The Cincinnati Enquirer from Cincinnati, Ohio on October 19, 1938 · 7
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The Cincinnati Enquirer from Cincinnati, Ohio · 7

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Cincinnati, Ohio
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Wednesday, October 19, 1938
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7
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THE ENQUIRER, CINCINNATI, WEDNESDAY, OCTOBER 19, 1938 HOW CINCINNATI WAS FOUNDED BY ALBERT L MAYER. . (Editor's Xote: This is the six teenth article of a scries of 2i that will describe the founding of Cin cinnati and development of the Northwest Territory ly means of oiographieal notes on the enterprises and experiences of the men Who founded it.) william McMillan. As has been stated in other articles, the Ordinance of the Northwest Territory . provided that a legislative council be set up to administer the laws of the territory. Accordingly the first Legislative Council of the Northwest Territory met in Marietta during the summer and fall of 1788. The council consisted of Governor St. Clair, Secretary Winthrop Sargent, and Judges Parsons, Varnum, "and (Symmes was not present at most of these meetings). Ten acts were passed (Symmes's signature is affixed to only one of them), the first being the Militia Act. While there is no public record of any acts of the council during 1789, it met every year (until Ohio was admitted as, a state) at different county seats throughout the territory and enacted laws. In 1795, as will be stated in another article, the laws were revised and printed in Cincinnati and became known as the Maxwell Code. Now, among the first acts of the Legislative Council (8-23, 1788) was one which established General Courts of Quarter Sessions and Common Pleas and provided for the appointments of officers. But, beset by important Indian negotiations and sundry other details, it was January, 1790, before Governor St. Clair reached the settlement of Losantiville to carry out the provisions of this law. And, therefore, throughout the entire year of 1789 law and order in Losantiville was forced to shift for itself, and there grew up what Judge Burnet called a sort of lynch law. Because of the definite need for laws of some sort, the settlers met and elected William McMillan as Chairman of a committee to form a code of by-laws, fixing the punishments to be meted out for of- 40ft RACE STREET SPECIAL LUNCHEON, 35c . Baked Virginia Ham, Pineapple Sauce Candied Sweet Potatoes Hot Rolls and Butter Choice of Beverage fenses. A court was then organized established trial by jury, appointed William McMillan as Judge and Israel Ludlow as Sheriff. Before the meeting adjourned every person present agreed to the regulations, and gave a solemn promise that he would aid in carrying them into effect. The election of William McMillan was by popular acclaim. No one else was even considered, for, al though William McMillan was not one of the original founders, he was the most influential and probably the most able man in the town. He was born in Virginia in 1760, the second of nine children. His father was a Scotch Presbyterian minister. In 1775 McMillan was in William and Mary College, where he stood first in his class in the exact sciences and higher philso-phy. He was graduated while the revolution was in progress, but did not take part in the actual fighting. Between 1776 and 1787 he was studying and working on a farm. His father wanted him to study for the ministry, "but he refused. A great argument followed during which William took the stand that he was not only not going to go into the ministry, but he was going to sing his psalms along the lines Watt did. This ended the argument and his father never referred to the subject again. About the time of the argument McMillan was one of the many who were thrilled by Symmes's Trenton Prospectus and other literature circulated about the great opportunities in the newly created Northwest Territory. He decided to take up his lot in the Miami settlements and arrived with the first settlers. He purchased a farm, and although he was under 30, he immediately became a leader in the community. As Judge under the Lynch code, McMillan was soon to discover that his life was not to be an easy one, for with Fort Washington being erected and the military authorities assuming that they controlled things, there was ample room for heated arguments. The first case moved swiftly enough and without "interference. A Patrick Grimes was arrested for stealing cucumbers, and Judge McMillan immediately summoned a jury. He was tried, found guilty, and sentenced to 29 lashes on his naked back that same afternoon. According to Judge Burnet: "In a few weeks, another complaint was made and an order issued to arrest the person accused. The accused immediately fled to the garrison and claimed protection of RECI CABS LOOK W !Z Kllllllll Here Is Your Opportunity THE NEW "GAME OF JUMBLED BIBLICAL NAMES" $i 1,000.00 FmST PR,ZE 400.00 Second Prize 200.00 Third Prize 100.00 Fourlh Prize 100.00 25 Prizes, $ I 200.00 .100 Prizes, S2 The above prizes are being offered by The Building Committee of St. ra ul' Evangelical Lutheran Church, Roseville, Ohio, in connection with the dedication of the new church. All money to pay prizes has been deposited in The First Trust Si Savings Bank. Zanesvllle, Ohio. Use the coupon beldlv for Information and full details will be sent you immediately. Act Notv! USE THIS COUPON The Building Committee, St. Paul's Evan. Lutheran Church, Roseville, Ohio. Gentlemen: Please send me particulars how I may enter your Game of Biblical Names and get my picture of your new Church. My Name is.. mjjy st- r Bx n' City .' Stale. the commandant. The next day, Mr. McMillan received an abusive letter from that officer, requiring him to desist from further proceeding, and threatening him with punishment if he did not. A spirited reply was returned to the latter, denying the right of the commandant to interfere, and setting him at defiance. The military pride of the subaltern was wounded by the rebuke, and he sent from the garrison the next day a sergeant with a file of three men to arrest McMillan. It is proper here to observe that at that time Mr. McMillan was young, athletic, in high health and possessed of unusual strength and activity. The first intimation he had of the movement against him, was from the sergeant, at the door of his cabin, which was taken possession of by the guard. A short parley ensued, in which McMillan declared his determination not to be taken alive, and forbade the guard to enter his cabin. After a short pause, however, they rushed in, when a most furious conflict ensued. The sergeant, who entered first, received a blow, which brought him to the floor. At the same instant, the men seized McMillan, who by a prodigious effort of strength, rescued himself from their grasp, giving one of them a blow which disabled him. Mr. McMillan informed me that the conflict lasted 15 or 20 minutes, when the parties became entirely exhausted, and the guard retired. SECOND NOVEL OUT. Publication today of the second novel by Albert I. Mayer, Jr., young Cincinnati author, is announced by Harper and Brothers, New York publishers. Mayer is author of the series, "How Cincinnati Was Founded," appearing in The Enquirer. His first novel was the popular boys' book, "Defense of The Castle." His new one is "Olympiad," a story of fifth century Greece and the early Olympic games, in which he uses new material from the excavations of Cur-tius and Adler. It is illustrated by Cleveland Woodward, a former Cincinnatian. Mayer now is writing still another book, this one on early Cincinnati. z THE CINCINNATI ENQUIRER'S Book Bonus Coupon for the PE M XE , in 1 EDITION "" oHWESSE , $1.99 rV O" Hi e"""on" .etW ott iiee Book PmMtntatlon Unit. Cincinnati Enqulrrr 617 Vine Cincinnati, Ohio llrrrwilh find A rmixin and l.44 for (hit Kfltlltar FdMion of Ihe Honk of the t nlvrrup Alias 2.14 for Ihe Dp l uxe Edition of thn Hunk of I hp (inlvrrup), for which Ichw mall me my copy, poatnalri, at the nridrr-M nlvrn bplow. I iinricrntand that the additional 1.1c It to cover rout of mailing nnd wrapping up to I ISO niltrv In Ohio, please add 4c Sales Tax on Regular Edition and 6c Sales Tax on De Luxe Edition. IlKiird Addrom , MAIL, ORDER COUPON Um Pencil ink Blur . During the struggle, among the severe blows inflicted on McMillan was one in the breast, from the effects of which he never recovered. He was confined to his bed for many weeks, and after he had recovered sufficiently to attend to business he was weak, debilitated, and afflicted with a cough, which continued to the time of his death." In early January, 1790, Governor St. Clair arrived at Losantiville and after changing the name of the settlement to Cincinnati, proceeded to establish the county of Hamilton, and antagonism between the settlers and the garrison eased down. On the fifth of January, in accordance with the act of August 23, 1788, Governor St. Clair established county courts and appointed Wil liam McMillan, William Wells (not the Indian scout), and William Go. forth as judges of common pleas and justices of the Court of Gen eral Quarter Sessions of Peace. An examination of the early dockets shows that most of the cases were of a simple nature. Drunkenness, fighting, shooting guns illegally, slander, and petty stealing make up most of the cases One interesting case was a trial in which the defendant was charged with selling spirituous liquor con trary to statute. He was found guilty and fined $12. A Peter Kerrigan, a discharged soldier, married without publishing the banns. William Maxwell, owner of the "Spy," felt he was entitled to the advertisement and brought suit. Kerrigan was arrested and re ceived 10 stripes on the bare back was made to stand for four hours in the public pillory and was sent to jail for 30 days. In those days, the protective tariff was sacred, and when James Ferguson sold an English-made penknife he was fined $100. For ferrying a person across the river , for a pound of tobacco, Harvey James illegally competed with the regular ferryman and was fined $20 and received 10 stripes on the back. For kicking a collector out of his house Ebenezer Ayres wa3 sent to jail for a week and fined $100. And Mary Thomas, accused of being a common scold by her husband, was found guilty of this charge, was sent to jail for 30 days, and received 21 stripes on her back. Of the general laws in force during the period, some of the more interesting ones were: Everyone over 16 had to be at a place appointed by Supervisor of Township. He was required to work not more than 10 days a year on roads and public works. A fine of 50 cents, which went to the Supervisor, was assessed for each day he wasn't on the job, and the 10 days were still due. Legal marriage ages were: men 17; women, 14. When wolves, foxes, or wildcats were killed within the inhabited parts..of the county, by the citizens thereof, the heads could be brought to a Justice of the Peace. After examining the party and being as sured that animals were killed in the county, the justice was em powered to grant an order on the Treasurer for sums ranging from $2 for a full-grown wolf to Wk cents for a young fox or young wildcat. For drunkenness there was a fine of 10 dimes for the first offense, or an hour in the stocks. The law very sensibly required that such "crimes" should be reported within "two days after the offense shall have been committed." Disobedient children or servants might be committed to jail until "they shall humble themselves to the said parents or masters satisfaction." Ten stripes was the usuul penalty. There was a fine of 100 cents for not taking a rifle to church. The penalty for first offense fov larceny was to restore two-fold the value of the things stolen, or if the things stolen were not recovered, to receive not to exceed 39 stripes. On the use of improper language CANDY FOR FIRST LADY ia,-Tjrg''-1'' ' ' iaMi!l!....,ii,j..i,,.i. ..w , Liberal-sized boxes of candy, Cincinnati made, were sent yesterday to Mrs. Franklin D. Roosevelt at the White House and Mrs. James Roosevelt, the President's mother, at Hyde Park, N. Y for "Sweetest Day," to be observed Saturday. The candy was sent by Anna Marie Iss, right, "Miss Losantiville," in behalf of the Cincinnati Candy Association. Charles Wittner, employee at the main Post Office, affixed the stamps. the statutes said: "Please don't do it." The law of August 1. 1792, provided that all counties set up courthouses, county jails, pillories, whipping posts, and stocks. Cincinnati's first jail was on Water Street, wes,t of Main, and was built in 1793. 4t was only a log cabin a story-and-a-half high and 16 feet square. The jailor, Levi McLean, became drunk at regular intervals and would beat the prisoners, mostly debtors, for pastime. In 1799, McMillan was elected to the territorial Legislature of Ohio and after the resignation of General Harrison was chosen territorial delegate to Congress, but declined reelection. In 1801, he was commissioned District Attorney of Ohio, but had scarcely entered into his duties when declining health forced him to resign. He died at the early age of 44. He had married but was childless. , In his will, McMillan 'made a posthumous . endowment of Lot No. 135 to the Nova Caesarea Har mony Lodge. This plot of ground, on the northest corner of Thiid and Walnut Streets, was considered of little value at first and was sold for taxes. Later, it was redeemed and a Masonic Temple was erected there. Thus we get a short sketch of the early law courts in Cincinnati in which William McMillan took such a prominent part. (Tomorrow: Rev. James Kemper.) CHILDREN BUILD FIRES In State Avenue Basement Firemen Are Called Twice. Firemen were summoned twice yesterday to a basement nt inns State Avenue to extinguish fires Duilt by children. There was no damage. Several hours after a memhur nf Company No. 25 put out a fire in tne casement, smoke again was seen issuing from the cellar windows. Firemen under Marshal Alex Blackburn were sent to the homo. This time two separate fires were found burning. Four grass fires, unusual for this time of year, were extinguished yesterday by firemen at 2213 Bedford Terrace, 1849 Madison Road, the rear of 4520 Eastern Avenue, and 1204 Rockwood Drive. The abnormally hot and dry weather was a contributing cause of the fires, firemen said. HEARING SET TOR FRIDAY. Municipal Judge A. L Luehbers yesterday continued until Friday hearing of the case of Oscar Mihm, 45 years old, Hillsboro, Ohio, who has been identified by Charles R. Shotwell, assistant manager of a Dow drugstore at 82t Delta Avpnue, as the thug who robbed the store's safe of $160 Saturday. Mihm is charged also with petit larceny and forging a license tag. According to police, automobile license-plates belonging to James Ariel, 2918 Markbreit Avenue, were found in Mihm's car. ' " ' tjourselflQlhefost Sl$$f ( ! 1 when you pour ibis ""'" 4 1 Kentucky bourbon jMiMh U J f$WrtW it 1 I L .BOTTLED ! JPU y f IN BOND , rtf) Copyright W 111 fpSr1 f $63 I isy The Story of OD and AD f7) S)- OD and AD were machinists many years ago. One day, at a fair, they saw a buggy with an engine in it. They saw many ways to improve it, and each decided to build an automobile. But when it came time to sell their first cars, OD and AD had different ideas. and tie AUTOMO BILE r How OD Tried to Sell His First Automobile OD invited all his friends and neighbors to his house. He drove his automobile around the block and gave them a ride. They were thrilled. They wanted to buy it. But when they learned that it cost $3,000, not one of OD's friends could pay such a high price. How AD Sold 10 Automobiles AD had also spent nearly 3,000 in building his first car. He knew that only a few people could afford so high a price, and to find them he must show his car to a great many. So he advertised that he would demonstrate his car the following Saturday afternoon. People came from miles around. AD ran his car up and down the street. Afterward, ten men wanted it. AD told them that by making ten cars he could cut costs and reduce his price to ?2,500. So he hired several men, rented a building, and started making more and better automobiles. How OD Finally Sold a Car OD heard that AD had sold ten cars, so he decided to try again. When his second car was finished, it had cost him almost as much as the first. He showed it to as many people as he could see and after a long time sold it for just about what it had cost him. In the next five years OD built several more automobiles, but always by the time his cars were finished AD was making better cars for lower, prices. How AD Sold 10,000 Automobiles AD decided that if he could make cars by the hundreds, he could lower the cost and add still more improvements. So he appointed agents and advertised in other cities. In this wav he was able to tell the story of his car to thousands and thousands of people neither he nor his agents had ever seen. The more agents he appointed, and the more he advertised, the more people came in to try his car, and the more cars he sold. And the more cars he built, the better he built them, and the less they cost. By 1911, AD was making such a good car for ?1,500 that he sold 10,000 that year. Why OD Gave Up Trying to Sell Automobiles OD now saw that he could not possibly make cars at low cost by building only a few each year. Nor could he sell enough to make more by telling people about them one at a time. So he decided to go back to work as a mechanic He applied at AD's factory and was promptly employed. How AD Sold Millions of Automobiles AD now realized that there were millions of people who would buy his automobiles if the prices were only lower. He also knew that if he could build hundreds of thousands of cars a year, he could make them better and at less cost. So he enlarged his factory, employed more men, and advertised to millions of people all over the country. By 1921, he was making a fine-looking car with a six-cylinder motor and a self-starter. And the price had been reduced to 21,000. AD's profit per car was now very small. But he sold so many cars that his business was successful. And, as prices became lower and lower, millions of people who had never dreamed they could afford automobiles were able to own and enjoy them. By 1938, ADwasmakingthe best and finest looking car he had ever built and the price was only $750. AD Tells OD How It Came About That So Many Families Now Have Automobiles One day OD went into AD's office at the factory. OD said, "Remember the time we saw the horseless carriage at the fair? Who would have believed that in 30 years almost every family would have an automobile!" AD said, "It never would have been possible without advertising. All the advances in manufacturing would have been futile without advertising to tell the story. As it helped us to sell more and more cars, we were able to make them still better and sell them at lower prices. As a result, the advantages of an automobile are now (Car print tivtm tbnt fur 111, 1921, tni 13 trt enjoyed by people of small means just as they are by the well-to-do." "But you spend millions for advertising," said OD, "Yes," said AD. "But we sell so many cars that our advertising costs only about 15 per car. That is not much when you remember that in 30 years the average price of a car has been reduced by more than 1,500. So, advertising has really helped to redact prices and year after year has helped make it possible for million of people to have better cars for less money." Iki utnilmi mvtrmtt tf mm Mr pric In tkm yrt.) CopnUhl, br G. Ltu Sanuw THE ENQUIRER

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