Madison County History and Genealogy

History and Genealogy



History of Madison County


Pioneer Courts of Madison County


Pursuant to an act of the General Assembly, passed on the 16th of February, 1810, establishing the County of Madison, Isaac Miner, Samuel Baskerville and David Mitchell met at the house of Thomas Gwynne, on Deer Creek, the temporary seat of justice for said county, April 6, 1810, and produced their commissions from the Governor of Ohio, as Associate Judges of Madison County. The oath of office was administered to them by Jonathan Minshall, a Justice of the Peace of said county, whereupon the Judges proceeded to advertise the time and place for holding an election for the purpose of electing the following county officers, viz., Sheriff, Coroner, and three County Commissioners. Robert Hume was elected by the Judges, Clerk, and Recorder pro tem. This completed the business for which the Court met.

On the 17th of May, 1810, the Associate Judges opened court at the same place. Letters of administration were granted to Ziba Wingett, on the estate of Luther Wingett (deceased). Ziba Wingett executed a bond, together with Luther and Abijah Gary, as securities in the penalty of $700; the court thereupon appointed said Carys and Thomas Gwynnc appraisers of said estate. This was the first probate business executed in Madison County.

The first regular session of the Court of Common Pleas was opened at the house of Thomas Gwynne, Monday, July 30, 1810; present, Hon. John Thompson, President, Isaac Miner, and Samuel Baskerville, Associates. The following Grand Jurors were impaneled, viz.: Elias Langham, foreman, Andrew Cypherd, Hugh Montgomery, Curtis Ballard, Charles Atchison, Paul Adler, Thomas Foster, Nicholas Moore, William Blaine, John McDonaid, Nehemiah Gates, William Gibson, Andrew Shields, Philip Lewis, and John Arbuckle. The court then appointed Ralph Osborn as Prosecuting Attorney; and Robert Hume as Clerk, for the constitutional term of seven years. On the following day, the court met, pursuant to adjournment, the President and three associates being present. Its first act was accepting and ordering to be recorded the will of John Blair (deceased), Samuel Blair, and Samuel McNutt, being the executors of the same. Elias Langham, having been appointed to examine applicants for the office of County Surveyor, recommended Patrick McLene, whom the court appointed to the position. The first indictment presented at this session was against George Blair, for assault and battery, who pleaded guilty, and was fined $1 and costs. Michael Dickey, John Graham, and Thomas Gwynne, were appointed appraisers of the estate of John Blair, deceased. Indictments were found against Philip Cryder, John Graham, and Nathan Frakes, and the causes continued. Ralph Osborn was allowed $25 as compensation for his services as prosecuting attorney, and after some other business, unimportant in this connection, all cases on the docket were continued, and court adjourned until the November term.

As an item of history, we give a verbatim copy of the will of John Blair, for the reason that it was the first will recorded in Madison County:

In the name of God, amen, I John Blair, Sr., of the County of Madison, and State of Ohio, being frail in body, but sound in judgement and memory, do ordain this my last will and testament, and do hereby revoke all and every former will or testament made at any time prior to this; and first, I recommend my soul to Almighty God, who gave it to me. Secondly, I allow all my lawful debts to be paid, of which the following is a true list, according to the best of my memory, viz.: By book account to Nathan Gregg, $28; also, Ephraim Doolittle $45, by book account; also, $10 per note to Lyne Starling; also $6 per note to John Brickell; also, a book account to Dr. John Ball, supposed to be twelve dollars. Thirdly, I do hereby will to each and all my children $2 in cash, apiece, with which I request, them to buy each of themselves a bible with. Fourthly, I do hereby will and bequeath to my loving wife, Susannah, all that tract or parcel of land which I obtained from James McNutt, deceased, for service done to said McNutt, by myself, whilst he was living, together with all town lots which may be included in the bounds of the above mentioned tract of land; also, I leave my loving wife all the late purchase of land that I made from James Galloway, Jr., to be disposed of as she thinks proper; also, all my personal property that I now have, to her own proper use and behoof forever; and lastly, 1 do ordain my loving sons, Samuel Blair, and Samuel McNutt, executors of this, my last will and testament. In testimony whereof. I have hereunto set my hand and seal, this twenty-first day of July, one thousand eight hundred and ten.
J. Blair [seal]

Michael Dickey, Andrew Shields, Robert Scott, Witnesses present.

The next term of the Court of Common Pleas began November 19, 1810, with Hon. John Thompson, President, Samuel Baskerville and David Mitchell, Associates. The Grand Jurors were Jonathan Minshall, Foreman, David Groves, John Timmons, John Simpkins, Daniel Wright, John Shields, John Blair, Charles Atchison, Paul Alder, Calvin Cary, Jr., Frederick Sager, William Ware, Patrick McLene, John Turner and Elias Brock. The first case was against John Graham, for retailing spirituous liquors without license. He was found guilty in two cases, and fined $5 and costs in each case. The jury in the trial of Graham were David Bradley, Abraham Johnson, David Harris, Henry Roby, Jacob Johnson, Peter Paugh, William Jamison, William Chard, John Scott, John Beetley, John Wilson and Frederick Loyd, which is the first Petit Jury that appears on record. Philip Cryder was arranged at this session for assault and battery on John Sutherland, pleaded guilty, and was fined $6 and costs.

One of the most noted cases during this early period was the trial of Tobias Bright, for killing Nicholas Monhem, an Indian. The story goes that Bright, with one of his neighbors, both residents of Jefferson Township, went up Little Darby on a hunting expedition, and, toward evening, culled at the camp of two Indians at the noted camping ground, near the "big mound," close to the junction of Spring Fork and Little Darby. After remaining a short time, they started for home, but when a few rods' distant, Bright wheeled around, and, without any provocation, shot one of the Indians dead. This treacherous act caused great indignation, both among the whites and Indians, and nearly led to more bloodshed, but during the summer of 1810, the excitement died away, through the prompt arrest of the murderer. In connection with this act, we find the following item on record, "Ordered, that Peter Paugh be allowed the sum of $3 for making one pair of handcuffs and fetters for the use of the county to put on Tobias Bright." On the second day of this session, the case came to trial, Bright pleading "not guilty." The jury were Jacob Johnson, Abram Johnson, David Bradley, Andrew Shields, Charles Ewing, William Ross, John Graham, John McNutt, Samuel Blair, James Barr, Isaac Williams and George Blair. It is not strange, considering the feeling against the Indians during the pioneer days, that Bright was acquitted. During this session, John McNutt was fined $6 and costs for an assault and battery on James Blair. For this and all future terms, it was ordered that Ralph Osborn be allowed $33⅓ for his services, as Prosecuting Attorney during each term.

At the next term of the Common Pleas Court, held at the same place and beginning March 18, 1811, with Hon. John Thompson, President, Samuel Baskerville, David Mitchell and John Arbuckle. Associates, the following Grand Jurors were returned, viz., Philip Lewis, Foreman. Jacob Vandevender, Jonathan Minshall, William Frankabarger, William Jamison, John Phoebus, Enoch Thomas, Curtis Ballard, John Kelso, Daniel Taylor, Henry Shover, Michael Dickey, Abijah Gary, Charles Atchison and John Wilson. A number of indictments were found, the majority of which were for assault and battery. Nathan Frakes, John Murfin and Samuel McNutt were each fined $6 and costs for this latter offense.

A special session of the Associate Judges was held May 27, 1811, to try Usual Osborn, charged "with bantering one John Davis to fight a duel." Osborn pleaded "not guilty," and was acquitted.

On the 19th of August, 1811, the Court of Common Pleas began its next session. Hon. John Thompson, President, Samuel Baskerville, David Mitchell and John Arbuckle, Associates. The Grand Jury were Joshua Ewing, Foreman, James Robinson, John Taylor, Jacob Vandevender, Peter Outright, Nathan Lowe, John Mozier, Reason Francis, Levi H. Post, John Cowan, William Ware, Samuel Taggart, James Graham, Samuel Mitchell and Peter Paugh. The three latter jurors not appearing, the Sheriff was ordered by the court to summon a talisman at once; thereupon Isaac Miner was returned. The first case tried at this session was the State vs. Samuel Blair, John McNutt and Samuel McNutt, "for a riot or conspiracy" against Elias Langham. They were found guilty, and fined $25, $15 and $6 respectively, and bound over to keep the peace for one year. The names of the jury in this case were Jonathan Alder, Frederick Lloyd, John Johnston, Jacob Coon, John Beetley, Hezekiah Bayliss, Garrison Waddle, Thomas Mullin, John Clarnoc, Richard King, Jesse Indicott and Leonard Alkire. Another jury during the session was as follows: Nicholas Moore, Andrew Shields, John Wilson, David Foster, John Blair, John Ross, William Jamison, Thomas Foster, James Marks, Charles Dickinson and Richard King. The case they tried was Isaac Williams vs. John Graham, for assault and battery, the latter being found guilty and fined $10 and costs. Simon Shover and William Kirkley served on a jury in this session, taking the places of Richard King and Jesse Indicott, all the balance of the jurors being the same as the first chosen in the session.

The first term of the Court of Common Pleas held in London, the newly laid out county seat, was opened November 18, 1811, by the Hon. John Thompson, President, Samuel Baskerville, David Mitchell and John Arbuckle, Associates. The following were the Grand Jurors impaneled at this term: James Withrow, Foreman, Curtis Ballard, Richard Brock, James Pringle, Philip Cryder, Calvin Cary, Jr., John Kent, Daniel Brown, Peter Helphenstine, Samuel Timmons, John Shields, Charles Atchison and Philip Lewis. The Petit Jury were Thomas Pattison, Robert Soward, Nicholas Moore, Dennis Lane, Joseph Powell, Christopher Ladd, William Hume, James Criswell, James Barr, John Blair, David Bradley and John Kelso.

We have now ran through the two first years of the Court of Common Pleas, and the reader will notice that the majority of the cases tried were those in which muscular development took the leading part. The early settlers were in the habit of taking the law into their own hands. They were, as a rule, peaceable, yet ever ready to assert their personal prowess, or resent an insult, and woe betide the man who showed "the white feather." John Graham was considered "the best man" of his locality during the pioneer days of Madison County, and throughout these two first years of the county's career, we find his name figuring at every term of court in an assault and battery case, and in every instance he was found guilty as charged. Our object in giving the lists of jurors for 1810-11 is to transmit to these pages the names of many worthy pioneers who have long since been lost sight of, some of whom were prominent in enforcing civil law at that early day. Doubtless, each had a record worthy of preservation, and while the history of many will be found elsewhere in this work, some there are of which nothing can be gleaned but their names to rescue them from oblivion. We have, however, culled from the musty records of bygone days, "dimned by the dust of the years rolled away," names and events which we believe can properly be given a modest place in the pages of history.


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