HISTORY OF MONTGOMERY COUNTY. - 301

CHAPTER VII.

THE COUNTY SEAT-COUNTY COURT-THE LOG JAIL-ELECTIONS OF 1803-FIRST COMMISSIONERS-TAX DUPLICATE 1804-1804-05-RANDOLPH TOWNSHIP JEFFERSON TOWNSHIP-THE BRICK COURT HOUSE -SCHOOLS-DIVISION OF MONTGOMERY COUNTY-ROADS-FRUITS-WHISKY-INDIAN SUMMER-HUNTING AND TRAPPING-1808-MADISON TOWNSHIP-MILITIA-FIRST COUNTY CONVENTION-WAYNE TOWNSHIP-1810-11-FIRST STONE JAIL-EARTHQUAKES-INFLUENTIAL MEN OF THE COUNTY-WAR TIMES.

THE COUNTY-SEAT.

DAYTON had been designated as the temporary seat of justice of Montgomery County, until the county seat should be located by Commissioners, to be appointed by the Legislature for that purpose. April 5, 1803, Ichabod B. Halsey, Bladen Ashby, and William McClelland, were appointed, by joint resolution, as Commissioners, to select and locate the county seats, in the counties of Montgomery and Greene. By such authority, Dayton was designated as the county seat of Montgomery County, and Xenia as the county seat of Greene County.

COUNTY COURT.

The first court was held in the upper room of Newcom's Tavern, on July 27, 1803. Hon. Francis Dunlevy, President of the First Judicial District, opened the court with the following as Associate Judges: Benjamin Archer, of Centerville; Isaac Spinning, a farmer living four miles up Mad River; and John Ewing, of Washington Township. Benjamin Van Clove was Clerk pro tom.; Daniel Symmes, of Cincinnati, was Prosecutor; George Newcom, Sheriff; and James Miller, Coroner.

The ceremony of opening court was conducted in all dignity and form. When the Judges and other officers had taken their positions in the room, and the crowd had become somewhat quiet, the Sheriff, with a rap, commanded order, and proclaimed: "Oh, yes, this court is declared open for the administration of even-handed justice, without respect of persons; none to be punished without a trial by their peers, and in pursuance of the laws and evidence in the case."

The Presiding Judge and State's Attorney instructed the Associate Judges, Sheriff, Clerk and Coroner, as to their duties; there being no other business to transact, court adjourned the same day. Nearly the entire male population of the county were gathered for a frolic and to enjoy the opening of the court. Lawyers and Judges slept together in one room in the old log tavern. The next morning, Judge Dunlevy, with the State's Attorney and lawyers, mounted their horses and rode to Xenia to open court in that county.

Judge and lawyers rode on horseback from court to court, through the forests, taking with them their papers and law books, and provisions for the trip, often being compelled to camp out by the roadside. The roads were few and rough. Sometimes it was preferable to follow the compass rather than the narrow, winding roads. Often when the waters were high, travelers were compelled to swim all streams on their route.

The second session of court was held here on the 22d of November, of the same year. The Grand Jury held their session under a tree back in the bushes;

302 - HISTORY OF MONTGOMERY COUNTY.

the crowd gathered around them so that the aid of the Sheriff was called to keep them from hearing the testimony of witnesses and the deliberations of the jury. The first indictment was against one Pater Sunderland, for an assault and battery on Benjamin Scott, " then being in the peace of God and of our State." Sunderland pleaded guilty and was fined $6 and costs. Two other criminal cases and four civil cases were also tried, and court adjourned next day.

For the first few months of Col. George Newcom's administration as Sheriff of the county, there being no jail, it was his custom to put the white prisoners in an old, unwalled, dry well that was on his lot; and when it was necessary to arrest Indians, they were " bucked," and fastened in his corn crib.

As there was but little money in circulation, penalties were often imposed by fining the parties five deer skins, a bale of pelts, or from 100 to 300 bushels of corn; one man was fined a barrow pig, another 200 pounds of pork. Security was required in so much corn or other produce. The punishment for nearly all minor criminal offenses was a sentence of from one to thirty-nine lashes on the bare back of the offender; the sentence was usually immediately carried into effect by the Sheriff. The court sometimes, to emphasize the sentence, would add, " and well laid on." Owing to the trouble of caring for the prisoners who were sentenced to confinement, it was always a source of gratification to officers and citizens to know that such had escaped from prison, and left the community.

THE JAIL.

The Sheriff held prisoners as best he could until the first log jail was built in the fall of 1804. On the 9th of August, the Commissioners ordered the Clerk to advertise for the building of a round-log jail. September 28, the Board sold the contract for the building at auction to the lowest bidder, David Squires, for $299. The agreement was that it should, be done in a good, workmanlike manner. The building was soon completed, and was accepted by the Commissioners the following December. It stood on Third street, at the west end of the court house lot. The building was thirty feet long, sixteen feet wide and twelve feet high. A log partition divided the jail into two apartments; the floors were of hewed logs, closely laid and covered with heavy plank, secured with wooden pins; the ceilings were also of heavy planks. There was no communication between the two cells, but each had an outside door of two-inch plank, spiked and hung on iron hinges. One cell was lighted by a single window of four lights; the other cell had two windows, of twelve lights each, all eight-by-ten glass. The windows were secured with iron bars and shutters of two thicknesses of two-inch plank. In one of the cells a stone fireplace was built, with a back wall four feet thick. The doors and shutters were secured by locks on the outside, the keys to which were kept by the Sheriff at his tavern, at the upper end of Main street. During court sessions, it was customary to appoint a door-keeper, whose duty it was to take prisoners into court and return them to jail. This first jail was a strong box, answering every purpose of a prison until after the war of 1812, and was not torn down until it became desirable that the Sheriff should live at the jail.

ELECTIONS OF 1803.

The first election held in the county after its organization was for Member of Congress, June 21, 1803. The following shows the vote cast:

Dayton Township-Jeremiah Morrow, 43; William McMillan, 61; William Goforth, 0.

Washington Township-Jeremiah Morrow, 6!; William McMillan, 27: William Goforth, 1.

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German Township-Jeremiah Morrow, 3; William McMillan, 51; William Goforth. 2.

Elizabeth Township-Jeremiah Morrow, 62. Total-Morrow, 175; McMillan,139; Goforth, 3; total, 317.

The returns were signed, Isaac Spinning, John Ewing, Associate Judges; Benjamin Van Cleve, Clerk.

The election held the second Tuesday in October, was for Sheriff and Coroner, with the following result:

Far Sheriff -

Dayton Township-George Newcom, 69; John Gullion. 1.

Washington Township-George Newcom, 39.

Elizabeth Township-George Newcom, 33.

German Township-George Newcom, 7. Total-Newcom, 148; Gullion. 1.

For Coroner

Dayton Township-James Miller, 69; D. C. Cooper, 1.

Washington Township-James Miller, 40.

Elizabeth Township-James Miller, 33. Total-Miller, 142; Cooper, 1.

No votes were cast for Coroner in German Township.

ELECTION APRIL 2, 1804.

Monday, April 2, 1804, an election was held for County Commissioners There were twelve candidates; only five of them, however, received any considerable number of votes. Edmund Munger, John Devor and William Browne were elected. The first session of this first Board of County Commissioners was held at Newcom's Tavern, June 11, 1804. They decided by lot the length of time that each should serve, resulting as follows: William Browne, three years; Edmund Munger, two years; and John Dever drew the short term, which was until the next annual October election.

At a meeting of the Commissioners, August 4, it was ordered that a tax be laid on all the items of taxation in Dayton, Washington and German Townships, as high as the law allowed, amounting to $458.40, and, in Elizabeth Township, two-thirds of what the law allowed, amounting to $48,824. It must be remembered that the county, at that time, included the territory now in Preble, Montgomery and a Fortion of Clark, and extending north to the State boundary line. ,

TAX DUPLICATE-1804.

A list of names of resident proprietors of lands in Montgomery County, in 1804. and the land tax by each:

Adams, George........... ....................... $2 80

Archer, Benjamin................................. 2 40

Aiken, James....................................... 80

Archer, James..................................... 50

Archer, Samuel................................... 50

Broadaway, Samuel.............................. 80

Bigger, Abigail..................................... 2 40

Baltimore, Philip.................................. 30

Blair, William....................................... 50

Beck, Samuel....................................... 75

Bailey, John.......................................... 80

Beck, John........................................... 30

Banta, Abraham.................................... 3 72.6

Byers, James................. ...................... 2 20

Bowman, John, Sr................................. 68

Bowman, David..................................... 52

Bowman, John, Jr.................................. 70

Bennet, Benjamin............... ....................... 53

Brower, Christian....................................... 50

Bower, David........................................... 35

Bowser, Daniel, Sr.................................... 5 25

Bowser, Philip.......................................... 70

Bowser, Daniel, Jr.......... .......................... 1 05

Bowser, Henry........................................... 70

Bradford, John............................................ 80

Barnett, John.............................................. 60

Bolton, Samuel........................................... 50

Bigger, Jonathan, and S. White. ................. 3 20

Banta, Albert.............................................. 47

Buckles, John............................................ 1 85

Bowser, Daniel, Sr..................................... 1 12.5

Cooper, Daniel C....................................... 6 65.7

Clark, Joseph L.......................................... 1 10

Clawson, Thomas........................................ 60.

Clawson, Josiah.......................................... 50

Clawson, Peter............................................. 80

Craig, John................................................... 98

Chevalier, Anthony....................................... 28

304 - HISTORY OF MONTGOMERY COUNTY.

Crane, Joseph H................. 80

Crothers, James................. . 1 60

Clark, William.................. 2 10

Davenport, Jesse................. 78.5

Devor, John..................... 1 60

Davis, Thomas................... 1 00

Duncan, John.................... 80

Day, John........................ 50

Day, Robert..................... 30.5

Davis, Hannah................... 50

Demott, Abraham................ 80

Donne], Jonathan................ 1 14.5

Ewing, John..................... 2 75

Eastwood, John.................. 42

Ewing, James.................... 40

Ellis, William.................... 50

Edgar, Robert.................... 40

Ewing, Robert.................... 80

Eadings, Benjamin............... 1 60

Ellis, Rowland................... 30

Ferrel, Daniel.................... 72.5

Fouts, Henry........... ........ 80

Fincher, William................. 50

Fout, David...................... 2 13

Fout, William.................... 1 00

Fout, Jacob, Sr................... 84

Gillespie, James.................. 80

Gregg, Smith.................... 50

Gillespie, George................. 1 00

Gerard, Abner.................... 1 20

Gilchrist, Robert... .............. 1 64

Griffing, Daniel.................. 50

Gerard, Jacob.................... 75

Hatfield, Thomas................. 1 00

Hatfield, William................ 40

Hole, John....................... 7 20

Hole, William.................... 50

Hole, Zachariah.................. 1 12

Homer, Nicholas................. 1 22.5

Haggin, John.................... 4 27

Harding, John................... 60

Harding, Robert.................. 77

Heck, Jacob...................... 07

Hawkins, Samuel................. 80

Hatfield, Jonas................... 77

Hartsel, Abraham................ 42

Howard, Samuel................. 50

Holmes, William................. 2 85

Huston, Edward........................ 25

Huston, John.................... 90

Hoover, John.................... 4 00

Hoover, David................... 80

Hoover, Daniel.................. 80

Hamer, William.................. 1 00

Hosier, Abraham................. 80

Huston, Alexander................ 75

Hole, Zachariah.................. 1 20

John, Thomas.................... 80

Isley, Conrad..................... 3 20

Janny, Abel...................... 25

Knotts, Nathaniel................ 40

Kripe, John...................... 35

Kripe, Daniel.................... 4 55

Kripe, Samuel.................... 25

Keen, Philip..................... 70

King, William................... 2 73.5

Lock, Andrew.................... 3 20

Lary, Daniel...............,...,. 1 45.5

Lyon, Nathaniel.................. 70

Long, Jacob...................... 1 60

Luce, John....................... 80

Luce, William.................... 40

Lamme, William................. 4 10

Ludlow, Jeremiah................ 40

Maltbie, Benjamin............... 1 00

Munger, Jonathan................ 52

Munger, Edmund................ 2 40

Mitchell, Edward, Sr............. 80

McCabe, John.................... 70

McGrew, John................... 1 05

Mason, Richard.................. 4 80

Miller, David..................... 50

Miles, James..................... 50

Mikesell, John................... 60

Moyer, Michael.................. 3 07

Miller, Daniel.................... 1 05

Mikesell, Joseph........ . ......... 25

Miller, John Brower.............. 25

Moyers, Henry................... 12 06.1

Mollenton, Jacob........ ........ 61.5

Mikesell, Peter................... 25

Miller, John...................... 60

Mason, William ................... 50

McClure, James................. . 80

Mast, David...................... 3 20

Miller, James, Sr................. 2 40

McGrew, John.................... 1 35

Miller, Jacob..................... 1 43

Millegan, James.................. 80

Miller, James, Jr................. 80

Matthews, James................. 1 60

Mendenhall, Caleb................ 50

Mote, Jeremiah.................. 1 60

Newcom, Matthew............... 50

Newcom, George................. 1 60

Newcom Thomas................ 1 35

Neff, John m....................... 8 98

Nisbet, James I.................. 3 20

Neagely, Philip.................. 3 20

Naffsinger, John.................. 2 85

Nutt, Aaron...................... 1 10

Nutz, Frederic.................... 1 40

Nutt, Aaron...................... 50

Pauley, John..................... 2 24

Porter, James.................... 1 05

Pettigrew, James................. 1 60

Pettigrew, James................. 1 83.2

Parson, Matthias................. 80

Patterson, John, Sr............... 1 60

Patterson, Robert................ 2 24

Patterson, James................. 80

Patters., George................ 80

Patterson, John, Jr............... 50

Pursley, James................... 80

Price, John...................... 50

Rogers, John..................... 1 45

Robinson, William............... 80

Riffle, David..................... 40

Reyburn, Joseph................. 80

Reeder, Joseph................... 80

Reeder, Daniel H................. 80

Robbins, Benjamin............... 80

Russel, James.................... 80

Rour, Joseph..................... 1 05

Robbins, Daniel........ .......... 1 09.9

Richmond, Jacob................. 2 72

Scott, Alexander.................. 2 80

Smith, Benjamin................. 70

Swineheart, Gabriel.............. 1 09.4

Stansel, Henry................... 1 00

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HISTORY OF MONTGOMERY COUNTY. - 307

Shanks, Joseph.................. 20

Sunderland, Richard............. 80

Sunderland, John................ 80

Sunderland, Peter................ 80

Scott, Robert..................... 80

Scott, James..................... 50

Squier, David.................... 50

Sinks, George, Sr................. 1 60

Snodgrass, William............... 75

Snodgrass, Alexander............ . 60

Spinning, Isaac................... 4 80

Stuart, William.................. 80

Scott, James G. T................ 1 40

Schidler, George.................. 4 48

Short, Payton.................... 71 80

Tennery, George F............... 15

Thomson, Samuel................ 39.2

Thomson, James... .............. 1 95

Tibbols, Noah.................... 2 80

Tibbols, Samuel.................. 17 14

Van Cleve, Benjamin............. 80

Van Cleve, William............... 21

Wade, John...................... 50

Wilson, Robert.. ................. 6 40

Westfall, William. ............... 45

Westfall, George................. 30

Willis, William.................. 1 10

Wead, Ebenezer.................. 50

Whitesell, Tobias................. 50

Whitesell, Henry................. 30

Wallingsford, Benjamin.......... 80

Waugh, William................. 1 30

Waggoner, John.................. 1 51

Weaver, Peter................... 4 80

William, Willis................... 50

Worthington, George ............ 30

Wilson, James .................... 4 56.5

Williams, Michael................ 1 60

Total .................................. $373 96.9

In September of that year William Browne resigned, and December 13, the County Judge appointed Samuel Hawkins to fill the vacancy.

1804 AND 1805.

Before the post office was established at Dayton, in the spring of 1804, the only post office for all of the Miami Valley, and as far north as the lake, was at Cincinnati, and, for a year or two after the Dayton office was opened, settlers in the territory to the north, and as far west as Fort Wayne, were obliged to come to Dayton for their mail.

RANDOLPH TOWNSHIP.

It was formed from Elizabeth Township, by the County Commissioners, November 6, 1804, and elections were ordered to be held at the house of David Hoover. The town of Salem was laid out, in seventy-five lots, by John Leatherman, January 15, 1816. Harrisburg was platted, forty-nine lots, May 6,1841, by Samuel Harr, David Raser, Daniel Raser, Mathias Gish, Thomas Kearns and David Langnecker.

With the opening of the spring of 1805, settlers were constantly coming in; the new-comers were directed to the rich farming lands that had not yet been improved. A very large colony came to Mad River, and many went in to the woods to the northwest of Wolf Creek, locating, as they fancied, a spring, a running stream, a hill, a patch of prairie, or a wide range for cattle and horses. The rich little valleys were acquiring commercial value, new settlements were being made, and the faint blue smoke from cabin chimneys could be seen in all directions, curling above the waves of green tree-tops. The hospitality of the pioneers was limited only by their means to indulge it; the newcomers were welcomed and given all possible aid.

JEFFERSON TOWNSHIP.

It was formed from German, June 10, 1805. Harding Township was formed at the same time, and included about all of the territory now within Preble County.

It was the custom for twenty years after the organization of the county, and even to later years than that, to take care of orphans or poor children by " binding them out" until they should become of age. The first record of indenture is that of Seni Culbertson, an orphan girl five years of age. Squire Joseph Rayburn, with the Overseers of the Poor of Dayton Township,---- , William Hamer and Joseph Miller-on the 30th of August, 1805, bound her to

308 - HISTORY OF MONTGOMERY COUNTY.

faithfully and cheerfully obey all lawful commands of her master, and to behave herself in a becoming manner. She was to be instructed in all necessary housework, cooking, washing, sewing and spinning; to be taught reading and writing, if capable of taking them up. She was to be found in boarding, lodging and suitable clothing. When she became eighteen years old, she was to receive a feather bed and covering, a small spinning-wheel, a half dozen each of plates, knives and forks, and a set of tea ware.

Henry Culbertson, a brother of Seni, was the same summer apprenticed to a saddler of the town until he should be twenty-one years of age; was to be taught saddlery, and, if he be capable of taking them up, was to be taught reading, writing and ciphering, and, at the end of his time, receive a new suit of clothes.

A colored girl brought here as a servant to live with the family of D. C. Cooper, on his farm south of town, is the first colored person known to have come to the Dayton settlement. She came here in 1803, and shortly after gave birth to a boy child, which she named Harry Cooper. When the boy was two and a half years old, he was indentured to D. C. Cooper until he should arrive at the age of twenty-one years, Cooper agreeing to teach the boy the trade of tanning and milling, and, if he prove capable, he is to be taught reading and writing. He was to behave himself in a becoming manner, to have boarding, lodging and clothing free, and at the age of twenty-one was to receive two new suits of clothes, a saddle and a second rate horse.

In December of the year 1805, the colored woman gave birth to a girl baby -Poll-who, when she was nine months old, was bound to Christopher Curtner until she should be eighteen years old. She was to be taught to read, and all duties of housekeeping; was to have everyday clothes and a suit for Sunday, with board and lodging free. At the end of her time, she was to have a feather bed and bedding, plates, cups and saucers, and knives and forks for a common table.

In June, 1805, ferry rates were fixed by the County Commissioners as follows.

For each loaded wagon and team, 75 cents; for each empty wagon and team, 50 cents; for each two-wheeled carriage, 37 1/2 cents; for each man and horse, 12 1/2 cents; for each foot person, 6 1/4 cents.

Licenses were fixed as follows:

Lawyers and doctors, each. $3; taverns, in Dayton, $9; taverns on the road between Dayton and Franklin, $6; taverns at all other places, $5.

In the next year licenses were increased $1 each, and the ferry rates were also advanced. The Commissioners in June, 1805, advertised in the Cincinnati and Lexington (Ky.) papers for proposals for building a brick court house in Dayton. The place of holding courts was changed from Newcom's Tavern to McCollum's brick tavern for the fall term of 1805, and the courts were held there until the new court house was completed. The Commissioners paid $25 per annum rent.

THE BRICK COURT HOUSE.

The contract for building the brick court house was let February 3, 1806. The building was forty-two by thirty-eight feet; two stories high; jury-rooms above and court-room below; and, although not finished, was occupied the fol lowing winter. There were no locks on any of the doors for four years afterward. The only furniture in the court and jury rooms were a few three-legged stools and a bench. At first the juries were not furnished with seats, and it was not until the year 1811 that tables were placed in the building; then benches were provided for spectators. In 1815, a cupola was built on the court house, and in the fall of the next year a bell was hung.

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SCHOOLS.

It is difficult to fig the time that schools in the townships were first opened, as there is very little of record in reference to it. In Dayton, the first school was held in September, 1799, in the block-house at the head of Main street. In the winter of 1804-05, cabin schools were in operation in Mad River, Washington and German Townships, and in Dayton. As the neighborhoods in other parts of the county grew stronger each winter log schoolhouses were built, and it is probable that, in 1810, there were ten such country schools in existence. Adults, as well as children, attended them, but the aggregate of attendance was not very large. These first log-cabin schoolhouses in the townships were put up in a few hours by the settlers of a neighborhood. The schools were all kept up by subscription; children whose parents were unable to pay, were admitted free; schoolmasters boarded around among the patrons of the school, and their pay was small. The master was not always master; as a rule the boys were unruly; and by reason of the large reserve of "big brothers;" combinations were often made to "bar out" the master, and sometimes even drive him from the neighborhood. The good-natured master who would begin his term by standing treat to cider or apples for the school was the popular kind, and was less liable to be " smoked " or "barred out." Children usually supplied themselves with books by trading produce of their own raising, furs of animals that they had trapped or shot, or rags that they had saved. Two or three winters of schooling was considered enough, and even to secure that most of the children had long, lonely walks through the woods, in cold, and wet and snow. However, school children were reasonably happy, and had good times, as most of school children do.

DIVISION OF MONTGOMERY COUNTY.

By act of Legislature, passed January 16, 1807, to take effect March 1, 1807, Miami County was erected, thus reducing the boundaries of Montgomery County to the territory now within Montgomery and Preble Counties. Township lines were adjusted to suit the new county lines. Washington Township lines were not changed. The territory now in Harrison Township, south and west of Stillwater, had been added to Dayton Township, January 2. June 1, the west line of the township was continued on up to the Miami County line, so that at that time Dayton Township included all of what is now Van Buren, Harrison, Dayton, Mad River and Wayne Townships, and Butler, to the west line of the sixth range of townships, and in the southwest corner of the township, west of the Miami River, fractional Sections 19, 20, 29 and 30, in Township 1, Range 6; these sections were, in 1831, attached to Miami Township. Randolph Township included what is now in Clay and Randolph, and east of Stillwater to the sixth range of townships. German Township was what is now in that township and east to the Miami River, and two tiers of sections that are now in Jackson Township. Jefferson Township included all of Jefferson, Jackson (except the two tiers of sections in German), Madison and Perry Townships. Harding Township was the whole of Preble County.

September 8, 1807, Eaton Township was formed from Harding Township, to include all of the first and second ranges of townships between Butler and Miami Counties. March 1, 1808, Preble County was erected.

ROADS.

Winding little paths, lines of communication between neighborhoods, had widened out to shady roads. At first the pioneers, without compass, had picked their way to the nearest settlements around, wading through the rank weeds

310 - HISTORY OF MONTGOMERY COUNTY.

and tangled vines, swamps and long grass of the prairies. In this way were the county roads located along the ridges, across the streams and through the woods, flanked by jungles of weeds and underbrush, thickets of vines and scrub growth. In 1807, these roads were open in all directions through the county: From Dayton to Piqua, on both sides of the Miami; up Stillwater to Greenville; up Wolf Creek seven miles. A column of Gen. Wayne's army had, in 1793, cut a trace through from below Eaton, to New Lexington, Preble County, and along on what has since been known as the the Old Sled Road, to Salem, Randolph Township, in this county; thence straight to Fort Greenville. From Dayton there were roads to Springfield, Xenia, Gunckel's mill, Lebanon and Franklin. The river road had that year been opened from the ford, at the foot of Fourth street, in Dayton, down through the bottoms, to intersect the Franklin road at Hole's Creek; a road had also been located from Hole's Creek, across the hills, through the Shaker settlement to the Greene County line. From Hole's Station, roads led to the mills up Bear Creek, and across to Gunckel's mill. From opposite Franklin, a road followed up Twin Creek to Gunckel's mill, and on up to New Lexington, in Preble County. The surplus products of the county were hauled over these roads to the mills, or to the more central points, to be freighted to Cincinnati. The roads were narrow, but a single track, marked by the deep ruts cut by loaded wagons, and were not much improved until 1839.

FRUITS.

The wild strawberry was found on the uplands, and there were service berries, May apples, blackberries, wild raspberries, prickly gooseberries, dewberries, wild plums, wild grapes, haws, hackberries, wild cherries, papaws and crab apples; hickorynuts, chincopins, walnuts, hazelnuts and butternuts. Apples, peaches, pears, plums and cherries were brought to the county about in the order named. Apples were grown in the county as early as 1803, but not in great quantity until in 1806, at which time there were good orchards in every part of the county, except in Clay and Perry Townships. The best results were found in budding on wild crab stocks. Silas Wharton had an extensive nursery two and a half miles west of Waynesville, in 1818; he had apples, pears, plums and cherries, and it was the first nursery in this part of the State. In the winter of 1823-21, Solomon, Hoover & Co. began selling apple-trees from their nurseries, two miles south of Milton, Union Township, Miami County.

WHISKY AND WHISKY-MAKING.

At one time, nearly every well-to-do farmer in the county had a little copper still of his own, in which he made his "old rye," "apple-jack" and corn whisky; many of them made from one to ten barrels each year for shipment. They kept whisky in their cabins for their own use, and to bid neighbors and friends good cheer. Whenever they came along, the bottle and cup were always handed around, the host drinking first. Morning bitters were popular then, as now, and the men usually took a dram before meals. Women treated their visitors to whisky and sugar. Milk punch was a favorite with all. Whisky was used with roots and herbs in making medicines, and was used as a prevent ive as well as a cure.

About all the facilities the county offered for advertising, was by telling all the neighbors, and requesting them to tell all of their neighbors, and everybody else.

INDIAN SUMMER.

The first few days of disagreeable, cold weather in the fall, was known as Squaw winter; after that the pleasant weather that came was known to Western pioneers as Indian Summer-so called from the fact that the renewal of pleas-

HISTORY OF MONTGOMERY COUNTY. - 311

ant days afforded the Indians further opportunity for depredations in the settlements. The whites enjoyed perfect peace and freedom from such incursions through the winter. After the Indian Summer had passed, the hunting season began, provisions were laid up for the next summer, so that the whole time might be given to farming.

HUNTING AND TRAPPING.

The forests were full of game-wolves, wild-cats, foxes, panthers, bears, deer, wild turkeys, ducks, geese, rabbits, coons, possums and squirrels, and the rivers were stocked with fish. At the time Daniel Boone came to the Kentucky lands, and when the white settlers began coming through the mountains to the Ohio Valley, herds of buffalo and elk roamed the forests and prairies of Tennessee, Kentucky and all north of the Ohio River to the Mississippi. In 1780, when Gen. Clark's expedition against the the Indian village on Mad River, seventeen miles above Dayton, had recrossed the Ohio River, being scarce of provisions, a buffalo was killed on Licking River. November 4, 1787, two were killed as they were swimming the Ohio River at ;the mouth of the Big Miami. November 18, several were killed above the Big Kanawha; a great many were in the Wabash Valley that same year and over in Kentucky. In 1788, in a letter written at Marietta, to a friend in Massachusetts, the writer says: "We have seen twenty buffalo in a drove, and deer are as plenty as sheep with you; beaver and otter are abundant."

Capt. Imlay, who came West previous to the year 1793, in writing of the wild animals and game of the West, says: "The buffalo are mostly driven out of Kentucky. Some are still found on the Licking River, Big Sandy and Green River. Deer abound in the extensive forests, but the elk confines itself mostly to the hilly and uninhabited places. In the broken country, great number of grouse are found; and the quail have followed the trail of the scattered grain from the old settlements on the other side of the mountains, to the new settlements in the West."

Buffalo and elk had entirely disappeared from the country east of the Wabash, in 1795. Wolves, panthers and wildcats were especially annoying to the settlers. A reward was paid for every wolf scalp brought in, and in the seasons when these mischievous beasts were unusually numerous, additional bounty was offered to induce hunters to devote their whole time to the killing of the "pesky varmints." They would attack and drive unarmed men into the trees; often coming into the settlements in packs, driving women and children into the cabins, howling in great numbers through the woods at night, prowling around the cabins to eat vegetables growing in the gardens and destroying pigs and poultry. It was so annoying that the men would nightly shoot them through the cracks of the log cabins. After pigs were brought here, the pens were covered with heavy logs to keep out the wolves. Wildcats were also numerous, and as daring as the wolves in their visits to the settlement, by night or day. Panthers were more shy, but were very dangerous and of great strength, although there were not so many of them. One that had killed a hog, and carried it through a deep snow into the woods, was pursued and killed. A settler who had some land across the river from the head of Ludlow street, in Dayton, hearing some disturbance among his hogs, crossed the river in a canoe. He found the hogs frightened and scattered, and, while searching for the cause, heard something fall, and found one of his hogs dead on the ground under a leaning tree, from which it had been dropped by a large panther. The man had no gun, but stood eyeing the panther as it slowly descended the tree and sneaked off into the woods.

Dressed in hunting-shirt, buckskin breeches, moccasins and coonskin cap; equipped with powder-horn, bullet-pouch and scalping-knife; armed with the

312 - HISTORY OF MONTGOMERY COUNTY.

long-barreled flint-lock squirrel rifle, the hunter always found and killed abundance of game. Deer were as plenty in the woods of the hills and valleys in those days as are the cattle in the fields of Montgomery County at this time.

Courage and daring were characteristic of the pioneer hunters, and they took all risks incident to bear hunting, never hesitating in the pursuit or to push the attack in any situation. And there was real sport, says the pioneer, to see clumsy bruin doggedly move off, or, when urged by the dogs, into a lumbering gallop, suddenly face his enemy, erect himself in defense, thus covering his own retreat to a favorite tree. If the tree was hollow, the bear could be smoked out, or the hunter felled the tree, and killed him after the tumble. Sometimes to get at him, a smaller tree was felled against the larger one, when the hunter, with gun slung to his shoulder, muzzle down, and knife between his teeth, would climb to the attack. A she bear with cubs was the most dangerous. Bears showed but little sagacity in avoiding traps, and could be taken in any simply-arranged trap that was strong enough to hold them. In trapping them. the pioneers built log pens, in shape like a roof. shelving inwardly from the ground on the four sides; a carcass for bait was placed inside. The bear easily climbed the outside and entered through the hole l oft at the top for him. Once inside he could neither get out or throw down the pen. Wolves and catamounts were caught in the same way.

A favorite method of hunting dear in the early days, was by canoe at night, known then as "fire-hunting." A bright fire or torch was lighted at the bow of the boat, the shooter would sit just behind it, while the steersman slowly poled up stream along the shore, the deer in the evening would come to the river to drink, and shelter themselves for the night under the bushes along the bank; as the boatpassed, the bright eves of the deer would glisten in the bushes from the light of the burning hickory bark, affording a good mark for the huntsman. When either deer or bear were killed, the carcass was gutted at once and hung to a tree, to be taken to the settlement on a sled after the hunt.

Bear and deer drives were organized by stationing the hunters at short intervals around a circle. A large tract of land could thus be surrounded. At a signal from the Captain, the word was passed from man to man to begin the advance to a common center. Tin horns and trumpets were sounded along the line; often inclosing in the circle to the center a herd of deer, bears, turkeys and small game. An incessant fire from the line of hunters rapidly brought down the flying deer, the bears as they dashed from side to side, skulking wolves and wild-cats and turkeys from the tree-tops.

The tender, juicy flesh of the wild turkey, the skill and tact needed to successfully hunt them; was a temptation that the hunters would not resist. The "call" was made fiom the small bone of a turkey's wing, and most hunters were experts in its use. After having a shot or two at a pack and scattering them, the " call " was used to draw them to an ambush, shooting them as they came within range. Turkeys being followed in the snow soon tire. The hunter followed the tracks of a single turkey that would turn off to hide or rest. After having killed his turkey the hunter took up the track of the flock again until he saw that another had turned out to hide and squat. They were often shot from their roosts in the tree-tops in the early morning.

Turkey traps were square pens of light timber, a door at the side with a spring catch; the string was stretched across the floor, covered with chaff and corn. In scratching, the string would be struck, and the door dropped behind the turkeys. Other and smaller game were shot or trapped in any quantity. One way of shooting wild ducks, geese and turtles, was to float down stream in a canoe, or on a slab covered with brush. Roast coon, opossum and rabbit pie were favorite dishes, the game for which was usually supplied by the boys, who

HISTORY OF MONTGOMERY COUNTY. - 313

showed great ingenuity in making traps and snares for small game, and soon acquired skill in woodcraft and shooting.

Bass, catfish, pickerel, pike, eels, perch, suckers and sunfish, were caught abundantly from the rivers, by gigging, and in fish-boxes, traps, snares and nets. Great seines were used that would sweep the river from chore to shore. 1803.

Settlers, worthy men from the Eastern States, were constantly coming in with their families, to locate on the farming lands. Cabins were put up in all directions from the settlement, and the women, children and goods were tum bled into them. Good crops were produced throughout the valley; wheat was selling at 50 cents per bushel, and whisky at 37 1/2 cents a gallon. There were but few fences in the county, and, as a consequence, horses and cattle run at large and often Strayed away. Under the law, " strays " could be taken up, but immediately appraised, and notice, with description, filed with the Squire.

At the election that fall there were 564 votes cast in the county. Dayton Township, at the court house, 196, Washington Township, at the house of Richard Mason, 112; German Township, at Philip Gunckel's, 125: Randolph Township, at David Hoover's, 47; Jefferson Township, at John Venimons, 84. Montgomery, Miami and Preble Counties comprised the Senatorial District. Montgomery and Preble, jointly, had two Representatives in the Lower House of the Legislature.

MADISON TOWNSHIP.

March 6, 1809, Madison Township was formed, and at the first election, held at the house of Martin Wybrichts. Andrew Hood was elected Justice of the Peace. He received 10 votes; Benjamin Lehman, 5; Robert Wilson, 2; total, 17. The town of Trotwood has not been platted.

THE MILITIA.

All free, able-bodied, white male citizens, between the ages of eighteen and forty-five years, were enrolled in the militia by company commandants, within whose company bounds such citizens resided. Each man was required to provide himself with a good musket, fusee, or rifle, bayonet, belt, knapsack, two spare flints, a pouch for twenty-four cartridges, or a powder-horn, a fourth pound of powder and twenty-four balls. Officers wore a sword or hanger. Exemptions from enrollment were preachers, Judges of courts, jail-keepers, customs and post officers, stage-drivers and ferry-men on mail routes. The State was divided into four divisions, with a Major General in command of each division. The First Division included the counties of Hamilton, Clermont, Warren, Butler, Greene, Montgomery, Miami and Champaign, formed in brigades as follows: Regiments, battalions and companies, of Hamilton and Clermont Counties formed the First Brigade; Warren and Butler the Second Brigade; Greene, Montgomery, Miami and Champaign the Third Brigade. A brigade consisted of from two to six regiments; a regiment of two battalions; a battalion of from four to eight companies; a company of from forty to eighty men. Brigades were in command of Brigadier Generals; the regiments by Lieutenant Colonels; battalions by Majors; and companies by Captains. Company officers were elected by the enrolled men; Brigadier Generals, Lieutenant Colonels and Majors, were elected by company officers? Division Commanders were appointedby the Governor and Legislature. One company of artillery, or a troop of horse, was attached to each regiment. The grenadiers, or the rifle companies, were the flankers. Four company musters were required each year: battalion musters in April or May; and regimental musters in October. When in active service, the militia were subject to the rules and regulations of the United States Army. As the

314 - HISTORY OF MONTGOMERY COUNTY.

State became more thickly settled, the number of regiments and brigades were increased. In 1809, the militia of Ohio was 15,000 strong, assigned to four divisions. Gen. John S. Gano, of Cincinnati, was in command of the First Division; Gen. Edmund Munger, of Washington Township, this county, was Brigadier General in command of the Fifth Brigade, First Division.

The United States was organizing the army as a precautionary measure in case of war with Great Britain. In all of the States militia laws were being adopted to meet the emergency, and State troops were offered to the Government.

The Governor of Ohio held 2,834 militia in readiness to move upon requisition of the National authorities, but a better understanding prevailed between the United States and Great Britain, and their services were not, at that time, required.

Training days and the 4th of July were the big days for the militia; the only other times that they mustered was at the death of some revolutionary soldier, or one of their comrades, to bury them with the honors of war.

Just before the war of 1812, regiments of Greene and Champaign Counties were formed into a brigade, with Gen. Benjamin Whiteman, of Greene County, in command. After the war, the number of divisions were increased; Montgomery, Preble, Greene, Clark, Miami, Darke and Champaign, formed the Fifth Division, Maj. Gen. Benjamin Whiteman commanding.

At the militia trainings in the townships, sometimes anvils would be used in firing a National salute; at other times, the proper number of large trees, each representing a State, were cut so that a few strokes of the ax would fell them, and thus, at intervals, the crash of the trees would form part of this novel National salute.

FIRST COUNTY CONVENTION.

The first political County Convention was held at the court house in the evening of September 6, 1809, David Reed was chosen Moderator, and Benjamin Van Cleve, Clerk, of the convention. The following ticket was nominated: For Representatives, Joseph H. Crane, of Montgomery; David Purviance, of Preble; for Sheriff, Jerome Holt; for Coroner, David Squire; for Commissioner, John Folkerth.

Opposition candidates for Sheriff and Commissioner were nominated by a convention held on the 9th. At the election there were 600 votes cast, and this entire ticket was elected.

WAYNE TOWNSHIP.

The County Commissioners, on the 1st of January, 1810, formed Wayne Township, to include the four northern tiers of sections in the eighth range east of the Miami River, within this county, and the third tier of sections in the fifth range west of the Miami, excepting two western tiers of sections of the same township. The first election for two Justices was ordered to be held at the house of Benjamin Van Cleve, on the Staunton road, Saturday, January 20. Twenty-one votes were cast at the election. James Miller and William Snodgrass were elected.

1810 AND 1811.

The county tax levy for 1810 was made as follows:

Dayton Township, $865.78.2; Washington Township, $480.95.4; Wayne Township, $93.77; Randolph Township, $177.08.8 3/4; Madison Township, $76,78.9 1/2; Jefferson Township, $416.76.2 1/2; German Township, $303.15.7 1/2; total, $2,414.30.4 1/4.

The census returns for 1810 showed, in Montgomery County, 7,722 inhabitants; Butler County, 11,150; Greene, 5,870; Miami, 3,941; Preble, 3,304; Warren, 9,925; total for the State, 230,849.

PAGE 315 - PICTURE OF JOHN S. SACKSTEDER, HARRISON TP.

PAGE 316 - BLANK

HISTORY OF MONTGOMERY COUNTY. - 317

The number of mills in the county had increased in numbers, every available mill site was occupied; flour, whisky, pork and grain, were shipped down the river in flat-boats. Fish baskets and brush-dams so interfered with navigation, that an eflort was made to have the channels of the Miami, Mad River and Stillwater declared public highways. In 1811, mills, barns, still-houses. and all outbuildings, other than dwellings, were exempted from taxation. A standard half bushel was ordered by the Commissioners, and, on the 28th of June, James Wilson was appointed keeper of the measure, and was advertised to be at his house, at Dayton, every Saturday, to measure and seal half-bushels

THE FIRST STONE JAIL.

The contract for building a new jail was sold at public auction at the court house, July 27, to James Thompson, at $2,147.91; the building to be 18x32 feet, and built of rubble stone. The contractor was two years and a half in building it. In the meantime the county used a rented building for a jail. In

December, 1813, the jail was finished and, shortly afterward, was accepted. It was two stories high, of rubble stone, gable shingle roof running parallel with the street, the building standing at the edge of the sidewalk, in the rear of the court house, on Third street; the entrance was from Third street into a hall that ran through the center of the building; the Sheriff's residence was the west half of the building; the prison part was the east half. There were three cells opening into the hall on the first floor, and three cells, or strong rooms, on the second floor; the rooms on the second floor were more comfortably furnished and less like prisons than those below; were used for women and others confined for minor offenses; one of them was the debtor's cell, for, in early days, men were imprisoned for debt; but where there was no special danger of the debtor running away, he might, upon giving bonds double the amount of the debt, be released by the court, on "prison bounds" or "limits;" that is, he could live at home, being allowed only to go to and come from work, to enable him to support his family, and endeavor to pay the debt.

A person standing on the sidewalk could look through the barred window into the front cell below, and converse freely with the prisoners; the window was about two feet square; small articles could be easily passed through the bars. Back of this cell was the dungeon, and back of that was another cell. The walls and floors of the six cells were lined with a course of heavy oak-plank, driven full of nails, then covered with a second course of heavy plank-a strong box from which no prisoner escaped until they tried. One morning the Sheriff woke up to find that four of his prisoners had escaped during the night, by cutting through the floor and tunneling under the wall and up through the sidewalk. There was at once a great clamor for a new jail. About 1834 or 1835, a one-story building, of heavy cut stone, was erected in the yard to the rear of the jail. In it were four cells with stone floors and arched brick ceilings. This was used as the county jail for ten years, until the fall of the year 1845,. when the stone jail, at the northwest corner of Main and Sixth street, was built.

EARTHQUAKES.

The series of earthquakes which affected the whole of the Ohio Valley, and destroyed the town of New Madrid, thoroughly shook up Montgomery County people and all of the Miami Valley. The first shock was felt here between 2 and 3 o'clock Monday morning, December 16, waking up all the people, many leaving their houses in fright; horses and cattle were badly frightened, and chickens flew in alarm from their roosts in the trees. These shocks, although not so severely, continued for two days. Then again, on Thursday, January 23, 1812, another shock, more severe than those of the month previous. Sev-

318 - HISTORY OF MONTGOMERY COUNTY.

oral alight shocks were felt within the next few days, the most severe of which was on the morning of the 27th; it shook the houses; articles hanging in the stores were kept in motion for a minute. Just before 4 o'clock, Friday morning, February 7, two severe shocks in quick succession were heard and felt; the usual rumbling noise was distinctly heard to precede and accompany both shocks. ''The last shock was by far the most awful in duration and severity of any of the previous ones. People, cattle and fowls, were again greatly alarmed. In the evening, two other shocks were felt.

INFLUENTIAL MEN OF THE COUNTY.

Boone, Kenton, Logan and other brave, strong spirits, such as they, were the men of influence in the earliest days of Western settlement. After the territory had been erected, Clark, St. Clair and Wayne, controlled affairs and brought peace and stability to the Government.

Van Clove, Hamer, Newcom, Cooper, Hole. Gunckel, Edgar, Adams, and Spinning were the leading men in the pioneer settlements and at the time of the organization of Montgomery County; and they were followed in the control of affairs by Col. Robert Patterson, Judge Joseph H. Crane, Aaron Baker, Henry Brown, Jonathan Harshman, Judge James Steele and H. G. Phillips; and in later years, Rev. Thomas Winters, William Huffman, Judge George B. Holt, John W. Van Cleve, John Turner, John Neff, Gen. R. C. Schenck, C. L. Vallandigham, John Harries, William P. Huffman, Maj. W. D. Bickham, Valentine Winters, E. E. Barney and Judge D. A. Haynes.

WAR TIMES.

The thrilling events of the war of 1812 so fully occupied the attention and efforts of the community that it is difficult to separate military movements and affairs of the county from the purely local history of the times. The ex posed positions of Preble, Darke and Miami Counties made Montgomery an asylum for refugees. Prices for all farm products advanced, yet so many of the farmers were called into the army that the bulk of surplus product was greatly reduced. Lands sold very low; good farms up Stillwater were sold as low as $3 per acre; one tract of 6,500 acres, near Dayton; was offered at very low

rates. But, of course, after the war all real estate rapidly advanced in value. Very few improvements were made in the townships: roads were neglected, except the military roads from Franklin to Staunton, through Dayton, the road south, to Lebanon, and the river road, from the foot of Fourth street, Dayton, to Alexandersville. These roads were kept in tolerable repair by the Quartermaster's Department of the army. The County Treasurer's report for that year shows $2,368.82 3/4 collected in tax, and all paid out.