KNOX COUNTY OHIO - Norton's History of Knox County [Chapter XIII] ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by Dave Ketterer Ketterer@empireone.net September 1, 2002 ************************************************ A History of Knox County, Ohio, From 1779 to 1862 Inclusive: Comprising Biographical Sketches, Anecdotes and incidents of men connected with the county from its first settlement: Together with complete lists of the senators, representatives, sherriffs, auditors, commissioners, treasurers, judges, justices of the peace, and other officers of the county, also of those who have served in a military capacity from its first organization to the present time, and also a sketch of Kenyon College, and other institutions of learning and religion within the county. By A. Banning Norton. Columbus: Richard Nevins, Printer. 1862 Entered according to the act of Congress in the year 1862 by A. Banning Norton, In the Clerk’s office of the Southern District of Ohio. ____________________________________________ CHAPTER XIII. NOTABLE EVENTS OF 1815. NINTEEN INDICTMENTS FOR FIGHTS AND FRAYS.--NEW ROADS ESTABLISHED.--THE JAIL A COSTLY THING.--LICENSES TO PREACH, TO SELL AND TO ENTERTAIN--THE SUPREME COURT FOR SEVEN TERMS.--THE OLD FOLKS SING.-- WHAT PAY SOLDIERS RECEIVED IN OLDEN TIME.-THE LAWYERS GET INTO THE COUNTY.-ELECTION OF 1815 FOR STATE AND COUNTY OFFICERS. The Grand Jury at the spring term of Common Pleas Court consisted of Anthony Banning, foreman, John Merritt, Peter Bricker, John Hawn, David Hawn, John Green, Wm. Marquis, George Davis, Moses Craig, James Strange, Azariah Davis, Jacob Martin, Benjamin Bell and Gilman Bryant. They returned 19 indictments for "assault and battery" and "affrays." Quite a number of the parties plead guilty, and were fined. $2 and costs. Of this Grand Jury but one man is now living. Adnal Hersey, of the Christian Church, was licensed to marry. John Cook, of the Baptist, was also licensed to do the same. Samuel Mott was appoint- ed Muster Commissioner in chancery. Tavern licenses were granted this year to Jonathan Hunt, Elisha Cornwall, Abner Ayres, John Baxter and A. H. Royce; and store license to Nicholas McCarty, George Girty, Eli Miller, Anthony Banning, L. S. Silliman, Gilman Bryant, John Wilson and James N. Ayres. Two important roads are opened this year, namely: from Mount Vernon towards Sandusky, under the supervision of John Lewis, as commissioner, for which he is granted by the county commissioners orders for $1OO, and is paid $15 for his services; another, a road opened by Benjamin Rush, as commissioner, to Mansfield, for which services he is paid $9, and $200 is expended by the county in work upon the same. Among the bills paid in November, 1818, by the commissioners, are: to Anthony Banning, for 182 1/2 lbs. iron, and brick for jail, $26.55, and Archibald Crofferd, for the following work for the county: 1 pr. hand-cuffs, $3: 1 hasp, 50 cents; shackles and hasp, $1 .50; 2 grates, $13.80; eight spikes, 50 cents- $1950. The job of making further improvements to the jail and jailor's house is given to Wm. Douglass at $125. The commissioners were determined, if possible, to make the jail burglar proof. That little log thing was a great institution truly--a first rate concern to sink money in, without any prospect of ever getting it back. SUPREME COURT-1810-16. The first session of the Supreme Court of the State of Ohio held in Knox county was on the 3d day of August, 1810, by Honorables William W. Irwin and Ethan Allen Brown. James Smith was appointed clerk for seven years. The only cases were those of the State vs. Ichabod Nye and Samuel Nye. Upon oath by the defendants that they did not believe an impartial trial could be had, the venue was changed to Licking county. E. Herrick, Esq., attended as prosecuting attorney. The second session was held May 1st, 1811, b two causes were on the docket. Sylvenias Lawrence, for the use of Benjamin Rush, vs. George Davidson, and James Peuthres vs. Samuel Kratzer; both of which were dismissed. No other business was to be transacted, and the court adjourned until the next court in course. The third term was held April 9th, 1812. In addition to the former cases the docket shows the following: Joseph Butler vs. Elizabeth Vendrew; Wm. W. Farquhar vs. James Craig; Andrew Craig vs. Henry McCart and James Cunningham; James Smith vs. Samuel H. Smith; Henry Smith vs. Benjamin Berney; Henry Smith vs. Samuel H. Smith and Benjamin Barney; and Thomas Slater vs. Lovina Slater. Attachments were issued vs. Amos Yarnold and Alexander Enos for refusing to attend as witnesses. The ease of Slater vs. Slater is the first divorce question ever presented in Knox county. The fourth term was held on the 2d of August, 181:3, by Thomas Scott ami Ethan A. Brown. Wm. C. Enos was qualified as attorney and counselor at law as the law requires. The case of Lawrence for use of Rush is dismissed tor want of bond to prosecute the appeal. In Craig vs. McCart and Cunningham, judgment of non- suit is entered, because of non-appearance of Plaintiff. Farquhar vs. Craig is continued, and the defendant is to pay all costs of this term within six months, or judgment, &c. John Jones vs. Joseph Cherry Holmes and George Lybarger the complainant being thrice called did not appear, nor any person to prosecute this suit for him, therefore the injunction is dissolved and bill dismissed. The injunction case of Benjamin Barney vs. Henry Smith is heard by counsel, and the injunction is made perpetual, plaintiff to pay all costs. James Smith vs. Samuel H. Smith is argued by counsel, and the court decide that the defendant go hence, without day, and recover of plaintiff costs, &c. David Davis vs John Cambridge, removed from Licking county, is continued. Slater's divorce petition is dismissed at cost of plaintiff. Lewis Dent and Co. vs. John Wheeler--judgment for plaintiff for $493.80 and costs. Another divorce case, Isaac Bonnet vs. Elizabeth Bonnet, is continued at cost of plaintiff to be paid in six months, and upon condition that he give personal notice to tile defendant of the pending of this suit in six months. On the evening of the 3d of August, having spent two days, court adjourned. The fifth term was held August 13, 1814-Judge William W. Irwin and Ethan A. Brown. John Williamson vs. Samuel Farquhar is continued at defendant's cost. Isaac Bonnet vs. Mary Bonnet, divorce. "After argument the court continued the cause under advisement until the Coshocton Supreme Court. Their decision to be certified from that or some other Court to this Court." The first jury cause ever tried in the Supreme Court for this county is that of Wm. W. Farquhar vs. James Craig. Jury Wm. Harriss, John Harriss, John Sawyer, Jacob Cooper, John Kerr, Bartholomew Bartlett, John Davidson, John Wilson, Thomas White, Francis Mitchell, Isaac Bonnet and Benjamin Martin. Verdict for plaintiff, $103.60. A motion is made by defendant for a new trial, argued by counsel, and overruled by Court. The State of Ohio vs. Martin D. Lewis. On indictment by Grand Jury of Licking county for larceny. On motion, and affidavit of defendant. The Court ordered venue to be changed to this comity, on defendant giving bond of $500 and security in $200 to appear first day of next term. Henry Markley becomes his security. After two days' session, Court adjourned. The sixth term was held August 7th, 1815. Judges Ethan A. Brown and John A. Couch, who produced his commission in room of Hon. Thomas Scott, resigned, &c. The only jury trial was that of Samuel Mott vs. Gilman Bryant. Jury--Isaac Vore, Sr., John Yennoins, Samuel Durbin, James MeGibeny, Joseph Hunt, .John Arbuckle, Thomas Williams, Moses Merrit, George Dial, Wm. Sapp and John Stilley. Verdict for plaintiff, .$5 and costs. Josiah Hedges vs. Samuel Kratzer, Andrew Craig and George Davis. Default against defendants, and cause continued for inquiry. Anthony Banning vs. Samuel Kratzer and .John Williamson. On motion of plaintiff's counsel for dismission of appeal, on hearing the arguments of the parties by their Counsel, it is therefore ordered that the motion be overruled. August 8th, 1815. John Williamson vs. Samuel Farquhar. Continued till next term, on motion and affidavit of plaintiff, and at his costs. Wm. W. Alexander vs. John Wilson. Suit dismissed at costs of defendant, except docket fee in court below, which is not to be taxed to either party. Anthony Banning vs. Samuel Kratzer- and John Williamson. Decree by court for plaintiff, "as per decree on file, signed by Chief Judge." Tile above is a faithful abstract of all the business of this, the sixth, term of the Supreme Court. The seventh term was held August 15th, 1816, by Judges Brown and Couch, the latter having produced his commission for seven years from the 14th of February, 1816. But one cause was tied by jury-Moses Robison vs. Isaac Dial. Verdict for plaintiff, $104.80 and costs. Williamson vs. Farquhar is again continued, with leave to amend, and at costs of plaintiff. Stephen H. McDougal, assignee of Wm. Taylor, vs. Enoch Harris. Judgement by default, for $88.80 and costs. There are four other cases upon the docket, in all of which our old friend Samuel H. Smith figures as Plaintiff or defendant. The other parties are Robert Fulton, Erasmus Beaty, Levi Davis, Joseph Walker, administrator of Philip Walker, and John Walker. On the 16th court adjourned till next court in course. The entire business of seven terms of the Supreme Court for Knox County we have given, that our readers may form an idea of the amount and kind of business dispatched, as also of the old settlers then participating in time luxury of law OTHER MATTERS OF SOME DEGREE OF INTEREST. In February, 1815, George Girty opened a store in Mount Vernon, and also one at Fredericktown. there was but little increase in tile number of business men or in other respects this year. On the 8th of April a "Singing Assembly'" of ladies and gentleman comprising different singing societies in the county, gave a grand concert at the court-house in Mount Vernon, at 1 o'clock P. M. All persons feeling willing to unite and participate in the exercises canine. It was one of the olden kind of gatherings, like the "Old Folks Concert" given in Mount Vernon this spring of 1862, as we have been assured by one of the vocalists who participated in both "singing assemblies". In these war times, while some are disposed to grumble at the low rates soldiers receive, it may be well to remind them of the pay in 1815. In March the pay of non- commissioned officers and privates in the army of the United States was reduced to the following prices: To each sergeant major and quartermaster-sergeant, 9 dollars; sergeants, 8 dollars; corporals, 7 dollars; teachers of music, 8 dollars-, musicians, 6 dollars; artificers, 10 dollars; and privates, 5 dollars. Samuel Mott had come all the way from Vermont to practice law in the wilderness, and was the first lawyer resident in the county. Enos was the second, who, one of the old settlers says, had just been made at home, and "wasn't lawyer enough to hurt." May 9th, II. Curtis takes this way of informing his friends and the public that line has chanced his place of residence from Newark to Mount Vernon, and, in the vacations of the courts, clients will find him in the town of Mount Vernon. In 1817 he became a fixture of the county, and here remained until 1858, as elsewhere told. At the October election this whole county polled 345 votes. Alexander Enos was chosen Representative; John Shaw, Sheriff; Commissioner, .Jonathan Miller; Commissioner, Dr. W. Hastings. Richland county, at this election, gave for Representative- Winn Winship, 156; A. Enos, 22: Robert McMillen, 10.