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Scioto County, Ohio - Chapter 2 (1 of 2 so headed), 1903

From History of Scioto County, Ohio, Together with a Pioneer Record of Southern Ohio, published 1903. 9,934 words, reproduced complete and unedited. Source changes inside the text are labelled in place.

Contents

4 sections

The section headings the book prints inside this chapter. Each one jumps to where it begins.

The text

9,934 words

Machine-read from scans of History of Scioto County, Ohio, Together with a Pioneer Record of Southern Ohio, published 1903. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.

Chapter 2

On the 9th day of August, 1803, at the house of John Collins, at the town of Alexandria, was the time appointed by law for the first meeting of the Court of Common Pleas of Scioto County, Ohio. The Hon. Wylliss Silliman was Presiding Judge, and Joseph Lucas, John Collins and Thomas William Swinney took their seats as Associate Judges. A grand jury was impanneled. William Masters was indicted for assault and battery on Thomas Davis. in Nile 'Township on the information of John Asa. Stephen Carey was foreman of the jury. John Masters was indicted by the Smalls for selling whisky. Process was issued against these persons. Thomas Scott was appointed Prosecuting Attorney on behalf of the state for that term. The Court received the report of the Commissioners, David Selby and John Chenoweth appointed to fix the seat of Justice in the County, and fixed the proportion of jurors as follows:

On the roth of August, 1803, there was a special meeting of the Common Pleas Court. Asa Murphy was bound an apprentice tu Klija Glover to learn the art of hating, so spelled, for three years from the 17th day of April next.

DeEceMBER TERM, 1803. Wrylliss Silliman was Presiding Judge and Joseph Lucas, John Collins and Thomas William Swinney were Associate Judges. On the 13th of December 1803, Judge Swinney was given a license to solemnize marriages. Robert Lucas was appointed Surveyor of the County. William Jackson was also authorized jo solemnize marriages. William Russell was appointed Clerk of the Court. Joshua Parrish and Philip Moore were sureties on his bond.

Aucust 17, 1804. "The Associate Judges met to appoint a clerk pro tem, in place of William Russell, who resigned. They appointed Samuel C. Jones, Clerk pro tem.

Stephen Carey, was foreman of the grand jury. James Norris was indicted for assault and battery on Elijah Glover, on Sept. 20, 1804, - on information of Stephen Carey. John S$. Wills was allowed '$10.00 as Prosecuting Attorney at the November term, 1804. At this term Solomon McCall presented a petition for specific performance of a contract with one Middleton Harmon, and the Court ordered the administrator of Middleton Harmon to make conveyance in accordance with the petition. Apri 6, 1805. Robert F. Slaughter was Presiding Judge. Joseph Lucas and John Collins were Associate Judges. Henry Brush was Prosecuting Attorney for that term, and was allowed $12.00 for his services. On the second day of this term, the Court appointed Atexander Curran as Clerk in place of Samuel Jones, resigned. June Term, 1805. Robert F. Slaughter was Presiding Judge. Joseph Lucas, John Collins and Samuel Reed were Associate Judges. Jessup N. Couch was appointed Prosecuting Attorney for the County of Scioto for this term. William Creighton and Henry Brush were attorneys, practicing in the County, though it does not appear that they lived there. In June 1805, Michael Baldwin was practicing law in Scioto County. On the 10th of May, 1803, at the town of Alexandria, at the house _ of John Collins, there was a meeting of Associate Judges composed - of Joseph Lucas, John Collins and Thomas William Swinney. They took their seats and appointed William Russel Clerk pro tem. they proceeded to lay off the County into townships, to-wit: Beginning on the Ohio at the County line; thence up the same to the mouth of Carey's Run; thence with the same to the dividing ridge;- thence with the said ridge to the County line; thence with the same to the beginning, which boundaries shall compose Nile Township, and - Fy, at elections for the same shall be held at the house of John Thompson. The next Township was Union. It began at the mouth of Carey's - Run on the Ohio; thence up the same to the mouth of Little Scioto; - thence up the same to include old Mr. Monroe's; thence westwardly te / to the twelve mile tree on the Big Scioto; thence ' westwardly until it) ran 4 strikes the dividing ridge between the waters of Brush and Bear

Creeks with the same including all the waters of Brush Creek to the County line; thence with the same to the dividing ridge between the oy ae waters. of the Ohio and Brush Creek; thence with the same to the head - ; of Carey's Run, down the same to the beginning, which boundaries composed Union T ownship and elections for the same shall be held at the house of William Lucas, Jr. a Then came Upper Township described as follows: Beginning at~ the mouth of Little Scioto; thence up the Ohio to the County line; - thence with said line to the Ross County line; thence with said ae to opposite the main' branch of Little Scioto; down the same to the - beginning, which boundaries shall compose Upper 'Township, and the |

The Early Courts

Then came Seal Township, described as follows: beginning on the Ross County line opposite the head of the main branch of the Little Scioto, with said line to the west corner of Scioto County ; thence south to the dividing ridge and Brush and Camp Creeks; thence with the same to include the waters of Camp Creek and Bear Creek to the twelve mile tree on the Scioto; thence eastwardly to the main fork of Little Scioto, half a mile south of old William Monroe's; thence up the same to the beginning, which boundaries compose Seal 'Township. Elections for the same shall be held at the house of old Mr. Downing. The number of magistrates for Nile Township was two; Union, three; Upper, two; Seal, two. James Edison was appointed County Treasurer, William Russell was appointed Recorder of Scioto County.

There was a Court held on August 9, 1803. Robert Bennett was granted a tavern license for $6.00. John Collins obtained a license to keep tavern in the town of Alexandria for one year at $8.00. William Russell qualified as Recorder of the County. Thomas Waller was appointed Treasurer to succeed James Edison, who was appointed but refused to serve. Philip Moore was appointed Inspector of the County.

On the 18th of December 1803, at the December term, Moses Monroe took a tavern license for the County of Scioto, for one year at $4.00. Two-dollars was given for a full grown wolf or panther and one dollar for one under six months. John Thompson was given a tavern license in the town of Portsmouth, for one year at $4.00. Philip Moore took the oath of office as inspector with William Russell and David Gharky as sureties, and ordered that the Inspector furnish the branding iron with the letters, "S. C. S." the town of Alexandria, for one year at the rate of $9.00. On the 4th of July, 1804, Elijah Glover obtained a license to keep tavern in the town of Alexandria, for one year at the rate of $9.00. William Lawson was allowed $8.75 for his services as Commissioner to July 4, 1804. Samuel Lucas was allowed $10.50 for his services as Commissioner. James Edison was allowed $8.75 for his services as Commissioner to July 4, 1804. At the November term, 1804, at the General Quarter Sessions, held at Portsmouth, Ohio, John Collins was granted a license to keep tavern in the town of Alexandria, for one year, at the rate of $10.00. This was the only business transacted at this meeting.

December, 1804. Ata special meeting of the Associate Judges, John Collins and Joseph Lucas, it was ordered that $1.00 be given for a full grown wolf or panther scalp and 50 cents for one under six months. James Edison was allowed $8.75 for his services as Commissioner from April 4, 1804 to December 1804. Samuel Lucas was allowed $10.50 for the same period. William Russell was granted a license to keep tavern in the town of Alexandria, for one year at $9.00. William Lucas obtained a license to keep tavern in his dwelling for one year for $5.00. Uriah Barber obtained a license to Keep a tavern in the town of Portsmouth for one year for $5.00.

On the 3rd day of April, 1805, Levin Belt was Presiding Judge, John Collins, Samuel Reed and William Kendall, his associates. Samuel Gunn was foreman of the grand jury. Henry Brush was practicing law in Portsmouth at that time and John G. Gervais had a suit.

On the 4th day of April, 1805, Levin Belt was Presiding Judge and John Collins, Samuel Reed and William Kendall were Associate Judges. Samuel L. Crawford seems to have been Prosecuting Attorney at that time.

On the 17th of June, 1809, there was a called meeting of the Court. James Thompson and Christian Bacus were charged with assuming authority of trustees of Green Township. John Collins, were led to the bar in the custody of the sheriff, and it being inquired of them whether they were guilty, whereupon divers witnesses were sworn and examined and the prisoners heard in the own defence. On consideration whereof and of the circumstances relating to the crime, it was considered by the court that the said Tuned Tae and Christian Bacus enter into recognizance in the sum of $30.00 each, with securities in the same amount, or, on failure that the said James Thompson and Christian Bacus be remanded to the jail of said Countty. They gave bail to appear at the next term.

On the 4th of September, 1809, Levin Belt was the Presiding Judge and John Collins, Samuel Reed and William Kendall were the Associate Judges. Samuel Lucas was foreman of the jury. At this term Emanuel Traxler was indicted for assault and battery on James Thompson. He was fined $5.00 and costs.

On the 5th of September 1809, Cynthia Belli, widow of John Belli, of Scioto County, Ohio, was granted administration on her husband's estate. William Kendall and Thomas Waller were sureties ou her bond of $5,000.00. Cynthia Belli, administratrix of John Belli, filed her petition to carry out a real estate contract and the petition was granted.

ates. William Lawson was foreman of the grand jury. Jessup N. Couch was appointed Prosecuting Attorney. in place of Samuel F. Crawford, resigned, for that term. Elijah Glover was indicted for assault and battery and pleaded not guilty. He was tried by a jury on Which Aaron Kinney, Samuel Van Hook, John Wright, Samuel Gunn, Benjamin Feurt, Henry Rickart, Henry Hughes, Uriah Barber, George Sallady, John Brouse, John Logan and Davis Murphy were jurymen. They found him guilty. The jury was polled ana counsel for the defendant moved in arrest of judgment because of errors and defects in the indictment. The Court found the motion good and arrested the verdict and discharged the defendant. John Browu sued Elijah Glover in slander and by agreement of the parties, the defendant was given leave to give any evidence that wouid be in justification. It seems that Elijah Glover also had a slander suit against John Brown.

On Monday, April 16, 1810, John Thompson was the Presiding Judge with William Russell and Charles F. Mastin as Associates. Alexander Curren appeared and tendered his resignation as Clerk and Havillah Gunn was appointed Clerk pro tem. James Edison was foreman of the grand jury. Jessup N. Couch was appointed Prosecuting Attorney for the term.

On the 25th day of May, 1810, there was a Court held with John Collins, William Russell and Charles Mastin present. 'The meeting was held for the special purpose of appointing a Clerk pro tem in place of Havillah Gunn, resigned. James Munn, the Coroner, also resigned. John R. Turner was appointed Clerk pro tem and took the oaths prescribed by law. He held this office until 1855. Alexander Curran handed in his resignation as Recorder of the County. It was accepted and John R. Turner was appointed Recorder in his place. Whereupon the Court dissolved, signed, "John Collins."

We should find them from May 10, 1803, but none are to be found in the Court House earlier than June 8, 1812. What has become of the Journal between May 3, 1802 and June 8, 1812, no one about the Court House could tell, and it was impossible to interest the Board of Commissioners in its recovery.

The lost Journal contains the organization of all the townships created in the first nine years of the existence of the County, and their boundaries, but that information is forever lost. and the facts which would appear in th» lost Journal can only be obtained collaterally if at all.

. Clingman was referred to in all records as Washington Clingman. The Clingman family was a large one, and among the first settlers. This particular Clingman took up all the land between Cole's Hill. two miles from the Court House in Portsmouth and the foot of Houston's Hill and between the Scioto iviver and Martin Funk's tract. Houston's Hill was first called Clingman's Hill and should have retained the name.

This Jacob Noel, who is recorded in the first journal, was Colonel Jacob Noel, He was a son of Phillip Noel, who came from Virginia with a numer-

Militia Colonela were elected by their commands, and so this particular Noel must have been well thought of by bis neighbors. He was. a commissioner of the County for fourteen years, the longest period any commissioner of Scloto County ever held office, but he was born in Virginia, and that is all that is necessary to atate in explanation of his long service in this office. :

When we reflect that Piketon is now in the center of Seal Township and the city of Lronton ia Upper, we can understand how much larger Scioto County was territorially in 1812, than it Is now.

On August 12, 1812, Gen. William Kendall, who is in evidence everywhere in the early records of Scloto County, was allowed $1.75 per day for his xervices, and the Associate Judges were allowed $3.00 per day at that time, although soon after, their per diem was fixed at $2.00 per day, and so remained while they were in office,

On September 9, 1812, Doctor Thomas Waller is mentioned as.a Commissioner, In his time no public business was transacted unless he was consulted and in It, He was not only consulted about the physical Ms of the people, but advised about their business as well, He was worthy of every Imposed upon him, and one of the best citizens any County could boast

Some of the acts of the Commissioners at this time consisted in allowing for wolf scalps, and they put the allowance of record on July 31, 1812 to tenatius Burriss and Anthony Worley, $1.50 for three scalps.

There were two Russell families in Scioto County in the pioneeer days. This particular John Russell belonged to that family which went to Illinols. There has been no representative of this particilar Russell. family in the County, for over 60 years,

On October 8, 1812, the Commissioners took a slice off Jefferson Township and added it to Madison, This was a common practice m the early days, and it was done to gratify the fancy of any settler on the border of a who imagined he would rather live in the adjoining Township, than the one he found himself in. Then if he wanted to be a Township officer, in the Township be resided in and could not be, he was attached to another township where he was better appreciated.

On June 13, 1818, the commissioners allowed Richard $25.00 for being the Prosecuting Attorney of Scioto County at Angas jon 1812, This Richard Douglas was the grandfather of the Hon, present Common Pleas Judge of Ross County and the Hon. Albert pom the same County, Richard Douglas at that time practiced in Scloto ' It will be noticed that the services were rendered in August 1812, but were Ot allowed for till January 1813, This was the custom in the first days. hody was honest and everybody was easy in the collection of claims,

At the same time, Levin Belt, another Chillicothe lawyer, was alicell $25.00 for Prosecuting Attorney at December term, 1812. Belt was not the law- - yer Douglas was. In the language of Dickens he was a "slow coach." He Apo born an Wnglishman, but learned the secret of obtaining official positon of native born Virginians and practiced it as well as they did. In the first twen years of the history of Seioto County, Chillicothe furnished almost all its: eens talent, and could do so at the present time, if called on. Levin Belt has a daughter buried in the oldest part of Greenlawn Cemetery. She was the first - wife of Henry Buchanan, the Banker,

On June 8th, 1818, it appears that horses were assessed at 80 cents head, cattle at 10 cents per head and other property at one-half of 1 per ad valorem. These were halcyon days for the poor afflicted tax bearer.

The rate for taverns in Alexandria in 1813 was $9.00 and that of Portsmouth only $5.00. Think of the fact that in 1813, Alexandria was still a more important place than Portsmouth! There is not even a vestige or It In existence. The taverns on the Portsmouth and Chillicothe roaa, which were Phillip Noel's tavern at the Aaron Noel place, John Lucas tavern at Lucasville and Martin Funk's on the Micklethwait place, were taxed at $7.00, two dollars more than Portsmouth. This discloses the fact that the wagoners would not remain in Portsmouth over night, if they could help it and' that the Country taverns had the most custom.

The wagoners were evidently afraid of Portsmouth malaria, though there was at that time plenty of good corn whiskey to neutralize its effects.

At this session ferry rates were fixed at $4.00 per year each, for the Scioto and the Ohio. At the Scioto river ferry the charges were to. be 6% cents each for a single person, 12% cents for a man and horse and 7» cents for a loaded wagon and team. Across the Ohio, one person paid 10 cents, horses and cattle 6% cefits, loaded team $1.00. A four wheeled carriage or empty wagon was charged 75 cents, horse or head .of cattle 10 cents, sheep or hog 3 cents. At the Little Scioto ferry, the rates were somewhat less.

In June, 1814, the rate for tavern licenss in Portsmouth was made $12.00 and Alexandria $6.00. Evidently the importance of Portsmouth has advanced. Taverns on the Gallipolis road were fixed at $y.00, and on the Chillicothe road at $8.00.

At the June session 1814, collectors of taxes for the several Townships were appointed. Franklin, Seal and Upper are still named, and Bloom first appears.

On,December 6, 1814, N. K. Clough was allowed $83.33 as Prosecuting Attorney. This was his first appearance in the Commissioner's Journals, and the rate of allowance was $100.00 per year, which was the usual rate at that time in all the counties.

In that time he received and disbursed $1600.00. At the same time John R. Turner was allowed as clerk for the Commissioners for six months, November, 1815, to April 12, 1816, $12.50. Happy tax payers, happy people! But then John R. Turner lived out of and off of his garden at that time, and Gen, Kendall off his farm.

At the same session, Thomas Bennett was allowed $5.00 for listing Bloom Township. One of the present generation of Bennetts living there now, would be allowed about $80.00 for the like services.

On October 22, 1816, William Jones, Portsmouth's first school teacner, was allowed $8.00 for listing Union Township which then covered about ten times the territory of the present Union Township.

In 1817 Nathan Wheeler, Sheriff, was collector of the residents' land tax, The duplicate given him was $1012.00, and his commission was $60.72. He colfected $892.50 and returned as delinquent $49.87. He was a prominent citizen in his time, but his last resting place is utterly unknown to the present generation, though he died in Portsmouth, Ohio, in 1828, He was probably buried where the Burgess mill formerly stood, and his remains uever removed in 1829, when that burial ground was vacated.

} On January 31st, 1817, Gen. William Kendall was allowed $25.95 for money loaned the County, while John Young was building the Court House which stood on Market street.

On December 27th, 1817, Nathan Wheeler, collector of residents' tax accounted for $1141.55. His commission was $68.46. The defalcations were $188.07 and he paid over $079.60%4. F

On June 11th, 1819, Nathan Wheeler reported the County duplicate at $994.54, his commission $97.25. Amount collected $875.34. delinquent $119.20.

On June 17th, 1819, John Noel, a very important citizen of his time, was allowed $9.00 for listing in Wayne Township, which then extended two-thirds of the way to Lucasville and very near to Sciotoville.

October 5th, 1819, the commissioners sat for 9 days. They were then allowed $2.25 per day. In these times the commissioners met in March, December and June, three times each year, and scarcely ever at other times.

On January 9th, 1820, Nathan Wheeler, County Collector settled. He reported the duplicate $1085.52%, his commission $83.31 and he collected $962.58%.

On May 4th, 1820, the allowance of the Commissioners from December 2nd to this date was entered, and it was as follows: David Jones, $13.50; Jacob Noel, $13.50; Samuel B. Burt, five days, $11.25.

On December 5th, 1821, the commissioners allowed Robert Reynolds $40.00. per year for taking care of the Court House. This was a reduction Bs $10.00 per year from the two preceding years.

At this time Samuel M. 'Tracy appears on the records as Proeccattien Attorney, which office he held continuously till January, 1850. He received his first allowance on June 21st of this year, at the rate of $100.00 per year. He began in May term 1821.

On vune 3rd, 1822, Simon Delong began his long career as a public funetionary. He was allowed $6.00 as lister for Wayne Township, and William lamb was allowed $4.00 as lister for Green.

Horses to be assessed at 25 cents on each $100 value, and cattle above three years at 10 cents. Houses in towns were to be assessed 50 cents on each $100.00 valuation,

On March 5th 1823 the Commissioners had a fit. of economy and ordered that hereafter only $20.00, payable quarterly, be allowed for cleaning the Court House for one year. Simon De Long was given the job, and he was to be responsible for all damages occasioned by his neglect.

At the same session David Gharky was allowed $130.00 for his services as Auditor. These allowances to the Auditor were usually made at the March, June and December sessions of the Commissioners.

April 1st, 1828, John Noel as County Collector, reported the total County _ levies $1112.97, delinquent tax in Portsmouth $22.48, in the County $18.20, his compensation $107.22.

On March 3rd 1824 David Gharky, Auditor, was allowed from Dec. 4th ety to March 4th, 1829, for services as Auditor, 39 days, and $1.50 postage,

Simon De Long seems to have been jailer at this time, as he was allowed at this session $22.75 for boarding this horse thief 89 days, and washing 50 cents. The board was 25 cents per day.

He was also allowed $128.11, as County Collector, for collecting $1281.12. bt Samuel Dole for one cord of wood for the Court House, was allowed

June 25th 1824 Simon De Long, for attending the Commissioners at their June session, was allowed $1.25. On the 16th of July 1823, ne was allowed $6.00 for Court Constable at the July term 1824.

Here is one item for the printers to read. On September 7th 1824, John and James Carnahan were each allowed for advertising the county receipts and disbursements for 1828, $7.87.

On April 28rd 1825, Old Peter Weaver, the colored man appears on the scene. A sketch of him and his wife appears under the Pioneers of Scioto County. His faculty was "Waiting on de Co't', and he was allowed for it av April term 1825, $3.00.

William Kendall, for making a map of Scioto County, was allowed $17.50; 11 maps for each township, $33.00; plats of the towns of Portsmouth, Alexandria, Lueasville and Concord, each, $2.00 - $8.00.

June 8th, 1825, Jacob Clingman, Treasurer, settled with the County Commissioners. The duplicate was $2824.841%4, and his per centum was, $100.00. His bond was $4,000.00.

At this session in 1825, horses were taxed at 30 cents, cattle above three years at 10 cents; and other property at one-half of 1 per cent of value.

On June $th, 1825, James W. Huston was employed to repair the Court House. The cupola and railings around it were repaired and painted white, the roof was painted Spanish brown. The door and frames were painted white, and the Venetian blinds were painted green. The bid was $78.87% and $39.00 was advanced the contractor.

'aneest 6th, 1825, Simon Delong was allowed for abiaaiiee Court. He was employed about the Court House most of the time till about 1834 when it is said he died. At any rate, he disappeared from the public records about that time.

Peter Weaver was allowed $6.00 for attending the Supreme Court for six days. No one could wait on the Court like old Peter, and he had the job as long as he could attend to it, but the Commissioners had an extra helper it August, 1825, in Samuel G. Jones, who also attended the Court at that time.

October 15th, 1825, William Kendall finished assessing the County. He was engaged 57 days at $2.00 per day. His bill was $114.00 for himself and $2.0u paid a hand to assist him in comparing lists, 3 quires of paper at 75 cents and team 75 cents were used. .

It seems that at this time Robin Hood was a guest of the Scioto Jail, and had been from October 3rd to the 20th, for which Samuel G. Jones, who was jailer, was allowed $4.50 and $1.00 witness fee in the case of the State against Robert Hood. d

At the same session William Lodwick & Co. were allowed $4.50 for a ream of writing paper furnished John Turner, Clerk, and $1.75 for 6 yards of \ linen at the jail.

Samuel M. Tracy was appointed Attorney for the Commissioners further order, The further order never came until January 1850, and in ae this period not one official act was performed by a County officer unless Samual ny M. Tracy had advised it, and said it was legal. The County officers a Y= general public had the most complete confidence in the legal ability of Tracy. When he advised anything it was done, and if advised against Ng thing that thing was dropped. Many of the wags of that day said a Cour ty officer would not turn around unless he had Samuel Tracy's permission before hand. There was more truth than romance in this remark.

On December 6th, 1825, there is a solemn entry in the journal that Simon DeLong was appointed to take care of the Court House, to keep it clean, é to attend the Commissioners at their regular and extra, sessions, to furnish them with water, and to keep the doors and windows closed when cx was not in session. The appointment was for one year at $4.40 per quarter. '

Samuel G. Jones was jailer at this time. He had a gift for doing | thing required, and was employed to put a lock on the dungeon door of t jail. 'William Lodwick 'was paid $6.75 for the lock.

March 7th, 1826, David Gharky, as Auditor, was allowed from Teemban 4th, 1825, to March 4th, 1826, $21.92 for his regular services, and $12.00 for extra services. ae

4 On June ist, 1826, George Washington Clingman, Collector, made settlement. ani. The whole duplicate was $1352.25; delinquent, $128.24; his compensation,

On June 5th, 1826, the Commissioners, Auditor and Assessor met as a Board of Equalization and concluded the business in one day. This is to be read by the present County Board as a suggestion.

The Auditor reported the expenditures for one year $1878.92. sein The Treasurer reported the duplicate collected $1792.02. His commission seein aad Clingman was appointed County Treasurer and his bond fixed at

On June 8th, 1826, the Auditor, was ordered to contract for three tables, two for the Court and one for the Commissioners and to sell the old bar table.

John R. Turner was ordered to move the postoffice out of the Court House. Charles Crull, one of the Commissioners, dissented from this order. $5.06 On June 24th, 1826, John Cockerill, for killing three wolves, was allowed

. On the same day Gen. William S. Murphy, of Chillicothe, for defending Andrew Compton, was allowed by the Court $10.00. This was the first allowance for defending an indigent criminal made in Scioto County

On June 27th, 1826, Thomas Harris, a colored man, for attending the Court 5 days, was allowed $2.50. Samuel Kellerson, fur killing a wol?, was allowed $2.00.

e On July 24th, 1826, Samuel G. Jones, for making 2 tables for the Court was allowed $6.75, and he credited the bill $1.00 for old bar table.

On October 11th, 1826, Moses Gregory was appointed Collector in place of William Carey, deceased. At this point Moses Gregory began that long period of office holding which only ended with his life. He gave bond with James Lodwick, John McDonald and Murtaugh Kehoe sureties. This was Col. John M. McDonald, author of McDonald's sketches, published in 1838, who at that time was a resident of Portsmouth,

On October 26th, 1826, Maria Lewis of Bloom Township, adjJuaged Insane, was placed in the care of Isaac Hull to keep her for $50.00 per year, payable quarterly.

'In October 1826, Peter Weaver was himself again. He was at the old job of "Waiting on de Co't'"', and received his stipend. Samuel G. Jones and Joseph B. Andrews were Court constables at the same time.

On November 15th, 1826, N. R. Clough, for defending state versus David Vaughn in 1824, was allowed $8.00. He waited a long time for his pay.

March 7th, 1827, the Commissioners ordered a petition to be circulatea to raise funds to.build a bridge at the mouth of the Little Scioto. Wvidently they felt the county would not undertake it.

On April 20th, 1827, the Commissioners were at the mouth of the Little Scioto to take subscriptions for the bridge. Col. John McDonald was there on the part of the County to receive them.

William Carey, the Sheriff of the County, died in office, October 4th, 1826, and Uriah Barber, Coroner, acted as Sheriff from October 15th to November 15th, 1826.

On the same day Joseph Woodring was relieved from payment of is taxes, The Treasurer settled from June 26th and reported receipts, $2861. compensation, $114.44.

Here is an item for the publishers of the newspapers of the present to read, and then fall on their knees and thank God they did not live then

On March 8rd, 1828, the Commissioners ordered a necessary built on the ail lot for the convenience of the public, six feet square, 7 feet high, one board with three seats, weather boarded and covered with joint shingles [ one door hung and fastened. On the same day, the one pair of Taine or dered were paid for, $1.25 to William Lodwick, and the two pair to James in wick at $3.00. t

On March 27th, 1828, the commissioners met at the jail to consider t situation of Allen Moore, adjudged as an insane person, The Board inv: gated his state of mind, and were unanimous that a physician would be of 1 ' service, and that from the letter of the law he did not come under their , tice. They charged up $2.00 each and went about their business. :

'i On June 2nd, 1828, the Commissioners ordered that when the public pat f was repaired, a good and sufficient pump be placed in it, the pump stock banded, and the spout banded and strapped with iron, the County would 1 $10.00 towards the repairs. '< On June 4th, 1828, John Cockerill was paid $2.00 for killing two ce : wolves. . a! * On June 19th, 1829, Moses Gregory, Sheriff, was allowed $30.00 to oe

On September 13, 1828, Simon De Long, for fetching water ana m fires at the Court House for six days, was allowed $3.00. William Lucas, H. Thompson and Hugh Cook were Court Constables at the September ter) of Court. .

Mrs. C. R. Menager Joseph Winoux Devacht

On March 2nd 1829, David Gharky, qualified as Auditor for two years. His bond was $2000, with James Lodwick and Col. John McDonald as sureties.

On June 4th, 1829, Charles O. Tracy was appointed agent of the Commissioners to obtain grounds for the Public Building. This was the first move to-~ wards the new Court House which did not materialize till 1837, eight years later.

On June 8th, 1830, the Lawyers and Doctors were assessed for the first time, though the law passed in 1828. There were only five lawyers assessed, N. K. Clough, Samuel M. Tracy, Charles Tracy, Edward Hamilton, and William VY. Peck. Clough and Samuel Tracy were assessed at $500.00 each and the tax on each was $4.00. The others were assessed at $300.00 each and paid $2.40 each tax. This tax was a good one, as a Registry tax, although it realized only $15.20 that year. It continued each year until 1851 when the last assessment was made. The tax was never complained of. If too high it was worth the tax as an advertisement. If too low, the lawyer got off easily.

The same was true of the Doctors. There were six taxed in the County in 1830. Three of them were in Portsmouth, N. W. Andrews, G. 8S. B. Hempstead and Allen Farquhar. Their incomes ranged from $300 to $600. The tax on them was $21.33.

On December 6th, 1830, Edward Cranston took his place He was a man ot the strongest will of any one who ever held the offics. He ruled the Board and all in contact with him and did it well.

On December 25th, 1880, the Commissioners held a session. This fact ought to be explained, and the only explanation is that on that day they employed Simon De Long to keep Mahala Murphy, an insane person, at $5.00 per week, (an enormous sum then) until the Auditor could find some one to do it cheaper. However, she did not trouble the public long, for on December 30th, following, old Peter Weaver was paid $1.00 by the County for digging ner grave.

On March 7th, 1831, Moses Gregory became Auditor and held the office for 10 years.» He exercised more influence in County affairs than any Auditor before or since, and demonstrated the fact' that that office is the most important in the County.

Charles O. Tracy in retiring from the office was allowed $44.84 for his services, and an extra compensation of $2.00 per day for 17 days, $34.00, because the statute did not fix a fair compensation.

On March 9th, 1831, a bridge was ordered built over the rittle Scioto at its mouth and Seymore Pixley directed to circulate a petition therefor.

The bridging of this stream at this point caused the Board more trouble, required more attention than any public business the Commissioners ever had on hand, allowed $25.95 he had loaned toward the erection of the Court House. On June 3, 1817 the new Court House was received from John Young. This is all we find in the Commisioners' record as to its cost. It had a foundation of stone and its walls were brick. It was forty feet square. The foundation came two feet above the ground. It was two stories high and had a tin roof. It had a cupola 12 feet high with a figure of the Angel Gabriel cut in wood on the spire. The entrance was on the south side only. It had four windows below in front and five above. On the east and west, it had four windows below and four above on each side. It had two fire places on the north on each side of the judge's desk. This was three feet above the floor. The Clerk's desks were in front of the Judges', 18 inches above the floor. It had a prisoner's box 3 feet above the floor. It had two seats, one for the guard and one for the prisoner. The bar was eighten feet

On the east and west were three tiers of seats. The first was fifteen inches above the floor and each tier was 15 inches above the other. The the door and bar enclosure. The prisoner's box was at the south side of the bar. 'The stairway was in the southwest corner. The lower room was nine feet high and the upper ten feet. The floor of the court room was paved with brick eight inches square. On the second floor, the courts were held in Gharky's cabinet shop near the Point. Afterwards in the Hamilton Hotel, on the site where B. Augustine now resides, and then in the McDowell building, corner of Market and Front bids for it were received as early as June 7, 1814, but it was not built until 1816. In 1823 John R. Turner had charge of the Court House. Sunday or day schools were forbidden to be held in it. Religious societies were allowed to use it by leaving it as clean as they found it. - This Court House was sold October 15, 1836 for $325.00 on 90 days time, the buyer to furnish free a place to hold court, November, 1836, and the first Court in 1837. In 1821 the corporation election was held inthe Court House, as we presume it was before and after. On December 3, 1827, an inventory of furniture .in the first Court House was taken and placed in charge of Simon Delong. Here are the items: 1 writing desk, 2 square tables, 1 set windsor chairs, 1 set split bottom snuffers, 1 tin bucket, 1 glass tumbler. Delong was ordered to procure two sets of small and irons and one large and take charge of them for the use of the Court House and no where else.

The Commissioners heated this Court House with wood till December 6, 1831, when they changed to coal but spelled it "cole." They fifty cents worth of Ruluff Whitney. Simon Delong took care

In 1829, a move was made for a new Court House. Charles O. Tracy was appointed by the Commissioners to receive propositions for a location. He published an invitation for offers in the Western Times.

On June 23, 1835, C. A. M. Damarin reported he had borrowed of the Ohio Life Insurance and Trust Company, $10,000 at 7 per cent, to be repaid in 5, 6, 7, 8, and 9 years, interest to be paid semi- -annually. This was under the Act of March 7, 1835 to authorize the Commissioners to borrow money to build a Court House.

On September 18, 1835, the Court House was ordered built on lot 380, 16 feet from the south line and 16 feet from the west line. S. M. Tracy drew the contract. William Kendall was ordered to dig a well in lot 369.

On October 16, 1835, General Kendall's bond as contractor was approved and the contract signed. The plans were the same as the Court House at Ravenna, Ohio. $45.00 were paid for the plans and

On January 10, 1837, Gen. Kendall was allowed $1,000 and on March 7, 1837, he was given $1,000. On May 22, 1837, the County borrowed $7,119 out of the Surplus Fund to build the Court House, at 6 per cent and $3,000 was loaned General Kendall on his giving a note signed by J. and W. G. Whitney, Stephen Kendall, Wilson Gates and Samuel Dole.

On September 11, 1837 General Kendall notified the Commissioners that the Court House would be ready September 18. They ordered him to grade and macadamize about the Court House.

November 13, 1837, the Commissioners paid Joshua Barbee for chairs and settees for the Court House $121. On same date the Commissioners sent a petition to the Court of Common Pleas to make regulations for the Bar in the use of the Court House.

On December 6, 1837, Moses Gregory was allowed $150 for Superintending the Court House and Oliver Lindsey, Sheriff, ordered to take care of it at $25.00 per year and allow no elections or public meetings in it.

November 18, 1837 the new Court House was occupied. The 'Tribune said that it was the most complete and elegant in the broad west. It faced West on Court street 68 feet and south on 6th street 45 feet. It had on the south a pediment front supported by six Ionic columns of polished stone, the frieze and cornice being of the same material. The cupola was an octagon, pointed, in the same color with base pedestal. 'The first story had four rooms for the principal County officers, a large entrance hall and two flights of stairs, one of which was to the main entrance and front of the last room and the other to a private passage back of the Court room from which the Judges ascended to their seats by a few steps. 'The clerk's desk was one step above the bar floor and the Judges' seat was four steps.

On May 15, 1882, an addition was ordered. On June 14, 1882, the bid for the addition $4,407.25 was accepted and August 14, 1882, $4,000 was borrowed to pay for it. This addition is the whole part north of the present 'Treasurer's office above and below, and embraces the hall above and below and the Auditor's north office, the Probate Judges' office on the first floor and the Clerk's office and the jury rooms above.

In September 1894 the Court House was provided with steam heating. 'The steamhouse, pipes and radiators cost $2,228 of which $658 was for the boiler house and $1,370 for the steam heating.

The first jail was built in 1805. It stood on Market street on the West side between Front and Second streets, where the Elk restaurant now stands. It was 18 feet square. The floor and foun- dation was of hewed logs. It was eight feet high and had a log ceiling. The door was made of puncheons three to four inches thicl: and 12 inches wide. 'The door was fastened by a padlock and chain. A man and his wifé were confined there charged with stealing clothing from William Huston. They were tried, convicted and sentenced to whipping. The man received 39 lashes and the woman 18. Joshua Parrish, the Sheriff, did the whipping and it was on their bare backs. Owing to the loss of the County records up to June 8, 1812, the cost of the jail cannot be given.

was built of stone by Elijah Glover, Senior. It stood where Brunner's store now stands on the Northeast corner of Second and Market streets. In 1808, William Peterson confined in this jail, was found guilty of larceny and sentenced to 17 lashes. He was stripped to the waist, his arms recrossed around a beach tree in front of the Market streets. In 1808, William Peterson confined in this jail, was lashed at that place. The whippings brought the blood and welts were raised on his back 34 of an inch. The second jail had one dungeon and one upstairs room. 'Thomas Hatch kept the jail as it adjoined his residence.

was ordered built on June 7th, 1833. It was to stand on lot 369 and was built on the southeast corner of the present Court House lot, across the alley from J. B. Nichols present residence. The Commissioners tried to obtain the lot 385 on the northwest corner of Sixth and Court streets but failed . On December 12th, 1833, the Commissioners examined plans for the jail and offered to let the contract but there were no bidders. 'They had advertised for bids in the Portsmouth Courier. On December 27th, 1833, the jail was let to Isaac Noel, for $3,500.00, to be completed December 7th, 1843. On March 5th, 1834, Isaac Noel gave bond as contractor for the new jail, with Hugh Cook and John Noel as sureties. September 1, 1834, the Commissioners had a row with David Gharky, Treasurer, as to money to be paid Isaac Noel on the new jail. He threatened to pay out the jail fund on County current orders. 'The Commissioners notified him that 1%4 mills of the funds he had was for the County jail, and that he must hold it. 'The Commissioners sold John Orm a note of $141.00 on John Rouse and David Jones to raise funds to build the jail. On December 11th, 1834, the Commissioners borrowed $300 from David Gharky, Treasurer, to pay Isaac Noel on the new jail. On December gth, 1835, the Commissioners examined the jail and found it unclean and unwholesome and ordered it cleaned. On June 2oth, 1836, the Commissioners met to settle with Isaac Noel for building the jail. On June 25th, 1836, William H. Peck, appointed by the Commissioners, examined Isaac Noel's accounts and allowed him $468.068% for extra:work. 'This jail was a stone structure fronting on Sixth Street, on the corner of Pine alley. It was never a satisfactory affair, but there was no_teflection on Isaac Noel for it. He seemed to stand very high in public esteem, at the time he was building this structure and was a favorite with the County offcers. 'This jail had to have an outside guard at times to keep outsiders from breaking in and letting the prisoners out. Levi Barker was one of the guards.

is the present one. On December goth, 1858, the Legislature was petitioned for authority to build a new jail. 'The law desired was passed March 4th, 1859. $20,000 was allowed but not more than $10,000 was to be raised in one year. Ohio Laws Vol. 241, 266. On March gth, 1859, the Commissioners ordered a vote on the erection of the new jail, at the April election. No record of the vote is found on the Commissioners' Journals, but it must have been favorable. On March 8th, 1860, the Commissioners bought lots 370 and 379 of a Mrs. Custer on which to build the jail. On April 20th, 1860, the old stone jail was ordered vacated so that the material could be used for the new. 'The prisoners were sent to the Pike County jail.

The Constitution of 1802, Article VI., Section 1, provided that there should be elected in each County one Sheriff and one Coroner at the election when representatives were elected; that they should be elected for two years and only be eligible four years out of six. No _ other County officers were named in the Constitution of 1802.

The Constitution of 1851 provided that County officers should be elected for terms not longer than three years and provided that the Sheriff should not hold office more than four years out of six. Hence the Legislature cannot tinker with this office or County Treasurer as.it has with all others. 'The Legislature tried to extend the term of Sheriffs by the act of April 12, 1898, Ohio Laws, Vol. 93, page 352, but the Supreme Court, in State ex rel. Heffner 59 O. S. 368 held the Act void.

The office is of the greatest dignity and importance. Under the Constitution of 1802, the Sheriff was usually appointed Collector of Taxes and was often the Assessor of the County. He is the Chief Conservator of the Peace in the County.

County Officers

The duties of this office were first discharged by a Clerk of the Commissioners. 'The Commissioners' records of Scioto County prior to June 8, 1812,-are missing but it appears that John R. Turner was the Commissioners' Clerk in 1812, and he so continued by appointment from year to year until 1820. The Legislature on the 18th of February, 1820, (Chase Vol. 2, 1102) provided for the appointment of a County Auditor to supervise the transfers of the County. The appointment was by the General Assembly by joint resolution and the appointee in"each County was to have $2.00 per day for making the tax lists and $1.75 a day for recording. Under this act, General William Kendall was appointed Auditor of Scioto County and served until September 22, 1821, when he resigned. The act of February 2, 1821, provided for the election of Auditors annually, who took their _ office, March first each year. (Chase Vol. 2, 1188). Under this act Mr. David Gharky was elected. In February 1824, (Chase Vol. 2, 1176) the term was made for two years from March first. Under the former act and this act, Mr. David Gharky continued Auditor of Scioto County until March 1, 1830, when he resigned and Charles O. Tracy was appointed and served until the following March. In October 1830, Moses Gregory was elected Auditor and took the office March 7th, 1831. He was re-elected 1832, 1834, 1836 and 1838. On March 28, 1877, (O. S. Vol. 74, 381) the term was made three years instead of two, and the Auditor was to take his office on the second Monday after his election. On May 18, 1886, by an amendment to Section 1013 of the Revised Statutes, the Auditor was to take his office on the second Monday of September after his elec- tion. On May 2, 1894, the Auditor was to take office on the third Monday in October, and stands so at the present time. The conpensation of the office was first by allowance made by the Commissioners, then by fees and allowance both. In 1877, the law provided a salary for the office according to the population of the County. The roster of the Auditors of Scioto County from the beginning is as follows:

This office was created August I, 1792, under the Northwest Territory. He was appointed by the Governor. A new Act was put in force December 19, 1799, but the re-appointment remained with the Governor. Each County Treasurer gave bond in $3,000.

By Act of April 16, 1803, the County Treasurer was appointed by Associate Judges and received 3 per centum of moneys received and accounted for.

On January 24, 1827, Chase Vol. 3, p. 1542, the office was made elective under the Constitution of 1802, and there was no bar to a County 'Treasurer being re-appointed, or re-elected as often as he could obtain the office.

On June 18th, 1795, the Governors and Judges of the Northwest Territory enacted a law taking effect August Ist, 1795, and establishing a Recorder's, office in each county. (Chase Vol. 1, 167). All deeds and conveyances were to be recorded. Mortgages were to be satisfied of record. A Recorder was to be appointed in each County, and give bond. 'The appointment was to be by the Governor.

April 16th, 1803, (Chase Vol. 1, 376), the Associate Judges were to appoint the Recorder for seven years. 'This law took effect October Ist, 1803.

February 25th, 1831, (Chase Vol. 3, 1842), the office was made elective for three years. This law remained in force until 1864 when it was amended by fixing the first Monday in January when they should take their offices. This law on this subject was codified in 1880, and is found in Sections 1137 and 1162. In 1894 the Jaw was changed so as to make his term begin the first Monday of September, after his election.

Recorders under the Territory were appointed by the Governor at his pleasure. In September 1797 John Belli was appointed Recorder of Adams County and served as such until October 1803. Scioto County was part of Adams County from Julyro, 1797 until May 1803, or rather until August 9, 1803, when Scioto County was organized. The Recorders were appointed by the Common Pleas Court from 1803 until 1829 when the office became elective. Samuel G. Jones is said to have been Recorder of the County from its organization to June 26th, 1805.

The first law on this subject was that of April 13th, 1803, which gave the appointment of these officers to the Supreme Court. The Act of February 21st, 1805 restored it to the Common Pleas. The Act of April 16th, 1803, fixing salaries, allowed the Court of Common Pleas to fix his salary. The law of January 23rd, 1833 made the office elective for two years. This continued until the Act of. April 20th, 1881, Vol. 78, page 260, when the term was made three years. The incumbents of the office prior to 1833 are ascertaitred from the Court Journals.

From 1803 to 1814 a period of eleven years, the Prosecuting Attorneys were lawyers, non-residents of the County and residents of Ross County, which joined Scioto County on the north.

The Probate Court was created by the Constitution of Ohio of 1851, and it was one of the mistakes of the Constitution makers of 1851. Its jurisdiction previous to that time was exercised by the Court of Common Pleas. Aside from its Probate Jurisdiction, it is a Court of odds and ends. It has all kinds of miscellaneous duties thrust upon it by the Legislature. The office is usually held by young lawyers.

This office was imported originally from England. It never had any proper place on this side of the Atlantic, but was simply a heritage from England. The Northwest Territoral law making power created the office under the Acts of December 21st, 1788, and July 16th, 1795, which provided for the office and defined its duties. Section 1, Art. VI, of the Constitution of 1802, created the office and made it elective for two years, and one was elected every two years from 1803 to 1851. No one ever took any interest in the office except Uriah Barber and he has been among the immortals since 1846. At the present time the office is given to a young Doctor, as he is regarded as a suitable one to hold post mortems.

We give a list of the Coroners of the County so far as we are able to obtain them, but we are utterly unable to guarantee its correctness prior to 1853.

here is no Commissioners' Journal to be found in the Court House prior to June 12th, 1812. No doubt one was kept and borrowed out and carried off. From the best that can now be obtained it will appear that in 1803, William Lawson was appointed Commissioner for one year, James Edison for two years, and Samuel Lucas for three years. In 1804 William Lawson was re-elected, also in 1807. James Edison was re-elected in 1805, and Samuel Lucas in 1806.

. 1812 - Jacob Noel and William Kendall sat as Commissioners in June 1812. William Kendall and George W. Clingman resigned, ana 1n September, 1812, Thomas Waller and John~ Russell were in their places. On December 7, 1812, Isaac Bonser came in succeeding Thomas Waller. Bonser and Russell were elected in 1812 without designating terms. They cut lots and Russell drew the three years term.

1865 - John McDowell elected for three years. John Claudius Cadot elected to fill a vacancy for one year. John T. Jackson resigned Mareh 7, 1865, A. P. Osborn was appointed in his place.

1887 - Milton W. Brown. September 5, 1887, Henry Holman appointed to succeed Charles A. Goddard, resigned. He was elected to fill out Goddard's term December 5, 1887. He was appointed for one month to January 2, 1888.

The Clerks of the Courts under the Constitution of 1802, were appointed by the Courts for a term of seven years, but before his appointment, except pro tempore, the applicant was required to produce a certificate from a majority of the Judges of the Supreme Court that he was well qualified to execute the duties of the office. If a vacancy occurred at any time, the appointment was made pro tempore until the proper certificate could be procured and filed..

Under the Constitution of 1851, the office was elective for three years, and the term began the second Monday in February triennially. On March 2nd, 1893, the term was made to begin the first Monday in August succeeding the election, Vol. 90, Ohio Laws. Frank L. Sikes filled the time from February to August, 1899.

The first Board of Poor House Directors was in 1846, composed of Joseph Riggs, Moses Gregory and Jacob P. Noel. Their terms of service were as follows:

By the Act of December roth, 1799, (Chase Vol. 277) County Collectors were appointed by the County Commissioners. The Commissioners of each County were to appoint County Collectors yearly, and he might have deputies. He was to take an oath of office. He was to settle annually with the Commissioners. This Iaw was repealed February 19th, 1805. (Chase Vol. 1,.472) and the Lister of each Township was made Collector.

(Chase 'Vol. 2, 771), Act of February 11th, 1812. The Commissioners at their meeting on the first Monday in June each year were to appoint a Collector of County levies, or they could appoint one for each Township. They were to give such bond as the Commissioners would fix and were to collect the taxes before January Ist, following. They were to sell delinquent lands, ete.

The office of County Collector was abolished January 24, 1827. The County Treasurer preformed his duties. Township Collectors were provided in each Township by Act of June 19th, 1795, apponted by the Commissioners and Assessors.

Township Assessors were provided for in the Northwest Territory by Aet of August Ist,1792. They were first appointed by the Judges of the Court of Common Pleas (Chase, Vol. 1, 119) for one year. A refusal to serve incurred a fine of $20.00, but no one was compelled to serve more than one year in every three. October 19th, 1795 (Chase Vol. 1, 169), changed this and made Assessors elected annually on the third 'Tuesday of November. "(Chase Vol. 2, 1477). The Court of Common Pleas of each County was to appoint an Assessor till March 1st, 1827. He could not appoint one or more deputies. March rath, 1831 an Act for the election of County Assess- " ors was passed, (Chase Vol. 2, 1800). They were to be elected biennially in each County, on the second Tuesday of October, for two years. 'They were to give bond in the sum of $20,00v.00, and to take an oath of office. Vacancies were to be filled by the County Commissioners. 'The Assessors could appoint one or more dupties. The Assessor was allowed $1.50 for days sworn to. This Act superceded one passed January 16th, 1827, and one of February toth, 1829 (Swan's Statutes 1841, page 1016). By the Act of March 20th, 1841, this office was abolished and the duties devolved on the Township Assessors provided for by that Act. The list who held the office in Scioto County, is as follows:

1827 - John McDonald. 1827 - James Linn. Elected for 1828 and 1829. 1829 - John Noel. In place of James Linn who had been absent fifteen months. . 1882 - Conrad Overturf. 1835 - Wilson Gates. 1837 - William Lucas. : 1887 - William Jackson. Appointed in place of William Lucas, 1841 - Jonah Merrill.

Provenance

Text from History of Scioto County, Ohio, Together with a Pioneer Record of Southern Ohio, published 1903, in the public domain in the United States and digitised by the Internet Archive.