USA > Georgia > Irwin County > History of Irwin county > Part 12
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Never have I seen my father as angry as he was at that time. He called to me to get my gun and go with him. He secured a double-barreled shotgun loaded with buckshot and his pistol and went to the spot as quickly as possible. Upon our arrival, we found everything as the neighbor had communicated it to us. My father, after calling them all kinds of thieves and everything he could think of in the category of mean men, in- formed them that he had shot at you, the infernal Yankees, four years during the war and that he had not forgotten how it was done and that he would delight in doing the same thing in Georgia in protecting his property from such as they were but that he would allow them three minutes to hitch their team
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to the wagon and get off his land and stay off. Should he ever catch them there again on a similar errand, he would shoot first and ask questions afterward. To my delight they gave my father no back talk, but long before the time he gave them expired, they had their mules hitched to the wagon and drove off and never to our knowledge returned again. They had cut the light-wood stump down and had cut it up into about four foot lengths to carry away, but my father's appearance on the scene prevented them from doing so.
On numerous occasions my father made the remark that no Yankee should ever own this spot of land as long as he lived. On his death bed he told me he wanted my mother and me, we being his only heirs, to fix it so that it would always remain in the possession of Southern people and could never belong, as he expressed it, to a Yankee. After consulting with many able lawyers as how to carry out the wishes of this loyal Con- federate, my father, in the year 1915, during my term of office as member of General Assembly of Georgia, I introduced a resolution tendering it to the State of Georgia in conjunction with the Daughters of Confederacy in fee simple four acres of land with the spot upon which Davis' camp was located about the center. My father would never allow the pine timber turpentined or sawmilled and the original timber is there today as it was on the tenth day of May, 1865, when the President of the Confederacy was captured, only it has grown much larger.
To the shame of my native state, it has never spent one dime towards marking this spot or beautifying it in any particular. A spot holy in the eyes of all Confederate Soldiers. We trust some day our state will wake up and do the proper, the nice and appropriate thing and mark and beautify it as it should be.
THE BOSTWICK CASE.
Several years ago a family named Bostwick lived in Irwin County, about four miles west of Irwinville. The wife before her marriage was Miss Mallissa Fletcher, the daughter of Mr. Wiley Fletcher. They had several children ranging in ages
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from a baby in arms to a boy about seventeen years old. Henry Bostwick was always considered a peaceable man, in fact somewhat cowardly, rather flighty and imaginary in his talk, not a fool but rather mean. Hle and his wife had some domes- tic trouble and it was said that he ran her away from home. She secured a warrant charging him with wife beating and placed it in the officer's hand for his arrest.
The deputy sheriff, a Mr. McCraw, went to Bostwick's house to serve the warrant. Bostwick met him with a gun and resisted arrest. The sheriff, not desiring any trouble with him and feeling assured that he would not leave the country and thinking if given time to reflect that he would give up to the sheriff, left his place and returned home.
The next day being Sunday the sheriff, Mr. J. P. McInnis, Mr. Clay Bass, Mr. W. A. Tucker and Mr. Seaborn Davis, all of them deputies, came to arrest Bostwick. They were all ac- quainted with him well and did not anticipate any trouble in making his arrest. Upon arriving at his place they alighted from their carriage, Mr. Davis was hitching the horses and Mr. Bass and sheriff McInnis started to the yard. Without any warning, Bostwick shot Mr. Davis while he was hitching the horses, killing him instantly, with the other barrel of the gun he shot Mr. Bass, wounding him severely, but he finally recovered. The sheriff sent runners out to secure aid, he remaining near enough to see that Bostwick did not escape. Bostwick barricaded himself in the house with his children and to have shot into the house of Bostwick would have endangered the lives of the innocent children.
In response to the sheriff's call for aid soon a large crowd had gathered. The sheriff repeatedly called upon Bostwick to open up the house and come out and surrender, he assuring him that he would give him protection. This he refused to do. The sheriff as did others in the party called to the children to come out of the house but Bostwick refused them to go out.
The sheriff and deputy, W. A. Tucker, and one other walked to the frontyard gate directly in front of the house and called to Bostwick and asked him to come out and surrender and he was assured by the sheriff that he would be protected and that
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he would see that he had a fair trial; that if he would not surrender to please send his children out of the house. This he refused to do. The sheriff and deputy then shot into the top of the house thinking by doing Irwin County Corn Field. so it would cause Bost- wick to surrender. Bost- wick immediately shot the sheriff with one barrel of his gun and with the other shot deputy Tucker. The sheriff was mortally wounded and died in a few days, deputy Tucker was painfully injured but not seriously, he recovering in due time. Soon there was a large, angry, determined crowd of people on the scene but the fact of those innocent children be- ing in the house and having no desire to injure or harm them, they were at loss to know what to do or how to proceed as Bostwick would shoot any one who came in his vision. Soon after shooting the sheriff he shot and killed Mr. James Gill and a little later he also shot and killed Mr. Timmy Sheffield.
It was finally decided to call upon the Governor and request state troops to be sent to the scene as Bostwick was shooting everyone who came any where near and a large majority of his shots were fatal. The throng of people surrounded the house at a sufficient distance to prevent his being able to kill any more and rested quietly until the Governor was communicated with over long distance telephone.
So soon as the Gov- ernor was communicated with, he acted promptly and ordered out one com- pany of militia from Al- bany under command of Captain Say and one company from Fitzger- ald, to come to the scene.
Converting Peanuts Into Cash.
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FREAKS OF NATURE IN IRWIN COUNTY
The troups arrived about daylight Monday morning, Captain Say in command. The military were handicapped as were the citizens by the fact of the children being barricaded in the house with their father and to shoot into the house would en- danger their innocent lives. The military marched up in line in front of the house and Bostwick was commanded to surren- der peaceably. He refused to comply or make any response. The military shot several rounds into the top of the house seek- ing to induce him to surrender or to frighten the children to come out of the house as the soldiers and citizens were contin- uously calling upon them to come out. After so long a time the children did decide to come out, the largest girl in the lead with the baby in her arms and the others following after her. They ran to the fence surrounding the house and were imme- diately gathered into the arms of the waiting soldiers and con- veyed to places of safety. Men wept for joy at their deliver- ance. Men were seen with tears streaming down their cheeks, who had never been seen or known to weep before. None of the children had been injured in any way.
Then the way was clear to capture Bostwick. He was again called upon by the soldiers to surrender which he refused, remaining in the house without saying anything.
The soldiers fired several volleys into the house, riddling it with bullets, then made a rush advance to the door breaking it down and upon entering they found that Bostwick had been killed by some of the shots which were fired through the house. Ile was taken up and later buried.
The sheriff, Mr. J. P. McInnis, was an excellent young man, a good citizen and a capable fearless officer. He lived to know that Bostwick had been killed.
This was a deplorable tragedy, costing the lives of four men, all good citizens, the wounding of two others which was caused by Bostwick's refusal to submit to arrest for a crime which if it had been proven against him and he had been given the extreme penalty of the law, he could have expiated his sentence in twelve months. Had he gone to trial, it would have been more than probable that he would have received a small fine with the admonition that he and his wife live together in peace and harmony and rear their children to become useful
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citizens. He was born and reared in Lowndes County, Georgia.
The dwelling house was riddled with bullets, the walls and top were practically a sieve and unfit for the family to try to inhabit, but the neighbors and citizens of the county came to their rescue and built a new and better house than the old one was, where she lived until her death.
WOLF PITS.
In the early days, all kinds of wild animals were plentiful in this country, such as bear, wolf, panthers, catamounts, etc. The wolves were a menace to stock raisers, preying upon calves, sheep and all other domestic animals. The early settlers used every means at their command to exterminate these beasts of the forests. Ofttimes what were called wolf pits were dug, many of which are still in existence today, in different por- tions of Irwin County, but I fear many people if they see them have no idea for what purpose they were constructed. I will give a brief description of a wolf pit.
A round ditch was dug about six feet wide, several feet deep. In the center the earth was not disturbed. A very high fence was built around this ditch except at one place which was left low enough to allow a wolf to jump over it. In front of this low place the ditch was covered over with light brush, straw, etc., to look very much like the surrounding earth. In front of this low place in the fence and directly in front of the covering of twigs and straw over the ditch, on the ground in the center was placed the bait for the wolf, which was usually a sheep, calf, or some other dead animal. And the wolf would jump the fence not suspecting the ditch he would fall into in attempting to reach the bait and would land upon the straw covered ditch and fall through and go to the bottom from which he could not escape. When his captors arrived, they would find him confined in the ditch where he was quickly dispatched with a gun.
CHAPTER 8.
INFERIOR COURTS, BONDS, ELECTION DISTRICTS, NEW ROADS, ROAD COMMISSIONERS, NEW COUNTIES CREATED, ROAD DISTRICTS, ADMINISTRATORS AND EXECUTORS, PHYSICIANS, SLAVES, WIVES AND CHILDREN OF VOLUNTEER SOLDIERS, COLORED PERSONS, MARRIAGES, DIVORCE, TAX RECEIVER AND COLLECTOR, TAX, POOR, THREE-DAY ELEC- TION, INQUEST, LUNACY, COMMISSIONER OF PA- TROL, FERRIES, FISH, MAIL ROUTES, ADVERTISE- MENTS, ETC.
COURTS AND COUNTY OFFICERS.
The first court organized in the county was the Inferior Court. Under the Constitution of 1798, and by the acts of the Legislature the Inferior Court was designated as the Court of Ordinary. The present Court of Ordinary was established by the Legislature in 1850. The Inferior Court had jurisdiction over all county matters, the establishment of roads, militia districts and performing all duties which are now conferred upon the Ordinary or Board of County Commissioners. They also had criminal jurisdiction over slaves and misdemeanors of whites. Could try persons with or without jury. It was a court composed of six citizens none of whom had to be law- yers. The first term of this court was held on the third day of July, 1820, at the house of David Williams and the follow- ing gentlemen composed the court as the judges thereof : Ludd Mobley, John Sutton, David Calaway and David William. The only business transacted was the passing of an order au- thorizing the Clerk who was also the Clerk of the Superior Court to issue license to tavern keepers and retailers of spirituous liquors when the court was not in session.
The judges of Inferior Court were elected for a term of two to three years. Below is a list of the judges of Inferior Court from the organization of the county until the abolishment of the court by the Legislature.
,
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HISTORY OF IRWIN COUNTY
From January 1, 1820, to January 1, 1822-Ludd Mobley, John Sutton, David Calaway and David Williams.
From January 1, 1822, to January 1, 1825-Ludd Mobley, Ezekial Jernigan and Siliway McCall.
From January 1, 1825, to January 1, 1828-Ludd Mobley, John J. Underwood, Jacob Young, Robert H. Dixon, William Bradford and Siliway McCall.
From January 1, 1827, to January 1, 1829-Redding Hunter, William Bradford, Jacob Young and Robert H. Dixon.
From January 1, 1829, to January 1, 1831-Jacob Young, James L. Willcox, Robert H. Dixon and William Bradford. From January 1, 1831, to January 1, 1834-James L. Willcox, Jacob Young, John Durham and William Bradford.
From January 1, 1834, to January 1, 1837-Charles Thigpen, Jacob Young, William Bradford, Benjamin Baker, Jehu McCall and Daniel Grantham.
From January 1, 1837, to January 1, 1839-Jacob Young, Jehu McCall, Daniel Grantham, David H. Howell and Thomas Drawdy.
From January 1, 1839, to January 1, 1841-Thomas Drawdy, Jacob Young, A. P. Clements, Jehu McCall and Daniel Grantham.
From January 1, 1841, to January 1, 1845-James L. Willcox, George R. Reid, Thomas Drawdy, John Henderson and Jeremiah Baker.
From January 1, 1845, to July 1, 1845-Thomas Drawdy, James Paulk, Jeremiah Baker, John Henderson, James L. Willcox and David Branch.
From July 1, 1845, to July 1, 1849-James L. Willcox, David Branch, Jeremiah Baker, John Dorminy and Cornelius Tyson.
From July 1, 1849, to August 2, 1852-Jonathan Smith, David Branch, A. P. Clements, John B. Mobley and Jeremiah Baker.
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INFERIOR COURTS.
An act to organize the counties of Early, Irwin and Appling was passed December 21, 1819, which provided that it shall be the duty of any three or more of the commissioners herein- after named, not being themselves candidates, to advertise and superintend an election for five justices of Inferior Court by giving fifteen days' notice when said election shall be held at the places pointed out by this act for holding Superior Court, until a permanent place is fixed on and said commis- sioners shall certify to the Governor the five persons having highest number of votes who shall be commissioned by the Governor and hold office until next general election for jus- tices Inferior Court and that following persons are appointed commissioners for superintending said elections for the coun- ty of Irwin, to wit: John Sutton, Jr., John Sutton, Sr., Joshua Callaway, Willis King, Samuel Boyed, Ludd Mobley, David Williams, Redding Hunter, Burrell Bailey and Green Graham. The justices aforesaid when commissioned are hereby ap- pointed commissioners of courthouses and jails of their respec- tive counties and are vested with full power and authority to fix on the site for the public buildings in their county, which shall be as near the center thereof as convenience will admit, at which place the courts and general election shall be held as soon as suitable buildings are erected, and they are authorized to purchase land as they may deem sufficient to erect said buildings, provided they do not purchase more than one lot for the use of the county and they are authorized to lay off any portion of said land purchased in town lots and dispose of same for the use of the county and contract with any per- son or persons for building a courthouse and jail.
That the justices of Inferior Court, or a majority of them, are authorized and required to advertise at least fifteen days at three or more places in the county and hold elections in said county for clerk of Superior and Inferior Courts, sheriff, coroner, tax collector and receivers and county surveyors which said election shall be held at the places hereinafter named until the commissioner aforesaid fixes permanently on the site of the public building respectively.
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HISTORY OF IRWIN COUNTY
Until suitable courthouses are erected the Superior and In- ferior Courts shall be held for the county of Irwin at the house of David Williams. Signed :
Davis Adams, Speaker of House, Mathew Talbot, President of Senate.
Approved December 21, 1819,
Signed : John Clark, Governor.
The following act of the Legislature was passed December 13, 1823, that so much of an act to organize the counties of Early, Irwin and Appling as relates to the justices of Inferior Court of Irwin County to be the commissioners of the court- house and jail of said county be and the same is hereby re- pealed; and that William Foulson, James Crumb, Siliway Mc- Call, Joshua Griffin and Alexandra McDaniel be and they are hereby appointed commissioners of the courthouse and jail in the County of Irwin.
Section 2. That the said William Foulson, James Crumb, Siliway McCall, Joshua Griffin and Alexandra McDaniel are hereby entitled to the same powers as the before recited act gave to the justices of the Inferior Court of Irwin County as commissioners of the courthouse and jail of said county.
David Adams, Speaker of the House, Thomas Stocks, President of Senate. Approved : G. M. Troup, Governor.
The following act was approved December 24, 1825, that John B. F. Dixon, James Willcox, Emanuel Knowles, William Foulson and Elijah Beasley be and they are hereby appointed commissioners for selecting a public site for the county of Irwin under same rules and regulations in the counties of Lowndes and Irwin as prescribed in foregoing section of this act for the government and conduct of the commissioners of Thomas and with as full and ample powers as if they were prescribed in the same words.
The second session of the Inferior Court was held on the first Monday in January, 1821. Present Judges: John Sutton, David Williams and David Calaway. The only business transacted was an order passed to enter suit wherein Richard
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INFERIOR COURTS, ELECTION DISTRICTS, ETC.
Wiggins was plaintiff and Daniel Grantham de- fendant. The suit was called and dismissed at plaintiff's costs.
At meeting of Inferior Court on second day of July, 1822, the following order was passed. "The Inferior Court feels that it is proper to move the Irwin County Pecan Orchard. place of holding courts for the county of Irwin up to Murdock McDuffie schoolhouse on lot of land number 147 from this time forward and also all county elections to be held at the same place.
"Signed Robert F. Dixon, J. I. C., Elijah Beasley, J. I. C., David Williams, J. I. C."
At the July term, 1821, an order was passed establishing a public road in Irwin County beginning at the county line at Ludd Mobley and continue a river road, crossing House Creek at David Calaway ford and continue to the upper line, and Ludd Mobley, Willis King and Murdock McDuffie were ap- pointed to lay out and mark said road 'beginning at county line up to House Creek and Green G. Graham, Burrell Bailey and Isham Jordan were appointed to lay out and mark said road from House Creek to upper line of county.
Field of Irwin County Peanuts.
At July term, 1822, an order was passed ap- pointing David Calaway, Isham Jordan and Na- thaniel Statum, commis- sioners, to lay out and mark a river road begin- ning at David Calaway ford on House Creek and up to line of the county. At July term, 1824,
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HISTORY OF IRWIN COUNTY
John McCall, John Fitzgerald and G. G. Graham were ap- pointed to mark out the river road above Big House Creek and Daniel McDuffie, J. B. F. Dixon, Emanuel Knowles and Ludd Mobley were appointed to blaze out the road at the lower line at Griffins up to House Creek. James Allen, Thomas Town- send, Isaac Allen and Sion Hall were appointed to lay out a road from Ocmulgee River to Alapaha River.
At July term, 1825, John Smith, Moses Steter and Daniel Underwood were appointed to examine road from Alapaha to Little rivers and report practicability of starting same. Thomas Bradford, Daniel Grantham and William Fussell were ap- pointed to examine the road from the Alapaha to Ludd Mobley and report practicability of starting same. Daniel Luke, James Stephens and Thomas Porter were appointed to mark out river road from lower line of the county to the Dooly line.
On December 24, 1825, the counties of Thomas and Lowndes were created which provided that after the passage of this act the seventeenth and eighteenth districts and such parts of the twenty-third and nineteenth districts of Decatur County as lie on the east side of the Ochlocknee River together with the thirteenth and fourteenth districts of Irwin County do form and constitute a new county called Thomas.
Be it further enacted that the eighth, ninth, tenth, eleventh, twelfth, fifteenth and sixteenth districts of Irwin County form and constitute a new county called Lowndes.
Duncan Ray, William Forsom, Simon Hadley, Sr., Michael Horn and John Hill Bryant were appointed commissioners to select public site for Thomas County and Lawrence Folsom, Sion Hall, William Blair, John J. Underwood and Daniel Mc- Crauley were appointed commissioners to select public site for the county of Lowndes and John B. F. Dixon, James Will- cox, Emanuel Knowles, William Folsom and Elijah Beasley were under the same act appointed commissioners to select a public site for the county of Irwin. Section 7 of the act pro- vided that for the county of Irwin, the place of holding the Superior and Inferior Courts and elections shall be at the usual place of holding courts and elections in the county of Irwin until the commissioners appointed by this act shall have selected public sites for their respective counties and proceeded
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by a written notification to inform the Inferior Court of such place and circumstance and it shall be the duty of the jus- tices of Inferior Court to advertise the same, stating the lot of land selected for the public site of their county, in three of the most public places in the county and the same shall there- after immediately become the permanent public site of said county.
Section 6. Provides that it shall be the duty of the In- ferior Court as soon as commissioners have been selected to select public sites for courthouse and jail and to proceed with the letting out courthouses and jails at such site.
Section 9. Provides that the clerks of Superior Court in Lowndes, Thomas and Irwin, shall not be compelled to keep their offices at their respective courthouses.
Section 10. Provides that Duncan Ray, Archibald McMil- lan, Paul Colson, Hardy Bryan and Malcolm Ferguson, be and are hereby appointed commissioners of the academy.
The county of Ware was created in 1824, and provided that the county of Appling shall be divided by beginning on the line between Wayne and Appling counties at the line dividing the lots 505 and 501, in the fourth district of Appling County, running a due west course through the fifth and sixth dis- tricts of Appling County until it strikes the Irwin County line.
Section 2. That all that part or territory lying north of line aforesaid shall be known as the county of Appling and the other part to be known and called by the name of Ware.
An act of the Legislature approved December 23, 1822, pro- vided that immediately after the passage of this act the Gov- ernor be and is authorized to appoint two fit and proper persons to superintend the opening of a road to commence at the Alapaha at or near Cunningham ford on said river, passing through districts numbers ten, twelve and thirteen in the county of Irwin and numbers eighteen and twenty-three in the county of Early, pursuing the best and most practicable route until it intersects the Florida line near the Ochlocknee River. That the sum of $1,500 be and the same is hereby ap- propriated to carry the above recited section into effect.
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General John Coffee was appointed one of the commission- ers. No record of who the other commissioner was.
In the first old record book of wills and bonds on the first page appears this entry : "William W. Sloan, son of William Sloan and Mary Ann Sloan, his wife, was born thirteenth of February, 1822. Test William Sloan, Clerk."
BONDS.
The first bond on record was dated October 2, 1820, in which John Sutton gave bond as guardian for William Riley Adams. Amount of bond was $300.00. David Calaway was the bonds- man.
The second bond was dated March 3, 1823. Abigal McDuffie and John C. Love, administrators of the estate of Murdock Mc- Duffie, gave bond as administrators in the sum of $30,000.00. The bondsmen were John Willcox, John Sutton and Nathaniel R. Mitchell.
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