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place of beginning and proceed to run said line and take to his assistance one marker and two chain carriers, and to have the line marked three notches fore and aft.

(Signed) JOSIAH GROVER, CLK.


The point where the county has experienced the greatest difficulty in determining its boundary has been on its northern side. For only two years did its extent comprise the large tract as set forth in the section of the act which organized the county, for in 1805 Champaign county was organized. By the order of the commissioners of January 1, 1810, the line was, as has been shown before, partly determined by Samuel Kyle. The line then passed a short distance south of Springfield, on the line of the eighth and ninth ranges. It extended east and west two miles north of Osborn, four miles north of Yellow Springs, about four and three-fourths miles north of the bank of the Little Miami and the present corner of Greene and Clark counties at Clifton, and five and one-half miles north of the present southeast corner of Clark county.


After the organization of Clark county in 1817, which was erected out of parts of Greene, Madison and Champaign counties, the line was changed again. On June 15, 1818, the commissioners of Greene county ordered : "That Moses Collier, Surveyor of Greene County, do meat with the surveyor of Clark County on the 18th of this inst., and proceed to run the lines between the respective Countys, aforesaid, commencing on the East line of the County of Greene, five miles and a half South of the North boundary of the Eighth Range and continue until the line is ascertained between the aforesaid Countys of Greene and Clark, and make returns of the same as the law directs." Collier and the surveyor of Clark county finally determined the line which began on. the east line of Greene county about three miles south of Charleston, from whence it extended west to a point one and one-half miles west of Selma. The line then ran northward one-half mile to a point northeast of N. E. Holloway's house, from which place it extended westward to the line between townships four and five in the eighth range, near Clifton. The line then followed the township line northward to the line between sections three and four ; thence the line followed the sectional line to the line of the third township, northwest of Yellow Springs. From this point the line followed this township line to the sectional line between the fourth and fifth tier of sections in the third range, and with this sectional line it extended to the east line of Montgomery county, joining it near Osborn.


INFLUENCE OF GEN. BENJAMIN WHITEMAN.


After the line between Greene and Clark counties was surveyed and established there was one loyal and influential resident of Greene county who was not at all satisfied with the arrangement. This was Gen. Benjamin


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Whiteman. That part of the boundary line described as the third above, extending west to the line between the townships four and five in the eighth range, ran somewhat to the south of General Whiteman's dwelling, which was situated on the north side of the Little Miami a short distance east of the present village of Clifton, thus making the General a resident of Clark county. He was at that time, and had been since its organization, a prominent man in Greene county, as he had served as one of the first three associate judges of the first court of common pleas that had established the government of the county and had laid it off into townships. Since he was identified with the public interests of the county, he desired to remain a resident of it. Accordingly he used his influence in the halls of the Legislature which passed a bill on January 25, 1819, so changing the boundary line between Greene and Clark counties that it ran north of the General's dwelling thus causing him to remain a resident of this county. This line is described as follows : "From the line running north one-half miles, thence such a course (west by north) as will strike the line between townships four and five, on the north side of the Little Miami river, in the eighth range." In accordance with this act of the General Assembly, the commissioners of Greene county ordered on July 5, 1819, that "the surveyor of Greene County, in conjunction with the surveyor of Clark County, do ascertain and survey the line between the said Counties of Greene and Clark agreeably to the act of the last session of the Assembly for that purpose made and provided and that the Commissioners of the said County of Clark have notice of the intention of the Commissioners of Greene County of having the said line run according to Law, to begin on the 16th day of August, next, and that each of the said Surveyors do forthwith make return of such security to the Clerk of his respective County according to law."


ORGANIZATION OF COUNTY GOVERNMENT.


The next logical step after the erection of a county was the establishment of a seat of justice, a process that has been the cause of many a bitter fight between two or more persons, or rival villages, in the establishment of seats of justice in many newly erected counties in the Middle West. The first General Assembly of Ohio forestalled this condition in great measure by the act of March 28, 1803, wherein was set forth the process by which a county seat of justice for any new county was to be established. For this purpose three commissioners were to be appointed, whose duty it was to examine and determine what part of the new county was the most eligible for a county seat of justice. These commissioners are not to be confused with the county commissioners, for persons who were residents of the new county or were holders of any real property within the same, and who had


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not reached the age of twenty-five years, and who had not been residents of the state for at least one year, were not eligible for such a position. Thus the personal element in the location of the county seat was in great measure eliminated. Sixty days after their appointment the commissioners met in order to give twenty days' notice to the people of their intention to locate the county seat on a specified date. On this date it was presumed that any delegations of citizens with a prospective county-seat site would lay their propositions before these commissioners. The act guided the commissioners in their method of procedure, for they were to select a place as near the center of the county as possible in consideration of the situation, the extent of the population, the quality of the land and the general convenience and interests of the inhabitants.


After these commissioners had agreed upon a place for the county seat, they were to make a report to the next court of common pleas of the county, and if no town had been previously laid off on the site agreed upon, the court appointed a director, who, after giving bond for the faithful performance of his duties, was fully authorized to purchase the land of the proprietor or proprietors for the use of the county, and to lay off the tract into lots, streets and alleys under such regulations as the court prescribed.


In accordance with this act, the Legislature chose Ichabod B. Helsey, Balden Apsby and William McClelland to be the commissioners whose duties it would be to locate the county seat for Greene county, and these same men acted in the same capacity for Montgomery county. The date of their meeting and the proceedings of their meeting the historian has not been able to find out. Tradition has handed down the story of the location of the county seat on the site of Xenia and the naming of the same, and in the absence of records concerning the determination of the site by the commissioners, the reports which have been handed down must be accepted.


LOCATION OF THE COUNTY SEAT.


When the question of the location of the county seat was uppermost, there were few settlers who did not have visions of becoming proprietors of the new city which was to spring up in the wilderness of the new county of Greene. It is quite possible that the commissioners were presented with many schemes brought forward by the settlers. On the Paris Peterson farm, four miles southeast of Xenia, a town by the name of Caesarsville had been laid out by Thomas Carneal as early as 1800. In anticipation of the erection of a new county in this part of the Little Miami country, a court house had been built and a public well had been dug. This young town which bore considerable promise attracted numerous settlers and quite a number of log


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cabins sprang up within its borders. Obviously Caesarsville had county seat aspirations and it was under consideration for awhile. The inhabitants of Pinkney, a small village located near Trebeins in Beavercreek township on the Miami river, also had its supporters before the commissioners.


There was one resident of Greene county at that time who had very definite intentions of becoming the proprietor of the new city and in him were combined the traits of a good business man with vision and sufficient capital for furthering his schemes. That man was John Paul, who had become a resident of Greene county in 1797, when he settled on Beaver creek. When the question of the location of the county seat arose, like his neighbors, as the story goes, John Paul intended to lay out the new seat of justice on his own holding on Beaver creek, backing up the feasibility of the same by declaring that for advantages of location and the like, his holding was unequaled by any of the county. It seems that Lewis Davis, a large landowner and pioneer of Greene county, and who obviously had the correct idea concerning the future development of the county, convinced Paul that his tract was not the place for the new county seat. It was the opinion of Lewis that the place chosen would be at the forks of Shawnee run, the spot which is now occupied by Xenia. At that time this land was owned by Thomas and Elizabeth Richardson, of Hanover county, Virginia, and on June 7, 1803, John Paul purchased two thousand acres, which comprised surveys No. 2243 and No. 2242, from these two absentee landowners, "in consideration of one thousand and fifty pounds current money of Virginia."


John Paul was a man of considerable influence in the county at that time, and later served for several years as clerk of the court of common pleas, clerk of the court of county commissioners, clerk of the supreme court and county recorder. He undoubtedly began using his influence upon the commissioners who were locating the county seat, who reported to the next court of common pleas that the tract which lay around the forks of the Shawnee run, the proprietor of the same being John Paul, was the best available site. On August 3, 1803, Joseph C. Vance was appointed director of the county to survey the county seat and lay off the town. On November 14, 1804, Vance bought the town site of two hundred and fifty-seven and three-fourths acres from John Paul for two hundred and fifty dollars. Evidently before this transfer Paul had donated to the county-seat town and the county of Greene one and one-half acres of ground for public buildings which was possibly an inducement to the commissioners for locating the seat of justice on his land. Yet while the original proprietor of Xenia was liberal, he had a sharp eye for reaping benefits in the future, as the new town would grow and improve.


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NAMING THE NEW COUNTY SEAT.


How the new county seat came to be called "Xenia" is wrapped in some obscurity and again we must depend upon tradition. The authority for this story is the late Mrs. Maria Stone of Springfield, Ohio, the youngest daughter of Gen. Benjamin Whiteman.


Soon after the commissioners had decided upon the site at the forks of Shawnee run for the new county seat, General Whiteman, his father-in-law, Owen Davis, and his mother-in-law, Laticia Davis, had been invited by Joseph C. Vance, the director of the new county seat, John Paul, William Beatty and others to meet with them at the "cross-roads," the intersection of the present Main and Detroit streets, to aid in deciding upon a name for the new county seat. Of course the invitation was accepted and these pioneers and their families were present upon the momentous occasion along with many others.


Many names were suggested, among which were Greenville, Wayne and Washington. When the discussion was at its height, a scholarly-looking gentleman who had been watching the proceedings, courteously interrupted the meeting, and said : "Gentlemen, allow me to suggest a name for your county town. In view of the kind and hospitable manner with which I have been treated whilst a stranger to most of you, allow me to suggest the name of Xenia, taken from the Greek and signifying hospitality." The suggestion was accepted and the name was placed with the others which were about to be balloted upon. Several ballots were taken and at last the contest had narrowed down to a tie between "Xenia" and some other name which Mrs. Stone did not recall. Out of consideration to Owen Davis, one of the earliest settlers in the county and the first miller in these parts, his wife, Laticia, was allowed to cast the deciding vote, which vote favored the Greek name. Thus it was that the new county seat came by the name of Xenia. It was later found out by the pioneers gathered together on that day, that the learned gentlemen who had given them the happy suggestion of Xenia, was none other than the Rev. Robert Armstrong, who one year later became the pastor of the Massiescreek and Sugarcreek congregations of the Associate Presbyterian (Seceder) church in Greene county. It is indisputable that the Reverend Armstrong was present in Greene county in that year 1803, for the records of the court show that during the December term of that year, Robert Armstrong was issued a license to s0lemnize a marriage.


THE ESTABLISHMENT OF COUNTY GOVERNMENT.


When the four counties, of which Greene was one, were established, the Legislature determined that the act was to go into force on May 1, 1803. By another act of the General Assembly, passed April 16, 1803, it was stip-


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ulated that it was the duty of the associate judges of the court of common pleas in each of the new counties then organized to meet on May J0, 1803, following, at the places designated where courts were to be held, and lay out the counties into a convenient number of townships and to determine for each township a proper number of justices of the peace, who were to be elected on the following June 21. This first convening of the court of common pleas then was not for the purpose of trying cases, but for transacting the necessary business pertaining to the organization of the county. The following is the record of the first meeting of the court of common pleas in Greene county :


At the house of Owen Davis on Beaver Creek, on Tuesday, the tenth day of May, in the year of our Lord, one thousand eight hundred and three, William Maxwell, Benjamin Whiteman and James Barrett, Esquires, produced commissions under the hand and seal of his excellency, Edward Tiffin, governor of the state of Ohio, appointing them associate judges of the court of common pleas, of the county of Greene. William Maxwell, esquire, produced a certificate under the hand of James Barrett, Esquire, bearing date, the twentieth day of April, last past, that he, the said William, had taken the oath to support the constitution of the United States. and of this state, and the oath of office ; and then the said William administered the aforesaid oath to Benjamin Whiteman and James Barrett, Esquires. And there was a court held for the county of Greene, agreeably to the law in that case made and provided. John Paul was appointed clerk pro tempore to said court and took the oath of office.


The court then proceeded to lay off the said county into townships, as followeth (to wit) : (the townships established were Sugarcreek, Caesarscreek, Mad River and Beavercreek townships).

It is considered by the court that for and in the township of Sugarcreek, there shall be elected one justice of the peace, for the township of Caesarscreek, one; for the township of Mad River, three, and for the township of Beavercreek, five.


It is considered by the court that on the thirteenth, instant, there shall be an election held (at the temporary seat of justice), for the purpose of electing a sheriff and coroner, agreeably to an act of the assembly, in that case made and provided.


Considered that court be adjourned till court in course.


Attest JOHN PAUL, C. G. C.


From thence on during the year the associate judges met to carry on the business of the county since the office of county commissioner had not then been created. The levy of the county must be determined, and on August 26, 1803, it was placed at four hundred and forty-six dollars and four cents, quite different from the levy of today. As the residents of the county had been accustomed to settling their disputes with their fists, much work was in store for the grand jury. The fact that there were some refractory members of the community whose conduct warranted their being confined to jail, a county bastile had t0 be provided. It was an improvised one, but it surely served the purpose, for the court ordered "that the large block house at Mr. Jacob Smith's Mill on Beaver Creek be appropriated to the use of a Jail, and that Benjamin Whiteman, Esq., be appointed in behalf of the court to contract for the repair of the same." Wolves were plentiful


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and an act of the General Assembly gave the governments of the several counties the right to pay bounties for wolf scalps. On August 22, 1803, the record says : "It is considered by the Court that there shall be paid out of the Treasury of Said County, fifty cents for each wolf killed in the lands of said County, agreeably to law in that case made and provided."


EARLY ACTS OF THE COURT.


In those early days when settlers by the thousands were coming into the Ohio lands to establish their homes, places of entertainment had to be provided for the newcomers as they went about over the territory, and taverns were a necessity. These "public houses of entertainment" did not exist without sharing the expense of the county government, and the individual who sought to become a tavern keeper, had to get license from the court of common pleas. At the second meeting of the court on August 4, 1803, licenses were issued Archibald Lowry and Griffith Foos of Springfield. Peter Borders, the tenant of the house where the county seat of justice was located, saw an opportunity for increasing his income by keeping a tavern, and accordingly at this same meeting of the court he presented the following petition


We, the subscribers, beg leave to recommend to the honorable court, Peter Borders as a fit person to keep a publick house of entertainment on Beavercreek in the county of Greene—and we, your petitioners, hope that a license may be granted accordingly—and as in duty bound we will ever pray. Beavercreek, 4th of August, A. D., 1803.

Joseph Vance

George Allen

William Ort

Elijah Davisson

James Carroll

Owen Davis

James McCoy

David McCoy

Alexander McCoy

John McCoy

Robert McCoy

Nathan Lamme

John Paul

William Maxwell


As the "Honorable Court" were finally convinced that such a house of "publick" entertainment was necessary to the "publick" service, and that Peter Borders was a fit person to operate the same, they accordingly granted him the license.


At this meeting of the court in August, 1803, James Galloway, Sr., was appointed treasurer of the county, in which capacity he served his neighbors continuously until 1819.


By far the most important business transacted by the court was that of


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surveying and platting the site of the new town of Xenia. Joseph C. Vance was appointed director on August 3, 1803, and as security for his performance of all the duties depending upon his office he gave the first bond ever given in the county, as follows :


KNOW all men by these presents that we, Joseph C. Vance, David Houston and Josiah Wilson, of Greene County, are respectively held and firmly bound unto the said Treasurer of said County & State of Ohio or his successors in office in the Penal sum of Fifteen hundred dollars,—As witness our hand and Seal, &c.


The Condition of the above mentioned obligation is such that if the Above mentioned Joseph C. Vance shall well, truly and faithfully discharge and perform all and singular the duties, &c. of Director for Purchasing of land, laying off and selling of lots at the Seat of Justice for the aforesaid County of Greene, as established by the Commissioners appointed by the General Assembly of the State of Ohio, for that purpose, agreeable to an act in such cases made and provided,—the obligation is void & of no effect, otherwise it stands in full force and virtue.

As witness our hands and seals this Fourth day of August, One thousand eight hundred and three.

Attest :

JOHN PAUL, CLK. 

JOSEPH C. VANCE  (Seal)

DAVID HOUSTON   (Seal)

JOSIAH WILSON     (Seal)


For the services which he performed according to the bond, Joseph C. Vance received at the term of the next December "$49.25 for laying off the town of Xenia, finding chairmen, making plots and selling lots." The duties and emoluments arising from the position as director seemed to appeal to Vance and his services were demanded for the laying off of the town of Urbana after Champaign county was organized in 1805. At any rate the minutes of the board of commissioners of Greene county shows that on August 27, 1805, "Joseph C. Vance resigns his office as director, therefore it is ordered that William Beatty be appointed director in his place and that he give bond and security in the penalty of three thousand dollars for the full performance of said office." Nevertheless, in the short time in which the original director of the new county seat was in office, he had plenty to do and in the main his work was done well. There is, however, one instance in the sale of a lot for which he made two transfers. Apparently, the first purchaser did not fulfill his contract and the tract reverted to the county, but Vance made no record of the occurrence, somewhat to the confusion of persons who consult the records concerning the transfers of the tract.


FIRST MEETING PLACE OF COURT AT XENIA.


The associate judges continued to hold session of court in the house of Owen Davis, which was located five and one-half miles west of the present city of Xenia, on what is now known as the Harbine farm in Beavercreek


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township, until after the June term of 1804. By this time the site of the new county seat had been selected and William A. Beatty, an enterprising Kentuckian, was busy hauling and hewing logs and erecting the first tavern in the new county seat of justice. He had rented the west room up stairs to the county for a court room. This house, which was a hewed log structure, two stories high, was erected on the site now covered by the Dowling block on Main street, opposite the present court house. Its length was from east to west and its west end was about forty-five feet east of the southeast corner of Main and Detroit streets, on Lot No. 13, where the Xenia National Bank now stands. Here the court continued to mete out pioneer justice until 1809 when it moved into the new court house which was completed in that year.


COUNTY COMMISSIONERS.


The office of county commissioner has not existed since the erection of Greene county, and the business which is now transacted by the board of commissioners was first carried on by the court of common pleas. It was by an act of the General Assembly of Ohio, passed February 14, 1804, that the office of county commissioner was created as it stands today and the first commissioners of Greene county under this act were elected on the first Monday in April, 1804. The men elected were Jacob Smith, James Snoden and John Sterritt, and they held their first meeting for the transaction of the business of the county ,in the following June. The record of this meeting stilt exists in a little paper-back book which is very much browned by age, and is reproduced verbatim with its excessive capitalization, lack of punctuation, poor spelling and awkward grammar, as follows :


FIRST MEETING OF THE BOARD OF COMMISSIONERS.


"At the House of Peter Borders on Beaver Creek, on the Eleventh day of June, 1804—


Jacob Smith, James Snoden and John Sterritt, gent., produced a Certificate of their being duly Elected Commissioners of the County of Greene and also produced a Certificate under the hand and seal of James Barrett, Esq., one of the Associate Judges of the Court of Common Pleas, that they had taken the oath required by Law, and there was court held by the Board of Commissioners for said County—and John Paul was appointed Clerk to the said Board of Commissioners—and then the said Commissioners cast lots for rank—and Jacob Smith drew for three years, John Sterritt for two and James Snoden for one.


The Listers of Taxable property in said County having failed to bring in their lists, for which cause the County business cannot be adjusted. Therefore it is considered that the Board will meet on the first Monday of next to lay the levy of said County. Ordered that the Clerk advertise for the listers of taxable property to forward their lists on or before said Monday, and for all those having claims against said County to attend the Court—


Ordered that Court be adjourned till the first Monday of July, next.

(Signed) JOHN PAUL, CLK.


Thus it was that the board of county commissioners began its career, and for more than a century it has served the interests of the county ably


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and well, but the volume of its business in the early years bears a striking contrast to that of today. These early commissioners were busy men. The new court house must be built in Xenia and the construction of it was let to William Kendall on January 6, 1806, at the then considerable sum of three thousand three hundred and ninety-six dollars. The expenditure of such a sum necessitated most careful attention. But before the work could be begun on the projected building in Xenia, the public square had to be cleared, for it was then overgrown with timber, and William Tindall was allowed six dollars for performing the task. The new court house had to be carefully planned, not only with the intention of making it a serviceable building but also beautiful one in the eyes of the pioneer architects. Several "extras" were ordered, among which was a cupola which was gradually raised no less than three times by order of the commissioners until it reached the height of twenty-five feet. A cupola was not enough, for the board ordered that it must be surmounted by a ball of brass twenty-two inches in diameter and that a weathercock of brass in the shape of a fish should grace the topmost point of the spire. The cupola was not complete without a bell, and in 1819 Robert Nesbitt was "empowered to get a Bell for the use of the Court House from Cincinnati, of one hundred pounds weight & to be insured as a good and sound one of good and proper Bell Metal."


BOTHERSOME QUESTIONS ARISE.


Along with the building of the court h0use other bothersome questions continually arose. The listers would not turn in the property and business would be held up, on that account. Some of the more liberty-loving pioneers persisted in feeling the strong arm of the law and often they were confined to the county bastile, which was improvised from one of the block houses near the temporary seat of justice at the house of Peter Borders. Oftentimes the prisoner escaped and the jail had to be repaired. Shackles and handcuffs were ordered from the village blacksmith, Joseph Hammell, who was as skillful in making fetters as he was at fashioning a plow share. Sometimes the commissioners were forced to give mercy to a violator of the law as is evinced by the following order of June 25, 1818:


Whereas, William Hodge has been committed to jail for a fine assessed by the Court of Common Pleas, in and for Greene County and the State of Ohio, for playing at cards, &c., and it appearing to the satisfaction of the Commissioners that he, the said William Hodge, is not able to pay said fines and cost, or any part of them, it is therefore ordered that the jailor discharge him.

(Signed) W. HAINES.


As soon as possible the commissioners began holding their meetings in the new county seat which soon began to take form in the forest, but since there was no court house yet at their disposal, they held their sessions in the


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house of William Beatty, the owner of the most palatial house in Xenia in the days of the city's infancy. This was a two-story house, built of hewed logs. Heretofore the court of common pleas had been convened in this house; and its use as a court house brought forth an order from the commissioners allowing the owner "twenty-eight dollars for house rent for the years 1804 and 1805."


FIRST MEETING IN NEW COURT HOUSE.


The first recorded meeting of the commissioners in the new court house took place on March 4, 1811, and the pride which the county fathers had in their new court house and public square was certainly pardonable. They immediately set to work leveling the public ground by filling the natural depressions on its surface and in clearing off the brush. Evidently there were many of the townsmen who looked upon the public square as common property whereon they could establish their "wood piles," board kilns and the like, and this brought forth the following order from the board of commissioners :


Ordered that no board Kiln or any other nuisance Shall hereafter be put on the Pub-lick Ground in the Town of Xenia by any citizen, and it is further ordered that all logs, boards, &c (except it is materials for the building of publick buildings) shall be immediately removed.

(Signed) THOMAS HUNTER.


A no less important personage than the famous Indian fighter, Simon Kenton, experienced some discomfiture from the determination of the county commissioners to make the public square a "thing of beauty," for on June 6, 1823, they requested "that the Auditor of this County give notice to James Galloway, Jr., that he have the house now occupied by Simon Kenton as a shop removed off the Publick Ground on or before the first of September, next."


To the commissioners a fence around the square seemed an absolute necessity to its beautification and at the same time it would prevent the milch cows, which ran at large through the streets, from browsing under the windows of the county temple of justice and would keep the pleasure-loving porkers of the neighborhood from making wallows within the public ground. Accordingly, James Galloway, Sr., was given the contract to build a fence about the public square for one hundred and seventy dollars.


Evidently the peace of the county officials in those early days was disturbed by "loafers" who to this day are seen around some court houses. Again, there seemed to be considerable trespassing on the public ground in those days, for the gates thereto were often left open. This state of affairs caused the commissioners to have spread upon their record that "the County


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Auditor is hereby authorized to have the North gate into the Publick Ground nailed up and have the other two gates into the Publick Ground fixed with chains that the gates when opened will shut themselves; and also that he have pieces of plank nailed across inside the windows in the lower part of the Court House in order to prevent people from sitting in the windows."


SALE OF PART OF THE PUBLIC SQUARE.


Watchdogs of the county treasury were these early commissioners of Greene county, and oftentimes their zeal for economy in administration led them into difficulties. Luckily, however, nothing of serious consequence resulted from their zeal for eking out the county's money. Since in their judgment the public square was unnecessarily large for the county's purpose, they ordered William Beatty, the director 0f Xenia, to sell lots off the public ground on the second Friday of February, 1817. To facilitate the sale, five or six written advertisements were posted in public places in Greene county and the date, terms and nature of the sale were published in the Liberty Bell of Cincinnati. On the day of the sale, the directors sold parts of four in-lots. This enterprise had no bad results, but another project of the commissioners would have entailed difficulty had they succeeded in completing it. In 1835 they decided to plat the public square and lease parts of it for long terms. The platting was done and the sale of the leases was advertised. The complete story of this sale of parts of the public square is told in another chapter.


Money was dear and hard to get in those early days. When the sheriff was allowed seventy-five cents for furnishing the court and jury with firewood and eighteen and three-fourths cents for paper, the money had to be forthcoming. The commissioner's rented their office to the pioneer attorney, William Alexander, for one dollar a month, since they had only occasional need of it. However, Alexander understood before he took possession .that he must take good care of the room and that the clerk and commissioners could use the office without restraint.


There was another measure of economy taken by the board which seems amusing to us now, but was a very practical measure to them. After the first jail was erected in Xenia in 1804 and 1805 a means of providing heat for the prisoners, many of whom were imprisoned for debt, was necessary. Stoves at that early date were rare, but the progressive board appropriated forty dollars on November 5, 1805, to provide a stove for the debtor's room at the jail and James Collier, the sheriff, was appointed to procure it. In obedience to the order, he made a trip to Cincinnati and brought the stove by team from that young metropolis of the west and set it up for the comfort of the debtors. When the enforcement of the debtor law became lax, the stove was put to little use and on the approach of winter in 1822 the commissioners decided


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to make the stove a revenue producer, and on December 22 of that year they issued the following order :


Ordered that John McPherson have the use of the Stove now in the Debtor's Room in the Jail of the County, for which he is to pay to the Treasurer of Greene County for the County's use, seventy-five cents per month during the time that he keeps it, and is to return said Stove and set it up, fit for use, in the Debtor's Room, aforesaid, at any time when required to do so by the Jailor of said County, after a sufficient time being allowed for the Stove to get Cool.

(Signed) JOHN STERRITT.


COUNTY FINANCE.


If the farmers of 1803 and 1804 had to pay as high a tax rate as the farmers of 1918, there would have been a far greater number of protests then than there were before the board of equalization in 1917. Living was of the simplest kind one hundred years ago and if an associate judge or clerk of the court or any county official had been paid as much as the janitor of the court house in 1918 receives there would have been a taxpayers' league organized within a short time. The following orders of the commissioners in 1805 will give some idea of the salaries paid county officials in those early days:


Ordered that the Clerk of the Board of Commissioners be allowed thirty dollars for his services for the present year.


Ordered that the attorney prosecuting the pleas for the present year be allowed 20 dollars a term.


Ordered that the collectors of County Taxes be allowed ten per cent on all monies by them collected and paid over to the County Treasurer.


Ordered that the Treasurer be allowed three per cent for safe keeping and paying out all publick monies.


It is a long step from the day when corn sold for ten cents a bushel to the year 1918, when it is bringing two dollars a bushel, and there is about an equal disparity between taxes paid in 1803 and those of 1918. In the year of the organization of the county realty values were not taxed and personal property was not levied upon according to its value only in one instance. In the townships of Beavercreek, Caesarscreek and Sugarcreek horses were taxed at thirty cents a head, cows at twelve and one-half cents each and stallions were taxed according to the rate a season. The only attempt at taxing property ad valorem was in the levy upon houses, mills and the like, which were levied upon at fifty cents on each one hundred dollars. According to the act establishing Greene county which exempted all the inhabitants living in the newly erected county north of the eighth range from any tax for the purpose of erecting court houses and jails, the tax paid by the residents of Mad River township was reduced two cents on each horse and one cent on each cow, but the rate on houses and mills and stallions remained


GREENE COUNTY, OHIO- 113


the same. At their meeting on August 26, 1803, the associate judges re-ported taxes collected as follows :



BEAVERCREEK TOWNSHIP.

241 horses at 30 cents each 

430 cows, at 12 1/2 cents each

Stallions, Mills and Houses 

$72.90

54.25

16.25

  

 

$143.40

CAESARSCREEK TOWNSHIP

77 Horses, at 30 cents each

154 Cows, at 12 1/2 cents each

Stallions

$23.10

19.15

4.50

 

 

46.75

SUGARCREEK TOWNSHIP

123 Horses, at 30 cents each

192 Cows, at 12 1/2 cents each

1 house

$36.90

23.00

1.00

 

 

60.90

MAD RIVER TOWNSHIP

243 Horses, at 28 cents each

492 Cows, at 11 1/2 cents each

Stallions, Mills and Houses

$67.76

56.81

18.42

 

 

143.99

Tavern Lincenses

Fines

$20.00

53.00

 

 

73.00

Total

$466.04



CONTRAST 1N FISCAL AFFAIRS.


Since that early date in the county's history a w0nderful change has taken place in the conduct of the county's fiscal affairs. Real estate was not taxed until several years after the erection of the county and then it was car-ried on by haphazard methods. At present an expert draftsman is platting the whole county in order that the taxation of realty values may rest with equity upon all landholders. Such a plan is absolutely necessary to an intelligent administration of the county's taxing system and Greene county is one of the few in the country which is thus perfecting its machinery for tax-ation. Moreover, there has been a great change in the wealth of the county since the early days of its existence. In 1917 Greene county was worth, as ascertained from the returns of the assessors, $48,269,640, of which $29,678.840 was the value of the real property and $18,590,800 the value


(8)


114 - GREENE COUNTY, OHIO


of the personal property. On this property thus valued there was levied taxes amounting to $586,240.44, which combined with the special taxes, the dog taxes and the delinquents, totals $632,260.03, the grand total of the levy of 1917. This formidable sum bears a striking contrast to the modest sum of $466.04 raised, in 1803, although the former does not represent as much of a burden upon the taxpayers as the latter amount which was paid one hun-dred and fourteen years ago. Many things are taxed today which were not on the duplicate of years ago and on the other hand there are hundreds of outlets for the county's money which were unknown to our grandfathers. It would be hard to imagine the commissioners of the twenties appropriating twenty dollars for canna beds for the lawn of the court house as the commissioners of 1917 did, and the commissioners of that early decade would have had nervous prostration had the county officials asked them to put an electric fan in the court house for the comfort of the county's servants on the hot summer days. The roads they made in those days were little more than paths cut out through the forest with the stumps of the trees sticking up in the center of the "thoroughfare" to the confusion and discomfort of the traffic, and the expenditure of $68,327.03 for the roads of the county as was noted in 1917 would have been as nearly within the conception of the early commissioners as an aeroplane. Quagmires gave the hogs an opportunity to wallow almost at the door of the court house, yet the county fathers of those early days would have looked with askance at such an unheard of expenditure as $5,198.36 for ditches as was noted in 1917. Even the expen-diture for outdoor relief in this latter year far exceeded the first entire levy of the county in 1803, and our forefathers were known far and wide for their charity and hospitality.


Then what did our forefathers spend the money of Greene county for during their incumbency of office? The following is the disposition of the levy for Greene county for 1804, as shown by a report dated August 26, 1803 :



To the Commissioners for selecting a place for the seat of justice

To James Snoden for ballot boxes

To the lister of taxable property of Beavercreek township

To ditto of Sugarcreek township

To ditto of Mad River township

To the Grand Jury of August term

To James Barrett and Benj. Whiteman

To William Maxwell

To John Paul for attending as Clerk 2 days and making a list for Sheriff

To' the Sheriff for ex-officio services

To the Clerk of the Court of Common Pleas

To the Grand Jury for term of Supreme Court

To Grand Jury for December Term 

To the attorney prosecuting for the State at August Term of Common Pleas

To ditto October Term of Supreme Court

$25.00

2.00

18.75

7.90

12.70

19.55

12.00

4.50

12.00

20.00

20.00

10.91

8.07 1/2

30.00

20.00

GREENE COUNTY, OHIO - 115

To ditto December Term of Common Pleas

To Sheriff for summoning Grand Jury for August Term

To ditto October Term of Supreme Court

To ditto December term of Common Pleas

To Jacob Shingledecker for repairs done to the Jail

To Joseph Vance for carrying election returns of Sugarcreek township to Cincinnati

To David Huston for ditto, Beavercreek township

Probable amount of acts not exhibited

Collectors' and Treasurer's per cent and Depositum

20.00

1.50

2.00

2.50

9.50

6.00

6.00

22.00

173.55 1/2

$466.04



SIMPLE NEEDS OF THE EARLY SETTLERS.


The wants of the early county administration were simple. No broad county roadways demanded the floating of a bond issue. Instead of haying to expend a considerable amount for a modern heating plant, the sheriff was ordered to provide the court with firewood which crackled in the fire-place in the house of Peter Borders or that of William Beatty in Xenia. Electricity was an unheard of plaything and when the county officer worked at night, he used the tallow candle. Instead of going about in an automobile, the sheriff rode horseback when he summoned the grand juries.


But now the county spends over a half million dollars annually. This money is spent in a hundred different ways in as many varying sums. Many officials are employed by the county to attend to its affairs and their salaries amount to thousands of dollars annually. To meet these expenses c0unty taxes are levied and in each c0unty in Ohio taxes are divided into five general funds: State, county, school, township and corporation. The state tax is divided into four funds—sinking, university, common-school and state highway. The county tax is divided into seventeen funds—county, infirm-ary, children's home, bridge, soldiers' relief, judicial, mothers' pensions, blind, election, county ditch, tuberculosis hospital, county roads, library, county highway, and sinking fund. The township tax is divided into seven funds—general, poor, roads, bridge, cemetery, ditch and miscellaneous. The corporation tax is divided into eight funds—general, safety, service, health, library, cemetery, debt and sinking. Summing up the different funds it is seen that they are thirty-two in number. In the face of the tremendous amount of labor entailed in collecting this tax, the county being the agency for the collection, it is difficult to conceive of one man, like John Paul, doing the work of auditor, clerk and recorder.


Ohio enjoys one of the lowest tax rates in the Union and its average tax of less than a dollar and a half on the hundred dollars is considerably less than half of the rate paid by the taxpayers of Indiana. The low rate in Ohio has been in effect since Governor Harmon forced the Smith one-per cent law through the General Assembly. The tax in Ohio can not legally


116 - GREENE COUNTY, OHIO


be more than a dollar and a half on the one hundred dollars except for emergencies. Before the present taxing system went into operation, rates in Greene county were practically twice what they are today, the reduction in the rate being due to the listing of property at its full value.


EXPENDITURES COMMENSURATE WITH WEALTH.


Residents of the county might feel considerable agitation at the annual expenditure by the county of a half million dollars, but people have more money today than they had over a hundred years ago and they spend it. Even the man with a very modest income spends more money annually in attending the moving picture shows than his grandfather required to supply clothing for the entire family during the same length of time. But a county is a living, breathing organism and Greene county is now composed of thirty-thousand smaller living, breathing organisms. Just as individuals are spending more money today than they ever did before, so is it with the county. The county is but a reflex of the people of which it is composed and no one complains if it spends money. If a man is worth fifty million he could build a beautiful home like that of the Greene County Children's Home, and such a sum is Greene county worth. Thus it has the right to spend money and spends it like a millionaire.


Since the county is but a reflex of its residents, it has the right to contract debts, and it is obligated to pay them just as the humblest citizen within its borders is obliged to pay his debts. To say that a county is in debt two hundred thousand dollars or twice as much is to assume that it has met with an unusual expenditure, such as, the building of a court house, a jail or macadam or gravel roads, which have demanded the outlay of thousands of dollars. In Ohio, as in most other states, many improvements of a public nature are paid for by an assessment levied against the citizens benefited by the improvement in question. For instance, the digging of a county ditch or the building of a road is met wholly or in part by direct assessment on the property owners affected by the improvement. In the case of some kinds of roads (inter-county) the expense is pro-rated in four ways : the state, county, township and the abutting property owners. The county's part is generally considerable and it must meet the excess in its wonted expenditure by a bond issue.


At present Greene county has a debt of approximately four hundred thousand dollars, about half of which arose from the construction of the new court house. At first glance this sum seems quite large, but in reality it is a comparatively small amount when compared with the total wealth of the county. With a debt of $400,000 and wealth amounting to approximately $50,000,000, Greene county is just in the same position as the farmer of the


GREENE COUNTY, OHIO - 117


county who has a fifty-thousand-dollar farm and has a four-hundred-dollar mortgage on it.


On the other hand the county can not pay this debt with the ease that might be imagined. The ordinary expenses of the county, commonly known as the "running" expenses, are met month by month and year by year from the ordinary receipts of taxes levied for that purpose. In the past year in Greene county much improvement has been made in county ditches and roads and the like, and this unusual expenditure resulted in the issuing of bonds to the amount of $100,628.90. It should be noted at this point that this year the county paid out $82,783.29 on its entire indebtedness.


PRESENT ERA OF PROSPERITY.


The prosperity of the county may be indicated in a number of ways. In a county the size of Greene, with a county seat the size of Xenia, and with few of the conditions which confront counties and cities of larger size, this county bears little indication of poverty and destitution, there being spent by the county during 1917 only five hundred and seventy dollars for outdoor relief to the poor. It is probable, since the county is now making great preparations toward entering with all its resources and strength into the great World War, the long season of prosperity may decline somewhat. Many of the young men of the county have gone into the national service; three Liberty loans have been floated in Greene county, all of which have been oversubscribed. In addition to these, the county has subscribed more than its quota to the Red Cross and Young Men's Christian Association funds. But withal every one seems to be prosperous and even the present high prices have not affected the general prosperity of the people of the county thus far. It is true that nearly every commodity costs more in 1918 than it ever did before, but on the other hand better wages are being paid than ever before. Hundreds of workmen in Xenia are receiving from seventy-five to one hundred dollars a month. Farmers are getting more than double the amount for their products than formerly. In 1917 hogs were selling for twenty dollars a hundred weight. For their wheat crop for the past ( 1917) season alone, many farmers received half the cost price of their farms. There is no reason why the farmers should not be prosperous, and with bumper crops there will be more mortgages paid off within the present fiscal year than in any other year in the history of the county.


The county recorder keeps a large and pretentious looking volume on the counter which gives the day-by-day transactions of his office. Here may be seen the record of the mortgages filed and cancelled day by day throughout the year, transfers of property, deeds filed for record, and a number of other things, all of which are concerned with property exchanges. Here,


118 - GREENE COUNTY, OHIO


for instance, may be seen an indication of the amount that the people of Greene county saved last year: Cancellation of 323 mortgages on 349 city, town and village lots to the amount of $244,672, and of 361 farm mortgages covering 22,770 acres in the amount of $876,838, and of 61 mortgages on lands within corporate limits covering 65 acres to the amount 'of $50,427, all of which makes a total of $1,171,937. This means that during the year closing June 30, 1917, the people of Greene county paid off debts in the form of mortgages amounting to over a million dollars. On the other hand, during the same period, new mortgages somewhat in excess of this amount were filed for record. Villages, towns and cities reported 311 mortgages on 697 lots, totalling $381,068; lands within corporate limit's, 55 mortgages, covering 70 acres and totalling $57,451; farm mortgages on 22,833 acres, totaling $1,010,089; the aggregate amount on all mortgages filed during the year ending June 30, 1917, was $1,448,608. This on the face of it would make it appear that the county was heavily mortgaged, but the figures when taken in comparison with the wealth of the county—about $50,000,000—show that the mortgage debt of the county is quite small. The average price per acre of farm lands sold in this period was approximately $116,, as computed from the transfers of agricultural lands; hence the price of the land mortgaged was about $2,648,628. In order to place these figures in another light for comparison, they are appended in tabular farm:



 

New Mortgages.

Cancelled Mortgages.

 

No.

Acres

Amount

No.

Acres

Amount

Farms

Land in corporate limits

City, town and village lots

343

 55

311

22,833

70

$1,610,089

57,451

381,068

391

61

323

22,770

65

$ 876,838

50,427

244,672

 

709

22,903

$1,448,608

745

22,835

$1,171,937

Deeds

 

No.

Acres

Amount

Average Price per Acre

Farms  

Land in corporate limits

City, town and village lots

134

22

117

6,419

29

$744,299

24,153

134,701

$115.95

832.17

 

273

6,448

$903,153

 



The above table shows a total of only 273 deeds filed, but there were 770 deeds (594 town lots and 16,273 acres of farm land and land within corporate limits) filed in which there were no considerations stated and they


GREENE COUNTY, OHIO - 119


come under the head of "dollar" considerations, the dollar covering the cost of the transfer. It will be seen that practically. seven-tenths of the deeds -filed in the county do not state the consideration involved. in the transfer and it is becoming the custom of real estate men and many other purchasers of property to make no record of the consideration. This is done for various reasons, but principally for the reason that the purchaser does not desire the public to know what he paid for the property.


The recorder's records also show that 1,259 acres of farm land and eighteen town lots were leased during the year ending June 30, 1917, the amount of consideration for these leases being $14,673.


POPULATION STATISTICS.


There is no report on record of the number of people in Greene county in 1803 when it was organized, hence there is no way by which we can determine the exact number of residents here at that time. We do know from totals of the voters given in the poll books of the election of that year that there were four hundred and thirty-nine voters in Greene county in 1803." Since Greene county then included what is now Champaign and Clark counties and extended to the northern boundary of the state, we can not obtain even the number of voters in what is now properly this county. The county first figured in the federal census of 1810, but its population of 5,870 in that year included all the inhabitants living within the present limits of the county with all those then residing in the small part of what became Clark county when the latter was organized in 1817.


The organization of the county was the signal for the influx of settlers, but the great bulk of emigrants did not come until after the danger from the Indians subsided after the War of 1812. The population by the return for 1820 is shown to have doubled. These settlers came chiefly from Pennsylvania and Virginia after they had spent a few years in Kentucky, just as did John Paul, Joseph C. Vance, John Wilson, General Whiteman, David Laughead and James Galloway, Sr.

The only detailed census reports for the county that the historian has been able to secure begin in 1840, and these immediately follow. Earlier returns for the county from the federal census returns show the number. of people in the county from 1810 to r840; for 1810, 5,870; 1820, 10,521; and for 1830, 14,801. Hence, in twenty years, the population of the county increased 8,131, which is a much greater increase than that between any other two decades in the history of the county.


It will be noticed in the following census report that the population of the part of Clifton and Yellow Springs in Miami township; Bowersville, in Jefferson township; Fairfield and Osborn, in Bath township; Spring Valley,


120 - GREENE COUNTY, OHIO


in Spring Valley township ; Bellbrook, in Sugarcreek township ; Xenia, in Xenia township, and Cedarville, in Cedarville township, are in some instances not listed separately. In those cases the population of these towns is in-cluded in the township in which they respectively lie. The population of Cedarville, Jefferson, New Jasper and Spring Valley townships were not listed in 1840 and 1850 because they mere not yet erected into townships and the population of these is included in the existing townships.




 

1910

1900

1890

1880

1870

1860

1850

1840

Bath Township

  Fairfield

  Osborn

Beavercreek Township

Caesarscreek Township

Cedarville Township

  Cedarville

Jefferson Township

  Bowersville

Miami Township

  Part of Clifton

  Yellow Springs

New Jasper Township

Ross Township

Silvercreek Township

  Jamestown

Spring Valley Township

  Spring Valley

Sugarcreek Township

  Bellbrook

Xenia Township

  Xenia

 1213

292

866

1959

915

1236

1059

966

297

853

204

1360

845

1011

964

1133

912

443

958

238

3303

8706

1255

312

948

2070

1039

1278

1189

1158

370

933

204

1371

874

1141

1109

1205

938

522

1016

352

3633

8696

1184

310

713

2198

1057

1006

1355

1529


888

230

1375

918

1230

1213

1104

963

538

947

350

3311

7301

1557

380

656

2470

1174

1521

1181

1643


1067

289

1377

1013

1335

1278

877

1163

376

1278

425

3376

7026

1648

397

639

2289

1114

1608

753

1277


1096


1435

1084

1076

1169

532

1113

1290

1169

369

2254

6377

2713



2230

1183

1570

687

1280


994

280

1309

893

1212

1196

480

1641


1635


6977

2079



2059

1870





1865




1369

2565




3082


4032

3024

1702



1755

1738





1230




1336

2444




2379


3517

1406

 

29733

31813

29820

30013

28038

26290

21945

17507





FURTHER POPULATION STATISTICS.


There are more colored people in Greene county in proportion to its population than in any other county in Ohio. The federal census of 1910 returned a total population of 29,733 for the county, of which number 3,970 were colored. This shows that the colored population is 13.4 per cent. of


GREENE COUNTY, OHIO - 121


the total population. Of the 3,970 colored people, 2,465 are listed as black and 1,505 as mulattos. As regards sex the colored population is divided, 1,197 male and 1,973 female.


The 1910 census returned 107 farms, totaling 5,200 acres, which were owned and operated by colored farmers. These 107 farms were valued at $518,230; the farm buildings were valued at $141,000. There can be no question that the presence of Wilberforce University has been a potent factor in the life of the colored people of the county. This institution has been providing practical courses in agriculture, and the results of this work are being shown in the county already.


A glance at the census totals from 1840 to 19m reveals some interesting facts. The greatest number of residents Greene county ever had was 31,613 in 1900, the very slight gain of 793 over the number in 1890. The total in 1900 was more nearly approached in 1880, but curiously enough the population decreased in 1890. It is noticeable that the population of the villages has not decreased so markedly as that of the rural districts. The most striking growth of any village has been that of Jamestown, the population of which in 1860 was 480 and by 1900 had increased to 1205. There has been a steady increase of population in Xenia until it numbered 8,706 in 1910, which indicates a centralization of the population in the county seat. Obviously, Greene county, like many others, illustrates the movement of the rural population to the urban centers. In 1910 the total seems to presage a decrease in the county's population, but this is not a disaster by any means, even though the thinkers of a century ago preached such a doctrine. In one sense it is a mark of progress; for, as a rule, a high increase in population is accompanied by a proportionately high death rate and an inversely proportional lowering of the standard of living. This country is yet new, for one hundred years in the history of a community is no more than a decade in the life of an individual. American communities, like "Topsy," have "jes' growed," and just now an adaptation is going on. This adaptation is in progress in Greene county, which, if nothing untoward occurs, will result in the highest welfare of all.


CHAPTER VI.


PUBLIC BUILDINGS OF GREENE COUNTY.


COURT HOUSES.


There have been three court houses erected in Greene county, the first in 1809, the second in 1843, the third in 1902. During the first six years of the county's history the sessions of the local courts were held in private houses, while the little county business which was transacted during these few years by the various county officials was probably transacted in their respective homes. All the records of the clerk, auditor, recorder and sheriff might have been carried around in the arms of these officials, and, as a matter of fact, each of these officials might easily have carried all the records of the first six years into the new court house when it was ready for occupancy in 1809.


But it is necessary to go back to 1803 to get at the beginning of the court-house history of the county. When the act providing for the organization of the county was being 'prepared some provision had to be made for the first meeting of the courts, And the author of the bill, William Maxwell, then a resident of what later became a part of Greene county, knew, of course, of the house of one Owen Davis, at the time occupied by a tenant by the name of Peter Borders, and that it was about as centrally located in the proposed new county as any other. Accordingly this log cabin was designated as the meeting place for the first court of the county, thereby becoming for all legal purposes the first court house of the county.


This cabin has long since disappeared, but fortunately there has been preserved a fairly definite description of this first gathering place of the officials of Greene county. The cabin was erected in 1799 by Benjamin Whiteman and stood in Beavercreek township, about five miles west of Xenia, two hundred yards east of Beaver creek, a short distance south of the rude log mill of Davis, and, to more definitely locate it for the present generation, it was about a quarter of a mile south of the present village of Alpha.


DESCRIPTION OF ANCIENT TEMPLE OF JUSTICE.


And what kind of a log cabin was this where the first official business of Greene county was transacted ? It was about twenty-five feet square,


GREENE COUNTY, OHIO - 123


with one room below and an attic above which was reached by a ladder through a hole in the ceiling. The building was constructed of burr-oak logs, hewed on two sides, with a floor of the same material, the logs for the floor being smoothed with an adz to make them comparatively level. This sort of a floor certainly would have had the merit of being substantial, whatever other imperfections it may have had. The roof was made of clapboards, tied in place with long poles running the full length of the roof, such roofs being the only kind then in use. The whole structure was put together without the use of a single nail, and it may be said that it was just as substantially put together as many of the buildings of the present day. This building had but one door, this being on the east side near the north end, and opposite to this one door was the one window. It is true that there was a small hole in the south side of the cabin, but it was more for ventilation than light, and was not intended to serve any other purpose than as a place for the escape of the smoke when it became too thick in the room. The south side of the large room was largely filled with a huge fireplace such as was to be found in all the early log cabins of the county. The chimney of the fireplace was built on the outside, as was usually the case, the first eight feet of the chimney being built of small logs, lined with stones, the upper part of the chimney being made of sticks well plastered with clay.


This was the building where the first court in Greene county was held on May 10, 1803. The building had been erected by Benjamin Whiteman in 1799, as before stated, and by him sold to his father-in-law, Owen Davis, the latter having rented it to Peter Borders sometime before 1803. Maxwell, who introduced the bill for the organization of the county, knew, of course, of the size of the building and judged that it would be the best, all things considered, which could be found within the limits of the proposed county for a temporary meeting place for the courts. At the time the court met there in the spring of 1803 Borders, the tenant, seemed to have had an ample supply of ardent spirits of various degrees of intoxicating potency on hand. At least, he had a sufficient amount on hand to engender enough fighting to provide several cases for the court which met within the building.


BUILDING STILL STANDING 1N 1846.


A reference to the accompanying cut shows this primitive seat of justice, the cut being a reproduction of a pen drawing by Howe made for that historian's "Historical Collections" in 1846. The cabin was still standing at that time and Howe made a special trip out to Beaver creek to make the sketch. It will be noticed that there is an old-fashioned well-sweep a short distance from the house, but this was probably not there in 1803. At one corner of the building was tied a large pet black bear, a plaything for the


124 - GREENE COUNTY, OHIO


children not uncommon in those days. Howe's cut also shows the small log building, about ten by twelve feet, which stood a few rods northeast of the house, built as a smoke house, and used as the grand jury room when that august body first "sat on the body of Greene county." It was in this smaller building that the petit juries retired to consider the guilt or innocence of alleged violators of the law. About two hundred yards from this cabin, dwelling house and court house, stood the log blockhouse which served as the first county jail, described later in this chapter.


It was in this house in Beavercreek township that all the sessions of the courts were held during 1803 and 1804, and up until November 15 of the latter year. The chapter on County Organization recites in detail the steps taken to establish the county seat at Xenia and it is not necessary to repeat the facts in the matter in this connection. Suffice it to say that the site was selected in the fall of 1803, but that it was not until the summer of 1804 that any attempt was made to build a house of any kind on the site. Of course, it was not supposed that a court house could be built at once, and pending the construction of a temple of justice, it was presumed that some private residence would be erected which might serve as a temporary meeting place for the courts.


FIRST COURT HELD AT XENIA.


The summer of 1804 saw two dwelling sites being cleared on the site of the future county seat, and presently two log cabins began to rear their walls on the two respective sites. One of these enterprising settlers was William Beatty, the other was Rev. James Towler. The Beatty house, a two-story log structure, designed as a combined dwelling house, public tavern and temporary court house, stood on lot 13, on Main street (then called Chillicothe street), opposite the present court house, and on the same lot now occupied by the fruit and confectionery store of Kellel Ammer, the building now being owned by C. P. Dowling. The Towler house, erected by Frederick Bonner, the first carpenter in the village, stood on South Detroit street, the site now being occupied by H. H. Eavey's wholesale house.


These two houses were in the course of construction at the same time, and it seems that there was a race to see which one would be first completed. It was the understanding that the first one completed would have the honor of housing the court until such a time as the county would have a court house erected. Whether the race was to the swift or not is not known, but the fact remains that the tavern keeper succeeded in getting his house finished before the preacher. It is a matter of tradition, no documentary evidence having been found to substantiate the statement, that Beatty