100 - THE COUNTY OF HIGHLAND. nearest neighbors were Morgan VanMeter, and the McKibbens upon the East fork of the Miami, and the nearest mill on the Little Miami, many miles away, with only a blazed trace marking the route through the forest. Mrs. Ross, when her husband was gone to mill, would leave the house and stay in the woods until he returned, so great was her fear of the Indians. But there they lived, tended their small patches of cleared land, hunted for the deer and bear, contented and happy, until the smoke from many cabins all around them proclaimed the presence of friends and neighbors in whom their hearts took delight. David Reece came to Ohio from Grayson, Va., in 1802. He had learned the carpenter trade, though very young, being but fifteen years of age when he came to Highland. He added very materially by his skill and industry, to the comfort of the settlers, by building them better houses and repairing those already built., making them neat and warm. In the fall of 1803 Joseph Eakins and his family came to New Market. He was an Irishman, who arrived in America in 1801; first settled in Pittsburg, where he remained for about one year, and within that period purchased a tract of land near New Market containing some three hundred acres. On reaching his purchase there was no shelter but a camp, but in a little time he had erected a cabin for his wife and children. Eakins was a man of wealth and culture, and entirely unfitted for the life of hardship and toil demanded in a new country. He had brought groceries, tea and coffee, from Pittsburg and a barrel of flour from Manchester, but when these were gone starvation seemed to stare them in the face. Mrs. Eakins was greatly cast down, and bitterly wept at the doleful prospect before them. While in the midst of her tears, James B. Finley entered her home, ragged, dirty, and a little drunk. He kindly asked Mrs. Eakins what the matter was. She told him between her sobs the wretched condition they were in. He told her to cheer up; that he would make her some bread ; that she and her children could eat. She was greatly surprised, but allowed him to have his way. Finley washed his hands, cut a piece of fat from a freshly killed hog that her husband had bought, rendered it in a pot, put it in a pan of meal and mixed it with water. Then he made a smooth Johnny-cake board, spread on the dough, and baked it before the fire. When it was done Mrs. Eakins and her children thought it delicious, and, having learned the process, used "Jim Finley bread" ever after. Finley had many a laugh, after he had become a famous preacher in the Methodist church, with Mrs. Eakins and her daughter, Mrs. St.. Clair Ross, over the "Jim Finley" he introduced to keep the Irish from starving. In April, 1803, Ezekiel Kelley settled upon a farm three miles north of the site of Hillsboro. He came from Maryland, and at CLEAR CREEK AND OTHER SETTLEMENTS - 101 first took up his residence at Chillicothe. But the fever and ague drove him and many others away from that locality to seek health in the hills along the Rocky fork. East and about one-half mile from his cabin was one of the largest and best deer licks in the whole country. He built a blind in easy range of it, and for years after he settled there he furnished many of the neighbors venison almost as regularly as the butcher of today supplies his customers with beef. He would appoint a day when they were to come for deer meat and seldom, if ever, disappointed his venison-loving consumers. This salt lick was visited by vast numbers of deer, and before the time of Kelley's residence by elk and buffalo. Kelley aided in the erection of the first cabin in Hillsboro. Mr. Samuel Gibson settled with his family some three miles southeast of Hillsboro, on the Rocky fork. In a year or so after his arrival he built a corn cracker, as it was called, and this was the first effort of the kind on the creek, which now, within a distance of fourteen miles of the Gibson site, has three first-class grist mills, Newell's, Spargur's and Barrett's. Humorous stories were told of the Gibson mill. One, illustrating its slowness, was that when the hopper was filled with corn the miller would start the mill and then leave for some other employment, and the ground squirrels would congregate about and steal the corn as it dropped from the hopper to the ground, until the supply was exhausted. It often happened that in the struggle for place upon the shoe, a squirrel would fall into the hole in the stone, and too frequently for the popularity of this mill, some horror-struck housewife would find the remains of a dead squirrel or rat in the meal sifted for mush or johnny cake. The site, now known by the name Bishir, always had a mill until a years ago when the roof tumbled in, and now the only thing that remains is the big willow tree ; the squirrels and the mill are gone. In the spring of 1803 General Massie's mill at the falls of Paint was destroyed by a great flood. He made no effort to rebuild, but in a little time bought the mill owned by Jacob Smith, who moved away from the settlement. Massie then laid out the town of Bainbridge and named it for Commodore William Bainbridge, an American naval hero. Soon afterward Jacob and John Rockhold, then living at the falls, were called to the new town to build a store house for Massie, of hewn logs, in which he put a stock of goods. The town of Bainbridge and the big store was the doom of New Amsterdam, which went into a rapid decline, and long ago vanished. In 1803 Job Haigh settled on Brush Creek, near the present site of the town of Belfast. His home became the preaching place for the traveling preacher, and was for years noted as the abode of a generous and genial man, whose hospitality was unbounded and whose earnest effort to advance the moral interests of the community 102 - THE COUNTY OF HIGHLAND. aided much in promoting the cause of humanity. The preacher that most frequently stopped at the home of Haigh was Rev. Leamons, a Baptist. While the religious interests of the people were not neglected, there was no attempt to organize a school until three or four years after, when a small cabin was built near a spring in a secluded spot, and Benjamin Massie installed as teacher. Before this time any one who desired to school his sons sent them for two or three months during cold weather to West Union, where there was a small school for teaching spelling, reading and writing. The girls were compelled to go without education, except what was given by their mothers. The fact is, the poor girls had no time to engage in study. Carding, spinning and weaving were the accomplishments in which they excelled, for upon this industry depended the clothing and comfort of the family. Flax was raised for shirting, and the pulling and preparing for weaving was the work of the women. Flax pullings were seasons of frolic and fun as well as labor and utility. Labor of some character was always associated with pioneer gatherings, chopping, grubbing, log rolling, or some other work of a special kind, which demanded the presence and strength of numbers. Generally these day gatherings ended with a frolic at night, when dancing and sparking among the young was carried on with persistence and vigor, "when music. arose with its voluptuous swell, and all went merry as a marriage bell." Sinking Spring was increasing in population slowly. Jacob and Philip Roads, Peter and Jacob Stults, from Virginia, and Michael Shiveley from Pennsylvania, came in 1804. George Gall, a Revolutionary soldier, also came to the Springs. He had marched with Colonel Boyer against the British through the Dismal Swamp, and was present at the surrender of the British at Yorktown. The Gall family is very numerous in Highland county and are at the present time making an effort to erect a memorial monument in honor of tiename. In 1804 Samuel Shoemaker built a water mill two miles west of Sinking Spring on the East fork of Brush creek. The Comtrymans had built a mill the year before this on the same creek about three miles northwest of the Springs. The ancient town of New Market was also improving. George W. Barrere moved to that place in 1802 and purchased from John Eversole a house of one room, to which he added another, and fixing up the loft for sleeping purposes, opened up his house as a tavern, which soon became the most popular resort in all the region. Matthew Kilgore came to what is now Madison township. Quite a large number came into the county in the years 1803-4. William Kilbourn, Seth Smith, the Ellises, Samuel Littler, Thomas Cob,' and Caleb Chatman made the usual settlement) building a cabin clearing a small patch for corn. Chatman made his place of res dence about four miles north of New Market, on land of the best CLEAR CREEK AND OTHER SETTLEMENTS - 103 New Market township, and upon this farm he spent the remainder of his days. Joseph W. Spargur came from Surry county, N. C., in the autumn of 1804, and located southwest of New Petersburg, as. now Spargur was a millwright and followed that trade when he could obtain employment. His wife was often compelled to remain at her home alone while her husband was away at his work, and in after years would tell how she barricaded the door of her lonely cabin at night, and assured herself of the presence of two loaded guns, a hatchet and knife, and a big dog with her in the house before she could compose her mind to sleep. The history of the Spargur family is very remarkable. Their number of the descendants and kinfolk is legion, and they form a most worthy and substantial class of citizens. Along the Rocky fork branch of Paint creek, in the village of Rainsboro, in Greenfield, in the little city of Hillsboro, in fact, all over the county Spargurs may be found, as ideal farmers, as merchants, as mill owners, bankers, lawyers and physicians, and always full of vim, business, intelligence and thrift. Early in June, 1805, David Jolly and James Jolly, with their families, moved from the vicinity of Chillicothe and settled on the Rocky fork east of the present town of Hillsboro. With them came their brother, William, and brother-in-law and sister, William and Mary Ann Warnick. William Warnick died the following fall. The Jollys were among the first settlers of Chillicothe, having emigrated to that neighborhood in the fall of 1796, from Virginia. David, the eldest living son of the family, was born and raised on the frontier and early became a hunter, a scout, and Indian fighter. His romantic story has already been told in this volume.. The companion of the Wetzels, the Bra.dys and the Zanes in border warfare, he was also the companion of McArthur and David McDonald, Massie and other early survivors and spies of southern Ohio. He ,Intinued to reside only a feW years in Ohio, preferring the wilder scenes of the west. He, however, married and raised a most respectable family, whose descendants are living in Wisconsin. James golly was a tanner, worked at his trade on a farm in Marshall township, afterward owned by Judge Delaplane, but now in possession of Judge Huggins. David Jolly, Jr., was a successful farmer and leading member in the Presbyterian church, being one of the first to establish a congregation of that denomination, and erected a church in the neighborhood of Hillsboro. He was an earnest and pure hearted Christian man, helping with a kindly hand the poor and professed, and in every way showing that the religion that he professed was not a mere emotion, but a deep seated principle ruling his life. He died at his home in this county in 1843. Eight years had now elapsed since the beginning of settlement, but the journey from the east remained an undertaking of great serious- 104 - THE COUNTY OF HIGHLAND. ness, involving hardship and danger. Col. William Keys, long a resident of Hillsboro, well describes the early struggles of the inhabitants of the older states in their efforts to find new homes in the west. He says : "It seems to me that in order to have a correct estimate of the labors and extreme danger we had to encounter in settling Highland county and other parts of the state, we ought to take into account the trouble, toil and fatigue we had to undergo in moving to it. When we take into consideration the then state and condition of the roads over the mountains and hills, the great want of bridges and ferries over water courses, we can have some conception of the extreme difficulty of traveling over the almost impassable route from the old settlement to Ohio at that early day. Turnpikes, railroads and steamboats were not then in existence; and the roads over the mountains were the most difficult wagon ways, conceivable—without grading, ruts, gutters, mudholes and other obstacles never mended, and the country hilly, broken and uneven, made it toilsome in the extreme. An intelligent lady being requested by a friend to furnish her with a receipt for the best method to dress a hare for the table, complied and commenced her receipt by saying: "The first thing to be done is to catch the hare." It seems to me equally necessary in order to give our successors and posterity an adequate idea of the extreme labor in settling Ohio, we ought to recapitulate the toil, fatigue and drudgery of traveling to our wild home in the west. The lady above alluded to seemed to have a clear view of her undertaking. She knew the persons who would be engaged in feasting on the delicate and well dressed morsel, when on the table, would never think of the labor and trouble of catching it. So other descendants of the early settlers, and the present occupants of our well improved farms, our beautiful towns, our commodious churches, school houses, court house, excellent flouring mills, etc., will hardly turn a thought in the direction of the toil, drudgery and hardships of those laborious men who leveled the forests and opened up the farms. "We started on our journey from the valley of the Old Dominion in September, 1805, with a strong team, large wagon, and a heavy load. We proceeded on our way over the Alleghany mountains, Greenbrier hills, Sewell and Gauley mountains, Kanawha river, and back water creeks, often made impassable by the rising of the river, and arrived at Point Pleasant, where we crossed the Ohio and left most of our troubles behind us. Our company consisted of two family connections, each of which was subdivided into one or two smaller families; and to give promise of a fair beginning, each of them had an infant specimen of young America to carry on the knee, numbering twenty-three persons in all, eight of whom were full grown men. We had often to exert all our limited strength and skill to prevent our wagons from upsetting, and had often to double teams in order to ascend the steep mountain sides. None of our company met with CLEAR CREEK AND OTHER SETTLEMENTS - 105 any accident, but not so with all the emigrants who preceded us on the same route ; we sometimes passed the fragments of broken wagon beds, broken furniture and remnants of broken boxes and other marks of damage by upsetting on the mountain side, where the wagon, team ad all had rolled over and over and down the steep declivity, for some rods, until checked by some tree too strong to be broken by the mass of broken fragments. By doubling teams, we could reach the mountain top, but to get safely down again called for other contrivances. One expedient frequently tried was to fasten a pretty stout pine tree to the axletree of the wagon with chains, so as to retard the downward course upon the horses. At the foot of such hills and mountains could be seen sundry such trees dragged down for the same purpose. We arrived at our Highland home after about eight weeks' constant travel, Sundays excepted." We have attempted in a brief way to go over the scenes of those early years, when the forests were unbroken, and nature in all her untamed wildness reigned supreme. We have sought to recall to the memory of the living the names of many who as pioneer hunters, surveyors and settlers, began the transformation of the wilderness into cleared and fertile farms upon which the children of the present, in elegant and substantial homes, live in ease and comfort; sought to tell the story of those early beginnings of village and towns that are now cities with teeming thousands mad in their rush and greed for gold; sought to impress upon the mind of the living that the fashions of those years have passed away ; that "the moccasin, the buckskin, hunting shirt and knife, the night repose under tree, log, or the more luxurious bark camp, the encounters with bear, panther, or Indian, are now dim in the distance," a thing of tradition but little heeded by the men and women of the present, descendants of those honest and courageous dwellers in the dark and gloomy days when danger and death was about them. As Col. John McDonald, one of the pioneers, said of the settlements on the banks of the Ohio : "The toils, hardships of the pioneer were not, however, unbroken by pleasure none the less keenly relished for springing in the wilderness. . . . The inhabitants there generally as playful as kittens, and as happy in their way as their hearts could desire. The men spent most of their time, when not on the war path, in hunting and fishing, and almost every evening the boys and girls footed merrily to the old time tune of the fiddle. Thus was their time spent in the happy state of indolence and ease, which none but the hunter or herdsman condition of society can enjoy. They had no civil officers to settle their disputes with each other, nor priest to direct their morals, yet crime among them was of very rare occurrence. Should any one who chanced to be among them prove troublesome and disturb the harmony of the community, his expulsion forthwith would be the consequence, and woe be to him 106 - THE COUNTY OF HIGHLAND.   if he again attempted to intrude himself upon them. The manner of these pioneers among themselves was affectionate and familiar. They addressed each other by their Christian names only, which custom appeared to them the most friendly and sociable mode of intercourse. To one of these old men who looks back on those days it seems as if money making and the selfishness incident to it had frozen up all the avenues to the heart; that the frank and social intercourse which was then the sunshine of society is gone, and the cold, calculating spirit of accumulation has succeeded. But while they cannot but feel the change, and occasionally cast a regretful thought backward sixty or seventy years, they are conscious that they were but acting the part assigned them, in which the art of money getting formed no ingredient. Their mission was simply to prepare the way, while that of their more fortunate successors is to cultivate, embellish and enjoy the heritage. If in this they have grown selfish, arrogant, and forgetful, it is but natural, for all their efforts necessarily center in self. Not so with the rough old. pioneers, who, though unconsciously, labored for others. The consequence was that much of the innate nobleness of the heart was developed in them, while all the baser elements were left dormant. With the people of this enlightened and property loving age the reverse is doubtless true to a great extent, and it is painful to record the fact that intense selfishness has literally dried up the modicum of the milk of human kindness compassionately allotted to frail humanity. Courage and endurance were the leading characteristics of the early pioneers, and to exhibit these in an eminent degree was to be distinguished and respected. The possession of wealth was not then, as now evidence of high moral and intellectual capacity, and therefore a passport to the confidence and favor of society." Some one has said, "that there is a nobility above birth, and riches above wealth, and of men, that the bravest are ever the most noble." This principle became the rule in those early pioneer days, and if it is correct these men of the frontier are unrivalled upon the pages of history. The followers of Martin Luther built the first church in Brush Creek township in 1805 the building was of hewn logs, and but a short time ago the remains were still visible on the original site. Daniel Inskeep, long a resident of Highland county, located on Rocky fork some two miles west of Hillsboro. He was a local Methodist preacher of some note, and to his ability as a preacher he added the useful trade of saddletree-maker, the first, doubtless of that trade in the county. Penn township, or what is now that township, received some excellent settlers in the families of Capt. Thomas M. Johnson. In moving they passed through the town of New Market and on through the site of Hillsboro to the land located by Johnson. While near the site of the old Patterson mill, one of the wagoners named McDorman took his rifle and skirted the road some distance CLEAR CREEK AND OTHER SETTLEMENTS - 107 from the wagon train. He saw some horses grazing and just beyond them a fine deer quietly nipping the grass. He could only see the deer when stooping down and looking under the horses and he was fearful if he moved the game would be frightened. While the shot was a close one he concluded to risk it, so taking careful aim he fired, killing the deer and clipping a bunch of hair from one of the horses, so close was the margin. Williams Williams from North Carolina, James and Jacob Griffin, James Stafford, Shadrach and James, Jonas and John Matthews, Alexander Starr, all from North Carolina, followed on the trail of Johnson and settled near him in Penn township. James Carlisle came from Loudoun county, Va., in 1800, locating at first near Chillicothe but in 1805 in Highland county. John Richards came with him. Carlisle was the first tobacco planter and manufacturer in the county, if not in all the region of southern Ohio. He followed this business during his long residence in the county and his brand of tobacco was famous for purity and strength. It was put up in twists of some two or three pound weight, was called for by the consumers of the weed everywhere, and no store or tavern was properly furnished without a full supply of the "Carlisle Twist." An incident illustrating the grit and power of endurance of these early settlers is told of John and James Carlisle, when boys of eight and six years. The Carlisle house was on a hill overlooking the bottom toward the north, and this hill was a regular den of rattle snakes, of which great numbers were killed. One day while the family were away from home, except John and Jim, who were busy pulling suckers in the tobacco patch, Jim suddenly cried out that he was bitten by a snake. The boys knew the fatal result of a rattle snake bite, and that something must be done. James bared his arm and placing it upon a stump ordered John to take the tomahawk and cut it off, showing him the place to strike near the wrist. John refused to do this, urging as a reason that the tomahawk was too dull, but finally consented to cut the finger off, which by this time had turned black and was greatly swollen. He made a heroic effort to sever the bitten finger, and as it was the forefinger on the right hand he succeeded in cutting the thumb also, but that not being affected by the poison was made to grow on again under the surgical care of Gus Richards. CHAPTER VI. ORGANIZATION OF HIGHLAND COUNTY. ON THE 3d of March, 1803, Edward Tiffin, first governor of the State of Ohio, was sworn in and at once entered upon the business of his office. He had the respect and confidence of the people. He had been president of the convention that framed the Constitution and was in every respect qualified to fill the honored seat. of governor. In speaking of this convention a writer has said that "it did in twenty-five days what the . united wisdom of the state, fifty years after, failed to do, after remaining in session eight months, to-wit, made a good constitution." In this convention Adams county was represented by Joseph Darlington, Israel Donalson, and Thomas Kirker; Ross county by Michael Baldwin, James Grubb, Nathaniel Massie, and Thomas Worthington, and these were necessarily the delegates of the people of the county of Highland, not yet instituted. In the first general assembly under the state constitution, which met at Chillicothe March 1, 1803, General Massie was senator for Ross, and John Beasley for Adams, and in the house Ross was represented by Robert Culbertson, William Patton, and Thomas Worthington, and Adams by Thomas Kirker, Joseph Lucas, and William Russell. Jeremiah McLene was the first sheriff of Ross county. The settlers in Ross county in and around New Market, Whiteoak, Clear creek, Rocky fork and the East fork,. Turtle creek and the East fork of the Miami were compelled to go to Chillicothe as witnesses or jurors. The distance was some forty-five miles, and the journey was most generally made upon horseback, with rifle and a good supply of johnny cake to eat on the way. When they reached their journey's end, the guns were stacked in the court house yard, the horses fed and sheltered, if possible, and their business attended to with faithfulness and despatch. On the 18th day of February, A. D., 1805, the legislature of the state created a new county, with the following boundaries: "Beginning at the twenty mile tree in the line between Adams and Clermont counties, which is run north from the mouth of Eagle creek ORGANIZATION OF HIGHLAND COUNTY - 109 on the Ohio river, and running thence east twelve miles ; thence northeasterly until it intersects the line which was run between the counties of Ross, Scioto and Adams at the eighteen mile tree on the to Scioto river ; thence northerly to the mouth of the Rocky fork of Paint creek ; thence up main Paint creek by the bed thereof, to the south line of Franklin county ; thence with said line west to the east line of Greene county, thence with said line south to the southeast corner of said county ; thence with the south line thereof, west to the northwest corner of Clermont county and from the beginning west to the north fork of Whiteoak creek; thence north to the south line of Warren county; thence with said line east to the corner between Clermont and Warren counties." This act went to effect on and after the first day of May of that year. The name Highland was given for the reason that it occupied the position upon the highlands between the Scioto and Miami rivers. It had within its legal boundaries all of Highland as it now is, about one-half of Fayette, and about two-thirds of the present county of Clinton. Its most northern boundary was the present northern line of Fayette. This large territory was at first divided into four townships, New Market, Brush Creek, Liberty and Fairfield, the exact boundaries of which cannot be given, as the records cannot be found, but out of these four have grown the seventeen that now compose the county. The organization of Highland county seemed to stimulate the people to more active exertion to advance its interest in a more substantial and material way. While it did not bring about a sudden revolution in the customs and habits of the people, yet they seemed to take on a new dignity and feel the necessity for more intelligent effort to deserve the honor of self-government conferred upon them by the organization of this new county. Heretofore they were satisfied with their corn patch and enough deer meat to carry them through the winter, but now the possibility of being public men, put in high places to be envied and looked up. to by their neighbors, stirred the ambition, native in every breast, to the exercise of new energy in domestic and social conditions, until advancement was marked and improvement plain. At the same time the county was created three associate judges were elected by the legislature : Richmond and Evans, John Davidson and Jonathan Berryman. They held a special session in. the town of New Market, on Thursday, May 16, 1805, but did no business except the appointment of David Hays as clerk pro tem., who took an oath of "allegiance and office." Soon aftr this special term a regular term was held in the same place. The court records say : "Be it remembered that at a Court of Common Pleas begun and held in the town of New Market, in the county of Highland, on Wednesday, the 12th day of June, one thousand eight hundred and five, being the first Court held under the Constitution of the State of Ohio, for the county aforesaid, on which day, 110 - THE COUNTY OF HIGHLAND. being the day and place appointed by an act organizing the Judicial Courts, Present the Honorable Robert F. Slaughter, Esquire, President, John. Davidson and Jonathan Berryman, Esquires, Associate Judges the Sheriff of this county returned the following names as Grand Jurors from the body of this county as follows : Samuel Gibson, William Hill, Amos Evans, John Creek, Benjamin Chaney, Terry Templin, Ezekiel Kelley, Jacob Metzer, William Boatman, Ebenezer Hamble, Edward Carey, James Fitzpatrick, John Gossett, . Samuel McQuitty, Michael Metzer, Anthony Franklin, and Christian Bloom. The Court appointed Samuel Gibson foreman. By an order of the Court, Abram J. Williams is appointed prosecutor of Highland county. The report of the Commissioners for fixing the seat of justice in the county of Highland, was this day handed in and ordered filed. The court adjourned until tomorrow morning at 10 o'clock. "Thursday, 13th. The court met agreeable to adjournment, the same Judges as yesterday. The court proceeded to appoint a county surveyor, Walter Craig was duly appointed." We can find no record for the appointment of sheriff for the county, but conclude from the following recorded order of the court that Daniel Evans was the first sheriff : "By order of the Court that Dan Evans, late Sheriff, be exonerated and his securities, which are William Hill and John B. Bails, from their bond given for the discharge of the duties of Sheriff." We infer from the date of this order, October 19, 1805, that Mr. Dan Evans was the first sheriff of Highland county and that he received his office by order of the court. At a "special session of the court of Common Pleas held in Ne Market, in the county of Highland, on Friday, the 14th day of Jun• 1805, present the Honorable John Davidson and Jonathan Berry man, Esquires, on which they proceeded to appoint a recorder fo the county of Highland, and the said Associate Judges then and ther appointed David Hays Recorder for said county." Amos Eva was the first coroner. Again we have the record: "At a court of Common Pleas began and held in the town of New Market, in the county of Highland, on Friday, October 18, 1805, present, the Honorable Robert E. Slaughter, Esquire, President, Richard Evans, John Davidson, and Jonathan Berryman, Esquires, Associate judges the Sheriff returned a Grand Jury, to-wit: Nicholas Robinson, foreman, Jonathan Boyd, John Shields, Thomas Stiles, Samuel Hindman, Isaac Leaman, Terry Templin, Elijah Kirkpatrick, Jacob Metzer, John Finley and Eli Collins." The first case shown by the docket was "Collins vs. Kerr, Robert Huston and Oliver i Ross special bail." The court at this session ordered: "By order of the court that Mountain Lucket receive a certificate to retail merchandise for three ORGANIZATION OF HIGHLAND COUNTY - 111 months, and Frederick Miller a certificate to retail merchandise for four months; and also Jonathan Berryman to keep a tavern in the town of New Market. The first criminal case upon the docket of this court is "State of Ohio vs. Charity Collins, the defendant was called and showed her recognizance and was therefore discharged." In the "State of Ohio vs. Isaac Collins," the court found that said Isaac Collins should be "bound for his good behavior" by giving two securities in the sum of one hundred dollars each, that is Robert Huston and Oliver Ross." During the session of this court George W. Barrere and Ebenezer Hamel were granted letters of administetration and the court appointed Robert Huston, William Boatman ad Lewis Gibler appraisers of the goods, chattels, rights and credits of Alexander Sanderson, deceased, and "they are required to make. return to the Clerk's office according to law." George W. Barrere was given a certificate to keep a tavern in the town of New Market for the term of one year "on the paying into the county treasury the sum of eight dollars and Thomas Dick was given the same right to keep a tavern in Brush Creek township 'by paying six dollars. David Hays was appointed clerk to the court of common pleas, for the county of Highland, who took the oath of the office pursuant to law ad gave bond with surety, which was approved by the court. New Market was not the established seat .of justice, but the only place near the center of the county where the "honorable court" could meet. There was no building in the town suitable for court business, so the court house, like "Milton's limbo," was "large and wide," being the thick shade of an interminable forest. Puncheon seats supported the dignity of this judicial body, while the people had ample room to be seated upon the bosom of mother earth or upon some log or stump, as best suited those who were desirous of sitting down or had business with the court. The sheriff had much trouble in keeping "order in the court" and one fellow, more daring than the rest, rode into the very presence of their honors, pulled out his bottle and asked the court to "take a snort." The judge ordered the sheriff to take the man into custody, but the fleetness of the miscreant’s horse saved him from arrest. Three or four fights the first day relieved the monotony of the occasion. It is not known how the first board of commissioners came into existence, as there are no records showing appointment or election. The presumption is in favor of appointment of such board by the old court of Quarter Sessions. "This court was composed of not less than three nor more than five Territorial justices of the peace."But that there was a board of commissioners which held a session as early in the history of the county as June 13, 1805, is certain. At this meeting referred to, the county tax was levied as follows : “Thirty cents per head on horses and ten cents per head on cattle, and on all other property subject by law to taxation one-half per 112 - THE COUNTY OF HIGHLAND. cent." "Ordered that any person obtaining a license or permit to keep a tavern in New. Market, shall pay the sum of eight dollars per year. Ordered that any person obtaining a license or permit to keep a tavern on any road in Highland county shall pay six dollars per year. Ordered that John Richards be and he is hereby appointed Treasurer of Highland county. Board of Commissioners adjourned until the first Monday of August next." Joseph Swearingen, George Richards, and Nathaniel Pope constituted this board. At the next meeting nothing was done "but make out the duplicates for the Listers, according to law" and approve the bond of John Richards as treasurer. At the next meeting of the board the county surveyor was ordered to "run the boundary line of Highland county, beginning at the twenty mile tree in the line of Adams and Clermont counties which was run north from the mouth of Eagle creek, meanders of Paint creek excepted." On September 10, 1805, the board again met. "Ordered that Abraham Williams receive an order on the treasurer for twenty dollars for prosecuting at the June term. Ordered that William Saymore receive on order on the treasurer for six days' service—twelve dollars—for fixing the seat of justice for Highland county. Ordered, that Joseph McCoy receive an order on the treasurer for six days' service—twelve dollars—for fixing the seat of justice of Highland county." The commissioners received for their services two dollars per day, acted under oath and reported to the court of common pleas sitting in the county. The pay of grand jurymen was seventy-five cents per day. On the second Tuesday of October, 1805, the first county election for Highland was held in the several townships ; New Market was the voting place for that township ; William Hill's, on Clear creek, for Liberty ; Beverly Miller's on Hardin's creek, for Fairfield ; and Frederick Brougher's tavern, for Brush Creek. By the act of the legislature, April 16, 1803, it was made the duty of the court of common pleas of the several counties, to establish townships, each of which should be a voting district. The associate judges were required at their first meeting to name a certain house in each township, as nearly central as possible, at which the electors should meet and cast their ballots. It was the duty of the sheriff to obtain, at the expense of his county, suitable boxes, one for each township in his county, to be deposited at each voting place. At this election on the day fixed by the constitution all the county officers made elective were voted for. A record on the books of the commissioners shows the following, November 4, 1805: "In pursuance of an act passed by the general assembly of the state of Ohio, to elect three commissioners for the county of Highland, has duly elected Nathaniel Pope, Jonathan Boyd and Friderick Brougher." Jonathan Boyd was made clerk of the board. At this election George W. Barrere was elected senator and John Gossett representa- ORGANIZATION OF HIGHLAND COUNTY - 113 tive to the state legislature. A good. story is told by an old time friend, and printed some years ago, about the lost shoes of John Gossett, Highland's first representative in the legislature. Gossett was a very worthy and unassuming farmer, differing in no essential particular from his pioneer neighbors. The era of the leather hunting shirt, breeches, moccasins and coon skin cap had but recently given place to the homespun rig of bark-colored linsey, wool hat and cow skin shoes, most frequently made of fair leather. In this style all new, of course—our worthy first representative to the legislature made his appearance at the seat of government. Senator Barrere accompanied him. How Barrere was dressed is not known, but doubtless much after the style of his friend and neighbor. They arrived at the capital, Chillicothe, and put up at the best hotel. Being fatigued with their long ride through the woods they retired shortly after slipper, giving their shoes to the polite negro boy in attendance and receiving in lieu a pair of old fashioned slippers. In the morning' they arose early and went down to the bar room. Barrere picked out his shoes from the long row of nicely blacked boots and shoes arranged along one side of the room. Gossett also attempted to do the same but could not see his shoes, so he waited the till landlord came in. He then asked for his shoes. The landlord was busy waiting on thirsty guests at the bar, and in reply pointed to the row against the wall. Gossett again examined with more care, but in vain. He was a quiet, modest man, and did not like to cause rbance. After a while the boy came in, and Gossett, taking him ne side, told him his troubles, but the boy could give him no comfort All the boots and shoes were there that had come into his , hands, he was sure, and further he could give no information. Gossett began to grow uneasy. He half suspected that his shoes were stolen but he kept quiet until after breakfast and all the boots and shoes had been picked out and placed upon their owners' feet, except one pair of heavy brogans. These he eyed closely, but they bore no resemblance to his. Finally he determined to speak to the landlord , again for by this time he became fully convinced that he was the victim of foul play. On his second and more emphatic announcement that his shoes were missing and he suspected they were stolen, the landlord became interested in the trouble of his guest. He told him all should be made right; that it should not be said that any man lost his property in his house; that he would get him another pair made as soon as possible, and in the meantime try on the pair standing against the wall and if he could wear them, keep them on, as they seemed to have no owner, till he would have his measure taken and get another pair. Gossett accordingly put them on, and found they fitted him exactly. He was surprised and examined them more closely, when to his astonishment they turned out to be his own shoes, H-8 114 - THE COUNTY OF HIGHLAND much disguised, however, by a heavy coat of blacking, the first that had ever been applied to their leather since it had left the cow's back. By an act under the Territorial form of government in 1802, and afterward adopted by the State legislature, the people of each township were required to meet on the first Monday of April yearly, at such place in the township as might be ordered at their previous meeting, and elect a township clerk, two or three overseers of the, poor, three fence viewers, two appraisers of houses, one lister of taxable property, a sufficient number of supervisors of roads, and one or more constables. The duties of these officers then were about the same as they now are, and their term of office was for one year. This act was the basis for township organization. Under an act, April, 1803, empowering the associate judges to establish townships, and assign to each township a suitable number of justices of the peace to be elected on the 21st of June following, Biggar Head was elected for Brush Creek, George W. Barrere for New Market, Samuel Evans for Liberty, and James Johnson for Fairfield. The commissioners were busily engaged during this year in laying out and opening up roads in the county. The Anderson State road, from Chillicothe to Cincinnati, was surveyed and opened under the superintendence of Col. Richard C. Anderson, by authority of the state, in 1804-5. It was cut out about forty feet wide, at a cost of eighteen dollars per mile, the bridging excepted. The roads this year were opened through New Market township. New Market town being the county seat, all roads were opened in reference to that fact, and were directed toward that important center or some main road passing through it. Highland's first representative in Congress was Jeremiah Morrow, first elec.ted in 1803,' and re-elected until 1813, when he was chosen United States senator. Mr. Morrow was a native of Pennsylvania, and came to Ohio "very poor," says a friend, "and without the aid and influence of others, but he gradually, by his native good sense, honesty and industry, achieved both fortune and fame." In 1850 when in Hillsboro with General Harrison, Senator Morrow remarked that the first night on his first journey to Congress his camp was in Highland, but he could not recall the exact spot. In the early days of the county, and in fact in Ohio, count auditors were unknown. The duties now performed by the audito were then the work of the commissioners, together with about the same work that now commands their service. Seventy-five or eighty years ago, the small amount of taxable property owned by the citizens of Highland made but little work in making out the annual duplicates, and could be be easily performed by the board of commissioners without extending their regular session. The act creating county auditors was passed in 1821, and before the passage of this act the clerk of the board of commissioners performed the duties of ORGANIZATION OF HIGHLAND COUNTY - 115 the auditor of the county. We give some extracts from the record of the commissioners, of interest doubtless to the burdened taxpayers of the present day. "Ordered that Martin Countryman receive an order on the county treasurer for one dollar for carrying the returns of the Brush Creek township elections to New Market, Highland county, October 10th, 1805." "Ordered that Walter Hill receive an order on the county treasurer for five dollars and fifty cents for carrying the elections from New Market to Chillicothe." The first year of the existence of the county closed with good crops, increased population and a contented and happy people. No social discord disturbed the peace and harmony of the community; no pride of birth nor arrogance of wealth, drew aristocratic lines around the old fashioned fire place but all alike received cordial welcome to hearth and home. They were a part of families they were to be exalted into a nation. There was to be a transition effected from the simplicity of the pioneer settlements to the superb outlines of a mighty republic. Those pioneer times were the training schools, in which they were to be taught, although sometimes reluctant and indocile learners, the forms of civil government, the theory of sub-ordination and order and the arts and habits of civilized life. One of our worthy citizens, Colonel Keys, has written of the people of the first decade of the last century : "The population that settled Highland county were a hardy, industrious class of people, a great proportion NiTere from the southern states and had been raised to labor and industry. Early impressed with the necessity' of earning their bread with their own hands, they were well adapted to the toil and privations incident to the new country they had chosen for their homes. They were generally in the prime of life—young couples just entering upon the family relation, and ambitious of achieving wealth and position in society.. Comparatively few of them were old persons, though in some instances heads of grown families sold their possessions in the old states and purchased with the proceeds larger tracts of land in the new settlement of Highland, settling their children around them, and thus in a very few years vastly increased the wealth and thrifty circumstances of their families. At this time our country was almost entirely covered with a dense forest of timber of gigantic growth, that just such a population that first settled it and made war upon the great oaks, was required and necessary to bring it int8 subjection. The days of Indian fighting were happily over, and the energy and courage of true manhood was directed to the next great work of civilization, the battle with the Item but relentless forest. This fight was kept up for many years. The stately oak, ash, hickory, sugar-tree, maple, gum, and walnut, hich for centuries exhibited the productive qualities of the soil of hland, were of necessity regarded as enemies to the advance of n and his plans. Extermination was the word. Next to the 116 - THE COUNTY OF HIGHLAND. Indian, these beautiful forests were regarded the worst enemy of man. The settlers made common cause in their attacks on the forests, and the way our noble young men, who made and carried on the warfare upon them, opening up and clearing farms, in many instances 'smack smooth,' as the phrase is, was in truth no child's play." Another old settler supplies the following: "The first and early settlers of our county were almost entirely deprived of the benefits and blessings of gospel preaching. There were no churches except one or two small congregations too remote from the mass of the inhabitants of the county for their attendance, except in very fine weather and on extraordinary occasions. The consequence was that no religious society or religious meetings were known in many settlements at all. The people were thus totally deprived of the benefits of church organizations and regular attendance upon the worship of God. There were no school houses with very few exceptions and no schools taught. The youth of that day received no instruction in reading, writing and arithmetic, except that which their parents might give them in the long winter evenings. School' masters were then unknown, and for long years the means for acquiring an education was denied to the children of these wilderness homes." The people lived in log cabins, without perhaps a single exception even in the towns. Some of these cabins had lap shingle roof, and possibly a four glass window, which was regarded by some as an -undue waste of .means and decidedly aristocratic in tendency which ought not to be encouraged. Furniture was not plentiful and wha they had was rude and clumsy. The absence of roads and the great distance to be traveled through an unbroken forest made the transportation of this class of goods impossible, and few, if any, of the emigrants thought of making the effort. After reaching their new home it required but a few hours to make the needed supply for their one-room cabin. The tables were made by splitting a large tree, dressing the surface of the sides with an adze and then fitting legs of stout timber in them stools and bedsteads were made in the same manner. Cupboards were always placed in one corner of the cabin, made of clapboards, placed upon pins driven in auger holes in the logs. On these shelves were placed the bright pewter plates, standing upon their edge, their faces toward the front, these were the only table furniture except the cups and knives and forks, these last frequently wooden. The larger dishes were of wood, a skillet and hominy boiler completed the list of household and kitchen furniture even of the wealthy. Necessity in this case was not the mother of invention but a leveler of all class distinction in ornamentation and display. There were no physicians in those days and in fact not much need of any, as there was but little sickness, and the old women seemed able to control with herb teas the various cases inci- ORGANIZATION OF HIGHLAND COUNTY - 117 dent to the country. Mrs. Samuel Gibson was noted for her skill and went far and near when needed. In a still later day Mrs. Daniel Inskeep practiced extensively. The implements of husbandry were few and clumsy. Chief was the old Virginia bear plow with wooden mold board, weighing much more than one of the splendid steel plows of this day. All the iron about one of these primitive plows was the sheer and coulter, but what it lacked in iron it made up in wood, clumsy and heavy. In length, when bitched up, they were about fifteen feet, and, as remarked by an old man who had used them, "the wickedest thing to kick, except a mule, ever known." It has been said that one of these plows kicked a man over a pole fence, and kicked him after he was over two or three times. Axes were very heavy and hoes were the same. Saws and drawing knives were scarce articles and went the rounds of the neigh" borhood when they could be found. Harness was made of raw hide traces and bridle, while woven or plated corn husks were used for collars. There were no saw mills and such a thing as a plank could not be found in the county. Much has been written and said of the pioneer fathers, but little mention made of the pioneer mothers who shared the hardships and dangers of those days, when toil was their daily avocation, and the nights found them still engaged until the stars paled before the coming dawn. The family had to be clothed. The days of deer skin clothing had passed, and some arrangements must be made to meet the change in the social style of the times. Flax and wool had to be prepared to meet this demand. They had to cultivate flax and raise sheep. The wool had to be carded by hand, and then spun and woven for all the winter clothing. This work must be done by the women of the home and if the children were small, or too young, mother had to do it all. Often she had to help husband in clearing the ground, helped in the harvest, at the threshing and cleaning of the wheat, husk corn, and shell corn, hunt the cows, carry in the wood, range the woods in search of greens to cook with jowl, the sins of last fall's bacon, with corn bread, the meal for which she doubtless pounded or ground upon the hand mill, made an excellent dinner for the hard working husband and sons. With the other labor of the year she had to pull the flax, spread, and when well rotted, bread and hackle it. She must spin and weave the linen for shirts and pants for husband and children, this must be made up, kept clean and whole by washing and mending. All this and more, the patient, loving wife and mother was forced to do to meet the demands of those early times. In this manner from year to year passed the whole of the life of those noble mothers. Justice has never been done to these pure hearted, faithful and devoted mothers. They were the true heroines of the west, yea, of the world, for no 118 - THE COUNTY OF HIGHLAND. history of the world has given a better picture of true womanhood than these self-sacrificing women, giving their lives to the faithful and cheerful discharge of their duty. But these mothers and maids of Highland have long since gone down into the silent chambers of the dead, their graves unmarked, perhaps forgotten, their names forgotten in the annals of the west, except a few, who may have been captured by the Indians, or were prominent in the defense of some fort or blockhouse where husband, sons or brothers were sorely pressed by savage foes. To the unnamed of Highland's pioneer wives and mothers we drop this tribute of love and tenderness—this evergreen, culled from the store house of memory, to place upon their unmarked tombs. May they have in final triumph a heritage of glory, immortality and eternal life in the world to come. We cannot dismiss this question of social conditions without speaking of some of the vices common in that day as well as our own. The vices and follies indulged in were given the general title of sport, without taking into consideration the influence over the young, which was pernicious and damaging. "In Highland county, New Market was then the center of fashion and refinement, as well as vice and profligacy." Whiskey was the prime cause of much of the evils of the social conditions then, as it is now, and to this fiery beverage can be traced some of the tragic events that marred the beauty of those early days. But there was much more rough sport than tragedy, and a volume could be filled with amusing stories that were familiar to Highland county pioneers. None is more lively than those that concern the exploits of James B. Finley at a time when he was known as "the New Market Devil." Late in the fall of 1805 Adam Barngruber came to New Market from Kentucky with a four-horse wagon load of merchandise, including a barrel of whiskey and a keg of tobacco, as well as remnants of calico, cotton handkerchiefs and shawls. These goods he placed on sale in a small cabin about twelve feet square, and his partner, a Dutchman, named Fritz Miller, undertook the selling. This was the first trading store in New Market, and it is believed the first in the county. Fritz, by reason of his whiskey and tobacco, soon had lots of friends, and Barngruber soon returned from Kentucky with another load of goods of the same character.. Winter came and during the long nights Fritz Miller's was a favorite resort. At these gatherings James B. Finley was prominent, and many were the tricks played upon poor Fritz for the amusement of the company. The following winter there was organized in Fritz Miller's grocery a bogus lodge of Freemasons, the master of which was J. B. Finley. This new order soon became very popular, and petitions for initiations were numerous at each regular meeting, which was in the dark of the moon in each month in any old shanty they could get, and ORGANIZATION OF HIGHLAND COUNTY - 119 frequently in the woods and corn fields during the summer. Among those who petitioned for membership was Fritz, who seemed to be the butt of most of their pranks. Tradition says that the ceremony of initiation was performed in the most solemn manner. At the conclusion of the rehearsal of the ritual of the order, the candidate was branded with a red hot nail-rod, and duly pronounced by the master a "free and accepted mason." So thorough was the branding, and so hot was the nail-rod, that the smoke rose to the roof and Fritz howled in Dutch from the pain inflicted. Soon after this event James B. Finley visited a camp meeting in Kentucky, which was attended with strange physical manifestations, violent and unnatural. The persons brought under the religious influence of the hour, and they were generally the most wicked and desperate sinners in the congregation, would be taken with a sudden twitching and jerking over the entire person, but this would ulmatitely be confined to the head alone, which would jerk backward and forward with such violence that the hair of the head of women would crack like whip lashes, so violent was the motion. Becoming exhausted, the person would fall to the ground, many remaining conscious for hours, who when returning to consciousness would shout the high praises of God, and tell the wonderful things they had seen and heard while out of the body. Finley was greatly exercised and frightened by these manifestations, and feeling the symptoms of the jerking coming over him, fled from the ground greatly agitated and filled with dreadful forebodings of death and hell. Stopping that night at an old German's who was a devout Methodist, he told or explained the state of his mind as best he could to his host, who told him in his broken manner that it was the "defil" coming out of him. With strong cries and tears he besought the Lord to ye a save poor sinner from the power and dominion of the evil one. Before the morning light had chased away the night a great calm fell upon his troubled spirit. Fear had gone, and such a full sense of peace and joy filled his soul that he began shouting. From that hour he was a changed man, the whole current of his life directed into another channel. He joined the Methodist church, was licensed in preach, entered the traveling connection, and for years was a faithful, earnest and intelligent minister of the gospel. He was at one time chaplain of the Ohio penitentiary. The father of Rev. James B. Finley, Robert W. Finley, opened a classical school in a cabin on Whiteoak, and taught Latin, Greek, and Hebrew to all who had any desire for such accomplishments. John W. Campbell, well known in this region as a member of congress from the district in which Highland then was, attended this school. The elder Finley gave a most thorough education to his son John, who was regarded as the most brilliant and intellectual mem- 120 - THE COUNTY OF HIGHLAND. ber of the Finley family. He also became a Methodist preacher in 1810. In 1822 he was appointed professor of languages in Augusta college, Kentucky. He died in 1825. On another page we made some extracts from the written narrative of Col. William Keys, showing the hardships and trials of a journey from the east over the mountains to Ohio, and left the Colonel and his, train of followers at Paint creek, two or three miles above the Rocky Fork branch of that creek. We copy the following: "On the 20th of November, 1805, we found a spring on our land, and, by cutting a wagon road to it, landed all safe. We cleared away the brush, erected a tent, before which we kept a huge fire, and soon commenced to build a cabin, which being completed, we moved into on Christmas day, 1805. Our cabin was a rough looking concern, but it sheltered us from the storm, and kept us dry and comfortable, and as usual all over the west, we kept the latch string hanging out." The party of Colonel Keys included his wife and child, his mother, four sisters and his two brothers. One of the sisters became the wife of Samuel Ramsey, another married Hugh Hill, and another a man by the name of Jones. Samuel Reece came from Berkeley county, Va., and settled on Fall Creek. He was a man of strong good sense and of considerable culture, represented Highland county in the legislature and after his removal from the county to Cincinnati represented Hamilton county in the same body. Abner Robinson sold out his possessions on what was known as the Old Washington road, to Foster Leverton, an Englishman by birth, who resided for a number of years on that farm. He has been dead a great many years but left a large family of children and grandchildren, most of whom reside in Highland county. The Barretts, Cowgills, Crews, Sharps, Wilkins, and a host of others moved into the county at the various points that best suited their taste and inclination. One noticeable fact in these early settlements is that the large majority of them were located along water courses. Some rich bottom lands were found along these streams, which, was doubtless the reason for its selection, while the necessity and advantages of milling privileges may have been an important element in determining locality. Mills soon appeared along the various streams, whose volume of water promised to give permanent work for this very essential industry in the midst of a rapidly increasing population. On the 26th of December, 1805, the records show that Walter Craig received $87.75 for surveying the county of Highland, and that John Davidson was paid $30 as associate judge, and David Hays received $60 for serving as clerk of the court of Highland, and that Jonathan Berryman, Esquire, was paid $35 for acting as associate judge and for other expenses. ORGANIZATION OF HIGHLAND COUNTY - 121 The public records of 1806 reveal that : "At a court of Common Pleas begun and held in the town of New Market on the 20th of February, 1806 Present John Davidson, Richard Evans, and Jonathan Berryman, associate judges, the president judge being absent. The sheriff of this county returned a grand jury came into court Frederick Miller and saved his recognizance. Ordered that Joseph Van Meter receive license to keep a public house in the county of Highland. Collins vs. Kerr, rule to plead at the next term, and continued. Ross vs. Barrere—On motion of defendant by counsel, a rule is granted herein for dedimus to issue directly to any justice of the peace in the town of Natchez in the Mississippi territory, to take the deposition of Benjamin Gooding, on any day between the 25th of April and the 10th day of May next, to be read in evidence on the trial of this cause. Ordered, that William B. Luckett receive license to retail merchandise for three months. By order of the court, that the laws and journals of the State of Ohio be distributed as follows, towit: One copy of each to each justice of the peace in the county of Highland, one to each associate judge, one to the sheriff, one to the coroner, one to the clerk and one to each commissioner." The second term of the court began on the 11th day of June, 1806, sitting upon a puncheon bench in the shade of a mighty oak, and its most memorable event was the "contempt" of Andrew Badgley. The story of Badgley's contempt of court is told by J. B. Finley in his pioneer sketches of early Methodism, in a graphic manner. "Capt. Andrew Badgley was a Kentuckian, who came to Ohio about the time it was organized under the constitution, and settled on Whiteoak. He was a very strong and active man, and wild and bold as he was physically powerful, particularly when he had been drinking whisky, as was frequently the case when away from home. On this occasion he was called before the court as a witness in a case. He took the stand, after being sworn, and commenced his statement, but it was too remote from the point to please the counsel, and he rather rudely, as Badgley thought, stopped him, and requested. him to tell what he knew about the matter in issue. Badgley, a little riled, resumed the same roundabout narrative of the circumstances, introductory, as he intended it, to the main point. Again the counsel stopped him, but Badgley by this time had his blood up, and he determined to go through with his story. The lawyer appealed to the court, who commanded the witness to stop and take his seat. Badgley stood a moment boiling with rage, eyeing the court, and then remarking in a loud and angry tone, "This is the d—dest district court I ever saw, and I won't stay in it. You summons a man before you, and swear him to tell the truth, the whole truth, and nothing but the truth, and then you won't let him. tell it." As he 122 - THE COUNTY OF HIGHLAND   uttered the last word he strode out of the crowd collected around the court with an air and mien as lofty as a knight of the Middle Ages. The court was perfectly astounded, and the president judge could not at first find utterance for his wrath. When his Honor was able to order the sheriff to arrest that man instantly, the hot headed captain was already under whip, on a splendid Kentucky gelding swift as the wind, and was out of sight in a moment. There were, however, many horses hitched around among the bushes, which formed the outer boundary of the court room, and the sheriff, Major Franklin, ordered some ten or fifteen men to accompany him. They mounted in hot haste and gave chase, for in those days the Highlanders held the majesty of the law in great respect, but they were left far behind, and. when they arrived in the vicinity of Badg- ley's cabin, some ten miles distant, they met a neighbor, who informed them that Badgley had arrived at home about an hour before, in a fury, had barricaded his cabin, and with two rifles, plenty of ammunition, a. tomahawk, butcher knife, and two axes, defied the court., declaring he would kill all the men Judge Slaughter could send before he would be taken alive, to New Market. So Major Franklin and his posse, after a brief consultation, concluded to return and report to the court. The judge's temper also yielded. He manifested considerably more anger than comports with the dignity of the bench, and ordered the sheriff in the most peremptory manner to take a sufficient armed force and fetch Badgley dead or alive. Judge Davidson then suggested that the consequences would be quite serious, and perhaps cost several lives if the order of the court were carried out, and James B. Finley, who was in the court, rose and addressed the court to the effect that it was no use to go to so much trouble and expense; that if the court would give him authority, he would bring Badgley himself. Through the influence of Davidson, who was Badgley's neighbor, no further order was made, and Finley, with the consent of Franklin, started alone to see Badgley. In a few hours he returned with the captain, sober and penitent. He approached the court, and apologized in a very handsome manner, telling the court, however, that he would not cringe to, or be trampled upon by mortal man. The court considered the matter, and the president, having cooled down, was inclined to drop the matter, but "for outside appearances and effect," a fine of ten dollars was imposed, which the gallant captain cheerfully paid. This term of court extended over the period of four days' during which twenty-five cases were disposed of. Singular as it may appear, nearly all the business of this term was slander suits most but the jury seemed to be composed of sensible men and the dama were generally placed at one cent. Collins vs. Kerr was the mo important suit of the term. It was upon covenant, demand of ORGANIZATION OF HIGHLAND COUNTY - 123 eighteen hundred dollars, was tried by a jury and a verdict for plaintiff for six hundred given. One record of this term contains the following: "Came into court Marshall C. Hays, who took the oath to support the Constitution of the United States and the State of Ohio, and also the oath of office as an attorney counsellor of law." We thus have the record of the first lawyer for the county, i. e., created by the court of Highland. The fall term of this court lasted two days, and the record closes with the notation that license was granted G. W. Barrere and Francis Nott to keep public houses for the term of one year. The first term of the Ohio supreme court in Highland county, the supreme court being a traveling tribunal under the first constitution, was held at New Market in October, 1806. "Judges Ethan Allen [Brown] and W. W. Irwin," says Scott, "opened court and impanelled a jury to try again the rather famous case of Isaac Collins vs. Joseph Kerr, in which the attorneys were James Scott and William Creighton, of Chillicothe. The jury returned a verdict of $650.50 in favor of Collins, but, on motion for a new trial, the case was continued until the next term, set for October, 1808. CHAPTER VII. CHANGE OF COUNTY SEAT. AT FIRST the talk of removal of the county seat from New Market excited little attention, and slight uneasiness was felt over the remote possibility of such an event. When New Market became the county seat, if such it could be called, it had been whispered that the fact was not established, and that at some future day another site, more centrally located, would be made the capital of the county. Joseph Kerr, who owned most of the lands around the town, or had sold them under the assurance that the place would remain permanently the seat of justice, was a man of learning and ability, and prompted by personal interest he used all his influence in suppressing the talk of change. But as the agitation of the question became more intense, the people of New Market grew seriously alarmed. Many of them had bought lots and made improvements, with the understanding that the county seat was a fixed fact. The people north and east of the town far out numbered, two to one, the dwellers in the town and south and west of the village, and it was this class that clamored for removal. New Market, writes one, during the eight years it had been a town, had not made for itself a very enviable reputation. The surrounding population were, with many worthy exceptions, rather on the rowdy order, and a considerable number of the citizens of the town were worse if possible than those in the vicinity. As in all new counties the location of the county seat is a matter generally of personal interest as well as widespread and intense excitement. It was so in this case, the removal of the county seat was the subject of all discussion. The Clear Creek settlement furnished the warmest and most resolute advocates for the change. The men of this settlement were leading and influential citizens, of high character, and much determination of purpose, and would not hold their peace while the county seat remained in New Market. From the known ability of Kerr, as a man of wealth and education, he was looked to by the friends of New Market to advocate their cause and protect their interest. While Kerr persisted that there was no danger of