HISTORY OF PERRY COUNTY - 25 heroism of the pioneers would gradually fade from human view. But wherever this chapter of " The Good Old Days" is preserved and read by the fireside, and in the homes of present and coming generations, the dauntless, toiling pioneer men and women will be cherished and remembered, and the example of their noble deeds and precious sacrifices will not be lost upon the earth. - 4 - 26 - HISTORY OF PERRY COUNTY. CHAPTER V. NATIONALITY AND RACES. The first settlers of Perry county, as a class, were Pennsylvania Germans. They located chiefly in Thorn, Reading, and Hopewell townships. Notwithstanding subsequent modifications, from various causes, the impress of the original type is very perceivable in Thorn, and much of Hopewell and Reading, at the present day. Industry, frugality, and thrift characterize these people and their descendants in an eminent degree. Along with the Pennsylvania Germans, or very soon after them, came other Pennsylvanians of English descent ; also Virginians and Marylanders, who were not German, who settled principally in Reading, Madison, Harrison, Clayton, Pike, Jackson, Saltlick, Mondaycreek, and Bearfield. There were mane exceptions, of course ; but, as a class, these emigrants were light haired, with fair complexions and blue eyes. Some of them also settled in Thorn and Hopewell townships, in near proximity to their good neighbors. the Pennsylvania Germans. A little later, and not long after 1820, came a very considerable influx of people of Irish birth or parentage, who settled in something like colonies or groups, mostly. in Jackson, Reading, Pike, Clayton, Harrison, Monroe, and Monday-creek townships. Previous to this time a considerable number of Scotch Irish, or their descendants, had sought and .obtained homes in various parts of the county. There was also, about this time, and before and after, a considerable sprinkling of English, Scotch, German, and French, direct from the old country. The county also received some population from the New England States, and from New York, Kentucky, and North Carolina. Canada and Nova Scotia also added to its numbers. As a matter of course, many persons came in from adjoining, neighboring, or even distant counties of Ohio, and these and other causes have contributed still further to making the present population of Perry one of mixed nationality and race. From 1840 to 1869 there was no sudden or marked change in the elements of population ; but, soon after the latter date, the coal and iron development began, the mining towns grew with astonishing rapidity, and their inhabitants almost all came from outside the county. The Welsh, a race who had before made no foothold, now came in large numbers, erected churches, bought houses, and became, in every way, a factor in the permanent population. There was also an influx of English, Norwegian, and men of other nationalities of the Caucasian race. There has also come in a colored population, at Rendville and Corning, of nearly one thousand, and probably a majority of them from Meigs county, Ohio, and West Virginia, while others are from widely separated places, and some from distant southern States. The opening of mines at Buckingham and Hemlock, on the west branch of Sunday creek, was signalized by the introduction of a colony direct from Ger- HISTORY OF PERRY COUNTY - 27 many, consisting of about one thousand persons, and embracing about seven hundred active German miners. This large concentrated German element, if it meets with no bad luck, will make its impress on the population of the region, which will be easily perceptible half a century from now. Of course, the building up of the mining towns has brought in many tradesmen, shopkeepers, and merchants, from various cities, towns, and villages, in different States'; and this adds yet further to the mixed and varied character of the people ; and this state of affairs is likely to be increased, rather than diminished, by events that are now clearly foreshadowed. Intermarriages between the different classes of people referred to, except the colored race, have, in some respects, been the rule, rather than the exception ; while, in other cases, the rule has been the other way, though the exceptions have been numerous. The marriages of persons of Irish descent with other races has probably been less frequent than any other mixed marriages, in proportion to numbers ; but the exceptions are very numerous, where persons of this race have married with Germans or English, or their descendants, and sometimes with other races. There is no other county in Ohio, outside of the large cities, that contains such a diversified population as Perry, as regards race, descent, or intermarriage. It is also worthy of note that, in most cases, it is next to impossible in the second or third generation, even of unmixed blood, to distinguish the race to which the youth belong. All races and people assimilate, and, in a little while, instead of speaking the mother tongue or dialect, and having the distinctive habits and customs of clans or factions of Old World origin, they become identitied as an integral part of the great Anglo-Saxon race, which has, apparently, just commenced its influence and work upon the earth. While losing none of the intellect or virtues of the Old World ancestors, their descendants are quick to take in all the benefits and acquirements of better opportunities for self improvement in the American Republic of the New World. This assimilation of diverse nationalities is carried on faster in a rural and town population, like that of Perry county, than it is in large cities, where there is more disposition and better facilities for maintaining class societies and keeping up Old World habits and customs. 28 - HISTORY OF PERRY COUNTY, CHAPTER VI. TRAGEDY AND COMEDY. THE MURDER OF DEARMAND.—The first noted tragedy that occurred in the county, after its organization, was the murder of a Frenchman, by the name of DeArmand, which occurred about one mile northeast of New Lexington, near the Rehoboth road, in 1822. DeArmand was a blacksmith by trade, had a shop in Somerset, and, had also worked in Rehoboth and New Lexington, and was well known to the citizens of those villages. He was a good mechanic, intelligent and of good manners, and was esteemed wherever known. On a Sunday afternoon of the' year named, he was in Rehoboth, called at the Post Office, and received a letter. He at once opened the letter in the presence of several parties, took from it a ten dollar bill which the letter contained, and soon after started on foot for New Lexington. After proceeding some distance walking leisurely, he observed two men coming along the road behind him. They came up with DeArmand a little south of the township line, on the farm of John Colborn. The three men walked along conversing in a friendly manner, when one of the strangers proposed 'to go a short distance from the road into the woods and enjoy a game of cards, to which proposition DeArmand consented. The public road at that time was some rods further east than at present, and the place where the men stopped to play is w0fhin three or four rods of the present line of the road, near the head of a or thirtynd about twenty or,thirty rods from the present residence of Joseph Hammond. After playing .a short time the men demanded the money, which they said they had seen DeArmand take from the letter at the Post Office. DeArmand, quick as thought determined to defend himself and money. He struck one of the men a heavy blow with his cane, which felled him to the ground. The other assailant closed with DeArmand, but he could probably have managed him also, when the one that DeArmand had knocked down with his cane, recovered and came to the assistance of his comrade. Both the strangers had been roughly handled by the plucky, mercurial Frenchman, but they now attacked him furious with knives, he still fighting and struggling for his life. They stabbed and lacerated him in various places, in a most brutal manner. He became unconscious and his assailants left him for dead. He did not know how long he remained insensible, but when he regained consciousness, he could not walk, stand, or halloo loud enough to attract attention, and secure succor ; but during the night he managed to crawl clown the ravine one fourth of a mile to where it intersects the road. Here the next morning he was discovered by Napoleon B. Colborn, a small boy, who was attracted to the spot by the strange waving of the tall grass. DeArmand was weltering in HISTORY OF PERRY COUNTY - 29 his own blood, and nearly dead. He was conveyed as soon as possible to the residence of John Colborn, the nearest house, and medical aid procured. DeArmand rallied to some extent, and his mind was clear enough to tell all about the great misfortune that had befallen him. It was clear that his assailants intended robbery, at least, but the general opinion was that he was in possession of some information, which if disclosed in court would bear hard against parties who had been accused or suspected of certain crimes or misdemeanors. DeArmand lingered for six weeks, but after all that medical skill could do, he passed away, dying as a result of the many fearful wounds he received in that unequal, bloody encounter, in the lonely, silent woods. He was a Catholic, in religion, and Father Dominic Young, then a, young Priest, came and ministered the spiritual consolations of the Church, in his dying hours. Jacob Costigan, now an old citizen of Somerset,. then a, boy in his teens, was present with Father Young on this occasion. It is not known that DeArmand' had any relatives in this country. Far from his native and beloved France, yet in the country of his choice. with only strange hands to smooth his pillow, and receive his dying grasp, he passed into the realms of the unseen and eternal. His mortal remains were interred at St. Joseph's cemetery, sixty years ago. No arrests were made at the time, and the slayers of DeArmand were never apprehended. The two men were seen Sunday afternoon crossing the forebay of Comlys milldam, at New Lexington. One of the men had his head tied up. They did not go through the town, but passed around it near where the Ohio Central road now runs. They were seen by several persons crossing Rush Creek at the mill, but nothing was then known of the murder'. It seems strange now that dews were not followed up, but the country was new, and at that time sparsely populated, and there were no professional. detectives. Whoever the murderers were, they are doubtless dead, and slayers and slain .have alike gone to their final account. THE EXECUTION OF DAVID WORK.- An account of the trial of David Work for the murder of Christopher Hocker, is given in the chapter upon Courts.. David Work was a citizen of Fairfield county and a man of property, residing about two miles west of Lancaster. He was about thirty-six years of age. He had living with him, a boy, Christopher Hocker, aged about fifteen or sixteen years. Work and some of his neighbors did not get along very amicably. Sometime in the spring of 1836, one of his neighbors got out a search warrant for missing property, consisting .of a number of small articles, and they were found upon the premises of Work, who was subsequently arrested for the larceny, and at a preliminary hearing before a magistrate Christopher Hocker was a witness, and his evidence tended to criminate Work. Sometime- after this preliminary trial, the boy, Hocker, was missing. Suspicion was aroused, a search was made, and his dead body was at last found buried in Work's cornfield. Work was charged with the murder, and by. reason of change of venue, was tried, convicted and hung at Somerset, in Perry county. Work was incarcerated in the old jail, on South Columbus St., and there he awaited his trial and afterward the day of execution. Daniel 30 - HISTORY OF PERRY COUNTY. Kishler was Sheriff and had the prisoner in charge about thirty-five days. When the fatal day came, there was an immense assembly of people congregated either to witness the execution or attracted by the military and civic display that was anticipated. Perry county at that time contained several military companies, known as the Somerset Guards, National Guards, New Lexington Guards, Rehoboth Guards, Perry Guards and two companies of calvary. They were all, or nearly all, present, and acted in support of the civil authorities in the execution of the law. Executions were then public, and multitudes were sure to be present on all such occasions. The clashing of sabers, the waving of plumes, the sound of martial music, the various companies all differently uniformed, and the thousands of people, all contributed to a spectacle the equal of which was never seen in the county either before or since. When the fatal hour came Work was, prompt and ready, and he, attended by the civil officers, tiled out of the old jail, his last dreary abode, into a hollow square of military escort. The martial music struck up. and the word "forward march" was given. The gallows had been erected about one-fourth of a mile west of town, on a little knoll situated in a narrow valley, with surroundings very much in the nature of an amphitheater. The distance from the jail to the place of execution was about half a mile. The civic and military escort marched up Columbus street to the eastern Public Square, then down Main to the western Public Square, and on through the western end of town to the appointed place. Work walked all the way, and with military step, kep time to the sound of martial music, in unison with his military escort. Upon reaching the place of execution, the populace was kept back and the gallows surrounded by the military. Work was nerve to the last ; he ascended the gallows stairs with steady step and took his place on the platform. There was little delay, and the trap was soon sprung and the soul of David Work launched into eternity. Many of the vast crowd had turned away before the final scene, and a deep feeling of awe rested upon all who were present. Work had been convicted upon circumstantial evidence alone, though the proofs appeared to be very convincing ; ' and everybody familiar with the case and the evidence brought forth at the final trial, both in Fairfield and Perry, came to the conclusion that the accused was guilty, as charged. Nevertheless, it is not too much to say—after a lapse of nearly tifty years, and the additional light thrown upon the inconclusiveness of circumstantial evidence, on both sides of the Atlantic—that David Work may possibly have been innocent of the murder of Christopher Mocker. In the light of a possible doubt that might exist in the case, there were persons who expected to the last that a reprieve might come, and Work he sent to the penitentiary. It is asserted by old citizens that a brother of the murdered boy—who was unknown to all but a very few, anticipating that a reprieve might come even after the prisoner had left the jail—rode along near the military escort, from the prison to the scaffold, armed and resolved to take summary revenge upon Work, if his execution should be, from any cause, postponed. It does not appear that Work hoped for any reprieve, and, during his last days, it is tolerably certain that he did not. All his HISTORY OF 'PERRY COUNTY - 31 words and actions tended to show that he expected to meet death at the time and manner appointed. Forty-eight hours before the execution, Work, with the hand-cuffs upon his wrists, deliberately wrote a short sketch of his life, and gave his version of the circumstances which led to his arrest, trial and conviction. Without saying so directly, he intimates clearly that there were other persons who, for some cause, might have motives for putting Hocker out of the way, and that, at any rate he (Work) was innocent of the murder, and altogether ignorant of the manner in which the unfortunate boy came to his untimely and violent death. It is but fair to all, living and dead, to conclude this sketch of the execution of David Work, with his own words, as written down forty-eight hours before his death. Accordingly, the closing paragraph of his address or proclamation to the public is here subjoined : "I now wish to inform the public that I have been falsely accused and that I am as innocent of the murder of Christopher Hocker as the child that is unborn. I would not say so if it was not the truth ; so you see the effect of exaggerated minds on an individual that suspicion may be tixed upon ; the imagination is evil, and all his doings are evil ; he will not be allowed credit for anything that ever was done in his life, even though he had never lifted his hand against his fellow in violence, he can, by a cold unfeeling world, and through the power of false evidence be sentenced to death. I myself, expect to be put to death in less than forty-eight hours. My death warrant was read to me on last Saturday week, by the Sheriff, my coffin is made, my shroud is made, the rope is made, the gallows is made that I am to be executed upon ; and I now declare to the public that I am not guilty of the crime of murder. I dety the world to produce a man that can say in truth, that I ever lifted my hand against any individual in violence, and, in particular, I challenge the living friends of all that are dead to produce a single truth, as evidence taxing me with violence on the person or persons of any that are dead. Reports have come to my knowledge that I had murdered my wives, and that I had murdered d peddler, and that I was guilty of misdemeanors almost without number. I will here state that I never saw but one peddler in my house, and his name was Murray ; and that I saw him in the month of May last in Greencastle, ten miles northwest of Lancaster, Ohio. It will be one hundred and forty-tive days on the day of execution that I have lain inside of the walls of a prison, bound hand and foot. I write all that I have wrote, with my hand-cuffs riveted on, nor can I have them taken off until the day of 'execution, when I am to dress myself in my-shroud, and be taken from the jail to the gallows. I am, myself, the first man I ever saw in irons ; my trial was the first I ever had before a jury ; I never have been before this, my trial, brought into a court house, not even as a witness in any case. I here state that a report has come to my knowledge, that some ot my relations have been partners with. me in misdemeanors that have been imagined against me. I say the world is cold and uncharitable. I will state here that I have enjoyed the best of health through all my imprisonment ; my mind has been perfectly calm and collected ; I have not had a single dream ; my sleep is sound and sweet, and refreshing to the body. If I thought I 32 - HISTORY OF PERRY COUNTY. had time I could state something more ; but the hour of my death is just before me, and I must drop the pen. I forgive all those who have injured me, and I thank those who have waited upon me through this my imprisonment. I wish Zebulon Kennard to have twenty dollars for his kindness to me while guarding the jail, when collected. I subscribe myself the unfortunate D. WORK." THE HIPPODROME WAR.—The Hippodrome War, as the disturbance is usually termed, which occurred in Somerset, in September, 1853, was a very serious affair, and for a time threatened far greater dangers. Welch's Hippodrome, a large traveling show, was announced to exhibit in Somerset, Wednesday, September 7th, of the year before mentioned, and came on according to announcement. At this date, and for months previous, work was in progress on the old Scioto and Hocking Valley Railroad. There were at least two hundred laborers engaged upon the "deep cut" at Somerset, and there were many other hands employed upon another section, not far away. Nearly all of these railroad hands were of Irish nationality and quite a number of them had been discharged from other places, and were generally looked upon as dangerous men. The great majority, however, were peaceable and industrious. The Hippodrome had been extensively advertised and puffed, and brought out large crowds of people, day and evening, the weather being very fine. It had been arranged by Fink and Dittoe, the contractors on the cut, that the wives and children of the laborers should attend the show in the daytime, and the men at night. The showmen knew of this state of things, and had their fears for the night entertainment, especially as they had been informed at Thornville, or some other place, that the railroad laborers had planned and determined t0 take possession of the show at night. The strong probability is, that there was no ground for such a report, and it is not believed that the workmen had any such intention, though they were in and about the show in great force at night. This was only natural, under the circumstances. The report, however, made the showmen very suspicious and excited them very much. The direct cause of the affray occurred inside the canvas, not far from the entrance, soon after the commencement ot the Hippodrome performance. A. railroad laborer took out his pipe and began to smoke, which was of course against the rules. Just here there is a discrepancy of statements. It is claimed on one hand, that the pipe was rudely knocked out of the smoker's mouth, who resented, and a tight commenced. It is alleged on the other side that the laborer who was smoking was requested to go out with his pipe, which he declined (king, and then force was used to eject him, which brought on the fight. It is certain that the fight began fifteen or twenty feet inside of the entrance, and that very soon a dozen or more engaged in it. The showmen at first appeared to be getting the worst of the battle ; then the performance stopped, when a number of: men ran swiftly from the neighborhood of 'the dressing room and took part in the combat. The men on both sides all appeared to have clubs or other weapons, and the sound of the knocks HISTORY OF PERRY COUNTY - 33 resounded thick and fast, as clubs struck other clubs or descended upon human heads. There was something of a panic among the throng of people inside the canvass ; women screamed, children cried, and a number crawled out or were dragged out under the canvass, at points remote from the place where the tight was going on. Happily, however, the great majority of persons remained quietly in their seats, otherwise a disaster of great magnitude might have ensued. The showmen soon drove their antagonists outside of the tent, but there the contest continued with increased fury and additional numbers. Iron pins, clubs, stones and beer bottles were the principal weapons used. Near the entrance to the tent stood a wagon loaded with cronk beer, in stone bottles, which were unceremoniously captured by the showmen and effectively used during the remainder of the fight, and it is not improbable that the beer vender's ammunition, pressed into the service, decided the result. It was a fearful scene, and attended by a hideous noise of growling, swearing, infuriated men. The melee did not last fifteen minutes, but seemed an hour. The showmen were victorious and soon their opponents withdrew from the grounds, taking their wounded with them. When quiet once more reigned the performance was renewed and the programme fully presented to an audience still large, though very considerably lessened. A great many persons were bruised, cut and otherwise injured in the tight, but only one fatally. A peaceable laborer by the name of Sullivan, who was in no wise responsible for the melee that resulted in his death, was struck with a beer bottle on the head, which proved to be a mortal wound. Sullivan was a peaceable citizen, respected by his fellow workmen and resident citizens, and his friends state that he was not even at the show grounds, but hurried there as soon as he heard of the trouble, to induce a son to go home, and persuade other friends to do the same. He unfortunately reached the ground in time to be struck by a deadly missile, receiving a mortal hurt. Sullivan was a man of family, and lived in the Old Exchange," on Main street. He was carried home and died a little after midnight. His death was a terrible blow to his immediate family, who could not be comforted, and many of the dead man's companions and fellow laborers threatened dire vengeance, and no doubt resolved upon swift, retribution. They accomplished nothing that night, however, for the showmen had undisputed possession of the streets. If a stray Irishman was found, he was set upon and beaten fearfully. One poor fellow ran down Main street, pursued by five or six showmen, and at almost every step would cry out, " Let me die aisy." He was overtaken on South Columbus street, and dreadfully beaten, though not killed. As a party of showmen were passing the house of the wounded Sullivan, not long before his death, they were fired upon from the second story windows of the building, at close range. The showmen thereupon attacked the house, but failed to gain an entrance and soon retired. This was a memorable and fearful night in the history of Somerset. There was no military, the peace officers were powerless, and the possession of the town was vacillating between two infuriated mobs. The night was very dark, and citizens remained quietly at home and within doors. There was not much sleeping done, and many persons stayed up all night, patiently waiting for whatever might come. - 5 - 34 - HISTORY OF PERRY COUNTY. Day at length dawned, and all felt relieved, but the end of the war was not yet. At a very early hour warrants had been issued by a Justice of the Peace for the arrest of Welch and his company, but they refused to go with the constables to the court house, while a band of Irish railroaders, now armed with guns, had possession of the streets. These armed men had previously attacked and smashed the hippodrome band wagon, which stood in front of the American House, kept by Samuel Gordon, at which house most of the showmen were stopping. " Disarm those rioters," said Welch, " or remove them to a distance, and we will go alone before the magistrate. There were about tifty State ritles in the place, which had been used by a military company then disbanded, and these, by some unknown authority, had been issued to excited railroad laborers, who were to act as special constables or police in assisting to arrest the showmen and taking them before a magistrate. The issuing of the arms to these men, by whatever authority, was very unwise action. Welch and his men would have gone before the magistrate without any force, and that is the way they did go, so many of them as were required. Quite a number of men connected with the hippodrome were permitted to remain, for the time being, in the second story of the hotel. While the preliminaries for the hearing were in progress before the magistrate at the court house, the armed Irishmen had returned to the neighborhood of the hotel. A musician connected with the show stepped out upon the pavement, was tired upon and shot down. Two or three men followed up and beat him with their guns, leaving him for dead. Simultaneously with this proceeding a general attack was made upon the hotel, and hundreds of shot were tired into the hall between the office and parlor. The side lights on either side of the hall door, and the doors, stairs and banisters were riddled with shot. The showmen who were on the second tloor, armed themselves with bricks torn from the hearth and chimney, and also broke up bedsteads for the purpose of supplying themselves with weapons, in what they feared would be an unequal and terrible encounter. Two or three of the most turbulent spirits outside broke into the hall door, and a hand to hand fight ensued ; but the Irishmen were expelled, and one of them very severely punished. In this engagement the showmen captured one gun. The doors were now closed and barricaded. There was a temporary lull, and then another and more furious attempt was made to storm the hotel, and by larger numbers. This was the most fearful moment of the battle. The shooting was incessant, the noise deafening, and it looked as though the rioters would " storm the fort." The treasurer of the hippodrome, who appeared at the head of the stairway, was struck in the side by a bullet and severely wounded. Several citizens, among them Mayor Morris and Gen. Lidey, at this time made strenuous efforts to quell the riot and restore order. Lidey commanded the peace in the name of the State of Ohio, and forcibly disarmed one rioter who was about to shoot into the building. Morris, who was expbstulating with the men who were trying to batter down the door, was struck with a stray shot on the nose, which drew the blood freely. Enraged at the conduct of the rioters, and smarting with his wound, churchman and Methodist as he was, he roared out to the madmen, that if they did not desist, " He would bring out the cannon and blow HISTORY OF PERRY COUNTY - 35 them all to hell." The rioters were finally induced to cease their bombardment of the hotel, but they occupied the streets during the remainder of the day, and refused to disband or give up the guns with which they had been armed. It was thought at the time that the musician was mortally wounded, but after lying several weeks at the hotel, in front of which he was shot and beaten, he was sent to his home in Pennsylvania, and eventually recovered. As a consequence of the preliminary hearing at the court house, nine of the showmen were committed to jail to await a further trial. They were tinally released in some way, and they never had a trial in the Court of Common Pleas. On Thursday morning, J. J. Johnson, Esq., who was then sheriff of the county, after trying in vain to restore order, communicated with the rightful authorities for military aid to quell the riot, whereupon the Zanesville City Guards, under command of Captain Graham and Lieut. Hazlett, by order of the Governor of the State, responded to the call, and arrived at Somerset, seventy-tive or eighty in number, at six P. M. of the same day. When the strains of martial music were heard ascending the hill at the east end of town, the rioters quickly disappeared, and in tive minutes the town was as quiet and orderly as on Sunday. The showmen soon after quietly and peaceably left the place. The civil authorities decided to disarm the men who had been engaged in the riotous proceedings of the day, and the military was made use of for this purpose. The fire-arms were nearly. all found, not in the hands of those who had used them, but secreted in beds, garrets, cellars and all kinds of out of the way places. There was not the slightest attempt at resistance to the military, but there was a general denial of arms being about premises, and apparently. no knowledge of any riot. But they were well known and could not escape in this manner. In the course of a few hours over one hundred men were arrested, taken to the Court House and placed under a guard to await a hearing. The investigation tinally came off in the Court House before .George Morris, Justice of the Peace. T. J. Gallagher, who was then Prosecuting Attorney, assisted by James Sheward, appeared for the State, and Hon. Wm. E. Fink and T. J. Maginnis for the defendants. All were acquitted except two, and they were recognized .to the Court of Common Pleas. None of the cases connected with the "Hippodrome War" ever came to a final trial. The Zanesville Guards remained in town until Saturday morning, when peace having been fully restored, they returned home. .They were very welcome and highly honored guests during their stay and received an ovation at the Court House just before they departed. Many occurrences of .a most ludicrous character took place during the Hippodrome War. Straggling showmen who ventured on the streets Thursday morning, were quickly and mercilessly pursued, and sought retuge in all kinds of hiding places. Five or six showmen retreated to the garret of the Carroll House, where they remained nearly twenty-four hours, their food in the meantime being passed up to them through a trap door, in a clandestine manner. The driver of the Hippodrome band wagon, sought refuge in the house of a citizen on 36 - HISTORY OF PERRY COUNTY. Columbus street, and after remaining several hours, borrowed a suit of female apparel, and left as a "forlorn female" on foot. This gentleman who was then quite young, afterward became a show proprietor of considerable prominence, and years afterwards, visited Somerset with his show. His fair benefactress was gone, but he visited the spot and enjoyed a hearty laugh over the manner of his escape from the seat of war. Another showman concealed himself in a cellar, where he remained three or four days until hunger drove him out, when he was both surprised and gratified to find that peace and order reigned supreme. A well known citizen was wending his way home on the tirst night when he was mistaken by the showmen for an Irishman and only saved himself by taking refuge in a neighbor's house, where he lay concealed until, the next day. The transient guests of the different hotels became panic stricken and departed the town in haste. One man is said to have walked twenty miles before he considered it safe to stop for something to eat. The regular boarders, mostly young men, stood their ground pretty well until sent for to go to various parts of the town to remain over night in households where there were no adult male persons. How much valor, or the contrary, these young men would have shown in case of emergency, the world will never know. It is possible that some of these ludicrous stories may be slightly exaggerated, but it would be a difficult matter to overdraw the actual facts.. The foregoing is intended to be a fair and impartial statement of all the principal difficulties and occurrences connected with the so called "Hippodrome War." The account is collected from various published resources, made at the time and since, and by personal interviews with eye witnesses of the proceedings of that eventful time. THE TUNNEL HILL WAR.—This so-called "War, which looked serious enough at the onset, terminated in comedy and farce. In the summer of 1854, the old Scioto and Hocking Valley Railroad Company broke up. At the time of the failure of the company, a Mr. Taylor, who had the contract at Middletown Tunnel, was working two or three hundred men. When work was suspended all along the line, the laborers at the tunnel were discharged. The contractor, unable to get his pay from the company, could not pay his men, and he was considerably in arrears with them at the time of the discharge. The men became greatly incensed, refused to leave, clamored for their pay and threatened serious violence against Taylor and his bosses. Some of them would fire off guns, threaten to kill, burn buildings and do sundry other deviltry if not paid what was due them. The contractor and bosses became alarmed, and a formal requisition was made upon Sheriff Johnson to come with a sufficient posse to quell the disturbance and prevent the threatened riot. Sheriff Johnson conscripted about fifty men into the service. The "boys" did not fancy the expedition, for they had seen something of the temper of the "wild Irish railroaders," as they called them, during the "Hippodrome War'' of the previous year, and did not care to encounter them. The posse was not a very formidable looking body, for the men comprising it were variously, and the most of them indifferently, armed. They were hastily loaded in wagons, HISTORY OF PERRY COUNTY - 37 expresses, etc., and started for "the seat of war." Upon the arrival of the Sheriff and posse at the tunnel, they were surrounded by quite a large number of excited and exasperated men, but some of the laborers, despairing of getting their pay, and wishing no trouble, had already left. Those who remained hooted, howled, tired off guns, and acted as though they might eat the entire posse who had come to subdue and disperse them. They would have their money, or revenge. The Somerset boys were not scared, but some of them said they were a little nervous in consequence of a light breakfast and a long ride over the rough, stony hills. They remained over night, and a strong guard was placed around the house in which the Sheriff and his chief counselors made their headquarters. A reporter at the time, himself one of the posse, relates some ot the adventures of the night, and tells how the war came to a peaceful termination. Some pickets had been sent out on the Crossenville road, as it was apprehended an attacking party might come from that direction. The night was dark and it was thought the enemy was heard in fence corners. Some of the pickets went forward to make a reconnaissance, when one of them, who was armed with an old musket and bayonet attached, in feeling and punching around, stuck the bayonet into the hind-quarters of an innocent calf, when such loud and plaintive bawls broke out upon the stillness of the night as frightened the army of Middletown out of their wits for the time being, and etfectually subdued the warlike spirit of all, so that when morning came both parties were prepared for a truce. The Sheriff's posse wanted to leave as soon as possible, as they believed the war was over. The desperately excited mob of only the day before came in, one by one, and said if the contractor would buy their pigs and chickens they would make no further demand, bnt go away peaceably, and seek work and wages in some other part of the country. This was the Appomattox, and the details of the capitulation were formally agreed upon satisfactorily to all parties. The Sheriff and posse, all cafe and sound, left for Somerset, and the pool; Irish laborers. true to their promise, with their women and children, gathered up their scanty effects and quietly left the scene of their misfortunes. Thus ended the famous " Tunnel Hill War." Only the blood of an inoffensive calf was shed, and that proved to be as oil poured on the troubled waters. THE KILLING OF JAMES FAGAN.-A most unfortunate difficulty occurred in 1856, in Monroe township, between the families of O'Neill and Fagan. The dispute arose as to who had the right to the possession of a certain field or tract of land. Both parties claimed the right of possession, and both sides were no doubt honest in their belief as to such right. The Fagans, however, took possession, and James Fagan was plowing or about to plow the land in dispute. The O'Neills ordered him and the rest of the family from the premises, but they refused to go. The O'Neill's, then attempted to eject the Fagans by physical force. Both parties became very determined, and eventually guns were used. A shot, fired by one of the O'Neills, struck James Fagan in the region of the heart, and he expired almost instantly. This ended the affray. One of the O'Neills, who it was supposed tired the fatal shot, 38 - HISTORY OF PERRY COUNTY. fled. Patrick O'Neill, the father, was arrested and indicted for the offense, tried in the Court of Common Pleas, found guilty of manslaughter, and sentenced to the State Prison for two years. He died there before his time expired. It is a remarkable fact that two fatal accidents also happened near the spot where James Fagan was killed. A fatality appeared to be connected with the place. THE KILLING OF GEORGE DODDS.—George Dodds was an Englishman by birth, a coal miner by occupation, had been in this country ten years, and for a few years previous to his death, lived in New Straitsville, and boarded for some time with Mr. Raybold, who kept the saloon where ha was killed. Sometimes, in the absence of Mr. Raybold, he tended bar, but drank but little himself. September 2nd, 1876, Dodds, Phillips and several other persons were in the saloon. Dodds was not tending bar that day. Phillips and Dodds appeared sociable and friendly. They drank together, though Dodds had to be strongly urged. After awhile Phillips went into a back roam or cellar connected with the saloon. Raybold made an excuse to go in and see what he was doing there. He was sitting oh the steps, and told Raybold to "Tell Georg& (meaning Dodds) to come in." Dodds started in, but before he was scarcely inside the door, there was a repot of a pistol, and Dodds fell, mortally wounded. Phillips declared the shooting was an accident, and hurried out of a side door, but was arrested and lodged in the calaboose. Dodds was shot in the abdomen on the left side, the ball penetrating the liver. He died the next morning. Phillips was a Welshman by birth, and a blacksmith by trade. He had married an American wife, after coming to this country. He was a man of genteel appearance, and good address, and had a good reputation, except that he was inclined to be a little quarrelsome when drinking. Dodds was an unmarried man, about thirty-eight years of age; sober, industrious and highly respected by those who knew him. The homicide created a great commotion at New Straitsville„ and excited interest everywhere in the county. Phillips acted strangely, in some respects, both before and after the shooting of Dodds. He had been drinking. He was at once arrested, and had a preliminary trial before the Mayor of New Straitsville, and was soon sent, under guard, to the county jail, at New Lexington. The trial, which came on at the January term, 1877, occupied more time, perhaps, than any other case ever heard in the county. The indictment was for murder in the first degree. The witnesses were numerous, and examined at great length. There was much diversity of opinion as to what would be the result of the trial ; some were of the opinion that the defendant would be acquitted, others that the verdict would be for manslaughter, and still others thought they could see the dark Shadow of the gallows as the result. But the verdict was murder in the second degree, and finally, to avoid another trial, the sentence was five years for manslaughter, as stated in the chapter on Courts. The Judge would have granted the prisoner a new trial, and the Prosecuting- Attorney and counsel for defense both agreed that a plea of guilty to manslaughter might be entered, thus saving costs and doing what was believed to be substantial justice. HISTORY OF PERRY COUNTY - 39 THE KILLING OF JACK DAVIS.—The killing of Jack Davis, at Shawnee, occurred January 1st, 1879, under the following circumstances, as disclosed at the trial : It appeared that David A. Davis, a Welshman by birth, and coal miner by occupation, kept a disreputable house. He was a married man, but his wife had, for some cause, gone off and left him. All parties connected with the tragedy had been drinking freely, as it was New Year's Day and nobody at work. After dark, probably about nine o'clock, Jack Davis and other persons visited the house of David A. Davis, and asked to be admitted. They were informed by the inmates that their company was not wanted and told to go away. After some parleying they tried to force the doors of the house, or hammered loudly against them, when David A. Davis snatched up a gun, tired through the window, shooting Jack Davis in the head and killing him instantly. He was also a Welshman, having a wife and one child, and stood comparatively well in the community among those who knew him. His sudden death, under the circumstances, caused intense excitement, and there was, at first, strong talk of lynching David A. Davis, if he could be found ; but he had made his escape. He, however, subsequently came back and gave himself up. He had a preliminary examination and was committed to jail. He was indicted by the grand jury for murder in the tirst degree. The trial was a long and tedious one, and of much interest. The Jury rendered a verdict of Manslaughter, and Judge Wright sentenced the prisoner to the Penitentiary for a term of four years. THE STREET BATTLE IN CHAPEL HILL.—There was on a Sunday, in the year 1879, a sanguinary street fight in Chapel Hill, resulting in the death of Frank Weiner, a young man about twenty years of age, the wounding of John Weiner, his father, and also of several others. Timothy Shaw was apprehended and tried for wounding John Weiner, the jury rendered a verdict of manslaughter, and he was sentenced to the State Prison for one year. It was generally admitted, also, that Shaw gave young Weiner the fatal stab, but there was never any arrest or trial for this offense, and the word was given out, that young Weiner said, after he knew that he was mortally hurt, tnat he was himself to blame, and did not want Shaw prosecuted for stabbing him. At any rate he was never brought to trial on the more serious charge. This fight caused considerable sensation at the time, and was, indeed, an unexpected and most extraordinary occurrence. That the quiet of the Sabbath day, and what, to all outward appearance, was at first a friendly mingling of neighbors and acquaintances, could so suddenly be turned into a scene of strife and blood, was a matter of astonishment to all, and well calculated to produce reflections of the most serious character. THE CORNING WAR.—This is the name by which the mining troubles at Corning and Rendville, in September 1880, are generally known throughout the county and State. Their origin is briefly this : at the time of the outbreak, and for sometime previous, the Ohio Central and other Coal Companies in the Sunday Creek Valley, had adopted and put into operation what was known as the "sliding scale" system of 40 - HISTORY OF PERRY COUNTY. paying for mining coal. The price for mining, according to this system, was represented to he based on the selling price of coal, instead of at a fixed rate per ton. This system of payment was, from the first, looked upon with suspicion by the miners at Shawnee, New Straitsville and Nelsonville, and also by the principal portion of the white miners in the Sunday Creek Valley, though some of them continued working after the system was adopted. Finally they were induced to quit, one by one, until very tew, except colored men, were at work. A large number of colored miners had been gathered up, and set to work, and their numbers were constantly increasing. The colored men were employed chiefly at shaft No. 3, situated near the head of the ravine, at the upper end of Rendville. The white miners of the valley, and also those at Shawnee, Straitsville and Nelsonville, were dissatisfied with the course of affairs, and soon rumors came that the colored men were to be taken out of the shaft by force, and sent out of the valley. The Coal Companies employed armed guards to protect their property, and those who were in their employ. The negroes were armed. Now word came that large numbers of Shawnee, Straitsville and Nelsonville miners were coming over, determined to destroy works and drive the negroes out of the Sunday Creek Valley. The managers of the coal companies were in constant telegraphic communication with the State authorities and alarming reports of the situation were received by the and nd Adjutant General. The principal Military Officers remained up and watchful all one night, and highly exaggerated reports of the condition of things in the Sunday Creek Valley, were given to newspapers and circulated throughout the State and country. Then all was quiet for a few days, both at Columbus and Corning. However, on Saturday about six P. M., T. J. Smith, Captain of Ewing Guards, at New Lexington, received an order from Governor Foster, to assemble his company at once, properly armed and equipped, prepared to go at a moment's warning, to the seat of war at Corning. The long roll was beaten at Armory Hall,. and the Orderly Sergeant, hurried here and there, notifying all the members of the Guards to report at Armory Hall forthwith. They were not long in donning the army blue and reporting. About to P. M, an order came to move, and the company was marched down to the Ohio Central Depot. By the time they arrived there, however, the order was countermanded, and the guards marched back to the Hall. They were not to disperse, but hold themselves in readiness to move at any time. They bunked all night on the tloor at Armory Hall. About ten o'clock the next day, a special train came quietly into town and stopped at Water street crossing, instead of moving on to the depot. It was soon known that the train had come for the Guards, for there was hurrying to and fro, and soon the company, tifty in number, to the sound of martial music, was marching down Water street. There was not much jollity, for all knew that there might be serious work before them. When Captain Smith and his company arrived at Rendville, the streets of this place and Corning were filled with ten or twelve hundred excited men. The Ewing Guards were placed on duty at Shaft No. 3, where the negroes were quartered. The company was divided into three detachments. About twenty were stationed, under command of HISTORY OF PERRY COUNTY - 41 Capt. Smith, at the mouth of the ravine, and about fifteen men under command of Lieutenant Holmes were placed up in the woods, nearly a fourth of a mile to the south. The remainder of the company were on duty about the shaft, or in the woods north of the ravine, to support a number of armed employes of the Coal Company. Many dissatisfied miners came steadily up the valley road, and pressed around the works, claiming that they came on a peaceful errand, and were there for the purpose of adjusting the price of mining. A line was marked at a certain distance in front of the barricade and Captain Smith told the advancing crowd not to cross it, or he would order his men to tire upon them. They came up to the line, several hundred strong, with a flag in the hands of a leader. Just at this time, which was between sunset and dark, three or four hundred of the dissatisfied miners were observed to move from the direction of Corning, through a tield into the woods which was held by the detachment under Lieut. Holmes. They hurried swiftly across the field, and were soon lost to sight in the woods. A brief parley was held between Lieutenant Holmes and the man who appeared to be leader of the advancing column, which now opened tire and continued to come on. Lieut. Holmes now ordered his men to fire, which they at once obeyed. His men were well armed, and continued to fire in quick succession. The attacking column now turned and fled precipitately. At the sound of the tiring up in the woods, those who were pressing in front of the barricade, at the mouth of the ravine, also fled in great haste, the leader even dropping the flag which he was carrying. The contest was over. Two or three of the men in front of Lieut. Holmes' detachment were wounded rather seriously, and probably tifteen or twenty others slightly. It is understood that the leader who headed the advancing column in the woods, asserts that the. tirst stray shots to which Holjnes' command responded, weren of only without, but against, orders. There was a rumor for many days, that one man was killed outright, and his body taken away, secreted and buried. This is not probable, however, for there seems to be no adequate reason for such a course of action. The brief skirmish herein recited, practically closed the "Corning War,” though the Military were retained two or three weeks. Three companies of the Fourteenth Ohio National Guards, from Columbus, under command of Col. Freeman, had been ordered down and were on the way to Corning, when the Ewing Guards had the skirmish, which has been described. Col. Freeman's command was hurried on with extra speed, but the battle was over when they reached their destination. The Ewing Guards remained in camp one week, and were then relieved, the Columbus troops remaining. These were finally relieved by troops from other places, and then the military were altogether withdrawn. The military encampment, as seen at night, in the narrow valley, with sentinels pacing to and fro, and the bayonets gleaming in the moonlight, was a striking miniature representation of a nation at war, and one that is not desirable to see. The Ewing Guards were reluctant to be called into such service, so near home, against neighbors and friends, and many of them, in some - 6 - 42 - HISTORY OF PERRY COUNTY. degree, at least, sympathized with the course of the dissatisfied miners ; but they readily comprehended the fact that they were part of the State and county police, and under obligation to obey orders, at whatever hazard. The result was that the Military and Civil authorities were sustained, and the colored miners and their employes remained unmolested. It is worthy of note, however, that the ".Sliding Scale" system of prices, which was the apparent cause of all the trouble, was not long after abandoned. 42 - HISTORY OF PERRY COUNTY. CHAPTER VII. COURTS, COUNTY OFFICERS, PUBLIC BUILDINGS, ETC. COURTS.—The act creating the county of Perry became a law in December, 1817, and the tirst Court of Common Pleas for the county convened at the house of John Fink in Somerset, April 26, 1818. This court consisted of Hon. Wm. Wilson, President, and C. C. Hood, David Beckwith and John McMullen, Associate Judges. The Judges, Chief and Associate, were elected by the legislature until the adoption of the new constitution in 1851, and of course this bench had been chosen in this manner. Judge Wilson resided at Newark, Licking county. History and tradition represent him as no great lawyer, but a man loving justice and dispensing it to the best of his ability. Hood, Beckwith and McMullen were well known citizens of the county at that time, but not members of the legal profession. The judges organized by appointing John Beckwith Clerk. Thomas Slaughter of Lancaster, was appointed Prosecuting Attorney. There was probably no resident lawyer in the county at that time. On the first Monday of April, 1818, an election for a number of county officers had been held, and Leonard Ream was elected Sheriff. He appeared and opened court with the " Hear ye Hear ye ! " that has been handed down for many generations. This term of the court appears to have been held for the purpose of hearing the report of the commissioners who had been appointed to fix the place for the seat of justice for the new county of Perry. Said commissioners made their report as follows : " We, the commissioners appointed, etc., having been duly sworn, and having satisfactorily explored and examined said county, have selected the eastern public square in the town of Somerset, as the most eligible place for the permanent seat of justice, and we do accordingly report that the seat of justice shall be fixed at that place." The Court of Common Pleas convened again in July, 1818, the bench the same as before, excepting that George Trout appears in the place of David Beckwith as one of the associate judges. Beckwith had died, and the County Commissioners had probably filled the vacancy by the appointment of Trout. The first business at this term, with the exception of receiving the report of the locating commissioners, was an application by Jacob Dittoe for an order vacating the town of Hanover, the first platted town within what is now the county limits. Hanover was laid out in 1804, fourteen years before the creation of Perry county. It was in Fairfield county and situated about four miles west of where Somerset was afterward located. The petition of Mr. Dittoe was granted, and an order made, vacating and making null and void the plat of the town of Hanover. The second trial was for fighting. James Bullion was indicted and tried for assaulting Samuel Swinehart. The indictment among other' allegations solemnly avers that at the time of said assault, " The body of Samuel Swinehart was in the peace of God 44 - HISTORY OF PERRY COUNTY. and the State of Ohio." Bullion was tined one dollar and costs, amounting to ten dollars and ninety-nine cents. The following is the grand jury that indicted Bullion, and the tirst grand jury of the county : Joseph Beard, Joseph Shaffer. Jacob Beard, William Fate, Jacob Jackson, Robert Colborn, William Keith, Thomas Carroll, Samuel Ream, Jacob Mechling, Caleb North, Owen Elder. Philip Crist, James Collins, Smith Goodwin, James Ritchey. The following is the first petit jury of the county, and the one which tried Bullion, the first prisoner at the bar before a Perry count' court : Peter Cool, Amos Roberts, Jacob Long, Win. Dusenbury, Evan Kelsey, John Wilson. James Henthorn. John Murray, John Lidey, Tuba Taylor, Joseph Ferguson, George Richards. At this term of court it also appears that at the instance of David J. Walters, Henry Warner and Wm. P. Darst had been arrested by the Sheriff and held for a debt claimed by Walters to the amount of $200. It does not appear that the defendants had been imprisoned; but they were doubtless in the custody of the sheriff. The case was tried,- and Walters obtained a judgment . of $8o on debt, $3.34 damages, and $3.33 costs of suit. The court records indicate that this trial was the source of future trouble between the parties, and other litigation. The first session closed with a slander suit. It appears that two women had a quarrel, and as a consequence had related some disgraceful things concerning each other, and one of the husbands brings suit for character. The judgment in this case is, that the " Defendant receive of the plaintiff the sum of $21.81. costs of suit, and that the plaintiff in mercy, etc." This is a curious verdict, and scarcely intelligible at the present day. The wickedness charged was alleged to have occurred in one of the ancient towns of the county, which afterward assumed a different name. It is in the hearing of this slander case that attorneys first appear on the record. Beecher and Ewing for the plaintiff, and Sherman and Orton for the defendant. The early times seem to have been tolerably rough, for much of the court proceedings are concerning tights and matters of a kindred character. William Wilson served as President Judge from 1818 until 1820; and was succeeded by John A. McDonald. Little is now known of him, though he held court in Perry for about three years. Alexander Harper, of Muskingum county, succeeded him in 1823. Judge Harper resided in Zanesville, and was a well known, upright man and lawyer. He served two or three terms in Congress. He presided in the courts of Perry county about ten years. Judge Grimke succeeded him in 1834. Grimke resided in Chillicothe, but not much else appears to be known of him. It has been stated, however, that he was one of the most learned of all the judges. He was succeeded in 1836 by John H. Keith, who served until 1840 or 1841. He was an able and popular judge. After leaving the bench, he practiced law successfully at Chillicothe, more than twenty years. He died only a few years since. Keith was succeeded by C. W. Searle of Zanesville, who served until 1847. Searle is highly spoken of as a judge and as a man. He died several years ago. Judge Stillwell, also of Zanesville. succeeded Searle, and served until 1851. Stillwell had his peculiarities, but lie was an able, conscientious and upright judge: was succeeded by Henry C. Whitman of Lancaster. Whitman was first elected by the legislature, HISTORY OF PERRY COUNTY - 45 as all former judges had been ; but upon the adoption of the new constitution in 1851, providing for the election of the judges by the people, he became a candidate, and was elected in October of that year, for a term of five years. He was re-elected in 1856, and again in 1861 ; the last time without opposition. He resigned shortly after his last election, and went to Cincinnati to practice law, where he still lives. Whitman was remarkably quick in the dispatch of all public business, and was popular.with the people. He served ten years and was succeeded by Philemon 13. Ewing, also of Lancaster, who was appointed by Gov. Tod to fill the vacancy. Ewing served until the next general election, when lie was succeeded by Philadelph Van Trump, who had been elected ill October, 1862. Ewing gave very general satisfaction as a judge. Van Trump served for four years, and then resigned to run for Congress, to which body lie was elected in 1866, 1868 and 187o. Van Trump was an able and painstaking lawyer and judge, .and had the confidence of the people and of the bar. He died a few years since. Van Trump was succeeded by James R. Groghan of Logan, who was appointed by Gov. Cox to fill the vacancy. He held only one term of court in Perry county. Groghan had abilities of a high order, both general and legal, but his term of judge was too brief to fairly test or develop his capacity on the bench. Groghan was succeeded by Silas H. Wright of Logan, who had been duly elected in October, 1866. Judge Wright was reelected in 1871, 1876 and 1881, and is still upon the bench, with nearly five years yet to serve. His long service and repeated endorsements by the people, are the testimonials to his uprightness as a Judge, and his worth as a man. At the session of the legislature for 1878-79, a law was passed creating an additional judge for this judicial district, whereupon at the October election in 1879, J. S. Freisner of Logan, was duly elected to said office for the constitutional term of five years. Judge Freisner is a young man (one 6f the youngest judges in the State), but he appears to have the requisite qualifications, and up to the present time is fully meeting the expectations of the people and the bar. The judicial work of the district is now divided, and sometimes Wright, and at other times Freisner, holds the Common Pleas Courts of Perry county. The most important trial ever held in the county, was that of the State of Ohio vs. David Work, indicted for the murder of Christopher Hocker. The alleged .crime was committed in Fairtield county, of which Work was a citizen, and he was indicted by a Grand Jury, in the Fairfield Court of Common Pleas. On motion of the defendant's counsel, Stanbery, Reber and Orton, the court ordered a change of venue to Perry county, for the alleged reason that the prisoner, under the condition of public excitement, could not receive an impartial trial in Fairfield. So the trial came on in Perry county, Judge Keith on the bench. The crime alleged was committed in April 1836, and the trial came on at the September term following. The jury impanelled to try the case consisted of the following named persons : Michael Dittoe, Peter Bugh, James Gorden, Samuel Parkinson, John Reed, Andrew Walker, David Cap, Wright, James A. Clark, Joseph Good, Moses Goodin, Peter Bowman. The trial occupied about two days, and the jury, after deliberation, brought in a verdict of Murder in the First Degree. On the 16th of September, Judge Keith sentenced him 46 - HISTORY OF PERRY COUNTY. to be hanged on the 14th of October following, which sentence was duly carried into execution by Daniel Kishler, who was then Sheriff of the county. The evidence against Work was wholly circumstantial, but no one appeared to doubt his guilt, though he asserted his innocence to the last, and carefully wrote a manifesto to that effect, only forty-eight hours previous to his execution: Another murder trial was that of the State of Ohio, vs. John Phillips, charged with killing John Dodds, at New Straitsville. This trial was heard at the January term,, 1877, and occupied ,about one week. Dodds was killed in the back room of -a saloon, with none but the two present. Phillips admitted the killing, but claimed that it was acciden tal. Many witnesses were examined, and long arguments were made by counsel. The jury, after considerable deliberation, brought in a verdict of Murder in the Second Degree. A new - trial was about to be granted, when it was agreed that the defendant should plead guilty to Manslaughter, which he accordingly did, and was sentenced to the Penitentiary for five years. Yet another murder trial, was that of the State of Ohio, vs. David Davis, indicted for the murder of John A. Davis, at Shawnee, Jan. 1st, 1879. The trial was heard at the May term of the same year, and occupied several days. The defendant admitted the killing, but claimed justitication on the ground that John. A. Davis was, at the time of the fatal shot, forcibly attempting to enter the house of the Defendant. 'The jury returned a verdict of Manslaughter, and the prisoner was sentenced to the state prison for four years. The execution of David Work was the only one that ever took place in the county, and he and his victim were both residents of Fairfield county, and the crime was also committed there. The litigation in Perry was very much the same from 1830 to 1870, but soon after the latter date, the civil and criminal business both began to increase to such a degree that an additional judge was soon thought of, and eventually secured, as before stated. The Associate Judges were elected by the. Legislature, and the first three—C. C. Hood, David Beckwith, and John McMullen—have been named ; also, George Trout, successor of David Beckwith, deceased, Their successors were in the order named : Ernest Richman, Thomas Davis, Thomas King, Wm. McClure, James Wilson, John Lidey, Charles Campbell, John McGinley, N. H. Taylor, John Heck, Patrick McDonald, Joseph G. Wiseman and George Kishler. The three last named sat at the June term in 1851, which was the last appearance of the Associate Judges. Those Judges usually held what was called Orphan Court, in the absence of the President Judge. The new Constitution turned over all this business to the Probate Court. The Probate Court was organized as soon as practicable after the election in October, 1851. Wm. M. Brown was, at said election, duly .elected Probate Judge for Perry county, when he became qualified, and the papers and records pertaining to the administration of his office were turned over to him by the clerk of the Court of Common Pleas. Mr. Brown was Probate Judge three years, and was then succeeded by Robert F. Hickman, who was elected in October, 1854. In 1857, Robert F.. Hickman and Wm. M. Brown were candidates and their vote HISTORY OF PERRY COUNTY - 47 was a tie. They cast lots, as the law directed, Hickman won and was sworn in for the second term. Brown contested on the ground of illegal votes, and the-Court of Common Pleas, Judge Whitman presiding, declared Brown. the legally elected Probate Judge, and he accordingly took possession of the office. There were a dumber of votes, on both sides, which the Court of Common Pleas pronounced illegal, but a majority of them were for Hickman, which, of course, under the circumstances, elected Brown. In 1860, Robert F. Hickman was again elected, and also in 1863. Hickman was succeeded by Robert E. Huston, who was elected in 1866, and re-elected in 1869. Huston was succeeded by James E. Finck, who was elected in 1872, and re-elected in 1875. Finck was succeeded by John H. Kelley, who was elected in 1878. Judge Kelley died in the last year of his term, and his son, Frank A. Kelley, was appointed by Governor Foster to fill the vacancy. In October, 1881, Frank A. Kelley was elected for a full term, and also to fill the unexpired portion of the vacancy.. COUNTY OFFICERS.-Leonard Ream was the first Sheriff of the county. He was elected in April, 1818, and re-elected again in the fall for the next two succeeding years. In 182o, Jonathan Babb was elected on a popular vote over twenty other candidates. Babb's entire vote was 251. In 1822, Babb was re-elected. In 1824 and 1826 Henry Filler ; in 1828 and 183o, Benjamin Ream ; in 1832 and 1834, Daniel Kishler ; in 1836 and 1838, James Culbertson ; in 184o and 1842, David Foy ; in 1844 and 1846, Jesse Worley ; in 1848, James Hewitt ; in 185o and 1852, Jacob J. Johnson ; in 1854 and 1856, Nathaniel Skinner ; in 1858 and 1860, Jacob J. Johnson ; in 1862 and 1864, Henry B. McLaughlin ; in 1866 and 1868, Thomas Breen : in 1870 and 1872, Noah Karr in 1874 and 1876, James Porter ; in 1878, Henry Martin ; in 1880, Michael A. Crosbie. John Beckwith was the first Clerk of the Court, appointed by the Bench ; his appointment dates July, 1818. He served until 1828, when W. P. Darst was appointed. He served until 1832, when John Beckwith was again appointed. John W. Davis was appointed in 1839, serving until 1845, when he was succeeded by James Culbertson. In May, 1848, Judge Stillwell found the records behind, discontinued Culbertson, and appointed Wm. E. Finck. Finck served but a short time and was succeeded by John Beckwith. Beckwith was subsequently elected in October, 1851, in accordance with the provisions of the new Constitution, which made the office of Clerk elective, and re-elected in 1854. Ovid Spencer was elected in 1857, and re-elected in 1860 and 1863. Spencer died a few months before his term expired, and Wesley C. Hickman was appointed to fill the vacancy. Peter Duffy was elected in 1866, and re-elected in 1869 and 1872. John H. Marlow was elected in 1875, and was re-elected in 1878. John A. McGonagle was elected in 1881. For the first few years the Clerk of the Commissioners was County Auditor, and was appointed by the Commissioners. Roswell Mills was appointed as such Clerk at the first meeting of the Commissioners in May, 1818, and served in that position until January, 1821. From this time until March 4th, 1822, the record of the Commissioners is not 48 - HISTORY OF PERRY COUNTY. signed or attested by any Clerk, and appears to be. in the hand writing of various persons, one of whom was John Murray. Edward Adams was elected Auditor in October, 1821, and presented his bond and was qualified at the March term of 1822. Adams died after a few months, and in November, 1822, the Commissioners appointed John Lidev to fill the vacancy. John Lidey was elected Auditor in 1823, and also in 1824. Lidey resigned in October, 1826, and Jonathan Babb was appointed to fill the vacancy. Babb appears to have served by appointment and election until January, 1829, when John Lidey presented his certificate of election and was again qualified as Auditor. Jonathan Babb was again elected in 1830 and re-elected in 1832. Stephen Barnes was elected in 1834, and re-elected in 1836 and 1838. William Ross was elected in 1840 and re-elected in 1842, 1844 and 1846. Robert M. Brown was elected in 1848 and re-elected in 185o. William Meloy was elected in 1852 and re-elected in 1854. John Weimer was elected in 1856 and re-elected in 1858. Archibald M. Huston was elected in 1860. Theodore Ogle was elected in 1862, and, re-elected in 1864. George W. Binkley was elected in 1866 and re-elected. in 1868, and the term was extended by legislative enactment until 1871. Edward T. Rissler was elected in 1871 and re-elected in 1873. A. F. Stinchcomb was elected in 1875 and died in August 1878. E. T. Rissler was appointed to till the vacancy. Orrin Thacker was elected in 1878 and re-elected in, 1881 and is the present incumbent. The early Treasurers are difficult to trace, complete records not being. available. James Patterson a merchant, was appointed Treasurer soon after the county was organized, and was re-appointed every year until June, 1827, when he was succeeded by Jacob Catterlin,'also by appointment. Henry Filler was elected to the office in 1829, 1831 and 1833, and was succeeded by Thomas Ritchey in 1835, who was also re-elected in 1837 and 1839. Joseph Ramsey was elected in 1841 but died in office, and Thomas Ritchey was appointed to till the unexpired term. In 1843, Wm. M. Brown was elected and served three terms. James Culbertson was elected in 1849. and served one term. George Redmond was elected in 1851, but resigned before the expiration of his term, and Michael D. Forquer was appointed to fill the vacancy. George Williams was elected in 1853 and re-elected in 1855. M. D. Forquer was elected in 1857 and re-elected in 1859. Forquer resigned before the close of this term, and the vacancy was tilled by the appointment of Wm. Meloy. C. T. Brush was elected in 1861. George Pherson was elected in 1863. C. T. Brush was again elected in 1865 and re-elected in 1867. Jacob J. Johnson was elected in 1869 and re-elected in 1871. John B. Overmyer was elected in 1873, and re-elected in 1875. Noah Karr was elected in 1877. Wm. I. Shriver was elected in 1879, and 're-elected in 1881, and is the present occupant of the office. The Prosecuting Attorneys were at tirst appointed by the Court. An attorney by the name of Slaughter, residing at Lancaster, was appointed Prosecutor at the June session, 1818. Various attorneys were appointed from time to time, to conduct the criminal prosecutions, until the offIce was made elective by legislative enactment. Jeremiah Lovell was elected Prosecuting Attorney in 1833, and re-elected in 1835, 1837, HISTORY OF PERRY COUNTY - 49 and 1839. Thomas J. Maginnis was elected in 1841 and re-elected in 1843 ; L. M. Closs, in 1845 ; William Spencer, in ,1847 ; John H. O'Neill, 1849 ; Thomas J. Gallagher, 1851 ; Jacob Costigan, 1853 ; L. V. Muzzy, 1855 ; Reuben Butler, 1857 ; L. J. Jackson, 1859 ; Jacob Costigan, in 1861 and 1863 ; Reuben Butler, 1865 ; Henry Sheeran, in 1867, I869, and 1871 ; Joseph G. Huffman, in 1873, 1875, and 1877 ; James F. Conly, in 1879 and 1881, and he is the present incumbent. From 1818 until 1827 there was a Lister appointed or elected for each township, and these officers were the forerunners of the present Township Assessors. The Legislature of 1826-27 provided for the election of County Assessors, and in the fall of 1827 George Kishler was elected Assessor for Perry, and re-elected in 1829 ; William Dempsey was elected in 1831 ; Jacob Petty, in 1833 ; Moses Riley, in 1835 ; Henry Sherlock, in 1837 ; Robert Green, in 1839 ; Henry Sherlock, in 1842, who continued to hold the office until it was abolished by legislative enactment in 1845. The first Surveyors were by appointment of the County. Commissioners, and for temporary purposes. Roswell Mills appears to have been the principal Surveyor of the early days. James Brown was elected County Surveyor in 1832 and re-elected in 1835 ; H. M. Davis was elected in 1838 ; Miles Green was elected in 1841 and re-elected in 1844 James Brown was elected in 1847 and re-elected in. 1850 ; Peter McMullen was elected in 1853 Samuel Curran, in 1855 ; Thomas D. Spare, in 1858, 1861, 1864, 1867, and 1870 ; P. H. Binckley, in 1871 ; and Samuel McCourtney, in 1874 and 1877; Frank J. Aid, in 1880, and he is the present incumbent. The County Coroners are as follows : 1819-20, John Trout ; 1821, Henry Darst ; 1822, Nicholas Dennis ; 1823, Felix Cull ; 1825, Samuel Swinehart ; 1826, John Goodin ; 1828, Andy Arndt ; 1830-32-34, John Heck ; 1836-38, Eli Montgomery ; 1842, Jacob Thomas ; 1844, J. R. Vanhorn ; 1846-48-50, Jacob Thomas ; 1852, Thomas Breen ; 1854-56, Henry Zartman ; 1858, Henry Wilson ; 1860, Colwell Rinehart ; 1862, Henry Wilson ; 1864, Colwell Rinehart : 1866-68, Daniel. Emerick ; 1870-72, George Kockensparger ; 1874-76-78, James Price ; 1880, John Sullivan. The County Commissioners, the most important body in the organization of the county, date back, of course, to the very beginning. The tirst election was held for Commissioners in April, 1818, and Joel Strawn, Peter Bugh, and Thomas Wilson, were chosen. The board met on the second day of May following and held one session at the house of John Wilson. They met again, June 1st, at the house of John Finck, which continued to be their place of meeting until the erection of a public building. In October of the same year (1818) another election for Commissioners was held, resulting in the election of Thomas Wilson, Peter Bugh, and Joel Strawn. In 18I9 Adam Binkley and Thomas Nesbit were elected. Adam Binkley was elected in 1820. There appears to have been no election in 1821. Subsequent elections were as follows : 1822, George Brunner ; 1823, Smith Goodin ; 1824, Thomas Wilson ; 1825, John Hammond and George Bowman ; 1826, Thomas Nesbit ; 1827, Thomas Nesbit, three years ; Robert McClung, two years ; John - 7 -