Justice at the Old County Seat

We live in a very organized society. We accept man made laws, police, lawyers, judges, juries, courtrooms and prison to uphold the laws of a modern civilized man. But there was a time when there weren’t many man made laws and even less people to uphold these laws. For the early settlers, religion played a huge part in their lives. Knowing the difference between right and wrong, understanding the Ten Commandments and the fear of God based upon religious teaching are what allowed people to live together and prosper in wilderness communities across this great land.

It was also this way in early Huron/Avery* of Milan Township where people meet to have religious service and praise God. Lucy Abbott Stevens, who was the daughter of founder David Abbott, recalls what church meetings were like for early settlers “it was an old fashioned Methodist shouting and clapping of hands, it seemed to do them all good  to get together, rough and hardy ones they were, to worship God as was their wont in old Connecticut”.

But sometimes, all the praying in the world couldn’t stop fundamental laws from being broken. In 1815, F. W. Fowler, now constable of the area, married and he and his wife decided to build a two-story home on the designed county seat property. He also built it large enough to open a tavern in front of the home. About that time, David Abbott (who owned the land) and Ebenezer Merry (who owned land next to the county seat) got together and decided since Fowler was the constable; they would recommend for him to build a jail beside his tavern/house. Since he was on the county seat property and the constable, he agreed to build a log cabin jail.  Shortly after that, a rumor began that a young woman had murdered her child. And Fowler, who was a religious man, swore to protect those that could not protect themselves, received a writ from the court to arrest the woman.

After arresting the young woman, he took her before the Justice Court and they, in turn, bound her to the Court of Common Pleas to answer to the laws of the country, for the crime committed. The Sheriff of the territory, Lyman Farwell, appointed Constable Fowler as his deputy and the jailer, so he did his duty which was to take her to his new jail. He kept her in jail until the court was seated which was no easy task because they had to find a a group of men to sit on the jury and find a place to set up the courtroom. Meanwhile Constable Fowler was running his tavern, being constable of Huron/Avery, performing duties as a deputy, being jailer of the woman prisoner and spending time with his new wife at home.   

This was the first trial at the town of Huron/Avery so it was important to the settlers, who lived in this area, to do it correctly. Sitting as judges of the trial were George Tod and Jabez Wright as presidents of the court and Stephen Meeker and Joseph Strong who were Associate judges. The Grand Jury was seated and sworn in and received the charge of the court.  The court then put the jury in charge of the Sheriff, who had no idea what to do with the jury, so he passed on the responsibility of the jury to his deputy - Constable Fowler. Since no jury had even been sworn in at this area, Fowler also had no indication what to do with the jury. The judges used the one room schoolhouse, which was an old Indian log cabin, for the courtroom which left no place to put the Grand Jury who had already heard the testimony of the charges.  

After discussing this situation with David Abbott, who was also an attorney, Fowler decided to take the woman out of his jail and put her in his personal custody so that he could put the jury in the jail for deliberations. He then moved chairs into the jail and put tables for documents and pencils and writing paper and generally prepared the jail for the Grand Inquest which the jury wanted for their deliberations. He then moved the jury to the jail and told them that if they need anything, to let him know and he left them to deliberate. After some time he had not heard from the jury and he approached the jail door and knocked to which he got no answer. He knocked again and still no answer. He thought this strange so he opened the door to put his head into the room to check on the jury but to his surprise, the room was empty.

Entering the room, Fowler surmised that the jury had left for parts unknown, never to return as jury members. Fearing that the Sheriff would hold him responsible for the jury’s disappearance, he immediately notified the Sheriff of the jury’s flight and then took the prisoner back to the jail to await instructions. He didn’t hear from the judges or the Court or even the Sheriff until one day he finally received an order to release the prisoner. No one really knows why the jury left the jailhouse, but no decision was made in the first trial at the old county seat.

* Huron/Avery or Avery/Huron: This is the area that was on the Abbott property which was located on the south side of Mason Road and on the east side of the Huron River on the higher ground between the river and River Road. Originally the area was known as Huron, but in 1815, changed the town's name to Avery. Because of the name confusion, we use both names when referring to the area. This town known as Huron or Avery no longer exits today and is no way related to the current towns of Avery or Huron in this area of Ohio. 

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This Page Last Updated: 11/26/2011

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