Bart Ridgeley: A Story of Northern Ohio

by A. G. Riddle

In the fall of 1837, a stranger by the name of Fisk appeared in the country, placed a deed of the land in question on record; gave Cole notice to quit, commenced his suit, and leisurely proceeded to take his evidence in Conn, and Mass., and get ready for the trial. Bart's trial of Coles's first case had rendered the latter an object of interest; and it was generally felt that the new case was one of great oppression and hardship; and popular opinion and sympathy were wholly with Cole, and all the more so, as the impression was that he would lose his land.

The people of Newbury, however, really believed that if Bart would return and take the case in hand, in some way, he would win it; but the Court had commenced, the case was called, and he still lingered in the East. In the spring before he left Newbury, he had spent much time in examining the case, looking up the witnesses, and with such aid as his brother, the Colonel, could give, their names had been obtained and they were all subpoenaed to attend. Among them were two or three old hunters and soldiers, on the Western frontier.

Ford was in the case, and had made up the issue, and at the trial, Bart had intended to secure the aid of Wade or Hitchcock. Except himself, no one knew much of the case, and none had confidence that Cole would prevail in the trial, and a general feeling of despondency prevailed as to his prospect. On the afternoon of the third Monday, Bart reached Chardon, from Albany, secured a room, assembled his witnesses, talked up the matter with the old hunters, and by his quiet, modest confidence, and quick, ready knowledge of all the details, he at once put a new aspect upon the defence. Wade was also in Chardon, and on that evening, Bart laid his programme before him and Ford, who were not more than half convinced, and it was arranged that Bart should go forward with the case, to be backed and sustained by his seniors.

On the next morning he made his first appearance in Court, and in person, air and manner, he had become one to arrest attention, in a crowd, such as thronged the court room; and when his name transpired, he was at once identified as a prominent person in the detection and arrest of Brown & Co., whose name had become widely known; and men scanned him with unusual interest. Some noticed and commented upon the brown moustache, that shaded the rather too soft and bland mouth; and observed the elegant tone of his dress, which, when it was examined, resolved itself rather into the way his clothes were worn. Ford introduced him to the lawyers present, with whom his quiet, modest manner deepened the impression made by his person. As he took his seat, his eye fully met the eager gaze of Judge Markham, from the bench. Bart felt the earnest, anxious look of the Judge, and the Judge thought he saw a shadow of sadness in the frank eyes of Bart.

A case on trial ran until late in the afternoon, when Fisk vs. Cole was called, was ready, and a jury sworn. Mr. Kelly, of Cleveland, appeared for the plaintiff, a very accomplished lawyer and a courteous gentleman. He produced the record of the old Conn. Land Co., an allotment and map of the lands showing that the tract in dispute was originally the property of one John Williams. He then made proof of the death of Williams, and that certain parties were his heirs-at-law; and produced and proved a deed from these to the plaintiff. This made what lawyers call a paper title, when the plaintiff rested his case.

For the defendant, Barton said he would produce and prove a deed from John Williams, junior, only child of Williams, mentioned by the plaintiff, to the defendant, directly, dated January, 1816, under which he took possession of the land in January, 1817; and that he also found a man in possession of the premises, who had possessed and claimed the land for years, and whose right he purchased. It would thus appear, whatever might be said of his written title, that he had complete right by possession, adverse to the plaintiff, for twenty years.

"You will do well if you sustain that claim," said Kelly, incredulously.

"I shall labor for your commendation," was Bart's pleasant reply.

The deed was proven, as well as the relationship of John and John, Jr. Bart also produced a book of the Probate records of Geauga County, which he said contained a record of the administration of one Hiram Fowler, which he might want to refer to, for a date, thereafter, and if the Court would permit, he would refer to, if it became necessary. He wished the record to be considered in evidence, for what it was competent to prove.

"Certainly," from the Court, who made a note of it.