22 - PAST AND PRESENT OF MUSKINGUM COUNTY (RETURN TO THE TITLE PAGE) CHAPTER III. CREATION OF COUNTY. JUDICIARY. ASSOCIATE JUDGES. CLERKS OF THE COURT. PROSECUTING ATTORNEYS. SHERIFFS. PROBATE COURT. COUNTY COMMISSIONERS. COUNTY AUDITORS. COUNTY TREASURES. COUNTY RECORDERS. COUNTY SURVEYORS. COUNTY CORONERS. MUSKINGUM COUNTY. When Ohio became a state of the Union, it was composed of nine counties : Washington, Hamilton, Adams, Jefferson, Ross, Trumbull, Clermont, Fairfield and Belmont, and the first state legislature erected eight more : Butler, Montgomery and Warren from Hamilton ; Greene from portions of Hamilton and Ross ; Franklin from Ross ; Columbiana from Jefferson and Washington ; Gallia from Washington ; and Scioto from Adams At the second session, the House of Representatives, on January 4, 1804, passed a bill creating Livingston county, which the Senate amended to read Muskingum, and as finally adopted, by both houses, January 7, 1804, the bill read as follows : "Section 1. Be it enacted, etc., That so much of the counties of Washington and Fairfield, as comes within the following boundaries, be and the same is hereby erected into a separate and distinct county, which shall be known by the name of Muskingum, to wit : Beginning at the northwest corner of the ninth township, in the ninth range of the United States' military lands, thence with the western boundary line of said range south to the southern boundary line of said military lands, thence with the same west to the western boundary line of the fifteenth range of public lands, thence with the said line south to the southwest. corner of the sixteenth township of the fifteenth range, thence eastwardly to the south boundary of the sixteenth township till it intersects the west boundary of the twelfth range, thence with the sectional lines east to the western boundary line of the seventh range. thence with the same north to the northeast corner of the military tract, thence with the north boundary line of the tenth township in the first and second ranges of said military lands, west until intersected by the Indian boundary line, thence with the same westwardly to the place of beginning. "Section 2. That from and after the first day of March next, said county shall be vested with all the powers, privileges and immunities of a separate and distinct county ; Provided always, that all actions and suits which may he pending on the said first day of March next shall be prosecuted and carried into final judgment and execution, and all taxes, fees, fines and forfeitures which. shall he then clue shall he collected in the same manner as if this act had never passed. "Section 3. That the temporary seat of justice of said county shall he at the town of Zanesville until the permanent seat shall he fixed acording to law. "Section 4. This act shall commence and he in force from and after the first day of March next. ELIAS LANGTIAM, "Speaker of the House of Representatives. "NATHANIEL MASSIE, "Speaker of the Senate." "January 7, 1804." The county, as thus defined, had a length from north to south of about six miles and a width. from east to west, of about fifty-five miles. Whatever opinions may be entertained respecting the savagry, indolence and treachery of the PAST AND PRESENT OF MUSKINGUM COUNTY - 23 American Indian his nomenclature must be conceded to be vastly superior in logic, rhythm and melody to that applied by his white conqueror. Where the civilized man employed arbitrary, accidental or sentimental names for locations, the Indian coined one indicative of the characteristics of the object, and where these have been preserved or retained the language has not suffered by the addition to its vocabulary. Nocitizen of Ohio would consider, for a moment, the exchange of the name of his state for any of the ten classical designations proposed by Jefferson in his ordinance of 1784. Moxahala is more musical than Jonathan's creek, and the Natchez of the former Seventh ward, possesses the same superiority of euphony over the neighboring locality of Millwood ; Muskingum pleases the ear more than Licking, and Tuscarawas and Coshocton are more agreeable in sound. and more appropriate in designation, than the Knox and Holmes which are attached to adjoining counties. Therefore, as these lines are read, the people of Muskingum county should experience a grateful acknowledgment to the Ohio Senate. which amended the act creating the county, by substituting Muskingum, originally pronounced Mooskingdom, an Indian word meaning Elk's Eve, for the name Livingston, however worthy the patriot was of the distinction, as proposed in the original draft as passed by the House. and to which amendment the House promptly acceded. By act of February 13, 1808, Tuscarawas county was cut off, and by act of January 31, 1810, Guernsey county was created from parts of Muskingum and Belmont. By act of January 31, 1810. Coshocton county was formed from Muskingum and Tuscarawas by an act of December 26. 1817, Perry was created from Muskingum, Washington and Fairfield, and December 29, 1817, Morgan county was erected from Muskingum, Guernsey and Washington, but to remain attached to the respective counties until the new county was organized ; this last amputation ended the reduction of the original area of the county, and Muskingum ranks as the eighteenth in seniority among the eighty-eight counties of the state. JUDICIARY. The first judicial system of Ohio grouped several counties into a circuit, with a president judge, elected by the General Assembly, for seven years, and who was required to be a lawyer, hilt three citizens of each county in the circuit, who were not required to be lawyers, were also chosen by the legislature as Associate Judges ; the president judge and two associates, or three associates without the president judge, could hold court, and sessions could be held at the pleasure of the associates. In 1804 there were three circuits, Muskingum county being in the second with Adams, Fairfield, Franklin, Gallia, Ross and Scioto counties. Wyllys Silliman was president judge and April 25 was named by law as the beginning of the first term of the Common Pleas Court in Muskingum county, but the record does not give the date of the first court, the register reading as follows : "At a special court held on the day of — in the year of our Lord one thousand eight hundred and four, at the house of David Harvey, Esquire, in Zanesville, in and for the county of Muskingum, it being the first court held in said county, Present, the Honorable Willis Silliman, Esquire, President ; and Jesse Fulton and David Harvey, Esquire, his Associate Judges of the Court of Common' Pleas of said county. Appointed Abel Lewis, Clerk protein of said court, who gave bond and was sworn into the office aforesaid by the said Honorable Willis Silliman, Esquire, according to law and the constitution of the state of Ohio." The first court was held in David Harveyls tavern, at the southwest corner of Main and Third streets, sessions being subsequently held in a two story log house on the west side of Sixth street, about one hundred feet south of Main street, and owned by James Herron. The earliest known writ was dated June 6. 1804, in a slander suit in which the defendant was charged with having used the words, "You are a thief and I can prove it :" damages were claimed in the sum of $500.00 and verdict was rendered November, 1804, in the sum of $3.00. Judge Silliman had resigned and appeared in the case as counsel for the plaintiff, but on November 20, the same month, sued his late client as attorney for the late defendant, in an action for debt : Lewis Cass defended the suit and at the August term obtained a verdict, and the unfortunate alleged defamer had to pay the costs again. ''The Associate Judge system was abolished by the Constitution of 1851 and much of the business formerly transacted by the Common Pleas Court was transferred to the Probate Court created by the new constitution. COMMON PLEAS JUDGES. Wyllys Silliman, 1804, April term. Levin Belt, 1804, June 6, 1805. Robert F. Slaughter, 1805, March term. Calvin Peas, 1805, August term, and he appears at times until 1808. Samuel Huntington, 1805. William Wilson, 1808. 24 - PAST AND PRESENT OF MUSKINGUM COUNTY Alexander Harper, 1822. Corrington W. Searle, 1836. Richard Stillwell, 1847 to October 17, 1851. Corrington W. Searle, October 17, 1851 to February 9, 1852. Richard Stillwell, 1852 to September 16, 1854. John E. Hanna, September 16, 1854 to October 20, 1854. Charles C. Conyers, October 20, 1854 to October 19, 1855. Corrington W. Searle, October 19, 1855 to October 25, 1856. Lucius P. Marsh, October 25, 1856 to February 9, 1862. Ezra E. Evans, February 9, 1862, to December 1o, 1866. Moses M. Granger, December ro, 1866 to October 9, 1871. Frederick W. Wood, August 13, 1869 to August 3, 1874. William H. Frazier, October 9, 1871 to August 3, 1874. Lucius P. Marsh, August 1874. William H. Frazier, October 10, 1876. William H. Ball, November 23, 1878. George L. Phillips, October 1883, elected. Gilbert D. Munson, November 1893, elected. Alfred A. Frazier, November 1898, elected. ASSOCIATE JUDGES. Associate Judges were permitted to engage in other business, and the three first named in the county do not appear to have been enamored with judicial honors. David Harvey was appointed February 17, 1804, sat in the first court and resigned June 19, 1804. William Wells was appointed February 18, 1804, and resigned on February 25, and never sat in the court. John Campbell was appointed February 20, 1804; and resigned December 4 of that year. The succeeding judges were: March 15, 1804-1815, Jesse Fulton. June 29, 1804-1813, Richard McBride. December 13, 1804-February 7, 1805, Giles Hempsted. 1805, Seth Carhart, declined appointment. 1805-185, William Mitchell. 1813-1820, David Findlay. 185-1818, Stephen C. Smith. 1815-1822, Daniel Stillwell. 1818-1833, Robert Mitchell. 1820-1822, John Reynolds. 1822-1827, Robert McConnell. 1822-1823, David Young. 1823-1830, Thomas Ijams. 1827-1842, Edwin Putnam. 1830-1837, Mathew McElhuneey. 1833-1840, William Blocksom. 1837-1844, James Jeffries. 1840-1847, William Cooper. 1842-1852, Jacob P. Sprmger. 1844-1852, Horatio J. Cox. 1847-1852, William Reed. CLERKS OF THE COURT OF COMMON PLEAS. 1804, Abel Lewis. 1812, John C. Stockton. 1817, David Chambers. 1821, John Peters, protem. 1821, Ezekial T. Cox. 1828, John Wilson, jr. 1834, Ezekial T. Cox. 1841. George W. Manypenny. 1846, Anthony Wilkins. 1852, Charles C. Russell, resigned 1864, John Hoopes. 1867, Gemmill Arthur, resigned 1870. 1870, George W. Blocksom, protem. 1870, Edgar W. Allen. 1873, Frederick W. Geiger. 1879, Howard Aston. 1886, Vincent Cockins. 1892, John A. Green. by change in the law Mr. Green's term was extended from February to August, 1898, and since then the clerk has assumed the office in August. 1898, James B. Carson. 1904, James A. Brown. PROSECUTING ATTORNEYS. 1804-12, Lewis Cass. 1812-18, Samuel Herrick. 1818-20. John C. Stockton. 1820-37, Richard Stillwell. 1837-39, April, Willis Buell. 1839• April to November, Cautious C. Covey. 1839-51, Napoleon A. Guille. 1851-April '53, William H. Ball, resigned. 1853-56, John O'Neill. 1856-October 1861, John C. Hazlett. October 1861-October 1864, John Hayes. October 1864-January 1866, Lyman T. Jackson. January 1866-December 1866, Moses M. Granger. December 1866-January 1868, Albert W. Train. January 1868-November 1872, Milton I. Southard, resigned. November 1872-January 1874, Daniel B. Gary. January 1874-January 1878, Albion J. Andrews. January 1878-January 1880, John R. Stonesipher. January 1880-January 1882, Fenton Bagley. January 1882-January 1888, B. F. Power. PAST AND PRESENT OF MUSKINGUM COUNTY - 25 January 1888-January 1894, Simeon M. Winn. January 1894- January 1900, George K. Browning. January 1900, C. C. Lemert. SHERIFFS. 1804, George Beyer. 1808, Jacob Crooks. 1812 John Reynolds. 1816, Charles Roberts. 1819, James Hampson. 1823, John Burwell. 1827, John Stanton. 1829, Daniel Brush. 1833, Asa R. Cassady. 1837, Zachariah Adams. 1839, Edward Ball. 1843, John Dillon. 1847, Carson Porter. died in office. 1850, Benjamin F. Leslie. 1854, Joseph Richey. 1856 James C. Wolf. 1858. Penrod Bateman. 1860, James C. Wolf, died in office. 1864. John Quigley, coroner and acting sheriff. 1865, Benjamin F. Leslie. 1869, Benson Loyd. 1873. William Ruth. 1877, Orrin Ballou. 1881, William Hunter. 1883, Richard J. Haines. 1887, Russell Bethel. 1880, William H. Bolin. 1893, Charles N. Bainter. 1895, Albert B. Worstall. 1899, James B. Alexander. 1903. Howard E. Elliott. PROBATE COURT. The office of Probate Judge was created with the constitution of 1851. and the incumbents have been : Mahlon Sims, 1852-1858, two terms. William T. Mason, 1858-1864. two terms. R. W. P. Muse, 1864-1870, two terms. Henry L. Korte, 1870-1873, one term. Reuben H. Morgan. 1873-1875. one term, resigned. Henry L. Korte, unexpired term. Henry L. Korte. 1876-1882, two terms. George L. Foley, 1882-1894, four terms. Frank M. Ford. 1894-1900, two terms. J. Andrews, jr., 1900-1903. one term. I. G. Jennings, 1903. COUNTY COMMISSIONERS. The records of the County Commissioners prior to 1807 are imperfect. At the organization of the county, in 1804, the Commissioners were William Montgomery, Joseph F. Munro and Christian Spangler, but it has been impossible to determine the incumbent of this office during 18o5 and 1806, and some subsequent periods are very obscure. Isaac Evans, term expired December, 1807. Robert Speer, term expired December, 1807. William Whitten, term expired December, 1808. William Newell, term expired December, 1809. Jacob Gomber, December 1807-December 1809. Daniel Stillwell, December 1808-December 1811. Thomas Nesbet, December 1809-December 1812. George Reeve, April 1810-December 1810, John Willey, December 1810-April 1814, died. Benjamin Spry, December 1811-September 1814. William H. Moore, December 1812-December 1818. Luke Walpole, April 1814-September 1814. James L. Fleming, December 1814-October 1819. William Hunter, December 1814-November 1817. Simeon Sims, November 1817-November 1820. Thomas Flood, December 1818-November 1820. John Robertson, October 1819-December 1825. Jared Brush, November 1820-December 1824. James Jeffries, March 1821-December 1821. Israel Robinson, December 1821-December 1826. John Handle, December 1824-December 1830. Joseph Springer, December 1825-December 1827. Absolom Roberts. December 1826-December 1829. William Hamilton, December 1827-November 1831. Isaac Helmick, December 1829-November 1831. Israel Robinson, December 1830-November 1839. Samuel McCann, November 1831-November 1834 Lyle Fulton, November 1831-October 1838. John Adams, November 1834-October 1837, died. Samuel McCann, December 1837-October 1838. John Thompson, October 1838-December 1841. Beverly Lemert, December 1838-October 1840. John Goshen, December 1839-December 1845. Robert Boggs, October 1840-December 1843. 26 - PAST AND PRESENT OF MUSKINGUM COUNTY Littleton Moore, December 1841-November 1844 Joshua Bennett December 1843-December 1846 Henry Wheeler, November 1844-December 1847 Mahlon Sims, December 1845-October 1851. Stephen Reeve, December 1846-December 1852. William Johnson, December 1847-November 1850. James Carnes, November 1850-November 1853. Joseph R. Thomas, October 1851 -December 1857. Lewis M. Pierson, December 1852-December 1855. Samuel Clark, November 1853- December 1856. Abel Randall, December 1855-December 1858. Jonathan Swank, December i 856-November 1859. Hugh Madden, December 1857-November 1860. John Baughman, December 1858-December 1861. E. E. Fillmore, November 1859-November 1862. William T. Tanner. November 1860-February 1864. George W. Slater, December 1861 -December 1867. William Pringle, November 1862 - December 1865 E. E. Fillmore, February 1864 - December 1869. J. B Milhous, December 1865 - December 1868. E. L. Lemert, December 1867-December 1870. Robert Silvey, December 1868-December 1871. Austin Berry, December 1869-February 1870. resigned. William Hall, February 1870-December 1874, resigned. Daniel Hatton, January 1871-December 1872. Leonard N. Stump, December 1871-December 1874. John Sims, December 1872-December 1878. Thomas Griffith, December 1874-December 1877. Leonard N. Stump, December 1874-December 1875. William T. Tanner. December 1875-December 1879. Jefferson Van Horne, December 1877-March 1880, resigned. ward Copeland, December 1878-December 1881. John Crooks, December 1879-December 1882. Harvey Darlington, May 1880-November 1880. Robert Lee, November 1880-December 1883. Edward Bethel, December 1884-December 1887. James S. Copeland, December 1882-December 1885. William T. Maher, December 1883-December 1886. James Colvin, December 1885-December 1888. Robert Lee, December 1886-January 1890. Charles W. McCutcheon, December 1887-January 1891. Francis M. Rider, December 1888-September 1895. J. F. Burgess, January 1890-January 1893. S. M. Rutledge, January 1891-January 1894. J. L. Mercer, January 1893-January 1896. A. C. Swope, January 1894-September 1897. Finley M. Fleming, September 1895-September 1901. H. L. Greiner, January 1896-September 1902. F. B. Fell, September 1897-September 1903. J. B. Tanner, September 1901-incumbent. John H. Crooks, September 1902-incumbent. Almon S. Leland, September 1903-incumbent. COUNTY AUDITOR. The appointive office of Clerk to the Board of County Commissioners existed from the erection of the county and was filled by the following citizens : Elijah Beall, creation to December 1808. Benjamin Tupper, December 1808- December 1811. Robert Mitchell, December 1811-June 1812. William Craig, June 1812-September 1814. George Reynolds. September 1814-January 1815. James Perry, February 1815-February 1821. The General Assembly created the office o County Auditor by act of February 8, 1820, to provide a responsible officer for the numerous duties which had attached to the clerk's office, and by succeeding acts of the Legislature the functions have been enlarged and multiplied until now they are extremely complicated and comprehensive. The County Auditors have been : John Burwell, March 1821-October 1823. Resigned to accept sheriffalty. John W. Spry, October 1823-March 1845. Richard I. Peach, March 1845-March 1855. Imri Richards, March 1855-March 1857. Bernard Van Home, March 1857-March 1859. Jesse Atwell, March 1859-March 1861. Gemmill Arthur, March 1861-March 1865. Caleb D. Caldwell, March 1865-September 1871, died. Imri Richards, September 1871-Novembe 1871. PAST AND PRESENT OF MUSKINGUM COUNTY - 27 Andrew P. Stults, November 1871-November 1875. James T. Irvine, November 1875-November 1880. Samuel Oldham, November 1880-November 1883 Andrew A. Patterson, November 1883-September 1887. Julius A. Knight, September 1887-October 1893 James N. Carr, October 1893-October 1894, Grant E. Zimmer, October 1894-October 1896. James L. Starkey, October 1896-March 6, 1902, resigned. George B. Hibbs. March 6, 1902-October 1902. L. E. Brelsford, October 1902. COUNTY TREASURERS. William Montgomery, 1805-June 1807. Joseph F. Munro, June 1807-June 1810. Benjamin Sloan. June 1810 - June 1813. Christian Spangler, October 1813 - June 1818 Samuel Sullivan, J une 1818-October 1819. Thomas Moorehead. October 1819 - June 1827 John Roberts, June 1827-June 1830. John Burwell, Burwell, June 1830-June 1832. John Roberts, June 1832- June 1834. Daniel Brush, June 1834-June 1836. John Roberts. June 1836-June 1838. John Russell, June 1838-June 1844. Benjamin F. Leslie, June 1844-June 1846. Adam Peters, June 1846-June 1850. John Dillon, June 1850-June 1854. Isaac Stiers, Jane 1854-June 1856. Benjamin Adams, June 1856-September 1857, died. John Dillon, September 1857-June 1858. William Lynn. June 1858-September 1862, died. J. B. H. Bratshaw, September 1862-March 1864, John Dillon, March 1864-September 1866. Joseph T. Gorsuch. September 1866-September 1868 John M. Lane, September 1868-September 1872. Robert Silver, September 1872-September 1876. George W. Allen, September 1876-September 1880. Ferdinand C. Dietz, September 1880-September 1884. Daniel G. Willey, September 1884-September 1886. Jesse Atwell, September 1886-September 1888. Daniel G. Willey, September 1888-September 1892. Jesse Frazier, September 1892-September 1896. .john K. Wendell, September 1896-September 1900. James McGlashen, September 1900-September 1902. Watt M. Barnett. September 1902-incumbent. COUNTY RECORDER. Land conveyances in Muskingum county were recorded in Washington county until April 17. 1806, and from that date until 1831 the Recorder was appointed 'by the Court of Common Pleas. was frequently named the Clerk of the Court for the appointment : the appointees were: Abel Lewis, April 17, 1806- February 13, 1810. George Reeve, February 23, 1810 -April 1817. David Chambers, April 1817-November 1820. John Peters, November 1820-November 22. 1821 Ezekial T. Cox. November 22, 1821-October 1831. The statute providing for the election of the Recorder was enacted 1829 but did not affect the terms of the incumbents, and as Mr. Cox's appointment expired before the time for the election he was continued, by the Commissioners, until his successor could be chosen under the statute. The elected Recorders have been : Anthony Wilkins, October 1831-October 1840. William T. McKibben, October 1840-September 1841, died. Imri Richards, September 1841-November 1841. John Hilliard, November 1841-January 1851. Joseph P. Huston, January 1851 - January 1854. Horatio W. Chandler, January 1854-January 1857. George W. Ritze, January 1857-October 1860. died. Ephraim P. Abbott. October 1860-October 1861. John J. Ingalls, October 1861-January 1868. Jesse H. Mitchell, January 1868-January 1871. William H. Cunningham, January 1871-January 1877. David Zimmer, January 1877-September 1889. Ernest Scott, September 1889-September 1895, F. H. King, September 1895-September 1901. F. H. McCarty, September 1901. 28 - PAST AND PRESENT OF MUSKINGUM COUNTY, COUNTY SURVEYORS. 1804-14, Levi Whipple. 1814-17, Charles Roberts. 1817-27, John Roberts. 1827-33, Charles Roberts. 1833-39, William L. Beavers. 1839-45, James Boyle. 1845-54, Joseph Fisher. 1854-57, Joseph J. Hennon. 1857-60, John Smyth. 1860-61, Mark Loudan, resigned. 1861-64, John W. Roberts, resigned. 1864-68, Joseph Fisher. 1868-71, James P. Eagan. 1871-74, Joseph Fisher. 1874-77, James P. Eagan. 1877-80, William Dunn. 1880-82, Frederick Howell. 1883-85, L. W. Doane. 1886-88, Frederick Howell. 1889-91, T. C. Connar. 1892-01, William Dunn. Died. May. 1901. 1901-02, Charles H. Bogman, Dunn’s unexpired term. April 1902. Leander West. Incumbent. CORONERS. 1804-11, Levi -Whipple. 1811-15, Luke Walpole. 1815-17, Charles Roberts. 1817-21, Samuel Thompson. 1821-22, William H. Moore. 1823, Jacob Crooks. I 824-28, Samuel Thompson. 1828-32, Samuel Parker. 1832-34, William Twaddle. 1834738, Samuel Parker. 1838-40, Richard Collum. 1840-43, Samuel Gates. 1843-46, William Flanagan. 1846-48, John W. White. 1848-50, James Cadwell. 1850-52, Eliah Brown. I 852-54, John Quigley. 1854-56, John Bratton. 1856-68, John Quigley. 1868-74, John D. Bonnett. 1874-76, Anderson Evans. 1876-8o, Daniel Smith. 1880-82, Daniel I. Morgan. 1883-84, George W. Griffee. 1885-91, William Ruth. . 1892, Homer C. Waterman. 1893-95, William Ruth. 1896-97, O. M. Wiseman. 1898-99, D. J. Evans. 1900-01, O. I. Corson. 1902, D. J. Mathews.