CUNNINGHAM, JAMES CAPT., deceased ; he was born in Baltimore, Md., in 1780, and in 1786 emigrated with his parents to Westmoreland Co., Penn., and afterward to Monongalia Co., Va., where his father died ; in 1803, he eloped with Hannah Stateler, to Pennsylvania, where they were married; returning home, they received the forgiveness and blessing of their parents; in 1804, in company with his wife's parents, they removed, to the vicinity of the Black Hand, Licking Co., Ohio; in the autumn of 1805 his wife died, leaving one child, that child is Mrs. Elizabeth Baughman; she now resides with her children in Mansfield. In 1808, Capt. Cunningham was married to Margaret Myers, and in May, 1809, came to Richland Co., and located on the Black Fork of the Mohican, near Perryville, where he put out a crop of corn ; then went back, brought out his wife, and put her down the woods, alongside a camp-fire, and commenced to build a log shanty over her head. which he completed in three days, with the assistance of three men ; later in the season, he removed into the only log cabin then standing in Mansfield, which had been built a few months previously, by one Samuel Martin; the cabin stood on the lot known as the Sturges corner, now ornamented by the handsome three-story brick building of H. H. Sturges. He removed there to board Gen. Mansfield's surveying party, and to "keep tavern," to entertain persons who came here to purchase Virginia military school lands, which were then offered for sale. His wife at first objected to the project of removing to Mansfield to keep boarders ; provisions were scarce, and hard to obtain, and she expected in a few months to become a mother; her consent was finally given, and the captain shelled a few bushels of corn, packed the grist on two horses to mill at Clinton, Knox Co.; the next day, he returned home with the meal, and the day following removed to the cabin above mentioned, where, on the 23d of August, 1809, his wife gave birth to a daughter (Matilda) who was afterward married to William Perry. In the spring of 1810, they removed from Mansfield to the Clear Fork Valley, near St. John's Church, where he rented a patch of cleared land and put out a crop of corn. The next year, he removed to the Black Fork, a mile south of Greentown, where he remained until after the murder of the Zimmer family. At the commencement of the war of 1812, he began raising a company of volunteers ; he called the settlers together at his house, and after stating to them the condition of the country, succeeded in raising a company of men for active duty, the remainder being left to guard the settlement from the incursions of marauding savage. ; he marched his men to Mansfield, and camped on the public square, where they remained far a few days, and were joined by other volunteers, and then marched to Detroit. At the end of the war, he entered a farm in Worthington Township; cleared, improved, and then sold it, with the intention of removing to Missouri; but, reconsidering the matter, he purchased the farm adjoining his former home, where he resided until his death, which occurred in August, 1870. Capt. Cunningham cut the first crop of grain ever harvested in Richland Co.; he was active and energetic, taking a leading part in public affairs, and was the first acting Sheriff of the county -, he was an excellent marksman, and often tried his skill upon the different wild animals which then infested the forests. During the time of his captaincy, Mr. Cunningham attended an officers' muster at Berkshire, Delaware Co., Ohio; just as the company was about to break up, three suspicious-looking soldiers made their appearance on the parade ground; they were immediately arrested as deserters, and subjected to a critical examination, separately ; they each protested their innocence, and declared that they had been out on duty as a fatigue party under Col. Root, and on hearing that Hull had surrendered his army, they had determined to make good their escape, which they did; and in order to approve what they affirmed, they told the examining officers that Col. Root was now at home, a distance of about nine miles from Berkshire ; Col. Kratzer then called around him

WORTHINGTON TOWNSHIP. - 919

his officers, told them the story of the soldiers, whose intelligence concerning Hull's surrender made them almost frenzied with anxiety, and asked the services of some one to carry a message from him to Col. Root; but one would comply; at this time, Elm Creek, near whose banks the officers were parading, had swollen from recent heavy rains; the waters had overflowed the banks, and covered the bottoms on either side; it was necessary to cross the stream to go to the residence of Col. Root; again Kratzer called upon his officers ; "Who," said he, "will cross that creek, and bear a message to Col. Root?" A moment's pause waited their reply, when several voices almost simultaneously responded, "I will." About six or eight immediately mounted their horses and plunged into the rolling flood. Timber and rubbish were floating down the stream, offering dangerous obstacles. The company had not proceeded far until they retreated, declaring that no man could cross that stream in safety. "Yes, there is," said Capt. Cunningham, and snatching the message from the hands of the officer, he mounted his charger and plunged into the flood. He gained the opposite shore, however, in safety, and proceeded nine miles through s dense wilderness to the residence of Col. Root. The Colonel verified the statement of the soldiers, and dispatched forthwith an answer to Col. Kratzer, requesting him to dismiss the prisoners. On receiving this, Capt. Cunningham retraced his steps to the banks of the stream, which he re-crossed the next morning and arrived safely in camp, amid the cheers and congratulations of Kratzer and his officers.

History of the City of Toledo and Lucas County, Ohio History, GAR page 239:
* Kratzer, J. W., Sergeant, co. C, 169th O. V. I.

THE HISTORY OF MARION COUNTY, OHIO 1883 - By Leggett, Conaway & Co.

WILLIAM WOLFINGER (Green Camp Township) was born in Fairfield County, Ohio, October 8, 1836, He is the son of Jacob F. and Gertrude (Pfifer) Wolfinger, who were natives of Wuerttemberg, Germany, and leaving the "Fatherland," settled upon ninety-six acres of timber land in Richland Township, this county, paying $4.44 per acre. He succeeded in clearing this and also in raising seven children.-Jobn V., William J., Eliza, Catherine, Adam F., Caroline and Elias; Lena and Samuel are deceased. Both parents have passed away, the father January 2, 1879. The subject of this sketch is a prominent farmer, devoting considerable attention to fine stock. His farm is located four miles west of Green Camp Village, kept in an exemplary manner. September 1, 1865, he married Louisa, daughter of Jacob F. and Margaret R. Kratzer, the latter having eight children. Mr. and Mrs. Wolfinger have five daughters-Maggie, Eliza, Alice, Sarah and Dora-aged sixteen, fourteen, eighteen, eleven and three years respectively. Mr. Wolfinger is a representative citizen, a Democrat in politics; was elected Assessor in 1878, and Land Appraiser in 1880. Himself and wife are members of the Lutheran Church.

REPRESENTATIVE CITIZENS. MARION COUNTY, OHIO, 1907 HISTORY

WILLIAM SHERMAN RUTH, who is engaged in general farming and stock-raising on his well-developed farm of 80 1/4 acres, located in Green Camp township, was born January 26, 1866, in this township, and is a son of John G. and Emma (Baseler) Ruth, a full sketch, of whom appears elsewhere in this work.

William S. Ruth was reared, educated and has lived all his life in Green Camp township. He has always followed farming. He raises considerable stock, principally cattle and hogs, and is recognized as one of the township's most substantial and enterprising farmers. About one month after his marriage, Mr. Ruth purchased and moved to his present farm, which is located on the Guthery and Imbody turnpike, three and a half miles southeast of Agosta and five miles northwest of Green Camp. Mrs. Ruth owns a tract of 10 acres adjoining this land. Mr. Ruth has made a great many, improvements on the farm and has erected a commodious residence.

Mr. Ruth was married March 9, 1893, to Eliza Wolfinger, a daughter of William and Louisa (Kratzer) Wolfinger, and to this union has been born one son, John W., December 14, 1894.

Mr. Ruth is a member of the School Board, in which capacity he has served for about four years, his present term expiring in the fall of 1908. In 1899 Mr. Ruth was elected land appraiser of Green Camp township. Religiously he is connected with the German Reformed Church.

CHAPTER XIII.

COURT OF QUARTER SESSIONS.---The first judicial authority of Fair-
field county was that of the Court of "Quarter Sessions," first organized
in January, 1801, with Emanuel Carpenter, senior, as presiding Justice
Nathaniel Wilson, senior, David Vanmeter, and Samuel Carpenter,
associates.
     The session was first held in a log school-house.  A sheriff, by the
name of Samuel Kratzer, was appointed, and sworn by the bench. A
jury was also impanneled and sworn, called a "jury of inquest," and
composed of the following named persons; James Converse, Abraham
Wather, Jeremiah Conaway, Arthur Teal. Conrad Fetter, Robert 
McMurty, Samuel Coats, Abraham Funk, Thomas Cissina, Amasa Del-
anoe, John McMullen, Edward Teal, David Reese, and Barnabus Golden;
no indictments were found, and the jury were discharged.
     Two attorneys were sworn, William Creighton and Alexander White.
     Three county commissioners were appointed, Nathaniel Wilson, jr.,
Jacob Vanmeter, and James Denny.
     In the proceedings of the Quarter Session the following record 
appears:

HISTORY OF KNOX COUNTY. page 701

* HURD, HON. ROLLIN C. Mr. Hurd was born at West Arlington, Bennington county, Vermont, on the twelfth day of September, 1815. Asahel Hurd, his father, was a well-doing farmer; prominent as an influential citizen, who at one period of his life represented his town in the legislature, and to whom was also committed other public trusts.

In the days of his early boyhood, young Rollin's time was divided between the common school and giving assistance to his father, in the usual routine of farm employment. At the age of twelve years, he was sent to a boy's boarding school, at Norwich, Connecticut, where he received the first rudiments of an academic education.

In 1831, Professor Herman Dyer, of Kenyon college, formerly of the same county in Vermont, being on a visit to his native town, his attention was called to his neighbor's son, then at home; and through his (the professor's) advice, it was arranged that the youth should accompany the former to Gambier, the seat of Kenyon college, with the view to his education in that institution.

Under the guardianship of Professor Dyer, young Hurd accompanied him to Ohio, and at the opening of the classes in 1831, was regularly entered at the "grammar school" attached to Kenyon college, and of which the late judge Finch was then tutor. ,He subsequently entered the college proper, in the regular course for the class of 1836, but for reasons that hastened him to enter upon the active duties of life, aril solely from these private considerations, he withdrew from his college course of studies at the end of his second year, to enter the office of the late Benjamin S. Brown, in Mt. Vernon, as a student at law.

It was during his college, course that he became acquainted with Miss Mary B. Norton, daughter of the late Daniel S. Norton, a prominent citizen of Mt. Vernon, which resulted in a mutual attachment. On the fourteenth of August, 1836, they were married, and shortly afterwards commenced housekeeping in the old Kratzer house, so called, then situated where the judges' office now stands, and on the same lots on which he subsequently erected his beautiful residence, which he continued to own and occupy down to the time of his death.

Judge Hurd was admitted to the bar about the first of April, 1837, and applied himself with great zeal to the study and duties of his profession. The death of his preceptor the year following created a vacancy in the few offices that then chiefly controlled the legal business of the county, and the industry, application, and legal ability of Mr. Hurl made him prominent to the public eye, as the fitting and proper successor to fill that vacancy. He therefore immediately took position by the side of the older members of the profession then in full practice, and by faithful study and strict attention to his cases, he rapidly rose in reputation and public confidence, and soon placed himself, deservedly, in the foremost ranks of the profession.

Judge Hurd was eminent at the bar, not only for profound legal learning, but also for a quick perception of the strong points of his case, for a clear consecutive mode of thought, and a logical, comprehensive grasp of his subject, that enabled him with clear analysis to present his premises and conclusions with great effect. When to these qualities were added zeal and earnestness of manner, and a remarkable candor and fairness in the statement of facts, his power with the court and jury was always very sure to win for him all the success to which his case was entitled-sometimes, perhaps, more, than its merits deserved.

With these distinguished abilities, his practice had become wide and extended, embracing as well cases in the United States courts of the northern district, as in the State courts of many of the counties of which it is composed. He was also admitted to the bar of the supreme court of the United States, at Washington, on the ninth of January, 1863.

In 1852 he accepted the nomination of the Whig party as its candidate for judge of the court of common pleas for the judicial district, and was elected. He filled this position with great credit to himself, and with satisfaction to the bar and the people of the district, for five years.

On retiring from the bench he resumed the practice of law. It was during the latter part of his judicial term, and the first

702 - HISTORY OF KNOX COUNTY.

year of his resumption of practice, that he found leisure to prepare and write his work on Habeas Corpus, now a standard work in the profession, and found in every good law library.

For the last three or four yeats of his life judge Hurd applied the great energies of his mind chiefly to the organization of the Cleveland, Mt. Vernon & Columbus railroad company, and to the success of the object of this enterprise. In this great and useful public work he became so absorbed that for the last few years he was compelled to relinguish, in a considerable degree, the duties of his legal profession. In his new role he proved himself equally successful. And by the application of the natural forces of his mind-his energy, good judgment, personal influence and administrative ability-as president of the company, he carried the road through to its completion, successfully and triumphantly, and it now stands as an important link in one of the greatest thoroughfares of our country, and a monument of his latest success. It is well said that for this act alone the citizens of Mt. Vernon, and of the entire region through which the road passes, will ever cherish his memory, and feel that his loss is a public calamity.

Judge Hurd, by his marriage with Miss Norton, who survives him, has had seven children, three of whom died in infancy, and one, the late Rollin Hurd, jr., about two years prior to his father's decease. Those who survive are Hon. Frank H. Hurd, of Toledo; Mrs. John S. Delano, now of Colorado, and Mrs. Robert Clarke, of Washington City; all of whom, with the beloved wife of his youth, as well as of his mature years, were permitted, through a kind Providence, to minister to his wants in his protracted sickness, and to be present at his bedside in his last moments.

He died at one o'clock on Thursday morning, the twelfth of February, 1874. Disease that baffled the most skilful efforts to arrest its progress, had given its warning for some months; but hope remained with its delusions. When the final summons came he sank to rest so calmly, so quietly, it was as if but gentle sleep had wrapped him in her arms.

Page 515: About 1826 - - - - Burnet divided the east half of the southwest quarter of the township into lots of one hundred acres each, and offered them for sale. Between this time and 1834 these lots were all sold. Among the first purchasers were Elijah Dowell, lot one; Joseph Evans, lot ten; Samuel Patch, lots eleven and twenty; David Jagger, lot two; John Brown, lot nine; Solomon Freeman, lot nineteen; John Redman, lot eighteen; John Wilson, lots eight and thirteen; John Dunn, lot four; Stephen Humphrey, lot fifteen. About 1830 James Parker divided the fourth, or southeast quarter of the township into thirty-four lots, and offered them for sale. Between this time and 1838 these lots were all sold. Among the first purchasers were the following: Phineas Taft, from Vermont, lot six; Thomas Larimore, from Virginia, lot fifteen; (his son Henry now owns this same lot); Gideon Hall, lots thirty-two and thirty-three, (his son is now living on lot twenty-nine); Peter Turst, lot nineteen, (his daughter, Mrs. George Neible, is now living in the township); Joseph Montonya, lot seven; Philip Rimer, lot twenty-two; Joseph Postleweight, lot twenty-three; Crisley Kratzer, lot thirty; Jacob Smith, lot twenty-nine; Lemuel Jones, lot twenty-one; Joseph Mott, lot sixteen; William Orme, lot one; Thomas Vanasdel, lot two; John Vanasdel, lot three; James Knox, lots eleven and twelve; Edward Potter, lot seventeen; Naham Butcher, lot twenty-eight. Not one of these families or their descendants are now living in the township. William Speelman purchased lot thirteen, where he now resides.

HISTORY OF KNOX COUNTY. Page 545

Jonathan Hunt, born in Somerset county, New Jersey, October 23, 1780, married Honor Wells, of West Virginia, and moved to Knox county, Ohio, in 1806. In company with his father, Jonathan Hunt, sr,., he located in what is now the southwest corner of Pleasant township. Being a gunsmith he was often employed to repair guns for the Indians, previous to the War of 1812. Mr. Hunt was present at Mt Vernon on the twenty-eighth of March, 1808, when the commissioners appointed to locate the seat of justice for Knox county arrived, and volunteered to work on that memorable occasion. His name appears on the panel of the

546 - HISTORY OF KNOX COUNTY.

first grand jury for Knox county, May 2, 1808, and at an election held in Sychamore township, September 13, 1815, he was elected trustee. During the War of 1812 he served under Major Kratzer, and was a part of the time employed in repairing guns, for which he received one dollar per day extra pay. License was granted to him to keep tavern in 1815. Hunt's Station perpetuates his memory.

THE difficulties which led to the war of 1812 need not be repeated here. Early in the spring of that year it was evident to President Madison and the whole country that a war must ensue and more than two months before the declaration of war, the great State of Ohio was preparing for it. The command of Gen. Hull rendezvoused at Dayton in April and while on their march northward war was declared on the 18th of June. The army was at the time passing through the Auglaize region.

Mansfield, a little hamlet in the wilderness, was at that time on the extreme frontier border. There were few if any, settlers north or west of it. The line of the new settlements then extended through Canton. Stark County, and Wooster., Wayne County, to Greentown and Mansfield, the latter being the extreme outpost-located in the midst of savage tribes that had always been the friends and allies of the British and which it was reasonable to believe, would again join the British standard. Hence the uneasy feeling, the thrill of fear that ran through this region, when war was declared. Hitherto. for many years, the Indians had been peaceable and friendly. therefore the settlers had not thought it necessary to construct block-houses for defense, and, at the time war was declared no block-houses were in existence on this extreme frontier line, where they were most needed. It was not until the surrender of Hull, August 16, 1812, that the pioneers began the erection of block-houses. Hitherto, the people had confidence in this army, feeling it would stand between them and their savage enemies, and the surrender came like n clap of thunder from a clear sky. Meanwhile, the militia of the State had been gathering in every direction.; the Governor. Return J. Meigs, and other officers, were working hard to get the army into fighting trim and get forward supplies. Upon the news of Hull's surrender, all the militia in the State were moved forward to the frontier line. Col. Samuel Kratzer, stationed with his regiment at Mount Vernon, was ordered to move forward to Mansfield. A company of men from Coshocton, under Capt. Williams, had preceded him and erected a block-house on the public square; another block-house was erected at the same time on the square by Capt Shaffer, of Fairfield County. These block houses sprang up as if by magic all along the frontier line. One was erected on the Rocky Fork, three miles below Mansfield, at Beam's Mill : another by Samuel Lewis on Clear Fork another by James London Priest on Lake Fork At the same time, or a little before, block houses had been erected at Fredericktown and

HISTORY OF RICHLAND COUNTY. - 287

at Clinton, Knox County; also at Bellville, and one (according to the recollection of Dr. Bushnell) east of Lucas, on the Rocky Fork, near the eastern line of Monroe Township , Thomas Coulter's cabin near Perrysville, was converted into a block-house : there was a block-house at Wooster, then a small village, and Capt. Murray of Gen. Beall's army, was sent to Jeromeville. where he erected a block-house for the protection of the settlers along the Lake and Jerome Forks. Many families. not near enough to get into these block-houses. or preferring to remain nearer their homes, collected together and fortified the strongest of their cabins. There was a good deal of fear and confusion along the frontier. the settlers fearing that the Indian hordes of Tecumseh would soon be upon them. However, in a few days after the cowardly surrender of Hull, the frontier line was fairly protected. On the west end, at Upper Sandusky was Gen. Harrison, awaiting supplies and re-enforcements; at Mansfield was Col. Kratzer with several companies of militia and two good block-houses ; at Wooster. Gen. Beall was collecting an army, and between Wooster and Mansfield the different block-houses were rapidly garrisoned by the troops of Beall or Kratzer. The line was very quickly complete, though weak in places. Roads had been cut between these points so that any part of this line could be speedily re-enforced. This was the condition of things in September. 1812.

REPRESENTATIVE CITIZENS

JACOB CAREY, whose fine farm of 238 acres is situated on the Mount Olive and Agosta turnpike, in Green Camp township, about four miles west of the village of Green Camp and a half mile north of Mount Olive Church, is one of the representative agriculturists of this section. Mr. Carey was born in Green Camp township, Marion County, Ohio, July 30, 1865, and is a son of William Albert and Mary (Cooper) Carey.

William Russell Carey, the grandfather of Jacob Carey, was a native of Delaware, who came to Marion County in young manhood and settled in Montgomery township. There William Albert Carey was born and attended school and followed farming until his marriage to Mary Cooper, a daughter of Jacob Cooper, a native of Germany. Mrs. Carey was born in Green Cam township and still resides here, being one of the highly respected and much esteemed residents of this section. The death of William Albert Carey occurred January 5, 1897, aged 59 years. His children were as follows: Laura, who is the widow of David Weston; Alice, who married John Imbody; Jennie, who married William Scott; John; Jacob; Norris; Anna, who married Albert Ruth; Della, who married Samuel Schwaderer; Bert; and Lucy, who is the wife of William Uncapher.

Jacob Carey was reared and educated in Green Camp township, to which his parents moved from Big Island township, soon after their marriage. He has always devoted himself to agricultural pursuits. For some eight years following his marriage, he lived on the old Wolfinger farm and then purchased his present property. His land is in three tracts one of 50 acres on which he lives and where he has made many improvements, one of 178 acres, which is situated a quarter of a mile west of his home and a 10-acre timber tract two and a half miles northeast of the home place. He carries on general farming and raises many cattle, hogs and horses, prospering as the result of industry and good management.

On March 31, 1891, Mr. Carey was married to Margaret C. Wolfinger, a daughter of William and Louisa (Kratzer) Wolfinger. William Wolfinger was born in Fairfield County, Ohio, October 8, 1839, and died April 29, 1906. He was a son of Jacob Frederic and Regina (Peiffer) Wolfinger, who moved to Marion county and settled in Richland township, when William was two years of age. The latter became a man of wealth and prominence in Richland township and among other offices held those of land appraiser and assessor. In 1866 he married Louisa Kratzer, whose parents were old settlers of Fairfield County. For four years after their marriage. William Wolfinger and wife lived in Auglaize County and then returned to Marion County, living for five years in Marion township, and then settling in Green Camp township, where he acquired 300 acres of land. Mrs. Carey was the eldest born of seven children.

Mr. and Mrs. Carey have had five children, namely: Irwin W.; Fred, who died aged two and a half years; Thoburn R.; Paul, who died aged three months; and Edwin J. Mr. and Mrs. Carey are members of the Mount Olive Methodist Episcopal Church, of which Mr. Carey is a trustee. Although he has never been very active in politics, Mr. Carey has always been interested in good government and the advancement of school privileges and has been a member of the township School Board for some time.

SMITH, JAMES, deceased. There were none of the earlier settlers of Mt. Vernon more generally known, or more prominently connected with every good work tending to promote the interests of the pioneers of Knox county, than the person whose name heads this article. Mr. Smith was born March 6, 1779, at the family homestead near Harrisburgh, Rockingham county, Virginia. His father died during the minority of James, leaving him, the youngest of a large family, to the care of his widowed mother, by whom he was educated. At the decease of his mother, in the distribution and settlement of his father's estate, he inherited eight negro slaves. He married Miss Rebecca Emmett, daughter of Rev. John Emmett, then of Staunton, Virginia.

Impressed with the truth and justice of the declaration "that all men are created equal, and entitled to the enjoyment of personal liberty," he emancipated alt his slaves, and with his wife and child, Jane, who afterwards married Colonel Charles Sager; he removed to Ohio. Arriving in Knox county in 1806, he first settled on the Haines farm, one and one-half miles south of Mt. Vernon.

The journey from Virginia to Ohio was no easy matter, as it had to be made on pack-horses, through an unsettled region, without suitable roads or stopping places. It was a tiresome and fatiguing journey for his young wife and infant child. When he reached Knox county he had expended all his money but fifty cents.

He soon removed to the new town of Mt. Vernon. With a disposition to engage in any honest employment, he was reasonably prosperous; a member of the Christian church, and a local preacher of that denomination, be preached without pay or salary, and his house, for many years, was the stopping place of the ministers of that and other denominations, and especially of the early settlers in other pans of the county visiting Mt. Vernon.

When the county was organized and courts established, Mr. Smith was appointed clerk of the supreme court and court of common pleas, a position he filled to the satisfaction of the judges for a quarter of a century.

A season of great financial embarrassment induced the business men of Knox county, as well as of Licking, Richland and other localities, to engage in banking as a means of relief, and the result was the establishment of banks of issue at this and other localities in advance of legislation, expressly authorizing the issue of paper money. Mr. Smith, Robert Giffin, John Hawn, jr., Samuel Kratzer, and others, organized "The Owl Creek bank," of Mt. Vernon, and were induced to loan upon the notes of solvent persons, a large amount of the money issued by the bank, relying upon the payment of these notes, in addition to the capital paid in for their redemption. The makers of these notes combined, and were able to defeat the expected legislation, and refused to pay their notes; the bank, not having been legally incorporated, could not enforce the collection. The bank bills thus loaned were put in circulation by these borrowers, and the bank stockholders compelled to redeem them; this, by reason of the non-payment of the notes thus given, they were unable to do in full.

Mr. Smith, and the other stockholders, were compelled to redeem those outstanding bank notes, not being able to legally enforce collection of the notes received, and upon the faith of which they were issued. The last payment on the part of Mr. Smith, to redeem those bank bills, required the application of the entire proceeds of the sale of his farm, situated on the Martinsburgh road, near Mt. Vernon. The old case of Luke Walpole vs. Robert Giffin and others, finally closed up this unfortunate banking venture, and virtually ruined most of its stockholders, men who never realized a cent of profit out of it. Allusion is made to this matter in justice to all the parties interested, as the facts have not been fully understood by those who refer to the old Owl Creek bank in terms not complimentary to its originators.

Mr. Smith continued to reside in and near Mt. Vernon until the year 1838, when he removed to Madison county, Ohio, where he died in 1841, in the sixty-second year of his age. His death was occasioned by injuries received in being thrown from his horse. His remains were removed to Mt. Vernon, where they rest near those of his wife, who died of cholera in 1832.

All the children of Mr. Smith, except Jane, were born in Mt. Vernon-three girls and three boys. The daughters are all dead save Airs. Adaline Davis, who still resides in Ohio. The sons, Benjamin, James, jr., and Vispacian, are all citizens of Minnesota, where they have resided since 1856. The desire to "go west," which induced the father to leave Virginia, appears to have, fifty years afterwards, possessed the sons. Whilst they are reasonably prosperous and attached to their homes in Minnesota, they note with pride and pleasure the growth and prosperity of their native town of Mt. Vernon.

BANNING, ANTHONY, deceased.-Among the old settlers whose names have figured conspicuously in the history of Knox county, was Anthony Banning. Connected with the business, the growth and prosperity of the county at every period of its history after the first, and concerned as he was in various industrial pursuits, in commercial operations, in temperance movements, in church affairs, in political actions; as his name has been widely known in legal history, his memory is worthy of more than a passing notice.

"Judge" Banning as he was called more frequently than Parson," notwithstanding his monument states that he was a Methodist preacher sixty years, was born in Talbot county, Maryland, May 13, 1768, and was the only son of James Banning, a proprietor of much consideration and influence, who had but two children-the son, James Mansfield Anthony Banning, and a daughter who married Benjamin Chew, of Philadelphia, chief justice of the State of Pennsylvania, a lawyer of much distinction and a man of great wealth, who was a bosom friend of Washington, and whose family were his most intimate associates.

His parents died when he was very young, and he was consigned to the care of an uncle, Henry Banning, a bachelor, who was a sea-captain and took Anthony with him several voyages The family were members of the Episcopal church, but in his fourteenth year Anthony joined the Methodists. When about eighteen he went to preaching as a circuit rider in Greenbrier, Virginia, and the wilderness mountain region. In consequence of the great length of his name, and its inconvenience in writing, he dropped a portion of it in early youth.

July 30, 1791, he married Mrs. Sarah Pierce, daughter of one of the first settlers on Redstone, near Uniontown, Pennsylvania, who was also a native of the eastern shore of Maryland, and had been reared near Ellicott's Mills. The children by this marriage were Sarah, wife of Daniel S. Norton; Jacob M., who died in 1835, and whose widow and children reside in Hardin county; Rachel, wife of Rev. Elnathan Raymond; James S.; Mrs. Mary Caswell; Elizabeth, Mrs. Bronson; Priscilla; and Anthony.

Priscilla Banning was born May 1, 1807, and on November 2, 1875, married Sewall Gray, of Massachusetts, who was born April 9, 1806, and died of paralysis, at Mount Vernon in May, 1862, without issue.

848 - HISTORY OF KNOX COUNTY

After his marriage Mr. Banning settled in Fayette county, Pennsylvania, and resided for several years near Mount Braddock and Connellsville, where he preached the Gospel, having been ordained by Bishop Asbury in 1791, carried on a tanyard, kept store, officiated as justice of the peace, from 1791 until 1799, traded in stock of every description and navigated the western waters.

He made several trips up the Muskingum with goods and wares from 1808 till he moved out in 1812. After he bad bought lands in the county he traded a lot of iron, leather and saddlery to Samuel Kratzer, esq., for the principal part of his interest in the town of Mt. Vernon, and then took up his residence here. During his long abode he was engaged, as elsewhere, in a diversity of pursuits; and by reason of his remarkable energy, industry, prudence and business tact, prospered in all, and enjoyed to a very great extent the confidence of the people. He was for the greater part of his life concerned in merchandizing at Mt. Vernon, Tymochtee and Danville--carrying on his mills at Clinton and his tanyard, farming extensively and preaching.

His name is found as president of the first Clay meeting ever held in this county; he was all his life an ardent admirer and friend of that great statesman and patriot. In principle, politically, he was a Whig religiously, a Methodist-strictly moral and temperate in all the relations of life a good example.

He was honest and conscientious-liberal and kind hearteddetermined and resolute-never disguised his sentiments or harbored unkind thoughts; was not a fanatic in temperance, morals, politics or religion; but by his well balanced mind and daily walk exerted a great influence for good.

Among other public positions held by him was that of commissioner to select the premanent seat of justice of Clermont county, under an act of the general assembly, January 25, 1823, associated with John C. Wright, then of Jefferson, and James Clark, of Stark. He served as one of the associate judges of this county from 1827 to 1834.

In every public enterprise and work calculated to benefit the town, county and people he was active, liberal and useful. Among the many incidents of his life the following most clearly shows the liberality of his mind: In 1836 he set about erecting a church near his residence, and upon his own land. The neat brick edifice had been inclosed and about completed, when the Right Rev. Bishop Purcel visited Mt. Vernon for the first time, and there being no Catholic church the followers of that denomination, of whom there were but two or three families then in the place, to wit: David Morton's, William Brophy's and Timothy Colopy's requested the use of one of the churches for the bishop to hold service in on the forenoon of a certain Sunday. The favor was denied. An effort was then made to procure the use of the court-house, and that, too, was refused.

The writer, then a small boy, having heard the circumstances on his way home, stopped in at judge Banning's and stated what had occurred, when he at once buttoned up his vest and coat, took his cane, went up to David Morton's, where the bishop was staying, and tendered the use of the Banning chapel for Catholic service. The offer was most gratefully and graciously accepted, and the first Catholic discourse ever delivered in this town was pronunced at the Banning chapel. This, in the eyes of many bigoted and intolerant minds, was a very great sin; but the religion of grandfather Banning was of that catholic spirit which enabled him to do acts of kindness and pour out heart offerings as becometh a true Christian.

In the month of February, 1844, judge Banning was drowned in the dam of the Clinton Mill company, while attempting to cross upon the ice to his farm. His body was soon recovered and great efforts made to resuscitate it, but in vain. The bold spirit that left its impress on this world had gone to explore the mysteries of another. He was in the seventy-sixth year of his age, and remarkably vigorous in mind and body.