OHIO STATEWIDE FILES - Know your Ohio: Tidbits of Ohio -- Part 84 ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgenwebarchives.org ************************************************************************** File contributed for use in USGenWeb Archives by Darlene E. Kelley http://www.genrecords.net/emailregistry/vols/00026.html#0006374 July 26, 2006 +++++++++++++++++++++++++++++++ Historical Collections of Ohio And Then They Went West Know Your Ohio Tid-Bits - Part 84 by Darlene E. Kelley notes by S. Kelly +++++++++++++++++++++++++++++++ Tid-Bits Part 84. Judicial Existence In 1810 a committee of the Legislature had been charged with the duty of locating the seat of Justice for Cuyahoga County. This commission was met with the urgent claims of both Cleveland and Newburg, which place last named had a population fully as large as Cleveland, and was regarded as the more healthful location of the two. But as it was, Cleveland carried the day, not so much because of present advantages, but for its prospects in the future. The independant judicial existence of Cuyahoga County, therefore, commenced in May,1810, when the Common Pleas Court was organized. Hon Benjamin Ruggles was presiding judge, and Nathan Perry, Sr., Augustus Gilbert, and Timothy Doan, associate judges. The first official staff of the county elected, or appointed by the judges of the court, or otherwise, was as follows: Prosecuting Attorney: Peter Hitchcock ( of Geauga County ), appointed in June; succeeded in November by Alfred Kelley. Clerk and Recorder: Jon Walworth. Sheriff: Smith S. Baldwin. County Commissioners: Jabez Wright, Nathaniel Doan. Treasurer: Asa Dille Surveyor: Samuel S. Baldwin. ++++++++++++++ The first session of the court was held at the newly erected store of Elias and Harvey Murrey on Superior street, which had not been occupied. One indictment was presented for petit larceny, served for selling foreign goods without a license, and others for selling whiskey to Indians. The session of the succeeding June had to deal with three criminal prosecutions and five civil suits. There was one case of " trespass on the case for eleven hundred white fish of the value of $70, which came into the hands of the defendant by ' finding,' but who refused to give them up on demand, and converted them to his own use." This suit was held over until the next term, when the plantiff failed to appear, and it was dismissed. The other cases have thus been dscribed: " Alfred Kelley, appears in the second case on the docket, on behalf of Ralph M. Pomeroy vs. James Leach. Suit on a note of hand dated October 27, 1808, 'at Black Rock, to-wit, at Cleveland.' for $80, and in another sum of $150. This case continued one term, and then discontinued by settlement. The third case, the famous old pioneer, Rodolphus Edwards, was chosen defendant in the suit of John S. Reed. It was an appealed case from "Justice Erasmus Miles " court, by the plaintiff, the justice having decided that te Plantiff had no case against Edwards. The Plaintiff failed to prosecute his appeal, and the old pioneer was decreed to " go" with the judgment for his costs, $8.54. R.B. Parkman was defendant's attorney. The fourt case was an action of ejectment for a farm in Euclid, in which Alfred Kelley appeared for the heirs of Aaron Olmsted, of East Hartford, Conn., vs Richard Fen, and James Lewis, the tenant; Samuel W. Phelps, attorney for defendants." At the November term, an indictment was presented against, Daniel Miner, for " not having obtained such license or permit as the law directsrto keep a tavern, or to sell, barter or deliver, for money or other article of value, any wine, rum, brandy, whisky, spirits or strong drink by less quantity less than one quart, did, with intent to defraud the revenue of the county, on the 25th of October last past, sell, barter and deliver at Cleveland aforesaid, wine, rum, brandy, whisky and spirits by less quanity than one quart, to-wit, one gill of whisky for the sum of six cents in money, countary to the statute, etc." To this a plea of guilty was entered, and was followed by a fine of twenty-five cents. Another indictment against the same person was to the effect that with " men and horses, with force and arms, ferry over Rocky River," without a license, and for this offense he was fined five dollars and a bill for costs. In like manner this early court, during its first years of existence saw Ambrose Hecox charged for selling "one half yard of cotton cambic, six yards of Indian cotton cloth, one-half pound Hyson skin tea, without license, contrary to the statute law regulating ferries, taverns, stores, etc;: Erastus Miles prosecuted for selling liquor to the Indians; ' Thomas McIlrath for trading one quart of whisky for three raccoon skins; and John S. Reede and Banks Finch for engaging in a " fight and box at fisticuffs." The indictment declared a solemn form that " John S. Reede, of Black River, and Banks Finch, of Huron township, in said county, on the 1st day of February, 1812, ith force and arms, in the peace of God and the State, then and there being, did, then and there willfully fight and box at fisticuffs, and each other did then and there strike, cuff, kick, bite, bruise, wound and ill-treat, against the statue and the peace and dignity of the State of Ohio." >From May, 1810, to May, 1814, one hundred and nine civil suits were entered, the greater number of them being petitions for partition of lands, generally of non-resident heirs, living in Connecticut. In 1814, there was a conviction for theft, and the offender was sentenced " to be taken to the public whipping-post in Cleveland, and that he be whipped fifteen stripes on the naked back, and be imprisioned in jail ten days and pay a fine of one hundred dollars." There is nothing on the records to show that this sentence was carried out. The memories of the oldest settlers, some of whom were qustioned upon this subject, fail to furnish the least light upon the question whether or not early Cleveland was disgraced by the presence of this remnent of barbarism" There appears one case against a father for decoying his son away before the expiration of his term of apprenticeship; a suit for slander in 1812; and the first application for divorce in 1816. From 1820 to 1835, but thirty suits of this character were commenced, and in a large number of cases the differnces were composed before the cause was called in court. The only lawyers who appeared during the first four years are Thomas E. Webb, Alfred Kelley, Robert B. Parkman, Samuel W. Phelps, Peter Hitchcock, John S. Edwards and D. Redick. There was an annual session of the Supreme Court of Ohio in the several counties, under the early judicial system, and the first session in Cuyahoga was held in August, 1810, when William W. Irwin and Ethan A. Brown organized the court, and appointed John Walworth clerk, Alfred Kelley was admitted to practice in the Supreme Court. ++++++++++++++++ An Early Census In the years 1811 and 1812 the town on the Cuyahoga kept going on with a few changes. Verbal census was made by recollection by a careful observer who was there at that time and knew almost everyone and where they lived. Care was taken as best as could be; even though a few could be missing. "Starting north of Kingsbury creek, on Broadway, the first was Maj. Samuel Jones, on the hill near the turn of the road; further down came Judge John Walworth, then postmaster, and his oldet son, A.W. Walworth, and son-in-law, Dr. David Long. Then on the corner where the Forest City House now stands, was a Mr. Morey. The next was near the now America House, where the little post office then stood, occupied by Mr. Hanchet, who had just started a little store. Close by was a tavern, kept by Mr. George Wallace, ( stopped by to take a taste). On the top of the hill, north of main street, Lorenzo Carter and son, Lorenzo Jr., who also kept a tavern ( quick visit !!) The only house below on Water Street was owned by Judge Samuel Williamson, with his family and his brother Matthew, who had a tannery on the side hill below. On the corner of Water and Superior streets was Nathan Perry's store, and his brother, Horace Perry, lived nearby. Levi Johnson began in Cleveland about that time, likewise two brothers of his, who came on soon after, Benjamin, a one legged man; and I think the other's name was John. The first and last were lake captains for a time. Abraham Hickox, the old blacksmith; Alfred Kelley, Esq., who boarded with " Squire Walworth at the time, then a Mr. Bailey, also Elias and Harvey Murray, and perhaps a few others in town not named. On what is now Euclid avenue, from Monumental Square through the woods to east Cleveland, was but one man, Nathan Chapman, wo lived in a small shanty, with a clearing around him, and near the present Euclid Station. (He died soon after.) Then at what was Doan's Corners lived two families only, Nathaniel the older, and Maj.Seth Doan. Then on the south, now Woodland Hills Avenue, first came Richar Blin, Rodolphus Edwards, and Mr. Stephens, a school teacher; Mr. Honey, James Kingsbury, David Burras, Eben Hosmer, John Wightman, William W. Williams, and three sons, Fredrick, William W. Jr.,and Joseph. Next, on the Carter place, Philomen Baldwin, and four sons, Philomen, Jr., Amos, Caleb, and Runa. Next, James Hamilton; then Samuel Hamilton ( who was drowned in the lake ), his widow and three sons, Chester, Justice,and amuel, Jr., in what was called Newburg and now Cleveland. Six by the name of Miles --- Erastus, Theodore, Charles, Samuel, Thompson, and Daniel. Widow white with five sons, John, William, Solomon, Samuel.and Lyman. A Mr. Barnes, Henry Edwards, Allen Gaylord, and father and mother. In the spring of 1812, came Nobel Bates, Ephraim and Jededah Hubbel, with their aged father and mother; in each family were several sons; Stephen, Gilbert, Sylvester Burk, and six sons, B.B. Burk, Gaius, Erectus, etc,: Abner Cochan, on what is called Aetna Street, Samuel S. Baldwin, Esq., was sheriff and county surveyor, and hung the noted John O'Mic, in 1812. Next, Y.L. Morgan, with three sons,Y.L.Jr., Caleb and Isham A. the next on the present Broadway, Dyer Sherman, Christopher Gunn, Elijah, Charles, and Elijah Gunn, Jr., Robert Fulton, Robert Carr, Samuel Dille, Ira Ensign, Ezekiel Holly, and two sons, Lorin and Alphonso, Widow Clark and four sons. Mason, Martin, Jarvis, and Rufus." Then what now is a grand and growing city, could hardly be called a village.A few houses of primitive order located along Superior street between the river and the Pblic Square, with here and there a temporary dwelling in the bushy vcinity, gave but a slight indication that it was the beginning of a future large city. There was no court house, nor a church building in Cuyahoga County, nor a bridge across the river from the outlet to Cuyaoga Falls. Te outlet of the river, at that time, was some 120 yard west of where it is now, and was sometimes completely barred across with sand by storms, so that having on lw shoes could have walked across without wetting their feet. A ferry at the foot of Superior Street, consisted of one flat-boat and a skiff, answered the purpose to convey over the river all who desired, for quite a number of years. The first water supply for extinguishing fires in Cleveland was a public well eight feet across, with a wheel and two buckets, situated on Bank Street, near Superior. In those days nearly every family had a well at their back door, of good water for every purpose except washing. To supply water for washing, when rain water failed, Benhu Johnson, a soldier of the war of 1812-14 ( who lost a leg in the campaign and substituted a wooden one ), with his pony and wagon, supplied as many as needed, from the lake at twenty five cents a load of two barrels; and Jabez Kelley furnished the soap at a shilling a gallon, made at his log soap and candle factory, located on Superior Street, near the river. Where Prospect Street is now, next to Ontario, was the old cemetery, surrounded by bushes and blackberry briars; Outside of the cemetery west, south, and east, the forest stood in its native granduer. On Ontario street, a little south of the old cemetery, was a large mound, supposed to be the work of the Mound builders of prehistoric times. It stood several years after this census was made, before it was made level with the surrounding earth. +++++++++++++++++++++++++++++++ Tid Bits continued in part 85.