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FIRST
PETIT JURY—A petit jury was empaneled on the same day, in
the case of Elkanah Bramlet, ''otherwise called"
Elcano Bramlet. He had been indicted for assaulting
William Mc- Connell in Lick township on July 10, 1816, and the
case was tried to the following jury: Basil Johnson, Moses
Gillespie, John Ogg, David Mitchel, John Corn, Salmon Goodenough,
Allen Rice, Austin Palmer, Samuel Stephenson, James Weeks, William
Alden and John George. The witnesses for the State
were, Joseph Armstrong and Andrew Donnally. The
verdict was "guilty" and Bramlet was fined $6 and the costs.
Singulary enough, one of the jurors, Austin Palmer,
had settled a little affair of his own with the court, just before
taking his seat in the jury box. He had been indicted for
assaulting Andrew Frazee, of Milton township, on Aug.
10, 1816, entered his plea of "guilty" and had been fined $12 and
the costs. These affairs of honor were very common among the
sturdy backwoodsmen, who brooked no insult.
OTHER
BUSINESS - BUSINESS—The only other transaction of
interest at this term was the appointment of Dr. Gabriel McNeal
as surveyor of Jackson county for the term of five years. There were
no resident attorneys in Jackson at that time, and a foreign
attorney had to be appointed prosecutor. The attorneys in
attendance at this term of court, according to the records, were
Joseph Sill, Richard Douglass and N. K.
Clough, all of Chillicothe. It was the custom then, for
the attorneys to travel the circuit with the court. This term
closed August 14, 1816.
THE FIRST FALL ELECTION—The
voters of Jackson county were called upon in October, 1816, to vote
for State and district officers, and for county officers for the
long terms. The county had been divided by this time into
eight townships, viz: Bloomfield, Clinton, Franklin, Jackson, Lick,
Madison, Milton and Scioto. Two hundred and fifty-two votes
were cast. The candi-
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EARLY CRIMINAL RECORD
The first
settlers at the Licks being squatters, many of them were lawless
men. Davis Mackley, who knew something of the early
times, wrote as follows: There was no law administered nearer
than Portsmouth or Chillicothe, and as many of the men around the
salt furnaces were the worst type of adventurers, and as whisky was
used in large quantities, it is not strange that fighting was
common, and that murder was committed occasionally. In the
year 1803 a man named Fitzgerald was murdered by one Jack Brandon,
and about the same time a man named squires was murdered by one
Pleasant Webb, a notorious and dangerous character. He had
been a Tory during the Revolutionary war, and was the terror of the
early settlers. He was known by the nickname of Pompey.
I could not learn that either of these murderers was brought to
justice or punishment. All that part of Jackson from Pearl
street to and beyond the fair ground was originally a wet an d
marshy place, with large maple, elms, birch and other trees, with an
undergrowth of alder, wild rose and other bushes. After a time
it was cleared and the timber cut, except one of the original maple
trees, which yet stands on the rear of Samuel Stevenson's
lot, a short distance north of the schoolhouse. After this
portion of the present town had been cleared, it was enclosed with a
worm fence, and was an old pasture field seventy years ago.
This field was the place where the fighters usually went to settle
their drunken quarrels. Judge Salter, of Portsmouth,
worked at the licks when he was a boy, and he once told me that a
day scarcely passed without one or more fights in this field, and
that blood could be seen almost any time either on the battle ground
or where the pugilists had crossed the low rail fence when retiring
from the field of battle. Whisky and peach brandy were always
in great demand about the licks. A man once came with a yoke
of oxen and a small wagon, and a keg of whisky, which he desired to
barter for salt. There happened to be no salt on hand at the
time, but the inhabitants of Purgatory were bound to have some
whisky. They proposed to barter anything they had, but the
owner of the whisky wanted nothing but salt. They proposed among
other things to trade him a calf, but he still refused and was
preparing to leave early next morning. During the night they
caught the calf, tied it and put it into the wagon, which was a
covered one, and the owner drove off before daylight next morning.
After he had got some two miles from the licks, several men followed
him and pretended they had a search warrant, and accused him of
stealing the calf. Of course he denied it, and told them to
search his wagon. One of the party raised the cover, when sure
enough there was the calf. The pretended officer then
compelled the man to haul the calf back to Purgatory, and treat the
crowd to all the whisky they desired before they would release him
from the pretended prosecution. Even after the county was
organized, drinking whisky and fighting continued to be the
principal diversions of many of the settlers. All the criminal
prosecutions at the August and November terms of court in 1816 were
for fighting. The men indicted plead guilty in nearly all
cases, for such a plea established his record as a fighter.
Many of the fights were fistic duels, both parties having agreed to
fight at fisticuffs, but it not infrequently happened that a ruffian
would seek to whip every man that came in his way, in order to win a
reputation as a bully. At the April term, 1817, prosecutions
for violations of the liquor law began. The first indictment
was found against William Howe. It was charged that he
did, on January 10, 1817, barter, sell, retail and deliver, for
money, a certain spiritual liquors or strong drink, not cider or
beer, by less quantity that one quart, to-wit: One-half pint of
whisky to James Mail, without having first obtained a license
therefor. He plead guilty, and was fined $2 and the costs.
This kind of a conviction was then considered as not in the least
reflecting upon the man convicted. Even the very best men in
the community were occasionally, indicted for such an offense, and
they invariably plead guilty. A study of the Court Record
almost convinces one that such convictions were regarded as good
jokes, for even the court officers were indicted in turn. At
the July term, 1817, Abraham Welch was indicted for three
sales of half-pines of whisky, and one of the sales had been made to
the foreman of the grand jury. Welch was always in
trouble with the courts, although he was the sheriff. At the
July term, 1817, he was indicted for assaulting one Valentine
Pancake on January 10, 1817. He pled guilty, of course,
and was fined $30 and the costs. He was also required to give
a peace bond in the sum of $250. A riot that occurred at the
Jackson township spring election in 1817 furnished almost as much
grist as that at the Bloomfield town house the year before. It
began with a fistic duel between Robert Darling and Joseph
Hartley. Hartley was so badly vanquished that his
brother Philip went to his rescue, only to be pummeled in
turn. Darling was indicted for both offenses, the
wording in the latter case being as follows: " Robert Darling,
unlawfully, riotously and routously, did beat and wound and
illtreat, and other wounds, to the said Philip Hartley in
Jackson township."
FIRST CONVICT
The first person sent from this county to
the penitentiary was Burgess Squires, convicted at the May
term, 1817, of issuing counterfeit money. There was a great
scarcity of the circulating medium at the licks at all times, and
this led some adventurous souls to increase the circulation by
issuing counterfeit bank money to a considerable amount. There
was no bank here, and no persons handling money in sufficient
quantities to become familiar with the currency of the country.
This made the passing of counterfeit money that much the easier, for
the victimized merchant, tavern keeper or official would not learn
of the imposition that had been practiced upon him, until he tried
to pass the money at Chillicothe or elsewhere. But experience
is a dear school, and the business men of Jackson began to be on the
lookout for bad money. Andrew Donnally, the
tavernkeeper, was the first person to cause an arrest. It
seems that one Nimrod Kirk gave him six notes, signed by
I. Ross and N. Mercer, and each payable for 50 cents in
specie or bank currency at Brownsville. He received these
notes March 1, 1817, and a few days later he learned that they were
forged. When the grand jury met at the July term he laid the
case before them, and Kirk was indicted. He plead not
guilty, and the case came on for trial. Kirk was ably
defended and was acquitted July 23, 1817. The next day the
trial of Burgess Squires began. The indictment
charged that Burgess Squires, on Mar. 10, 1817, died
unlawfully utter and publish as true and genuine a false, forged and
counterfeit bank note, purporting to be drawn and payable for $10 by
the Bank of Pennsylvania; also one false, forged and counterfeit
bank note payable for $1 by the Bank of New Lisbon. It appears
that he had paid these notes to Abraham Welch, the sheriff of
the county, who, together with Dr. N. W. Andrews, Francis Holland
and Levi Mercer, was a witness against him. Burgess
was represented by Hon. N. K. Clough, of
Chillicothe, while Hon. Joseph Sill, of the same place, acted
as prosecutor. Burgess plead not guilty, and a jury was
empanelled. The jurors were Cornelius Culp, Anthony Howard,
James Dempsey, William Reed, Joseph Armstrong, Jared Strong, Moses
Gillespie, Alexander Poor, Peter Williams, William Grove, Daniel
Harris and Reuben Long Some prominent men
were on this jury. Armstrong was director of the town
of Jackson and Strong was the representative in the Ohio
Legislature. The jury returned the verdict "guilty." All
of Clough's efforts to save his client were unavailing, and
Squires was sentenced to five years in the penitentiary,
twenty-four hours of that time to be in the solitary cell. The
conviction of Squires led to some very ugly talk about the
others, even Welch, the prosecuting witness against him, and
another county officer, still more prominent. Welch was
finally indicted for counterfeiting, and gave bond in the sum of
$500, with J. W. Ross, Francis Holland and John Graham,
as securities. At the next term of court Welch's case
was called, but he did not appear, and his bond was declared
forfeited, but it was respited one more term. On Monday, March
23, 1818, the case was called the last time, but no Welch appeared,
and the bond was forfeited. Welch had left the county
and never returned here. The conviction of Squires and
the departure of Welch put an end to the circulation of
counterfeit money in Jackson.
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