CHAPTER XXXVII LUCAS COUNTY Although civil government for the territory now comprised within Lucas County nominally began with the organization of the County of Wayne, in 1796, as a matter of fact there was practically no civil administration until the extinguishment of the Indian titles a score of years later. With the exception of the two reservations of six miles square and twelve miles square, the title all rested with the aborigines. For that reason it was not subject to the sway of white officials. The first officer exercising a real civil authority in Lucas County, and, in fact, in the entire Maumee Valley, was Amos Spafford, collector of customs for the District of Miami, who was appointed by President Madison in 1810. The collector's office was at Maumee, and the Government should certainly have ordered an official investigation of his expense account for the year 1814. His rent for office amounted to $10 ; his fuel and stationary cost $15.75 ; and his fees were $2.50, a total charge to the Government for that year of $28.25. The first postoffice established between the River Raisin (Monroe, Michigan) and Lower Sandusky (Fremont), and between the Maumee Bay and the present City of Chicago, was located at Maumee, immediately opposite Fort Meigs, which was built subsequently. Amos Spafford was likewise the first postmaster, and his commission bore the date of June 9, 1810. In 1816 Almon Gibbs was the postmaster at that point, and his pay for that year was the munificent sum of $14.28. Official positions could not have been in great demand in that day, unless honor meant more than enrichment. EARLY SETTLERS The few settlers then residing in this vicinity suffered severely upon the breaking out of the War of 1812 from the Indian depredations, and after the close of that war they presented claims to the Government for such losses. Among the items for which compensation was asked was one from James Carlin of $110 for a cabin which was burned, $58 for a blacksmith shop burned, and $30 for a two-year-old colt, which had been taken by the Wyandot Indians. Oliver Armstrong also claimed $60 for a horse stolen from him. Besides these bills, there were losses for barns, outhouses, clothing, and crops that had been burned. In all, the claims of these settlers aggregated between $4,000 and $5,000. After .a considerable delay the damages were at last awarded the claimants. Some of the claims were for property seized by United States troops for their necessities. Most of the settlers were driven from this neighborhood and remained away until the close of hostilities. When they returned everything had been destroyed, and they were obliged to begin life over again. For building material they greedily seized upon the few hulks of the transports that had been employed by the Government, as well as' the pickets and the blockhouses at Fort Meigs. The struggle for the possession of these became active and somewhat bitter. It was finally ended by an incendiary who applied a torch at night to the fort, by which the buildings were almost entirely destroyed. As a result, the destitute settlers were obliged to go to - 475 - 476 - HISTORY OF NORTHWEST OHIO the forest for their building material, with no other weapon than the axe for providing their necessities. The first known white settlers in Lucas County, and, for that matter, in the Maumee Valley, were Gabriel Godfrey and Jean Baptiste Beaugrand, who established a trading post at the foot of the Maumee Rapids about 1790. A number of other French settlers came here from Monroe not long afterwards. Col. John Anderson engaged in business as a trader and farmer in the vicinity of Fort Miami in 1806. Others locating there about that time were Andrew and William Race, three families named Ewing, and William Carter. When James Carlin, a blacksmith, and his son, Squire, settled here about 1807, there were probably six American families living near the Maumee Rapids. David Hull resided at Maumee, where he kept a tavern with the aid of his sister. Near the mouth of the Maumee River, and opposite Manhattan, a small French settlement was established about that same year near a village of the Ottawa Indians, which had existed for a long time. By the opening of the War of 1812, more than sixty families of Caucasian blood had settled in this vicinity. Peter Manor was a representative of the French trader, and came to Maumee about 1812. He opened up a trading house within the present village, and began to trade with the various Indians along the lower Maumee. The site of his store was on the trail always traveled by them up and down the river, and to Detroit. On more than one occasion during the War of 1812 he showed his friendship for the white settlers living on both sides of the river. In one instance, elsewhere mentioned, he saved many lives by warning of a visitation of the Pottawatomies, who were on the war path. In saving the lives of others, he lost his own buildings and crops, because the Indians rightfully believed that he had warned the other whites, and thus prevented them from securing some scalps. For several years he and his family were the only permanent white settlers established in that neighborhood. He was adopted into and made a chief among the Ottawas. He afterwards founded the Town of Providence, which was at one time a flourishing village. Fire and cholera destroyed the town and its inhabitants in 1850-2, until now little is left. His remains lie on the farm granted him in a treaty with the Indians, at their special request. Francis Manor, a son of Peter, relates his recollections as follows in "Waggoner's History" : "I was born in Maumee, on the 18th May, 1812. About this time war between the United States and the British and Indians commenced, and my father removed his family to Lower Sandusky (now Fremont) for safety and protection. But that point, too, was soon deemed insecure, and he removed to Upper Sandusky (40 miles South), where he continued to reside until hostilities were over. As soon as it was considered safe, we returned to Maumee and moved up the River to Providence, January 1, 1816, where I have resided ever since, knowing no other place as my home. My earliest recollections are of Ottawa Indians, with whom I was familiar until they left their Reservation in 1857. About the only impression that I retain, and the most prominent feature in their character, was their love for strong drink, which made savage drunken carousals very frequent. When unmolested, they were in the main harmless and peaceable, and gave the whites no trouble. From the time of our locating in Providence until their removal, I remember no instance in which fear was had on their account, except in the year 1832 when some believed that an Indian outbreak was about to occur, and considerable excitement prevailed along the Maumee. It took but a few HISTORY OF NORTHWEST OHIO - 477 days, though, to allay the fears, as the report was plainly false." James Thomas was one of, the early adventurers who reached this county as early as 1817. He walked from Brighton, New York, to the Maumee, the journey requiring fifteen days of hard travel. Few would attempt such an undertaking today over our splendid roads. There was at that time no improved highway west of Buffalo, and no kind of a road other with its seat of justice at Bellefontaine. At the same time there was created the Township. of Waynesfield, the first civil township formed north of the Maumee River. It was named in honor of General Wayne, and the designation included the "field" wherein he had achieved his memorable victory. It embraced a soil filled with historic interest, and saturated with the blood of the early defenders of the nation. At first this township was than a rude trail for, much of the distance. There was only one house standing between Lower Sandusky and the Maumee River, and that was a log shanty along the Portage River. It was used only by an arrangement with the carrier who transported the mail between Lower Sandusky and Toledo. Seneca Allen and his family came ,here in 1816 and located near Waterville, where Mr. Allen opened a small trading post for the Indians. A few years later they removed down to Orleans of the North (Fort Meigs), where there were then about a half dozen families. At a still later date they migrated to Port Lawrence. Upon the conclusion of the treaty at the foot of the Rapids of the Maumee in 1817, the County of Logan was formally organized, included within Logan County, but it afterwards passed to Wood, and then to Lucas. Thus it has been a civil division of three counties. A number of changes have been made in its boundaries, but it has never ceased to exist as a separate organization. It is now co-extensive with the Village of Maumee. In 1820 a number of counties were formed out of Logan County, including the County of Wood, within which was the greater part of the present Lucas County. The first court to convene in the valley of the Maumee was held at Maumee City on May 3, 1820, and that place became the temporary seat of justice. This court was composed of the President Judge George Todd (father of. Governor David Todd), and the as- 478 - HISTORY OF NORTHWEST OHIO sociate judges were Dr. Horatio Conant, Peter G. Oliver, and Samuel Vance. For the grand jury it required a goodly share of the inhabitants. The first session of the Board of Commissioners of Wood County assembled on April 12th, in Almon Gibb 's store building in Maumee. The commissioners were Samuel H. Ewing, David Hubbell, and John Pray. The commissioners appointed William Pratt as county treasurer. C. G. McCurdy was then the prosecuting attorney, and Seneca Allen was county auditor. Mr. Gibbs was paid $40 for the use of his store for one year. On March 19, 1823, the county seat was removed from Maumee to Perrysburg, and the commissioners met at that place on March 19, 1823, for the purpose of preparing suitable county buildings. Several new townships were organized, and the claim of Mars Nearing for erecting the new courthouse at Perrysburg was allowed. The population of the County of Wood at this time was less than 1,000, which is proof that the county was very thinly settled. Port Lawrence Township, which at that time included about one-half of the present Lucas County, was organized as a township of Monroe County, Michigan, on May 27, 1827. It embraced two road districts. An interesting item of the history of this period is that Benjamin F. Stickney, who figures so conspicuously in our early history, held the honorable position of pound master. Noah A. Whitney was assessor, while John Walworth and Coleman I. Keeler were overseers of the poor. At the first township election, HISTORY OF NORTHWEST OHIO - 479 which was that of Waynesfield, only twenty-five votes were cast, and among these early voters are a number of the names prominent in our early history. It took place at the house of Aurora Spafford. On July 27th, the annual territorial election was held, when Austin E. Wing, of Monroe, was chosen delegate to Congress. The last election held in the township under authority of Michigan was in April, 1835, at the schoolhouse on TenMile-Creek Prairie. The last recorded action under that authority was the laying out of the Tremainesville and Toledo Road, now known as Cherry Street. The early settlers either did not stand very high in intelligence, or else a poet of the primitive days slandered the neighborhood terribly, for he wrote : "On Maumee, on Maumee, Potatoes they grow small ; They roast them in the fire, And eat them—tops and all." This section was also on the edge of the Black Swamp and so this same muse immortalizes the early sufferings of the pioneers, a condition which fortunately has passed away : " On Maumee, on Maumee, 'Tis ague in the fall ; The fit will shake them so, It rocks the house and all." The first building used for a courthouse in the newly organized Lucas County was the schoolhouse on Erie Street, between Monroe and Washington, in the City of Toledo. This was the memorable session held at night for strategic reasons. Here the courts continued to be held for about a year, when they removed to the building at the northwest corner of Summit and Monroe streets. Here an auctioneer's license was granted to Munson H. Daniels for $5, and Mortimer H. Williams was given permission to keep a tavern for $15. Alva D. Wilkinson secured the right to oper ate a ferry across the river opposite the Toledo House. A number of declarations of citizenship were filed by British subjects. Rev. Orin Mitchel, of the Methodist Episcopal Church, was the first minister authorized to solemnize marriages. At the fourth term of court (1837) thirteen different parties were indicted for the unlawful sale of liquor, among whom was one of the judges of the court (not a lawyer). At this session John Leybourne received the first naturalization papers ever issued in the county. The experience of early officials is well shown in the following : "An incident in Mr. Young's experience while Auditor of the County, will illustrate something of the condition of the roads and the means of travel at that early date. In the Winter of 1836-7, that gentleman found it necessary to visit Toledo (then the County-Seat), for the purpose of making the annual settlement with the County Treasurer (Sanford L. Collins). The only direct road from Maumee City (Mr. Young's residence) to Toledo, was a bridlepath, lying along the West bank of the Maumee River. On the way Delaware Creek had to be crossed, and, as result of rains and a thaw, that stream was full to its banks, with a strong current. It was too deep for wading, and the only recourse left was for Mr. Young to dismount and employ his faithful horse in towing him across. To this end, he obtained a log large enough for a float. Driving his horse into the stream ahead, he placed himself on the log and took hold of the animal's tail, when he was towed in safety to the other side. The extreme chilliness of the water made the trip anything but agreeable, but as no injury was caused thereby, he regarded the transit an entire success." The contrast of the situation at that time, with the beautiful River Road, the Wabash and the Toledo, St. Louis and Kansas City Railways, and three electric lines which now 480 - HISTORY OF NORTHWEST OHIO connect Toledo and the Maumee City of former days, can be duly appreciated by those who were compelled to employ the early facilities. The first board of county commissioners of Lucas County consisted of John Baldwin, Robert Gower, and Cyrus Holloway. The other initial officials were Samuel M. Young, auditor ; Eli Hubbard, treasurer ; and Frederick Wright, recorder. The first session of the county legislative board was held at Toledo on the 14th of September, 1835, Holloway being absent. At the second session of the board, October 12, 1835, "it being deemed expedient and absolutely necessary for the well-being and the enjoyment of .the rights of citizens of this State, that that part of the County of Lucas, known as 'the disputed territory,' and lying North of what is known as the 'Fulton line,' be annexed, for Township purposes, to the Township of Waynesfield," it was resolved, that that part of Lucas County known as Port Lawrence Township, be annexed to the Township of Waynesfield, for all civil purposes, and that the electors of the same have equal rights and privileges at the then ensuing election as did other electors of Waynesfield Township ; whereupon it was directed that notice be given to the electors of Port Lawrence that they should vote at Maumee City, and thus have "the privilege of voting, without the interference of the Michigan authorities." At a session held on the following day, Port Lawrence was restored to its former status, as the Michigan authorities had agreed to abide by the action of Congress on the boundary question. For the one election, however, Toledo citizens were obliged to go to Maumee to vote. In a few months Samuel Barrett succeeded Cyrus Holloway as commissioner. Amasa Bishop, John and Matthias Van Fleet, Aaron H. Doolittle, and John Pray were named among others as viewers of new roads to be established. Providence Township was organized, with the first election to be held at the home of Peter Manor. Springfield Township, with an election at the home of William Ford, soon followed. Many new roads were acted upon, some only by way of surveys, while appropriations were being made for the improvement of others. In 1836 William P. Daniels succeeded John Baldwin as commissioner, the latter having been elected associate judge. In 1838 William P. Daniels and Eli Hubbard were appointed a committee to purchase a " County Poor Farm," so that poverty must have appeared early. It was resolved to erect a courthouse on "Court House Square," near the old Oliver House, "said building to be the size and arrangements of the Ashtabula County Court-House." For such a structure the proprietors of the City of Toledo had bound themselves to contribute $20,000. In the same year the new jail was accepted, and an appropriation of $25,000 made for the new building. In 1843, under the law to levy a tax upon lawyers and physicians "according to their annual income," Morrison R. Waite was assessed $4, and Jessup W. Scott $1. Many more items of interest to those interested in historical facts are reported by Clark Waggoner in his "History of Toledo and Lucas County," but there is not space to recite them in the present work. In June, 1840, the county seat of Lucas County was removed to Maumee City, and that village became the seat of justice, through the action of the commissioners selected by the Legislature. In that year the contract was let for the erection of the county buildings, and in the year following, on the 8th of October, the new building was accepted. This building remained in use until the removal of the county seat back to Toledo, under a vote held in October, 1852. In 1858 it was sold, including the land, for $360. As the Maumee building had been built largely HISTORY OF NORTHWEST OHIO - 481 through contributions made by the residents of that village, they asked for the return to them of the sums that they had paid. Under the advice of the attorney-general of Ohio, this was done, and the amount returned totaled almost $10,000. That sum was paid in the amounts stated, to the following named persons : Dr. Oscar White, $100 ; James Wolcott, $100 ; J. E. Hunt, $3,000 ; George Richardson, $100 ; J. H. Bronson, $100 ; William St. Clair, $100 ; John Hale, $50 ; James W. Converse,' $50 ; Young & Waite, $259.41; Thomas Clark 2d, $552.58 ; Andrew Young, $100; A. H. Ewing's Estate, $2,000 ; D. F. Cook, $201; George B. Knaggs, $100 ; James H. Forsyth, $40 ; R. A. Forsyth, $500 ; Horatio Conant, $132 ; Horace Waite, $250 ; C. C. P. Hunt, $100 ; Isaac Hull, $250 ; Samuel Wagner, $25. This list is of interest, as showing who were the enterprising citizens to whom Maumee was largely indebted for the county seat for twelve years. This old structure still stands in Maumee. One of the conditions of the removal of the county seat to Toledo was that accommodations for a courthouse and jail be furnished, and a bond of $20,000 to fulfill this condition was required. This was given by the city and twenty-eight citizens of the county. The names of these citizens are as follows : H. D. Mason, Matt Johnson, William Baker, Ezra Bliss, J. H. Whitaker, T. H. Hough, S. Linsley, Thomas Watkins, Jr., George W. Scott, Hez L. Hosmer, V. H. Ketcham, James Myers, C. A. King, Valentine Wall, John P. Freeman, L. T. Thayer, Simeon Fitch, Jr., Daniel Segur, Daniel McBain, Sanford L. Collins, C. W. Hill, John U. Pease, James White, H. D. Warren, D. C. Morton, Edson Allen, Ira L. Clark. For temporary use the city leased a building on Summit Street, north of Cherry, which was known as the Duell block, the rent for which was $700 per year. The election of 1852, by which the county seat was changed, excited great interest, and about 3,500 votes Vol.     I - 31 were cast. It overshadowed the election of a president in that year. The bitterness between Toledo and Maumee was intense. The courthouse constructed was built on the present site of the building, but soon proved inadequate. For many years a new building was discussed, and in the year 1886 authority was secured from the Legislature• by which the county commissioners were authorized to expend $500,000 for such a purpose. It was not until 1892 that all opposition was removed and the work actively begun. The cornerstone was laid September 3, 1893. A beautiful park surrounds this majestic building, and a monument to President McKinley adorns the principal approach. The first jail was the residence of Sheriff C. G. Shaw. At a meeting of the commissioners, held in 1837, this was declared to be the official bastile. Soon there afterwards a building 20 by 30 feet, one story high, and with three cells to be built of planks, was authorized. This was to be jointly owned by the city and county for the confinement of prisoners, and was located near the corner of Summit and Cherry streets. This was used until the removal of the seat of justice to Maumee. When the county seat meandered back to Toledo, a brick building was erected on the present Court House Square. This was replaced by a new structure in 1856, which was used until the completion of the present stone structure, and there were several sensational jail deliveries during that time. At the "midnight session" of court held on September 7, 1835, the president judge, David Higgins, was not present. He arrived in Toledo for the first time on the 27th of April, 1836, and was met by his three associates, J. H. Jerome, Baxter Bowman, and William Wilson. Court was opened in the most formal manner. Little business was transacted at this initial session. John Wilson was indicted for petit larceny and found guilty. The sheriff, Cornelius G. Shaw, was 482 - HISTORY OF NORTHWEST OHIO fined $160 for failure to bring in the body of one Henry Morgan, a defendant in an action of assumpsit. Andrew Coffinbury was appointed prosecuting attorney. There was no session of the Supreme Court held in Lucas County until 1838, when Judges Ebenezer Lane and Frederick Grimke con' ducted a short term at Toledo. LAW AND MEDICINE Of the early lawyers in Lucas County, it is almost impossible to obtain a correct list in chronological order. At one time there were more followers of Blackstone dwelling in Maumee City than there were in Toledo. Among those who lived in the former place were David Higgins, John M. May, Nathan Rath-bone, Henry C. Stowell, Horace F. Waite, Samuel M. Young, Henry S. Commager, Morrison R. Waite, and Daniel F. Cook. Hezekiah D. Mason came to Toledo about 1835 and, although a well-educated lawyer with experience, he did not engage in practice here. Caleb F. Abbott opened an office late in that year, and Richard Cooke began practice in the following spring. A few months afterwards he formed a partnership with George B. Way. Mr. Way was a very eloquent man, who could fill the courtroom with a flood of eloquence, frequently carrying both the jurors and, the court with his persuasive words. After such a burst of energy he was very likely to desert his office and law books for a time, in order to give himself up to indolence or to literary and artistic study, of which he was very fond. He afterwards left Toledo, in 1846, having been both mayor and councilman of the city. He went to Defiance, where he practiced for a time. Here he was elected a president judge of the Common Pleas Court for the district, and continued in this office until that position was abolished by the new constitution. One of the famous lawyers of the early days was Andrew Cof finbury, who bore throughout his life the title of "Count," and is mentioned in several other chapters. He was a man of rare attainments, and also was exceedingly popular. About 1839 he removed to Perrysburg, where he entered into a partnership with his son, James, the latter maintaining the firm's practice at Maumee City. James was elected prosecuting attorney for this county in that same year, an office which he held for several years, after which he removed to Findlay. Emery D. Potter reached Toledo in the winter of 1834-5, and soon became prominent in the community. He was postmaster, member of the Legislature, president judge, mayor of Toledo,' and member of Congress. He lived to celebrate the sixtieth year of his coming to Toledo, the metropolis of the Maumee. Lucas County has always been distinguished for the ability of its lawyers. Even in the early days, it had many distinguished names on its list of practitioners. Daniel 0. Morton was one of the leaders. With a magnificent physique and an imposing appearance, added to his thorough knowledge of the law, he was indeed a formidable opponent. He was wedded to politics, however, and his great delight was a political encounter. He filled a number of political offices. He was appointed by President Pierce as United States attorney for Ohio, a position which he filled for several years with distinction and ability. Although a democrat, he was a strong union man, and fought every attempt to favor the secessionists. Charles W. Hill was a man of untiring industry, and was therefore very successful. He served during the Civil War, and also filled the office of attorney-general of Ohio. John Fitch was a terror to the criminal classes during his years as prosecuting attorney. He was a keen and skillful lawyer, and left no loophole for escape. He was one of the early elected judges. In 1838 two young men came from Norwalk and announced in a card their intention HISTORY OF NORTHWEST OHIO - 483 to practice law in Toledo. These men were John R. Osborne and Myron H. Tilden, and the firm name was Tilden and Osborne. Mr. Osborne did not remain long, at that time, but Mr. Tilden continued his home in Toledo. In 1856 Mr. Osborne returned, and occupied a high position at the bar until his death at an advanced age. In 1839 Mr. Tilden was elected to the city council, and in the following year to the office of mayor, a position which he filled for four years. In 1843 he was chosen president judge of this Common Pleas District, a position which he filled for four years. In 1850 he removed to Cincinnati, where he continued in practice with a number of different associates. He was elected to the Superior Court of Cincinnati in 1873. In 1873 the firm of Noah A. Swayne and Benjamin I. Brown began the practice of law in Toledo. Mr. Swayne was then living in Columbus, and Mr. Brown looked after the Toledo end of the business. Mr. Swayne afterwards was appointed associate justice of the Supreme Court of the United States, and became known over the entire country as an able lawyer and an upright judge. It is not generally known that Thomas M. Cooley, who afterwards distinguished himself to such a degree in the Supreme Court of Michigan, and as an author of legal books, was practicing here in the '50s. At one time he was a candidate for judge of the Common Pleas Court of this district. Edward Bissell, a son of the Edward Bissell who was so prominent in the early history of Toledo, began the practice of law in Toledo in 1849, after serving as a volunteer in the Mexican War. He became one of the leading and most successful lawyers at the Toledo bar. Among other attorneys of earlier days who deserve mention are Caleb F. Abbott, a painstaking lawyer and lover of politics, Henry Bennett, a gentleman of the old school, and Charles M. Dorr. Henry S. Commager came to Toledo in 1852 from Maumee City. He served with credit throughout the Civil War. He died in Galveston, Texas, while acting as an internal revenue collector. William Baker came to Toledo in 1844, and practiced law here with ability and distinction until his death just a half century later. Hiram Walbridge studied law with Judge Tilden, and practiced here for several years, during which time he was commissioned brigadier-general of Ohio militia. He moved to New York, where he became very prominent in public affairs and achieved a national reputation. In later years came Charles Kent, one of the very able lawyers of the county, and Charles H. Scribner, who served with such distinguished ability on the Circuit bench. A number of members of the Lucas County bar have distinguished themselves in national and state affairs. The name which stands out above all is that of Morrison R. Waite, who was appointed by President Grant as chief justice of the Supreme Court of the United States. He is given extended mention elsewhere. John C. Lee, one of the prominent members of the early bar, served as lieutenant governor in 1868 and 1872. Jacob D. Cox, who lived here for a time, filled one term as governor of Ohio. John H. Doyle was appointed a member of the Supreme Court of Ohio by Governor Foster, a position which he filled with ability. Ulysses G. Denman was elected to the office of attorney-general of Ohio. Charles H. Graves, formerly of Oak Harbor, was elected secretary of state for Ohio, and re-elected again to the same office. Brand Whitlock has achieved international fame as United States minister to Belgium during the Great War. When a separate Federal District Court was established in Toledo in 1910, John M. Killits, then of Bryan, was appointed to that position by President Taft, and is the present incumbent. Because of the large membership of the Lucas County bar, it is impossible to make mention of the living members, except in the few instances just given. The same is true 484 - HISTORY OF NORTHWEST OHIO of deceased practitioners in recent years, save in the case of those who were honored with high positions. George R. Haines came to Toledo in 1854, and made this city his home until his death in 1908. On the organization of the Circuit Court in 1884, he was elected a member of that body, and served continuously until death removed him from earthly activity. One of his finest traits was his uniform kindness to and consideration for young practitioners. Reuben C. Lemmon served on the Common Pleas bench for twenty years, longer than any other occupant of that bench in the county. Isaac P. Pugsley served with distinguished ability for eighteen years, and refused to accept a nomination for another term. Joshua R. Seney, Charles Pratt, Gilbert Harmon, and John F. Kumler were also honored occupants of the Common Pleas bench. Irwin I. Millard served on the Probate bench for twelve years, a length of service unequaled in this county. Richard Waite, a brother of Morrison R., was elected Probate judge for one term, a position filled by him with great dignity and ability. Several citizens of Lucas County, not members of the bar, have occupied high positions in the state and nation. James M. Ashley, after serving conspicuously in Congress, was appointed by President Grant as territorial governor of Montana. James Myers was lieutenant governor of Ohio from 1854 to 1856. The county has furnished two members of the board of public works. Gen. James B. Steed-man entered upon his duties in 1852, and served for four years. Abner L. Backus was a member of that board from 1858 to 1861. Dr. Horace N. Allen was United States minister to Korea from 1901-5, and rendered conspicuous service during those years. Samuel S. Knabenshue has been in the consular service for a number of years. He was first stationed at Belfast, Ireland, and is now located at Tientsin, China. Clement Carpenter was first secretary of the legation at Santiago, Chili, and served as charge d'affaires for a short period. The following have been representatives in Congress: From 1843 to 1845, and 1849 to 1851, Emery D. Potter; 1855 to 1859, Richard Mott ; 1859 to 1869, James M. Ashley; 1869 to February 5, 1870, Truman H. Hoag; 1875 to 1877, Frank H. Hurd ; 1881 to 1883, James M. Ritchie ; 1883 to 1885, Frank H. Hurd ; 1885 to 1889, Jacob Romeis ; 1893 to 1895, Byron F. Ritchie ; 1895 to 1907, James H. Southard; 1907 to 1918, Isaac R. Sherwood, present incumbent. The early physicians in Lucas County did not have a sinecure in their occupation, if we are to believe the statements of the contemporaneous writers. A couple of verses from an article published in the Maumee Express, of November 24, 1838, elucidate this feature of life in the Maumee Valley at that time : " I know it's not right to swear and curse, For it puts no money in the purse ; Besides, it only makes one worse, To curse and to swear. "But when a-body's shivering and shaking, Os DENTES chattering, os humani aching, The spinal pillar twisting and breaking, Who can forbear ?" The first physician in this region, of whom we have accurate knowledge, was a Doctor Barton. Of him little is known, except that he located at the rapids of the Maumee in the early part of the nineteenth century. Dr. Horatio Conant was the second physician to establish himself within what is now Lucas County, and he arrived in 1816. For a year he engaged in business, and then commenced the practice of medicine, which he afterwards followed, except when occupied with public affairs. His professional visits extended as far as Defiance, and, on one occasion at least, event to Fort Wayne, it being necessary to make this entire trip on horseback. Dr. Wal- HISTORY OF NORTHWEST OHIO - 485 ter Colton arrived at Maumee in 1823, when a very few houses marked the site, and remained there for about four years. He then moved to Monroe, Michigan. Dr. Oscar White s came to Maumee City and formed a partner--ship with Doctor Conant in 1829. Thirty years later he removed to Toledo, where he spent his remaining years. In all, he gave over fifty years of his life to the pioneers in the Maumee Valley. Dr. J. V. D. Sutphen came to Toledo in 1825, and erected a dwelling house in which he began the practice of his profession. He remained here until the time of the Toledo War. In his controversy he espoused the cause of Michigan, and was so badly chagrained at the outcome that he removed from the city. Dr. John Fassett came to the village of Vistula in 1832, and entered eighty acres of land. He afterwards located himself on the east side of the river, near the present terminal of the Cherry Street Bridge, and practiced medicine there for many years. Dr. Welcome Pray was a New Yorker by birth. Shortly after receiving his diploma he came West, and selected the Village of Waterville for his home. Here he continued to reside, and practiced medicine for more than half a century. Dr. James L. Chase reached Lucas County in 1836, and stopped at Manhattan. He began to practice medicine in that locality and continued there for nearly forty years, when he removed to Toledo. Dr. William W. Jones came to Toledo immediately after his graduation in 1849. He also became prominently identified with its activities, and served for six years as mayor of the City of Toledo. Among other practicing physicians of the early days of Toledo were Drs. Harvey Burritt, Jacob Clark, John Mosher, Horace Green, Blakesley H. Bush, Alexander Anderson, Horace A. Ackley, Manly Bostwick, Charles McLean, B. S. Woodworth, William St. Clair, Calvin Smith, Isaac N. Hazlett, and Franz J. Klauser. Doctor Klauser served as United States consul at Amsterdam, Holland, from 1861 to 1863. Dr. Arthur F. Bissell was the founder of. the Homeopathic School in Toledo. He came to this city in 1848, and at once entered upon a successful professional career. In the spring of 1878 the Toledo School of Medicine was organized. It was intended to provide preliminary instruction for those seeking admission to medical colleges. It was opened in March, and continued for twenty weeks. In 1882 a charter for a medical college was petitioned for under the name of the Northwestern Ohio Medical College. A college building was located on Lagrange Street and classes were graduated every spring after its organization until 1892, when the college was suspended. The Toledo Medical College was organized in 1882, and .a charter obtained for it. Ten years later a new building at the corner of Page and Cherry streets was completed, and there the medical college had its home for many years. In 1905 it became a department of Toledo University. Many physicians have gone forth from these halls who have made themselves useful and prominent in the cities and communities in which they have located. The last class was graduated in 1914. It was then decided to continue the department as an institution to cover only the first two years of the prescribed medical course, and to discontinue the granting of the degree of doctor of medicine. THE PRESS The first newspaper published in Maumee Valley was the Miami of the Lake, which was begun at Perrysburg, December 11, 1833, by Jessup W. Scott and Henry Darling. In the following year James Irvine Browne came to Toledo under an arrangement with some local parties to conduct a newspaper. He was a man of education and refinement, but the delays and troubles of the pioneer editor were 486 - HISTORY OF NORTHWEST OHIO many. No suitable building could be found, and there was a warm contest between Upper and Lower Town for the location of the newspaper. After several months the material arrived and a compromise site was selected on Lagrange Street, near Summit, and about the 15th of August the initial number of the Toledo Herald appeared, the first paper in Lucas County. It was a very creditable sheet in both contents and appearance. Mr. Browne set up his own type, worked his own press, and had not even a "devil" to assist him. Only three or four numbers, however, were issued, as the editor was taken sick, which put a quietus on the entire establishment. Not long after the paper was revived under the . name of the Toledo Gazette. Its early issues were very irregular, for a number appeared only about two weeks out of every three. The subscription list was small, and the chief sup port arose from the real estate advertisements of the various promoters. Mr. Browne was the first editor of this paper, and was succeeded in a few months by Samuel Allen. Captain Allen had been prominently identified. with the early efforts to build up Toledo for several years, He had erected the first wharf at Vistula. His materials were purchased in 1836, and removed to Hartford, a town then in what is now Ottawa County, and were later removed to Lower Sandusky. The next paper established at Toledo was the Blade, in the year 1836. Abel W. Fairbanks and S. S. Willard were the publishers, but Mr. Fairbanks soon became the sole proprietor. This paper ardently supported General Harrison for President. In 1842 Edward A. Graves appeared as sole publisher, with David McBain as editor. It was an event of great interest when the first issue of the Tri-Weekly Blade appeared in 1846. For ten years the weekly had a hard struggle for bare existence, but the proprietors managed to issue it regularly. A little later these early troubles seemed to have passed away. A number of able contributors added much to its success. For several years Jessup W. Scott filled the position of editor. The Daily Blade appeared in 1848 as a small sheet, and this was also an event of great importance. At that time Hezekiah L. Hosmer was the editor. In 1856 Clark Waggoner became one of the proprietors of the Blade. Ire was the editor and author of the very complete and comprehensive "History of Toledo and Lucas County," He had had considerable newspaper experience before coming to Toledo, and continued as editor of the Blade for about ten years. The most noted editor was David R. Locke (Petroleum V. Nasby), who first became associated with it as a partner of the firm of A. D. Pelton & Co., the publishers. The firm was changed to Miller, Locke & Co., and again to Locke. & Jones. Mr. Locke finally became sole proprietor, and continued to publish the paper until his death in 1888. It is still owned by his family. It is interesting to know that in 1850 the local and town subscriptions to the daily edition numbered 109, to the tri-weekly 24, and the weekly 67. A few copies were of course sent out of the city. In 1839 there were published within what is now Lucas .County, the Express at. Maumee City, and the Advertiser at Manhattan, in addition to the Blade. The Advertiser was established in 1836 by Benjamin F. Smead, before that town was a year old. It was started practically without subscriptions, but acquired a position of real influence during the five or six years of its existence. The next newspaper in order was the Toledo Register, which made its appearance September 14, 1841, with Charles I. Scott as editor and publisher. It was the first democratic publication. Mr. Scott continued to publish the paper until 1843, when it was sold to Garret D. Palmer, who changed the. name to the Toledo Herald. In the following year it suspended publication, . and was never revived. The reason for this suspension, as given by HISTORY OF NORTHWEST OHIO - 487 the proprietor, was "on account of the general apathy of the Democrats of the District." Another Gazette had a brief existence. The Toledo Commercial Republican made its bow to the public as a daily and weekly in March, 1849. The editor was Charles R. Miller. It was known as a "Free Democratic" publication, and continued for a couple of years with Charles R. Miller as editor. In 1858 it suspended, and was revived again in 1862 as the Toledo Commercial by J. A. Boyd and C. H. Coy, with Josiah Riley as editor. At one time it was owned by Isaac R. Sherwood and associates. Clark Waggoner and Ralph H. Waggoner conducted this newspaper for several years. In 1880 the name of the paper was changed to the Toledo Telegram, and was published as such for about three years by J. B. Battelle. This is the paper that .is now known as the Toledo Times. In 1876 H. S. Chapin started the Toledo Evening Bee, which was published under that title for a number of years. For several years it was edited by Flavius J. Ohlinger, one of the best-known newspaper men in Northwestern Ohio. The Toledo News was introduced to Toledo at a still later period, and these two were consolidated under the name of the News-Bee, which is its present title. It is now owned by the Scripps-McRae Syndicate. The Toledo Journal was established as a weekly in 1868, and was later issued as a Sunday paper, but finally passed out of existence. Many other publications are issued in Toledo. The Toledo Express dates from 1854, when it first appeared as the -Ohio Staatszeitung. The daily edition has been published since 1871. A. A. Paryski established the Gwiazda, a Polish semi-weekly paper, in 1887. Two years later the name was changed to the Ameryka. It is now known as the Ameryka-Echo, and is issued in both a weekly and a daily edition. In addition there are a legal daily, several religious and fraternal publications, and papers in foreign languages. Only two papers are published in the county outside of Toledo—one each at Maumee and Sylvania. At a meeting of citizens of Lucas County held in Swanton, November 13, 1849, a county agricultural society was organized. Sanford L. Collins was elected its president, and John G. Klinck its secretary. It was called the Lucas and Fulton Agricultural Society, and the first fair was held in 1850. The premiums were mostly subscriptions to agricultural papers. In 1854 the word Fulton was dropped, and Joel W. Kelsey was elected the president. In 1877 the grounds were turned over to the Tri-State Fair Association, which had just been organized. L. S. Baumgardner was president of this association, T. P. Brown vice president, and E. W. E. Koch secretary. The first fair under this management was held in that year. For many years its annual fair was a great event in Northwest Ohio, but it finally closed out and county fairs have again taken its place. THE PIONEER ASSOCIATION Although a desire for organized action had been manifested for many years among the survivors of the early settlers, no definite step toward the formation of a pioneer association was taken until the spring of 1864. At that time a call was issued for a gathering of pioneers at Toledo on May 7th. At this meeting Judge E. D. Potter was called upon to preside, and Henry Burnett was appointed secretary. Jessup W. Scott, Sanford L. Collins, and Richard Mott were appointed a committee to prepare a constitution. Peter Navarre, the oldest living resident of the Maumee Valley, addressed the meeting, and he was declared president. Dr. Horatio Conant, Nathaniel B. Blinn, and Dr. Oscar White were named as vice presidents. E. D. Potter, Samuel B. Scott, and Noah A. Whitney were selected as trustees. J. M. Comstock was made treasurer. 488 - HISTORY OF NORTHWEST OHIO In 1865 a meeting was held in Toledo, with Mayor Brigham presiding. At this meeting Brice Hilton, of Defiance, was elected a vice president, and Mr. Brigham a trustee. A committee of one from each county were appointed, to gather and present facts and relics connected with the early history of the Maumee Valley, to-wit : Williard V. Way, of Wood County ; Dr. Oscar White; of Lucas; John Powell, of Henry ; Dr. Jonas Colby, of Defiance ; William A. Stevens, of Williams; George Skinner, of Putnam ; Robert A. Howard, of Fulton ; Horatio N. Curtis, of Paulding; and James 'Watson Riley, of Mercer. Since the original organization of the Maumee Valley Pioneer Association, meetings have been held almost every year. It is now known as the Maumee Valley Pioneer and Historical Association. One by one the original pioneers have departed for the bourne whence none return, but their children have kept the spirit of patriotism and love of historical association alive. In some instances the present representation is of the third generation. A number of the annual meetings have been held at Perrysburg, and some have been convened at more distant Defiance. As early as 1880 resolutions were adopted urging Congress to purchase the site of Fort Meigs and make such improvements as would be consistent with its history. Through persistent efforts an appropriation was finally made by the Ohio Legislature, and the old battlefield purchased. A splendid shaft has .been erected to mark the site of the old fort—for all of which this society must be given full credit. It is its purpose to erect other memorials on historic sites, and thus preserve for future generations the history of the storied Valley of the Maumee. MAUMEE One of the first records filed in the recorder's office of Wood County was a plat of Maumee City, in August, 1818. It was prepared by A. I. Wheeler for John E. Hunt, and consisted of 109 large lots. Three lots were set aside for public buildings, and two others were donated for church and school purposes. This plat was acknowledged before Seneca Allen, a justice of the peace for the County of Logan, who resided at Orleans, just below Fort Meigs. Not long afterwards a deed was recorded from Aurora Spafford to David Hull for one of the lots, with a consideration of $400. A postoffice had already been established there. The City of Maumee was incorporated in. March, 1838, and an election was held on the 26th of that month. Robert A. Forsythe was elected the first mayor against John E. Hunt, his opponent, by a vote of two to one. When the city council met, James Wolcott .was elected its president, and Daniel Cook was selected as the village treasurer; Henry Reed, Jr., was made recorder, and F. E. Kirtland, marshal. At this time one of the first councilmen was George B. Knaggs, son of Whitmore Knaggs, a noted Indian inter.. preter, who spoke six or seven Indian dialects fluently. Maumee City was looked upon as the most promising place in the entire Maumee Valley. The first settlers here were very enterprising, and spared no effort to make Maumee City a real city in fact. The small size of the vessels in the early days contributed to the success of the up-river towns. Before 1830 the only craft were small sailing vessels, with an occasional steamer. The most noted of the vessels in those days were the Leopard and the Eagle. These boats could easily reach Perrysburg and Maumee. For Fort Wayne and other Indiana points, goods were unloaded at Perrysburg, hauled thence to Providence (Grand Rapids) by wagons, and there loaded on "keel boats" propelled by poles. A curious reminder of that day is the record of a meeting of the merchants of Fort Wayne to "secure themselves from oppression by a combination of HISTORY OF NORTHWEST OHIO - 489 the forwarding merchants of Maumee and Perrysburg." This proves that the trust idea is not entirely a new one. Many boats were built at Maumee. The early citizens of the two towns at the "Rapids of the Maumee" equaled in sagacity and enterprise their rivals of Toledo. A large warehouse was built at Miami, a mile below Maumee, in 1836, and this place was hailed as the coming commercial point. In fact, there were many "coming" places. By 1841 Miami had a thriving business in receiving and forwarding merchandise. Denison B. Smith and James H. Hazard were moving factors, and they took much trade from Perrysburg. It was not until the opening of the canal in 1843 that the superior advantages of Toledo as a shipping point began to be demonstrated. As the size of the vessels increased, the tortuous and narrow channel leading to Maumee began to be more and more troublesome. Vessels drawing more than 6 feet of water could not be sure of passing Rock Bar. When the draught of vessels had increased to double that depth, the enterprising and helpful business men gave up the struggle and moved down the river. Mr. Smith and his partner finally came to Toledo. The advantage once gained has never been lost, and commerce to the "foot of the rapids" soon ceased entirely. At one time a petition was seriously circulated asking the Legislature to construct a canal from Manhattan to Maumee, to be connected with Perrysburg by an aqueduct. In justification of this petition, these petitioners alleged that they had purchased their property from the state at a high price, believing it to be the head of navigation, and now the Legislature should make good that claim. The name of Maumee was afterwards changed to South Toledo in 1871, but sixteen years later again resumed Maumee, dropping the word " City." At one time it more than rivaled Toledo. It had many newspapers in its early days. It has the unusual distinction of having been the county seat of two counties, Wood and Lucas. The first court held in the Maumee Valley was also held there. The Methodist Church was organized in 1834, by a "class" meeting at the house of James Jackson, who was the Indian agent at the place. The Presbyterian Church was organized in 1820, and the Episcopal Church sev- 490 - HISTORY OF NORTHWEST OHIO eral years later. The Wolcott Building, built by James Wolcott, one of the pioneers of Maumee Valley, in 1834-6, still stands. It was built of hewed logs, now sided over, and is two stories in height. Mrs. Wolcott was a daughter of Little Turtle. From early times Maumee had a number of rivals on this side of the river, as well as Perrysburg, directly opposite. Marengo was surveyed and located toward Toledo, but was closed out by order of court in 1838. Still nearer was the Village of Miami, which was a vigorous rival for a while, but its site is included within the corporate limits of Maumee. The plat for the site of Vinton was at one time prepared to be located near Swan Creek. On the opposite side of the river were Oregon, East Marengo, and Austerlitz. WATERVILLE The first actual settlement made in or around Waterville was about a mile and a half above the village, when Isaac Richardson located there in 1814. His farm afterwards was known as "Roche de Boeuf farm." Gilbert Underwood arrived two years later, and in 1818 John Pray came with his wife and four children from Madison County, and became one of the most energetic settlers. The first business was opened by Mr. Richardson when he became the boniface. His hotel was a. double log house, and he continued to run a tavern for a dozen years or more, when he was shot and killed by George Porter, a somewhat notorious character. Porter was afterwards hung at Perrysburg, this being the first legal execution in Northwest Ohio. John Pray opened the Columbian- House, and also became the first postmaster, there being at that time a weekly mail between Defiance and Toledo. It was the water power, however, which had brought Mr. Pray to Waterville, and he erected a grist-mill on Granger Island, which he purchased from the Government, and ran it with water power. This was the first real grist-mill on the lower Maumee. He afterwards introduced machinery for carding wool and dressing hemp, and also added a distillery. He held a number of public offices, and lived to the good ripe age of eighty-nine. About a mile and a half north of the present village, a mill was built by Adams, Hunt & Co., known as the " Old Red Ox Mill" because oxen were its motive power. It was used in grinding coarse feed. The building was afterwards overhauled and used as a schoolhouse. The first township officers were elected in 1831, at which time William Meeker, James C. Adams, and Jonas Cleveland were chosen trustees. At another election in the same year, John Vanfleet and Daniel Larkins were made justices of the peace. The Methodist Episcopal Church was organized in the year 1834. The first preacher was Rev. Elam Day, but his congregation at that time was very small. In 1837 a Presbyterian society was organized with ten members. A schoolhouse was built in the village as early as 1834, which shows that these early settlers were interested in education. The Village of Waterville was platted in February, 1830, and now stands as the second existing plat in Lucas County. It was platted by John Pray, who then removed his mills here, and the falls there were generally known as Pray's Falls. The original plat consisted of fifty lots, most of which contained a quarter of an acre. Six years later an addition was platted by D. B. Bruin, D. M. Wilson, and James and Gabriel 0. Kinney. Among the early merchants were Philip Cripliver, Leander Sackett, and Jonathan Hungerford. The earliest physicians were Paris and Welcome Pray. Whitehouse, which is within the same township as Waterville, was not laid out until 1864, when the Wabash Railroad was built through there. It has from the first been a railroad station, which has made it a point of considerable local interest in furnishing HISTORY OF NORTHWEST OHIO - 491 a market for the farmers in that vicinity. It was named after Edward Whitehouse, a stockholder of the railroad, who also owned the land on which the village was located. A sort of settlement with a church and postoffice, had gradually grown up there before the advent of rail communication. The postoffice was established in 1858, with Alexander Walp as the postmaster. A. J. Eldridge opened up the first store. SYLVANIA Sylvania acquired its name from the beautiful forests which used to exist there. This timber has now generally disappeared, and well-cultivated farms have taken its place. The development of this township began about the year 1832, when a log house was built by Gen. David White within the present Village of Sylvania, and on the north bank of the Ottawa River. He became the community's most energetic citizen. Another early settler was Judge William Wilson. He was one of the judges of the "Midnight Court" held in Toledo. The first white child born in the township was Libbe Bancroft, in the year 1834. General White himself erected the first schoolhouse in Sylvania, a small building, 18 by 24 feet, which was also used as a meeting house. When the Erie and Kalamazoo Railroad was built there, the track ran so close to the building that the running of the cars annoyed the general, and the building was removed to the opposite side of the town. We have a record of a town meeting held in 1838, when Pliny Lathrop, Andrew Printup, and Elijah Rice were elected trustees. John Harroun, Elkanah Briggs, and Benjamin Joy were given the important office of fence viewers. At this election ninety-one votes were cast, which shows that there were a good many settlers at that time. At a town meeting held in the same year, Pliny Lathrop and John N. Pease were elected justices of the peace. The original plat of what is now Sylvania was named Whiteford. On July 11, 1835, David White recorded the plat of Whiteford. In the following year Judge Wilson, William F. Denney, D. D. Harris, and L. W. Allen employed Samuel Divine, then county surveyor, to lay out Sylvania, on the west side of Division Street, which included the Wilson and White lands. This plat was acknowledged before C. D. Wing, J. P., July 13, 1836. The business part of the town grew up in Sylvania, and the two settlements were united into a corporation in 1867, as the Village of Sylvania. The first mayor of the incorporated village was James W. Clark, and William Bryan was the clerk. The Sylvania High School Company was incorporated for educational purposes in 1844, at the residence of John U. Pease. The Congregational Church of Sylvania was first organized as the First Presbyterian Church, of the Town of Whiteford. At a meeting held at the schoolhouse, November 8, 1834, a very respectable congregation was soon built up, and this church has always been influential in the community. At a later time it adopted the Congregational form of government, and has since been known as the First Congregational Church of Sylvania. The first deacons of this new organization were Jedediah Jessup and Elijah Rice. As might be expected, Gen. David White was an influential factor of this church and was a permanent member of it during all his life. His temperance views were very pronounced. Hence it was that the church of his choice established a rule of total abstinence from all intoxicating liquors as a condition of membership. This was rather unusual in a day when at least moderate drinking was almost universal. A class of the Methodist Episcopal Church was formed in 1834, and a building was "built in the woods" for their accommodation. Holland was platted in 1863 by Robert Clark. It was at first known by the name 492 - HISTORY OF NORTHWEST OHIO of Hardy, but four years later the name was changed to Holland. The original postoffice was kept by James Dean on the Toledo Plank Road, three miles west of the present village, in a hotel conducted by him. Monclova, although smaller, is much older. It dates from 1836, when Hezekiah Hubbell and 0. H. Beatty undertook to plat a village. A post-office was established there in 1854, with Benjamin Barnes as postmaster. PROVIDENCE At the beginning of the War of 1812, probably 1,000 Indians lived in the neighborhood of Providence. Here was the Village of Tondagamie, the Dog. Providence at one time was a lively place. The first store was erected in 1835 by A. B. Mead, which was followed by the erection of two more business houses soon after by J. B. Abele and Neptune Nearing, respectively. In the same year the postoffice was established, with John Berlin as postmaster. A Mr. Phillips built the first hotel. The original plat had eighty lots and five streets. Providence had all the evidence of commercial growth of a thriving village. Stores, hotels, and warehouses were rapidly constructed to supply the demands of business. It became the stopping place for traders and travelers on their way to the great West. To accommodate these travelers, as early as 1840 five hotels had been built in Providence, while four general stores did a lucrative business. Another source of prosperity was the trade in fur and timber, found in abundance in the surrounding country. An extensive fire in 1846 destroyed the principal business portion of the village, which never was rebuilt. The cholera scourge of 1854 was particularly severe in Providence, a large portion of the population dying of this disease. After this period lots began to be vacated ; and today, where once was a thriving village, is nothing but farming lands. The only structure remaining of the original buildings is a portion of a brick residence now occupied by Elias Oberly, formerly the residence of Peter Manor. Of all the points along the Maumee River, Providence Village had the reputation of being a very bad place, and this reputation perhaps was not undeserved. Fights and drunken carousals were of frequent occurrence, while, if the opinion of those familiar with its history during the period of its greatest prosperity is to be believed, it was the resort of criminal classes from not only along the Maumee, but from the State of Michigan as well. CHAPTER XXXVIII MARION COUNTY J. WILBUR JACOBY, MARION When the Greenville Treaty was consummated, in 1795, both the whites and the Indians believed that the line running eastward from Greenville would for many years mark the limits of the oncoming civilization. So aggressive was the pioneer movement, however, that before Ohio had completed its fifth year as a state, the resolute settler had reached this artificial barrier and stood ready at the first opportunity to possess the land beyond. This historic treaty line, commonly known as the Indian Boundary, passes through Marion County, and forms a part of its southern demarcation. North of it were the lands of the Wyandot, Delaware, Shawnee, Ottawa, Miami, and Seneca Indians. The two former tribes camped, hunted, and fished along the Sandusky, Scioto, and Whetstone rivers. At the time the first white settler crossed the Greenville Treaty Line, and took up their homes in the unbroken forest, they found the Delaware and Wyandot Indians camping, hunting and trapping along all the streams of the county. They were never confined to their reservations, but lead a wandering life, simply making the reservations their home. The author has heard his grandparents speak many times of parties of Delawares, often as many as fifty in a party, camping on the present site of the brick schoolhouse on the west bank of the Olentangy, just north of the Jacoby Bridge, and on the northwest quarter of section thirty in Richland Township. Another favorite camping-place in the same township was on the south bank of the Olen- tangy River, on the northwest quarter of section thirty. At the famous treaty at the "Foot of the Rapids of the Miami of Lake Erie (Maumee)," in 1817, a small reservation "to contain nine square miles to join the tract granted to the Wyandots of twelve miles square, to be laid off as nearly in a square form as practicable, and to include Captain Pipe's Village," was allotted to the Delawares. A part of this grant was included within Marion County, its southern boundary being nine miles north of the City of Marion. When the first permanent settlers reached the county, they found these Indians occupying this reservation. It was not until August 3, 1829, that this land was ceded by treaty to the United States for the sum of $3,000 in money and a large reservation west of the Missouri River, not far from Kansas City. This treaty was concluded at Little Sandusky, and it was not long afterwards until the members of the tribe began their journey toward the setting sun. That portion of the county south of the Indian Boundary began to be settled as early as 1806 by the Watts, Brundiges, and Drakes, and remained a part of Delaware County until it was attached to Marion County by the Legislature in 1845. The Indian lands north of the treaty line were not thrown open to settlement until 1820. It was a very common sight with these early pioneers to see both Delawares and Wyandots in the Village of Marion, whither they came to dispose of their pelts, moccasins, game, cranberries, etc. They - 493 - 494 - HISTORY OF NORTHWEST OHIO were well behaved, except when drunk, and then they might be seen riding their ponies up and down the main street at breakneck speed, and whooping like the genuine savages that they were supposed to be. Captain Pipe, Jr., son of the old Captain Pipe, who burned Captain Crawford, used to come with his people occasionally. Like the others, he also loved the firewater of the palefaces. Solomon Johnnycake, husband of Sally Williams, a quarter blood, was also well known among the settlers. Both of these Indians journeyed west with their tribe. A bad Indian named Nickles was shot and killed by Benjamin Sharrock, of this county. This Indian had threatened several times to kill Sharrock and a couple of his neighbors. It was in February, 1820, that Marion County was created, and it was named in honor of the celebrated Revolutionary general Francis Marion. The county then included about 140,000 more acres of land than it does today. As a matter of fact, it has undergone many mutations. At one time it was divided between Wayne and Washington counties, under the territorial government. After statehood the southern portion was included in Fairfield County. In 1803 it became a part of Franklin County, and six years later it was set off to Delaware. In this relationship it remained until the separate division was formed. It was three years later before the county was fully organized, and then Crawford County was attached to it for judicial purposes. In 1845 Marion was obliged to yield some of its territory to form the newly-created county of Wyandot, and the same process was applied in 1848 for the benefit of Morrow. As a slight compensation on this occasion, Delaware was obliged to sacrifice a part of Waldo and Prospect townships to Marion. One factor that operated to bring about a speedy settlement of the county after its organization was the Old Military Road from Perrysburg to Lower Sandusky. This historic roadway was ceded to the United States by a treaty made at Brownstown, Michigan, on November 25, 1808, with the Chippewas, Ottawas, Pottawatomies, Wyandots, and Shawnees, and is described elsewhere. By the same treaty a strip of land 120 feet wide, for a roadway only, settlements being barred, was ceded from Lower Sandusky (Fremont) south to the Indian boundary line. This latter road followed up the Sandusky River, passed just west of Tiffin, and through Upper Sandusky and Marion. Through Marion County the road followed, in its general course, the Marion and Upper Sandusky, and Marion and Delaware pikes. Early in the War of 1812 General Harrison caused a roadway forty feet wide to be cut through the wilderness along the line of this grant, and this became the chief route over which were moved to the frontier those troops that were assembled at Chillicothe, then the capital of the state, as well as the great highway over which artillery and supplies were forwarded to the Army of the Northwest. This Military Road at once became, and remains to this day, the principal thoroughfare in the county. When the territory north of the Greenville Treaty Line was thrown open to settlement, the lands made accessible by this pioneer road were first appropriated. At convenient intervals along the way was located the indispensable tavern, where information was freely given to each new arrival, and liquid refreshments were regularly served to the hardy and thirsty emigrant. A few settlers had located in Marion County prior to the War of 1812. Nathaniel Brundige and Nathaniel Wyatt, Sr., established themselves in the southern portion, near Waldo, in 1806. They were New Yorkers, but had lived for a number of years in Virginia. Ruth Wyatt, born in 1807, was probably the first white child born within the county. Capt. William S. Drake joined the HISTORY OF NORTHWEST OHIO - 495 little settlement in 1807, and entered a quarter section of land at $2.50 per acre. These earliest pioneers were soon joined by other adventurous spirits. But the first general knowledge of' Marion County by the white man was acquired during the second war with Great Britain. Many of those who afterward became its first settlers, and the progenitors of distinguished families and substantial fortunes, had been soldiers in the western campaigns of that conflict. Among the number were Eber Baker, the founder of Marion ; George H. Busby, the first treasurer and clerk of the county, and later its first resident congressman ; Hezekiah Gorton, its first auditor ; Josiah Copeland, its pioneer stonequarryman ; Dr. George Holloway, a pioneer physician ; and Henry Worline, who built the first sawmill in the county. Altogether, more than forty of the soldiers of the War of 1812, in the prime of life, and sixteen veterans of the Revolution, in their declining years, chose Marion County for their homes.. Another important factor that made for the county's speedy settlement was the fact that it lay next to the Indian boundary line, with Delaware and Knox counties to the south, both of which had been thrown open to settlement twenty-five years earlier. Undoubtedly the most enterprising and far sighted citizens of these border counties had, with dog and gun, many times during the six years following the War of 1812, explored the wilderness which covered the south half of the county and the broad prairie lying beyond. In fact, soon after the war closed, "squatters" began to appropriate the highest and choicest spots of the county, so that when the lands were placed on the market the purchasers of land titles, in frequent instances, found the lands already occupied. It was on the 15th of August, 1820, that the first lands in Marion County, north of the Indian boundary, were offered for sale. From that date the parch of emigration, so long held back by this artificial barrier, was spontaneous and steady. There was no fighting with the Indians, but there was an abundance of hard and stern toil, attended with much suffering from malaria and ague, resulting from the damp lands and decaying vegetation. But the emigrants arrived in ever increasing numbers, most of them traveling by way of Delaware, Ohio. They came from Franklin, Ross, Delaware, Fairfield, Knox, and Licking counties ; from Kentucky and Virginia; from New York and the New England States ; from far off Maine came the founder of Marion ; and, lastly and most numerously, they came in the old emigrant wagons from Pennsylvania— plain, simple, Dutch stock, young and vigorous, with small wealth and large families, to hew a future home out of the virgin forest. This blending of American provincials in Marion COunty was not by chance. It is one of the few counties of Ohio that includes within its limits United States Military, Virginia Military, and Congress lands. In Marion the currents of Ohio's many streams of emigration met and commingled. Marion County's pioneers were almost exclusively native-born Americans. Most of them had settled first in some one of the older counties to the south or east; but, thinking opportunities better in a new county, they had moved on with the eager homeseekers into the wilderness. Beginning with 1830, emigrants began to arrive from Germany. The accretion in population from 1830 to 1840 was remarkable. It increased during this decade from 6,558 to 14,795. This German emigration continued for twenty years, many of the emigrants having taken part in the revolutionary movements in the Fatherland. During the two decades from 1850 to 1870, large numbers also began to infiltrate into the county from Ireland. Since 1890 to the present time the growth in population is almost entirely American, generally from adjoining 496 - HISTORY OF NORTHWEST OHIO counties, with numerous arrivals from Italy, who find employment in track maintenance with the railroad companies whose lines enter the city. The population of Marion County by decades, beginning with 1830, follows : 1830, 6,551; 1840, 14,765 ; 1850, 12,618 ; 1860, 15,490 ; 1870, 16,184; 1880, 26,565 ; 1890, 24,727 ; 1900, 28,678. The population of the county at this time is undoubtedly in excess of 33,971. The loss in population between 1840 and 1850 resulted from the organization of Wyandot and Morrow counties during this period, at which time considerable territory was detached from Marion County to contribute to the foundation of these two new counties. The Plains, covered with high, coarse grass and interspersed with islands of timber, made a safe shelter and home for prairie hens, sand-hill cranes, owls, wild geese, ducks, and turkeys. They abounded in foxes, squirrels and rattlesnakes, and were the favorite hunting-grounds of the Indians. Cultivation has almost obliterated all traces of the boundaries of these natural meadows, but the soil, which is deep, black and rich, will always mark their location and respond bountifully for years to the touch of the husbandman. An interesting account of the Indian "ring hunt" in the Plains is given by Col. James Smith, in his account of his life and travels during his captivity with the Indians. This hunt took place in 1757, not fare from the present site of the Village of Morral, and near the present line of demarcation between Marion and Crawford counties. "When we came to this place," !writes Smith, "we mnaet with some Ottawa hunters, and agreed with them to take what they called a ring hunt, in partnership. We waited until we expected rain was near falling, to extinguish the fire, and then we kindled a large circle in the prairie. At this time, or before the bucks began to run, a great number of deer lay concealed in the grass in the day, and moved about in the night ; but, as the fire burned in toward the center of the circle, the deer fled before the fire ; the Indians scattered also at some distance before the fire, and shot them down at every opportunity, which was very frequent, especially as the circle became small. When we came to divide the deer, there were above ten to each hunter, which were all killed in a few hours. The rain did not come on that night to put out the outside circle of fire, and, as the wind arose, it extended through the whole prairie which was about fifty miles, in some places near twenty in breadth." This custom of burning over the prairie to secure the game that was in hiding, undoubtedly had much to do with the wide extent and timberless character of the Plains. Some of the early court records of the county throw side lights on the troubles incident to frontier life among the Indians. They were prone to theft and bloody assaults. As their agent and protector, the Rev. J. B. Finley, the pioneer Methodist minister and missionary, often appeared in their behalf. One of the most common defenses made was that, being the ward of the United States Government and not a citizen, the Indian could not sue or be sued, and consequently was without standing in court. Ignorance was also frequently interposed as a sort of plea in justification. POLITICAL HISTORY The first step toward the location of the county seat was taken when the General Assembly, on January 28, 1822, passed the following resolution : "Resolved by the General Assembly of the State of Ohio, that Isaac Minor of Madison County, Thomas Hurford of Stark County, and Cyrus Spink of Wayne County, be and are hereby appointed commissioners to fix the permanent seat of justice HISTORY OF NORTHWEST OHIO - 497 in the county of Marion." Previous to this date Claridon had been platted by James Kilbourn, of Columbus, in 1820, and in 1822 Eber Baker and Alexander Holmes laid out their town plat, naming it "Marion." Byron Kilbourn, a non-resident, had laid out a paper town called Bellevernon, five miles east of Marion, where the Mount Vernon Road, now the Claridon Pike, crosses the Columbus and Sandusky Turnpike, now generally known as the "Mud Pike." When the commissioners arrived to inspect the proposed locations, they found a vigorous contest on between the proprietors of Claridon, Bellevernon, Marion, the settlers at Big Island, and Isaac Mouser, who resided about two miles north of Marion. After being "wined and dined" by the citizens in the respective localities, the award was made in favor of Marion. It is said that this decision was made "on account of the ease with which water could be obtained on Eber Baker's land." The act organizing Marion County went into effect May 1, 1824. The election for county officers was held two days later, the new officials to hold office until the next regular election. Benjamin Hillman was elected sheriff, Hezekiah Gorton was chosen auditor, Charles Stuart won the office of coroner, and the first commissioners were Enoch B. Merriman, Matthew Merritt, and Amos C. Wilson. Mr. Gorton had come to Marion County in 1821, and proved to be a very popular official. He served eight years as auditor, and was also elected to the State Senate. The first meeting of the county commissioners was held June 7, 1824, with the entire board present. At this session a county road was established, and a new township, called Grand, was set off. At the conclusion of the meeting the "Commissioners adjourned till tomorrow morning sunrise," as the records relate. On the following day additional roads were laid out, other townships created, and a jail ordered built. In October John Page Vol. I-3 2 succeeded Matthew Merritt as commissioner, the other two being re-elected. They met on Monday, December 6th, and appointed Benjamin Davis a keeper of weights and measures. The salaries of the county officials were fixed as follows : county clerk, $35 per year ; prosecuting attorney, $40 per year ; sheriff, $35 per year. The salary was certainly not high enough to warrant much of a preliminary campaign. Samuel Holmes served as the first county surveyor, from 1824, and George H. Busby had the honor of being the first recorder. These officials were appointed by the Common Pleas Court. Reuben Smith was appointed county treasurer by the first board of commissioners, and was allowed 3 per cent of taxes collected as his fees. The levy was placed at the limit, which was "on all horses, mares, mules, and asses, three years old and upwards, thirty cents per year ; on all neat cattle, three years old and upwards, ten cents; and on all other property, a sum not exceeding one-half of one per cent, on the appraised value thereof." The county was on the same date divided into four collection districts, as follows: No. 1—Green Camp, Pleasant, Richland, and Morven townships, Henry Peters, collector; No. 2—Scott, Washington, Claridon, and Canaan townships, James Lambert, collector ; No. 3—Big Island, Salt Rock, Center (now Marion and Grand Prairie townships), Benjamin Hillman, collector; No. 4—Bucyrus, Sandusky, and Whetstone townships (in Crawford County but attached to Marion County), Charles Merriman, collector. These collectors were to receive 6 per cent for their services. The first recorded deed to lands in this county was a conveyance from Alexander Holmes and Naomi, his wife, to William Caldwell, dated February 19, 1823, for thirty-four acres on a portion of which the Susquehanna Silk Mills are now located. The consideration paid was $50. The deed was witnessed before Eber Baker and Benjamin 498 - HISTORY OF NORTHWEST OHIO Davis, filed for record June 2, 1824, and recorded the following day by George H. Busby, recorder pro tempore. The first session of the Common Pleas Court held in Marion County was a special term, which commenced on May 7, 1824. William Holmes, Jacob Idleman, and David H. Beardsley, the associate judges, occupied the bench. They selected George H. Busby as temporary clerk until an election could be held. At this election Mr. Busby was chosen, and received the appointment. Major Busby, as he was generally known, was one of the notable characters of the early days of the county. Probably no one in the county has had such a record for office holding as Major Busby. He served as clerk of the courts continuously for a dozen years, during which time he also acted as county recorder. Formerly a whig, he afterwards joined the democratic party, because of his pronounced pro-slavery views. The county, which had formerly been whig, began to swing over to the democratic column, because a part of the territory had been severed in the formation of new counties, and also because of the influx of the German settlers, who were mostly democrats. In 1851 he was elected to the United States Congress, and became one of the prominent members of that body. He was especially noted for his punctuality and regularity of attendance. Following this, he was defeated for several offices, but in 1866 was elected probate judge, the last political office held by him. The first regular term of the Common Pleas Court began on September 23, 1824, with Ebenezer Lane as president judge, and with him were the associate judges before mentioned. As there was no resident attorney in the county, Milo D. Pettibone, of Delaware, was appointed prosecuting attorney. The first case on the docket was entitled the "State vs. Eber Baker." In this indictment, Mr. Baker, who was the founder of Marion, was charged with selling "One pint of whiskey to one David A. Town, to be drank at the place where sold, to-wit : at the house of said Eber Baker." Mr. Baker plead guilty, when arraigned, and was fined $1 and costs. The first and second civil cases were for slander, a convincing proof that the pioneers had no better control of their tongues than their descendants. In the year 1825, there were seventeen cases on the docket. Four of these were for slander, three for selling spiritous liquors without a license, two for larceny, and three for stealing hogs. The latter was a common offense, for the hogs were a wild, razor-backed variety, where the ownership was determined by the particular style of cut on the ear of the animal. The remaining five cases were appeals from justices' courts. The first session of the Supreme Court was held in Marion, on August 8, 1825, by President Judge Jacob Burnett, and Associate Judge Charles R. Sherman. By the Constitution of 1851, the Supreme Court ceased its wandering, and all the judges became elective. Under this change, the first Common Pleas judge elected for the district in which Marion County was located was Lawrence W. Hall, of Bucyrus. LAW AND MEDICINE The first resident lawyer of Marion was Charles L. Boalt, who began practicing law here in 1826. He was a very successful lawyer, remaining here about a dozen years, after which he removed to Norwalk. He was the first prosecuting attorney chosen from the county. An interesting incident in connection with his residence in Marion County was an indictment charging that "in a certain tavern there and then kept by one Edward Kennedy, a licensed tavern-keeper, he did then and there unlawfully play with one James H. Holmes at a certain unlawful game with cards, commonly denominated brag, not a game of athletic exercise." The case was tried before HISTORY OF NORTHWEST OHIO - 499 a jury, and the defendant acquitted. He was succeeded in the office of prosecuting attorney by Joseph R. Swan, the author of " Swan's Treatise," which has frequently been termed the "Lawyer's Bible." Gen. James H. God-man began practicing law in the county in 1828, a few months before he became of legal age. He married Ann S. Davis, daughter of Benjamin Davis, a tavern-keeper. He served as prosecuting attorney of the county on two different occasions, and also in both houses of the Ohio Legislature. At the outbreak of the Civil War, he recruited a company and was elected captain. After the war he was brevetted brigadier-general. In 1864 he was elected auditor of state, which office he filled for eight years. He is said to have been the best jury lawyer at the bar prior to the. war. Ozias Bowen was admitted to the bar in 1828, and came to Marion in the same year. In 1830, in 1835, and again in 1861 he was elected prosecuting attorney. In 1830 he was selected for the office of president judge by the Legislature, which office he held for fourteen years. As such he presided in practically every county in Northwest Ohio. In 1856 he was appointed supreme judge by Governor Chase, and then elected to that high office by the people. He was a presidential elector in 1860, and cast his vote for Lincoln. He has been considered by many to be the greatest lawyer that Marion County has produced. He was considered the best informed lawyer of his day in Central Ohio, and he helped to lay the foundation of much of our present jurisprudence. George Rowe began the practice of law in Marion about 1838. Like most of the early attorneys, he served his apprenticeship in the office of the prosecuting attorney. He followed the forty-niners to California, where he acquired considerable riches, all of which were subsequently lost. Almeron Wheat came to Marion in the '30s and, after serving a term as prosecuting attorney, removed to Indiana. Cooper K. Watson, a Kentuckian, came to Marion about 1839. He was noted for his very pronounced anti-slavery sentiments, and for his defense of Black Bill, which was followed by subsequent contempt proceedings and indictments against the Virginians. He was a man of striking appearance and a forcible stump speaker. After practicing a number of years in Marion, he removed to Tiffin, where he was elected to Congress as a whig. After the Civil War, he removed to Norwalk, and was there elevated to the office of Common Pleas judge. Among the other early lawyers of the county who deserve mention were Elias G. Spelman, leader of the mob that rescued Black Bill ; Peleg Bunker, who mistook noise for eloquence ; Bradford R. Durfee, who was one of the leading members of the Marion bar for a score of years preceding the Civil War; and John J. Williams, who opened the Marion Academy. Of the later members of the bar, William Z. Davis achieved distinction. He was admitted to the bar in 1862 and practiced law continuously until his elevation to the bench of the Supreme Court of Ohio, in 1900, which office he filled with great distinction for a dozen years. The first physician to locate in Marion County was Dr. Ebenezer Ballentine. With his sons he settled one mile north of Marion. Because of his age, he practiced medicine but little, and his death occurred three years after his arrival. Dr. Alson Norton was probably the first active practitioner in the county. He settled at Radnor in 1820, in Delaware County, and then moved over the line into Marion County. His practice brought him into every part of the county, and he was frequently obliged to make many long trips on horseback through the trackless forest and over the unbroken prairie. He became the first coroner of the county, and also filled the office of associate judge of the Common Pleas Court. Dr. George Miller, a Pennsylvanian, located at Marion in 1824, but survived only three