Fayette County, Ohio - Admission of Ohio Into the Union - Political History Early Laws of Ohio, 1881 (part 4 of 8)

Time rolled on, and with the tide of immigration did the number of destitute and helpless increase, making it apparent that measures providing for their care and comfort must be adopted. To this end, an act providing for the " establishment of County Poor Houses," was passed by the Ohio Legislature. Any county having within her limits a sufficient number of paupers, was empowered to purchase grounds and erect suitable buildings thereon, to which all the iniirm and needy were to be admitted, and thus was the custom of selling human beings, as so many articles of furniture abolished forever.

For a period of nearly fifty years, after its organization, Fayette County had no public institution in which she could care for her infirm, but provided for them through her township trustees. In about 1850, philanthropic citizens agitated the erection of buildings for this purpose, and in 1853, the board of county commissioners were induced to take the matter under advisement. On the 7th of June, 1853, they resolved, that, in their opinion, "it will be proper and advantageous to the said county, of Fayette, to erect and establish a poor house, within and for said county, and that they deem it necessary, for the accommodation of such an institution, to purchase a tract of land, etc." On the same day, Hopkins Shivers, in consideration of three thousand five hundred and eighty-seven dollars and fifty cents, deeded to Jacob A. Rankin, Robert Eyre, and Micajah Draper, commissioners, for the purpose of the accommodation and erection of a county poor-house, for the County of Fayette, the following tract : Being a part of Robert Randolph's survey ]^o. 119, and bounded, beginning at an ash and two water beeches; thence west ninety-six and four-fifth's poles, to an ash, redoak and dog-wood; thence north one hundred and fifty-four and one-half poles, to a stone in the center of the turnpike corner, to Richard Randolph ; thence north seventy-two degrees, east with the center of said road, one hundred and one poles to a stone in road and corner, to Judge Jacob Jamison ; thence south, one hundred and eighty-seven and one-half poles to the beginning; containing one hundred and two and a half acres, more oi' less. We have no means of ascertaining whether steps were taken at once for the erection of buildings, but presume that such was the case.

July 26, 1853, the commissioners issued an order to Hopkins Shivers for forty -five dollars and. fifty cents, for furniture for the infirmary, probably taken from the house of Hopkins.

Willis Rowe, Joseph McLean and Wesley Wilson, directors, on June 7, 1854, presented to the commissioners their accounts for settlement, from the day they took charge - December 17, 1853 - from which it appeared they had issued orders to the amount of three hundred and seventy-six dollars and fifty-two cents ; two hundred and ninety-seven dollars and fifty-two cents of which had been issued for articles for the use of the farm and houses. Sevent}'- nine dollars were paid William McLelland for his services as superintendent of the institution. Willis Rowe was allowed a dollar and a half per day, for nine days, and one dollar for expense "incurred in going to Wilmington to procure information in regard to the government of the institution." Joseph McLean was allowed one dollar and a half per day, for eight days' service ; Wesley Wilson the same for six days.

In the meantime, work on the new structure progressed satisfactorily, and on the 25th of December, 1854, the board examined the wood-work, pronounced it executed according to contract, and issued an order for one thousand two hundred and sixty-seven dollars and forty-tw^o cents to Thomas Dollarhide, the contractor.

On the 4th of June, 1855, Joseph McLean, Wesley Wilson and George Fullerton, directors, submitted their annual report for the year ending June 1, 1855, from which we extract :

The superintendent's term expired December 17, 1854 ; he was retained, however, till the first of March of the following year, at which time James Garlingor was appointed to the position.

The average expense of maintaining each inmate was one hundred and fifty-four dollars - unusually large, because considerable money had been spent in improving the farm.

At the close of the fiscal year, ending June 1, 1857, the directors reported twenty-seven patients during the year, of whom ten were discharged and two died. The total expense incurred in running the institution was one thousand one hundred and one dollars and eighty cents, while the credit claimed for products sold and stock on hand was two thousand one hundred and forty-one dollars and fifty -three cents; balance, twenty-seven dollars and fifty-five cents. It was hoped that ere long the same would be self-supporting.

From the above extracts can be gained an idea of the condition of the infirmary during the first years of its existence. Under the skillful care of the superintendent, Mr. James W. Garlinger, and the directors, the institution prospered from year to year until, owing to the constant increase of inmates, it was apparent that the present building and grounds would, ere long, prove inadequate for the accommodation of those for whom it had been erected.

Carder Infirmary

Peter Carder, an old resident of this county, and owner of an immense estate, upon being informed of the necessity of a "new poor farm," and influenced by a truly philanthropic spirit, conceived the idea of donating a portion of his estate to the county for "infirmary purposes."

In the year 1863, shortly before his death, he bequeathed to the county five hundred and seven acres of his estate, as a home for the poor, the invalid and the unfortunate. After his death, his widow objected to the provisions of the will, and several years passed before the matter was compromised.

The county, in 1867, by its agents, commissioners "William Clark, William Jones and Allen Heagler, began the erection of the new building. The foundations were laid in the summer of the same year, and by 1869 the work was fully completed.

On July 7, 1869, the inmates of the old building, forty-seven in number, were admitted to the new infirmary, and henceforth the unfortunate of Fayette County have had a home excelled by few, beautiful in design and execution, costly in material and construction, and abundantly ample for their reception for a long time to come. Various estimates have been made regarding the cost of the building, which has not been much less than forty thousand dollars.

The infirmar}'- is beautifully situated on the Columbp.s Pike, two miles northeast from Washington, C. H. Central as to the grounds, which are planted in their vicinity with a fine grove of young timber, and adorned with grass}^ lawn and flowering shrubs, the buildings may be seen for miles, half concealed by the intermediate foliage of the forest. The structure is four-storied, including basement and attic, and contains rooms for cooking, dining, sleeping, instruction and discipline. The dimensions by wings are one hundred and sixty-two by one hundred and forty -two. The basement is devoted to storage, heating and cooking. A broad corridor leads on the second floor to the dining-room, forty feet square. The south wing is devoted to rooms for ofiicials and reception of visitors. The wings are respectively occupied by the males on the east wing, and females on the west wing. Two rooms in each are known as family or sitting apartments, and beyond these are the sleeping rooms. Ascending a flight of stairs the third floor is reached, and here we find a school-room, eighteen by thirty-six feet in size, where it is designed a school shall be kept for six months annually. The first school Avas taught in 1874 and has progressed satisfactorily, furnishing means of information to the younger inmates, l^orthward, and over the dining-room, are three so-called family rooms, designed for sociality, and beyond are cells for insane and refractory patients. The east and west wings, corresponding with those below are used as dormitories. The hospital, eighteen feet wide by thirty-six feet long, attracts attention from its airy, clean and pleasant appearance. The attic is designed exclusively for dormitories.

The government of the institution is vested in a board of directors, and a superintendent appointed by them. Present board : Thomas B. Thornton, president ; Thomas Larimore, secretary ;

Recently additional land was purchased, and the farm now embraces five hundred and eighty-two acres, of wdiich one hundred and thirty is in timber ; the remainder is principally under cultivation. During the past year the sum over and above receipts required to run the institution, was six thousand dollars.

The superintendent, Mr. T. J. Stinson, is a man eminently qualified for the place, as is also the matron, Mrs. T. J. Stinson, they having held their respective positions for more than four years.

The regulations of the infirmary require strict accountability, faithful performance of duty, and full compliance with the directions of the proper otficers. Kind, mild, yet firm treatment, marks the control of the inmates, and Fayette County may well be proud of her public institution - the Carder Infirmary.

Peter Carder

The ancestors of Peter Carder were of German and English extraction, and were among the early settlers of Virginia, hut afterwards emigrated to the wilds of Kentucky, where Peter was horn.

Sanford Carder, the father of Peter, was a soldier in the war of the revolution, serving all through that glorious struggle as a cavalry rider. He lived to see the colonies, dependent on the will of a foreign power, emerge into a grand and powerful nation.

While Peter was yet an infant, his parents immigrated to this county, where they remained till death called- them home - Sanford living to the extreme old age of ninety-nine years.

Peter was hrought up in the primitive hah its of those days, acquiring hut little education, and performing his part on the farm till he was twenty-eight years of age, when he was united in marriage with Miss Catherine Mouser, of Pickaway County, Ohio. By careful management and economical hahits he became the possessor of a large amount of landed property near the county-seat. He died on the 17th day of May, 1863, and the " Carder Infirmary" stands to-day a noble monument to his benevolence and philanthropy.

In early days, when banks were few and money was scarce, a great deal of connterfeiting was done, both in cohi and paper. The Funks, Redmonds, and Curry were. ringleaders in this nefarious business. Jake Funk and Curry were experts in detecting spurious notes, especially the former, whose knowledge in this direction was truly remarkable. Large quantities of this money was brought b}' the Funks and others from Kentucky, and circulated here. The celebrated Funk fight, recorded elsewhere, was the outgrowth of one of these transactions. They were always well supplied with counterfeit as well as good money. In transactions with strangers, 'they would pay out some good money and some counterfeit.

As illustrative of their dare-devil impudence, it is related that on one occasion Jake Funk went to Indiana, and bought one hundred and fifty head of cattle, paid for them mostly in counterfeit money, and ordered them delivered to him at a point remote from the road he had taken. When they arrived, he, with several assistants, took charge of them, and drove them in a circuitous route toward home. In the course of two or three days, as he was proceeding slowly, and without further apprehension, on his way, he was suddenly startled by the appearance of six horsemen, with drawn revolvers aimed at his breast. Although well armed, resistance was both useless and dangerous ; therefore, with a bland smile, he said pleasantly: "Gentlemen, I guess I had better surrender." The oflicer showed his 'authority, upon which Funk asked permission to go forward and tell his comrades that he could not accompany them any further; but well knowing his desperate character, the sheriflf refused, and ordered him to return immediately with him.

At this time Funk had a pocket-book filled with counterfeit bank notes, and also some good money; and from previous experience, well knowing that at his preliminary examination before a justice of the peace an expert would be on hand, he cudgelled his brain all along the road for some means of getting rid of the had money without being detected. Finally he seemed to have matured a plan ; and throwing aside all anger, he conversed freely and gaily with his captors, diverting them with anecdotes, and gradually so engrossing their attention that they seemed to forget that he was a prisoner. But on arriving in sight of the justice's office, and seeing a great crowd collected there, in a sudden paroxysm of anger, Funk poured for an innocent man to be arrested, with no evidence of his guilt, and at the same moment flourishing his heavy cattle whip, he threw it d,8 far ahead of him as possible, and with the same motion jerked out his pocket-book of bogus money and hurled it into the bushes so dexterously that it was unperceivecl.

Arriving at the magistrate's, he was searched, and all his money submitted to the scrutiny of an expert, as he had expected, but of course was found all to be good. The sherifi:' and justice now vied with each other in making reparation for the injury done (as they believed) an innocent man. The magistrate insisted on keeping him over night, to which he finally acceded; but after supper, com-' plaining of sickness, he carelessly sauntered toward the spot near which he had thrown his pocket-book, found it, returned to his room and slept with it in his pocket, and next morning rejoined his comrades in safety, to relate to them and others of his friends how easily he had duped the officers of the law.

Their headquarters, for a time at least, were at the house of Curry, which was on lands now owned by Jonathan Chaffin and his father. Smith, the former now living on the old site. One Blaylock also figured conspicuously in the counterfeiting of coin.

From a period extending, perhaps, from 1806 to 1822, counterfeiting was largely carried on by such desperadoes as the Funks, Redmonds, and William Curry, men who defied all law, and boasted that they did pass counterfeit money. Many abortive attempts were made to arrest them and break up the gang. Funk was finally arrested, sent to Kentucky, tried, and acquitted. Brokaw was arrested and sent to the penitentiary in 1820. Curry also was sent for fifteen years in 1821. Curry had many friends among the more desperate classes, and many threats of rescue were made. One Sabbath, just at the close of services in Bloomingburg, a messenger arrived with the intelligence that an attempt was to be made to take Curry from the jail. The majority of the congregation rushed out of tlie house and started for Washington, to foil this move, but no violent demonstrations were made, and they returned. Also, when the sheritf made preparations to transfer him from the county jail to the penitentiary at Columbus, a desperate elFort was made to rescue him. The night before the day fixed upon to transfer him, his w^ife was admitted to his cell, and in the morning he was found very sick. A physician (Dr. Thomas McGarough) was sent for, when it was ascertained that he had taken arsenic ; but in his anxiety he took too much, and threw it up, and it did not prove fatal. It was decided, however, to take him to Columbus on horseback, by way of Bloomingburg, past the present sites of Medway and London. Threats were made by his friends of forcible rescue, and he had been closely guarded while in jail; and when Sherift' Robison started with him, he was escorted by a number of brave horsemen. About four miles from Washington, near Gillespie's, it became apparent that he could proceed no further on horseback, because of increasing weakness, the effects of arsenic. Hastily despatching Colonel James Stewart to his (Stewart's) house for his carriage, he halted until its return, when it was determined, instead of taking the road past London, to push on straight to Columbus, reaching there in due time, without molestation.

It was learned afterward that a desperate effort at rescue had been planned among Curry's confederates ; that his departure from Washington was known, as well as the route he was to take, and that seventeen splendidly caparisoned horses were secreted in a thicket about five miles this side of London, while their riders lay concealed in the bushes near the road along which Curry was expected to pass, and nothing but the seemingly providential sickness of the prisoner, and consequent change of plans, prevented a bloody encounter between two parties of brave men.

The Funk Fight

Jake, the most notorious of tlie Funk family, in the year 1818 or 1819, went to Bath County, Kentucky, accompanied by his brother Absalom, and engaged in passing counterfeit money, which he had manufactured in Fayette County. He was detected, arrested, and at his preliminary trial bound over to the Court of Common Pleas in the sum of three hundred dollars. Being unable to go on his own recognizance, he applied to a friend named Jacob Trunibo, who, together Math his brother, Andrew Trumbo, agreed to stand responsible for his appearance.

Funk, upon being permitted to depart, returned to this county. When the time of his trial drew near, Andrew Trumbo paid him a visit, to arrange for Funk's appearance, that he (Trumbo) might be released from his obligation. To avoid future trouble, Absalom Funk and Philip Moore made to Trumbo a promissory note in the sum of three hundred dollars, which was intended to secure the latter should the bond be declared forfeited. On the day set for the trial Funk was not to be found, and Trumbo paid the amount of his bond, he being in turn paid the full amount by Absalom Funk and Philip Moore. This, it was thought, would end the matter; but, unfortunately, the worst was yet to come.

Trumbo was dissatisfied with the sudden turn the affair had taken, and seemed bent on having Jake arrested. and tried before the proper authorities. He therefore obtained a warrant for his arrest, armed with which he came at once to this county, and proceeded to make the necessary arrangements for his capture. He engaged the services of Aaron Johnson, who was then sheriff' (see note), and together they gave chase to Funk several times, but were unsuccessful

While loitering along the banks of Deer Creek, they formed the acquaintance of one Mills, who was captain of a home militia company. He and several of his men were pressed into service, and all started for the Funk residence. Jake Funk resided in a cabin, lo- cated on the land now owned by Michael Clever, about eight miles north of "Washington. He was notified, presumably by some friend, of the contemplated attack, and hastily dispatched a messenger to the members of his father's family, and others, to assist him, to - which they, ever eager for the fray, promptly responded.

It was night when the attacking party reached the premises, and under the cover of darkness they approached the house. Samuel Wilson, who lived near Hay Run, knocked at the door, and demanded admittance. Jake was in the kitchen with his wife, but answered, " I am here ; " and taking a chair, proceeded to the door, swinging the chair in the air, evidently determined to sell his life dearly. Upon opening the door, he was met by a volley from the attacking party, several bullets lodging in the chair, but none doing any serious injury. The tiring was returned by the Funks. Wilson grappled with Jake, and was shot dead. Trumbo-then engaged in a hand to hand conflict with Jake, but friends of the latter separated them and drew him into the house. Jake again encountered Trumbo, who had a pistol in his hand, and knocked him down, at the same time drawing him inside. Trumbo was senseless. Jake was about to cut his throat with a large knife, when old Adam cried out : " Spare him ! Don't kill him ! His father once saved me from being murdered by the Indians ! " which timely interference alone saved his life.

In the meantime a member of the outside party, named Adam Metz, fearing that Jake might possibly attempt an escape from the rear of the building, took possession of a location from which he might intercept his flight if it was attempted. A comrade named Cantrell, who was accompanied by a huge dog, seeing Metz in the rear of the house, supposed it was Funk escaping, and gave chase with the dog. Metz imagined he was being pursued by the Funks, and took to his heels. He ran to a neighboring corn-iield, dropping his gun and powder-flask in order to make more rapid progress, and finally stumbled and fell, and was recognized by his pursuer, when mutual explanations followed.

While this was taking place without, the parties within were arranging for Jake's departure and escape through the rear door. Trumbo was stretched on the floor, and feigned being severely wounded. Howevef, while the others were assisting Jake, he suddenly arose and bolted for the door, perceived by none except Jake's sister Tabitha, a perfect Amazon in strength and courage, who pursued him with an uplifted ax, and as he leaped the fence the descending weapon whizzed behind him and buried itself in the rail. He and his companions were glad to escape with their lives, and Jake departed unmolested. Absalom Funk was shot in the shoulder-blade, and painfully, though not dangerously wounded.*

On the following morning Samuel Myers, who resided in that township, was sent for by the Funks. Upon arriving at the house, old Adam met him with this salutation : " Good morning, Colonel Myers! Peace on earth, and war in Israel!" He was then informed of what had taken place during the night, and asked for his advice.

Subsequently Jake was captured by Sheriff Johnson, and lodged in a cabin on the farm formerly owned by Thomas Green. The cabin was surrounded by Bill and Calvin Williams, and other friends of Funk, and the sheriff's posse was reinforced by several persons living in the neighborhood. Funk's friends demanded his unconditional release, but the sheriff firmly refused to surrender his prisoner. During the parley Funk was liberated by some of his party, unobserved by the oflicer, mounted on a horse, and once more was a free man. He was first discovered by John Harris, who raised his gun and fired at the rapidly retreating figure, but without effect.

It appears that Sherift' Johnson was determined to deliver Jake Funk to the authorities of Bath County, Kentucky. The latter, after his second escape from the clutches of the law, left the neighborhood; and a few weeks afterward the sheriff was informed that he could catch his man by going to Miamisburg. He selected four able-bodied men to accompany him, armed with stout clubs and pistols, and arrived at his destination in the evening. The landlord of the tavern at which Jake was stopping was commanded to escort the party to Funk's room (he had retired for the night) quietly, that they might capture him without a struggle.

Funk was fast asleep as they entered, and knew nothing of the danger which threatened him. Upon entering, Sherift" Johnson walked to the bedside of the unconscious occupant, and struck him across the forehead with a pistol. The blow, instead of stupefying the sleeper, awoke him, and in a moment he bounded out of bed and confronted his assailants. The force of the blow broke the pistol, and left Johnson unarmed. Avoiding his powerful antagonist, he called upon his comrades to close with Jake. In the strug- gle which followed, Funk seized a club in the hands of one of his assailants, and despite the heavy blows that were rained upon him, especially by one left-handed man, who struck him several times on the head, came near wresting it from his hands ; but at this critical moment a lucky stroke laid him prostrate, when he was immediately seized and securely bound.

The pro^i^r authorities were advised of his arrest, and he was lodged in jail, in which he remained upward of two months, owing to the indifference manifested by the Kentucky officials. Finally he was taken to Kentucky, tried, and acquitted.

Fate had evidently decreed that Jake should die no ordinary death. Upon finding himself once more a free man, he removed to the State of Illinois with his family, and engaged in blacksmithing. Tradition is silent as to his actions while in that state, though we are led to believe that he lived a peaceable and law abiding citzen, when he was not molested. His death is thus described :

He had contracted certain debts, which were not paid as per agreement, and his creditor obtained judgment for the amount. An officer of the law proceeded to his house, and levied on various chattels. Jake made no objection, until the officer attempted to take charge of his blacksmith tools, when he ordered him to desist. The officer refused to comply with 'this request, and a fight ensued. It appears that Funk soon overpowered the officer, and drawing out his knife, was about to stab him, when he was shot, either by the officer or some of the bystanders. And so ended the life of one of the most desperate characters of " ye olden times."

Note. - There has been great diversity of opinion as to the date of tins transaction, some fixing it at 1821 or 1822, but the date as given aljove seems to be supported by the better authority. John been denied by some that an ax was used, or that the sh'erift' used a revolver. Also, it seems that Robisou was sheriff at the time, but on account of the sickness of his wife, could not leave her, and sent Johnson, who, it seems, was deputy sheriff.

The First Man Sent To The Penitentiary

It has been generally supposed that one William Curry was the first person sentenced to the state prison from this county ; indeed, many of the oldest living residents have for a long time labored under this impression. After considerable research among the old records, it has been ascertained that this is an error. In an old court record, saved from the court house fire, we find the following entry :

" This day came the prosecuting attorney, as well as the defendant, who, upon being arraigned for plea, saith he is not guilty in manner and form as in the indictment against him is alleged, and of this he puts himself upon the country for trial, and the prosecuting attorney likewise ; and thereupon came a jury, to-wit : John Roe, John Gamble, Isaac Johnson, John Baker, William Devolon, Philip Stout, James Stewart, William Blair, John Buck, Joseph S. Gillespie, John Coil, Thomas Burnet, who being elected, tried and sworn the truth to speak upon the issue joined, retired to consult of their verdict."

" The jury yesterday sworn to try this cause, came into court and returned* their verdict in these words, to-wit: We, the jury, do find the defendant guilty. The defendant, by P. Brush, his attorney, gives notice that he will move the court to grant a new trial and arrest the judgment therein."

March 24, 1820, the motion for a new trial was overruled. "And it being demanded of the prisoner whether or not he had anything to say, why the court should not pronounce sentence upon him, he said he had nothing more to say than what he had already said. Therefore, on due consideration, it is considered by the court, that said Benjamin Brokaw be confined in the penitentiary of this state

By reference to another part of the work, it will be seen that a number of persons were guilty of counterfeiting in ye olden times ; and a number of arrests were made for the offense. About this time, one James Brown, who possessed the aliases of Amos Headley, and Hadley, was arrested, tried, and convicted, and sentenced to the penitentiary for three years. Curry, it appears, had been passing bogus bank notes successfully for some time, but was detected in the act, likely in the summer of 1821 ; the first official action being dated Thursday, October 11, 1821, and reading as follows :

" State of Ohio vs. William Curry. Indictment for passing, forging, and assisting in forging counterfeit bank notes. This day came the prosecuting attorney, as well as the defendant in his own proper person, in the last mentioned cause, who, being arraigned for plea, saith he is not guilty, in manner and form as in the indictment against him is alleged ; and not being ready for trial, and offering no bail for his appearance, it is therefore ordered by the court that the said William Curry be remanded to the jail of this county."

On the 13th of October, the prisoner was tried by the following jury: Richard Todhunter, Peter Eyman, John Coil, Abraham Bush, James Carothers, Otho Dowden, Abraham Lambert, Joseph Gibson, William Hill, Hugh McCandless, Joseph Haymaker, and William Thompson, " all of whom being elected, tried, and sworn the truth to speak upon the issues joined, returned the following verdict, to wit: 'We, the jury, do lind that the defendant is guilty in manner and form as in the indictment against him is alleged.' Thereupon the defendant, by Henry Brush, his attorney, moved for a new trial, the motion was overruled, and " it was considered by the court thht the said William Curry be confined in the penitentiary of this state for the term of fifteen years, three months of which shall be in the solitary cells^ of the penitentiary."

In disposing of counterfeit notes, Curry usually pretended that he was unable to read, and offered them upside down to his unsuspecting victim. The chief prosecuting witness was Dr. Eastman, who joined the band in order to turn evidence against him. On the night preceding his departure for the penitentiary, Curry took a dose of arsenic, obtained probably from his wife, but the quanti- ty being too great it did not kill him. However, it maimed him for life, and his face ever after was as white as marble. He was reprieved some time prior to the expiration of his sentence, and went West.

March 26, 1822, one Margaret Redmond was arrested for the same offense, but forfeited her recognizance, and her name is lost on the records.

Blalock, for passing counterfeit bank notes. July 8th he was arraigned, plead not guilty, and Briggs and Maynard were appointed by the court to defend him. July 13th he was tried, and court adadjourned until the 14th, when he was convicted, and on the 15th was sentenced to the penitentiary for five years. Mills Gardner was the prosecuting attorney.

Execution Of Wm. G. W. Smith Fok The Murder Of John Gray

Tlirough the c6iirtesy of William Millikin and his son, William, jr., editors and proprietors of the Herald, we have been permitted to make the following extracts from that paper, regarding this crime and the execution of one of the perpetrators. From the issue of November 3, 1864:

" Murder. - On Saturday night last, a man by the name of John Gray was murdered by some unknown person or persons. He resided near Trimble's gravel bank, in Concord Township, in this county, and on the night of the murder he was left alone in the house. It is supposed, from the marks upon his person, that he was beaten with the poll of an ax, near the door of his house, and then dragged off and thrown in the brush. He was murdered, as is supposed, for a few hundred dollars in gold and paper money, which he had, as the money and some other articles belonging to him were missing. ISTo clew has as yet been had as to who the guilty perpetrators of the deed were. Coroner Carr held an inquest over the body, and the jury gave their verdict that the deceased came to his death by violence of some unknown person or persons."

"Murderer Arrested. - Through the vigilence of constable Matthew Blackmore, of this village, two men, one named Washington Smith, and the other John Adams, have been arrested on a charge of having murdered John Gray, in this county, on the night of the 29th ult., and are now in our county jail. Adams has confessed to being accessary to the murder, but says that Smith committed the deed. As the case will undergo legal investigation, we deem it prudent not to say more at present."

The following particulars concerning the murder of John Gray, are the result of an interview with James Straley, Esq., at that time sheriff of Fayette County:

Gray lived in a cabin near the Roberts' farm, at the crosshig, and at the time of the mnrder hved alone, a widow and her daughter, the other occupants, having been induced by the participants in the crime to visit relatives at a distance. The murder was committed by John Adams, and William G. W. Smith, who lived near Petersburg, and was a brother-in-law of Gray's, they having married sisters.

It appears that an old feud, which was engendered between the families when they resided in Virginia, still existed. This, and a sum of money (perhaps four hundred dollars), was undoubtedly the incentive to the bloody deed.

On Saturday evening, October 30, 1864, they left Petersburg, ostensibly to attend a meeting of the "Knights of the Golden Circle," but in reality to take the life of a fellow creature. They proceeded to Gray's cabin, t\^enty miles distant, on horseback, and upon nearing the scene, cut a huge club from a thicket, with which they felled Gray to the ground.

The evidence, so far as the actual deed is concerned, Avas circumstantial, consequently we have no means of knowing the full particulars as to the manner in which the poor victim's life was taken. However, it is surmised that his body was put on one of the horses, carried to a gravel-pit, one-half mile further on, and dumped into the same. They then departed for Petersburg, their home, stopping at Monroe for a whisky, and to exchange horses.

According to our informant, a cloud of mystery surrounded the murder for several days, it being a difficult matter to discover the perpetrators of the vile deed. Dave Brown, who kept a blacksmith shop near by, was the first person suspected. He was at the scene of the murder on the morning following the same, and had been seen in the neighborhood on the preceding day with a gun. At the coroner's inquest at Washington, no evidence was given against him, and, if arrested at all, he was discharged from custody. A detective and deputy sheriff investigated the premises surrounding Gray's cabin, and finally struck a trail which led to Petersburg. Here it was ascertained that Mrs. Hemeline and daughter, the occupants of the Gray cabin, were visiting Smith's family, at the request of the latter. The deputy then proceeded to Smith's residence, and inquired of Mrs. Smith as to the probable whereabouts of her husband on the preceding night. She replied that he had gone to Monroe, accompanied by Adams, and had returned before daylight on the following morning. He then made inquiries as to how they w^ere dressed, and was informed that they wore blue army overcoats, which were hanging in an adjoining apartment. The detective looked in the room, but saw no coats. Finally his keen eye discovered the garments concealed under ladies' dresses. Investigation disclosed the fact that spots of blood marked the coats. Mr. B's next step was to search for Smith, who was soon found; and upon being questioned as to his w^hereabouts on the night of the murder, contradicted and could give no satisfactory account of himself. He and his accomplice were arrested and taken to Washington. A chain of circumstances was developed, which showed conclusively that they were guilty, and at the preliminary examination they were committed to jail to await the action of the grand jury.

Probably because of the supposed insecurity of our jail, Smith was sent to the Pickaway County prison, at Circleville. But even this place could not hold him, for we learn that he dug a passage under the prison walls, and made good his escape.

At the trial of Adams, it was developed that both parties were intoxicated on the night the terrible crime was committed. Adams testified that he was unacquainted with the true object of their visit to Gray until they neared the house. He revolted when informed by Smith that Gray was to b{j murdered. Smith replied, "You hold the horses, and I will fix him." Much sympathy w^as expressed for Adams, and as the absence of Smith made it impossible to ascertain some of the most important facts in the case, he was convicted of manslaughter, and sentenced to ten years in the penitentiary.

We append the following extracts from the official records of the trial, in which the State of Ohio was plaintifif, and William G. W. Smith and John Adams defendants:

April 1, 1865, the grand jury presented an indictment against WiUiam G. W. Smith and John Adams for murder in the first degree. On the third of the same month, the court ordered that the defendants be brought forthwith from the Pickaway County jail into this court, for arraignment. A copy of the indictment was, on the following day, delivered to each of the defendants, and they were remanded to the jail to await further order of court. On the succeeding day the defendants were arraigned separately for plea. They plead not guilty. The court, not satisfied with the safety of the Fayette County jail, ordered' prisoners returned to the jail of Pickaway County.

July 1, 1865, leave was given to Smith by court to withdraw plea of not guilty, and offer plea in abatement, to which the prosecuting attorney filed demurrer. Court sustained the demurrer, and ordered that said Smith answer forthwith to said indictment. Smith's counsel took exceptions to the action of the court in sustaining the demurrer, and leave was granted them to file motion to quash indictment; but motion, after argument by counsel, and exceptions again taken to action in overruling motion. Prisoner, upon being re-arraigned for plea, plead "Not guilty." The case was continued till next term of court, and the prisoner ordered returned to the Pickaway County jail.

October 30, 1865, F. M. Gray, attorney for the defendant John Adams, moved that his client be removed from the Pickaway to the Fayette County jail, which was so ordered by the court.

March 9, 1866, H. B. Maynard was appointed by court to assist in the prosecution of the case. The defense was conducted by F. M. Gray and Mills Gardner. The following named gentlemen were selected a jury to try the case : Jacob iHarper, Robert Gilmore, William P. Snider, William Chaifin, Robert House, Joseph Ilidy, Jackson Popejoy, Jesse Heagler, Edward Taylor, George Fullerton, WiUiam McCafterty, and Samuel R. Morris.

The taking of testimony was commenced on the 12th of March, and continued till the evening of the 15th. The case was argued on the following day. On the 16th day of March, 1866, Adams was convicted of manslaughter, as set forth in the third count of the indictment. A motion for a new trial was overruled, and the prisoner sentenced to ten years in the Ohio penitentiary. Judge Alfred S. Dickey occupied the bench during the entire trial.

The court, on the 5th of June. 1866, appointed R. M. Briggs and R. A. Harrison counsel for defendant, and on the 8th, H. B. Maynard was appointed to assist in the prosecution.

At a special term of court, held August 28, 1866, motion was made by defendant's counsel for a change of venue from Fayette to some adjoining county. Motion overruled. A motion to continue the case to the next term of court. On the succeeding day the case was tried before the following jury : William James, David Lysiuger, John L. Myers, J. R. Venausdal, Jacob Eyman, Joel Wood, John F. Gregg, II. W. Hull, William Kearney, Anthony Coaler, L. E. Tinimons, and Thomas Braden.

On the 31st of August, testimony was introduced. Court issued habeas corpus for the return of Adams in the penitentiary, to testify in the case. Adams gave in his evidence on September 3, 1866. The taking of testimony continued till Thursday, September 6th, when the case was argued by counsel. On the next day Mills Gardner was appointed to assist the prosecution, on account of the illness of H. B. Maynard. The case was given to the jury, who retired.

At 6 A. M,, on Saturday, September 8, 1866, the jury, after having consulted all night, returned a verdict of guilty of murder in the first degree. Monday, September 10th, a motion by defendant for a new trial was overruled. "Whereupon the court does hereby adjudge and sentence that you, said defendant, William G. W. Smith, be taken hence to the common jail of said count}', from whence you came, there to remain in safe and close custody until Friday, the 30th day of j^ovember, 1866, and that on said lastnamed da}' you be taken to the place of execution, and between the hours of ten o'clock in the forenoon and three o'clock in the afternoon of Friday, the 30th day of November, 1866, you be hanged by the neck until 3'ou are dead; and may God have mercy on you."

After having received his sentence, and shortlj' before the execution. Smith acknowledged the killing to Sheriff Strale}'. Upon being furnished with stationery by the sheriff, he proceeded to write a history of his life. On the morning of the execution, a large crowd pressed to the door of his cell. He became very indignant at what he called their insolence, and remarked that he had written " a lot of stuff," which would be eagerly sought after, but the people should not be satisfied. He then destroyed the sketch, which he had written with great care. He said, "I didn't kill John Gray, but could throw some light on the subject." While on his way to the scaffold he stopped to say " good-by " to the sheriff's family. He ascended with a firm step, and Avas brave to the last, seemingly ready and willing to die. While the noose was being adjusted, he made a few remarks, saying that this was a solemn occasion, but that he was innocent.

Smith was reared in Hardy County, Virginia. It is said that prior to his removal to this state, he was, on one occasion, pursued by a constable with an execution for debt. Smith was found in a mill, which the constable entered. The former was in a desperate mood, and threatened to turn the water into the mill if the oiScer of the law did not acknowledge that the account was paid. The request waa promptly complied with.

The following brief sketch of the life of Smith was furnished by him the day before his execution, and appeared in the H'drald, December 20, 1866 :

" I was born in Hardy County, Virginia, on the waters of the south branch of the Potomac, April 15, 1817. My parents were not religious - very seldom went to meeting - but yet were of a moral character. Did not allow their children to use profane language. Had very few religious influences thrown around me. Sometimes went to Sabbath-school, but as I had five miles to walk I did not attend regularly. When quite young committed a considerable part of the Gospel of Matthew to memory. I never attended meeting much ; never heard but one whole sermon, and two parts of sermons.

" I grew up a reckless young man. At the age of eighteen was married to my present wife. My principal occupation was trading in and driving stock. My home after marriage was in Hardy County, Virginia, near my parents. From about twenty years of age I used liquor pretty freely. I also gambled a good deal ; was generally successful. It would have been better for me if I had lost. I cared little for it ; it was spent as freely as though it had no value.

" After coming to Ohio, which was some ten years ago, I did not gamble much, as the mode here was different from that to which I had been accustomed. Still, my companions were of the loose, drinking class. Sometimes got into quarrels, but not often. Never misused my family by harsh abuse, but did much neglect them; spent too much of my time from home. If I had been more attentive to the claims of my family, and the advice of my wife, it would be better with me now.

Execution Oe Avm. G. Av. Smith. S47

tliG future world. I believed in the existence of a God, in a future state of rewards and punishments, and, in my thoughtful moments, felt I was not doing right - felt condemned. At such times I resolved to reform and lead a different life, but was led off' by my besetting sins.

"I was never arrested for any crime until in 1864. I was arrested for the murder of John Gray, with which I now solemnly protest before God, before whom I must soon stand, that I had no connection, and knew nothing of it until after it was committed. To-morrow I suppose I must hang for a crime for which I am not guilty. I am innocent of it, and the world will some day know it. But I feel prepared for death - it has no terrors - only I feel that it is hard to suffer innocently. But I believe I have Christ for my friend, and that my sins, though many, are all forgiven ; and I can die rejoicing in His pardoning mercy, and in hope of heaven.

"Could I be permitted to address young men, I would urge them to avoid intemperance, profanity, and the gambling table - all lead to present and eternal ruin - shun them as you would the deadly viper. Do not violate God's day - seek the company of the good, and avoid all associations with the reckless and the vile, and above all to love and revere God.

I can forgive all those who have in any way injured me - yes, even those who swore my life away. The time with me is short, but I trust to meet you in a better world. Farewell."

The Execution

"Although the execution was conducted privatel}^, crowds of people began to assemble early in the morning, and long before noon the town was full, and the jail-yard completely surrounded by the curious, anxious to obtain, if possible, a last look at the prisoner, and to see whatever there was to be seen. Sheriff Straley had issued a proclamation requesting that the day be observed in a quiet, orderly manner, and that no liquor be sold, and Captain Henkle with part of his company, were called out to act as guards around the jail-yard, and preserve order during the day.

time in prayer and reading of the Bible. He dressed liimself with a great deal of care, and sat down to his breakfast eating very little. Daring the day few visitors were admitted, "except the prisone r's family and religions advisers, who remained with him up to the moment of his execution. At about twelve o'clock, his last meal was brought to him, but he scarcely touched it, and being informed by Sheriff Straley that his last hour was near at hand, he expressed his readiness for the sacrifice at any time. At ten minutes past one o'clock, he entered the enclosure about the gallows, accompanied by his spiritual adviser, his counsel, Sheriif Straley and deputy, ascending the platform at the request of the sheriff, seated himself in a chair upon the drop. A short prayer was then offered by Rev. C. T. Emerson, during which the prisoner was kneeling with his face covered, and when he arose his face showed no sign of agitation, though during the prayer his face could be seen to tremble as if in some emotion. After the prayer, the death warrant was read to him by the sheriff, and he was asked if he had anything to say before taking his departure. He arose, and stepping to the front of the platform, began :

"'Gentlemen, I have httle to say. It is a solemn occasion, and I hope I may be the last man who will have to suffer death in this way. But I am innocent of the murder of Old John Gray, for which I must die. The confession I have given to my advisers is strictly true. Death has no terrors for me - none whatever. We must all die; it is only a matter of time. I do not fear death; but it is the manner in which it comes, and the disgrace it leaves upon my family. For fifty years I have lived in rebellion against God ; but now, thank God, I have a hope in him.'

"Smith then took farewell of those on the platform, and if at any time there could be detected the least trembling in his voice, it was when he parted with Mr. Emerson, who had been with him much of the time during his confinement, and to whom he expressed a wish of meeting him in heaven. Stepping forward on the platform, he said, 'Gentlemen, adieu to you all,' then turning to the sherift", motioned him to proceed, and the noose was adjusted, the black cijp pulled down over his face. At just twenty-eight minutes past one o'clock the drop fell, and the prisoner was launched into eternity. During about five minutes he continued to struggle, and then all was quiet. After hanging nineteen minutes, the physicians in attendance pronounced that life was extinct, but the body was not taken clown until it had hung nearly twentyfive minutes. It was then taken down and placed in a common varnished coffin, and given into the care of his family.

"Smith met his fate with the stubborn firmness of one who had nerved himself for the trial. From the time he stepped upon the platform until the moment the drop fell, there was little or nothing in his countenance, or the tone of his voice, to betray any emotion he might have felt, and it seemed as if indeed death had no terrors for him. He protested his innocence to the last, although there can scarcely be a doubt of his guilt.

" Thus ended the Gray tragedy. The law has been enforced, and William G. W. Smith has sufiered the extreme penalty of the law for his crime, and his soul has gone to meet the judgment of a just God, who knows of his innocence or guilt."

In about the year 1817, a mill was built on tlie present site of the Milliken Mill and a high dam erected, which, during the wet season, backed the wateriip and overflowed the adjacent lands, and when the rains ceased and the waters dried up, produced great miasma and consequent sickness. In time, this grew to such an alarming extent as to threaten the depopulation of the town. Drs. Hilton and McGarough were confident that the cause arose from the stagnant waters of the dam, and the proprietors were requested to take it down during the season of low water - from June till September, which was accordingly done in about 1825, and the sickness ahnost wholly disappeared. It was taken down every year, till about 1837, when through carelesness it remained up a year or two, and again the fever and ague manifested themselves. The loss of many valuable citizens, among whom was the owner of the mill, Jesse Milliken, rendered prompt action necessary, and the administrator, CuiTcn Milliken, was requested to remove it but refused ; upon which a number of citizens, among whom were ^. W. Heagler, Daniel McLain, John C. Eastman, Arthur McArthur, L.D.Willard, David McLain, and Peter Wendell, proceeded to the spot with the necessary tools, determined to remove the dam. They were met by the owner, at the head of an equal number, equally as determined that it should remain. The " contending forces " met in the center, and in the struggle L. D. Willard slid down the slippery plank into the mud and was nearly drowned.

Curren Milliken finally praposed to take it down if the other party would leave, to which they responded that they cam« to tear it down and it should. be done. After considerable parleying and some high words, he agreed to take it away if they would desist, which being complied with, the central portion was removed, and the parties withdrew.

Sanitary

Millikeii immediately went before the grand jury, and had them all indicted for riot. Whereupon the criminals brought an action against Milliken for keeping a nuisance. The case was decided in their favor, and of course the bottom was knocked out of the indictment as w^ell as the obnoxious dam, and the court decreed that the latter be demolished entirely.

Milk Sickness

One of the greatest scourges to the early settlers in this county, was a disease known as milk-sick or trembles, which not only affected cattle, sheep, hogs, horses and dogs, but the human family as well. Human beings and stock would often be infected with the disease without any symptoms manifested until brought into activity by certain conditions, when it would suddenly develop itself with rapid and fatal effects.

According to the symptoms, it has been given various names, such as sick-stomach, swamp-sickness, fires, slows, stiff joints, puking fever, river sickness, etc.

Treatment

Quiet the stomach with opiates ; blister ; use castor oil and injection; dilute nitric acid has also proved eflicacious in extreme cases- Dunglison recommends gentle emetics, laxatives with quiet, and mucilaginious drinks.

So much for the human. The disease in stock is less know^n from the fact that the human takes the disease from milk or flesh of stock having the ailment.

Many theories have beeu advanced, some that it arises from lead -held in solntiou by water, some that it is a weed, while others contend that it is a malarial epidemic. Judge MeLain says, that abont genus eupatorium, with which he performed the following experiment: Two healthy calves were purchased, taken to the house of Mr, John Rowe, with instructions to confine them to the use of this weed alone. In a short time, the calves manifested all the premonitory symptoms of the disease under discussion, which increased as the experiment advanced, until, in about ten days all its phases were fully developed. Treatment was then begun, consisting of ground corn, which in due time eifected a cure. The weed was again given them with hay, and the experiment pursued until death occurred.

The question may be asked by skeptics, was there sufficient nutrition in the weed, in the absence of other food to support life, and did not the calves starve to death. The reply is, the symptoms produced by eating this weed were identical with those dying from milk-sickness. Again, after this experiment, the weed was removed from the pasture in which it grew, and while previous to this stock died each year, none have died since.

It is a also a fact, that when there is abundance of rain and the grass is rank, stock do not die, creating the presumption that grass is more palatable than the weed, and in such case they do not eat it.

His wife had been very sick with it and finally died ; whether with this disease'or not is uncertain. After which Mr. Dawson prepared to retnrn to Virginia. On his way he stopped at Harrison's Tavern, in Washington C. H., where he died.

It is said that so long as a cow is giving milk she would not show any symptoms of the disease, but would impart it to the sucking calf and those using her milk.

Drainage

Ill addition to the facts already mentioned in the geology of this county, we deem it our dut}' to give credit, in this connection, to some individual eftbrts which have brought about grand results in the direction of agricultural advancement, improvement and development.

Many years prior to the settlement of the territory now included in this county, it was a favorite hunting ground for the roving bands of Indians, who occupied the country lying between the old town of Chillicothe, in Greene County, where they had their council house and headquarters, and the Ohio, and who each year burnt off the grass, which, in some places, grew six feet high. As the white settlers gradually came in, however,, and the Indian withdrew, the rank vegetation was permitted to grow up, fall down and decay, from year to year, until the deep accumulation of vegetable matter produced miasmatic infection to such an extent that the county, during the years from 1818 to 1824, was rendered almost uninhabitable, and all who could possibly leave the comity, did so.

On Lee's Creek, or between Lee's and Rattlesnake, in the early history of the county, a settlement was formed by the Yocums, Bursons and others, which, on account of the extremely niihealthy condition of the same, was totally abandoned, and the empty cabins were seen standing as late as 1820.

These cabins, it is said, were superior in their structure to any in the county, having been hewn smooth on the outside and the corners neatly dovetailed, and carried up straight and square.

To such an extent, indeed, did malaria exist, that the county was in danger of total depopulation in some regions, especially north of Washington, in Jasper, Jefferson, Paint, Madison, Marion, and the northern part of Union, while those south of Washington were level, but the beds of the streams being deeper, formed abetter underdraina^e.

Draining And Tiling

The pioneers in this enterprise were Judge D. McLain and several others, who cut a few open ditches in the wettest lands, one of which, cut by D. McLain, emptying into Vandenian's Eun, was visited by people from a distance, as a great curiosity.

In about 1840, the open ditches were improved by having wood placed in them and filled in with dirt. These again were again superceded b}- the

Tile Ditch

The first effort in this direction was made by Judge McLain, who conceived the idea of placing brick on end, closed at the top, and about six inches apart at the bottom. These, however, when the dirt was thrown in, sank into the ground and proved worthless.

A kind of tube was then manufactured, by hand, which, though a very slow process, was a great improvement upon the open ditch, the wood covered ditch, or the brick.

As the feasability of tiling was established, and the great advantages perceived, the Judge erected a power tile machine, said to be the first in the United States.

In 1856 or 1857, J. W. Penfield procured a patent for a horsepower tile machine and exhibited the same at the state fair, at Cincinnati. Judge McLain saw the machine, finally bought it, set it up on his farm and burned a kiln of tile. Prior to the introduction of this machine, tile were pressed by a large lever worked by hand.

There was much prejudice against tile through the belief that the water could not get through the tile ; which had to be refuted by the actual experiment of placing a closed tile perpendicular in a bed of mortar and filling it with water ; and not until the water was seen oozing through and running away, was prejudice disarmed, and the incalculable value of tile established.

In the beginning, tile were manufactured for his individual use, but in order to introduce the article, and induce others to improve their lands, he would manufacture for others, in small quantities, to test their value

Arguing from the law that water, in sinking through the soil, became perfectly liltered thereby, he placed his tile at a depth of three feet below the surface, so that no sediment would ever be deposited round about the tile. The sequel has proved the wisdom of this reasoning, evidenced by the fact that his first ditches have never been repaired, while those put in shallower, and at a much later date, have been constantly out of order.

It is stated that the difference in the crops for the first year will pay for the tiling. So plainly has this appeared to the people, that now, instead of a few little open ditches, mud, malaria, chills and fever, milk sickness, decaying vegetation, stagnant pools, etc., almost every farm is thoroughly drained. The water sinks down as if by magic, enabling the farmer to work his crops in a few hours after a rain.

Stock Sales

For some years, the monthly sales at London, Madison County, attracted the attention of stock dealers for many miles around, and stock was taken thither from all the surrounding counties.

Early perceiving the advantages arising out of this enterprise to London and Madison County, the leading citizens of Washington C. H., and Fayette, determined to organize a similar enterprise here, so that stock could exchange hands without being driven out of the county.

About the year 1871, James Pursell and Thomas Kirk determined upon a plan of operations, selected referees, in case of any dispute arising, circulated bills, appointed the last Tuesday in the month, one week preceding the London sales, as the day on which the stock was to be sold ; so that in case of failure to secure satisfactory bargains, the owners could drive them on to London.

Jack Bridgeman, of London, was the first crier, Mr. Collins, of Washington, also being present ; but Bridgeman, and Douglass, of Mount Sterling, were secured for the purpose of giving it notoriety in its initial steps.

Correspondence was at once opened with prominent stock dealers in adjacent counties, which, in time, extended to the states of Kentucky, Lidiana, Illinois and Missouri, and cattle were shipped from all these states to Washington C. H. to be sold.

These cattle were placed in the hands of the auctioneer, with the minimum price fixed, divided into bunches of uniform weight and quality, in numbers ranging from twenty to one hundred, or in convepient carloads.

No by-bidding was allowed ; everything was carried on in an honorable, straightforward manner, and the sales from the beginning have averaged about five hundred head each mouth. Soxuetimes,

Among the principal vendors were William White, and Ramsey Brothers, of Fayette County ; John Darlington, Adams County ; Joseph Eothrock, William Dryden, Davis Connahaugh, of Highland County; Anderson, of Kentucky; Gray, of Kentucky; S. H. Ford, of Cincinnati ; and Pond, of Clinton County; and many others.

Captain Foster informs us that he alone has sold over ten thousand head of cattle for Davis Connahaugh. The principal purchasers were from Fayette, Madison and Pickaway counties.

Horse Trading

Connected with, and growing out of, the original cattle sales, was the trade in horses, which, beginning with a few local transactions, gradually expanded into immense sales and shipments, of numbers ranging from twenty to one hundred each. An amusing feature of the horse department was Trade Alley, generally located on some unfrequented alley, or street, where all kinds of horses, except good ones, were congregated for barter.

The trade language on these occasions was peculiarly adapted to the objects of exchange. In the language of Mark Twain, "one brute had an eye out; another had the tail sawed off close, like a rabbit, and was proud of it; still another had a bony ridge running from his neck to his tail, like one of the ruined aqueducts, in Rome, and had a neck on him like a bowsprit. They all limped, and had sore backs, and raw places, and old scars about their bodies, like brass nails in a hair trunk ; and their gait was replete with variety." The proud owner would parade one of these unique specimens before the gaping crowd, and as he seizes the bridle and lifts the head of the animal, exclaims : " JIo ! will you ? Do you want to run away, you ferocious beast?" When all the time the old thing was doing nothing in the world, and only looked like he wanted to lean up against something and meditate. Then, turning a proud look upon a bystander, his owner remarked, " Jim, how'll you swap ? " Jim stood unmoved, but scrutinized the beast, wisely, drops his head in deep thought, revolves his tobacco quid in his mouth, squirts the juice through his teeth, and with the remark,

" Lem'me try her speed," mounts the shaggy ewe-necked animal, and, like Ichabod Crane, on " Gunpowder," he rode with short stirrups, which brought his knees nearly up to the pommel of the saddle ; his elbows stuck out like grasshoppers ; he carried his whip perpendicularly in his hand, like a scepter, and as the old mare jogged on, the motion of his arms was not unlike a pair of wings, while the skirts of his coat fluttered out almost to the horse's tail. Wheeling as suddenly as the condition of his .steed would admit, he comes ambling back, dismounts and says, " You bet, Pete, she's a daisy, an' if you'll give me a plug o' tobacker to boot, we'll call it a dicker." So the business goes on. Old watches, harness, dandy wagons, etc., are given in exchange, and each party goes off feeling that he has the best of it.

The First Railroad

During the session of the Ohio Legislature of 1849-50, the member from this senatorial district, Mr. Linton, introduced a bill which authorized the granting of a charter for a railroad, to be constructed from Zanesville to Cincinnati, via Wilmington. The member of the house from Fayette requested that the name of Washington Court House be included in the charter, but this the gentleman from Wilmington refused to do. The Washingtonians became indignant, and employed Judge Daniel McLean to go to Columbus to work np their interest, who eventually succeeded in eifecting the desired change. The company was organized, and Judge McLean elected one of the directors. The county commissioners were importuned to issue one hundred thousand dollars in bonds, and took action on the matter, as follows :

"And upon examining the act of the General Assembly of the State of Ohio, passed March 5, 1851, entitled 'An act to authorize the commissioners of Fayette County to subscribe to the capital stock of the Cincinnati, Wilmington and Zanesville Railroad Company,' and being fully satisfied that the preliminaries required by said law, in order to the taking of said stock by said commissioners had all been fully complied with, they thereupon did proceed, for and in behalf of said county, to subscribe to said capital stock of said railroad company the sum of one hundred thousand dollars, in all respects as by said act they are authorized and required to do, as by their subscription upon the books of said company, this day made, will fully and at large appear."

A question arose as to whether bonds could be issued on a railroad before it was constructed, and the commissioners of Clinton County refused to sign the bonds. Meanwhile the contractor, Mr,

DeGraff', demanded some assurance that the money would be forthcoming at the proper time, before he would begin operations. He was full}' assured on that point, and in the fall of 1852 the road was completed from Zanesville to Morrowtown. Judge McLean took a unmber of trips to the East and purchased iron, which had been manufactured at Sweden. The terminus of the road being Morrow instead of Cincinnati, the earnings were insufficient to meet the expense. The road went through various hands, and is at present operated and controlled by the Pittsburgh, Cincinnati and St. Louis Railroad Company.

Several railroads have been projected through the county, and at this writing three are in running order. A number of years ago the construction of a road from Dayton to Belpre was agitated, and the line surveyed through this count}'. Bonds for money to assist in the work were issued by the commissioners, and a number of people subscribed- liberally to the general fund. The grading was nearing completion, when, for reasons known best by those interested, the project was abandoned.

In 1874, Dayton capitalists conceived the idea of building a road from that enterprising city to the coal fields of southern Ohio. Great interest was taken in the matter, work was begun and hurried to completion, and, in spite of financial embarrassments, the desired end was reached in the year 1879. The road was constructed as a narrow-gauge, and did an immense business on and after its completion to the coal fields. Li the spring of 1881, it was purchased by the Toledo, Delphos and Burlington Railroad Company, who have connected the same with their extensive narrow-gauge system through Ohio and Indiana, and will extend the Southeastern Division (lately Dayton and Southeastern Railroad) to the Ohio River.

In the meantime, Springfield capitalists determined to construct a narrow-gauge to Pomeroy, Ohio. Work was commenced, and in 1875 the road was finished to Jackson. It was originally named the Springfield, Jackson and Pomeroy Railroad, but was sold on a foreclosure of mortgages, in 1879, to a Springfield syndicate, who re-christened it the "Springfield Southern." This management changed the track to a standard gauge, and operated it till the spring of 1881, when the Indianapolis, Bloomington and Western Railroad Company purchased the franchise, and changed the name to Ohio Southern Railroad.

Geology Of Clinton And Fayette

Fayette County is bounded on the north by Madison County, on the south by Highland and Ross counties, on the east by Pickaway, and on the west by Clinton and Greene counties,

I propose to treat these counties together, partly because there is much similarity in the physical characteristics of the two, but particularly because there is comparatively little of geological interest in them. The formations are little exposed, being generally covered with alluvial and drift-deposits; and where they are exposed, they do not present a great variety of material, such as imbedded fossils, to the geologist, by means of which he may read the histor}^ of the life and change of the past, or of those products of the earth, which are so indispensable to mankind, as ores, fossil, coal, and valuable stone, which elsewhere offer such inducements to geological investigations. Still I hope that what I shall present of the geology of these counties will not be utterly devoid of interest to those most concerned, and none the less because I have not atttemped to startle them by any inventions of my own, but I tell only what I have seen, and that in a " plain, unvarnished" way.

In these counties one will not fail to observe how the character and employment of the people depend upon the geological formations which underlie their habitations. Here are no rapid streams affording power for manufacturing purposes, and no iron or coal upon which to build the industries which depend upon them. No cities teeming with pressing throngs employed in the arts of busy life. The level surface of underlying rock, with the no less level superficial covering, the deep, black loam point to agriculture as the chief employment of the citizens of these counties. The character of the soil also determines the kind of agricultural products which may most profitably be produced; and thus the range of human enployment is doubly limited,

The soil of the larger portion of these counties, including nearly the whole extent of Fayette, is finely adapted to the growth of the niost nutritious grasses, as well as the principal cereal grains. Hence stock-raising has very naturally been the chief occupation of the people. It is thus that the geological character of a country modifies the employments, and, to a certain extent, determines the character of those who dwell in it. Where good roads are easily constructed, and where ready access is had, to all parts of a district, there is apt to be a%iigh development of social qualities, and of the refinements of civilized life.

The land is held in large bodies, causing a sparseness of population, which has had, in times past, an unfavorable influence upon the character of public education. The great energy displayed in constructing public roads, has rendered large school districts less inconvenient than they would be where good roads are impossible.

The parting-line of the water-shed of the Little Miami and Scioto rivers, runs a little west of the line separating Clinton and Fayette counties. Consequently, Clinton County is mostly drained into the Little Miami River, and Fayette County wholly into the Scioto. The drainage of Clinton County is mostly efi:ected by Anderson's, Todd's Forks, and the East Fork of the Miami.

Anderson's Fork rises on the line of water-shed to the south of Reeseville, and flows in a circling channel, bending from north to west, and emptying into Cresar's Creek, at a point without the county. No where in its course is this stream far above bedded stone, and at some points it runs upon strata of the Niagara formation, as at places in the " Prairie," at Judge King's, and at Port William it cuts through a portion of the j^^ntamerus beds of this formation where, besides the- bed of the creek being wholly of this stone, tlie banks, from five to ten feet high, are also of the same. Above Port William, the stream is sluggish, and traverses, for some ten or twelve miles, a district of marked character, known as the " Prairie," a tract of wonderful fertility, of deep, black loam, and which has been, at no very distant past time, the location of a shallow lake or swamp. The highest land, I suppose, in the county, is northeast of this " Prairie," and is, perhaps, not far from seven hundred feet above low water mark at Cincinnati. I was not able to obtain tlie elevations of the Cincinnati and Mnskingnm Valley Railroad, which traverses both the counties of Clinton and Fayette, and, therefore, lack some data necessary to state, with exactness, the elevations of the different parts of these counties. But by the kindness of Mr. J. H. Klippart, of Columbus, I obtained those of the Marietta and Cincinnati Railroad, and shall have to refer the elevations of the portions of these counties to those of this road. The highest point in Clinton County, on the Cincinnati and Marietta Railroad, is a point a little east of Vienna, which is seven hunhundrcd and thirty-seven and a half feet above low-water mark at Cincinnati. Anderson's Fork receives but few tributaries in all its course, the tract which it drains being comparatively long and narrow. The bedded stone in its channel is of the Niagara formation as far down as the Lumberton quarries, where it strikes and cuts nearly through the formation known to geologists as Clinton, and at a point a few miles further down stream, at Ingall's Dam, just outside of Clinton County, it cuts about four feet of purple-red shale, underlying the Clinton, and strikes the higher strata of the Cincinnati group, or Blue Limestone.

Todd's Fork, with its tributaries, drains the central and western part of the count3^ Running in a course in general parallel with the last named stream, and within three or four miles of it, during the most of its course, it could receive few and unimportant tributaries on the side next to that creek, of which Dutch Creek is the only one worthy of being named. On the other side there are three, which I shall mention. The smallest of these is Lytle's Creek, draining the immediate vicinity of Wilmington, and along which the Cincinnati and Muskingum Valley Railroad runs. Cowan's Creek rises on the north of the " Snow Hill " ridge, and in respect of length, and of alluvial bottom, is even more important than the stream to which it is nominally tributary. East Fork rises near Martinsville, and has cut for itself a channel in some places, as within three or four miles of Clarksville, nearly one hundred feet deep in the blue limestone.

The East Fork of the Miami drains that part of the county south of the Cincinnati and Marietta railroad, including the neighborhood of I*^ew Vienna, and the region south of " Snow Ilill " ridge.

go to decay upon their banks, on account of the failure of a supply of water sufficient to turn their wheels during enough months of the year to make" it profitable to keep up the mills. This is due, in considerable degree, to the failure of the water in the streams during the late summer and early fall months. The water which fell during the winter and spring months, when the country was new and mostly covered with forest, was retained on the soil. The small streams were choked with rubbish, and the water stood on flats, protected from speedy evajDoration by the dense foliage of the trees, and^by the heavy coating of fallen leaves, which covered the earth. No artificial drains were in existence. The water gradually trickled from these natural reservoirs, highly colored with the soluble elements of the partially decayed vegetable substances, and kept the streams with at least a partial supply of water during the most of the dry season. Then the mills and dams were less expensive than now, particularly the dams, which were no more than cheap structures of logs and brush, intended chiefly to be of use in changing the current upon the wheel of the mill, rather than detaining the water in a reservoir. Then the machinery of mills was simple and inexpensive, and was suffered to lie idle, without detriment, during the season when the water was insufficient to turn it. ]^ow, numerous improvements have been made in mill machinery, without which, such qualit}^ of flour as is now in demand, cannot be made, and these, being patented, are more expensive than the machinery which they displaced. More expensive dams are necessary to retain a large quantity of water. Formerl}^ the miller was also generally a farmer, and could make profitable use of the dry season in tilling his farm. For such reasons as these, although the same quantity of water still flows through the same channels, the mills are in decay, and the mill seats abandoned.

A glance at the map of this county, shows numerous water courses traversing the county from its northern to its southern border, \arying but little in direction. These streams are all somewhat sluggish in the upper half of their course, but they have quite sufficient fall to constitute an ample system of drainage.

Geology

the channels of the streams have been freed from obstructions, and the water has been carried into the water-courses by ditching, this county has taken rank as one of the first agricultural counties of the state.

The water-courses present a singular uniformity in respect of direction and tributaries. The main water channels are nearly parallel with each other, and they take the same general direction, uniformly to the east of south. This is true of Deer Creek, as of Paint Creek and its tributaries. We notice another characteristic of all - the tributaries of all the streams put into them from the west. There is no exception in the county - no instance of any tributary, more than a branch a few hundred yards long, coming from the east ; in fact, the tributary branches of all the creeks of the county, rise within a score or so of rods of the bank of tlie next creek to the west. This shows to the most casual observer that the whole county sheds to east and south, and that as the lowest land in the county is at the point where the water leaves it, so the highest may be looked for in the region whence it flowed - to the northwest.

From Mr. James McClean, county surveyor, I learn that Deer Creek is about one hundred feet lower than North Fork of Paint, on the line of the White Oak Turnpike ; that Compton's Creek, on the line i^f the InTcw Holland and Bloomingburg Turnpike, is fifty feet higher than North Fork, and that East Fork is eighty-seven feet higher than North Fork, and Main Point one hundred and four feet higher than the same stream - so that if this turnpike were a canal, all the water north of Washington could be readily turned into North Fork.

The rise in the land from Washington to the northern boundary of the county, is estimated at not more than fifty feet ; and from the extreme north to the south along Paint Creek, the fall is not far from two hundred and ten feet. As the railroad bridge at Greenfield is four hundred and fifty-one feet above low-water mark at Cincinnati, and perhaps seventy-five feet above the bed of the creek at the Fayette County line, the point of Paint Creek, where it leaves Fayette County, would be three hundred and seventy-six feet above low-water mark, at Cincinnati ; add one hundred and sixty feet, the elevation of Washington, the county seat, above Paint Creek, at the southern line of the county, and the elevation of this town above low-water mark of the Ohio River, at Cincinnati, is about five hundred and thirty-six feet, or nine hundred and sixty-eight feet above tide-water. It will thus appear that the average elevation of Fayette County is about two hundred feet less than that of Clinton County.

If we trace the line of outcrop of the various formations from the point in the western part of Clinton County, where Todd's Fork leaves the county, we shall find that the strata of stone seen under those we meet, proceed to the east, and if a well were dug deep enough at Washington or Wilmington, it would cut through all the strata found to the west as far as Cincinnati. A well sunk at Washington would first penetrate the strata overlying those exposed at Rock Mills, and passing through these,would penetrate the strata represented on Paint Creek, below Rock Mills, as at Rogers' and at James', and then would reach the stone so abundant on Rattlesnake, from the line of the Washington and Leesburgh road to the south, and, passing this, would penetrate the water-lime buildingstone of Greenfield and Lexington, and, going deeper, would penetrate the great Niagara system, one hundred and fifty to one hundred and eighty feet thick, which is found immediately under the city of Wilmington ; cutting through this it would next reach the Clinton iron ore, and then the stratafied stone of this formation, about thirty feet in thickness, and then, after cutting through three feet of a ferruginous clay would reach the Cincinnati group, or blue limestone, and in about one hundred and twenty-five feet would reach the strata which are seen in Todd's Fork, where it flows out of Clinton County.

It has been stated that the average level of Fayette County is some two hundred feet lower than that of Clinton County, while numerous formations overlie in Fayette County those found exposed in Clinton County. The explanation is easy. It is observed that all the strata which have been named, dip to the east. They do, indeed, dip more, rather than less, than sufficient to make up the difference in the level of the counties, and it is likely I have understated rather than overstated the difference in level, as it was impossible to get the levels of the Cincinnati and Muskingum Valley Railroad, which would have enabled me to be more exact. I have calculated that the water-lime building-stone, as seen at Lexington and Greenfield, dips from thirty-five to forty feet per mile to the east, (it dips also to the north). In fifteen miles the dip would be between five hundred and fifty and six hundred feet ; subtracting two hundred feet, the 'difference in level, there would be

Denuding Agencies

After the deposition of the rocks now found in Clinton and Fayette counties, the surface was not long, at any early geological period, beneath tlie snface of the sea. While the deposit of sandstone which extends almost from the very border of Fayette County to the south indefinitely, and to the east, underlying the coal, was being made, the land to the north was above water, as well as when the deposits above the sandstone were made ; at least, whatever material, organic or inorganic, was ever deposited here, has long since disappeared. "We have some evidence, however, that the slate which immediately underlies the sandstone extended somewhat further north than the sandstone itself has been found. In Fayette County, near Rock Mills, about one hundred and twentyfive feet above the bed of the stream, on the farms of A. J. Yeomans and Aquilla Jones, as also on the farm of Mrs. McElroy, a mile west of Paint Creek, and near the southern line of the county, a vslate formation is to be seen capping the highest point of land in the southern half of the county. This material must once have been continuous, and may have extended further than any traces of it are found at present.

We have abundant evidence in both of these counties of agencies which have operated in comparatively recent geological periods, and whicb have worn away deposits formerly existing here. We find that the surface of the existing bedded rock has been worn away and channels have been cut in it.

Where the loose material which now overlies the bedded rock has been removed, we find markings upon the surface of the exposed rock, if this is of such a nature as to resist atmospheric and other agencies, which would cause the surface of the rock to disintegrate, which indicate that some agency has been at work to grind down, and wear and smooth the surface. But unfortunately the nature of the stone underlying the clay in these counties is such, that it would not generally retain any strife of a delicate character. We do, however, find stone well polished and delicately striated in Paint Creek. The exact locality is in Ross County above Greenfield, on the Indian Creek road, about three hundred feet up stream from the beginning of the head-race of Smart's Mill, the last place on the east side of the road where stone has been quarried, and about thirty feet above low-water in the creek. I removed the sand and gravel myself from the exceedingly well polished surface of the rock.

Mr. John Sollars reported striated rock in a locality on his place, and another locality was visited by me on the same stream above Rock Mills.

At Rogers, below Rock Mills, the gravel contains many blocks of well smoothed stone, and at Rock Mills, just north of the village, many large bowlders of quartz and granite are mingled without stratification with the gravel, and constitute no inconsiderable part of the extensive beds.

At J. C. Sinsabaugh's, near Bloomingburgh, I saw a block of stone one foot thick, two feet long and sixteen inches wide, which had been taken from a gravel bank on his farm, and which was well worn on a portion of one side, was very smooth and marked with strife, but the edges or corners were not rounded or broken. This was a hard, dark colored stone which gave out a ringing sound at the stroke of the hammer, and seemed to be of the same material as a drift-stone which I saw at Mr. Hegler's, on Herod's Creek, in Ross County, which contained Tentaculites in abundance.

Formations in Clinton County, which were formerly continuous, have been partially removed, as on Cliff Run the Clinton formation is seen in its full thickness, while excavations show that its continuity is broken to the east of this locality, so that the exposure of white limestone on Cliff Run is a mere island of this kind of stone.

Besides the wearing away of the general surface and the removal of particular parts of formations, there were causes at work which have excavated channels far below the general surface, [ce in the form of glaciers, is generally regarded as the means by which the denudation above alluded to has been effected, and moving water has doubtless been the instrument by which the deep channels have been excavated. These channels are only traced by observing the excavations which are made for one cause or another, the sinking of wells, and borings for water.

An instance of this channeling is noticed in that jegion in Clinton County, known as the " Prairie," where it has been frequently observed that they are places apparently forming a continuous line, where rock is not fonnd at any depth yet reached, although on each side it is hut a short distance to the undisturhed strata. This channel has not been thoroughly, but, so tar as observed, nearly, coincided with the direction of the present Anderson's Fork. Doubtless where the bottom of Anderson's Fork is the bedded rock, the old channel was cut to one side or the other of that in which the water flows at present. Connected with the fact of the existence of such deep drainage at a former period, is implied that the whole country was at a much greater elevation above the sea than it is in our time.

The Drift

The old channels became silted up, and other accunnilations were made subsequent to the period of denudation. The surface of the land must have sunk down so as to be beneath the surface of the water. Every indication points to water as the medium by which the deposits were made. Upon the surface of the stone is everywhere found more or less of loose material. The study of this material in both these counties is full of interest.

The Drift is composed of clay, with varying proportions of sand and gravel, with occasional rounded blocks of granitic rock, and with the remains of trees, and sometimes of other vegetation. The greatest thickness of the Drift in our district is in Clinton County, east of the " Prairie," where a deposit of over one hundred feet is found. Whether the whole surface of the county was covered as deeply as this limited area, may admit of doubt; but there are reasons for believing that the surface was once covered with a heavy drift deposit. In some places the soft material has been washed away, leaving large accumulations of sand and gravel; in other places, as in the level region between the East Fork of Todd's Fork and Blanchester, the material of the drift was a finer sediment than is found in other places, and has not been removed or disturbed to such a degree as. in other portions of the county, and, consequently, even if sand and gravel exist in it, such extensive beds of these substances as are found where the sediment had a dift'erent character, or was subsequently washed in currents of water.

The clays of the drift are both blue and yellow, the former apparently prevailing in both counties, as shown in the excavations for wells. There was considerable variation in reports of the strata penetrated in sinking wells, but blue clay, or, as it is frequently called blue mud from its appearance, was uniformly found, but there was no uniformity in the thickness of it. Sometimes it is but a few feet thickness, and in another place not a mile distant, it is no less than forty feet thick. It is gen erally interstratified with sand and fine gravel, but sometimes no such stratification is seen.

Water is found nearly everywhere within a very few feet of the surface of the earth, so that it is seldom excavations were carried further than from ten to twenty feet below the surface, and our knowledge is limited of the material underlying to this slight extent.

i^ear Washington, on the farm of Mr. D. Waters, the blue clay is interstratified with sand, while on that of Mr. Noah Evans, adjoining, there is a continuous deposit of the same material of forty feet in thickness with gravel. This blue clay being impermeable to water, it is when beds of sand in it are reached that water is obtained, and usually in abundance.

In some parts of our district, particularly those which are flat, there does not occur within the usual range of the wells, much, if any, yellow clay. If it is found, it is just below the soil for from three to ten feet, where fine grained blue clay invariably occurs, interstratified with sand.

These are found scattered over the surface of both counties, and seem to belong above the blue clay deposit, rather than in it. The largest bowlder, perhaps, which is found so far south in this state, is found in Clinton County, on the county infirmary farm, near Wilmington, and this lies on the fine-grained blue clay, upon which it would seem to have fallen by the washing away of the clay in which it was formerly imbedded, and which at a higher level lies near it on all sides. This bowlder contains about twelve hundred cubic feet, and weighs upwards of ninety tons. Other large bowlders are found in the extreme northern part of Fayette County, scattered numerously over the surface of the ground, and weighing from twenty to thirty tons. Besides these large erratic blocks, smaller ones are found more or less abundantly every where throughout these counties, especially in the northern half. They are found lying on or near the surface, where they have been left by the removal by water of the material deposited with them, '

Gravel And Sand

Mingled with the drift is always found a considerable proportion of these substances, but being scattered throughout the whole mass, or at most, showing only a slight tendency to be distinct in strata, more or less mixed with soft material. Where the original drift is in quantity and undisturbed, the sand and gravel in it are not available for economic purposes.