HISTORY OF PICAKAWAY COUNTY
CHAPTER I
COUNTY ORGANIZATION AND FIRST COURTS
Pickaway County came into existence March 1, 1810, the General Assembly of Ohio, in session at Chillicothe, having on the 12th day of January, 1810, passed an act establishing the county, the full text of which is as follows :
An act for erecting a part of the counties of Ross, Franklin and Fairfield, into a separate county, by the name of Pickaway.
Sec. 1. Be it enacted, etc., That all that part of the counties of Ross, Franklin and Fairfield, within the following boundaries, be, and the same is hereby erected into a separate county, to be known by the name of Pickaway: Beginning on the east side of the Scioto river, at the intersection of a line between township two and three, of range twenty-two, Worthington's survey; thence east with the township lines, to the southeast corner of township number eleven, and range twenty; thence north with the range line, to the northeast corner of section number one, of township eleven, in range twenty; thence west with the township line, to the northwest corner of said township; thence with the range line, to the northeast corner of section number thirteen, in township ten, of range twenty-one, Matthew's survey; thence west to the Scioto river, thence west from the Scioto river, twelve miles; thence south twenty miles; thence east to the Scioto river; thence down said river to the place of beginning.
Sec. 2. That from and after the first day of March next, said county shall be vested with all the privileges and immunities of a separate and distinct county: Provided, that the sheriffs, coroners, constables and collectors, for the counties aforesaid, may perform all the duties required by law, in their respective counties, within the county of Pickaway before the said division, and suits at law which are, or may be, pending at the time of said division, shall be adjusted in the same manner as if a division had not taken place.
Sec. 3. That on the first Monday of April next, the legal voters residing within the said county of Pickaway, shall assemble in their respective townships, and elect their several county officers, who shall hold their offices until the next annual election.
Sec. 4. That the courts for said county shall be held at the house of Henry Nevill, until a permanent seat of justice is fixed as the law directs. This act shall be in force, from and after the first day of March, next.
EDWARD TIFFIN,
Speaker of the House of Representatives.
DUNCAN MCARTHUR,
Speaker of the Senate. January 12, 1810.
The first settlements in the territory comprising the county were in 1796 or 1797, the first cabins being built in the Pickaway Plains on the "trace," leading from the crossing of the Hockhocking (now Lancaster) by the plains to Chillicothe; there was one cabin three or four miles below the plains and another at
18 - HISTORY OF PICKAWAY COUNTY
their eastern edge. Soon thereafter a settlement was started at Westfall, on the site of an old Indian town, the land there having been secured by Abel Westfall, and being on the "trace," he laid out a town, giving it his own name. The territory was then within the limits of Hamilton County, and the plat is of record in the county recorder's office in Cincinnati. The plat of the town embraced a large body of land, the projector having expectations that it would become a place of importance, but all that now remains of the town is an old warehouse built after the construction of the Ohio Canal, which passed through the town. A few scattering cabins were erected six or eight miles apart on the "trace" leading from Chillicothe by way of Westfall, to Franklinton, as early as 1798. The land on the west side of the river was at first in greater demand than the plains and other land on the east side and settlements by Jonathan Renick, on Darby Creek, and Abraham Shanton On Deer Creek were commenced as early as 1800, two or three years before the land in the Pickaway Plains was entered. Soon after the first sales of Congress land at Chillicothe, and the opening of the Land Office there in 1801, settlers came in very rapidly, and in 1810, soon after the formation of the county, the census showed the population to be 7,124.
In the formation of the county, one township, Salt Creek, six miles square, was taken from Fairfield County; the remainder of the territory was set off from Franklin and Ross counties.
The name Pickaway (or Piqua) adopted for the county and so written in the enabling act was of Indian origin, said to have been the name of a numerous family of the Shawnee tribe who occupied the plains, known as the Pickaway Plains, when the first white people came there.
The house of Henry Nevill, named, in the act as the place of holding the courts in the new county, until the permanent location of the county seat, was in the village of Jefferson, about two miles south of Circleville, a considerable trading point at the time and Mr. Nevill was one of the principal citizens, keeping a hotel and also being engaged in the mercantile business. The site of the town is now parts of the Evan Phillips, Nelson Hitler and Reigel (formerly Rush) farms, in Pickaway township. The town was long since numbered with the lost towns of the world, the only house remaining being on the Reigel farm, the Kinmore house, further north, having been torn down 15 or 20 years ago.
At the first election in the county, directed by the enabling act to be held on the first Monday of April, 1810, James Renick was elected sheriff ; David Kinnear, Peter Apple and Jonathan Holmes, commissioners, and John McNeal, coroner, to hold the offices until their successors were elected at the ensuing October election. The abstract of votes at this election is not with other old election papers in the Court House and, therefore, no record exists of the number of votes polled.
The first meeting of the commissioners was held at Jefferson on the 21st day of April, 1810, when the bonds of James Renick, as sheriff and John McNeal, as coroner, elected at the special election, were approved and they entered upon the discharge of the duties of the offices. On the 26th of the same month, the commissioners selected David Kinnear, one of their number, as clerk of the board, appointed Henry Nevill as county treasurer, and approved his bond, and appointed Samuel Lybrand as county lister (assessor). On June 6th; the board ordered that the township of Harrison be established from parts of Madison and Walnut townships, and that the first election be held June 23rd, at the house of Hugh Creighton; and at the same meeting fixed the boundaries of Madison township and ordered an election to be held at the house of Luke Decker, June 23rd. At a meeting held June 8th, the board entered into contract with Henry Nevill, for the use of a house at Jefferson as a Court House at a yearly rental of $6o and for a room to be used as a jail, the rent to be $25 a year, and at the same session made an order approving of the report of George Pontious. Christian Brotherlin and Andrew Ensworth, appointed by the commissioners of Ross County, December 8, 18o9, to "view the ground
AND REPRESENTATIVE CITIZENS - 19
and lay out a road beginning at the county line between Ross and Fairfield, where the road which is now in use and opened, leading from Lancaster to Pickaway Plains, crosses the same; thence continuing along the said opened road by the house of Philip Straus, Peter Apple, the new Dutch meeting-house, Christopher Ernest, Peter Row, James Seals and John Reed and from thence the nearest and best way to the town of Livingston, to intersect any street in said town, at the north boundary thereof, which leads to the center of said town." The survey of the road was made by James Denny. The road was ordered established, Daniel Ludwig appealing from the order of the commissioners, and was the first road established in the county, after its creation.
The county seat having been located on the site selected for Circleville, the commissioners, on the 7th of March, 1811, made an agreement with Jacob Zeiger, Jr., for the lease of the upper story of the house, where he then dwelt, "for the sole use and purpose of a Court House for the county aforesaid," from the first day of April next ensuing for one year or more, the rent one dollar.
FIRST COURTS OF THE COUNTY.
The first court in Pickaway County was a special session held at the town of Jefferson, on Friday, the 6th day of April, A. D. 1810, for the purpose of appointing a clerk pro tempore and a recorder and to fix a suitable number of justices of the peace for the different townships of the county. Present William Seymour, Thomas Barr and Jacob Shoemaker, esquires, associate judges of the Court of Cornmon Pleas. Whereupon, James Denny was appointed the clerk and William H. Puthuff, recorder ; and justices of the peace were apportioned as follows : Pickaway township, three; Salt Creek, two; Washington. three; Walnut, three; Madison, three; Scioto, one; Darby, two; Deer Creek, two: and Wayne, two. On April 7th, William H. Puthuff was sworn in as recorder, his bond having been approved. John Bennett, charged with murdering Reuben Cherry, was arraigned, pleaded not guilty and was admitted to bail in the sum of $200. This was the first criminal case in the county. At a session of the court, June 23rd, James Jorden, charged with sodomy, was arraigned and was discharged, there not being any such crime specified in the criminal statutes of the State.
The first regular term of the Court of Common Pleas was commenced' July 23, 1810 at the house of Henry Nevill, in the town of Jefferson, the temporary county seat. John Thompson, common pleas judge for the circuit, presided, and the three associate judges were also on the bench. The sheriff, James Renick, returned the panel of the first grand jury selected in the county, viz.: Edward Williams. West Miller, Charles Cade, George Ater, Isaac Williams, John Timmons, William Marquis, James Martin, David Shelby, John Burget, Thomas Renick, Ezekiel Morris, William Miller, Hugh Creighton, William Renick and John Robinson. When the names were called, William Miller and John Robinson did not answer, and Benjamin Hepner and Elisha Litler were called from the bystanders to fill the jury. David Shelby was appointed foreman. Richard Douglas was appointed prosecuting attorney; Mr. Douglas was after-wards a leading lawyer of Chillicothe. On July 24th, the court granted a license to keep a tavern in Tarlton, the first granted in the county. July 25th, James Denny was appointed clerk of the court for the constitutional term of seven years and gave bond in the sum of $3,000. Daniel Dreisbach was appointed director, agreeable to the statute, establishing seats of justice, and ordered to give bond in the sum of $10,000, which was given. Tavern licenses were granted to Charles Bodkin and John Burget July 26th, Henry Nevill, Samuel Lippencott and Joseph Hedges were granted store licenses. The first criminal case in the county was tried, the accused, John Bennett, being indicted for murder. The petit jury returned a verdict of "not guilty of murder, with malice aforethought, but guilty of manslaughter," and defendant was sentenced to pay $200 fine, to be confined in the jail of the county eight days and pay the costs of prosecu-
20 - HISTORY OF PICKAWAY COUNTY
tion. July 27th, tavern licenses were granted to Samuel E. Barr at Jefferson, Hugh Creighton at Bloomfield and Samuel Slycer. July 28th, Richard Douglas was allowed $40 for services as prosecutor from April 1st to July 23rd and to receive $40 quarterly thereafter. The sheriff was allowed $60 as the clerk. $12 quarterly for fees in criminal cases not collectable.
The first court held in Circleville, in the Zeiger house, was a special session, April 26, 1811, and the courts were held in that house until the first Court House, erected in Circleville, was ready for occupancy, the exact date of which does not appear on record. The Zeiger house was a twostory log structure at the corner of Scioto and Pinkney streets, the court room and offices being in the second story. Jacob Zeiger, Jr., in 1821, sold the house and the two lots to his brother, Philip Zeiger, who in 1838 sold the property to Francis Williamson, a Scotchman. who was the owner until his death, when it was sold by his heirs, June 25, 1873, to George W. Sapp, who on the 8th of March, 1884, transferred the property to Julius Weill and he sold it, April 8, 1904, to William Roth, who pulled down the old pioneer house, and for a few years the "temple of justice," and erected a modern residence in its stead. Jacob Zeiger, Jr., and his wife Susannah, when the courts were being held in their house, had their living apartments in the lower rooms. After the death of Mr. Zeiger, his widow married Jacob Shoemaker, one of the associate judges when the courts were held in the Zeiger house. He died in 1843 and his widow survived him for 36 years, dying at her house near Circleville in Washington township, February 4, 1879, aged 94 years. She had in her possession several chairs which were used in the courtroom in the Zeiger house.
The Common Pleas Court of the county until 1851, when the Probate Court was created by the present constitution of the State, had jurisdiction in the settlement of estates, issuing marriage Licenses and such other business as now pertains to the Probate Court.