330 - HISTORY OF CLINTON COUNTY.
CHAPTER VII.
THE COURTS AND CIVIL LIST.
THE first constitution of the. State of Ohio, adopted November 29, 1802, provided that the Judicial power of tho State. both as to matters of law and equity, should be " vested in a Supreme Court, in Courts of Common Pleas for each county in Justices of the Peace, mud in such other courts as the Legislature may from. time to time establish." The Supreme Court consisted of three Judges, any two constituting a quorum, and had original and appellate jurisdiction. Loth in common law and chancery, in such cases as were directed by law. It was provided that the General Assembly might, if it chose, appoint another Supreme Judge, after live years from. the adoption of the constitution, in which case the Judges were to divide the State into two circuits, and any two of theism were authorized, in such case, to hold court. The Courts of Common Pleas consisted each of a President, and not more than three nor less than two Associate Judges, all to reside in their respective districts (or counties) during their terms of office. Any three of the Judges constituted a quorum. The court had common law and chancery jurisdiction in all cases such as were directed by law, the Legislature having power to increase the number of circuits and Presidents after five years. Judges of Supreme Courts and Courts of Common Pleas had complete criminal jurisdiction in such cases and in such manner as pointed out by law. Courts of Common Pleas in each county had jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians, etc. Judges of Common Pleas Courts had within their respective counties the same powers as Judges of Supreme Courts to issue writs of certiorari to Justices bf the Peace and cause their proceedings. to be brought before them. Judges of the Supreme Court were conservators of the peace throughout the State. Presidents of Courts of Common Pleas were conservators of the peace in their respective districts, and Judges of the same held the same position in their respective counties. All Judges were appointed by joint ballot of both Houses of the General Assembly, to hold office seven years, "if so long they behave well." They were to be reasonably paid, but could at the same time hold no other offices of profit or trust under the authority of the State of Ohio or the United States. Each court had power to appoint its own Clerk for the term of seven years, the Judges to certify that they considered him well qualified for the position. The Judges also had the power to remove their Clerks for breach of good behavior. The Supreme Court was to be held at least once a year in each county, and the Common Pleas Courts in their respective counties at such times and places as prescribed by law. A competent number of Justices of the Peace were to be elected by the qualified electors in each township of the several counties, to hold office three years, with powers and duties as prescribed by law.
An act, passed February 7, 1831, provided that the Supreme Court should consist of four Judges, having precedence according to the dates of their commissions. The same act provided that the Common Pleas Court should consist each of a President and three Associate Judges, with powers as defined in said act.
The new constitution of Ohio, adopted June 17, 1851, vests the judicial power of the State in a Supreme Court, in District Courts, Courts of Common
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Pleas, Courts of Probate, Justices of the Peace, "and in such other courts, inferior to the Supreme Court, in one or more counties, as the General Assembly may from time to time establish." The Supreme Court consists of five Judges, of whom a majority form a quorum or have power to render a decision. This court has original jurisdiction in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as is provided by law. The constitution provides that it shall hold at least one term each year at the seat of government, and such other terms there or elsewhere as provided by law. The ,Supreme Judges are chosen by the electors of the State at large. By the constitution, the State was divided into nine Common Pleas districts, each-outside of Hamilton County-consisting of three or more counties, divided into three parts, bounded by county lines, and as nearly equal in population as practicable, each division having one Judge of Common Pleas Court residing therein, chosen by the electors of said subdivision. Courts of Common Pleas are `held in every county in the district as often as provided by law-more than one court, or sitting thereof, being allowed in each district at the same time. The jurisdiction of Courts of Common Pleas and their Judges is fixed by law. District Courts are composed of the Judges of the Courts of Common Pleas in ,their respective districts, with one of the Judges of the Supreme Court. Any three constitute a quorum, and such court niust be held at least once a year in each county or, as the Assembly may provide, at least three times at three separate places in each district, if not expedient to hold in each county. Original jurisdiction of the District Court, same as that of Supreme Court, with 'such appellate jurisdiction as is provided by law. The Probate Court is a court of record, " open at all times, and holden by one Judge, elected by the voters of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law." This court has jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and "such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, and each other jurisdiction, in any county or counties, as may be provided by law." Justices of the Peace are provided to be elected, to serve three years each. All Judges other than provided for by the constitution must be elected by the electors of the judicial districts for which they may be created, to serve not longer than five years.
One Supreme Judge is elected each year, to serve five years. Common Pleas Judges must reside in the respective districts for which they are chosen, and their term is five years. When vacancies occur, they are filled by gubernatorial appointment until after the next regular election. The Clerk of Common Pleas in each county is ex officio Clerk of all other courts of record held in the county.
By an act of Legislature organizing the courts, passed February 19, 1852, the nine Common Pleas districts were apportioned into five judicial circuits, Clinton County being in the First. It is now (1882) in the Third Subdivision of the Second Judicial District. From the minutes of the proceedings of the Court of Common Pleas at some of its earlier sessions, we make copious extracts. The first meeting of this court was held in the barn of Jesse Hughes (though the records say " at the house "), who lived about two miles southeast of the spot where the court house now stands. The following is the record: "At a special Court of Common Pleas held at the house of Jesse Hughes, on the 28th day of March, in the year of our Lord 1810: Present, the Hon. Francis Dunlavy, Esq., Presiding Judge; Jesse Hughes, Thomas Hinkson,
332 - HISTORY OF CLINTON COUNTY.
Esqs., Associates" (Peter Burr, the third Associate Judge, was not present;) " appointed Warren Sabin, Clerk, pro tempore, to the aforesaid court. Robert Eachus was appointed Recorder of said county by the Associates present. The court adjourned (sine die) without clay."
The other officers of this court were Jonathan Harlan, Sheriff, and David McMillan, Coroner. It appears that Judge Dunlavy, who resided in Warren County, was present only to complete a quorum, as he did not assist in making the appointments mentioned. A special session was held at the same place May 16, 1410, when there were present the three Associate Judges, Peter Burr, Jesse Hughes and Thomas Hinkson. It was agreed that, in the matter of commission of the Judges, Peter Barr should stand first, Jesse Hughes next, and Thomas Hinkson last. James McManis was appointed Director to take charge of the business concerning the county seat, with instructions. The court opened the report of the Commissioners appointed to locate a seat of justice for Clinton County, and adjourned to the next day (May 17), when it was again convened; but the Director could not make his reports, and court adjourned. The court next met in special session May 25, 1810, when all the Associates were present; but, as the Director failed to put in an appearance, an adjournment was had until the following day, at which time the report of the Director was received, and the bonds of David Faulkner and Joseph Doan, donating lands for a site for a county seat, were examined
The first Grand Jury in the county was impaneled for the term of court held in June, 1810, and was composed of the following persons, as the record shows: John Mitchell, foreman, Thomas Jones, Jacob Hale, Isaac Harvey, Caleb Harvey, William Haynes, John Wilson, James Wilson, Jesse Dillon, Ezekiel Frazer, Timothy Bennet, Mahlon Haworth, William Townsend, William Walker and Nathan Linton. These men received 75 cents each for their services, and found only one indictment, which was against Cornelius Quick. for horse-stealing. The indictment was returned June 19, 1810, and Quick was placed on trial the next day. Joshua Collett, afterward President Judge, and still later a Judge of the Supreme Court, conducted the prosecution for the State, while the counsel for the defense was Thomas Freeman, of Lebanon, a criminal lawyer of some note. The jury before which the case was tried was composed of Francis Hester, Robert Athey, David Fairfield, Daniel Linton, Daniel Moon, James Crawford, Jonah Vandervort, William Ireland, Joseph Wilson, Jesse Green. William Hoblitt and John Stout, who found the defendant guilty as indicted. The defense moved for a new trial, which was granted, and on the 17th of the ensuing October, the case came up again, with the same counsel as before. The jury was this time made up of David Wright, Daniel Hodgson, William Butler, Charles Mann, George Haworth, Joseph Haines, Simeon Ballard, John McKinzey, Thomas Gillam, Peter Dicks, Thomas McMillan and Daniel Dillon. The defendant was again found guilty, and the damages in favor of the prosecuting witness, James Doherty (or Daugherty) were assessed at $2.25, an order being issued against the defendant for the amount of his fine and costs of prosecution. A motion was made on behalf of the defendant to arrest judgment, but this was overruled, the court sentenced the thief to receive fifty stripes on his naked back, on Saturday, the 27th of Julie, 1810, at 2 o'clock in the afternoon, and to pay a fine of $20 and costs; also to be imprisoned for ten days--Daugherty to recover of him the amount of the damages allowed "Mrs. Elizabeth Smart, widow of Judge Hugh Smart, of Greenfield, is a daughter of Judge Hughes, at whose house, or rather barn, Quick's trial was had. She has a clear and distinct recollection of the affair. During the trial, the defendant was confined to an apple tree, which war nearby, by a log chain. After the verdict was rendered, Quick requested
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PAGE 335 - PICTURE OF SARAH H. WHINERY
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the Sheriff, Jonathan Harlan, to retire with him for a moment. This seemed reasonable, and it obtained a ready consent. As they walked away, he manifested considerable more nimbleness of step than had been noticed before. He gained distance on the Sheriff, little by little, until a step or two in advance was secured, when he bounded away like a deer, and in a moment was beyond successful pursuit. This was the nearest approach to a public whipping for crime ever attained within the county." The actors in that scene have passed ' away from earth, and the story lives only in the record or the memory of those to whom it has been told. It is therefore fitting to place it on the printed page.
June 20, 1810, the same day Quick was first tried, the court appointed Nathan Linton County Surveyor. The following day witnessed the appoint went of Peter Burr to the position of County Clerk to fill vacancy. On the same day, Faulkner and Doan executed their deeds to the county for land on which to locate the county seat, and the Director was ordered to lay out a town ,on said land, sell all the odd-numbered lots at a credit of one-third the purchase price in six months, one third in twelve months, and one-third in eighteen months, the purchaser giving bond with approved security; sale to be advertised in the Chillicothe and Lebanon papers. September 10, 1810, the session of the Court of Common Pleas was held, according to the record, at the "temporary seat of justice for Clinton County." George McManis took the oath of office as Associate Judge, in place of Peter Burr, resigned. The court `ordered the Director, James McManis, to immediately advertise the remainder of the lots "yet unsold in the town of Armenia (formerly Clinton)," in the Western Star, Liberty Hall and Scioto Gazette, and by written advertisements wherever he might think proper, and sell said lots at public auction, on the first Monday in the following November (1810), continuing the sale from day to day until all were offered for sale, giving credit at six, twelve and eighteen months, on separate notes, for each of three equal payments, discounting 8 per cent for cash at time of purchase. The Director was also authorized to postpone the sale of any lot or lots if he thought they were not bringing what they were worth. The court ordered that the new town be called Armenia, in place of Clinton, and appointed James Wilson to fill the vacancy as County Commissioner caused by the resignation of George McManis. The Director, for his services in connection with county seat matters up to date, was allowed the sum of $128.25.
October 16, 1810, the last will and testament of John Jackson, deceased, was proved, and letters testamentary ordered to be issued. Absalom Reed, Joseph Grice and Thomas Draper were appointed to appraise the personal estate of deceased. December 31, 1810, the court ordered that the name of the county seat be changed from Armenia to Mt. Pleasant, by request of the donors. February 19, 1811, James Birdsall and Walter Armstrong applied for and were granted tavern licenses. February 20, 1811, it was ordered that the name of the county seat be changed to Wilmington, and that no further alteration should be made in the name without being authorized by an act of the Legislature. June 4, 1811, Larkin Reynolds was granted license to keep a tavern in the town of Wilmington. At the June term of the court in this year, it "adjourned to meet in Wilmington" in the following October, and on the 7th of the last-named month, it met at the house of John McGregor, that being the first term held at the new county seat. October 10, 1811, the following licenses were granted by the court: To Ferguson & Morris, to keep a store in the town of Wilmington; to Warren Sabin, to keep a tavern in Wilmington; and to Asa Holcomb, to "sell foreign merchandise in the town of Wilmington." February 4, 1812, the last will and testament of John Sanders, deceased, was
* Harlan.
338 - HISTORY OF CLINTON COUNTY.
proved, and letters testamentary ordered to be issued. Same date, license granted to James Birdsall to keep a tavern in the town of Oakland; to William Biggs, to keep a tavern on the State road leading from the college township to Chillicothe. October 5, 1812, letters testamentary granted in the estate of John Leonard, Sr., deceased. Same to estate of James Wright, de. ceased, February 2, 1813, when licenses to keep tavern were granted to James Birdsall and William Biggs. Asa Holcomb's store license was renewed February 3, 1813:
The first session of the Supreme Court in Clinton County was "held at the house of Jesse Hughes," in said county, October 15, 1810, "before the Hon. Ethan Allen Brown, William W. Irvin, Esgs., Judges."Present, Jonathan Harlan, Esq., Sheriff. "The court being opened, proceeded to appoint a Clerk pro ten., whereupon, Allen Wright, being appointed, gave bond, con. ditioned as the law directs, wherein James Birdsall and Jonathan Harlan were his sureties, and the court, being satisfied therewith, proceeded to administer the oath of office, which was taken according to law." (See record in office of County Clerk.) The business transacted at this session was simply to receive and place on record several petitions for the division of certain lands. The neat record is that of a term of the Supreme Court " held at the town of Wilmington, in and for the county of Clinton, on the 10th day of September, in the year of our Lord 1812," when there were present the Hon. Thomas Scott and William W. Irvin, Judges. The cases brought up at the first term were at this one, two years afterward, considered and decided. At the May term in 1813 (same Judges present), several divorce suits were brought and continued Matthias Corwin, Jr., and Samuel H. Hale, were examined and admitted to practice at this term as attorneys and counselors at law in the State of Ohio. At the May term, 1814, the divorce cases of the foregoing term were dismissed with costs to petitioners-in each case the wife. At the same term, Daniel Radcliff was admitted to practice. May 6, 1816, Isaiah Morris was appointed Clerk of the Supreme Court, and Francis Dunlavy was authorized to practice law in the courts of Ohio.
The early records of this court contain numerous cases of assault and battery, divorce, trespass, etc., and one murder case, the history of which is here given as it is found in the Harlan manuscript, written several years ago:
"It is now more than sixty years since Peter Peyton and his wife, people of color, came out from Fluvanna County, Va., and, having crossed the Ohio, settled in the southwest corner of Clinton County, near the head of Stone Lick Creek, about a mile southeast of where Blanchester now is, on John Peyton's survey, No. 1174, of 1,000 acres. Their motive for coming to this wilderness, so far removed from people of their color and condition, must have been strong, indeed, to induce them to take the venture; so it was. It was to get beyond the reach of the rigorous slave laws of Virginia, and to enter into possession of the survey of land above mentioned, to which they had been informed they had, with others of their master's former slaves, a good and sufficient title, under the will of the original proprietor, John Peyton, their former master, who had served as a Captain three years to the United States during the Revolution, in the Virginia line on Continental establishment. For these services he was entitled to a military warrant for 4,000 acres of land, and this quantity of land had been entered and surveyed for him in four surveys of 1,000 acres each. . One of these surveys lay in Kentucky, in the tract of country lying on the Cumberland and Tennessee Rivers; two on the waters of Paint Creek, in what is now Jefferson Township, Fayette Co., Ohio, southwest of South Solon, Madison County. One of these two surveys was patented to Capt. Peyton in his life-time, and the other, after his death, was patented to John Duncan,
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Howell Lewis Langham Duncan and Robert Peyton Duncan, as his devisees, as was also the survey on Stone Lick before mentioned.
"Capt. Peyton was the owner of a number of slaves and a large landed estate. He was termed a bachelor, but there seems to have been for many years a morganatic marriage between himself and a Mrs. Duncan, his housekeeper, and he is said to have been the father of the Duncan family. In the latter part of his life, be made a will, mostly in favor of these children and `' their mother; but he also emancipated Peter Peyton and his wife, and provided for a like boon for his other slaves as they should arrive at a certain age, probably forty years, respectively. He also set aside one of his Ohio surveys for his black people, without designating, however, the one intended for them, and directed that, as each should arrive at the age at which he was to be free, he should be entitled to a lot of this survey of a given number of acres, perhaps forty. Peter and his wife, under the provisions of this will, secured their freedom and aimed to secure their lands, with what success remains to be told Capt. Peyton's will was so drawn that, instead of securing freedom to ;reach slave on arriving at a certain age, fixed by the will, they were sold into slavery at a distance, and the lands designed for their homes were parceled out among those for whom they were not intended. Soon after Capt, Peyton's death, the younger slaves, who had not yet arrived at the age at which they were to be free, were sold without limitation as to the duration of servitude. Seeing the drift of things, Peter Peyton and wife started on foot for Ohio. They arrived at Stone Lick, on the Peyton Survey, in 1814, as is believed. Up to this time, the whole survey was in a state of nature, heavily wooded, and, for months of each year, an un-reclaimed swamp. Peyton immediately went about erecting a small and rude structure to live. in, and preparing ground for a crop. The settlers were few, and were, in general, late arrivals,. with wide reaches of swampy wood between their half-finished cabins. Early settlers are generally proverbial for kindness and reciprocation of rude but well-meant civilities. Peter Peyton thought his neighbors were of another kind They did not like the color of Peter and his wife; they wanted white neighbors or none; they did not aid him in raising his house; they did not speak to him or of him civilly; they would not associate with niggers.' He claimed that they gave him personal abuse. March 15, 1815, Peter, by Daniel F. Barney. (a name unknown), his attorney, commenced suit against Samuel Batson (given Batson on the court record) and Isaac Daniels, laying his damages at $1;000. On May 6, 1815, Mr. Barney unfolds the nature and magnitude of his case. His charge against them was that they assaulted, beat, wounded and ill-treated him so that his life was despaired of, and afflicted other injuries upon him to the damage of $1,000. This, it is claimed, was done with staves, clubs, knives end dogs, on the day of March, 1815. Process was served upon Batson May 16, 1815, and upon Batson and Daniels both May 16, 1815, by Joseph Roberds, Sheriff of Clinton County. This suit abated in consequence of the death of Peyton.
"The Grand Jury at the February term, 1816, was composed as follows: Benjamin Farquhar, foreman, William Austin, Peter Lieurance, Jonathan Fallis, Thomas McMillan, William Stanton, George Richards, Abraham Hester, George Moon, Samuel Reed, David Evans, Owen West, John Wilson, James Haworth and Samuel Cox. They presented that 'Robert Anderson, late of the township of Vernon, in the county aforesaid (Clinton), and John De Witt; late of the same, not having the fear of God before their eyes, but being moved and soheed by the lust' of the devil, on the 13th day of November,. in the year of our Lord 1815, with force and arms, at the township aforesaid, in the county aforesaid, in and upon one Peter Peyton, a black man, in the peace of
340 - HISTORY OF CLINTON COUNTY.
God and the State of Ohio, then and there being, feloniously, willfully, purposely, and of their deliberate and premeditated malice aforethought, did mako an assault, and that the said Robert Anderson had a certain rifle gun, of the value of $15, then and there loaded, and charged with gun-powder and one leaden bullet, which rifle gun, he, the said Robert Anderson, in his hands then and there had and held, to and against. and upon the said Peter Peyton, a black man, then and there feloniously, willfully, purposely, and of his deliberate and premeditated malice aforethought, did shoot and discharge, and that the said Robert Anderson, with the leaden bullet aforesaid, out of the rifle gun aforesaid, then and there, by force of the gun-powder, shot and sent forth, as aforesaid, Peter Peyton, a black man, in and upon the back part of the head of him, the said Peter Peyton, a black man, then and there, with the leaden bullet aforesaid, out of the gun aforesaid, by the said Robert Anderson, so as aforesaid shot, discharged and sent forth, feloniously, and of his deliberate and premeditated malice aforethought, did strike, prostrate and wound, giving to the said Peter Peyton, a black man, then and there, with the leaden bullet aforesaid, so as aforesaid shot, discharged and sent forth out of the rifle gun aforesaid, by the said Robert Anderson, in and upon the back part of the head of him, the said Peter Peyton, a black man, one mortal wound of the depth of six inches, and of the breadth of half an inch, of which said mortal wound the aforesaid Peter Peyton, a black man, then and there instantly died; and that the aforesaid John DeWitt then and there feloniously, willfully, purposely, and of his deliberate and premeditated malice aforethought, was present aiding, helping, assisting, abetting, comforting, counseling, procuring, and maintaining the said Robert Anderson, the felony and murder aforesaid, in manner and form aforesaid, to do and commit; and so the jurors aforesaid, upon their oaths aforesaid, do say that the said Robert Anderson and John DeWitt, the said Peter Peyton, a black man, then and there, in manner and form aforesaid, feloniously, willfully, purposely, and of their deliberate and premeditated malice aforethought, did kill and murder contrary to the form of the statute of the State of Ohio, in such case made and provided, and against the peace and dignity of the State of Ohio.
" ' J. COLLET, P. C. C.' "
"At a Court of Common Pleas holden at Wilmington, in the county of Clinton and State of Ohio, on the 6th day of February, 1816, before the Hon. Francis Dunlavy, President, and Jesse Hughes, Thomas Hinkson and George McManis, his Associate Judge of the Court of Common Pleas of the county aforesaid, the jury was impaneled. On the 6th day of May, 1816, before the Hon. Ethan A. Brown and Jessup N. Couch, Esgs.. Judges of the Supreme Court of the State of Ohio, assigned to keep the peace, etc., came as well the said John De Witt in his own proper person, as William R. Cole, Esq., who prosecutes for the State of Ohio in their behalf. Whereupon the said John De Witt, by Thomas Freeman. Esq., his attorney, who moves the court here that he (DeWitt) be discharged for the reasons following, to wit: Because, first, this court has no jurisdiction to try the defendant; second, the Court of Common Pleas at the term of February, 1816, had no power or authority to indict the defendant in manner as they have done, they having first, at a called court, in November, 1815, committed him to prison, to be tried in the Supreme Court; third, no legal jury can be made in this court to try him; fourth, the prosecutor has not summoned a grand or traverse jury to attend this court, either to indict or try the defendant on said charge. For these causes and others that may be urged, the defendant moves, as above he has moved, the court. Thomas Freeman, Attorney for Defendant, May 7, 1816." ` Whereupon, all and singular the premises being seen and by the said Supreme Court now here fully
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understood, it is considered and ordered by the court that the said John DeWitt do take nothing by his motion aforesaid, but that the same be overruled.'
"Afterward, in the same term of May, the defendant. DeWitt, by his attorney, moved the court to quash the indictment. After hearing the reasons and arguments of counsel: ` but because the court will advise themselves of and upon the premises before they give their judgment thereon, day is given as well to the said William R. Cole, Esq., who, etc., as to the said John De Witt, here at Wilmington, until the 12th day of May neat to hear their judgment thereon, because the court nowhere thereof not yet, etc. The defendant {DeWitt) was therefore remanded to the jail of Clinton County. At May term (May 12), 1817, of the Supreme Court of the State of Ohio, before the Hon. Ethan A. Brown and John McLean, Esqs., Judges of` the Supreme Court of the State of Ohio, the case was continued until May 9, 1818. At May term, 1818, the Prosecuting Attorney, William R. Cole, entered a nolle prosequi in the case."
[See Supreme Court Record, No. 2, Clinton County, for the foregoing facts, and for the proceedings on the trial of Samuel Batson on a similar charge. Pages 6 to 11 inclusive.]
" Samuel Batson, on November 23, 1815, executed his sealed note to Thomas Freeman for $200, payable in six months. [See Second Common Pleas Court Record, Clinton County, Ohio.
"Peter Peyton was living in his own house when killed; he was forcibly taken to the woods, not far from his house, and there shot from behind by De Witt. He resisted capture to the last, but was overpowered and tied. The place of his death is still shown. His former residence was on a lot adjoining the farm of Peter Rude, on Stone Lick. Peyton's wife had no children. She was kidnaped by De Witt, Batson and others, the murderers of her husband, and then offered for sale; but, being somewhat old, a purchaser could not be readily found. At length she was offered for sale to a man whose wife suspected that all was not right. She inquired as to the kinds of work the old ' colored woman could do, and refused to buy without having an exposition of her skill.. This was consented to. In the kitchen, the black woman was questioned closely, and thereupon told the sto y of the murder of her husband and the kidnaping of herself. De Witt was arrested, but, on his way to the jail, feigned to have a falling fit, and fell from his horse. This caused an abatement of the vigilance of his guard, so that he was able to escape; and he was never afterward arrested."
Following is a list of county officers since 1810:
JUDGES.
Francis Dunlavy, President Judge, 1810--17; Jesse Hughes, Associate Judge, 1810-38; Thomas Hinkson, Associate Judge, 1810-17; Peter Burr, Associate Judge, 1810; George McManis, Associate Judge, 1810-24; Aaron , Sewell, Associate Judge, 1817-38; Joshua Collett, President Judge, 1817-29; James Dakin, Associate Judge, 1824-38 ; George Smith, President Judge, 1829; Morris R. Chew, Associate Judge, 1838-43; Abraham How, Associate Judge, 1838-43; Benjamin Hinkson, President Judge, 1836; George McManis, Jr., Associate Judge, 1838-43; Elijah Vance, President Judge, 1843; Jesse ' Hughes, Jr., Associate Judge, 1843 to February, 1851; David F. Walker, Associate Judge, 1843-51; Isaac Thornburg, Associate Judge, 1843-51; John Probasco, Jr., President Judge, 1849-51; Stephen Evans, Associate Judge, February, 1851; Isaac Collett, Associate Judge, February, 1851; T. D. Austin, Associate Judge, February, 1851; Ralph S. Hart, District Judge, 1852; W. A.: Rogers, President Judge, 1851 ; W. H. Baldwin, President Judge, 1855;
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James Clark, 1856; Robert B. Harlan, President Judge, 1855-57: William White, President Judge, 1857; George J. Smith. 1859, W. J. Gilmore. 1859; George Johnson, 1860; J. J. Winans. 1864; W. J. Gilmore, 1867; Leroy Pope, 1869-74; A. W. Doan, 1875-82.
JUDGES OF PROBATE.
Angus McKay, 1852-58; David S. King, 1858-61; Joseph H. West, 1861-67; John Matthews, 1867-82.
PROSECUTING ATTORNEYS OF CLINTON COUNTY.
In June, 1810, Joshua Collett was appointed to represent the State in the case of the State of Ohio versus Cornelius Quick. James Montgomery was the first regular Prosecuting Attorney for the county, having been appointed October 18, 1810, and holding until June, 1813. William R. Cole was elected to this office by the Court of Common Pleas October 5, 1812, and discharged the duties thereof until 1834 (second Tuesday in October), when the office became elective. Since then, the following persons have held the position: 1834-35, John Taaffe; 1835-39, Griffith Foos; 1839-43, Michael H. Johnson; 1843-45, Franklin Corwin; 1845-49, David Linton ; 1849-51, Grafton B. White; 1851-:)3, William B. Fisher; 1853-55, Benajah W. Fuller; 1855-59, Azariah W. Doan; 1859-61, A. C. Diboll ; 1861-63, L-6'3, I. B. Allen; 1863-65. Lewis C. Walker; 1867-71, John M. Kirk; 1871-73, Melville Hayes; 1873-75, Levi Mills; 1875-77, John M. Kirk; 1877-82, Edward J. West.
SHERIFFS.
1810-14, Jonathan Harlan; 1814-18, Joseph Roberds; 1818-20, James How; 1820-24, Joel Woodruff; 1824-28, Lewis Wright; 1828-30, Robert Reese; 1830-34, Carter B. Harlan; 1834-38, John Carman; 1838-42, George Fallis; 1842-46, John Carman; 1846-50, Alanson Jones; 1850-54, Jabez Harlan; 1854-58, Andrew Irvin; 1858-60, Samuel C. Kelly; 1860-62, James W. Linton; 1862-64, George F. Moore; 1864-66, James M. Johnson; 1.866-70, Peter A. Stamats; 1870-74. James L. Hackney; 1874-76, Henry B. Crumly; 1876, George H. Smith (died in office); 1878-79, John G. Outcalt; 1879-82, William E. Kenrick.
CORONERS.
1810, David McMillan; 1814, Thomas Gaskill; 1815, John Hays; 1819, John Haws; 1825, George B. Moore; 1827, John Hempstead; 1829, Peter Borden; 1831, Isaac Pidgeon; 1835, William Woodruff; 1837, Levi Gustin; 1856, John G. Outcalt; 1859, C. F. Atkinson; 1860, W. W. Collins; 1866-78, John G. Outcalt; 1878-80, D. C. Moon; 1880-82, C. J. Ent.
TREASURERS.
1810-17, Robert Eachus; 1818, Joel Woodruff; 1819-23, James W. Magee; 1823-30, Daniel Radcliff; 1830-46. George D. Haworth; 1846-52, William Crumly; 1852-56, Albert Hockett; 1856-60, James M. Haworth; 1860-64, David Sanders; 1864-68, Amos Hockett; 1868-72, Amos Huffman; 1872-76, Sampson M. Babb; 1876-80, Thomas J. Garland; 1880, ----, Loammi D. Reed, still in office (1882).
RECORDERS.
1810-16, Robert Eachus; 1816-22, James Magee; 1822-28, John McManis; 1828-55, Amos T. Sewell; February to October, 1855, Tames E. Johnson; 1855-58, Joseph Woods; 1854 to January, 1859, Amos Hoekett; 1859-64, C. F. Treusdell; January, 1861 to June, 1865, C. H. Hogan Tune to August, 1865, William Crumly; August, 1865, to January, 1866, Chauncey F. Treus-
HISTORY OF CLINTON COUNTY. - 343
dell; 1366-72, W. Burris Britton; 1872-78, Michael J. Grady; 1878-82,W. O. Holloway.
CLERKS OF THE COURTS.
March to October, 1810-Warren Sabin, Clerk pro tem.; 1810-16, Peter Burr; 1817-37, Isaiah Morris: 1837-44, Lawrence Fitzhugh. 1844-50, Thomas L. Carothers; 1850-52, Abraham E. Strickle; 1852-58, Charles N. Osborn; 1858-64, Rodney Foos; 1864-70, John A. Smith; 1870-76, Loammi D. Reed; 1876-79, Isaac Newton Harlan; 1879-82, Marvin R. Higgens.
AUDITORS.
1821-26-(resigned in latter year), John McManis; 1826-28, Bebee Treusdell; October 18, 1828, to 1831, John Crihfield; 1831-37, Lawrence Fitzhugh; 1837-59, Bebee Treusdell; 1859-69, William Greer; 1869-75, Asa Jenkins; 1875-82, Augustus H. Hains.
REPRESENTATIVES OF THE STATE LEGISLATURE.
1812, Isaiah Morris; 1813. Samuel H. Hale; 1814, Isaiah Morris; 1815, ` William R. Cole; 1816-21, James Harris; 1822-23, Samuel H. Hhle; 1824-25, Richard Fallis, 1826-27, Benjamin Hinkson; 1828, Thomas Hibben; 1829 -30, Benjamin Hinkson; 1831-32, Eli Gaskill; 1833, Benjamin Hinkson; 1834-35, Carter B. Harlan; 1836, Amos T. Davis; district changed to include Clinton and Highland Counties. Representatives, 1837-George Collings, of Highland; 1838, Thomas Patterson, of Highland; 1839, Amos T. Davis, of Clinton; district again changed to include Brown, Clermont and Clinton Counties. Representatives, 1840-Robert B. Harlan, of Clinton; Gideon Dunnam, of Brown; Reader W. Clark, of Clermont; 1841, Stephen Evans, of Clinton; Reader W. Clark, of Clermont, Gideon Dunnam, of Brown; 1842, David Fisher, Thomas Ross, Moses Rees, John D. White; 1843, William Roudebush, of Brown; James F. Sargent of Clermont; John D. White, of Clinton; district changed to include Fayette and Clinton. Representatives, 1844, Robert Dobbins; 1845, Stephen Evans; 1846, Franklin Corwin; 1847, Samuel Crothers; 1848, Alanson Jones; 1849, John F. Patton; 1850, Robert B. Harlan. In 1851, the new constitution came in force, and members of the Legislature have since been elected to serve two years each, as follows: 1851-52, Joseph A. Mills; 1853-54, Thomas D. Austin; 1855-56, Addison P. Russell; 1857-58, David P. Quinn; 1859-60; Bebee Treusdell; 1861-62, John Q. Smith; 1863-64, Stephen Evans; 1865-66, Jesse N. Oren; 1867-68, Madison. Betts; 1869-70, Thomas Geffs; 1871-74, (two terms). Jesse N. Oren; 1875-78 (two 'terms), Isaiah W. Quinby; 18790, David S. King; 1881-82, Nathan M. Linton.
THE STATE SENATORS.
The county of Clinton was first represented in the Eleventh General Assembly of Ohio, which body convened at Chillicothe December 7, 1812. The district was composed of Clinton and Greene Counties, and was represented by Jacob Smith in 1812-13; William Buckles, 1814-15; Assembly met at Columbus in 1816. Senators since then have been: 1816-17, Jacob. Smith; 1818-21, William R. Cole; 1822-23, John Alexander; 1824-25, Samuel H. Hale; 1826-27, James B. Gardner; 1828-29, S. H. Hale; 1830-33, William Ella. berry; 1834-35, Joshua Yeo. District changed to include Highland and Clinton. Senators, 1836, Jacob Kirby; 1837-38, Isaiah Morris; 1839-40, Thomas 'Patterson. District changed to include Clermont, Brown and Clinton Counties. Senators, 1841, Griffith Foos, Jr.; 1842, James Loudon, took place of G. Foos resigned; 1843-44, William H. Baldwin and James Loudon. District changed 'to include Greene, Fayette and Clinton Counties. Senators;
344 - HISTORY OF CLINTON COUNTY.
1845-46, Burnham Martin; 1847-48, Franklin Corwin. District changed to include Warren, Green e and Clinton Counties. Senators, 1849-50, Aaron Harlan, resigned in 1850, and David Linton took his place. First Assembly after adoption of new constitution met at Columbus January 5, 1852. District composed of Greene, Clinton and Fayette Counties. Senators, 1852-53, John Fudge; 1854-55, Isaac S. Wright; 1856-57, Nelson Rush; 1858-59, James J. Winans; 1860-61, John Q. Smith; 1862-63, Mills Gardner; 1864-65, John T. Patton; 1866-87, Azariah W. Doan; 1868-69, Samuel N. Yeoman; 1870-71, Moses D. Gatch; 1872-73, John Q. Smith; 1874-75, Samuel N. Yeoman; 1876-77, A Spangler; 1878-79, Thomas S. Jackson; 1880-81, A. R. Creamer; 1882, Coates Kinney.