Peter Mottice purchased two plots of land in Stark County -- one described as in Osnaburg in 1806 and another described as in Sandy in 1812. One of these -- presumably the latter -- became the homestead where several generations of Mottices were born. Access was probably via the road now know as "Mottice Dr." just north of Waynesburg and west of Rt. 43.
Whenever my family would visit relatives in Waynesburg when I was a kid, we would pass Mottice Dr. -- which I thought was really cool to have a road named after my family -- and my father would tell me that our ancestor Peter ran the Stark County's first tavern somewhere down that road. But he didn't know any of the details nor did he know where along that road the tavern used to be, since it had long since ceased to exist.
Later on I verified this story from early Stark County historical records that indicated Peter was indeed an early tavern owner. See excerpts from those records on this post. These records seem to indicate that his house and tavern were on the same piece of property, if not the very same building.
E.T. Heald, author of the "Stark County Story", an early history of Stark County, corroborates the tavern story on page 45 -- "The first tavern was kept by Peter Mottice on his farm which later became the property of J. Creighton Rogers." And later -- "Peter Mottice, one time county commissioner, moved into Waynesburg from his farm tavern, and became the proprietor of Schaeffer's Tavern."
What adds an interesting twist to this story is a record in the Stark County Court of Common Pleas in 1815 where Peter is indicted for selling one gill of whiskey without a license. The text of the indictment is as follows:
"Be it remembered that at the October term, 1815 of the Court the Grand Jury returned into Court an indictment of which the following is a copy:
"The State of Ohio, Stark County, SS:
"At a Court of Common Please, begun and held at Canton, within and for said County of Stark on Tuesday the 10th day of October in the year of our Lord one thousand eight hundred fifteen the Grand Jurors for the body of said County upon their respective oaths and affirmations do present and find that Peter Mottice of said County on the 25th day of September in the year of our Lord one thousand eight hundred fifteen at the County aforesaid, and within the jurisdiction of this Court did unlawfully sell, barter, deliver and retail for money to one, Thomas Alexander then and there being for money one gill of whiskey the same being a less quantity than one quart, he the said Peter Mottice not having first obtained a license from the Court of Common Pleas of said County nor a permit from the Clerk of Said Court during the recess of the said Court for that purpose at the time continuing in force contrary to the statute of such cases made and provided and against the peace and dignity of the State of Ohio.
"J.H. Hallock, Atty for Pros. Endorsed a true bill, James Duncan, Foreman
"It is ordered by the Court that said Peter Mottice give security in the sum of One Hundred Dollars ($100.00) for his appearance at next term of this Court to answer said indictment and this case was continued.
"The record shows the issuance of a writ on the second day of November 1815, as follows:
"The State of Ohio, to the Sheriff of Stark County, Greeting:
"We command you to take Peter Mottice if he be found within your County and him safely keep so that you have his body beforfe the Court of Common Please of said County at Canton, on the 1st day of next term of said Court to answer to an indictment found in the October term of said Court last against him and have you then and there this writ of witness, The Hon. George Tod, Esq., President of said Court.
"The Record shows this writ was duly returned by said Seriff "Cepi Corpus" [that is, returned with Peter] and thereupon, to-wit: now at the February term 1816, comes said Peter Mottice into Court and being arraigned on said indictment for plea, answers and says "Guilty," whereupon ordered by the Court that said Peter Mottice pay a fine of $3.50 and the costs of this prosecution and be in mercy, etc.
"Willam Reynolds, Clerk "Prosecutor on behalf of the state entered a "Nolle Prosequi" on payment of costs."
So what can we conclude from this? [By the way, "Nolle Prosequi" means unwilling to pursue -- prosecutor drops indictment.] Did Peter offer room and board to passing travelers prior to this, make the mistake of serving whiskey to one of them, and decide that if the risks were this great he might as well get the necessary license and open a tavern? Or did he previously operate an illegal tavern and finally get caught? Or was it simply a mistake and he let his license expire? We may never know, although the fact that he was County Commissioner at one point, Justice of the Peace, and founding elder of the Presbyterian Church suggests a benign explanation.