Sarah Jane Powell (McCloud)
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Sallie Powell's Timeline
October 26, 1799
July 15, 1820
Logan, Auglaize, OH, USA
Name: Jacob Powell
Ohio Marriages, 1800-1958 for Jacob F. Powell
Groom's Name: Jacob F. Powell
Also recorded (as Sally McCloud) in "Gateway to the West By Anita Short" page 14 but not available online http://is.gd/jHUUXw
McArthur, OH, USA
CHAPTER IV - NORTHWESTERN OHIO AND THE BLACK SWAMP
HARDIN COUNTY Was formed out of the old Indian territory, April 1, 1820, and contains about 440 square miles. Although formed in 1820, it was not organized until January 8, 1833. About half of the county is undulating, and the other half level, but all is capable of drainage. It is situated on the great watershed, and is drained by the Scioto and the Blanchard; the former emptying into the Ohio, and the latter into Lake Erie.
On the 11th of June, 1811, one week before the declaration of war, Governor Meigs despatched Duncan McArthur with a regiment of soldiers from Urbana to open a road in advance of General Hull's army, and build a stockade at the crossing of the Scioto River in what is now Hardin County. On the 19th Hull arrived with the residue of his army. This stockade, enclosing about half an acre, and situated about three miles southwest of what is now the city of Kenton, was named "Fort McArthur." There were two blockhouses. one in the northwest angle, and the other in the southeast. Seventy or eighty feet of the enclosure was composed of a row of log corn cribs, covered with a shed roof sloping inside. A part of the pickets were of split timber, lapped at the edges: others were round, logs set up endways and touching each other. The rows of huts for the garrison were a few feet from the walls. It was a post of much danger, liable at any moment to be attacked. The last vestige of it has long since disappeared. The prompt building of forts reflected great credit on Governor Meigs energy and foresight.
The first family to locate in Hardin County was that of Alfred Hale. who came to Fort McArthur in 1817; in 1819 his son James was born.
The first court held in the county was held March 8, 1834, in a blockhouse, the residence of Hon. William McCloud, at Fort McArthur, McCloud being one of the associate judges. The first county officers were elected the following month, the total vote being only 63. Little or no business was done at the first term of court.
The next year when a trial by jury was required, the sheriff found great difficulty in impaneling a jury, the farmers being busy and the country sparsely settled. On the morning of the second day, the judge opened court and asked the sheriff if the jury was full. The sheriff replied : "Not quite full yet. I have eleven men in the jail and my dogs and deputies are out after the twelfth man."
The jail at that time was a log cabin near the fort. The court room was a shed constructed from the side of the blockhouse, with clapboards, with forked saplings for uprights. The benches for the jury and spectators were split puncheons with pins in for legs. The judge was provided with a table and a chair. The jury retired to the woods for their deliberations. In the spring of 1833, the State committee, appointed by the Legislature, selected a site for the county seat on the north bank of the Scioto on part of sections 33 and 34 in Pleasant township, George Houser, Jacob Houser and Lemuel Wilmoth giving 40 acres of their land as an inducement. The committee, having decided upon the site, were unable to agree upon the name but after its selection rode over three miles west with Wiliam McCloud to Fort McArthur where he resided in a blockhouse, to get dinner. McCloud was a great hunter, and his good lady had provided an appetizing dinner of wild meat, for they were very hungry. The subject of a name being discussed, they left it to the decision of Mrs. McCloud who declared in favor of Kenton, in honor of a friend of her husband.
The marsh lands of the county comprise fully 25,000 acres, or about 39 square miles, the Scioto having about 16,000 acres, Hog Creek about 8,000, and about 1,000 acres belonging to the Cranberry marsh. They are all well drained and are mostly fine farming lands, on which are raised immense crops of onions and potatoes.
The population of Hardin County in 1830 was 210, and in 1900, 31,187.
"About 1828, William McCloud, a native of Ireland. who had emigrated to the United States prior to the war of 1812, and finally settled at Bellefontaine, Ohio, came to Hardin County and located with his family at Fort McArthur, in the northwest corner of what is now Buck Township. His family consisted of his wife and six children, viz., Robert, William, Lettie who married Dr. A. H. Lord, of Bellefontaine,. Sallie (who became the wife of Jacob Powell, a gunsmith of the same town), Maria and one girl whose name is not remembered. Upon the organization of Hardin County in 1833, William McCloud, Sr., was elected by the Legislature as one of the Associate Judges of said county, and served in that capacity seven years. Though a conservator of the peace. it is said that he would look on at a well-contested fight, admiring the science displayed by a plucky combatant, and subsequently punish him for a violation of the law. Judge McCloud was a noted hunter, and David Goodin tells a story of a circumstance the Judge was fond of relating in which, after killing a deer, he was forced to fight with an Indian claimant ere obtaining possession of the animal's carcass. The Indian claimed that his shot had slain the deer, which the Judge would not admit; so the Indian bantered him to settle the dispute by "fighting it out." This Judge McCloud agreed to, and he was compelled to thoroughly whip the savage three times before the latter would admit that he was worsted and surrender his claims to the deer. Soon after his term as Associate Judge expired, he and his wife returned to reside with their daughters at Bellefontaine, where they died. He was a man of fair education, wonderful determination of character, and was generally respected and admired by the pioneers. He was instrumental in the selection of the site for the county seat, while Mrs. McCloud named the future town in honor of her husband's friend-the redoubtable scout, Simon Kenton. His son Robert, who was the first Postmaster in the county, also served as County Treasurer from March. 1834, to March, 1836, and, in October, 1843, was elected as a member of the Board of County Commissioners, but resigned the office in 1845. We understand that he lived north of the Scioto River, in Cessna Township, and that soon after his resignation as Commissioner he and his brother William left for the West."
In the founding act for Hardin County (when it was divided from Logan County) Section 5 reads:
"SEC. 5. That the Court of Common Pleas for the county of Hardin shall be held at the house of William McCloud until a seat of justice be established for said county. This act shall take effect and be in force from and after the 1st day of March next."
PIONEER COURTS OF HARDIN COUNTY.
Pursuant to an act of the General Assembly, passed January 10, 1833, organizing 'the County of Hardin, the first term of the Court of Common Pleas was opened at Fort McArthur, the residence of William McCloud, March 8, 1833, in compliance with Section 5 of said act, designating the place of holding court until a seat of justice should be established. There were present the three Associate Judges, viz., Hons. William McCloud, Joseph Bowdle and James E. Hueston. The two former produced commissions bearing date January 28, 1833, as Associate Judges of Hardin County for the term of seven years, to which office they had been elected by the General Assembly of Ohio. James E. Hueston was appointed by the Governor in March, 1833, to serve until the close of the succeeding Legislative session of 1833-34, at which time he was duly elected for seven years. Upon the organization of the court, they appointed Alexander Thomson
The second session began at the same place (Fort McArthur), September 10, 1833; present, Hons. William McCloud, Joseph Bowdle and James E. Hueston: Henry D. Tharp, Sheriff; Alexander Thomson, Clerk pro tem. Although the act organizing Hardin County was passed January 19, 1833, and the officials elected and sworn into office, yet the following item recorded at the opening of this term would be apt to lead the average reader into error, viz.: " It appearing to the court that the County of Hardin was not organized until after the first Monday of September, 1833, and that therefore a legal appointment of jurors could not be made or selected: Wherefore it is ordered by the court that the Sheriff of said county summon forthwith, from among the bystanders. fifteen lawful jurors." The county was organized, but the act placing Hardin County in the Second Judicial Circuit, designated September. 1833, as the date for the first meeting of the Court of Common Pleas in said county. The names of the men who compose this grand jury are Joseph Collins, Charles W. Stevenson, Charles Dille, John Johnson, Jr., James Havs, Jonathan Cessna, George H. Houser, Jacob H. Houser, George Elsey, Eri Strong, Samuel Stevenson, Samuel Hatfield, John Radclif, John Johnson. Sr., and Solomon Johnson. The foreman was Cyrus Dille, and Charles «. Scott was appointed Bailiff, Samuel Wilcox, Benjamin McIntire, Samuel Hatfield, Charles W. Stevenson, Samuel Stevenson, Joseph Collins and Solomon Johnson were called as witnesses before the grand jury at this session. The jury retired for consultation to the shade of a large tree, which stood on the bank of the Scioto, close to Fort McArthur, and returned several indictments against William Furney, for retailing spirituous liquors without license to Charles W. Stevenson, John Radcliff, Solomon Johnson and .Joseph Parish. The trial of these cases was continued until the next term of court. The reader will bear in mind that in those pioneer days nearly every tavern-keeper sold spirituous liquors, and that nearly every man took his drink. That. was the general custom, and prohibitionists were then unknown. The best people sold and drank liquors, while very often the women and children " took a little wine for their stomach's sake," and were considered none the worse for the indulgence.
On the first day of this term, William Bayles was appointed Prosecuting Attorney, and was subsequently paid $25 for his services at said session. Alexander Thomson was appointed Clerk of the Court of Common Pleas of Hardin County, for the constitutional term of seven years. He gave bond in the sum of $10,000, with James Hays, Robert McCloud, Charles W. Stevenson and William Thomson as securities.
The first tavern license granted after the organization of Hardin County was issued at this term, September 10, 1833, the record reading as follows: "On application of Portius Wheeler for license to keep a tavern, without retailing ardent spirits. at his present residence in this county, and it appearing to the court here that a tavern is needed at that place, and that said Wheeler is a suitable person to keep said tavern, and is provided with suitable accommodations; therefore it is ordered by the court that the Clerk issue a license to said Wheeler, to keep a tavern at his present resi-
On the same day, the court appointed Jacob Kimberlin, Daniel Campbell, Rowland T. Madison, Portius Wheeler, William Furney and Eri Strong, Examiners of Common Schools. for the term of two years.
On the second day of this session. William Furney was granted a license to keep a tavern at his residence in Kenton, for the term of one year, without retailing ardent spirits, upon his paying to the Treasurer of Hardin County the sum of $2. The Commissioners appointed by the Legislature to select the permanent seat of justice for Hardin County, reported their selection to the court at this term, and the propositions relative thereto were ordered to be placed upon record. The court appointed Charles W. Stevenson Director of the town of Kenton; and September 12, the third day of this session. he was ordered to accept said propositions and proceed to lay off said town on the site selected, and advertise the lots for sale.
The first term of the Court of Common Pleas held in Kenton. the newly-laid-out seat of justice began on the 14th day of April, 1834, present Hens. William McCloud, Joseph Bowdle and James E. Hnoston: William Bayles, Prosecutor: Jacob Snoddy. Sheriff: Alexander Thomson. Clerk. The court house had not vet been erected. and court was held in the bar-room of John «'. Williams' tavern. which stood on the southwest corner of Detroit and Franklin streets, the site of L. W. Barns book store, now known as "Goodie's Block." The grand jurors impaneled at this term were Joseph Collins. John Johnson, Jr., William Kellough. Henry Heckathron, Lewis Andrews. Thomas Shanks. Lemuel Wilmoth, William Cary, Jesse Bowdle, Sr., Richard Rutledge, John H. Houser. John C. Dille, Samuel Badley, Moses Dudley and Obed Taylor. The latter was foreman of the jury - James M. Gillispie was appointed Bailiff and William Furney, Deputy Sheriff. The indictments were principally for selling liquors without license, and petit larceny.
The first petit jury of Hardin County was called at the session, and the following citizens composed the panel, viz. : Asa Davis, John Moore, Nathaniel A Hughey John Hawkins. Clement Rice. Alexander Templeton, Gardner Hatch, Andrew Richey, Samuel Richey, Jacob H. Houser and Samuel Stevenson. This panel contains only eleven jurors, but the records develop the fact that one name has been erased therefrom. Although this jury was allowed for one day's service, it tried no case, for the reason that all were continued to the next session.
The following licenses were granted at this term: John W. Williams was issued a license for one year, to keep a tavern in Kenton, with the privilege of retailing spirituous liquors upon paying into the county treasury $5. Joseph W. Bowdle got a license to keep a tavern at Fairview (Round Head Township), without the privilege of selling liquors, upon paying $2. John Moore obtained a license to keep a tavern and sell liquors at his residence in Round Head Township, for which he was charged $5. William Furney was granted a similar permit to keep a tavern in Kenton and retail liquors, upon paying $5 to the County Treasurer. Thomas C. Livingston was issued a license to keep a tavern at the village of Round Head, without the privilege of selling spirituous liquors, upon the payment of $2. In November, this license was changed so as to permit him to sell ardent spirits, for which he was taxed $5. Most of these licenses were renewed year after year,while some of those whose names are given kept places of entertainment for man and beast throughout the early history of Hardin County. On the 1st of
In the Atlas of Hardin County, published in 1879, appears an article from the pen of Judge N. Z. McColloch, a former resident of Bellefontaine, in which he graphically describes "the first court ever hold in Hardin County." He first gives a description of Fort McArthur, where said court was held; tells of some eight lawyers who were present from Urbana, Bellefontaine. -Mansfield and Findlay; speaks of Judge, Joseph R. Swan, presiding; Anthony Cosad. prosecutor; and William Furney. Sheriff. He winds up his article by referring to the second term of the Court of Common Pleas held at the same place, Judge Swan presiding. in which a petit jury was wanted, but. on account of the sparsely settled country and busy season, some difficulty was experienced in getting the requisite number of jurors. He rays: "The jail, at that tine, was a log cabin near Fort McArthur. Judge Swan adjourned court over one day. and ordered the Sheriff to impanel the jury, which, for the reasons above, was no easy task. Oil the morning of the second day, the Judge opened court, and asked the Sheriff if the panel of jurors was full. The Sheriff is said to have replied: "Not quite full yet. I have eleven men in the jail, and my dogs and deputies are after the twelfth man."
The story is a very pretty one, and apt to enlist the curiosity of the average pioneer. who loves backwoods yarns, but it lacks one necessary requisite to entitle it to be classed among historical stories, via., truth. Judge Swan never sat on the bench at Fort McArthur; there was no petit ,jury impaneled at the two sessions of the Common Pleas Court held there: Anthony Cosad never filled the position of Prosecuting Attorney in this county; William Furney was never Sheriff of Hardin; and there was no jail at Fort McArthur, the first one being a small log building erected upon the public square in Kenton. We have referred to this subject, for the reason that it has become a fireside story in Hardin County, and is generally believed to be true, whereas there is not the smallest particle of truth in it, excepting his description of the old fort.
To satisfy our readers upon this point, we here give a verbatim copy of the record as preserved in the office of the Clerk of the Court of Common Pleas, from which it can be seen that there were three terms of court held by the Associate Judges prior to the coming of Judge Swan: "At a Court of Common Pleas, began and held for the county of Hardin, at the court house in Kenton, on the 17th day of November in the year of our Lord 1834, and of the State of Ohio the thirty-second, present Joseph R. Swan. President; William McCloud, Joseph Bowdle and Joseph Cessna, Associate Judges of said Court; William Furney, Deputy Sheriff, and Alexander Thomson, Clerk." This is the first time that Judge Swan's name appears as Presiding Judge of the Court of Common Pleas of Hardin County; and
The petit jury drawn at this term wore Samuel Wagner, James Andrews, Moses Dudley, Daniel Trump, Peter C. McArthur, Jesse Holt, Robert llcCloud, George W. Newland. John H. Houser. Edward M. Bailey. Daniel Barron and William Scott. This jury tried the case of Matthew Dolson and Elisha Byers. who had been indicted at the previous term for larceny. The evidence developed the fact that. Dolson and Beers had gone into the timber. and finding some nice "shoats " running wild, selected what they wanted. shot them and appropriated the pork to their own use. They were found guilty and fined $10 and cost. This was the first case in the history of Hardin County that was tried before a jury; all other, being settled by the court or continued. Judge Swan presided but one day, and Daniel Barron, who sat upon this jury, says that the jury retired for deliberation to a small bed-room in the second story of the Williams tavern, which they reached by climbing a primitive ladder, made of wooded pins driven into the log wall at convenient distances apart.
The first term of court that was field in the court house, though the building was yet unfinished, began June 5, 1835, with the following Judges on the bench: Hons. William McCloud, Joseph Bowdle and Portius Wheoler. The grand jury were Samuel Morgan, .John McArthur, John H. Houser, James Stevenson, Benjamin Widner, James Andrews, Cephus Dille (Foreman). William Cary. Samuel Kelly, Rowland T. Madison, Joshua Cope. Asa Davis, .John C. Dille, George Else- and Daniel Campbell: with Henry Garrett as Bailiff. The following petit jury tried an assumpsit case, of Isaac Gray vs. Charles Cessna, at this session: William Scott, David MeQuown, Jonathan Williams, Abel Allen, James Hill, Reading Hinline. Richard S. Anderson, William Williamson, David Poe, hoses Dudley, .John Ryan and John Heckathorn. The case was decided in favor of the defendant. At this session. the court appointed five school examiners, viz., Eri Strong. John H. Wear, .John W. Williams, William Cary and Obed Taylor, whose official tern was two years.
The next session was opened October 19, 1835. Hon. Joseph R. Swan, President; William McCloud, Joseph Bowdle and Portius Wheeler, Associates. The following panel of grand jurors was returned by the Sheriff, viz., Obed Taylor, Mathew Mahan Andrew Hemphill, David Poe, John C. Dille, John Ayres, George H. Houser, William Cary, John Ward, John Collins, Cyrus Dille (Foreman), Thomas Wilcox, James Ayers, Samuel Jelly and Jonathan Carter. There were no indictments found. and the jury was discharged. A few cases were disposed of by the court. others continued, and the term lasted but one day, no jury trial occurring at this session. The majority of the pioneer law cases were for selling liquor without license, larceny, assault and battery, and suits in probate or chancery.
We have now run through the first three years of the Court of Common Pleas, and though we have not seen fit to transmit to these pages a verbatim copy of the full proceedings of those earlier days, yet we there found con-
In the spring of 1833 the State committee apjx inted by the legislature selected a site for the county seat on the north bank of the Scioto on part of sections 33 and 34 in Pleasant township. George Houser Jacob Hotiser and Lemuel Wilmoth giving forty acres of their land as an inducement The committee having decided upon the site were unable to agree upon the name but after its selection rode over three miles west with William McCloud to Fort M'Arthur where he resided in a block house to get dinner. McCloud who was a great hunter and his good lady had provided an appetizing feast of wild meat for they were very hungry. The subject of the name being discussed they left it to the decision of Mrs. McCloud who declared in favor of KENTON in honor of the friend of her husband and nobody ever regretted the choice.
Judge William McCloud, who was said to be a mighty hunter, reached the county in 1828. It was his wife who suggested the name of Kenton for the county seat. Mr. McCloud was the first associate judge of the county.
Long shot match, as DoB is off and this would have to be a second marriage - but in same cemetery as many other McCloud descendants:
ESSELSTYN, Sarah Jane MCCLOUD 1806 1880 C-R12 Add1
Other burials associated with that Sarah McCloud make it clear she married Jacob Esselstyn to early for it to be a second marriage:
ESSELSTYN, Elizabeth 1831 1859 C-R12 Add1
ESSELSTYN, Elizabeth 1859 C-R12 Add1
ESSELSTYN, Henry 1868 C-R12 Add1
ESSELSTYN, Jacob 1806 1880 C-R12 Add1
ESSELSTYN, Robert 1829 1859 10-01-1829 C-R12 Add1
Styles, Elijah 1830 1913 02-24-1913
Styles, Harriet P. ESSELSTYN-FERGUSON 1833 1915 11-24-1833 09-24-1915
ESSELSTYN, James Milton 1834 1885 03-13-1834 03-27-1885 4-4
ESSELSTYN, John 1847 1937 2-3
Sarah Jane McCloud Esselstyn
Biography of grandson says Sarah Jane was Scotish, but that is sometimes just indicative of ancestry. However, it says one of their older shildren, Roderick, was born in New York, which would make it unlikely Sarah is related to Elizabeth McCloud who is also buried in Richland County, WI.
Elmer E. Esselstyn is the younger of two children.
Mr. Esselstyn came to Glendive, Montana, in
In the meantime he was serving as trustee of the
Mr. Esselstyn is also a director of the Boston
Mr. Esselstyn resides in the Idaho .Apartments at