Adams County, Ohio - Chapter 9: The Early Courts, 1900

The first court held in Adams County convened at Manchester, Tuesday, September 12, 1797. It was the Court of General Quarter Sessions of the Peace. This court was created under a law adopted from the statutes of Pennsylvania, by Governor St. Clair and Territorial Judges Parsons and Varnum, at Marietta, August 23, 1788. The law provided that the Justices of the Peace commissioned in each county by the Governor, should constitute this court, and that any three of them should be a quorum. Some one of the acting judges was designated Presiding Justice. The court held four general sessions in each year, and had jurisdiction of misdemeanors and crimes where the punishment did not extend to life or limb, or imprisonment for a longer period than one year. One or more of the Judges could hear and determine petit crimes and misdemeanors where the penalty was fine only and not exceeding three dollars; and in higher offenses could bind over to the "Court in Course." When an offense was committed in presence of a Judge he could fine without examination of witnesses. Corporal punishment, even for minor offenses, was the usual penalty. One of the early statutes of the Territory was "An act directing the building and establishment of a court house,county jail, pillory, whipping post and stocks in every county." Each jail was to have two apartments, one for debtors and one for persons charged with crime.

It is not known in what building this first court in the county was held. It may have been held in the public house then kept by an Irishman named John McGate, or "Megitt," as the Clerk of the Court spelled the name ; or in the old blockhouse at the stockade which was then standing ; or possibly at the house of Nathaniel Massie, the most prominent character in the town and county at that day, and who was greatly interested in locating the county seat at Manchester. However, after the Clerk, George Gordon, had read the commissions of the Judges present, the Sheriff, David Edie, opened court with the usual proclamation, "O, yes! a court is now opened for the administration of even-handed justice to the poor and the rich," etc., etc. ; and the first Court of General Quarter Ses- 6a (81) sions of the Peace, for Adams County, was convened and ready to hear pleas and to determine causes, and to transact such matters of business as might properly come before the court.

The Court, as then constituted, consisted of the following Judges: Nathaniel Massie, John Beasley, John Belli, Thomas Worthington, Hugh Cochran, Benjamin Goodin, Thomas Scott, Thomas Kirker, and Joseph Kerr.

Job Denning was Court Cr>'er, and Andrew EUison had been appointed Coroner, an office next in rank to SheriflF, the Coroner performing the duties of the Sheriff on certain occasions, and succeeding to the office at the death of the Sheriff while in office.

Nathaniei* Massie, the Presiding Justice of this first court, was the founder of the town of Manchester in 1790. His influence with Governor St. Clair, with whom he was, at this time, in great esteem, had been such as to secure the erection of Adams County as a civil division of the Territory. He founded the town of Chillicotbe in 1796, and four years later succeeded in having it made the capital of "The Territory Northwest of the river Ohio." In 1807 he was a candidate for Governor of Ohio but was defeated by a small majority by Return J. Mdgs. Massie contested the election, and was declared by tihe Legislature the duly elected Governor. He refused, from his fine sense of honor, to accept the office, and Thomas Kirker, President of the Senate, became the Governor. He was a Presidential Elector in 1804 and cast his ballot for Thomas JeflFerson.

Thomas Kirker, of Irish ancestry, was among the early settlers in Adams County. He was a man of fine presence, but of limited talents. He was popular with his associates, and a firm friend of Nathaniel Massie. He was one of that coterie of Democrats that brought about the political overthrow of Governor St. Clair in the Territory. He was fond of public office, even filling in interims when a member of the Legislature, as road reviewer, foreman of a grand jury, or as a special court commissioner. He was commissioned by St. Clair, a Justice of the Peace at the organization of Adams County, through the influence of his friend, Nathaniel Massie, and as such became a Judge of the Court of Quarter Sessions. He was a member, along with Darlinton and Donalson, of the first Constitutional Convention. He served many years in the Legislature, both Senate and House, and became the second Governor of Ohio in 1807, acting as such for the term, upon the refusal of Nathaniel Massie to accept the office after his successful contest for it against Return J. Meigs. Governor Kirker, while not a brilliant man, played strong parts in the early history of the county and State. His fidelity to friends and duty seems to have been his chief characteristic. He appears always to have been present to perform his official duties. The early biographers and historians of Ohio were Federalists, and the -'Virginia Democrats/' as the adherents of Jefferson were termed, were not accredited with the notice they deserved, and hence it is, that a builder of a State, like Nathaniel Massie, is sset down as a "surveyor and land jobber." And so it is that the second Governor of Ohio, has not a line of notice in such standard works as "Howe's Historical Collections/' while an otherwise obscure lawyer somewhere in "Cheesedom" has

Worthington was a Virginian by birth and came to Chillicothe the year of its founding, 1796. He was a brother-in-law of Edward TifRn, the first Governor of Ohio, He was an ardent Democrat oi the Jefferson school, and as such became an intimate friend of Nathaniel Massie, who introduced him to Governor St. Clair, and secured for him official recognition. When the rupture came between Massie and the Democrats on the one side, and St. Clair and his Federalist adherents on the other, over the question of statehood of Ohio, Worthington was selected as the representative of the Democrats to look after their cause at the seat of the Federal Government, first at Philadelphia and afterwards at Washington, and he succeeded so well as to bring about the founding of the new State of Ohio, and the crushing defeat of St. Clair and his adherents. He became a member of the first Constitutional Convention, and upon the admission of the State was made a United States Senator. He . was twice elected Governor, serving from 1814 to 1818. All his measures were noted for their practical worth and honesty. No man did more than he during his lifetime to develop the State and to advance the general welfare of its people. He was one of the most distinguished pioneers of Ohio.

John Belli was a native of Holland and came to the United States after the close of the Revolution. He stood in favor with President Washington and in 1793 was made Deputy Quartermaster General in Wayne's Legion in the campaign against the Indians in the Northwest Territory. He came to Adams County in 1796 and purchased a large tract of land at the mouth of Turkey Creek, about six miles below Portsmouth, where he resided when appointed a Justice of the Court of Quarter Sessions for Adams County in 1797. He was a man of much learning and very influential in Masonic circles. He was the first and only Recorder of Adams County under the Territorial Government. He took an active part in the early history of the county, being a man of broad intelligence and of great influence.

Thomas Scott came from Kentucky to Chillicothe the latter part of the year 1796. He was Secretary of the first Constitutional Convention, and Clerk of the Senate from 1803 to 1809. Was a Judge of the Supreme Court from 1809 to 181 5. He was painstaking in the preparation of his decisions and ranks well as a jurist. During his active public life he held his charge as a local Methodist preacher. He was something of a partisan in politics and was associated with the Democratic party until about 1840 when he became a Whig.

* In the Records of the Oourt of Quarter Sessions, appears the name Thomas Wttherington or Wetherlnffton. But after careful research and investigation the writer is convinced that it is only a mis-spellinff of the name of Thomas Worthington, the friend and associate of Nathaniel MaasEle. The clerk of that oourt spelled proper names as an Irishman or "raw" Englishman would pronounce them; thus, "Kerker." "Ledum." "Oyler," "Bazlie," and "Duncan McCarter." for Ktriier, Leedom. Byler. Beasley, and Duncan Mc Arthur. Massie sat at only three sessions of this oourt. the flrst. and the June and September sessions of 1706. Worthington was present at the flr^ two of these. Then Ross Oounty was organized from the northern portion of Adams, August 20, 1806, and his name does not appear again In the record.

to Ross G>unty about the year 1800. He served in the State Senate from 1804 to 1807, 2ind was the only member of "The High Court of Impeachment" in the trial of Judge William W. Irwin, of Fairfield County, charged with "high misdemeanor and ne^ect of duties," who from first to last voted in the negative. He was Speaker pro tem of the session of 1804-5. He afteniv-ards served one term in the House of Representatives from Ross County.

John Beasley, bom in Virginia, came to the vicinity of Limestone, Kentucky, in 1788. He was a surveyor under Massie, and a scout and Indian fighter of great celebrity in the pioneer days about Limestone and the Three Islands. He was a man of much natural talent, and was Presiding Justice of the Court of Quarter Sessions for many terms of that court. He was chosen the first State Senator from Adams County under the old Constitution, but his seat was successfully contested by Joseph Darlinton. This is perhaps explained by the statement that Beasley was a Federalist in politics. He was a brother of Benjamin Beasley and -Nathaniel Beasley, prominent characters in the early history of Adams County. John Bfeasley's remains lie buried in an unmarked *grave near the public school building in Manchester.

"The court met agreeable to adjournment," and the first matter before the court was a petition for a recommendation to the Governor to grant Samuel Stoops a tavern license, which was granted. Following the granting of the petition of Stoops, is this quaint and interesting entry :

"William McMillen and Jacob Burnett, Esquires, were admitted and qualified as counsellors and attorneys." William McMillan became a prominent member of the bar in Ohio, was the Territorial Delegate to Congress, following William Henry Harrison, afterwards President of the United States, and was ser\'ing as a member from Hamilton County of the first Territorial Legislature at the time when he was made a Territorial Delegate to Congress.

Jacob Burnett, better known as Judge Burnett, was at this time about twenty-seven years of age, and had just graduated from Princeton and came to the Territory to practice law. He rapidly rose in his profession and was Judge of the Supreme Court of Ohio from 1821 to 1828 when he resigned to accept the position of United States Senator. He was a Federalist and in after years, a Whig in politics. He was an able lawyer, but not "the author of the first Constitution of Ohio," as his

*The true patriot cannot stay the blush of shame that will flash his cheeks at mentton of the fact as alletred that the burial place of Judge Beasley is today pointed out to the Tisltor to thl historic 'Three Islands" as being near the superstructure over the vaults on the publio 80boo« f rounds. If not the public spirited citizens of Manchester, thmt the"Plone«r 8ooletj**of Adanas County should remove the ashes of the old pioneer to a publio cemetery and erect a suitable monument to his memory.

admiring biographers have declared. Ht was brought into early prominence more through the influence of Governor St. Clair than from natural or acquired abilities.

McMillan and Burnett were residents of Cincinnati but with other members of the bar in those days attended the courts in the other counties of the Territory. There were no public roads over which wheeled vehicles could be moved for public conveyance, and all travel was afoot or on horseback, except along some of the larger water courses where canoes or pirc^^es were used. At this time Zane's Trace had just been blazed through the forest from Wheeling to Limestone via Chillicothe, and Bouquet's, Dunmore's, Harmar's, Logan's, Tod's, and Wayne's war roads had been cut through the wilderness. These with some old Indian trails were the pathways throughout the Territory to guide the prospector and immigrant from the Ohio to the scattered settlements in the interior. The judges and attorneys in those days made the circuit of the courts on horseback accompanied with servants and pack horses. On these journeys, they were sometimes eight or ten days in the wilderness, and as there were no bridges over the streams, "they were compelled, at all seasons of the year, to swim every water course in their way which was too deep to be forded."

The first matter taken up by the court at the afternoon session of this day, was the division of the county into townships, and the appointment of Supervisors and Constables in the subdivisions of the county, all of which matter and proceedings will be found under another chapter in this volume.

After forming and organizing the townships of the county, the court next took up the matter of petitions for public roads, (which matter is also fully noticed under another chapter herein) and then it was that the recently admitted attorneys, McMillan and Burnett got their first retainers, and began a proceeding before the court that occupied its attention for many terms. Joseph Darlinton, who had recently come to the vicinity of Manchester, had established a ferry across the Ohio, near the mouth of Cabin Creek, in opposition to James Lawson who operated a ferry at that point.. Lawson had cut out a road from his ferry to Manchester, and in order to get benefit of the drift of travel, Darlinton conceived the idea of changing the road so as to bring it past his landing. So he employed Burnett to draft a proper petition and get favorable action on it by the court then in session, which was done accordingly, as the following record discloses : *'On the petition of Joseph Darlinton the court grants the prayer of the petition on the following terms ; that the said petitioner do not increase the distance of the present road by his alteration in its direction more than forty or fifty poles and that the said petitioner open and keep in repair the part of the road that shall be turned from its present direction for the term of three years." But then as now courts were subject to change of opinion, and McMillan on behalf of his client, Lawson, sought to have the order of the court modified and was successful notwithstanding the protests of attorney Burnett.

The next morning McMillan, who had in the meantime taken a few nips of "Old Monongahela" with the court and entertained its members with pleasing anecdotes to the disgust of the sallow and sedate Burnett, succeeded in getting the following entered as a matter of record : "Motion by William McMillan in behalf of James Lawson to supersede the order made yesterday in behalf of Joseph Darlinton. Motion granted, and ordered that Hosea Moore, Andrew Ellison, and William Leedom be appointed to examine and report to next court the most eligible plan for the road to nm from the place where it first strikes Joseph Darlinton's land to Lawson's Ferr>', having reference to the injury it may do to private property, at the cost of Joseph Darlinton."

This matter was contested before each session of the court until the September term, 1798, when Darlinton having succeeded in getting a majority of the resident freeholders in the vicinity of the proposed im- OTovement to subscribe his petition, viz: R. Roundsavell, I. I>onalson, T. Massie, J. Collins, J. Megitt (McGate), L. Hawkins, J. Barritt, J. Davidson, John Ellison, J. Beam, Jun., D. Exlie, and John Thomas, the court ordered the following entry to be made: "The report of Hosea Moore, Andrew Ellison, and William Leedom on the order for a road from where the road strikes Darlinton's land to Lawson's Ferry be received, and David Edie. Israel Donalson and John Ellison to survey and make a return agreeable to report."

The historv of this case discloses some facts for the consideration of the present generation. It shows that our pioneer fathers had spirited contests for supremacy in affairs of trade, even invoking the aid of the courts in such matters. We learn from it that wily lawyers dallied with the courts and that "even-handed justice," in those "good old times," was very deliberate in adjusting the scale. And it discloses the traits of character that made Burnett the renowned jurist that he later became - ^fidelity to clients even in trifling causes, persevering energy, studious and temperate habits. Judge Burnett notes the fact that in 1796 there were nine practicing attorneys in Cincinnati, all but two of whom became confirmed drunkards, and descended to premature graves. At this session of the court the following order was made with reference to fees of justices and constables:

The time of the court was largely consumed at this sitting in considering petitions for roads, and in appointing reviewers and surveyors for those granted. After appointing supervisors for portions of Zane's road, the court adjourned on the evening of the second day of the session until "Courts in Course."

In the meantime the county seat contest was going merrily on between Massie and the Manchester contingent on the one hand, and the settlers up the river in the region from the mouth of Brush Creek to the Scioto valley on the other. Winthrop Sargent, Secretary of the Territory assigned to hold the next term of court, a majority of Justices in favor of the "up river" contestants, and the village of Adamsville, an "out of the way" place where the town of Rome now stands, was designated as the seat of justice for the county. There was a small log court house, a log jail, and a few log dwellings at the point, but the accommodations for the court, lawyers, and attendants, were so poor that the place was called in derision by the opponents of the site, "Scantville." The courts were held here until the December session 1798. At the close of the September session of that year the record states that "the Court adjourn until Court in Course to meet at Washington agreeable to Ordinance." The story of the removal to Adamsville as told by the record is: "The Court of General Quarter Sessions met at Adamsville in the county of Adams agreeable to charter, on the second Tuesday (12th of December, 1797. Present: John Beasley, John Belli and Benjamin Goodin, Esquires."

It will be noticed that Nathaniel Massie, Thomas Worthington, Thomas Scott, Joseph Kerr, Hugh Cochran, and Thomas Kirker were not members of this court. It has been stated that these members of the court met at Manchester to transact business this term, but the record does not disclose anything with reference to any such transaction.

Francis Taylor was admitted to practice as an attorney before this court, after taking "the oath prescribed by the statutes of this Territory." Jacob Burnett was present, and on his motion, "the reviewers in the case of Darlinton against Lawson have until next term to make their report."

At the March session, 1798, the court consisted of John Belli, John Beaftley, Benjamin Goodin, Thomas Kirker, Nathaniel Ellis, Hugh Cochran and John Russell. After the convening of the court the following grand jurors appeared and were sworn and charged:

On the second day of this session of the court, March 14, 1798, James Scott, Henry Massie and Joseph Darlinton were appointed Commissioners for the county. The Township Assessors, Overseers of the Poor, Supervisors of Roads, Viewers of Indosures, and Constables were also appointed at this session of the court.

The opponents of St. Clair sat at this court, and were present for the purpose of securing aid in their contest to secure the location of the county seat at Manchester.

The grand jurors impaneled and sworn were: Thomas Massie, James Lawson, George Edging^on. Benjamin Massie. John Chennowith, John McDonald, John Ellison, John Hessler, William Stockham, Nathaniel Collins, Duncan McKenzie, Moses Raird, James Morrison, Nathaniel Washburn and Thomas Burkett.

On the second dav of the session, immediately after opening of the court, the matter of location of the seat of justice in the county was brought before the court, and after some delay the following entry was made in the record : "Ordered that the court will receive by gift or other- wise a piece of g^und proper whereon to erect public buildings." It is probable that Massie and his friends had what is known as a "cut and dried" arrangement with the court in this proceeding, as it is their first participation in the affairs of the court since the removal of the county seat from Manchester. Those opposing Massie were divided in their choice of a site for the future capital of the county, as the following record clearly discloses: "Whereupon the following offers were made: Fifty acres at the mouth of Turkey Creek, by John Belli ; one acre in the town of Manchester by Nathaniel Massie ; one acre in the town of Adamsville by John S. WiUes; two acres near the mouth of Brush Creek by Noble Grimes; one acre in the town of Adamsburgh (Killinstown) by James Collins, as proper places."

The discussion of the above propositions pro and con, occupied the time of the court the entire day, but when the decision of the court was finally rendered it was "ordered that the public grounds in Manchester be received;" whereupon the court adjourned, Massie and his friends having triumphed in the contest.

"Territory of the United States Northwest of the river Ohio, Adams County. The Court of General Quarter Sessions met agreeable to adjournment at Adamsville, September it, 1798.

This was the last session of this court at which Nathaniel Massie sat as a justice. Ross County had been erected by proclamation of the Governor August 20th, and if Massie had not removed from Buckeye Station to Chillicothe prior to the convening of this court, he did so very soon thereafter. About this date, also, the opposition to Massie in his efforts to fix the seat of justice at Manchester, succeeded in having the order of the court removing the county seat from Adamsville to Manchester, revoked : and the town of Washington laid out by Noble Grimes, at the mouth of Brush Creek, was made the seat of justice for the county.

The grand jurors for this session of the court were: Thomas Aerls, Jonathan Boyd, Cornelius Williams, Joseph Lovejoy, John Mc- Cutchen, David Lovejoy, William McClelland, William Markland, Zephaniah Wade, Hector Murphy, Joseph Evler, James Collins, Daniel Robins, James Andrews, William Baker, Zedick Markland.

"Be it remembered that at a Court of General Quarter Sessions held for the county of Adams, in the town of Adamsville, in the Territory of the United States Northwest of the river Ohio, before Nathaniel Massie, John Beasley, John Billie and Thomas Kirker, Esquires, Justices assigned to hold Court of General Quarter Sessions, etc., on the twelfth day of September, 1798, the plaintiff brought hereinto court their certain bill in these words, to-wit :

"Territory of the United States Northwest of the river Ohio, Adams County, to- wit : The grand inquest in and for the county aforesaid, on their oaths present that Isaac Stout on or about the thirteenth day of March in the year of our Lord one thousand seven hundred and ninety-eight, ^ and within the county aforesaid, did for the sake of lucre and gain, vend and retail a less quantity than two gallons of a certain fomented liquor commonly called cider, not being licensed or qualified agreeable to law, for retailing and vending. And vending the same to the evil example of all others in like way offending, and against the form of the Act of the Territory aforesaid in such case lately adopted, etc. William McMillan for Arthur St. Clair, Jun., Attorney General.

"Unto said bill the defendant pleads *gtiilty.' It is therefore considered by the court that the plaintiff recover against said defendant one cent damage and costs taxed to dollars."

At this session of the court, the first trial jury was summoned to sit in judgment in the case of the United States v. William Osbum charged with the larceny of a hog, the property of John Lindsey.

This jury was composed of Daniel Collins, Archibald Morrison, Obediah Stout, James Williams, Daniel Bailes, John White, David Bradford, George Edwards, John Worley, William Dunbar, Joseph Collier, and John Hamilton, "who being elected, tried, and sworn the truth to speak upon issue joined do say that the defendant did not feloniously steal, take and convey away a hog as in manner and form as the bill against him hath alleged, and do find he is not guilty."

On December ii, 1798, the court met to hold its first session in the new town of Washington. The Judges present were: John Bellie, Moses Baird, Noble Grimes, David Bradford, and John Russell, Esquires. The sheriff was not present at this session and no grand jury being returned the court adjourned on the T2th without having transacted any business other than gfranting an application for a recommendation to the Governor to grant John Hessler a tavern license. He was the father of old Mike Hessler, who kept a famous inn at Piketon in antebellum days, and whose testimony is quoted in the trial of Edward Hughes for treason, noticed in this volume.

The March 'session was held at Washington with John Beasley, John Bellie, Moses Baird, Noble Grimes, David Bradford, Thomas Kirker, and John Russell, present.

The grand jury at this term was composed of the following named persons: David Edie, Joseph Collier, Joseph Washburn, Nathaniel Washburn. Hardin Crouch, John Briggs, William McClaren, Allen Simeral, John Crawford, Alexander Smith, Henry Edwards, Conrad Hofman, William McGarrv, Richard Davis, and Joseph Lucas.

The court appointed George Gordon and James Edison commissioners for the county. The time of the court was taken up in. the appointments of road supervisors and in hearing and granting petitions for new roads.

The g^nd jury was composed of John Ellison, Phillip Lewis, John Leitch, Robert Foster, John Bryan, John Clark, David Decamp, Peter Rankin, Zephaniah Wade, John Reed, John Cook, John Vastine, James Brown, James Hemphill, William Wade, Alexander Varner, and James McGovney.

John Reed, one of the grand jurors, charged that "Noble Grimes, gentleman, felonously and forcibly took from the court house at Adamsville, a quantity of plank, the property of the county/' and the grand jury thereupon indicted Grimes, who was at that time sitting as a member of the court. He was taken into custody by John Barritt, sheriff, and recognized to appear at the December term. At that term the record states that Grimes appeared "under the custody of John Barritt, Esquire, sheriff of the county aforesaid, whereupon Robert Slaughter, Esquire, deputy for the Attorney General, who prosecutes for the United States, in this behalf enters a nolle prosequi and the said Noble Grimes goes without day."

At this sitting of the grand jury a great many indictments or "presentments" were returned to the court against divers persons, mostly for assault and battery, selling whiskey in quantities less than one quart, and for larceny of hogs and horses. These animals ran at large in the forests, and sometimes would wander many miles from the residence of their owners. Frequently it is noted in the early commissioners' journals, of estrays from settlements on the Miami River, having been taken up in the valley of Ohio Brush Creek. Sometimes the owner never appeared to claim these estrays. And often it would be months before they would be recovered. This led to a great deal of trouble and annoyance, in case a horse had been held as an estray for a great while, and afterwards disposed of without complying with the provisions of the law in such cases, when the person found in possession would often be charged with horse stealinsf. The following curious "presentment" is an instance of such charge :

"The Jurors of the Territory of the United States Northwest of the river Ohio, for the body of Adams County upon their oath present that William Keith and Zedock Markland, yeomen, on the first day of June in the year of our Lord one thousand, seven hundred and ninety-eight, at the county aforesaid, with force and arms to-wit: with swords and staves and knives, one mare of the goods and chattels of a certain person to the jurors aforesaid then and still unknown, then and there found, and being feloniously stole, took and led away against the peace, government, and dignity of the United States and this their Territory."

At this term of the court attachments were issued for Alexander Smith, George Edgington, John McGitt. Peter Mo\\Ty, Nathan Rodgers, Adam Pennywitt, Phillip Roush, Henry Edwards, Jacob Beam, Thomas Lewis, Isaac Wamsley, and Anthony Franklin for "contempt

The September session of the court was held in the town of Washington beginning the tenth day of the month, with John Bdlie, Moses Baird, Noble Grimes, Thomas Kirker, Joseph Kerr, John Russell, and Nathan Ellis on the bench.

Rebecca Earl was put under a peace bond for six months, with Judge Ellis as surety. And John Evans was cited for contempt for not surveying, as per order of the Court, the road leading to the Sinking Spring. Thomas Aerl, prosecuting witness.

John Evans and Rachel Evans were before the grand jury to testify against Rebecca Earl for harboring John Irwin charged with horsestealing. And "the court direct William McCord to be paid three dollars and thirty-six cents for six days' attendance as a witness from Kentucky against John Irwin^ a criminal."

On the last day of this session, "Nathaniel Massie's Mike" appeared in court to claim his freedom." "The court ordered him, Mike, home and stay until next court, to be confronted by his master." (See Negro Slavery, Fugitive Slave Law, and Underground Railroad.)

At this term of court, John Reed, who had charged that Justice Grimes had "feloniously taken plank from the court house in Adamsville to the value of five dollars," was tried for an assat|lt on Justice Russell, and mulcted to the amount of ten dollars and costs ; the imposition of which penalty was perhaps something like solace to members of the court.

Stephen Davison, Thomas Ryan, and James Ryan under indictment for letting John Irwin, charged with horse stealing, escape from the jail in Washington, were tried by a jury and acquitted of the charge.

Noble Grimes was allowed by the court the sum of fifty dollars for house room, firewood, etc., for use of the court for five terms and referred to County Commissioners for a final settlement.

So far, the members of this court, the names of g^rand jurors, and other characters connected with the administration of the court have been given in order to preserve for the future historian the prominent characters in the affairs of the county prior to the year 1800. The other justices who sat as members of this court following that year until the adoption of the first constitution, were Joseph Moore, Samuel Wright,

Mills Stephenson, after whom Fort Stephenson, the place of Colonel Croghan's heroism, was namedj Kimber Barton, John Gutridge, and Joseph Van Meter. Some other matters of curious historical value to the student of our early customs and laws, are here given from the records of this court.

There is an entry made at the March term, 1801, stating that "The clerk presented the account of William Jennings to the court for making the county seals for the Court of Common Pleas, the Court of General Quarter Sessions of the Peace, and for The Orphan's Court, and press with a screw for the same, amounting to twenty-five dollars, which sum was allowed by the Court, and the Clerk ordered to certify the same to the Commissioners."

John Stephenson was appointed in 1800 the keeper of the "stray pen," and was usually allowed two dollars a quarter for "his services therein."

At the June sessions, 1800, "The Court allowed Samuel Pettit three shillings and six pence per pannel for getting, hauling, and putting up twenty-four panel of post and railing for a stray pen in Adams County."

In November, 1800. Mary Ailes, of Mason County, Kentucky, appeared before Justice Grimes at Washington and stated that she had been robbed at her home the August previous, relating a most wonderful story in connection therewith, whereupon the Justice prepared an affidavit, or as called "the deposition of Mary Ailes" in the language following, barring the heading, etc. : "That H. and she believes W. came to her house *one hour before cock crow* and 'pushed the door down and they both came in and asked if there was not a horse thief there and one met her at the room door and told her to surrender one thousand dollars ; and it appeared to her he had a pistol in his hand and a club and ordered her to open a chest which she did not,but he made the Negro boy give him the key and he opened the chest and searched it and threw out the clothes and there was some monev in the chest which she believes he took ; and further the deponent saith he went into the room and searched a trunk and threw the clothes out and took up a gun that stood in a corner and took the flint out and spit in the pan and the man that --.tood guard at the door told the man that searched to bring the gun along and he told him she was good for nothing. And further the deponent saith that the man that searched the house told the man at the door to guard the window. And the man that guarded the door pointed his gun at a Negro boy and a white boy that was at the fire and told them if they would stir he would blow their brains out. And further this deponent saith not."

The said H. and W. were duly arrested and gave bond in the sum of $200 each for their appearance at next term of court. And Mary Ailes who could neither read nor write, was put under bond in like amount for her appearance to prosecute the action. But at the convening of the court in December this entrv was ordered made: "The Court are of the opinion and direct that H. and W. be sent to Kentucky there to appear before a prefer tribunal for trial." And "Jacob Frizell take H. and W. and convey them to the first magistrate or any magistrate in Mason County, Kentucky, which is accordingly done."

It is quite probable that the deponent was mistaken in her identity of the persons accused, as they each were respectable citizens of Adams County, and lived there many years thereafter esteemed by all who knew them.

Another remarkable "deposition" deemed worthy of preservation here, is that of Adam Highbarger made before Justice Kirker in January, 1802: "Adam Highbarger made oath that I was present at Pee Pee when John Lyons spoke to Major John Mannon and asked him if he would take a bag of salt down the river for Major Beasley for him ; and Major Mannon agreed to do it ; and ]ohn Lyons asked me if I would go along round with him, to-wit, the said Mannon, which I did; and when we came to Manchester, Major Mannon told me to take it out of the boat, to-wit, the said Lyons' salt, which I did and asked Mr. Massie for leave to put the bag of salt in his boat, and he said I might, and I put it in his boat ; and the next morning I went to Major Beasley's for a horse and got one, and came to the boat and asked Starling to assist me in putting the bag on the horse, and he refused and said he would not assist me nor touch it. And 1 think I asked Mr. Massie if I might leave the bag in the boat until I would go and tell Mr. Lyons, and he said I might and I left a pack-saddle with it."

The said Starling was indicted at the March term, and tried bv a jury composed of John Wa<ihbum, Phillip Lewis, Joseph Barton, Cornelius LaflFerty, Daniel Collier, William Wade, James Nicholson, John Bryan, James Reed, Uriah Barton, Alexander Smith, and found guilty, and sentenced to pay John Lyons eight dollars and thirty-four cents, and to be fined a like sum to the county, and pay the cost of prosecution. "And if he does not pay the fine, is to receive twenty stripes on his bare back well laid on, and is to be sold by the sheriff for the sum to be paid to John Lyons, and cost of suit, etc. Whereupon the sheriff IS commanded that he take the said William Starling to satisfv costs, etc."

Under the Territorial laws a great many offenses and crimes were punishable in whole or in part by whipping, on the bare back of the offender, with a rawhide, or the "cat o' nine-tails." The spirit of these laws was handed down under our first constitution and incorporated in our statute of crimes ; many offenses being punishable in part by whipping. The sentence of the courts in such cases was carried out by the sheriff who laid on the number of stripes while the offender stood with naked body and up-stretched arms tied to the public whipping post.

Arson, burglary, forgery, and perjury were punished in part by laying on the naked back not exceeding thirty-nine stripes. Larceny to amount of one dollar and a half, punishment public whipping not exceeding fifteen lashes. Robbery punished with fifty-nine stripes. Horse stealing fifty-nine stripes first offense and one hundred for second and subsequent offenses. Children or servants for disobedience might receive ten stripes.

, The whipping post at Washington was a small buckeye tree that stood in the southeast corner of the jail bounds near the bank of Brush Creek. Many a poor fellow has bared his back to the lash tied with up-stretched arms to that emblematic species of Ohio's forest trees. In the many cases examined in the records of the courts of Adams County the writer has failed to fine a single instance of a woman's having received punishment in this manner. But the poor and ignorant class of male whites found guilty of petty offenses, and the offending blacks of the county, were punished under "Grimes' Buckeye" with from five to fifty stripes according to the magnitude of the offense and the humor of the Court.

A typical case is that of William McGinnis charged with stealing a hunting shirt, a petticoat, two blankets and a part of a pair of stockings from John Guthrey, who upon being arraigned before the Court, plead guilty and "put himself on the mercy of the Court," and was sentenced to receive "ten stripes on his bare back well laid on, and bound out to service for the fees of prosecution."

It is said that a small poplar tree that stood near where the Christian Union Church is situated was utilized as the whipping post in the early days of West Union. The records disclose the fact that the lash and poplar tree were frequently resorted to under the decree of the courts.

There is a case of a Negro receiving five stripes for the theft of a pair of shoes worth $1.25 from Abraham Burkett. And a white boy was given eight stripes for stealing a knife worth a shilling.

At the August term. Common Pleas, 1809, Jacob Coffman, who had been indicted for larceny, plead guilty, and he was sentenced to pay Nathan Reeves $52.62^ ; Stokes Anderson $30 ; a fine of $50 ; to receive fifteen stripes on his naked bare back; to be imprisoned one month and stand committed until sentence of the court was performed. Reeves and Anderson each remitted their fines, the property having been restored by Coffman.

In 1812, George, a black man, was convicted of stealing a horse from Mr. Watson, of Sprigg Township, and was sentenced by the Court to be whipped fifty stripes on his naked bare back, to pay a fine of $500 for the use of the countv of Adams, to pay the costs of prosecution and to stand committed until sentence of the Court was complied with. Afterwards the Board of County Commissioners, as then empowered by law, remitted the fine as George's imprisonment was burdensome to the taxpayers, he having no property from which the fine could be collected, on the conditions that the cost of prosecution be paid or secured to be paid. This would indicate that some one took George to service for a term in consideration of the payment of the costs of his prosecution.

In the last year of the Territorial Government, Robert Elliott and Reuben Frazier, residents of the virinit}' of the old Indian crossing of / Ohio Brush Creek (Tod's Crossing), who had been on bad terms for troubles, resorted to the Court of Quarter Sessions for a settlement of their differences. One Hugh Montgomery was a principal witness against Frazier who sought to impeach Montgomery's testimony before the court by the following proceeding, made a part trf the record in -the case:

"November 21, 1801. Whereas application hath been made by Reuben Frazer unto us the subscribers for the character of a certain Hugh Montgomery, whether we think that he ought to have the privilege of an oath, and it is our unanimous opinion that he ought not to have in any case, for he has been the disturber of the peace of our neighborhood by lying so that there was not a night's lodging for him. He also would not work and there is the strongest reason to believe that he shot Mr. Chapman's ox. We think that he is not capable of swearing.

"This is to certify that we, the subscribers, have known Reuben Frazer these several years, and he has lived on our plantations and has always maintained a fair and unblemished character in every respect, as witnessed by us.

Before closing the notes and comments on this court and its doings it should be stated that it had concurrent jurisdiction with the Court of Common Pleas to imprison for debt in the enforcement of its judgments and to absolve the debtor upon his compliance with certain statutory provisions.

A case in point is that of James Nicholson who had been imprisoned for debt and kept for some time under the care of John Stephenson, the jailor, in the old town of Washington. In order to procure his release John S. Willes, attorney for Nicholson, prepared and presented to the Court the following affidavit subscribed by the imprisoned debtor:

"I, James Nicholson, do in the presence of Almighty God, solemnly swear that I have not any estate, real or personal, in possession, reversion or remainder, sufficient to support myself in prison or to pay prison charges ; and that I have not since the commencement of this suit against me or at any time, directly or indirectly, sold, leased or otherwise conveyed or disposed of to or entrusted any person or persons whatsoever with all, or any part of the estate, real or personal, whereof I have been the lawful owner or possessor, with an intent or design to secure the same, or to receive, or to expect any profit or advantage therefor, or have caused or suffered to be done anything else whatsoever whereby any of my creditors may be defrauded, so help me God."

"To John Stephenson, jailor, in our said county of Adams, greeting: You are herebv dulv authorized and commanded to release and discharge James Nicholson from your prison for and on account of the following persons, to-wit: Joseph Scott of Kentucky, Banjamin Tapper of Marietta, Samuel Van Hook of Adams, John Snider, Samuel Hall, and William Stockham.

"Witness, John Beasley, Esquire, presiding justice of our said court at Washington, the second Tuesday of December, 1801. George Gordon, Clerk."

In addition to the above, Nicholson exhibited to the Court *'a true return" of all his possessions, as set forth in the following exhibit, to-wit :

"One bed, and the furnishings for a bed of the poorest description ; one pewter dish, six pewter plates, three rung chairs, two buckets, one tin strainer, one spinning wheel, third rale : one small box, one meal tub."