USA > Georgia > Irwin County > History of Irwin county > Part 34
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FOURTH SITE.
An act of the Legislature, approved December 22, 1831, provided that from and after first Tuesday in April next the public site in the county of Irwin shall be and is hereby permanently fixed and located on lot number thirty-nine in the third district of said county.
Section 2. Is the same as in act approved December 30, 1830.
Section 3. Same as in act as approved December 23, 1830, except the following persons named as commissioners, John Paulk, John Henderson, John Dorminy, Leonard G. Jackson and Redding Hunter.
Section 4. Same as act approved on December 23, 1830.
Section 5. Same as act approved on December 23, 1830.
Section 6. Same as in act approved December 23, 1830, and also provides until a suitable building is erected for that purpose at Irwinville, provided that nothing hereby retained shall be so construed as altering any election district in said county except the one at the present place of holding the Su- perior and Inferior Courts of said county.
Signed, Wilson Lumford, Governor.
After the passage of the above act by the Legislature the following deed to the county site was secured to wit :
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STATE OF GEORGIA, IRWIN COUNTY : This indenture made and entered into this day between Samuel Groves of the County of Madison and state aforesaid. Witnesses that Ludd Mobley by lawful attorney by virtue of the power of attorney to him granted and hereunto annexed for and in consideration of having the first and select choice of one lot have granted, bargained and sold unto the commissioners for Irwin County for the time being and their successors in office for the sole use of the county aforesaid forty acres of lot number thirty- nine in third district to be laid out and occupied as a site for courthouse and jail and in the same to hold in fee simple. I, Ludd Mobley, by virtue of the power of attorney to me granted and hereunto annexed do give, grant, in fee of to the aforesaid commissioners and their successors in office the aforesaid forty acres laid off from any of the line bounding said lot. The same to warrant and defend against any claims whatever. I have hereunto by my lawful attorney signed my approval by my legal attorney. Ludd Mobley May 22, 1832. Test before me William Fussell Luke Merritt John Fussell, J. P.
Recorded August 22, 1832.
William Sloan, Clerk
IRWINVILLE INCORPORATED.
An act of the Legislature, approved December 22, 1857, provided that the town of Irwinville be incorporated and that the limits of said incorporation extend one quarter of a mile from the residence of B. B. Ransom in every direction.
Section 2. That the citizens of said town qualified to vote for members of General Assembly may at any time after the passage of this bill elect three suitable persons to act as com- missioners who shall have power to make such By-laws for the government for said town as may be necessary.
Section 3. Provided that after first election the citizens should hold their elections for commissioners annually on first Saturday in January.
Section 4. That power to retail liquor within the incorporate limits of said town be vested exclusively in said commissioners.
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Courthouse at Irwinville, Georgia.
COURTHOUSE.
At May term, 1838, an order was passed by the Inferior Court providing that a courthouse be built on the public square at the county site. The courthouse to be thirty feet in length, twenty feet in width with two jury rooms built end ways to the house. Body is to be ten feet high and each room eight or nine feet, an inside door on each room and a door on outside of one room and a door on the end, two windows on one side of the room and one on the other, three windows on the end where the bar is placed and one on each side of the house. Blocks to be heart cypress about eighteen inches long, sills of good heart pine or cypress ten inches square, shingles to be twenty- one inches long of good heart pine or cypress. Jacob Paulk, Joseph Sumner, Joseph Clements, John H. Alexander, S. H. Kinyon to superintend letting and building same.
Benjamin Baker was contractor to build courthouse and gave bond in the sum of $1500.00 with Jonathan Smith and Elisha Tucker as security, he agreeing to build said courthouse
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according to plans and instructions given him by commis- sioners appointed to have same erected.
At the July term, 1839, the Inferior Court passed this order : That a courthouse be built on the public square at county site in Irwin County. The courthouse to be thirty feet long and twenty-four feet wide in the clear, to be built of good hewn timber, five inches by ten, or sawed lumber with a good heart shingle roof, one story and a half high, the lower story 10 be nine feet high, the half to be five feet; to consist of three jury rooms, the two petit jury rooms to be twelve feet square with two partitions to divide the Grand Jury room from petit jury room so as to form an alley of about four feet and reared up on good solid lightwood blocks, with a good floor, well dressed and laid down both below and above with one door and a window on each jury room and three doors and a window on the lower story with a bar fourteen feet from the wall, all to be built in a plain workman-like manner and that John Henderson, William Fletcher, Duncan McDermitt, Benjamin Baker and Daniel Luke act as commissioners to draw a draft to comply with above order and any material amendments they may see proper and they proceed forthwith to let out to lowest bidder the above named house on advertising same at least twenty days previous, taking a sufficient bond and security of the contractor.
This was the house that was finally built by Benjamin Baker, contractor.
At the January term, 1841, Joseph Sumner and Lott Whiddon were appointed commissioners on courthouse in place of Benjamin Baker and William Fletcher who had become con- tractors on same.
SECOND COURTHOUSE.
At July term, 1850, Jacob Young, J. E. Bass and George W. Cooper were appointed commissioners to examine the court- house and take into consideration the necessities of the house and publish same until first Tuesday in August next, then the same to be let out to lowest bidder.
· At January term, 1854, it was ordered that new courthouse
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Courthouse at Ocilla, Georgia.
be built; a good framed house, forty-two feet in length, thirty- six feet in width, one story and a half high.
At September term, 1854, it appears that Loam Brown was the contractor to build new courthouse and that he was paid $400.00 on the contract, in December he was paid $500.00, in March, 1855, he was paid $108.00, in July, 1856, he was paid $215.50.
THIRD COURTHOUSE.
On August 8, 1883, the court of Ordinary passed an order that the old courthouse be sold at public outcry to the highest bidder, after posting notice of sale ten days at courthouse door, the proceeds of sale to be paid to county treasurer requiring purchaser to remove the same and all rubbish off the public square in a reasonable time. It was also ordered that contract be let for building a temporary house to hold public records safe, etc., and offices during time occupied in building said courthouse, which contract was to be let on same day of sale of old courthouse. The contract to build this house was awarded to A. B. Shepley for $31.50, the removal of the old courthouse was let out to John Clements at sum of $40.50.
On June 14, 1883, Jehu Fletcher, Sr., B. H. Shivers, R. W. Clements being appointed a courthouse building committee de-
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termined upon and completed the plans and specifications of a new courthouse which were filed in the Ordinary's office at that date. Said committee advertised for bids to be received July 25, 1883, at two o'clock P. M. Mr. A. D. Shepley was awarded the contract to build a courthouse according to plans and specifications at price of $4,080.00.
JAILS.
The first jail built in Irwin County was erected in 1849 and 1850. It was made of logs hewn square about fourteen inches, two stories high; on bottom floor was a dungeon with two layers of hewn logs on all sides with one layer of hewn logs on top with a door in center. The top story was of one layer of hewn logs all around with layer on top. In other words it was four walls of hewn logs on four sides top and bottom all weatherboarded on side with good plank lumber with steps leading up to top story to front door which was built on outside of building with two doors leading into top story. The inside door had a hole just large enough to permit the jailer to hand plate of provisions in to prisoner. This inside door was never unlocked except to take prisoner out of jail or place one in jail. The outside door was of heavy material and in feeding the prisoners it was not necessary for the jailer to expose himself to the prisoners, he would unlock the outside door and pass provisions in through hole to inside door.
George W. Cooper was the contractor to build the jail. The records show that he was paid $740.50 for same and that Jacob Young was paid $30.00 to buy jail locks.
In 1856, a man named Johnson was a prisoner in jail charged with murder, he was taken sick while confined in jail and died and David L. McCall was paid $14.15 for burial expenses. He was buried in the old cemetery in the field near the present Masonic Hall in Irwinville.
Just after the close of the Civil War a Negro, Josh Williams, killed two white men named Dan and Bill Luke. It seemed to be a case of wilful murder. He was arrested and placed in jail and the same night some one set fire to the jail and the Negro and jail were burned. The jailer lived one mile away and no one could render any assistance. The Negro was heard to
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الري في المشطية ٦٪
Jail at Irwinville, Georgia.
scream one time. His ashes and bones were gathered and were buried in the old cemetery in field near Masonic lodge.
Another jail was erected on same site as the old one, similar in all respects to the first one that was burned.
In 1876, Joshua Welsh killed a man by the name of Merritt. He was arrested, accused of murder and placed in jail at Irwin- ville. After being in jail for some time he succeeded in secur-
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ing one of the small logs used in building the jail down from the wall and using it as a battering ram upon the doors of the jail succeeded in breaking the locks to the doors and made his escape and has never been seen or heard of since. The jailer, Mr. D. M. Hogan, lived a mile away. He made his escape in daylight in the early morning about breakfast time.
The jail was not sealed on the inside but weatherboarded on the outside and there were cracks between the logs about two inches wide. About 1880, there was a Negro in jail charged with some misdemeanor, R. W. Clements was the jailer. One day this Negro was heard screaming and holloing as if all kinds of demons were after him. Mr. Clements hastened to the jail, opened the outside door and asked the Negro what was the trouble and he replied, "There is a rattlesnake in here." Mr. Clements opened the inside door, looked and saw a big rattlesnake as the Negro said but the snake crawled back through a crack in the logs and escaped. The Negro was immediately taken out of the jail and guarded until the jail could be securely sealed on the inside so no snake could possibly get to the inside of the jail where the prisoners were confined.
Later another Negro was placed in jail charged with a misdemeanor. After being confined for some time when Mr. Clements carried him his dinner he complained of being a little sick, the next morning he was no better, at dinner he would not talk to Mr. Clements, only mumble like he was delirious. Mr. Clements opened the inside door to minister to him, just as the inside door was opened the Negro jumped up, ran over Mr. Clements and ran down the steps and off to make his escape, but he being weak from confinement was overtaken by some parties more fleet of foot than himself and returned to jail.
At September term, 1870, of the court of Ordinary, A. P. Clements, D. M. Hogan, Jacob Young, James Fletcher and Jehu Fletcher were appointed commissioners to superintend the building of a good and substantial jail for the county. The third jail built was a modern steel four-cell jail.
In 1890, the Grand Jury in their presentments say : "The .gradual growth of our county both in population and wealth
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with a general mixture of all nations and nationality which naturally breed and bring forth crime of all kind and character, forces us to recommend the proper authorities to have erected a jail for the present and future occasions, one worthy of our county and not a sweat box to punish the unfortunate ones who would be confined there awaiting their trial before the judge and jury.
Consequently a modern two story brick jail with eight steel cells was erected. Cost of this jail was $3,395.00.
FIRST LEGAL HANGING IN IRWIN COUNTY.
At the July term, 1849, an order was passed by the Inferior Court allowing the sheriff, Manassa Henderson, $30.19 for executing a slave, Will Tayler, who belonged to Dennis Tayler, also for coffin, jail fees and maintaining said slave until his execution. On July 2, 1849, W. H. Perkins was paid $2.00 for his services at the trial and on same date M. Henderson, sheriff, was paid $18.00 juries fees on trial of the slave Will Taylor and James C. Fussell and Byrd Fussell eighty-seven and one-half cents for rope and hinges to hang the Negro.
This Negro had been fishing in the Ocmulgee River and on his return home he found the dead body of a man, and Negro like, stopped to examine him. The dead body was afterwards found and the Negro's tracks were there which led to his arrest and conviction. On account of the evidence against him it being circumstantial many people doubted his guilt. He was hung publicly near the present residence of T. E. Lee in Irwinville and was buried there.
SECOND HANGING.
The Grand Jury at the November term, 1897, returned a bill of indictment against Henry Nesbit, a colored man, for murder. He was convicted and sentenced to be hung on the tenth day of December, 1897. He was executed on that day. R. V. Handley was sheriff and the executing officer. One of the largest crowds ever to assemble in Irwinville was present on that day to witness the execution. At the appointed hour he was promptly executed upon a gallows erected in the jail
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yard at Irwinville. His body was buried in the colored Meth- odist Church cemetery at Irwinville.
COURTHOUSE REMOVALS.
On August 24, 1897, a petition signed by R. V. Handley and 1800 others was filed in the office of the Ordinary of Irwin County asking for the removal of the courthouse from Irwin- ville to Fitzgerald. An election was ordered to be held Thurs- day, October 21, 1897, which resulted in the defeat of Fitz- gerald and county courthouse remained at Irwinville.
THE FOUNDING AND SETTLEMENT OF FITZGERALD.
Between the years, 1880 and 1895, Drew Brothers operated a large turpentine distillery in Irwin County and the plant was located where Fitzgerald is now situated. Drew Brothers in addition to the turpentine distilling plant, operated a store, had a number of Negro shanties, a large substantial horse and mule barn and three or four good substantial dwellings, occupied by the owners and other white employees. They employed a large number of Negroes. There was a post office located in the store named Swan. Mail was received twice a week from Irwinville, transported with horse and buggy or road cart. Drew Broth- ers were honorable gentlemen and successful business men. They owned several thousand acres of land around the little post office of Swan. Covering all this territory at that time, was an unbroken pine forest. The nearest railroad was a line from Abbeville to Lulaville, about six miles north. Lula- ville was the home of Hon. R. V. Bowen, who was also engaged in the turpentine and mercantile business.
On July 17, 1895, Drew Brothers sold all their land to a man by the name of Fitzgerald, of Indiana, who bought it as trustee for the American Tribune Soldiers Colony Company. This was an organization which had been thoroughly advertised as a federal old soldier colony, the advertisement proclaiming that land and homes could be secured very cheap; shares in the company were sold which entitled the shareholder to draw for lots ranging from five to twenty acres each or city lots. The city of Fitzgerald was laid out, the land outside of the town site was surveyed into lots of five acres each, nearest
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the town and those a little farther away into ten-acre tracts, while those farthest away were surveyed into twenty-acre tracts. All this while extensive advertising was being carried on, attracting the attention of a large number of the old Union soldiers as well as others to this land of milk and honey where homes were cheap, a climate unsurpassed, away from the rigors of the extreme cold weather of other sections, where a man could work out doors every day in the year. In fact this country was painted in such glowing language until very few who heard or saw it could resist the temptation to invest their money and come and see the country. This was done, they came by every means of travel known in that day. They came in wagons from almost every state in the Union. Many shipped their belongings to the nearest railroad station and getting from thereon to the new town as best they could. Arriving at the place, accommodations, such as living quarters, were few and many lived in their wagons or tents until they could provide something better. Soon small sawmills were erected in this body of timber and began to manufacture lumber which was so badly needed by these first colonists to erect some kind of shelter for their loved ones. These first settlers used anything obtainable in the shape of lumber to erect their first building. Many built their first houses of slabs which heretofore had been burned in the slab pit of the sawmills as being of no earthly use. Houses of all kinds were erected of this material, stores, dwellings, barns, etc. In fact it was once called Slab Town. Irwin County at that time was in a manner sparsely settled, still there were quite a few people liere, many who were well-to-do farmers and stock raisers, having excellent homes for that day. This new town and colony springing up almost over night was quite a curiosity to them, a place to visit, consequently on Sunday afternoons many would drive over to investigate. It was a popular drive for courting couples or for a young man to take his best girl sight seeing. The natives were a curiosity to the newcomers, as one of the early colonists told me that when he came down here he thought no people were in this country except probably a very few scattered squatters, that he was never more surprised on his first Sunday at his new home to see quite a number of
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top buggies, with fat, sleek horses pulling them, filled with well dressed intelligent looking people whom he learned were na- tives living in the adjoining neighborhoods.
The people who owned the railroad from Abbeville to Lula- ville seeing so much progress at the new town decided to extend their line not only to the new town of Fitzgerald, but south ten miles to Ocilla, Georgia.
The Colony Company, after completing all surveys, finally had their lottery or drawing for lots, both city and country and all those who owned shares secured their lots and began making improvements thereon. The first settlers of this colony were largely Federal ex-soldiers, but quite a number were younger men from all parts of the union with a sprinkling of Southerners. As is usually the case with boom towns, or settlements, there came all classes of people and Fitzgerald was no exception to this rule; many came who were not desirable but a numerous host came who were honorable, up- right gentlemen and ladies and made good citizens. Quite a few of the undesirable settlers were soon tired of their new environment and moved away to the delight of the better element of the colony and citizens of the county.
At the time of the settling of this colony there was a local law of force in the county of Irwin prohibiting the sale of whiskey, soon this law was openly violated by many and the violators were brought before the court, convicted, but the cases were carried to the higher courts and the law declared unconstitutional and defendants were allowed to go free. For quite a while after this the sale of whiskey was indulged in, in Fitzgerald, Ocilla and Irwinville until the sale was out- lawed in the State of Georgia.
At this writing many of the descendants of the original colonists reside in and around Fitzgerald and this territory can boast of as good citizenry as any section upon the globe.
About same time railroad was extended from Lulaville to Fitzgerald and Ocilla, the Tifton and Northeastern Railroad was extended into Fitzgerald which gave them two separate lines of railroad and removed the difficulty of transportation and greatly encouraged new enterprises of all character as well as an inducement to new settlers.
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TIFT COUNTY CREATED.
An act approved by the Legislature August 17, 1905, pro- vided for the creation of Tift County as follows: Beginning at northwest corner of lot of land number sixty-nine in sixth district of Irwin County and following the land line to the northeast corner of lot number sixty in sixth district of Irwin County, thence south to southwest corner of lot number eighty in sixth district of Irwin County, thence east to southeast corner of lot number eighty-one in sixth district, thence south to southwest corner of lot number one hundred and three in said sixth district, thence east to the Alapaha River, thence along the Alapaha River to where the south line of lot number two hundred and thirty-three in sixth district of Irwin inter- sects with said river, thence south along east line of number two hundred and seventy-four, thence west to southeast corner of lot number two hundred and seventy-two in sixth district of Irwin, thence south to the southeast corner of lot number
OCMUL
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R.
15T. COUNTY CITE
IRWIN
IRWINVILLE 3RD COUNTY CITE
Map No. 9 .- Irwin County, after creation of Tift and Turner Counties.
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two hundred and seventy-three in sixth district of Berrien, thence west to the southeast corner of lot number four hundred and nine, thence south to southwest corner of lot number two hundred and nine, thence south to southeast corner of lot num- ber four hundred and twenty-one, thence west to southwest corner of four hundred and twenty one, thence south to south- east corner of lot four hundred and fifty-three, thence west to southwest corner of four hundred and fifty-three, thence south to southeast corner of four hundred and sixty-nine, thence west to southwest corner of lot number four hundred and sixty-nine, thence south to southeast corner of four hun- dred and ninety-seven, thence west to southwest corner of four hundred and ninety-seven, thence south to south line of sixth district Berrien County, thence west to west line of sixth district of Worth County, thence north along district line be- tween sixth and seventh district, Worth County, to south- west corner of lot of land number two hundred and seven in seventh district, Worth County, thence north to northwest corner of lot number two hundred and fifty-four in seventh district, Worth, thence east to said district line, thence north along said district line to starting point.
TURNER COUNTY CREATED.
An act approved by the Legislature August 18, 1905, created Turner County : Beginning at a point where the lot line between lots number twenty-four and sixty-nine in sixth district of Worth County intersect with Irwin line between Worth and Irwin counties in Little River, thence west along the south line of number twenty-four to the southwest corner being on district line between sixth and seventh districts Worth County, thence south along district line to center of Daniels Creek cornering at junction of said district line and said creek, thence up said creek to district line between second and seventh districts Worth County, thence west along said district line between second and seventh district and between sixteenth and seventeenth districts of Worth County to southwest corner of lot two hundred and nine in sixteenth district Worth County, thence north of the land line through sixteenth and fourteenth districts Worth County to where same intersects
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present line between Worth and Dooly counties in Swift Creek on line between lots two hundred and five and two hundred and six in fourteenth district Worth County, thence in a north- westerly direction down Swift Creek to south line of lot one hundred and eighty, the greater part of which is in fourteenth district Dooly County, thence east the line between fourteenth and thirteenth districts of Dooly County to where lots number one hundred and ninety-two and one hundred and ninety-three in thirteenth district Dooly County, corner on present boundary of Dooly and Wilcox, thence along the Dooly and Wilcox County line north to northwest corner of lot three hundred and seven in twelfth district of Wilcox County, thence east of twelfth district line of Wilcox to northeast corner of three hundred and one in said district, thence beginning at northwest corner of lot number two hundred and fifty-four in second district Wilcox and running east along land line to a point in Alapaha River to where it crosses land line dividing lot number five in first district from number two hundred and fifty-eight in second district Wilcox County, thence a southeast direction along the Alapaha to line between one hundred and five and seventy-six in third district Irwin, thence west to land line in third district Irwin to southwest corner number one hundred and twenty-one in second district Irwin, thence south the land line to southeast corner of lot thirty-three in sixth district of Irwin, thence west the land line to the starting point.
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