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subdivided into sections one mile square, and the numbering of the ranges and townships started in Jefferson County, Township 2 of Range 1 being the northeast corner of Wells Township, including Sections 29, 30, 34, 35 and 36, Section 1 which is cut off by the river would be located a mile above Warrenton. In Range 1 are included the east ends of Saline, Knox, Island Creek and Wells Townships, and all of Steubenville, which is only a fractional township. The line dividing Sections 29 and 30 from 35 and 36 in Steubenville City runs through the Washington schoolyard just west of the building, so that point is exactly five miles west of the Pennsylvania line. In the second range are the greater parts of Saline, Island Creek, Wells and Warren Townships, with all of Cross Creek, Brush Creek, Salem, Wayne, Smithfield and Mt. Pleasant are all in the third range, while Springfield, a somewhat irregular projection on the west side is the sole representative of the county in the fourth range.

Investigations in the public land office and Library of Congress by A. M. Dyer, curator of the Western Reserve Historical Society, made in 1909, have disclosed some facts not hitherto known in connection with the history of the Seven Ranges. Hutchins located the initial point where the western boundary of Pennsylvania intersects the northern bank of. the Ohio in September, 1785, determined its latitude in October, and officially reported it as 40 degrees, 38 minutes, 2 seconds. The first year's survey was a line four miles long, called the Geographer's line, running due west from this point. In 1786 this line was extended fifty miles westward to the ninth range. There it joined the Ludlow line marking the Indian boundary according to the Greenville Treaty. In 1800-1801 these Seven Ranges were extended northwardly to 41̊, giving four additional townships in each range and continuing the survey to the southern boundary of the Connecticut Reserve. It has been generally stated by historians that the famous Seven Ranges extended from the Ohio to the forty-first parallel, and as late as April, 1909, this was the general opinion even in the land office. Mr. Dyer also resurrected a copper plate, 13 ½ x23 1/2 inches, published about 1795 by Matthew Carey, Philadelphia, showing the plat of these lands.

On May 27, 1785, congress elected a public land surveyor from each state, and in July, 1786, they assembled at Pittsburgh under the direction of Thomas Hutchins, United States Geographer, who had been a military engineer under General Bouquet. It was to protect these surveyors in the Indian country and form a base of operations that the fort above described was 'erected and named after the Prussian Baron Steuben, who rendered such efficient service to the colonies in the Revolutionary War. Our first information concerning this fort is derived from Major Ekuries Beatty, father of the late Rev. Charles C. Beatty, D.D., of Steubenville, who was paymaster in the western army, and came to the Ohio country in 1786. He kept a diary of his transactions, from which we learn that while ascending the river to Pittsburgh he met Captain Hutchins and party on July 21st, encamped opposite Little Beaver preparing to begin their survey. He also met two boats with the baggage of three military companies en route to Mingo. On the 31st he started down the river, and, at 3 o'clock in the afternoon of August 2d, arrived at Mingo, where Captain Hamtramck's, McCurdy's and Mercer's companies were encamped, and had just been. mustered and inspected by Major North. They had showers, and the troops were encamped on the river bank "opposite the lower end of a small island."

Major Beatty continued his journey to Kentucky, and in September started on his return trip. During the interval Major Hamtramck doubtless concluded that the second terrace three miles up the river would be a better location for a fort than the lowlands at Mingo, and had begun the erection of Fort Steuben. So, under date

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of September 22d, we find the following entry in Beatty's diary:

"Stopped at a small blockhouse today on the Indian shore which Major Hamtramek had built for the security of his provisions. Saw here Capt. Mills, the commissary, and Mr. Hoops, a surveyor, who told us that they expected the troops and all the surveyors in, on account of an alarm they had received from the Indian towns. Arrived to-night within three miles of Yellow Creek."

This was the first of the four corner blockhouses. The fort was completed during the winter and quite an account of life within its palisades is given by John Matthews, a nephew of General Putnam, who was one of the surveyors. His first note under date of July 31st refers to the camp opposite Beaver, "where the surveyors were waiting for the troops from Mingo which are to escort them in the survey." Caldwell concludes that he here refers to Fort Steuben, which at first was often confounded with Mingo, that being the historic spot of the Ohio country, but Matthews means just what he says, for we have seen from Beatty's diary that the troops were actually at Mingo at this time. Matthews gives an interesting account of his work with the surveyors, but Captain Hutchins having left for New York on January 27, 1787, we next find these entries :

February 3. This evening I received a letter from Major Hamtramck, requesting me to come and take charge of the commissary department at Fort Steuben, which is three miles above the mouth of Indian Cross Creek, on the west side of the Ohio.

Sunday, 4th. I went to Fort Steuben, in company with Mr. Ludlow, one of the surveyors, and engaged to be ready to take charge of the stores on Wednesday next.

Fort Steuben, Thursday, 8th. This morning Mr. Peters delivered the stores in his charge to me. I am now entering on business with which I am unacquainted, but hope that use will make it familiar to me. I have to issue provisions to about seven hundred men.

April 10th. Captain Martin and Mr. Ludlow left this place for the woods, to continue and complete the survey of the ranges.

17th. Mr. Smith left this place for the woods.

21st. Mr. Simpson left here for the woods.

May 8th. This day three of the surveyors and their assistants or parties arrived from the woods, viz.: Captain Martin, Mr. Simpson (surveyor from Maryland), and Mr. Ludlow; they arrived at Wheeling the 5th inst. Their coming was in consequence of information from Esq. Zane that the Indians had killed three persons at Fishing Creek, and taken three more prisoners on the 25th day of April. Mr. Smith is yet in the woods, and nothing has been heard from him since he left this place, as he did not come up with Mr. Ludlow on the seventh range, as was expected, but by comparing circumstances I apprehend no misfortune has befallen him.

Thursday, 10th. Mr. Smith and party returned from the woods, and all is well.

12th. We have intelligence this day that the Indians had murdered a family on the night of the 11th, about fifteen miles below this place. On my way to Esq. McMahon's I saw several persons from Wheeling, who informed me that there was one man and two children killed, and two children taken prisoners, and the woman badly wounded.

Wednesday, 23d. I was ordered by Major Hamtramck to engage a number of pack horses to go into the woods with the surveyors and escorts, to carry the provisions. Went up Buffalo Creek about ten miles in search of horses. There are several mills on the creek, and the best farms I have seen in this country.

24th. Rode to the court house in Ohio County. There is a good town laid out there, and about twenty of the lots occupied (West Liberty).

25th. About 2 p. m. arrived in the fort, not having very good success in procuring horses, but a prospect of completing what I want. A part of the troops stationed at Steuben had left here during my absence, being ordered to Muskingum, and the remainder immediately to follow. Their further destination is not known. Major Hamtramck informs me that the stores in my charge will be moved to Wheeling, and I am to go with them. This place will probably be the rendezvous of the surveyors and their escorts this summer.

30th. A party of the troops left this post for Muskingum, and I have made arrangements to go to Wheeling in the morning.

31st. At 10 o'clock a. m. left Fort Steuben, with a canoe deeply. laden, and no one on board but myself. At 2 o 'clock was obliged to lie by on account of ,,he wind. At 4 it abated, and I got as far as the mouth of Short Creek. Here I found Mr. Wheaton and Mr. McFarlane, and was induced to stay all night.

On July 31st Mr. Matthews returned to McMahan's, opposite Mingo, and on the evening of August 4th there was an alarm by the screaming of a person begging for life, and the report of two guns. A party of armed men crossed the river, where they found a man killed and scalped, at the lower end of Mingo Bottom. The Indians, two in number, according to some persons fishing at the mouth of Cross Creek, escaped. After a trip down the river, Mr. Matthews returned to McMahan's on Monday evening, September, 3, where he remained until the 20th, when he came across the river with a small party to hunt ginseng. They went as far as the dividing ridge between Short Creek and the Tuscarawas, where they spent four days digging the root. On the return they arrived at the Ohio about 3 p. m. on the 29th, when we find the following entry :

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“We were much surprised to hear that three men had been killed and one taken prisoner by the Indians, about ten miles up Cross Creek, who were out after ginseng on Sunday last. Two of the party made their escape. They had also killed a family the week following, up Wheeling Creek, and done considerable other damage. While we were out we were very careless and came on their trail but, fortunately, they did not fall in with us. I feel very happy that I have reached my old quarters, and will give them liberty to take my scalp if they catch me after ginseng again this year.

"October 12th. This evening McMahan returned from over the river, where he had been with a party of men in pursuit of some Indians who yesterday morning killed an old man near Fort Steuben. He did not discover them, but by the signs thought them to be seven or eight in number.

"November 30th. A part of this month I have been on the west side of the Ohio, with Mr. Simpson and Colonel Martin, assisting them in the survey of the lands they bought at the public sales in New York. Last evening I returned from Pittsburg, where I had been to settle my accounts with Britt & Co., which I have accomplished. While there I saw Colonel Meigs, of Connecticut, who has lately come on to this country. He belongs to the Ohio Company. (the Marietta settlers) and informs me that the surveyors, workmen, etc., will be on this winter. I was gratified to learn that, by resolve of the company, I had been appointed one of the surveyors."

Major Beatty visited Fort Steuben on February 6, 1787, when he made a drawing and description of the same, locating it about one hundred and twenty yards from the river. It was then guarded by Captain Hamtramck's and Mercer's companies. He made subsequent visits on February 26th and March 25th, of the same year.. Although the garrison was removed in 1787, the fort continued to be a refuge for settlers until 1790, when it caught fire from some cause and was burned to the ground, not a surprising incident when it is remem bered that all the buildings were of wood, with no facilities for extinguishing flames.

We have seen from the journal of Mr. Matthews that this fort was not merely a small military garrison, but a busy centre of frontier life, where people were coming and going, and where the foundations of a great state were being laid. All this was the year preceding the settlement of Marietta, and that settlement was made possible by the work done here. As somebody has said of Jamestown, the men who founded our country there and created the first representative assembly and the first free schools were makers of history instead of writers of history, hence much of the credit which belongs to them has been transferred to New England; and so it has been in Ohio. We hear a great deal about the settlers down the river, but very little about the pioneers of eastern Ohio, by whose perils and labors an empire was secured for our common country. A true history of Ohio would date the first permanent settlements of the, state not at Marietta on April 7, 1788, but at Fort Steuben in the later summer and fall of 1786, and even this was subsequent by several years to those who built their lonely cabins along the river, defying the hardships of the wilderness and the perils of the savages. It is very likely that the Marietta Argonauts landed at Steubenville on the way down, where the fort and settlement had already stood for a year and a half, and where there were already more people than in the visiting party.

Before the year 1787 had expired lands within the limits of the seven ranges were offered for sale by the Government in New York, although the states claiming an interest in this territory had not ceded their claims. Virginia had undoubtedly the strongest claim to this section not only according to her original charter but because through the expedition: of Clark and the energy of her pioneers she had been mainly instrumental in preserving this territory to the Colonists. But the other colonies demanded an interest, and Virginia finally surrendered whatever interest she may have had, only excepting some lands to redeem promises made to her soldiers, which was offset by a large tract given to Connecticut sufferers, and although a slave state unhesitatingly agreed in the ordinance of 1787 that this virgin territory should be consecrated to freedom. The Ohio Company which settled Marietta, was formed in Boston in 1786, and purchased from the government 964,285 acres of land on the Ohio and Muskingum Rivers adjoining the western line of the seven ranges. It was here that John Matthews had his next job of surveying, and as late as 1790 while on

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the Virginia side of the river his party was attacked by Indians and seven of his men shot and scalped. In fact there was trouble all along the river that year. Land sales were continued in Philadelphia and Pittsburgh, and on May 10, 1800 congress passed an act establishing the Steubenville district for the registration and sale of public lands in the Northwestern Territory, and two days later President Adams nominated David Hoge, of Pennsylvania to be register of the land office at Steubenville, who was confirmed shortly after. Mr. Hoge filled this position until the office here was closed under the act of June 12, 1840, when the unsold lands were attached to the Chillicothe district. Zaccheus Biggs was commissioned as the first Receiver here on July 1st, 1800. Mr. Biggs was also County Commissioner in 1804 and member of the town council in 1806. He removed across the river in 1811 and operated what was long known as the "Lower Ferry" where are now the La Belle iron works. Obadiah Jennings, who afterwards became a Presbyterian minister has been spoken of as a receiver, but an investigation by Capt. J. F. Oliver, of this city showed that there was no record of him holding such office. He was probably a clerk or assistant. Peter Wilson was appointed receiver on November 3, 1808, and held the office thirteen years. He was succeeded in 1821 by his brother-in-law, lion. Samuel Stokely, who was succeeded by John H. Viers in 1833, and the latter held the office until it was discontinued, in 1840. In 1801 Mr. Hoge bought from Bezaleel Wells for $50 Lot No. 104 on the east side of Third street, a short distance above Market, on the south side of which he built a house (the McLain house) in which the land office was located until he sold the house in 1809. This building was razed a number of years ago to make way for the present three story business block owned by Thomas Greenburg. A marble tablet placed on the front of the building recites that this was the first land office in the United States. Peter Wilson on April 15th, 1806 purchased from Robert Carroll Lot No. 113, the third above Washington on the east side of Third street, north of the present Turner Hall on which Carroll had built a two story frame house. When Wilson was appointed receiver in 1808 the corner of Washington and Third streets was a business centre, and the next year the land office was moved here where it remained until about 1821. That site is now occupied by a summer theatre. In 1821 Mr. Hoge being the owner of Lot No. 61 (U. S. Hotel) moved the land office to the west end of that lot in a small brick building fronting on Market street on the corner of Alley A, afterwards the Postoffice, and since removed to make an addition to the hotel. Mr. Hoge sold this lot in 1828, and the same year purchased Lot No. 95 on the east side of Third street midway between Market and Adams, where he erected a house and to which he removed the office, where it remained until it was closed in 1840. The property was afterwards owned by Capt. J. S. Devenny, and now by Michael Keane, but the building was moved to the north half of Lot 13 on North Sixth street between Washington and North, in Anderson and Donaldson's addition, remodeled and now occupied by Albert Polen.

At the time the Steubenville office was created similar ones were made at Marietta, Cincinnati and Chillicothe, and the first entries were as follows : Steubenville, July 1, 1800 ; Marietta, December 26, 1800 ; Cincinnati, April 6, 1801; Chillicothe, May, 1801.

CHAPTER IX

COUNTY ORGANIZATION

From Lake to River—Subsequent Changes and Present Boundary.

The Confederate congress on July 13, 1787 adopted an ordinance for the government of the territory northwest of the Ohio River which provided among other things for the appointment of a government by congress, and also that so soon as there should be 5,000 free male inhabitants in a certain district they would be entitled to chose a legislature, upon whose proceedings the governor should have an absolute veto. It was also provided that there should be formed in said territory not less than three nor more than five states. This last provision resulted ultimately in the formation of the five states of Ohio, Indiana, Illinois, Michigan and Wisconsin. Under this act Gen.. Arthur St. Clair, an eminent Revolutionary soldier was appointed governor, and organized the territory at Marietta on July 9, 1788. He served in that capacity. until 1802, when political influence forced him from office. The statutes promulgated by himself and advisers have been spoken of as the best ever framed for an infant colony. Among others was provided that the common law of England, and all statutes in aid thereof, made previous to the fourth year of James I. should be in full force within the territory. By 1798 the territory containing the requisite number of 5,000 adult male inhabitants, a legislature was elected and organized the next year, at Cincinnati. William Henry Harrison was chosen congressional delegate, the present government of the United States having then been in existence about nine years. In the meantime several counties had been set off, among them Jefferson, the first ten counties. of what is now the State of Ohio being the following :

There has been considerable discussion concerning the exact date at which Ohio became a state, but March 1, 1803 is now accepted as correct, because on • that day all territorial functions ceased, and those of the new commonwealth began, although the organization of the state government was not concluded until two days later. John Milligan, of Jefferson County, was a member of the last territorial legislature, and he with Rudolph Bair, George Humphrey, Nathan Updegraff and Bezaleel Wells was a member of the convention organized at Cillicothe on November 29, 1802, which adopted the first constitution. As seen

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above Jefferson County was organized before the present, State of Ohio was even a full fledged territory. The boundaries as prescribed by Governor St. Clair's proclamation were as follows :

"Beginning on the bank of the Ohio giver, where the western boundary of Pennsylvania crosses it, and down said river, to the southern boundary of the fourth township in the third range, and with said southern boundary west to the southwest corner of the sixth township of the fifth range ; thence north along the western boundary of said fifth range, to the termination thereof ; thence due west to the Muskingum River, and up the same to and with the portage between it and the Cuyahoga River ; thence down Cuyahoga to Lake Erie ; thence easterly along the shores of. the lake to the boundary of Pennsylvania, and south with the same to the place of beginning."

Stripped of its legal verbiage the above meant practically all that part of Ohio east of the Cuyahoga and Tuscarawas extending from Lake Erie to the southern line of the present Belmont County. It included besides the present Jefferson, the counties of Ashtabula, Geauga, Portage, Trumbull, Mahoning and Columbiana, about half of Cuyahoga including most of what, is now the city of Cleveland, and the greater part of Summit, Stark, Carroll, Harrison and Belmont. Quite a number of changes were made before Jefferson County assumed its present shape, the first being the organization of Trumbull County on July 10, 1800, taking all north of the present northern boundary of Columbiana. The latter county was organized on March 25, 1803, and extended from Yellow Creek northward to Trumbull, and westward to the Muskingum, taking the northern part of Saline Township and the greater part of Brush Creek. On January 31, 1807, Jefferson County was extended westward to the west line of the seven ranges, forty-two miles from the Pennsylvania boundary, taking in all of Harrison and the southwest corner of Carroll, but on February 11,1809. all west of the fifth range being parts of the present Harrison and Carroll was attached to Tuscarawas. On January 2, 1813 Harrison County was organized to take effect January 1, 1814. Carroll was organized on December 25, 1832 from Harrison and Jefferson, and at the same time the boundary between Columbiana and Jefferson which had hitherto followed the meanderings of Yellow Creek was straightened giving the whole of Brush Creek and Saline Townships back to the latter county, and fixing. the lines as they now exist.

On May 10, 1803 the county was divided into the five townships of Warren, Short Creek, Archer, Steubenville and Knox, the boundaries of which were all subsequently changed, two of them, Short Creek and Archer, reappearing in Harrison County.

The first will probated in Jefferson County was that of John Cross on February 27, '1798 before Bezaleel Wells, Clerk of Court; Benjamin Cross and John Martin witnesses. As Benjamin Cross is also a legatee the law prohibiting legatees acting as witnesses was evidently not observed. The second will was that of John Hooten, dated March 1, 1794 and probated August 14, 1798.

The tax duplicate for 1799 showed 925 families, 181 single freemen, 48,709 acres of woodland, 5,593 cleared 1,159 horses, 2,086 cattle, 2 grist mills, 4 saw-mills, 18 houses ( 7) and 13 ferries. This is evidently outside of Steubenville.

Early licenses issued for solemnizing marriages are recorded as follows : Rev. James Snodgrass, Presbyterian, 1803; Rev. Lyman Potter, Presbyterian, Enoch Martin and Michael Harmon, Baptist, Elias Crane, Methodist, Jacob Colbart and Alexander Colderhead, Associate Reformed, 1804 ; John Ray of Crab Apple and Beech Springs, 1806 Rev. William Argo, Methodist, 1807 ; Rev. Abraham Scott of Mt. Pleasant, 1809. The first marriages were mostly solemnized by justices of the peace, the primary one recorded being that of

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Joseph Baker and Mary Findley, October 19, 1797, Zenas Kimberly, recorder, officiating.

The first deed recorded was for land in Warren Township, being from the United States to Ephraim Kimberly for 300 acres of land near Short Creek in return for services during the Revolution. The deed is dated 1795 and signed by George Washington. The tract was surveyed by Absalom Martin and included the mouth of Short Creek. A stone monument marks the southwest corner. In Vol. VIII. of the Ohio Archaeological reports is a very complete list of the early deeds, compiled by Mr. Hunter.

CHAPTER X

LEGAL. JUDICIAL, EXECUTIVE AND LEGISLATIVE

Bench and Bar—Eminent Jurists and Attorneys—The Great War Ministers—Roster

of Judicial, Executive and Legislative Officers—Congressional Representatives.

A full account of the Jefferson County bar would be a history of the county itself. A few years ago the present writer collected considerable data for the Caldwell history, which.has also been used in other publications, and a great deal of what follows is based on those researches with additional material covering the past forty years. The first court, or as it was balled The First General Quarter Sessions of the Peace, for the county of Jefferson in the territory of the United States, northwest of the Ohio River, was held at Steubenville in pursuance of a proclamation by Winthrop Sargent, secretary of the territory, acting in the absence of Governor St. Clair, and met on November 2, 1797. Philip Cable, John Moody and George Humphries acted as judges, and on the first day of the term John Rolfe, James Wallace and Solomon Sibley were admitted to the bar. David Vance was associate judge in the following year, and Thomas Fawcett at the August term, 1799, William Wells in 1800, and Jacob Martin in 1801, this being the composition of the court until March 1, 1803 when Ohio became a state. The first jury called was at the February term, 1798 as follows : Philip Cahil, Shadrack Newark, Joseph Ross, Jr., K. Cahil, R. Pritchard, John Shrimplin, William Schritchfield, William Shrimplin, Thomas Harper, Aaron Hoagland, Robert Newell and Thomas Ben, dare. Its first case was John Jones, Jr. vs. James Hall, in which the plaintiff was given $14.06 and costs. In August 1798 it was ordered by the court that John Ward and John Moody act as commissioners to contract for and superintend the repairing of the court house and "gaol" and make the same fit for public use, and that they be paid $40 towards defraying the expenses of so preparing said building. On the 15th of that same month a deed was procured from Bezaleel Wells and Sarah, his wife, of Brooke County, Virginia, the consideration being five dollars, for a piece of ground to be devoted to the site of a court house, jail and such other public buildings for the use of the county as the said justices of the court of common pleas, and their successors shall from time to time think proper to order. This lot was on the northeast corner of Third and Market streets, fronting 120 feet on the former street, and 180 on Market, and 120 on what is now Court street. The lot was considerably enlarged when the present court house was built. Thomas M. Thompson, Z. Kimberly and C. Sample were admitted to the bar this year. Mr. Kimberly in 1805 became a merchant at Warrenton. In 1799 it was ordered that the treasurer of the county pay John Ward and John Moody $200 to furnish the court

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house and "gaol" out of the first money in the treasury, if there is not enough already in the treasury for that purpose, and that said commissioners proceed as early as possible to have said building put in comfortable order.

Silas Paul was admitted as attorney at the February term, 1800, and became the first prosecuting attorney under the constitution of 1802. He was a resident of Wills Creek north of the city, and was a quaint individual carrying a staff and having his hair dressed in the queue. His salary was fixed at $80 per annum by the court at the August term, 1803. He died August 15, 1857 ; a number of grandchildren, still survive him. At the same term of court (1800) it was ordered that John Sutherland receive $1 out of the county treasury to pay for candlesticks and candles for the use of the court. Obadiah Jennings, of Belmont County, was admitted at the February term, 1802. He afterwards became a Presbyterian minister, and died in Kentucky. Robert Moore, John G. Hamilton and Joseph Penticost were admitted in 1803, and the following rates of taxation ordered : One-half per cent. on the appraised value of all mansion house lots, mills, etc., total assessment, $27,702 ; tax $138.15. For each house 25 cents, number of houses, 1,777 ; tax, $444.25 ; each head of cattle, 10 cents ; number 2,788 ; tax $278.80. One of the first rules of the territorial court was that every motion made in court which shall not be ruled by the court in favor of the motion, the attorney or the person who made the motion should pay to the court 25 cents.

One of the early cases before the court was that of John Kelly, who appeared on February 16, 1798 with a petition asking the court to take testimony and make a statement to the secretary of the treasury concerning a forfeiture under the excise law. Kelly had removed two distilleries from Virginia to Jefferson County in September, 1795, and had distilled eleven bushels of rye without entering the stills. Kelly claimed he was unable to read writing and did not know with whom to make the entries. On August 31, 1797, Collector Zenas Kimberly seized the stills in the woods where they were hidden.

The first indictment for murder in this county was against William Carpenter Sr., and Jr., father and son for killing Captain White Eyes, son of the Delaware chief of that name at West Point now in Columbiana County. The junior Carpenter, who was but seventeen years of age, it is claimed was attacked by White Eyes, who was drunk, and raised his tomahawk with the apparent intention of assaulting him. The boy ran with the Indian after him, when the boy turned and shot him. The father was arrested for aiding and abetting the killing. There is a tradition that the case was tried and the Carpenters acquitted, but there is no record of the trial, and a nolle was probably entered. White Eyes was the last Indian killed in Jefferson County, and fearing that his death would cause trouble among the Indians, presents were given to friends of the deceased, and three hundred dollars to his wife, Bezaleel Wells being one of the donors. The original copy of the indictment was preserved by the late Capt. W. A. Walden, the following being a verbatim copy :

JEFFERSON COUNTY, TO-WIT :

"Territory of the United States,

Northwest of the River Ohio.

"At a Court of General Quarter Sessions of the peace, at Steubenville in the said county of Jefferson on Tuesday the fourteenth day of August in the year of our Lord one thousand seven hundred and ninety-eight. Before the Honorable David Vance, Esquire, and his associate justices of the peace in and for Jefferson county aforesaid.

" The Jurors for the Body of the Said County upon their oath present that William Carpenter, Junior, late of said County, Labourer, and William Carpenter, senior, late of said County, Labourer, not having the fear of God before their Eyes but being moved and Seduced by the instigation of the Devil on the twenty-seventh day of May — in the year of our Lord one thousand seven hundred and ninety-eight with force and arms at the Township of , in the County aforesaid, feloniously, willfully, and of their malice, aforethought did make an assault upon one George White-Eyes, an Indian, Commonly known by the Name of Captain White-Eyes, in the peace of God and the United States aforesaid, then and there being and that the same William Carpenter, Junior, a Certain Gun, of the Value of one Dollar then and there Charged and Loaded with Gun powder and

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Divers Leaden Shot or Bullets, which Gun the Said William Carpenter, Junior, in both his hands then and there had and held to, against and upon the said George White-Eyes, then and there feloniously, willfully and of his malice aforethought did Shoot and Discharge, and that the said, William Carpenter, Junior, with the Leaden Shot or Bullets aforesaid out of the Gun aforesaid then and there by force of the Gun powder, Shot, Discharged and Sent forth as aforesaid, the aforesaid William Carpenter, Junior, in and upon the Chir and under Jaw of him the said George White-Eyes, then and there with the Leaden Shot or Bullets aforesaid, out of the Gun aforesaid, by the Said William Carpenter, Junior, so as aforesaid shot, Discharged and Sent forth feloniously, willfully, and of his malice aforethought did Strike, penetrate and Wound, Going to the said George White-Eyes with the Leaden Shot or Bullets aforesaid so as aforesaid shot, Discharged and sent forth out of the Gun aforesaid by the said William Carpenter, Junior, in and upon the Chin and under Jaw of him the said George White-Eyes one Mortal wound of the depth of Eight Inches and of the Breadth of one Inch of Which said mortal wound the said George White-Eyes then and there instantly died. And that the said William Carpenter, senior, then and there feloniously, Willfully and of his malice aforethought was present aiding, helping, abetting, Comforting, assisting and maintaining the said William Carpenter, Junior, the felony and murder aforesaid in manner and form aforesaid to do and Commit: and so the Jurors upon their oath aforesaid do Say, that the said William Carpenter, Junior, feloniously, Willfully and of his malice aforethought and the said William Carpenter, senior, feloniously, willfully, and of his malice aforethought him the said George White-Eyes then and there in manner and form aforesaid did Kill and murder, against the peace and Dignity of the United States &c."

" (Signed) ______

"JAMES WALLACE,

" Att'y for the United States in Jefferson County."

The Constitution of 1802 provided for the establishment in each county of a court of common pleas consisting of a presiding judge and not more than three or less than two associate judges, who were appointed by the general assembly for the term of seven years. The state was divided into three circuits, and a judge who was to preside in the several counties of his district, appointed for each circuit, Jefferson County being in the third. The other counties composing this circuit were Washington, Belmont, Columbiana and Trumbull. Calvin Pease, age 27 years and appearing much younger, was elected by the legislature as presiding judge of this circuit, and with Philip Cable and Jacob Martin as associates, opened the first state court at Steubenville on August 2, 1803. Among other matters coming up for decision was the constitutionality of the act of 1805 defining the duties of justices of the peace. Judge Pease decided that so much of the act as gave the justices jurisdiction in cases where the party claimed more than $20 and not exceeding $50, and so much of the act as prevented plaintiffs from recovering costs in action commenced in the first instance in the courts of common pleas for claims between $20 and $50 were contrary to the constitution of the United States and of the state. Although this decision was concurred in by Judges Huntington and Tod, of the supreme court, it raised such a storm that an effort was made in the legislature to impeach all the judges. Articles were preferred against Pease and Tod by the house of representatives, but fortunately the senate refused to stultify itself by adopting them, and the outrageous performance terminated with the acquittal of the judges. At the close of the December term, 1809, Judge Pease resigned, and afterwards became one of the supreme court judges. James Pritchard and Thomas Patton were also associate judges.

Prison bounds of the county were adopted on August 11, 1806, and started in the west line of what is now Alley C or Bank Alley, opposite the line between Lots Nos. 228 and 229 just north of Washington street and extended eastwardly to the east line of Water street, thence to a point opposite the line between Lots Nos. 24 and 25 a short distance above the C. & P. station, thence to the river at low water mark, and down the river to a point opposite the line between Lots Nos. 16 and 17 below Market street, thence westward to the eastern boundary of Water street, thence southwardly to a point opposite the line between Lots Nos. 8 and 9 below Adams street, thence westward to the western boundary of Alley C, thence northward to Adams street, thence westwardly to the northwest corner of Outlot No. 1 between Fifth and Sixth streets, thence northwardly to the north boundary line of Washington street, thence eastwardly to the corner of Washington street and Alley C, thence up the Alley to the place of beginning. Within

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these bounds imprisoned debtors were allowed to travel upon giving bond that they would not depart therefrom without leave of court.

One of the methods of punishment from the organization of the county was a whipping post on the public square. The last record of its use is dated_ August 11, 1810. One Charles Johnson, a colored man, was convicted of receiving stolen goods, the said goods being a ham taken from the smokehouse of Bezaleel Wells, and was sentenced to be whipped nine stripes on his naked back, that he pay four dollars to Mr. Wells, a fine of ten dollars and costs, be confined in jail nine days and stand committed until the money judgment was paid.

Benjamin Ruggles, of Belmont County succeeded Judge Pease at the April term, 1810. The different associate judges with him were Andrew Anderson, Joseph McKee, Thomas Campbell, John Milligan, James Moores, Robert Gilmore and Samuel McElroy. Judge Ruggles served until the close of the November term, 1814, when he was succeeded by Dr. George Todd, of Belmont County, who completed the unexpired term.

Hon. Benjamin Tappan succeeded him at the June term, 1816, and was one of the most eminent men who ever occupied this seat. He was born in Northampton, Mass., on May 25, 1773, and was admitted to the bar at Hartford, Conn., about the year 1798. In 1799 he came to Ohio and was the first white settler in what is now Portage County. At Weatherston, Conn., in 1801 he married Miss Nancy, sister of Hon. John C. Wright, and with her came to Steubenville in 1809. He served as common pleas judge until 1823 when he resumed the practice of his profession and was afterwards appointed a United States judge by President Jackson, but the senate failed to confirm him, and he held the position only a few months. In 1838 he was elected United States Senator as a Democrat, receiving 57 votes in the legislature to 50 for Thomas Ewing, Whig, and one blank. This was on December 20, and the following year he took his seat, his term of six years ending in 1845. On his return home he resumed his law practice, and taking with him into partnership Hon. Edwin M. Stanton, he finally turned over the business to him and retired. He died in 1857 leaving two sons, Dr. Benjamin Tappan, long a prominent Steubenville physician, and Prof. Eli T. Tappan, at one time superintendent of the city schools and afterwards President of Kenyon College, both now deceased. While on the bench Judge Tappan published a report of his decisions which has always been a recognized authority. Thomas George became associate in 1822.

John C. Wright was born at Weatherston, Conn., and came here about 1810. He married a sister of James Collier and in 1820 was elected member of congress from this district, which office he held until succeeded by John M. Goodenow in 1829. He then became one of the state supreme judges, resigning on January 31, 1835. He published a volume of supreme court decisions during the period that the judges were required to hold court in the different counties, which has been quoted more, perhaps, than any other volume of reports in the state. He took up law practice in Cincinnati, and became one of the editors of the Gazette newspaper in that city. He visited Steubenville in 1842 at which time his sight was considerably impaired. In the winter of 1860-61 he was appointed member of the peace conference at Washington, whose efforts were unsuccessfully directed toward avoiding the War of the Rebellion, and he died on his way home from that conference aged about seventy-eight years.

John M. Goodenow was born in Vermont and marriedMrs. Sallie Campbell, sister of John C. Wright in 1813, and soon after came to Steubenville. Shortly after coming here he became involved in a quarrel with his brother-in-law Judge Tappan, ending in a slander suit, in which Goodenow was victorious. In spite of these troubles he became a supreme court judge, and defeated Wright for congress in 1828. He

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resigned near the end of his term to accept the position of minister to Columbia. On his return he was elected common pleas judge in Cincinnati, and afterwards went to Texas, but afterwards returned to Cincinnati where he died in indigence. He was regarded as one of the most brilliant men in the state.

James Collier was born in Litchfield, Conn., in May, 1789, removing to Ithaca, N. Y., and coming to Steubenville in 1820, studying law and being admitted to the bar here. He was an active member of the Whig party, and was at one time an aspirant for the nomination for governor of the state, but was defeated by Thomas Corwin, who was afterwards elected. He served a term as county prosecuting attorney, and was a delegate to the Taylor convention of 1848. In the following spring he was appointed collector of the port of San Francisco, being the first to hold that office. He traveled overland to reach his destination, going via Santa Fe through a country almost unknown and was escorted across the plains by a detachment of U. S. cavalry. On the expiration of his term he engaged in the banking business, but the Citizens' Bank, of which he was President, failed in 1859. Colonel Collier was adjutant of Bloom's regiment of New York volunteers in the war of 1812. He served on the frontier and was present at the battle of Queenstown heights. He was the first man to volunteer from Jefferson County on the outbreak of the rebellion, and accompanied the troops as far as Harrisburg, but on account of his age was persuaded to return. He commanded a local detachment for a few days during the Morgan raid in 1863, and died on Sunday, February 2, 1873, at the age of 84 years. His wife whose maiden name was Miss Eunice Ingersoll, survived him a few years.

Daniel L. Collier, a brother of James, was also born at Litchfield, January 1796. He served an apprenticeship in a printing office, then as a clerk, when he concluded to "go west." He took passage on a raft down the Allegheny and Ohio Rivers, and arrived at Steubenville in 1816. Entering the office of his brother-in-law, John C. Wright, he studied law, and was admitted in 1818. In, 1823 he married Miss Hetty Larimore, of Washington, Pa., by whom he had nine children. He removed to Philadelphia in 1857 and became prominent in public religious enterprises. He was vice-president of the Presbyterian Board of Publication and director in several other corporations. He died March 30, 1869.

Gen. Samuel Stokely was born in western Pennsylvania on January 25, 1796. He graduated at Washington, Pa., college-, and came to Steubenville about 1816, having studied law with Parker Campbell, of Washington. He was admitted to the bar in 1817, and in April, 1830, married Rachel, widow of Dr. P. S. Mason. He purchased the Bezaleel Wells homestead, known as "The Grove" in the lower end of the town where he and his descendants resided for sixty years until it was removed to make way for the present Pope tin-mill. He was U. S. land receiver in 1827-28, senator from the Jefferson County district in the 36th general assembly of 1837-8, served in congress 1841-3, and was a general of militia several years before his death. He married Mrs. Lowther and Mrs. Burton, both of whom he survived, and died, May 23, 1861. Two children yet survive him, Joseph Stokely, of. Dubuque, Iowa, and Mrs. Jennie S. Lloyd, of Cleveland. His son Mountford S. Stokely, who was also a member of the bar, met with a tragic death, being killed by the cars on New Year's Day, 1902. A daughter, Mrs. E. S. Wood died in March, 1908.

Roswell Marsh was born at Queechy, Vt., in 1793, and came to Steubenville in 1821. He studied law with General Stokely, and was admitted in 1823. He practiced law here for fifty years, his white locks and venerable appearance making him a conspicuous object in his later days. In 1840 he was elected to the legislature and served one term. He volunteered at the outbreak of the war, but his age and infirmities prevented the acceptance of his services. He

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was afterwards appointed on a commission to investigate claims for losses sustained in Missouri during the rebellion. His first wife was Mrs. George Wilson, ,of Steubenville. He survived his second wife about three years, dying on August 17, 1875. His residence on the northwest corner of North and Seventh streets was long considered one of the stately homes of the city.

Ephraim Root came from New England about 1814, and became a partner of J. H. Hallock. He never married, and his death in 1821 extinguished what promised to be one of the leading lights of the bar.

David Reddick came from Washington County, Pa., about 1812. He became involved in a quarrel with one Dr. Doffield, and was stabbed by him, from the effect of which he died in 1818. His wife lived at Holliday's Cove for several years thereafter.

Nathaniel Dike, a cultured gentleman of the old school, was born in Beverly, Vt., graduated at Yale College, and came to Steubenville in 1816. He read law in the office of John M. Goodenow, and practiced a short time when he embarked in the dry goods business, and subsequently in the wool and wholesale grocery business, occupying the Sinclair building, corner of Court and Market streets. He was associate judge for several years, president of council, and representative in the legislature 1842-3. His wife was Miss Anna Woods, of Bedford, Pa., and granddaughter of Dr. John McDowell, of Steubenville. He died in April 1867, and his son John S. Dike occupied the family residence on Market street just west of the Pan Handle railroad, now the residence of Thomas Barclay for about ten years.

Jeremiah Parsons Fogg, nephew of Prof. Theophilus Parsons, the well known law writer resided in Steubenville during this period. He died in Steubenville in 1821.,

Charles Hammond, of Belmont County, Philip Doddridge, of Wellsburg, Walter Beebe, of Harrison County, and James Bell, of Guernsey were among distinguished vis itors who practiced at the Jefferson County bar during this period.

Jeremiah H. Hallock succeeded Judge Tappan as presiding judge, and served two terms until the close of the December term, 1836. Judge Hallock was born in Connecticut, where he married Miss Bassett, and came to Steubenville in 1815, residing for a time on lower Market Street. He was prosecuting attorney, and on retiring from the bench followed farming in Cross Creek Township, afterwards removing to the Means farm just south of the city, where he died about 1847. His decisions were always respected and more generally concurred in than is usually the case. The associate judges commissioned during his term were James Wilson, Andrew Anderson, John Humphrey, John England, John S. Cock.

Hon. Humphrey H. Leavitt came to Steubenville from Northern Ohio about 1820. He studied and was admitted here, and was soon after elected prosecuting attorney. In 1826 he was elected state senator and served two terms. This was followed by two terms in congress from 1830 to 1834. In the latter year he was appointed by his personal friend President Jackson, to the judgeship of the United States district court for Ohio, and in 1855 when the state was divided, into two judicial districts he remained judge of the Southern District, and became a resident of Cincinnati. He resigned in 1871 and removed to Springfield, Ohio. He was a member of the world's convention on prison reform which met in London in 1872, taking an active and prominent part therein. He died at Springfield on Saturday, March 1.5, 1873, leaving three sons, John who became a clergyman in the American Episcopal Church, Edward, of Springfield, and Frank, of Cincinnati.

John K. Sutherland, a student of Judge Leavitt, was born in Shippensburg, Pa., November 17, 1810, coming with his parents to Steubenville when but six months old. He was admitted in 1831, and was soon after elected prosecuting attorney. In 1851 he was elected probate judge, and was

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discharging the duties of his third term, when he died on April 28, 1858.

The next character we shall consider is like a giant tree in a forest where its contemporaries if standing alone would be considered above the average, but by comparison with the one which towers above them appear almost saplings. It would be utterly impossible in a work of this kind to give due proportion of space to the life, private character and public services of Hon. Edwin M. Stanton. Not only in his home county and state did he achieve greatness, but in the Nation during the critical period of its existence he took no. second place, but stood with Lincoln, Grant and Sherman in the front rank. Some have claimed that he was greater than any one of these, and in his untiring energy his capacity for organization, his clear legal acumen, and his indomitable will he certainly filled a place that would have remained a vacuum until the close of the Civil. War had he fallen by the wayside before his work was completed. No adequate sketch of his life could be compressed into a few pages, and fortunately it is not necessary to attempt it. Two excellent biographies have been written by Hon. H. C. Gorham and Frank A. Flower, and a more condensed outline by the present writer is now in press to be published as a souvenir in connection with the dedication of a monument to his memory now in course of erection in his native town. *Hence nothing is attempted here except a reference to the principal events of his busy life. Mr. Stanton was born on the south side of Market Street, Steubenville, on December 19, 1814. The dwelling stood some distance back in the yard, just east of Sixth Street, and had one or two trees in front. It is still standing, but a three-story brick has been erected in front of it extending out to the street, on which a bronze tablet has been placed bearing the following inscription :

EDWIN M. STANTON.

ATTORNEY GENERAL, SECRETARY OF WAR,

JUSTICE OF THE SUPREME COURT.

Born Here 19th December, 1814.

Erected by the School Children of Jefferson County.

A. D. 1897.

Mr. Stanton's ancestors were Friends or Quakers, who went from Rhode Island to North Carolina about the middle of the 18th century. His grandparents Benjamin and Abigail Stanton resided near Beaufort, N. C., the maiden name of the latter being Macy. In 1800, Mrs. Benjamin Stanton came with her family to Mt. Pleasant Township in Jefferson County, her husband having died after making a will freeing his slaves whenever the law would permit it. With the family came Lucy Norman, of Culpepper, Va., between whom and the eldest son,, David, a rising physician, sprang up an attachment which resulted in marriage, and removal to the Steubenville home where the subject of our sketch was born. Dr. Stanton soon after purchased a two story brick building, still standing on North Third street near Washington but considerably altered, where young Stan-ton's early boyhood days were spent. The sudden death of Dr. Stanton on December 30, 1827, threw young Edwin on his own resources, and in the summer of 1828 he became a clerk in James Turnbull's bookstore on Market street now conducted by Capt. J. F. Oliver. In the spring of 1831 he entered Kenyon College, remaining there until the fall of 1832. A professorship in memory of that period of his life has been endowed by Andrew Carnegie, and a fine oil portrait the work of C. P. Filson, has been presented by Col. John McCook. After leaving college he clerked in Mr. Turnbull's branch store in Columbus, when he returned to Steubenville and studied law with his guardian, Daniel L. Collier. He began the practice of law at the age of twenty-one, and opened an office in Cadiz, where he was soon after elected prosecuting attorney of Harrison County. He had never given up his Steubenville practice, and that now demanding more attention he returned here in 1838 and formed a partnership with Hon. Benjamin Tappan. He engaged actively in politics as a Jacksonian Democrat, and was as antagonistic toward his opponents, both in law and politics, as

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Old Hickory himself. He was elected by the Legislature as supreme court reporter from 1842 to 1845, publishing volumes 11, 12 and 13 of the Ohio Reports. His first home on returning to Steubenville was on the west side of Third Street, above Washington, and subsequently on the corner of Third and Logan, now owned by Dr. E. Pearce. Here his wife, Mary Lamson, died in 1844, an affliction from which he never fully recovered. By this time he was gaining a national reputation, and in 1845 successfully defended Caleb McNulty, clerk of the house of representatives, tried in the criminal court in Washington for embezzlement. In 1847 he removed to Pittsburgh, where he formed a partnership with Hon. Charles Shaler, but he always retained his Steubenville home, and kept an office here until 1856, his second partner being Col. George W. McCook. He figured as principal attorney in the case of the State of Pennsylvania versus the Wheeling & Belmont Bridge Company, and was victorious, although an act of congress afterwards nullified his work. His business before the United States Supreme Court became so extensive that he removed to Washington in 1856, and in 1858 went to California as counsel for the Government in relation to extensive land claims. His work there was tremendous, and by his labors and researches he saved to the country millions of dollars from the grasp of unscrupulous land grabbers, including the site of the present city of San Francisco. In 1859 he was counsel for Daniel E. Sickles, on trial for the murder of Philip Barton key, and the former's acquittal was no doubt due to the labors and masterly eloquence of his counsel. That same year he met Mr. Lincoln for the first time, in the United States Circuit Court at Cincinnati, in a suit growing out of a conflict between the Manney and McCormick reaping machine interests, and in December, 1860, while engaged in the same case, he was nominated to the office of attorney-general by James Buchanan, President. Rebellion troubles were already in the air, and the vacillating

course of the administration was encouraging the foes and paralyzing the friends of the Government. Mr. Stanton, by his firm loyalty and strong stand for the preservation of the Union, changed all this, and prevented a practical collapse of the Government before the Lincoln Administration could take hold. He retired from the Cabinet with the close of Buchanan's Administration, and resumed the practice of his profession, but in January, 1862, was appointed secretary of war by Mr. Lincoln. His subsequent biography is a history of the war itself. He enjoyed the complete confidence and closest friendship of Mr. Lincoln, and on him devolved the task of bringing order out of chaos, looking after men and supplies for the great conflict, contending not only with the open enemy but traitors in the rear, incompetent and lukewarm generals in the field, and a mass of detail which would have broken down an ordinary man in a month. He had never been a robust man, but had been afflicted with asthma from his youth, and nothing but his indomitable will enabled him to carry the enormous load. Above all, his legal sagacity kept the administration out of more than one pitfall during and at the close of the war. When Lincoln was assassinated in 1865, he practically took charge of the Government, and at the request of the new president, Andrew Johnson, continued in his position as secretary of war. Differences afterwards arose between him and the President on reconstruction measures. admission of Colorado as a state, colored suffrage in the District of Columbia, the civil rights and freedman's bureau bills all of which were considered Republican measures having the approval of that party controlling both houses of congress. These differences became so marked that on August 5, 1867, Mr. Johnson requested his resignation on the ground of "public considerations of high character," to which Mr. Stanton responded that "public considerations of high character which alone had induced him to remain at the head of this department constrained him not to re-

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sign before the next meeting of Congress," that body not being then in session. Mr. Stanton did not remain in office of his own accord, but had been urged to do so by members of Congress and others who believed him to be the only check upon what they considered the ruinous policy of Mr. Johnson. Congress had passed what was known as the "Tenure of Office Act" for the avowed purpose of preventing Mr. Stanton's removal, although he himself did not favor that act and had doubts as to its constitutionality. In the end it proved a broken reed. The president, however, was not ready at this time to defy the apparent object of the act by removing Mr. Stanton outright, but n August 12th suspended him from office and appointed General Grant secretary of war ad interim. He obeyed under protest, and on January 13th, the Senate refusing to confirm a successor, General Grant at once retired and Mr. Stanton took possession of the office. Mr. Johnson appointed. Gen. Lorenzo Thomas, secretary ad interim, but Stanton held the office,. guarding it night and day, although Thomas attended cabinet meetings as a dummy secretary. Impeachment proceedings were brought against the president, the principal charge being violation of the Tenure of Office Act, but the vote lacked one, of the two-thirds necessary to conviction, it standing 35 to 19. On learning the result, on May 26th, Mr. Stanton resigned, broken down in health and bankrupt in fortune. He had controlled millions, but paid out of his own pocket even necessary per- sonal expenses that should have been borne by the' Government. The senate, in confirming his successor, adopted a. resolution that Mr. Stanton had not been legally removed, but had relinquished his office, and both houses of congress subsequently passed a vote of thanks for the great ability, purity and fidelity with which he had discharged his duties. Mr. Stanton renewed the practice of his profession, but he was so broken in health as to make this work very difficult. His last visit to Steubenville was on September 25, 1868, when

he addressed a large assemblage advocating General Grant's election to the presidency. At that time he spoke to friends of his approaching end, and expressed a wish to be buried in the old family lot in Steubenville Cemetery, a wish that was never carried out. On December 20, 1869, he was nominated by General Grant as associate justice of the supreme court, and was immediately confirmed by the senate, but he never took his seat on the bench. He died on December 24th, before his commission was made out, the paper being delivered after his death to his widow, formerly Miss Ellen Hutchins, of Pittsburgh, whom he married in 1856. Mr. Stanton's life history shows him to have been, not the cold, cruel, overexacting man as he has often been represented, but exceptionally warmhearted, intensely emotional, and strongly sympathetic for the suffering, the destitute and the wronged. Duty, however, with him prevailed above everything, and nothing, not even his own interests and feelings, was ever allowed to stand in its way. it is not too much to say that to him our nation is most largely indebted for its continuous' existence. .A plain monument marks his grave in Oak Hill Cemetery at Washington, and his fellow citizens at Steubenville are preparing to erect to his memory a bronze statue, to be placed in front of the court house. The work is now in the hands of Alexander Doyle, the eminent New York sculptor, also a native of Steubenville, who has generously contributed his services for this work.

Hon. G. W. Belden, of Stark County, succeeded Hallock as presiding judge of this district, beginning with the March term, 1837, and ending in 1839, when the legislature threw Stark into another district. He died about 1879. Nathaniel Dike and Samuel McNary were commissioned as associates during his term.

Hon. William Kennon, of Belmont County, succeeded Judge Belden, who held the office until November, 1846. Associates commissioned under him were William Sutherland, William McDonald, John S.

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Cock, James Mitchell, John T. Leslie and John Cook.

Benjamin S. Cowan, also of Belmont, succeeded Judge Kennon, and served until the second Monday of February, 1852, when the old regime was abolished by the new constitution, which had been adopted the preceding year. Samuel D. Hunter was commissioned. on March 11, 1850, as the last of. the associate judges. Other associate judges during this period were George Todd (Pres.), 1815 ; Thomas George, 1822 ; James Wilson, 1824; John Humphrey, 1831; James Wilson, 1831; John England, 1833 ; Nathaniel Dike, 1838.

Among the members of the bar during this period was Roderick S. Moody, conceded to be one of the most brilliant lights in his profession. Mr. Moody was a native of Steubenville, the son of David and Sarah (Sheldon) Moody, and was born May 22, 1817. He was educated at Jefferson College, Pennsylvania, and entered the Farmers' and Mechanics' Bank as clerk. He studied medicine, but preferring the law, entered the office of D. L. Collier, and was admitted to practice in September, 1841. The same year, he married Miss Virginia Eoff, of Wheeling. He was prosecuting attorney from 1846 to 1848, and was appointed clerk of courts, but did not serve. He died December 11, 1866.

As the McCook family is mentioned elsewhere, it is only necessary to mention here four members of that family who were members of this bar. George W., Robert. L., and Daniel, were three sons of Daniel McCook, who achieved a national reputation not only in the military, but also the legal profession. The first named was born in Canonsburg, Pa., July 21, 1822, afterwards living with his parents in Columbiana and Carroll Counties. He attended college at New Athens, and studied law with Hon. Edwin M. Stanton, whose partner he afterwards became. His career in the Mexican War and elsewhere is given in another chapter. He built up a large law practice, and was very prominent in the councils of the Democratic party, nomi nating John C. Breckenridge for vice-president in 1856, and Seymour for president in 1868, and was candidate for governor in 1871. He died in New York on Friday, December 28, 1877, leaving three children—George W., Jr., Robert, and Hetty B., the latter now being the wife of Gen. Anson G. McCook, who is also noticed elsewhere. His wife died in 1863.

Robert L. McCook was born in Columbiana County, December 28, 1827, studied law with Hon. E. R. Eckley, of Carrollton, and then removed to Steubenville where he continued his studies with Stanton & McCook, beginning his practice shortly after. He removed o Cincinnati, and then to Columbus, where the outbreak of the war found him with a large practice. This he sacrificed, and after a brilliant military career, was killed by guerillas near Nashville, August 6, 1862.

Daniel McCook was born in Carrollton, July 22, 1834, and graduated at a Florence, Ala., college in 1858. He studied law with his brother in Steubenville, and soon after his admission removed to Leavenworth, Kan., where he became a member of the well known firm of Ewing, Sherman & McCook. Here, in December, 1860, he married Miss Julia Tibbs, of Platte County, Missouri. He and a company of militia volunteered at the outbreak of the war, and he was continuously in service, especially as colonel of the Fighting Fifty-Second, 0. V. I., until his mortal wounds at Kenesaw. Before he died he was promoted to a brigadier generalship.

General Amen G. McCook, a son of Dr. John McCook, was a member of the Jefferson County Bar, although most of his reputation was won in the military and political fields. He was born October 10, 1835, and received his education in Jefferson County schools. Crossing the plains in 1854, he remained in California until 1860, when he returned to Ohio and was captain of the first military company leaving Steubenville, being in the first battle of Bull Run. He was commissioned as major in the three years' service and promoted to

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lieutenant colonel and colonel. He participated in the leading battles in the West, and was mustered out with his regiment (Second Ohio Volunteer Infantry) on October 10, 1864. The following March he was appointed colonel of the 194th Ohio Infantry and served until the close of the war, when he was made brevet brigadier general. He afterwards was internal revenue assessor for the 17th Ohio district, and then removed to New York City, where he conducted a daily legal journal. He was elected a member of congress from that city and subsequently became secretary of the United States senate, also chamberlain of the city of New York. His wife is Hetty McCook, sister of George W. McCook, of Steubenville.

Joseph M. Mason, who at one time was a partner of Mr. Moody, was a native of Trumbull County. He studied law with Roswell Marsh, and went to Monroe County, from which he returned in 1848, and held the office of clerk of court. He removed from here to Columbus, where he died.

Col. W. R. Lloyd was born at Chillicothe, Ohio, on December 3, 1818. He read law with Judge Pearce, of Carrollton, and after a term as clerk of court, removed to Steubenville, where he married Miss Jennie, daughter of Gen. Samuel Stokely. For a while he was a partner of Hon. John A. Bingham, of Cadiz; and on May 4, 1858, he was appointed probate judge to fill the unexpired term of John K. Sutherland, deceased, and the following year was elected for the full term, but before it expired he recruited the Sixth Ohio Cavalry from Warren County, and was appointed lieutenant-colonel. He resumed his law practice on his return home, and died on Friday, November 9, 1877. His widow and three sons still survive.

Joseph Means, whose father, James Means, was long a prominent citizen of Steubenville, was born August 21, 1822, and studied law in the office of James Collier, becoming the latter's partner after his admission to the bar in 1844. He was prominently identified with public affairs, and was a member of the city council almost continuously from 1855 to 1866, and again in 1871, being at the same time engaged in the iron foundry business, as well as being director in other local corporations. He represented this district in the legislature in 1861-2. His sudden death from congestion of the brain, on July 2, 1872, was felt as a personal loss all over the city. His widow, Mrs. Mary Kelly Means died Saturday evening, November 13, 1909, leaving two daughters, Mrs. Dr. F. S. Maxwell, of Steubenville, and Mrs. Macfie, of London, Canada.

William Sample, of Island Creek Town: ship, became a member of the bar in 1844, and afterwards removed to Coshocton County, where lie was elected common pleas judge. He resigned in 1876 and removed to Newark, where he shortly afterwards died.

Col. George P. Webster was born near Middletown, Butler County, Ohio, December 24, 1824. He went to Hamilton in 1841, and had a position in, the county clerk's office, and studied law with Thomas Milliken. He was admitted in 1846 and enlisted as a private in the Mexican war, but was promoted to sergeant-major in the First Ohio Infantry, and was wounded in the right shoulder at the storming of Monterey, September, 1846. After the war he married Miss Mary M. Adams, of Warrenton, and removed to Steubenville, where lie served two terms as clerk of court, after which he became a partner of Martin Andrews. At the outbreak of the Civil War he took an active part in raising troops and was appointed major of the Twenty-fifth Ohio Infantry. After service in West -Virginia in 1862 lie was promoted to lieutenant-colonel, and in the following July he was appointed colonel of the Ninety-eighth Ohio Volunteer Infantry, which regiment was organized at Camp Steubenville on Mingo Bottom, three miles Mow the city. He departed with his regiment on August 23 for Lexington, Ky., and thence to Louisville. Here he was placed in command of

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the Thirty-fourth Brigade, Jackson's Division, McCook's Corps. He was mortally wounded at the battle of Perryville on October 8. His funeral cortege was one of the largest ever seen in this city. His widow died April, 1910, and his son John McA. Webster is a retired officer of the regular army.

Thomas McCauslen, Hon. R. Sherrard Jr. and Hon. J. H. S. Trainer, leading members of the bar during this period, are fully noticed elsewhere.

Under the Constitution of 1802 the judges were appointed for seven years. Under the Constitution of 1851 they were elected for five years by the people, and associates were abolished. Thomas L. Jewett was the first common pleas judge under the new Constitution, having been elected from the counties of Jefferson, Harrison and Tuscarawas, being the third subdivision of the eighth judicial district. His commission was issued in January, and he opened his first term of court at Steubenville on March 16, 1852. He was a native of Hartford County, Maryland, being of Quaker parentage. He settled in Cadiz in 1844, practicing law, and removed to Steubenville in 1850. He was elected judge in October of the following year on the Democratic ticket over John A. Bingham, the Republican candidate. On August 29, 1854, he was elected director of the Steubenville & Indiana. Railroad and resigned from the bench. On June 8, 1855, he was elected president of the road, and on September 3, 1859, the company having become embarrassed his position was changed to receiver. This office he held until the completion of the Pittsburgh & Steubenville Railroad across the West Virginia Pan Handle, and upon the consolidation of the different lines in 1868 under the name of Pittsburgh, Cincinnati & St. Louis Railway Company, he was elected president of the new organization. He held this office until May 7, 1871, his brother, Hugh J. Jewett, being with him part of the time as manager. The latter being called to the presidency of the Erie road, Judge Jewett resigned his position

and soon after removed to Philadelphia where he engaged in stock speculation until his death which occurred at New York on Wednesday evening, November 3, 1875.

Hon. Thomas Means, who succeeded Mr. Jewett as common pleas judge, was a son of James Means, Sr. He was born on March 31, 1826, studied law with Daniel Collier, and was admitted in 1847. The following year he married Miss Annie Stewart, of Louisville, Ky., and after living in St. Louis for about eighteen months Mr. Means came back to Steubenville and formed a partnership with Mr. Jewett. In 1852.-3 he served as a member in the Ohio House of Representatives, and on the resignation of Judge Jewett he was appointed by the governor to fill the unexpired term, holding the office from October, 1854, through 1855. After that he resumed his law practice and removed to Leavenworth, Kan., where he remained until the outbreak of the war, when he was appointed by the government on a commission to adjust war claims in the neighborhood of Cairo. Shortly after completing that work he died at his home in Steubenville on December 27, 1863. His widow died October, 1909. A daughter and son are still living, the son being rector of St. John's Church, New Haven, Conn.

James Elliott, January, 1852, and A. H. Battin, May 11, 1853, were admitted to the bar during this period, both of whom are deceased.

Samuel. W. Bostwick, of Harrison County, succeeded Judge Means, and served until February, 1862, when he was succeeded by George W. McIlvaine, of Tuscarawas County, who held until the fall of 1870 when he resigned to go on the supreme bench. John H. Miller, of Steubenville, was appointed to fill the unexpired term, and afterwards elected for the full term ending February, 1877. Judge Miller was born in Northampton County, Pennsylvania, January 30, 1813, and came to Steubenville in 1837 remaining here but a short time, but returning in 1839. He was admitted to the bar in 1840, and built up a

148 - HISTORY OF JEFFERSON COUNTY

large practice. He was married to Ann C., a sister of Gen. Samuel Stokely, who died September 5, 1882. On retiring from the bench he resumed his law practice which he continued until his death on August 31, 1891. James Patrick, of Tuscarawas County, was the next judge, and served one term. Joseph C. Hance, also of Tuscarawas, succeeded him, and served two terms. In the meantime provision having been made for an additional judge in this subdistrict, John S. Pearce, of Cadiz, was elected and took his seat in February, 1882.

Hon. John A. Mansfield succeeded Pearce in 1892 and served two terms. He was succeeded in 1902 by Hon. Rees G. Richards, who is now set ing his second term, which has been increased to six years. A full sketch of both these gentlemen will be found elsewhere. Fletcher Douthitt, of Tuscarawas, succeeded Judge Hance and served two terms, and was in turn succeeded by Hon. Walter Shotwell, of Cadiz, now serving his second term. In 1908 the legislature provided an additional judge for this subdivision, and in November of that. year Thompson D. Healla, of Tuscarawas, was elected, and held his first court in Steubenville in May, 1909,

There were many attorneys admitted during this period, some of whom have risen to eminence in legal, political and literary circles, who are more fully noticed in another portion of this work. Among them were A. H. Battin, admitted May 11, 1853, deceased ; W. A. Walden, April 27, 1858, deceased ; M. S. Stokely, 1860, deceased ; Hon. J. Dunbar, January, 1860 ; W. A. Owesney, September 18, 1862, deceased ; O. P. Mossgrove, August 18, 1854, deceased ; James F. Daton, 1863, deceased ; Thomas P. Spencer, 1866 ; Robert Martin, April 18, 1862, deceased ; James A. McCurdy, September 18, 1862, deceased ; David Moody, September 26, 1867, deceased ; William H. Lowe, October 2, 1868, deceased ; W. P. Hays, 1863 ; John McClave, September 16, 1868 ; John M. Cook, January, 1869; Joseph B. Doyle, September 29, 1870 ; J. J. Gill, September 29, 1868 ; J. C. Keys, September 29, 1870, deceased ; W. T. Campbell, September 29, 1870, deceased ; J. M. Hunter, July 21, 1872, deceased ; B. N. Linduff, October 1, 1873 ; John J. Watson, September, 1873 ; W. C. Ong, April 28, 1874 ; E. S. Andrews, April 25, 1876; H. M. Priest, same, deceased ; C. B. Gilmore, April 25, 1876 ; John A. Kithcart, October 1, 1873 ; W. V. B. Croskey, 1870, deceased ; G. W. McCleary, June 25, 1873 ; Hon. R. G. Richards, March, 1877 ; John C. Kirkpatrick, September 25, 1877 ; J. W. Jordan. September 28, 1872 ; 0. J. Beard, April 3, 1877 : A. C. Lewis, October 2, 1877 ; David R. Mills, August 4, 1877 ; Henry Gregg, April, 1878.; George G. Bright, J. H. Everson, Calvin May, John W. Jackman, W. J. McCann, August 27, 1878 ; J. A. Burchfield, April 16, 1879 ; Charles A. Reynolds, June 17, 1879 ; John A. Mansfield, J. W. Clark and Emmett E. Erskine, April 16, 1879 ; W. S. McCauslen, June 17, 1879 ; James F. Bigger, August 27, 1879, deceased ; J. H. Roberts, J. W. Paisley, April 16, 1879 ; W. R. Alban, March 8, 1893 ; C. A. Armstrong, June 19, 1906 S. A. Bean, December, 1902 ; J. G. Belknap, June 23, 1908 ; H. A. Bell, J. C. Bigger, March 2, 1892 ; Ira Blackburn, December 7, 1901; D. M. Brown, April 1, 1894 ; W. C. Brown, June 12, 1902 ; Roy R. Carpenter, December, 1907 ; R. B. Cohen, December 22, 1903 ; F. M. Coleman, December, 1904 ; M. N. Duval, June, 1904 ; Dewitt Erskine, June 6, 1895 ; Ernest L. Finley, March 8, 1.894 ; P. A. Gavin, June 5, 1895; David M. Gruber, October 3, 1882 ; John A. Huston. June 17, 1902 ; Thomas S. Jones, June 27, 1905 ; Frank H. Kerr, October 8, 1891; Miss Beatrice Kelly, March 8, 1894; Plummer P. Lewis, June 3, 1884; 'Justin A. Moore, October 18, 1896 ; Harry L. May, June 21, 1905 ; William McD. Miller, June 7, 1882 ; Nelson D. Miller, June 17, 1902; W. L. Medill, October 3, 1889 ; Roy Merryman, June 19, 1906 ; Joseph Kithcart, March 17, 1899, deceased ; William S. McCauslen, June 17, 1879 ; Roy McClave, June 27, 1899 ; John H. M. McKee, December 8, 1894 ; J. R. McCleary, October 3, 1882;

AND REPRESENTATIVE CITIZENS - 149

H. P. McGowan, June 13, 1901; W. J. McCann, F. J. McCoy, June 19, 1901; R. L. McLaughlin, December 24, 1904 ; J. O. Naylor, October 1.5, 1898 ; John W. Porter, June, 1903 ; R. G. Porter, December 22, 1908 ; James E. Paisley, Jay S. Paisley, March 17, 1899 ; E. Stanton Pearce, October 14, 1899 ; Dio Rogers, Jay R. Sweeney, June, 1894 ; Horace G. Smith, 1881 ; Carl H. Smith, June, 1893 ; Fred A. Stone, December 24, 1904 ; S. B. Taylor, October 4, 1894; T. A. L. Thompson, June, 1896, deceased; C. A. Vail, June 11, 1902 ; C. L. Williams, June, 1901; John M. Bigger, October 8, 1891.

SUPREME, DISTRICT AND CIRCUIT COURTS.

Under the Constitution of 1802 judges of the supreme court were required to hold a term each year in the different counties. The first session in Jefferson County opened on the third Tuesday in June, 1803, with Samuel Huntington and William Spriggs on the bench. Daniel Symms and George Tod presided August 25, 1805 ; Jonathan Meigs, Jr., September 23, 1808 ; Thomas Morris and Thomas Scott, September 25, 1809 ; W. P. Irvin and E. A. Brown, June 8, 1811 ; Peter Hitchcock and Calvin Pease, October, 1825 ; Joshua Collett, October, 1829 ; Peter Hitchcock and Elijah Haynard, May, 1830 ; Ebenezer Lane and John C. Wright, October, 1831 ; Reuben Wood, October, 1833 ; Frederick Grimke, October, 1836 ; Matthew Birchard, March, 1843 ; Nathaniel C. Read, February, 1844 ; Edward Avery, April, 1848 ; William B. Caldwell, October, 1849 ; Rufus P. Spaulding, October, 1850 ; Rufus P. Ranney, October, 1851.

The Constitution of 1851 abolished this arrangement and provided in its place a district court composed of the judges of the common pleas in each district with a. supreme judge presiding, to be held once a year in each county. The first court in Jefferson County opened August 11, 1852, Judge Ranney presiding, and Thomas L. Jewett, Robert J. Alexander and Richard Stilwell on the bench. William B. Caldwell presided August 10, 1854 ; William Kennon, August 10, 1855 ; Ozias Bowen, August 11, 1856 ; Thomas W. Bartley, July 28, 1857 ; Josiah Scott, June 2, 1859 ; Milton Sutcliff, May 8, 1860 ; Jacob Brinkerhoff, August 27, 1861 ; William V. Peck, September 17, 1862 ; John Welch, September 20, 1866 ; William White, September 24, 1867. From that date until 1883 district court appears to have been held by the common pleas judges alone.

In the fall of 1883 the Constitution was amended abolishing the district courts and authorizing the legislature to establish circuit courts entirely separate from the common pleas and supreme courts with the same original jurisdiction as the supreme court, and such appellate jurisdiction as might be provided. In pursuance of this amendment the legislature on April 14, 1884, passed an act dividing the state into eight circuits, the seventh being composed of the counties of Ashtabula, Belmont, Carroll, Columbiana, Geauga, Guernsey, Harrison, Jefferson; Lake, Mahoning, Monroe, Noble, Portage, and Trumbull. The full term of the judges was fixed at six years, after the ensuing fall election. The judges elected at that time were Hamilton B. Woodbury, of Ashtabula County ; Peter A. Laubie, of Columbiana ; and William H. Frazier, of Noble. The first session of the new Circuit Court of Jefferson County was held in June, 1885, two sessions a year being held thereafter. Judge Woodbury served until the summer of 1895, when he died, and was succeeded by J. B. Burrows, of Lake County, who resigned at the close of the December term, 1908, and was succeeded by W. S. Metcalf, of Geauga, whose appointment expires February 9, 1911. Judge Frazier was succeeded by Hon. John M. Cook in February, 1901, R. M. Voorhees, of Coshocton, taking part in the proceedings of the subsequent May term. Judge Cook,s present term expires February 8, 1913. Judge Laubie has held his present position from the opening of the court in 1885, his present term expiring