term of court was commenced on the 24th day of May, 1852. Alexander S. Latty, of Paulding County, succeeded him, and served for twenty years. Selwyn N. Owen, of Williams County, afterwards a member of the Supreme Court of the state, was one of the judges who presided over this court. The late Michael Donnelly was admitted to the bar in 1880. He was first chosen to the Common Pleas


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bench, but in November, 1905, was elected one of the Circuit judges. This was merged in the Court of Appeals, and on this bench he served very acceptably until his death in 1915.


Justin H. Tyler arrived in Napoleon in 1852, and lived here until his death in 1910. During the years of his active practice he was one of the most prominent men at the Henry County Bar, and filled a number of the offices to the high satisfaction of his constituents. Sinclair DM. Hague came to Henry County in 1859 and located in Napoleon, and was followed in the succeeding year by James A. Parker.


As also mentioned elsewhere, Napoleon has furnished several judges for the higher courts, including the late Ernest N. Warden on the Appellate bench. Hon. D. D. Donovan, a present leading attorney of Napoleon and former member of Congress, has several times declined high judicial honors. The late William W. Campbell was a leading member of the Napoleon Bar.


FULTON COUNTY


Fulton County was formed February 28, 1850, from Lucas, Henry and Williams counties, and consequently had no local court sessions until late in the history of Northwestern Ohio. At that time provision was made that all litigation pending in the counties of Lucas, Henry and Williams, which concerned the territory or people within the new county, should be carried to a conclusion in those counties regardless of Fulton being established. The county was attached for judicial purposes to the then Thirteenth District. The act creating the county provided that court should be held at some convenient house in the township of Pike until a permanent seat of justice should be established. Consequently the home of Robert A. Howard was selected by the associate judges, William Parmalee, John Kendall and H. C. Hough. The first meeting of the court there in 1850 was turned into a game of ball in celebration of the event, as there was no serious business before the august body. Judge Ebenezer B. Saddler of Sandusky City presided (at the court session and perhaps umpired the ball game), with Abraham Flickinger, Socrates H. Catley and William Parmalee associate judges.


Several sites were put forward for the location of the county seat at the first meeting of the county commissioners, including Delta, Etna, Spring Hill and Fluhart's Corners. After a spirited contest, each settlement presenting their advantages, the commissioners selected a site in the township of Dover as the most


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central and advantageous. But there was no name for the site. In the discussion the well known Dresden W. H. Howard, who was at the meeting, was asked to suggest a name, and he put Row forth, among others, that of "Ottokee," the name of a prominent Ottawa Indian chief. The suggestion met with instant approval and was adopted. When thee election was held upon the question of a county seat, Ottokee received a plurality of the votes cast, but not a majority. Consequently the agitation of the subject continued. However, the site selected was well chosen, and in 1851 the first courthouse was built. It was a frame structure, two stories, and about 40 by 80 feet in size. The court and jury rooms were on the upper floor, with the offices for the county officials on the ground floor. It was built by Amos H. Jordan at a cost of about $6,000. The building was commodious and was surmounted by a large dome. In 1853 the first jail was built at the county seat. It was a substantial frame building, lined with heavy planks, and thoroughly spiked. Although built of wood, there never was an escape, excepting two prisoners who got out through the door, which was left unlocked by reason of the carelessness of the jailer. The sheriff's residence was connected with the jail. Ottokee grew and prospered.


Then came a project that changed the whole situation. A railroad was built through the county several miles to the south of Ottokee, which ran from Toledo to Chicago. The county seat question again became an important issue. Under an act passed in 1863, a vote of the county was taken to have Wauseon, laid out in 1854, made the county seat. The proposed change was defeated. Then the Delta advocates took up the cudgel. Another vote was taken the following year (1864) providing for the removal of the seat of justice to Delta. This proposition was also defeated. Then came the disaster to Ottokee. The courthouse there was burned and all the records destroyed. Undismayed, the Ottokee citizens and her backers caused the construction of a new brick building for court sessions and a separate structure for county offices.


With the progress of Fulton County, Wauseon and Delta, both on the railroad, grew and prospered. Another vote was taken in 1869, for the removal of the county seat from Ottokee to Wauseon, and the proposition was carried. A condition was made that Wauseon raise $5,000 towards the construction of new buildings, and the amount was placed in the hands of the county commissioners January 19, 1870, by Isaac Springer, the trustee


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of the fund. The builders were Alexander Voss and H. B. Ensman. The old buildings at Ottokee were utilized as a county home for the unfortunate aged and indigent.


Reuben C. Lemon, later of Toledo, and on the Common Pleas bench, Amos Hill and Lucius H. Upham, were the only attorneys in Fulton County at the time of its organization. John H. Reid, later of the Wood County Bar, was the first prosecuting attorney of Fulton, and Michael Handy followed him in that office in 1852. Nathaniel Leggett was also another early member of the bar there, and a little later Moses K. Brailey, who arrived in 1857 from Norwalk. He was in the Civil war and at its close was brevetted brigadier-general. "Jim" Brailey, a son, of Wauseon and Toledo, is yet remembered.


Among a later generation were William H. Handy, W. W. Touvelle, Thomas F. Ham, John Q. Files and others. Judge Handy was on the Common Pleas bench and spent his last years in Ottawa. By the way, in the older political times, "The Hams" (brothers) , Touvelle, Jim Brailey, Files, John C. Rorick (not an attorney) and a few others handled the Republican politics of Fulton County, and at the conventions held generally the balance of power, and always made the most of the coveted situation. The inimitable and great-hearted L. M. Murphy, late of Maumee, was once prosecutor of Fulton County.


Fred H. Wolf has been on the Common Pleas bench of Fulton County since 1915.


PUTNAM COUNTY


Putnam County was laid out by the legislative act of February 12, 1820, and organized for self-government in 1834. The first county seat was Kalida (Greek, Kallidinus) , suggested by the whirling, beautifully gyrating current of the Ottawa River, upon the banks of which the town was platted in 1834. The first term of Common Pleas Court for Putnam was held May 8, 1834, in the dwelling house of Christian Sarber, one-half mile south of Kalida. Judge William Helfenstein presided, and Henry Morris, William Cochran and Silas McClish had been named by the governor as associate judges. Daniel W. Gray was chosen clerk of the session, and Amos Evans made prosecuting attorney. By what authority is not clear, Kalida had been five years before, in 1829, selected as the county seat. One of the first acts of the court was to grant a tavern license at Kalida to Arthur E. Martin, license fee $5.


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William Cochran was granted a license to run a tavern at his residence in Jennings township. When the county was organized a frame courthouse was built, and a jail of heavy logs, the money therefor being raised by the sale of town lots. These primitive county buildings were replaced by substantial structures of brick in 1839, which were in use in 1864, when destroyed by fire. The question was then agitated for a change of the county seat to Ottawa, on a main railroad line, and at an election held in 1866 Ottawa was chosen by a majority of 672 votes, in a total vote cast of 3,154. There was a proviso that the citizens of Ottawa raise the sum of $15,000 for county buildings, which was complied with.


At the first session of the court held at the new courthouse in Kalida, in April, 1835, George B. Holt was the president judge. The first case was that of Joshua Waggonseller vs. Jacob Deweese, an action in chancery. At one of the early sessions, Isaac McHenry, aged seventy-two years, came into court and made a declaration in order to obtain the pension granted to soldiers of the Revolutionary war. The first grand jury reported six indictments, of which four were for selling liquor without a license.


Originally the majority of the lawyers lived in Kalida, the first county seat, and when the seat of justice was removed to Ottawa practically all of them followed to the new county capital. Among the early attorneys of Ottawa were : J. B. Woodruff, T. J. Logan, D. I. Brown, Richard Lameson, Charles A. Wright, Azariah Budd, Day Pugh, James R. Linn, James Anderson, Ely Holmes, Josiah Gallup, C. J. Swan, H. F. Knowles, John Buchanan, Stansberry Sutton, Joseph Foltz, J. J. Moore, F. H. Gillette, A. A. Skinner, W. L. Berge, John Norris, J. N. Palmer, Benjamin Metcalf, N. W. Ogan, Elam Day, Sidney Sanders and W. H. Handy. When the Circuit Court was organized, in 1884, John J. Moore, of Ottawa, was elected one of the three judges to that bench. John M. Sheets, after serving a short time on the Common Pleas bench, was elected to the office of attorney general of Ohio, in 1900, which position he filled for two consecutive terms.


Of the leading later attorneys were John P. and Daniel M. Bailey. John P. Bailey was chosen Common Pleas judge in 1906 and served until his death, and was succeeded by Ephriam R. Eastman, who is yet practicing law at Ottawa. Putnam County has one of the finest courthouses in Ohio.


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WILLIAMS COUNTY


When Wood County was organized, in 1820, Williams County for judicial purposes was within its jurisdiction, the county seat being at Maumee, then Perrysburg. As elsewhere noted, when Williams County was organized for self-government, February 2, 1824, the counties of Henry, Paulding and Putnam were attached to it for governmental purposes. By the act of the Legislature of the date of January 13, 1825, Defiance was made the county seat. The first session of the Court of Common Pleas for these counties was held at Defiance, April 5, 1824, in the second story of Benjamin Leavell's store, by Ebenezer Lane, as presiding judge, and Robert Shirley, John Perkins and Pierce Evans as associates. John Evans was appointed clerk. At the next session of the judges, Leaven was licensed as a merchant for one year, the license fee being $10. He was also licensed to operate a ferry across the Maumee River, as was George Lantz "at the crossing of the state road"—now Jefferson Street, Defiance.


On the first Monday in December, 1839, a commission of three was appointed by the Legislature to locate a permanent seat of justice of Williams County. The commission consisted of Joseph Burns of Coshocton, James Culbertson of Perry, and Joseph McCutchen of Crawford County. Williams Center and Pulaski put up their claims for the county seat, and Defiance was evidently out of the running because of its location too far from the center of the county. As a central point was desired, John A. Bryan of Columbus, then auditor of state, who owned land in the proper location, had a town laid out and surveyed by a civil engineer named Miller Arrowsmith. There were no cabins convenient and the surveyors lived in tents while they were running the lines. Mr. Bryan donated the ground in the center of his new village for the county buildings, and perhaps also having further influence, the commission selected this central situation for the county seat and the town was named Bryan. There stood upon the site as fine a growth of timber as could be found anywhere in Northwest Ohio. In the clearing of the site not a tree of the original growth was permitted to stand. Volney Crocker had .the contract for clearing the public square, and every old forest tree was doomed to perish. To provide a habitation for himself during the time that he was engaged in the work of cutting down the timber, Mr. Crocker built a rude shanty, which was the first building upon the site of Bryan.


TOLEDO AND THE SANDUSKY REGION - 1159


The first term of court for Williams County held at the new county seat of Bryan was on April 19, 1841, before the new county buildings were completed. Emery D. Potter was the presiding judge, with William D. Haymaker and Jonas Colby associate judges. Edwin Phelps was chosen clerk, and John Drake was the sheriff. The grand jury at the session was as follows : John Bowdle, Horace Hilton, James Partee, Jacob Kniss, Zachariah Hart, William Travis, Francis Loughhead, Daniel Wyatt, George W. Durbin, Jacob Dilliman, Isaiah Ackley, Amos Stoddard, Seth Stinson, Frederick Miser and Jacob G. Wilden. Twelve indictments were returned. Four indictments were for selling liquor, three for assault and battery, three for gambling, one for assaulting a constable and another for an "affray." Four petitions for naturalization were presented. Judge Potter held the next session of court in September the following year, his associates on the bench being Reuben B. James, William D. Haymaker and Jonathan B. Taylor. At the June term, 1845, E. H. Leland, prosecuting attorney of the county, was indicted for gambling and Judge Thomas Kent was indicted for assault and battery. Both, upon being tried, were acquitted. Evidently the early settlers generally settled their differences with their fists. A larger portion of the early commercial cases were for assault or perhaps selling liquor contrary to law, or for gambling.


The early lawyers of Williams County included, in 1837, Horace Sessions, Curtis Bates and William Seamans. Later came William C. Holgate. In 1842 the names of lawyers upon the tax list included the following: William Seamans, William Carter, Horace Sessions, William C. Holgate, George B. Evans, Edwin Phelps, E. H. Leland, and George L. Higgins. In 1844 the following names were found upon the bar docket as residents of Bryan : Leland, Blakeslee, Case, Foster, Joshua Dobbs, Huyck, and James Welsh. Joshua Dobbs was the first man to be elected Probate judge under the constitution of 1850. One of the most conspicuous members of the Williams County bar was Selwyn N. Owen, who served several terms on the Common Pleas bench and sat with distinction upon the Ohio Supreme Court.


Later noted lawyers were Judge Charles A. Bowersox and Charles E. Scott, both of whom were on the Common Pleas bench and in their different ways popular with the fraternity. Williams County and the Bryan Bar has also become conspicuous, from the fact that it furnished the Hon. Judge John M. Killits


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for the United States District Court bench, who served faithfully and well until his retirement from regular service late in 1928.


BENCH AND BAR NARRATIVES


During the War of 1812, near where now stands the courthouse of Richland County, upon a corner of the public square of Mansfield, there was built a block-house, probably two of them, where in times of danger from the menacing Indians the nearby settlers gathered for safety. Among the occasional occupants of this place of refuge was the family of George Coffinberry, who located near Mansfield about the year 1809, coming from Virginia. One of the family was Andrew, a son, born at Martinsburg, that state, in 1788. For two years he was in the naval service, but after the struggle with England, young Coffinberry read law in the office of John M. May, Mansfield, and located in the practice of that profession at Perrysburg, Wood County, in 1836. However, before that time he was one of the circuit riders around the courts of Northwestern Ohio, the Common Pleas and Supreme, and his experiences until his death at Findlay, Ohio, May 12, 1856, were varied and most interesting. He was counsel for Governor Lucas of Ohio in the Ohio-Michigan boundary controversy and accompanied the Governor to the "frontier battle line" on the Lower Maumee in 1835. His associates at the bar of justice were such men as Tom Ewing, Ebenezer Lane, Charles H. Sherman, William and Henry Stanberry, Willis Sillman, Josiah Scott, Hosmer and Henry B. Curtis, and in his later years George B. Way, John C. Spink, Thomas W. Powell, Henry S. Commager, D. 0. Morton, M. H. Tilden and M. R. Waite. He was not a college man, but was a good French and German scholar, a student of literature, with geology his hobby.


Judge Coffinberry obtained his sobriquet of "The Count" by reason of his noble carriage and exceptional dressy appearance and neatness. A sketch says that in these personal matters Judge Emery D. Potter, Sr., was also fastidious, and during his judicial service, accompanied often by roystering members of the bar, and tossed about for lodgings in miscellaneous places, he would permit no one to share his room and bed except the Count.


When traversing the circuit, the journeys nearly always being on horseback, the Count carried in his portmanteau, or saddlebags, an elaborate wardrobe. It was during a heated term of the summer solstice, when the roads were supposed to have been exhausted of water and mud, that Judge Potter, Judge Higgins,


TOLEDO AND THE SANDUSKY REGION - 1161


Mr. Coffinberry, John C. Spink, James G. Haley, and some others, left Defiance for Kalida, to attend the opening of the Common Pleas Court. The good Count had decked himself in his best, fearing no evil in the form of rain or of water or mud; but somehow, before the party traversed those thirty-two miles, his apparel, so faultless on starting out, was in a condition when he reached Kalida to exhibit him as the most sorry specimen of the whole party, the mud-marks upon his linen being more conspicuous than those upon the coarser garments of his travelling companions, and giving his clothing the general appearance of the unchangeable spots of the leopard. He was in ill-humor with himself, by reason of his personal appearance, when he entered the village; but the contents of his portmanteau enabled him to appear next morning, as usual, "neat as a pin."


Many good stories are told of the Count. One evening he attended the wedding of two of his good friends, John M. May, Jr., and Miss Eliza Wolf, and as a consequence slept rather late the next morning. His four-year-old son, on being told to "go wake daddy," was informed by the delinquent parent that he had "been out helping Mr. May catch a Wolf." Evidently all the parties concerned were housed under one roof, for the little fellow in his undressed condition toddled straight for the groom's room and gleefully shouted, "Mr. May! Mr. May! I'se want to see your Wolf." Whereupon May replied, "Here she is 'Gunner,' come and see her," at the same time lifting the fellow up, who was "caught fairly in the arms of Mr. May's 'Wolf.' "


Knapp, the historian, tells this of the Count :


"Being pitted against Judge Higgins, at Kalida, in the defense of a slander suit, the judge, who was a venerable looking man, with a pale face and hair as white as snow, closed his speech by reading, with solemn voice and reverent air, several verses from the Bible condemnatory of the tongue of the slanderer, &c. Apprehensive that it was getting to be a solemn occasion for his client, the Count slowly rose to his feet, adjusted his spectacles, elevated his nose to an angle of about forty-five degrees, and in a most clerical tone addressed himself to the court and said : 'Your Honors, shall we sing.' The judges struggled to comport themselves with becoming dignity; but it would not do; judges, jurors, lawyers and spectators were convulsed with laughter, but the Count looked as solemn as a funeral, while Judge Higgins' unfortunate client was being literally laughed out of court.


"The Count and his son James were upon one occasion opposed


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to each other in a trial before the Wood County Common Pleas, of a suit brought to recover damages for deceit practiced in the sale of a horse. A young gentleman of about his own age had given very damaging evidence to the younger Coffinberry's case, and for the purpose of belittling the witness, and having the jury understand that he was but an inexperienced boy, James on cross-examination continually addressed him as 'George,' which the Count thought unbecoming in his son, and disrespectful to his intelligent witness. Finally James said : 'George, won't you tell the court and jury what state of flesh that horse was in?' Whereupon the Count leaned over the table towards his son, and whispered just loud enough to be heard by everybody in the courtroom

: `Jeems, that creetur was probably in a state of horse flesh.' Jeems' subsided."


James M. Coffinberry, this son, by the way, was born in Mansfield in 1818, possibly in the old Mansfield block-house. He studied law with his father, the Count, when the family lived at Perrysburg, and .became an able lawyer and judge. He served as prosecuting attorney of Lucas County for two or three terms. and about 1845 removed to Findlay, Ohio, where he purchased and edited a Whig paper, The Findlay Herald. At the same time he practiced law in Hancock, Wood, Allen, Putnam, Van Wert and other Northwestern Ohio counties. He moved to Cleveland in 1855, where he took high rank at the bar, was elevated to the Common Pleas bench, and for years was one of the leaders in his profession.


General Hill of Toledo, in 1873, related to Knapp the following anecdote of the elder Judge Coffinberry : The dignity and grace of the Count, in addressing a court or jury, were conspicuous, and even his attitude was very marked. In the year 1840 he was the Whig candidate for the State Senate, and Col. William Sawyer, then a resident of Miamisburg, Montgomery County, was the Democratic candidate for Congress against Patrick G. Goode. It was during the famous "hard-cider and log cabin" campaign, and party spirit ran high. Colonel Sawyer, having been advertised to address a meeting at Maumee City, the friends of Mr. Coffinberry challenged Sawyer to engage in a joint discussion to be held at Perrysburg. Colonel Sawyer promptly accepted the challenge. The odds were unequal, as the Count, although a lawyer of acknowledged power, possessed none of the elements which form the successful politician; while Sawyer was an old campaigner, and thoroughly posted on public measures


TOLEDO AND THE SANDUSKY REGION - 1163


and party issues, and on all the arts and devices of the politician. Under the arrangement, Sawyer made the opening speech. He charged upon the leaders of the Whig party that they were aristocrats, controlling the banking and moneyed interests of the country, and that their professed sympathy with the real dwellers in log cabins was a sham and a fraud. The wire-pullers of the Whig party, he said, occupied the palaces of the land, and were arrayed in purple and fine linen. (And here he gave a significant glance at the Count himself, designed to convey the intimation that he was "one of 'em.")


"As to myself," continued Sawyer, "I was born in a log cabin, and I yet reside in a log cabin. My blacksmith shop, where, when at home, my circumstances compel me to severe toil about twelve hours out of the twenty-four, is a log cabin. My associations, sympathies and hopes have ever been, and now are, identified with the pioneers of the country, and the occupants of log cabins. Can my highly aristocratic friend who is to follow me in this discussion, and who resides in a lordly mansion almost within sight of this audience, say this for himself ?"


Slightly embarrassed and vexed, the Count rose, struck his characteristic "attitude," and commenced by deprecating the personal allusions in which his friend, Colonel Sawyer, had thought proper to indulge. To get even with his opponent, he tossed his head back to a point that looked towards the zenith, and exclaimed, with great emphasis : "Yes, gentlemen, if there is any merit in having been b-o-r-n in a log cabin, I, too, Mr. Chairman, and ladies, and fellow citizens, was born in a log cabin—in the first instance !" The latter part of the sentence being one that he was accustomed to use in his opening addresses before courts and juries. This incident virtually closed the political controversy between Mr. Coffinberry and Colonel Sawyer,. and, for that campaign, at least, virtually placed the former upon the retired list.


A scene further related, which says that at the time of its telling (1873) would be considered rare in a courtroom, but which was characteristic at the time, happened at the fall term of the Court of Common Pleas held in Napoleon, in 1839, the first year of Potter's judicial service. The court at this time occupied the second floor over the kitchen and dining room of the tavern kept by General Leonard. This was a story-and-a-half log house, covering about 16 by 25 feet of ground. The court were seated upon a platform slightly elevated at the end of the room opposite


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the narrow doorway and staircase; and to the right of the court sat the jury, a rough-looking but honest body of men, as fully alive to the responsibilities of their oaths as any twelve men who could probably now be selected to discharge the same duties in Henry County. The jury occupied a single row of puncheon seats, so placed that they could rest their shoulders against the log walls of the building, something after the custom adopted for a class of boys and girls in an old-time spelling school.


"The case on trial was an old one—not as musty, probably, as the chancery suit described by Dickens, `Jarndyce vs. Jarndyce ;' yet it had much odor of antiquity. It was familiarly known to the old habitues of the court sessions, and particularly to the clerk who wrote the docket as 'Morehead vs. Rohn;' and a suit that originated in a claim of plaintiff for a pig, which he valued at two and a half dollars. As near as can be ascertained, the claim was commenced before a justice of the peace some time during the first quarter of the present century (1800) ; and Judge Potter found this case upon his calendar when he held his first court at Napoleon. As regards both parties to the controversy, it will be inferred, all reflections upon the disputed title to the swine aside, that the litigation in its inception and progress developed in both adversaries qualities savoring in an eminent degree of pigheadedness. At this term, all expedients for further delays and postponements having been exhausted, and the uncompromising belligerents having each expended nearly their substance—the `bottom dollar' of both being then visible to the naked eye—there was reason to believe that the conflict would be brought to a final close. Defendant's counsel was an old and able attorney, and extremely punctilious on points of judicial decorum (having himself occupied the bench), and was also possessed of a mercurial and sanguine temperament. The oft-repeated testimony in the case was again rehearsed and closed. The attorney for defendant had labored faithfully for his client, and it now became in order for him to address the jury. It was his habit to wear spectacles not only when he had occasion to refer to and read the law authorities and his manuscript notes, but also during the time occupied in expounding matters to the jury, which he had a peculiar style in adjusting, so arranging them that one of the glasses would cover an eye, while the other would be turned downward, and rest upon his cheek. Hence he would only 'go one eye' on the jury, or on any other given object. It was also his custom to select a


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single juryman, and concentrate his look and speech upon him alone. This he was particular to do in the present instance.


"But it so happened that at one end of the range of puncheon seats occupied by the jury, and that end the head and most conspicuous, as well as most convenient to the grotesque vision of the attorney, there was a vacant space just large enough to seat another man. A spectator who had become weary of standing upon his feet, discovered this opening, and at a moment when the lawyer had paused in his address, and was engaged in a search for some law authority on the table before him, this 'sovereign' quietly took possession of the vacant place. The attorney lifted his countenance from the book, having read his authority; and, not discovering that one had been added to the lawful number of jurymen, resumed his address: 'Gentlemen, of the jury' (looking full in the face, through both eyes—one, as usual, naked, and the other clothed with a lens—at the raw recruit, whom he had mistaken for one of the jury, and, judging from his conspicuous position, very likely the foreman) . 'Gentlemen of the jury, I want to know what this man' (meaning, of course, the plaintiff) las come into court for? Why is he here? Now, I repeat, gentlemen of the jury, why is he here?'


"The self-chosen juror, not doubting that these high-sounding interrogatories were addressed to any other than himself, made haste to utter a tremendous oath, that fairly 'roared in the index' —there were some profane, vulgar people in those days, as there are many now—`I'm around, sir, a witness; have been here these three days, waitin' for my fees, and nary a dime can I git. That's what I'm here for ! Pay me my witness fees, sir, and I'll git out.'


"The attorney was shocked, dumbfounded, and very tremendously insulted. An explosion by members of 'the bar, bench, and others was imminent. The court put on its most elaborate marble front. The brethren of the bar, among whom were the genial and mirth-loving Count Coffinberry, James G. Haley and John C. Spink, struggled manfully to maintain the proprieties; broad grins overshadowed some of the countenances of the jury and spectators; while the unconscious offender sat as one suffering from a momentary paralysis. The irate counsel, choking with passion, and losing sight, in the pangs of his exacerbation, of the wealth of humor involved in the scene, demanded the protection of the court, and the condign punishment of the offender! This appeal was promptly complied with by Judge Potter, so


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far as to say to the man : 'My friend, you will please find a situation a little lower down, and leave this space to the jury.'


"And thus ended this commingled tempest of wrath and merriment, and the attorney, after a while recovering his equanimity, proceeded with his address to the jury."


Willard V. Way of Perrysburg, conspicuous in these early days of the Maumee and Sandusky region, told this of John C. Spink, one of the most brilliant and genial lawyers of the Lower Maumee :


"Some time in the fall of 1834, I was at the old courthouse, on Front Street (Perrysburg), and Spink was riding past on an Indian pony. I had some business with him, and requested him

to stop. He replied that he had an engagement at Sloane's tavern, on the opposite side of the street, and requested that I cross over there, where we would transact our business. I informed Spink that his request was unreasonable, owing to the condition of the streets (at that time there were neither sidewalks nor cross-walks, and a sea of mud extended from the courthouse to Sloane's), and in order to reach there I should be compelled to walk a great distance around. Spink, in a joking way, said that I should get up behind him, on the pony, and ride across. I seconded the joke, and sprang on; my feet, after getting on, reached to the ground. I had scarcely mounted when the pony commenced kicking, and practicing a lively double shuffle, plunging out into the depths of the sea of mud and water ; but it was too late for me to get off without going to my knees in the mud, Spink headed the pony for the tavern, and the beast persisted in doing just what might have been expected of him, if he had been indulging at the bar, and about leaving the tavern. The farther we progressed, the more frantic became the kicks of the pony until we got nearly across the street, and where the mire was deepest, when Spink and myself were tossed over the animal's head into a world of trouble. When we straightened up, we found ourselves completely mud-clad. Spink's face was in a condition to destroy identification by his most intimate friends, and even his mouth was filled. My own plight was equally sorry. As soon as he could speak—both of us standing in the mire facing each other—he stretched himself up as though he were in court, and about to utter the great sentence indicative of triumph in his case, and shouted : 'Way, if we have been wallowing in the mud like two outlaws, we have the proud satisfaction of knowing that we are the two first lawyers in the county'—the point of which


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consisted in the fact that we were the only practicing lawyers in the county at that time."


Mr. Way also related the following: "In 1819 a man was owing Jacob Wilkinson a debt of about nine dollars, payable in fish at the next fishing season. The season came, and the fish were caught; but the debtor sold them, and pocketed the proceeds. Failing to meet his promise, Wilkinson called upon him, but could attain no other satisfaction than that if he wanted the fish, he must catch them himself. In those days there was great leniency on the part of creditors towards poor debtors who could not pay, although the law imprisoning for debt was then in force. Wilkinson considered this man a fit subject for the extreme rigors of the law, and sued him—took judgment, and got out a ca. sa.— and had the debtor arrested, supposing that he would pay the small amount, rather than go to jail. Wood was then attached to Champaign County for civil purposes, and Urbana, about 150 miles distant, was the county seat, to which point the debtor would have to be taken to comply with the writ. The constable started with the prisoner, furnishing him a horse to ride. They proceeded through the woods, having nothing but Hull's trail to follow, by the way of Fort Findlay. At this time there was not a white inhabitant living between the foot of the rapids and Findlay. When they reached Urbana, the jailer refused to receive the prisoner, without payment of a week's board in advance, as the law provided. The constable, not having anticipated this demand, was not provided with the funds, and returned home with the prisoner in his company. It is said the constable's bill against Wilkinson for services and expenses amounted to a little above $150."


Mr. Knapp further says there were several non-resident lawyers who traveled with the Presiding Judge from county to county through the circuit. They were commonly called circuit lawyers. The most prominent were Andrew Coffinberry and James Purdy, both early residents of Mansfield. Spink was the very embodiment of humor, and would turn every incident into fun. He was a genial and happy man in the society of those who could appreciate him. Count Coffinberry was, to all external appearance, as grave as a clergyman; yet he possessed a remarkable degree of humor, and only required some genius to draw his fire, and fun would begin in earnest. And just such a genius was Spink. Both were endowed with rare gifts, and each seemed


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particularly formed for the other; yet two beings more unlike were rarely found.


Each term of Court in Wood County was a carnival of fun for the lawyers. The Presiding Judge and circuit lawyers always put up at Spafford's Exchange, (Perrysburg) where the judge habitually occupied the best sleeping room in the house, a capacious apartment in the northwest corner, over the bar room, to which the lawyers resorted nightly for a social time. The Count, Spink and Way were the chief actors. Way was not naturally humorous, but the Count and Spink had a way of playing about and making him funny in spite of himself, and the three constituted a capital theatrical stock company, including the orchestra, in which the Count represented the bassoon, Spink the violin, and May the trombone, while the Judge would act as stage manager. These entertainments were the most brilliant and hilarious during the time that Judge Potter presided over the circuit. The Judge always preserved inviolate his dignity on the bench, but like a popular country school master would play with the boys out of school hours, and joined heartily in the laughs which his rare fund of humor always produced. The Judge sometimes opened the entertainment by singing his favorite song of "Lord Lovel" which was always received with tremendous applause, and the encore frequently responded to by "Rosin the Bow," in which he was inimitable.


Major McMillen and Olmstead Keeler, father of the noted Ralph Keeler, resided in the county at this time, Keeler near the present village of Weston, for whom the Keeler prairie was named, and McMillen about four miles south of Keeler in Milton township. They were about the first settlers in their respective neighborhoods. In those days the inhabitants were so few =in the country that a large proportion of the population was necessary to make up the two juries and witnesses; consequently they were very often obliged to come to Perrysburg during the periodical terms of Court, but quite as frequently their love of fun brought them to enjoy the holiday merriment of the "Bar Theatre." These entertainments were usually limited to the lawyers, but the rare social qualities and wit of Keeler and the Major, secured them a place among the favored few. On one of these occasions, Keeler emphatically declared he had attained the very finale of happiness, and when the Count had concluded one of his happiest renditions of "Jupiter in love with the Mermaid," Major McMillen pitched from his chair, rolled on the floor, kicked


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up his heels and sang out, "scripture says 'woe unto you, lawyers,' but if this is the way you enjoy life in this world, you can well afford to endure a little scorching in the next."


The good host, Jarvis Spafford, was usually a participant in these festivities, when not engaged in preparing hot punches for the performers.


Quoting another. story, Attorney John C. Spink said that his "maiden speech" when he became a practitioner, was not made before the bar or to a jury, but "before an audience of real maidens" in the Black Swamp, between Perrysburg and then Lower Sandusky (Fremont). He was traveling over the Western Reserve Pike which ran between these two points in company with a young clergyman, and they had put up for the night at a tavern at Sugar Creek west of present Fremont. To use the narrator's own words, at that time the road had not been McAdamized and was one of the very worst to travel, but it was, however, used a great deal. Taverns were all small, log buildings, and travelers were compelled to put up with whatever accommodations they could find. It was late when Spink and his companion reached the tavern; supper was over, and the house crowded with moving families; but the landlord, having an eye to profit, assured them of comfortable quarters, which they gladly accepted. During the preparation of supper, the movers were stowed away for sleeping, as well as possible, though there was but one bed in the house unoccupied by the family. This spare bed room being the cleanest, the female movers were assigned the floor on which to make their beds, of their own bedding, while the bed was reserved for the newly arrived professional gentlemen. The room was small, and dimly lighted by a smouldering fire when they were assigned their bed, to which they were compelled to make way through a sea of women. Arriving there, they discovered the faces of the women all turned upon them, and themselves unable to elude their embarrassing gaze. How to proceed was a problem they could not readily solve, as this was their first adventure in a new country, involving undressing in presence of women.


At length the minister calmly pulled off his coat and asked Spink to hold it stretched out in both hands between him and the women, which he did, and the minister quietly got into bed, covered up and left his legal companion to escape from the difficulty as he best might. Spink was sorely perplexed. He could not get the landlord to come and hold the coat for him, as he had already retired. To get in with his pantaloons on was out of the question


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as they were covered with mud and wet. Had each face been a pointed musket to be discharged the instant he should be divested of his lower garments, he could have been little more terrified. Finally, reflecting that, as a lawyer, he must be compelled to make his living by his wits, he determined to make then and there his "Maiden Speech" to the fair occupants of the floor, which he proceeded to do in about the following language. "Ladies, this is my bed, and I am without means of screening myself from your observation. This is my first introduction to new country life. Probably it is yours also, as you appear to be moving. I hope you will not impute to me rudeness, but I will esteem it a great favor if you will duck your heads while I get into bed." Every face disappeared, while he retired to meditate on his folly in having awakened the slumbering beauties.


"When Judge Hitchcock held his first term of the Supreme Court in Tiffin, Joshua Seney, still remembered, was Clerk of the Court. On the day fixed for the term, and when the Judge was expected, a Mr. Keen and Mr. Seney were sitting in the Clerk's office; and the latter, looking out of the window, observed a rough looking person approaching the office, and, taking him for the same fellow who had been annoying Mr. Keen about the sale of a lot of hay, observed : 'Now, as I am a sinner, if there isn't that same villainous old Irishman coming to torment us again about that hay.' Soon the offensive person entered; the two occupants of the room continuing their conversation without suggesting a seat to the intruder, but expecting every moment to hear a re-opening from the Irishman of the pestiferous hay business. Mr. Seney became considerably embarrassed when the person approached his desk, and, very politely, but in the bearing and tone of voice of one clothed with authority, inquired : 'Is the docket of the Supreme Court in this office? I would like to see it.'


"Although habited in very similar clothing, and bearing upon his head an almost exact duplicate of the old straw hat worn by the Irishman, the stranger was found to be none other than Judge Hitchcock himself."


Knapp again says, that in 1857 a new Sheriff was inducted into, office in Allen. County. He was much inclined to waggery, and plumed himself upon his success in the practical jokes he would get off on his friends. Judge Robb, who habitually took everything in good humor, and had been in several instances his victim, devised the following retaliatory scheme: Seeking a conversation with the new officer, he informed him that it was the


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smallest number of Sheriffs who understood the true form of opening Court. "Now," said Robb, "while our democrats may not like the English government and people altogether, it must nevertheless be admitted that we are indebted to our British ancestry for the fundamental principles of our admirable system of jurisprudence. The more closely we adhere to their venerated forms, the more imposing and sublime appears the administration of justice." The Sheriff concurred in this view, and the Judge then proceeded to drill the officer as to the true method of opening Court—and having learned to "speak his piece," Judge Metcalf and the bar and spectators were electrified next morning to hear the new Sheriff proclaim,, in stentorian voice, in response to the order to open Court :


"Oh yes ! Oh yes ! ! Oh yes!!! All manner of persons having anything to do with this Court of nisi prius, held in this County of Allen, will draw near and give attention. God save the Queen !"


At the April term, in 1847, of the Mercer County Court, a hog case was tried before Judge Patrick G. Goode. The arguments of counsel had been concluded, the charge of the Court had been made, and the case submitted to the jury within a few minutes of the regular dinner hour, and they were ordered into their room. The Court then adjourned until after dinner. Within a few minutes one of the jurymen, Cyrenius Elliott, (a rough-hewn, specimen, but withal a young man possessing more than average ability and coolness), entered the room of the hotel where the Judge was seated. The latter regarded Elliott with much surprise, and excitedly inquired : "What are you doing here? Have the jury agreed?"


"Jury agreed?" hissed Elliott ;"you must be a fool to ask the question. You must understand, Pat Goode, that I don't believe much in the divine right of Kings, or in the infallibility of Courts, when run by such men as yourself. Your right way was to have let us had our dinners before sending us into the jury-room, knowing, as you must, if you had good sense, that jurors have stomachs as well as judges and lawyers."


The Judge, in a towering rage, threatened that his first business, immediately after the re-assembling of the court, would be to visit upon Elliott the severest penalties of the law; to which the juryman, with much sang froid responded, that it was not necessary for him to wait until after the meeting of the Court to make a more flagrant Muggins of himself than he had already shown himself to be.


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Upon re-opening Court, however, the Judge, reflecting that the law was inadequate to punish, as he thought they deserved, the recusant jurors, made the disposition of the case with the entry: "and the jury not being able to agree, dispersed; and the case was continued to the next term."


One of the early lawyers of Findlay was John H. Morrison, a character well adapted to the people and the times in which he lived. His right arm had returned to its native dust some half century before the main trunk perished, says Knapp. His natural gifts were good, and a noble heart was ever lodged on the left side of his vest. Judge M. C. Whiteley recalled the following of him : During a term of Court at Findlay, he had a case in which he manifested much interest, and after the evidence had closed he felt that the cause of his client was lost, and opened his address to the Court and jury with the following declaration : "May it please the Court: By the perjury of witnesses, the ignorance of the jury, and the corruption of the Court, I expect to be beaten in this case." The Judge (Patrick G. Goode) turned to the counsel and inquired : "What is that you say, Mr. Morrison?" The latter promptly replied : "That's all I have to say on that point," and proceeded in his remarks to the stupid jury.


Judge Whiteley also remembered the following remarkable replevin case : A husband and wife whose domestic wrangles had led to a separation, were the parents of a single child, the exclusive possession of which was sought by both husband and wife. The mother, however, had maintained her charge of it. The father applied to Morrison for counsel, and was advised to get out a writ of replevin ! The proceedings had reached the point when it became necessary for the Sheriff to summon two persons to appraise the "property." These first could not fix a value upon the child; they were dismissed and yet others summoned, with the same result; and while a third effort to establish a value was pending, a brother of the mother seized the child, and placing it before him on his horse, pushed the animal forward upon his highest rate of speed, and soon was at a distance that would render successful pursuit impossible. "There !" exclaimed Morrison, "there goes my case ! I could replevin the devil out of hell if I could only get appraisers to put a value upon him."


The Hon. William Mungen told this: When an early term of the Supreme Court was held at Findlay, Judge Wood presiding, (perhaps his first visit to Hancock) he, in company with John C. Spink, Andrew Coffinberry, (better known as the old


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Count), Jude Hall, J. M. May and some others, at the close of the District Court left Findlay on horseback, for Kalida or Defiance. They had saddle-bags, in which about all the law books in this part of the country were packed and carried around with the Court in its migrations. After getting down the river some twelve miles, they called a halt at a house to get some water to wash down their "drink." They hitched their horses to the fence and went into the yard. About the time the Court was washing down his drink, one of the horses reached his nose over the fence, and upset a bee-hive, which stood just inside. The scene which followed was a lively one. The horses struck for the "tall timber," and soon the saddle-bags were emptied of their contents. The party followed in pursuit of the fugitive horses, which they succeeded, after much delay and racing through the woods, fuming and fretting, in recovering; though the "library," saddlebags, bridles, &c., had suffered considerable damage.


CHAPTER LXI


NORTHWESTERN OHIO IN WARS AFTER 1812


MEXICAN WAR-THE CIVIL WAR-SPANISH - AMERICAN C O N F L I C

WORLD WAR-THE AMERICAN LEGION


All military affairs concerning the Maumee and Sandusky Region up to and including the War of 1812, have been previously written about under various headings. The war with Mexico, the Civil war, the war with Spain, and Northwestern Ohio in the World war, will here be considered in their order.


The war with Mexico continued from 1846 to 1848. It was mostly during the administration of James K. Polk as president. At the beginning of the trouble Tom Corwin was Governor of Ohio and when he resigned the office to accept his Mexican mission, Thomas W. Bartley, speaker of the Ohio House became governor, acting in that capacity for nine months in 1844. He was succeeded as governor by his father Mordecai Bartley, making the only time in the history of the state where father and son filled that office. Mordecai Bartley was elected in 1844 and supported the national administration during the Mexican contest, although personally he was opposed to the war policy.


War against Mexico was declared May 13, 1846, but hostilities before this time had been commenced by Mexico. Her troops had crossed to the east bank of the Rio Grande, and on the 8th of May occurred their engagement with the United States forces under General Zachary Taylor at Palo Alto. Even in a local history it may be well to speak of the events leading up to the conflict. Most of now Texas was originally within the Province of Louisiana. In 1819, when Spain ceded Florida to the United States, all that part of the Louisiana Purchase included within the limits of Texas, which then extended northward to the forty-second parallel, was turned over to Spain in return therefor. As a sort of a buffer state between the Spanish settlements and the United States, Texas had, prior to that time, been left unpopulated.


Quoting another writer on the subject : "After Mexico wo her independence in 1821, the new government adopted the polic


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of developing the region so long neglected. To inaugurate this policy, Moses Austin, of Connecticut, was granted a large tract of land, on condition that he establish a colony of not less than three hundred American families thereon. He died soon afterward, but the land grant was confirmed to his son, Stephen Austin, who was given the privilege of increasing the number of families to five hundred. Under this arrangement, the nucleus of American settlement was planted in Texas during the next two years.


"On October 4, 1824, the people of Mexico adopted a constitution, under which the Mexican Republic was formed. It was composed of separate states, one of which included the territory now comprising the State of Texas and the Mexican State of Coahuila. This state adopted a constitution modeled after those of the states of the American Union. During the next ten years the number of American settlers greatly increased. In 1835 a military revolution broke out in the City of Mexico, which was powerful enough to subvert the constitution of the republic dictator. Upon his order the Mexican Congress issued a decree converting the states into mere departments of a central government. Such a policy did not meet the approval of the American settlers and the Austin colony soon became arrayed in opposition to the military dictator. Under the leadership of Gen. Samuel Houston, of Tennessee, these Americans instituted an armed revolt in 1835 and on March 2, 1836, they promulgated a declaration of independence, to the effect that ‘all political connection with Mexico is forever ended and the people of Texas do now constitute a free, sovereign and independent republic.'


"General Santa Anna, who had succeeded Barragan as dictator, was then marching with an armed force against the Texas revolutionists and four days after the adoption of the declaration of independence occurred the historic massacre of the Alamo. This dastardly deed was avenged on April 21, 1836, in the battle of San Jacinto, where the Mexicans were ingloriously defeated by the Texans under General Houston. Santa Anna was captured and the following month, while still a prisoner, he entered into a treaty recognizing the independence of the Texas Republic, with the Rio Grande as the western 'boundary. The constitution of Texas was ratified by the people in September, 1836, and General Houston was elected president.


"More than one hundred thousand emigrants from the United States had settled in Texas prior to the recognition of the republic


4-VOL. 2


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by General Santa Anna. After the adoption of the constitution it was not long until President Houston and others opened negotiations for the annexation of the republic to the United States. They called attention to the fact that the United States had in the past made repeated offers to purchase the territory, but all such offers had been rejected by Mexico, and that now was an opportunity to acquire all the country down to the Rio Grande on easy terms.


"In the United States sentiment was divided. While many were in favor of annexation, others argued that to annex Texas was to invite a war with Mexico. The Democratic National Convention of 1844 adopted a platform declaring in favor of annexation and nominated James K. Polk, an intimate friend of General Houston, as the party's candidate for President. The Whigs nominated Henry Clay as their candidate and declared themselves as 'unalterably opposed to the annexation of Texas.' Thus the issue was placed squarely before the people.


"Polk was elected and the people having expressed themselves in favor of annexation, Congress on March 1, 1845, passed the annexation bill, which was immediately signed by President Tyler, three days before Polk was inaugurated. The bill became effective. These conditions were accepted by an almost unanimous vote and the Texas Republic became a part of the United States. On December 29, 1845, Texas was admitted into, the Union as a State.


"The annexation and admission of Texas were displeasing to the Mexican Government, which for ten years had entertained hopes of regaining possession of the territory. It soon became apparent that the Whig prophecy that to annex Texas was to, invite a war with Mexico was likely to be fulfilled. 'Early in 1846 General Arista began the mobilizing of a large Mexican force directly south of the Rio Grande. At that time the military forces of the United States in the Southwest were commanded by Gen. Zachary Taylor, who was ordered to take possession of the country down to the Rio Grande and hold it against the Mexicans until the boundary question could be settled.


"With his 'Army of Occupation' Taylor moved into Texa After establishing a depot of supplies at Point Isabel, on the Gulf coast about thirty miles east of the mouth of the Rio Grande, h moved over to that stream and built Fort Brown (now Brown via) opposite the Mexican Town of Matamoras, where Gener Arista had his headquarters. Taylor's daring spurred the Mex


TOLEDO AND THE SANDUSKY REGION - 1177


can commander to action. He invaded Texas, but was defeated in the battles of Palo Alto and Resaca de la Palma. News of these engagements awakened the war spirit throughout the United States. With the exception of a few leaders, the Whigs forgot the old political differences of opinion regarding annexation and men of all parties offered their services to put a stop to Mexican aggression. On May 11, 1846, two days after the battle of Resaca de la Palma, Congress declared that 'war already exists by act of the Mexican Government.' The sum of $10,000,000 was placed at the' disposal of the administration and the President was authorized to accept the services of 50,000 volunteers. President Polk approved the act on May 13, 1846, and called for eighty-seven and a half regiments—the half regiment to be furnished by the District of Columbia and the others to be made up of volunteers and militia in the several states." Ten regiments were to be assigned to the regulars.


The war as noted was not popular at the outset, but eventually became so from the fact that "all wars with foreign nations become popular." As for Ohio this anti-war sentiment was strong because the conflict was thought to be in the interests of the extension of slavery. In fact this was at first the general northern sentiment. However, when President Polk asked for three regiments from Ohio, Governor Bartley in his proclamation of May 20, 1846, appealed to the "courage and patriotism of the people of the state" to answer the call. Headquarters were established at Fort Washington, near Cincinnati, by Samuel R. Curtis, Adjutant General of Ohio to which point all companies were ordered to proceed as soon as organized. In less than two weeks after the President's call, three thousand of Ohio's patriots were on the march for the appointed rendezvous. The same month that the governor issued his appeal more troops arrived at Fort Washington than the quota called for and many were disappointedly turned homeward. Thirty companies had been ordered organized into three regiments of infantry, but recruiting continued until five infantry regiments were formed, fifteen independent companies of infantry, five companies for the regular Fifth United States Infantry and one company of United States Mounted Riflemen. In all there were from Ohio in the Mexican war, officers and men, some seven thousand troops, not including those in the navy.


Evidently every county in the Maumee and Sandusky valleys furnished troops for the Mexican service, most of them their full


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quota or more according to population. Basil Meek regarding the Sandusky County contingent wrote as follows in 1909:


In the spring of 1847 Capt. Samuel Thompson of Lower Sandusky, .a veteran of the War of 1812, who was wounded at the Battle of Lundy's Lane, raised a company of volunteers for the Mexican war, known as Company C, the commissioned and non-commissioned officers of which were as follows:


Captain, Samuel Thompson; First Lieutenant, Isaac Knapp; Second Lieutenant, George M. Tillotson; Second Lieutenant, Lewis Leppelman; Orderly Sergeant, Isaac Swank; Sergeant, Thomas Pinkerton; Sergeant, Michael Wegstein; Sergeant, James R. Francisco; Corporals, John Williams, John M. Crowell, Benjamin Myers, Edward Leppelman; musicians, Grant Forger-son and Charles Everett.


There were seventy-six privates in this company. The company being ordered to report at Cincinnati, traveled by wagon from Lower Sandusky to Perrysburg and thence by the Miami Canal in canal boats to Cincinnati. In June, 1847, they were mustered into service as Company C, in the Fourth Regiment of Ohio Volunteers, then forming in that city, officered as follows:


Colonel, Charles H. Brough; Lieutenant-Colonel, Augustus Moore,; Major,, William P. Young; Surgeon, Oliver M. Langdon; Assistant Surgeon, Henry E. Foote.


Besides the men enlisted by Captain Thompson, there were eighteen recruited by Captains Amos C. Bradley and J. A. Jones, in the year previous, among whom were Andrew Kline and his brother Lewis Kline and John Foltz, members of Company F, of the First Regiment 0. V. I., making in all, who volunteered from Sandusky County, about one hundred and ten men.


This regiment went from Cincinnati to New Orleans, thence to Brazos, Santiago, and from that point marched to the mouth of the Rio Grande and was transported thence to Vera Cruz, where it became part of the brigade of Maj.-Gen. Joseph Lane. From there Captain Thompson, owing to disability, was compelled to return home, and from that time the command of the company devolved upon Lieutenant Knapp, through the entire service.


General Lane's brigade left Vera Cruz September 10, 1847, and arrived at National Bridge about the 23d of the month, and passing through the City of Jalapa, September the 30th, reached Puebla on the 12th of October; Puebla was garrisoned by the Americans, commanded by Colonel Childs, and was in a state of


TOLEDO AND THE SANDUSKY REGION - 1179


siege, by a large force under command of General Santa Anna. When Lane arrived, an engagement took place there, in the streets, in which Company C of the Sandusky County boys participated. The Mexicans were defeated and the garrison relieved.


The Fourth Regiment remained at Pueblo until after the treaty of peace was ratified, and on June 2, 1848, left for home, arriving at Cincinnati the latter part of July, where the soldiers were finally discharged; the Sandusky County soldiers, homeward bound, reached Tiffin by railroad, going thence to Lower Sandusky by wagon.


There were but few sound men in the ranks when they reached home, and a number died from disease contracted in the service; many others were enfeebled during the remainder of life. Of the men who enlisted from Sandusky County only four are now (1909) known to be living, Andrew Kline and Jacob Faller of Fremont; Lewis Kline, of Michigan, and John Foltz, now of Henry County, and in the Soldiers' Home at Sandusky.


A company was raised in Lucas County and the Maumee Valley, known as the "new regulars," commanded by Capt. Daniel Chase, of Manhattan. It was designated as Company B, Fifteenth Regiment, United States Infantry. The first lieutenant was a Mr. Goodloe and the second lieutenant was J. W. Wiley of Defiance. Daniel Chase was a large landholder and the president of the Bank of Manhattan, and was one of the organizers of the East Manhattan Land Company. Captain Chase on the departure of the troops was presented with a sword by Judge Myron H. Tilden on behalf of the citizens. The company left Toledo for the South May 18, 1847, and was escorted to the steamboat by the old Toledo Guards. Lieutenant Goodloe was killed in battle, and Wiley, evidently promoted to a captaincy, was court-martialed and dismissed from service for fighting a duel with another officer. The company was in the thick of the battles around Mexico City and suffered severe losses. The roll of honor is as follows:


Chester G. Andrews, killed in battle near the City of Mexico, August 20, 1847.


Jonas G. Anglemyer, died of wounds received at the storming of Chapultepec.


John Ball, died in hospital at New Orleans, Louisiana, August 20, 1847.


Edward Bennett, died in hospital at Puebla.


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Solomon Blenbaugh, died in hospital at the City of Mexico, October 6, 1847.

Charles Carroll, died in hospital at Puebla.

Joseph F. Clark, wounded in battle near the City of Mexico, August 20, 1847, and died a few days later.

Chauncey Crego, died in hospital at San Borgia, September 3, 1847.

Joseph Cummings, died in hospital at Puebla. William Davis, died in hospital at Puebla.

Samuel Garrison, died in hospital at Puebla.

William Gee, died in hospital at Puebla.

Robert Graves, killed in action at the City of Mexico, September 14, 1847.

_____ Hann, died at hospital at Puebla.

Joseph Hickory, died in hospital at Vera Cruz, June 22, 1847.

George Holder, died in hospital at Puebla.

George W. Hough, died in hospital at Perote, July 15, 1847.

Isaac L. Huyck, died in hospital at Chapultepec, November 19, 1847.

Samuel Jennings, died in field hospital near Jalapa, June 26, 1847.

Robert Kinkley, died in hospital at Puebla.

Thomas L. Kolloch, died in hospital at Chapultepec, December 15, 1847.

Thomas Marks, died near Santa Fe, June 19, 1847.

Jacob Reid, died in hospital at Perote, July, 1847.

William Reigert, died in hospital at Puebla.

David Robinson, died in hospital at Chapultepec, November 19, 1847.

Noble Robinson, died in hospital at Perote, July 3, 1847.

James W. Skoen, died in hospital in the City of Mexico, September 27, 1847.

John Sleath, killed in action near the City of Mexico, August 20, 1847.

Charles Smith, died in hospital at Puebla.

Ephraim Smith, died in hospital at Puebla.

Leander P. Stoddard, died in hospital at Puebla.

Aaron Strevor, died in hospital at Puebla.

Charles Tupel, died in hospital at Puebla.

Calvin Waggins, died in hospital at Puebla.

Captain Chase was wounded in the storming of Chapultepec, was honorably mentioned in the report of General Scott and later


TOLEDO AND THE SANDUSKY REGION - 1181


commissioned Colonel in the regular service. He was in the Civil war and did valiant service, was in 1865 placed upon the retired list with the rank of colonel at the age of sixty-four years and died in Toledo, June 24, 1877. Company C of the Fifteenth Regiment was under Capt. James A. Jones of Norwalk.


James F. Chapman of Tiffin was captain of Company F of the Third Regiment organized at Camp Washington in. June, 1846. They were mustered out of service June 23, 1847, at New Orleans. John Caldwell organized an independent company in May, 1846, which was mustered out at Bucyrus,. October 26, 1847.


The United States Mounted Riflemen, under Capt. Winslow F. Sanderson, was formed from the young patriots of Columbus, Norwalk and Wooster, in May, June and July, 1846. It was known as Company B.


Among the stirring scenes in Toledo and along the route of the Miami and Erie canal during the Mexican war, was the passing of the Michigan troops through Toledo, where they boarded canal boats for Cincinnati and Camp Washington.


CIVIL WAR


To give the detailed story of the Maumee and Sandusky Valleys in the Civil war, would in itself require a whole volume. When the Ohio Legislature met on the first Monday of January, 1861, by the passage of the Ordinance of Secession, South Carolina had left the Union and other southern states were preparing to follow. The "Committee of Thirty-three" appointed by Congress in the interests of peace had made its report and Ohio was in sympathy with the measure. In consequence the Ohio Assembly adopted a series of joint resolutions, a synopsis of which is as follows: 1. The people of Ohio believe that the preservation of this Government is necessary to the peace, prosperity and safety of the American people. 2. The general Government cannot permit the secession of any state without violating the bond and compact of the Union. 3. The power of the National Government must be maintained, and the laws of Congress enforced in the states and territories until they are repealed by Congress, or they are pronounced unconstitutional by the proper tribunal. All attempts by state authorities to nullify the constitution and the laws of Congress, or resist their execution, are destructive of the wisest government in the world. 4. The people of Ohio are opposed to interfering with the internal affairs of other states. 5. The people of Ohio will fulfill in good faith all their obligations


1182 - STORY OF THE MAUMEE VALLEY


under the Constitution of the United States, according to their spirit. 6. Certain offensive laws in some of the states are rendered inefficient by the Constitution and laws of the Federal Government which guarantee to the citizens of each state the privileges and immunities of the several states. The several State Governments should repeal these offensive laws, and thus restore confidence between the states. 7. All Union men condemn the Secession Ordinance. 8. We hail with joy the firm, dignified and patriotic message of the President, and pledge the entire power and resources of the State for a strict maintenance of the Constitution and laws by the general Government, by whomsoever administered.


The foregoing resolutions were adopted almost unanimously. A few extreme Democrats voted against their adoption.


The second day after the inauguration of President Lincoln he announced the nomination of Sen. Salmon P. Chase of Ohio for Secretary of the Treasury, and upon the resignation of Mr. Chase as Senator presented. to Governor Dennison, on March 26, the Legislature elected John Sherman his successor, then in Congress. The news came February 12, 1861, that Fort Sumter was being fired upon. Randall in his history refers to the "Reminiscences of the Civil War" by Gen. Jacob D. Cox, who Was at the time a member of the Ohio Senate. Cox wrote that "Suddenly a Senator came in from the Lobby in an excited way and catching the chairman's eye exclaimed, 'Mr. President, the telegraph announces that the secessionists are bombarding Fort Sumter!' There was a solemn and painful hush, but it was broken in a moment by a woman's shrill voice from the spectators seats crying, 'Glory to God !' It startled every one almost as if the enemy was in their midst. But it was the voice of a radical friend of the slave, who after a lifetime of public agitation, believed that only through blood could freedom be won.


"Abby Kelly Foster, who had been attending the session o the Assembly urging the passage of some measure enlarging the legal rights of married women, and sitting beyond the railin when the news came in, shouted a fierce cry of joy that oppression had submitted its cause to the decision of the sword."


The militia of Ohio was practically a nonentity, but she ral lied nobly and through the Legislature made Ohio one of the fore most defenders of the Union. James A. Garfield was at the time the leader of the Ohio Senate and with Jacob D. Cox and James Monroe, made up the "Radical Triumvirate."


TOLEDO AND THE SANDUSKY REGION - 1183


As for Northwestern Ohio, when the news spread that actual hostilities had begun, patriotism was boundless. Citizens everywhere rallied to the support of the Union, and the press and pulpit proclaimed the cause of loyalty. The following editorial calling for a united people in support of the Republic appeared in the Toledo Blade of Saturday, April 13th, 1861, the day after the bombardment of Fort Sumter opened and even a day before, President Lincoln issued his call for 75,000 volunteers :


"The blow is struck! The time when the friends of Constitutional Government and Civil Liberty must take their position for or against the Government has arrived ! The enemies of the Union and of Freedom have at last reached the point where they feel warranted in opening hostilities upon the Government they are bound by every consideration of loyalty and patriotism to support. * * * All that forbearance and moderation on the part of the friends of order could do, has been done to avert this shocking calamity. The history of the world furnished no parallel to either the madness of the offenders or the forbearance of the Government. In any other country on the Globe it would have been impossible for deliberate, protracted and extended armament against the Government to be carried forward openly and undisguisedly for months, as was the case in this instance.


"The practical question now for every citizen, is 'What is duty?' * * * We make no partisan appeal. We speak not to Republicans or to Democrats—native or foreign born—but to American Citizens, of all classes and divisions. There can be but one answer from an American heart, and that will be a prompt and patriotic pledge of support to the measures which the Government, or the chosen representatives of the nation, shall devise for the vindication of its authority and the preservation of our liberties. The man who takes this position, will be of the party of patriots—no matter what his past designation or association. And he who refuses to do so, should be known as a tory and a traitor to his country and his duty.


"In our own section we look for a unity of sentiment and action, which will nerve the hearts and sustain the hands of those in charge of the Government, and leave no doubt as to the position of Northwestern Ohio in this crisis. And here let us suggest that immediate steps be taken by our citizens, without distinction of party, to give expression to public sentiment on this great question."


The appeal of the Blade voiced the public sentiment. Hardly


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had the ink dried on the patriotic words when some two hundred of the leading citizens of Toledo signed a call for a public meeting to be held that evening, April 15th, at the Union Depot, on the Middle Grounds. Concerning the meeting the Blade said further:


"The call in this paper for a public meeting at the Depot this evening, to one familiar with the names it bears, will testify to the universality of the Union feeling here. Men prominent in every walk of life, and more or less active in each of the political parties, have cheerfully and promptly pledged themselves to stand by the right. All semblance of partyism has disappeared and everybody is ready to express confidence in and sympathy with the Administration. Already do we hear of volunteers seeking opportunity for enlistment, and, should a call be made, we doubt not large numbers could readily be obtained."


It was the same day President Lincoln called for 75,000 volunteers and before the news reached Toledo. Stirring addresses were made at the meeting by James B. Steedman, H. S. Cornmager, Morrison R. Waite and others. Steedman and Commager later became generals in the service and Waite, Chief Justice of the U. S. Supreme Court. Burning resolutions were adopted and the people shouted their approval. Again, on April 18th, the Blade said, "The work of enlistment is progressing here actively, and the enthusiasm is more general and deeper than at any former time."


Philharmonic Hall on Summit Street was turned into an armory and "Patriotic Headquarters" and according to the Blade again, "Many of our citizens are awaiting instructions from General Carrington, Adjutant General of Ohio, as to the mode of raising troops. Persons requiring information, may call on Gen. C. B. Phillips, Gen. J. B. Steedman or George P. Este."


The first company of Lucas County Volunteers was sworn in on April 17. Sheriff Henry D. Kingsbury, George P. Este, E. P. Bassett and John A. Chase were each raising a company and it was stated that a regiment would be recruited in the military district within a week. On the 19th a committee, consisting of Robert H. Bell, Joel W. Kelsey and Augustus Thomas, announce that the citizens of Toledo had contributed sufficient funds defray "the immediate necessary contingent expenses of the co panies organizing in Toledo."


James B. Steedman was one of the very first to volunteer hi services, offering to raise a full regiment in ten days; and he was successful. By April 24th "The Northwest Ohio Regiment," a


1186 - STORY OF THE MAUMEE VALLEY


it was at first designated, was ordered by him to proceed on the following morning for rendezvous at Cleveland. D. H. Nye was detailed as quartermaster. At 7 A. M., the companies were to form on Magnolia and Superior streets, as follows: 1. Toledo Guards, Captain Kingsbury, ninety-seven men; 2. Toledo Cornpany, Captain Este, 124 men ; 3. Bryan Company, Captain Fisher, 115 men; 4. Defiance Company, Captain Sprague, 103 men ; 5. Stryker Company, Capt. E. D. Bradley, 123 men; 6. Napoleon Company, Captain Crawford, 125 men ; 7. Antwerp Company, Captain Snock, ninety-seven men ; 8. Wauseon Company, Captain Barber, 116 men ; 9. Waterville Company, Captain Dodd, 102 men ; 10. Toledo Company, Captain Kirk, 114 men; Total, 1,116 men. Gen. Chas. W. Hill acted as adjutant, assisted by Gen. C. B. Phillips and Lieut. J. W. Fuller. The foregoing order was carried out.


Concerning the occasion, the Toledo Blade reported that "Never has our city experienced such a day as the present. At early dawn, the people from the country began to arrive in immense crowds, and the firing of cannon aroused our own citizens from their slumbers, and by 9 o'clock there must have been 10,000 people on the streets. At the railroad depot the scene was truly grand. The crowd filled the entire space devoted to passenger trains, but after energetic effort by the police, a passage was made and the troops, in sections, marched to the cars. The regiment numbered 1,058 men, all told, composed mainly of young men. At 8 a. m. religious services had been conducted on the parade ground by Rev. H. B. Walbridge, of Trinity Episcopal Church. Much disappointment was felt by the Waynesfield Guards, Lieut. R. B. Mitchell, commanding, that the offer of that Company has not been accepted by the President." At Cleveland, regimental officers were chosen, as follows: Colonel, J. B. Steedman ; Lieutenant-Colonel, Geo. P. Este; Major, Paul Edwards. Geo. W. Kirk succeeded Captain Edwards in command of his company, as did Lieutenant Van Blessing supersede Captain Este. Upon organization at Camp Taylor, Cleveland, the Northwestern Regiment became the Fourteenth Ohio. It left camp for Marietta, via Columbus, on May 22nd, where it arrived on the 24th.


Enlistments at first were for the three months service, under the call of President Lincoln for 75,000 men, but the later enlistments were all for the full term of three years. At the end of th first year, the number of enlistments from the counties of North


TOLEDO AND THE SANDUSKY REGION - 1187


west Ohio were as follows: Allen, 776; Auglaize, 565; Crawford, 448; Defiance, 410 ; Fulton, 654 ; Hancock, 747; Hardin, 694 ; Henry, 526; Lucas, 1,108; Marion, 579; Mercer, 556; Ottawa, 325; Paulding, 254; Putnam, 337; Sandusky, 789; Seneca, 938; Van Wert, 361; Williams, 682; Wood, 740; and Wyandot, 759.


Under Governor Tod the work of raising the army regiments was assigned to districts so that neighbors and acquaintances would be associated together in the same companies, and enlistments increased. According to the arrangements of districts, Mercer County contributed to the Ninety-fifth Regiment. The Ninety-ninth was composed in part of companies from Mercer, Auglaize, Hardin, Allen, Van Wert, Putnam, and Hancock, the only outside county being Shelby. This regiment had its rendezvous at Camp Lima. Seventeen hundred men were recruited for it, of whom 700 were transferred to the One Hundred Eighteenth. The One Hundredth Regiment was raised entirely within this section, from the counties of Paulding, Defiance, Henry, Wood, Sandusky, Williams, Fulton, Lucas and Ottawa. Its rendezvous was at Camp Toledo. The One Hundred First Regiment was formed from the counties of Wyandot, Crawford, Seneca, Huron and Erie, and rendezvoused at Monroeville. Recruits for the One Hundred Tenth were raised in Paulding, Defiance, Henry, Wood, Sandusky, Williams, Fulton, Lucas and Ottawa, with their assembling point at Toledo. A company from Marion was added to the One Hundred Twenty-first, while Wyandot, Crawford and Seneca each made large contributions to the One Hundred Twenty-third. The famous Forty-ninth Regiment, of which General Gibson was commander, was raised in Seneca and adjoining counties. The rendezvous was established at Camp Noble, near Tiffin. Eight of its officers were killed in battle, and twenty wounded. The same may be recorded of the Seventy-second, raised by General Buckland. The Eighty-second Regiment was mustered into service at Kenton. The Sixty-eighth was composed largely of volunteers from Fulton, Williams, Paulding and Defiance counties. This command rendezvoused at Napoleon, in the latter part of 1861. The Fifty-seventh Regiment was organized at Findlay, in September, 1861. In the following year the One Hundred and Eleventh Infantry was organized at Toledo, and was entirely a Northwest Ohio command. It was made up of men from Wood, Lucas, Sandusky, Fulton, Williams, and Defiance counties, and became known as "Sherwood's Regiment."


There were many representatives from Northwestern Ohio in


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the 128th, 130th, 182nd, 184th and 189th Infantry and in the Third Ohio Cavalry


April 19, 1861, a "war meeting" was held at Perrysburg in Wood County at which J. F. Price, attorney presided. Patriotic addresses were made by H. H. Dodge, Asher Cook, James R. Tyler, W. V. Way, all attorneys; also Jesse S. Norton, E. Graham, F. R. Miller, Rev. G. A. Adams, James W. Ross and Gen. W. Houston. Stirring resolutions were passed and on April 27, the Perrysburg Volunteers left that place on the steamer Belle for Cleveland, under the name of the "Fort Meigs Rifles." Miss Ella Baird presented the flag. There were early volunteers from all parts of Wood County, a meeting at Bowling Green being addressed by several well known citizens. There were the "Gilead Worth Guards" and recruiting was carried on at Bowling Green and other points. A cavalry company was organized in Webster township under Capt. M. Brewster and encamped at Bowling Green awaiting orders. Arnold McMahan entered upon the work of enlisting men and opened a camp at Findlay.


The soldiers who went from Sandusky County served in more than 120 different regiments or independent organizations. They served in the following regiments of infantry volunteers : 2d, 4th, 5th, 8th, 11th, 14th, 18th, 19th, 21st, 23d, 24th, 25th, 28th, 29th, 32d, 33d, 34th, 36th, 37th, 39th, 41st, 43rd, 49th, 50th, 52c1, 55th, 56th, 57th, 58th, 60th, 64th, 65th, 66th, 68th, 69th, 70th, 72d, 74th, 82d, 86th, ,100th, 101st, 103d, 105th, 107th, 110th, 111th, 123d, 126th, 128th, 129th, 176th, 177th, 180th, 181st, 185th, 186th, 188th, 189th, 191st; 195th, 196th, 197th and 198th.


About seventy per cent of the men of military age from Sandusky County were in the service. The number from the various townships excluding the 100-day men were reported as follows: York, 176; Townsend, 103; Green Creek, including Clyde, 351; Riley, 79; Ballville, 231; Sandusky, then including Fremont, 593 ; Jackson, 110 ; Washington, 189; Scott, 135; Madison, 86; Woodville, 149; Rice, 100; Total 2,302. This per centage would hold good for practically every county in the Maumee and Sandusky valleys. To give details is of course impossible. Rousing meetings were held at Findlay, Tiffin, Defiance, Napoleon, Bryan, Wauseon, Port Clinton, Upper Sandusky, Ottawa, in Paulding County, and at various points in the Northwestern Ohio counties.


On April 15, 1861, at a meeting at the courthouse in Findlay, seventy-two men enlisted for service. The Fifteenth Ohio Infan-


1190 - STORY OF THE MAUMEE VALLEY


try was one of the first to respond to the call for three months service, it was completed May 4th, and several of its companies were recruited from this territory. At the end of its short service nearly all the men re-enlisted and in 1864, those who survived re-enlisted again the vacancies being filled by new recruits.


During the four years of the conflict which drained the life blood of the country, there were no battles or important contests in which men from Northwestern Ohio did not have a part. In all of the more than two hundred Ohio regiments, the Maumee and Sandusky country had their representatives. The whole number of enlistments in this section from the beginning of hostilities to September 1, 1862, were as follows : Allen, 1,411; Auglaize, 1,102; Crawford, 1,161; Fulton, 931; Defiance, 813; Hancock, 1,260; Hardin, 1,197; Henry, 704; Lucas, 2,143; Marion, 929; Mercer, 814 ; Ottawa, 575; Paulding, 458 ; Putnam, 869 ; Sandusky, 1,403; Seneca, 2,001; Van Wert, 685; Williams, 975; Wood, 1,487; and Wyandot, 1,304.


Of the notable officers furnished from this section were, James B. McPherson and James B. Steedman, major-generals. Those brevetted with that rank at the end of the war, were Rutherford B. Hayes, Charles W. Hill and John W. Fuller. Among the brigadier-generals was Ralph P. Buckland of Fremont. Those brevetted with the latter rank were : William H. Gibson, Isaac R. Sherwood, Henry S. Commager, Isaac M. Kirby, John C. Lee, Americus V. Rice, and Patrick Slevin.


GENERAL JAMES BIRDSEYE MCPHERSON


James B. McPherson was a major-general of volunteers and commander of the Army of the Tennessee, and of the highest military rank in the Civil war from the Maumee and Sandusky Region. General McPherson's affection for his family was unusually strong, and they were rarely absent from his thoughts, When the news of his death reached Clyde the following touching correspondence ensued :


"Clyde, O., Aug. 5, 1864.


"To General Grant:


"Dear Sir,—I hope you will pardon me for troubling you with the perusal of these few lines from the trembling hand of the aged grandma of our beloved Gen. James B. McPherson, who fell in battle. When it was announced at his funeral, from the public print, that when General Grant heard of his death, he went into his tent and wept like a child, my heart went out in thanks to


TOLEDO AND THE SANDUSKY REGION - 1191


you for the interest you manifested in him while he was with you. I have watched his progress from infancy up. In childhood he was obedient and kind; in manhood, interesting, noble and perservering, looking to the wants' of others. Since he entered the war, others can appreciate his worth more than I can. When it was announced to us by telegraph that our loved one had fallen, our hearts were almost rent asunder; but when we heard the Commander-in-Chief could weep with us too, we felt, sir, that you had been as a father to him, and this whole nation is mourning his early death. I wish to inform you that his remains were conducted by a kind guard to the very parlor where he spent a cheerful evening in 1861, with his widowed mother, two brothers an only sister, and his aged grandmother, who is now trying to write. In the morning he took his leave at six o'clock, little dreaming he should fall by a ball from the enemy. His funeral services were attended in his mother's orchard, where his youthful feet had often pressed the soil to gather the falling fruit; and his remains are resting in the silent grave scarce half a mile from the place of his birth. His grave is on an eminence but a few rods from where the funeral services were attended, and near the grave of his father.


"The grave, no doubt, will be marked, so that passers-by will often stop and drop a tear over the dear, departed. And now, dear friend, a few lines from you would be gratefully received by the afflicted friends. I pray that the God of battles may be with you and go forth with your arms till rebellion shall cease, the Union be restored, and the old flag wave over the entire land.


"With much respect, I remain your friend,


"Lydia Slocum,


"Aged eighty-seven years and four months."


"Headquarters Armies of the United States,

"City Point, Virginia, Aug. 10, 1864.


"Mrs. Lydia Slocum :


"My Dear Madam,—Your very welcome letter of the 3rd instant has reached me. I am glad to know that the relatives of the lamented Major-General McPherson are aware of the more than friendship that existed between him and myself. A Nation grieves at the loss of one so dear to our nation's cause. It is a selfish grief, because the Nation had more to expect from him than from almost anyone living. I join in this selfish grief, and add the grief of personal love for the departed. He formed, for


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some time, one of my military family. I knew him well ; to know him was to love. It may be some consolation to you, his aged grandmother, to know that every officer and every soldier who served under your grandson felt the highest reverence for his patriotism, his zeal, his great, almost unequaled ability, his amiability and all the manly virtues that can adorn a commander. Your bereavement is great, but cannot exceed mine.

"Yours truly,

"U. S. Grant,"


GENERAL JAMES BLAIR STEEDMAN


In an appropriate location in Toledo, there also was in 1887 unveiled a monument honoring Gen. James B. Steedman, upon which is mounted the heroic figure of this noted commander. General Steedman was born of Scotch descent in Northumberland County, Pennsylvania, July 29, 1817, and died at Toledo, Ohio, October 18, 1883. At the age of fifteen he entered the printing office of the Lewisburg Democrat. A few years later he came West and acquired control of the Democratic Northwest, at Napoleon, Ohio. He also engaged in contract work, and gave proofs of great executive ability in the construction, in connection with General Gibson, of the. Toledo, Wabash & Western Railroad. In 1847-48 he was a member of the Ohio Legislature. In 1849 he was one of the "argonauts of '49" going to California, but returned to Ohio shortly after.


In 1857 he was public printer under Buchanan's administration, and in 1860 was a delegate to the Charleston National Demo-. cratic Convention.


At the outbreak of the war he became colonel of the Fourth Ohio Regiment. He was promoted brigadier-general, July 17, 1862, for valuable services at Perrysville. In July, 1863, he Was given command of the First Division of the Reserve Corps of the Army of the Cumberland. For his services at the Battle of Chickamauga he was promoted major-general, July 24, 1864. The following account of these services is quoted from the Toledo Blade:


"But it was at the Battle of Chickamauga that General Steedman's true character as a general and a commander shines out. His division was posted at 'Red House bridge,' over the Chickamauga River, and he was ordered to 'hold it at all hazards.' The battle commenced; he knew there was no enemy in front; he also knew that Thomas was hard pressed. Longstreet's corps, from


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Richmond, had reinforced Bragg's army, and early on that Sunday morning in September the battle was renewed with fierce and relentless ardor. The right and left of the Union forces were both broken and flying from the field. Rosecrans had given up all hope of reorganizing the disordered forces. General Thomas and his brave Fourteenth Corps, though driven from the position they occupied early in the morning, had rallied and stood like a wall of fire, repelling assault after assault of the whole rebel line. But they were worn by the force of superior numbers and their ammunition was almost exhausted. To this field Steedman marched his men by the sound of cannon and no other guide. He came just in time to turn a defeat into a glorious victory. The news that Steedman had come to the rescue inspired the worn-out, half-dispirited veterans with fresh ardor and courage.


"It was at a critical moment in this engagement that Steed-man ordered his men to advance in the teeth of a tempest of bullets. His men hesitated. Up he rcde to the color-sergeant and, grasping the flag, shouted, 'Go back if you like, boys, but the colors can't go back with you.' Onward he spurred his horse into the thickest of the fight. The column at once closed up, grew firm, and the soldiers charged with a hearty cheer, sweeping everything before them.


"Then and there the soldier boys gave him the title of 'Old Chickamauga.' His conduct called forth the warmest admiration and eulogy, and led to his promotion to the rank of major-general.


"General Steedman took active and prominent part in the campaign of Atlanta, and when Sherman started out on the `march to the sea,' Steedman was left in command of the 'district of Etowah.' At the battle of Nashville, General Steedman displayed his usual dash and vigor. On the next day he aided General Woods in storming Overton Hill."


He resigned from the army July 19, 1866, after serving as provisional governor of Georgia, and was appointed collector of internal revenue at New Orleans. Later he returned to Ohio and was elected to the State Senate in 1879. He was elected chief of police in Toledo in May, 1883 ; was editor and owner of the Toledo Democrat.


GEN. JOHN W. FULLER


Toledo furnished a number of most worthy officers for the Union cause. John W. Fuller, a native of England, arrived in America in 1833 at the age of seven years. He located in Toledo


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and engaged in the book trade a short time before the outbreak of hostilities. Upon his early enlistment he was appointed a brigadier-general by Governor Dennison and made chief of staff. He became colonel of the Twenty-seventh Ohio Infantry upon its organization. Besides other meritorious service, he was assigned to the command of the "Ohio Brigade," composed of the Twenty-seventh, Thirty-seventh, Forty-third and Sixty-third Ohio Regiments, which he ably led in the hard battle of Iuka, Miss., in 1862. Being then assigned with his brigade in 1864 to the Army of the Tennessee, Colonel Fuller was given the command of a division. For still further meritorious service in important engagements, he was promoted to the rank of brigadier-general. In 1865, upon being mustered out of service, he was brevetted major-general of volunteers. For a time he was collector of the port of Toledo, and was successful in business affairs. His death occurred March 12, 1891.


GEN. CHARLES W. HILL came to Toledo in 1836, at the age of twenty-four years, and being admitted to the bar, became a member of the law firm of Tilden & Hill. He rendered valuable service early in the war in West Virginia, and, as adjutant-general under Governor Tod, most efficiently organized Ohio's volunteer forces. Through injustice on the part of General McClellan he did not receive, until 1865, his well-deserved promotion of major-general.


CHARLES L. YOUNG was said to have been the youngest man in the Union army in command of a regiment. He was a very gallant officer. At Spottsylvania, May 12, 1864, in response to a call for volunteers, these three only answered, viz., Gen. J. H. Hobart Ward, Assistant Inspector-General Young, and Assistant Adjutant-General Ayres (of General Mott's staff) , and galloped upon the breastworks at the "bloody angle." Generals Ward and Young returned ; Ayres fell, riddled with bullets.


JOHN S. KOUNTZ was born in Richfield Centre, Lucas County, Ohio, March 25, 1846. At fifteen and a half years of age he enlisted as a drummer-boy in the Thirty-seventh 0. V. I. In the army he showed great courage; in one instance, at the imminent risk of his own life, he rescued from drowning a soldier who had broken through the ice of the Kanawha River. He took part in a number of battles. In the charge at Mission Ridge he was hit in the thigh by an English explosive ball, rendering necessary amputation of the limb.


When at Mission Ridge the order came to charge the enemy's works, the boy, Kountz, threw away his drum, and seizing a


1196 - STORY OF THE MAUMEE VALLEY


musket from one of the slain, charged with the men and fell under the enemy's work. This incident furnished the subject of a descriptive poem from Mrs. Kate B. Sherwood, entitled "The Drummer-Boy of Mission Ridge."


GEN. ISAAC R. SHERWOOD


Gen. Isaac R. Sherwood, who commanded the One Hundred and Eleventh Ohio after September 8, 1864, was born in Stanford, N. Y., August 13, 1835. He was a descendant of Thomas Sherwood, who came from England in 1634 and settled in New England. His father, Aaron Sherwood, died in 1844, and Isaac went to live with an uncle, who sent him to school. In 1854 he entered Antioch College, where he spent two years, and in 1857 located at Bryan, Ohio, where he began the publication of the Williams County Press. On April 16, 1861, he enlisted as a private in the Fourteenth Ohio Infantry and served for three months. The next year he resigned the office of Probate judge to enter the One Hundred and Eleventh, and was made adjutant of the regiment. In February, 1863, he was promoted to major and commanded the regiment during that year in the greater part of its field service. In September, 1864, he was promoted to lieutenant-colonel. After the battle of Franklin the officers of the brigade and division united in recommending him for promotion and President Lincoln made him a brevet brigadier-general, "for long and faithful service, and for conspicuous gallantry at the battle of Franklin."


Upon being mustered out of the army General Sherwood resumed the publication of the Bryan Press. In 1868 he was elected secretary of state of Ohio and two years later was reelected. In 1872 he was elected to represent the Sixth District in Congress. From 1875 to 1886 he was the publisher of the Toledo Sunday Journal. He was prominent in organizing the Grand Army of the Republic in Ohio and for many years has been a prominent figure in the national encampments. In 1879 he was elected Probate judge of Lucas County and was reelected in 1882, serving two full terms. From 1906 to 1924 he served in Congress as a Democrat. General Sherwood died October 15, 1925.


GEN. WILLIAM HARVEY GIBSON


Still another monument reared in memory of a brave general in the Civil war stands in Courthouse Square, Tiffin. It is


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tribute to Gen. W. H. Gibson, contributed by his host of admirers and by a $10,000 appropriation made by the Ohio Legislature. The subject of the memorial was born May 16, 1821, in Jefferson County, Ohio. As a youth he began work on a farm, then learned the carpenter's trade and finally studied law and was admitted to the bar. In 1856 he was elected state treasurer on the ticket with Salmon P. Chase as governor. Regarding his war service, after he had received a commission from Governor Dennison to raise a regiment, Mr. Gibson at once set to work in securing enlistments. On the 25th of July, 1861, he published the following poster :


"TO ARMS, TO ARMS.


"RALLY TO OUR FLAG. RUSH TO THE FIELD.


"Are we cowards that we must yield to traitors? Are we worthy sons of heroic sires? Come one, come all. Let us march as our forefathers marched, to defend the only Democratic Republic on earth.


"Impelled by the events of the past week, and assured from Washington that a regiment will be accepted, if enrolled and tendered, I have resolved to organize the Buckeye Guards in Northern Ohio.


"Let us, as patriotic citizens of adjoining counties, form a regiment that shall be an honor to the state, the exploits of which, in defense of constitutional liberty, shall be recounted with pride by ourselves and our children. The command of the heroic Steed-man was organized in this way, and now at the close of three months' service, they return crowned with glory, to receive the homage of a grateful country. * * *


"W. H. Gibson.


"July 25, 1861."


This regiment was accepted by the War Department a few days afterwards, and Mr. Gibson was chosen colonel. The regiment became known as the famous Forty-ninth. At the battle of Shiloh, he handled his regiment so successfully as to win special praise from General Sherman, who complimented him for "performing the most difficult but finest movement he ever witnessed on a field of battle." During the years of the war he commanded his brigade and division the greater part of the time, and was repeatedly recognized by his superiors for promotion, and, at his retirement, was filling the position of brigadier-general. It is


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said that it was the opposition of one man only at Washington that kept him from receiving the stars of a major-general. At the close of the war he returned to Tiffin and continued the practice of the law. In 1879 he was appointed adjutant-general of the state, which office he filled with credit. He died November 22, 1894.


GEN. RALPH POMEROY BUCKLAND


Ralph Pomeroy Buckland was born in Leyden, Mass., January 20, 1812. When but a few months old his father removed to Ohio and settled in Portage County. He was educated at Kenyon College, studied law, was admitted to the bar at Canfield in 1837, and the same year removed to Fremont. He was a delegate to the Whig National Convention in 1848; elected to the Ohio Senate in 1855, serving four years, during which time his bill for the adoption of children became a law.


In 1861 he was appointed colonel of the Seventy-second Ohio Volunteer Infantry, which afterwards, with other regiments, became noted as "Buckland's Brigade." He commanded the Fourth Brigade of Sherman's Division at the battle of Shiloh, and was made brigadier-general November 29, 1862. He commanded a brigade of the Fifteenth Army Corps at Vicksburg and the District of Memphis for two years, resigning from the army, January 9, 1865, to take his seat in Congress, to which he had been elected while on duty in the field. March 13, 1865, he was brevetted major-general of volunteers. He served two terms in Congress and has held many important offices of trust; was a delegate to the Republican National Convention of 1876. From 1867 till 1873 was president of the managers of the Ohio Soldiers' and Sailors' Orphans' Home, and government director of the Pacific Railroad, 1877-80. He did much for the improvement of the City of Fremont and was one of its most respected and beloved citizens. For two years ex-President Hayes was associated with General Buckland as his law partner, in whose office Mr. Hayes read law before entering law school. General Buckland at the time of his death in 1892 was the oldest member of the Sandusky County bar, both in years and practice.


GEN. RUTHERFORD BIRCHARD HAYES


Rutherford B. Hayes, President of the United States, 18771881, and general in the Union army, was born in Delaware,


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Ohio, October 4, 1822. He was a son of Rutherford and Sophia (Birchard) Hayes, who came to Ohio in 1817 from Windham County, Vermont. A close friend of Mr. Hayes was Henry Howe, the historian. After visiting the ex-President at Spiegel Grove in 1888, Mr. Howe, among other matters, wrote a sketch of Mr. Hayes, from which is taken the following :


He received his early education in the common schools, attended an academy at Norwalk, Ohio, and in 1837 went to Isaac Webb's school at Middletown, Conn., to prepare for college. In 1842 he graduated at Kenyon College, valedictorian of his class. He studied law with Ralph P. Buckland, Fremont. and Thomas Sparrow, of Columbus, Ohio, was graduated at the Law School of Harvard University in 1845.


On May 10, 1845, he was admitted to the bar at Marietta, Ohio, and began practice at Lower Sandusky (now Fremont), where in April,, 1846, he formed a partnership with his former preceptor, Mr. Buckland.


In 1849 he began to practice law at Cincinnati, where he soon attracted attention through his ability and acquirements. On December 30, 1852, he married Lucy W. Webb, daughter of Dr. James Webb, a physician of high standing in Chilicothe. In 1858 he was appointed city. solicitor of Cincinnati, and served until April, 1861. On the organization of the Republican party, he at once became one of its active supporters, being attracted thereto by his strong anti-slavery sentiments.


At the outbreak of the war, he was elected captain of the military company formed from, the celebrated Cincinnati Literary club. In June, 1861, he was appointed major of the 23rd 0. V. I., and in July his regiment was ordered to West Virginia. General Hayes' very gallant and meritorious military career has been overshadowed by the prominence given to his political life.


The following is from the "Military History of General Grant," by General Badeau, 3d volume, page 101.


"In all the important battles of Sheridan's campaign Col. Rutherford B. Hayes, afterwards nineteenth President of the United States, had borne an honorable part. Entering the service early in 1861, as major of the 23d Ohio Volunteers, he was ordered at once to West Virginia, and remained there till the summer of 1862, when his command was transferred to the Potomac, and participated in the battle of South Mountain. In this action Hayes was severely wounded in the arm. He was immediately commended for conspicuous gallantry, and in December of the