USA > Kentucky > Hardin County > Elizabethtown > A history of Elizabethtown, Kentucky, and its surroundings > Part 2
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Christopher Bush, Jr., the youngest son, but one of the original Christopher Bush, remained and died in Kentucky. He was a good citizen and successful farmer. He reared a family and paid more atten- tion to the education of his children than any other member of the family, and it turns out that his labor was not in vain. His eldest son, Martin M. Bush, Esq., is one of the best surveyors in the State. The Hon. W. P. D. Bush is a lawyer of considerable distinction ; he has been frequently in the Legislature of Kentucky and was in some degree a leader of the Democratic party, and is now reporter of the decisions of the Court of Appeals. Two other sons, Robert Y. Bush and Squire H. Bush, are lawyers of promise.
One of his daughters was married to Col. Martin H. Cofer. Col. Cofer, son of Thomas Cofer, was born in the vicinity of this town, and under adverse circumstances commenced the study of law, and soon after entered upon a lucrative and successful practice at the Elizabeth- town bar. At the commencement of the late civil war he took sides with the Confederates and commanded a regiment throughout the war, and was regarded as an able and gallant commander and now bears upon his person some receipts that will accompany him through life. As soon as the war was ended, having passed through many of the most terrible battles of that disastrous war he returned to Elizabethtown, having lost all but his honor, and immediately applied himself assiduously to his profession, gracefully submitting himself to the laws and the powers that be, in such a manner as gave him the esteem of all parties, acknow1- edging that the wager of battle had decided against secession. He has since published a valuable work on the decisions of the Court of Appeals of Kentucky, and is now regarded as one of the best lawyers in Kentucky.
CHAPTER III
FIRST COURT
The first term of the county court was held at the house of Isaac Hynes on the 22nd day of July, 1793. Present, Patrick Brown, John Vertrees, Robt. Hodgen and Bladen Ashby, gentlemen Justices.
FIRST CLERK
John Paul was appointed clerk protempore, not having a certificate of qualification. Isaac Hynes produced a commission and was quali-
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fied as first sheriff. Constables, districts were laid off by captains com- panies. John Paul, under a commission, qualified as first coroner.
AUGUST TERM, 1793
Samuel Haycraft was appointed to take in the lists of taxable prop- erty for Hardin county.
FIRST SURVEYOR
Benjamin Helm, under a commission from Governor Shelby, quali- fied as surveyor.
Several constables were appointed, and as hogs and cattle began to multiply in the land, many men had their "ear-marks," meaning stock mark, recorded.
The mark recording continued for many years in great abundance, as men were honest and did not wish to take their neighbor's hogs and had a slight indisposition to losing their own.
Anticipating that some men might be poor, overseers of the poor were elected. Court house and jail talked about it. At that time an order was spread on paper, no record book being yet procured, in these words :
"Pursuant to an act of Assembly a majority of the magistrates in the commission of the peace, were of the opinion that the most conve- nient place for erecting the poor house and jail for county of Hardin, was in Severn's Valley on the land belonging to Andrew Hynes, laid off for that purpose, and on that part of said land that adjoins Samuel Haycraft, and it is ordered that said building be erected at the aforesaid place. By consent of Isaac Hynes it is ordered by the court that he build a pound for the purpose of keeping strays on court days as directed by an act of Assembly."
JAIL
On the same day the sheriff was directed to let out the building of the "jail to the lowest bidder." The court adjourned to meet at the house of Isaac Hynes.
The stray pen or pound was then necessary, as few pastures were enclosed, and cattle and horses found plentiful food in browsing on the cane brakes. Cane grew in abundance on all rich lands and particu- larly on the margins of water courses.
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PUBLIC RECORDS
I might as well say here that clerks had no office buildings, no desks or presses, or any lock up affairs. The clerk of the county court tumbled his papers into a basket. The clerk of the Quarterly session court, laid his documents in a buckeye bread tray.
No bound books ; what purported to be the records were written on coarse sheets of paper sewed together. But since by authority of the Legislature acts have been transcribed into bound books.
Previous to and at this term, the court manifested a laudable zeal in opening communication with the outside world "and the rest of mankind." Viewers were appointed to lay off roads from the court house (as the town had no name) to Parepoint's mill, to the crossing of Meeting creek on the way to Hartford. And Robert Baird, Phillip Taylor and Robert Mosley were appointed to continue as viewers for a road from the crossing of Meeting creek to Hartford; these two links proposed a road seventy-five miles long, through a trackless country, except buffalo traces, and those traces had no general direc- tion, except from cane brake and from water course to water course and celebrated licks.
DEER LICKS
Deer resorted much to salt or sulphur licks ; these licks were closely watched by hunters, and as those animals are keen scented, the hunter took his position in the trees surrounding the lick, and it was a rare thing to miss bringing down a buck every night. Experienced hunters never looked for the game on the course of the wind, as a deer could smell a man on the wind two hundred yards.
ROADS
To return to roads. Ways were laid out from Hodgen's mill to the valley, to the Burnt lick on Rolling fork to Salt lick, and the road from Elizabethtown to Hodgen's mill established 75 years ago still exists with some small alterations.
JAIL
At the same time, 1793, the building of the first jail was let to Isaac La Rue at twelve pounds and sixteen shillings.
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CHAPTER IV
I omitted to state in the proper place, to-wit: At July term, 1793. "The court proceeded to rate the several ordinaries in the counties as follows :
To whisky by the half pint, 71/2 pence; for lodging one night, 3 pence ; for supper or breakfast, I shilling; for dinner, I shilling and 6 pence ; for stabling and hay per night, I shilling ; for corn and oats by the gallon, 6 pence ; for one quart do., 2 pence ; for pasturage for horses 24 hours, 6 pence.
The tavern keepers at Hartford, Vienna and Hardin's settlement (Hardinsburg) are allowed to sell whisky at 6 pence per half pint.
There is something remarkable in the above bill. One-half pint of whisky seems to have been worth two and a half nights' rest in a feather bed ; perhaps whisky was considered to be a necessity, and a good night's rest a mere matter of fancy ; but it is more difficult to arrive at the reason why whisky was not worth as much at Vienna ( falls of Green river ), Hartford or Hardin's settlement as at the Valley. It might have been because whisky was not so good at those places or money matters a little tighter, although Beaver was more plentiful at those places.
(Note-Taverns were at this date styled "ordinaries," universally pronounced "ornaries," and Spiller Waide says, "It is highly likely the pronunciation hit the nail on the head more appropriately than the spelling." In Virginia they are yet called Inns. )
BIG BILL
Speaking of Hardin's station or settlement, I digress a little. Wil- liam Hardin, who founded the settlement, was a man of giant size, and ponderous weight, and was a terror to the Indians, and was known to them as "Big Bill," and their great desire was to get his scalp.
Hardin, like every other man at that day, was a hunter. Early one morning he came out of his house and fired off his gun, in order to wipe it out, preparatory to a hunt. A stout warrior stepped from behind the chimney with a rifle poised and, making sure of his man, could not resist the temptation to tantalize, and exclaimed : "Hooh, Big Bill!" That was a fatal pause for the Indian, when Hardin, quick with
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his gun, clubbed, knocked down the Indian's gun, and in a minute the Indian lay dead at his feet.
COUNTY LEVY
At December term, 1793, the court proceeded to lay the county levy.
The allowance amounted to 47 pounds 14 shillings, including build- ing of the jail, clerk's book, sheriff's extra services, per cent, and in the whole county there were 318 tithables assessed at 3 shillings each.
Samuel Haycraft, gentleman, as commissioner of taxes, allowed 31 days for taking lists at 6 shillings per day.
(The county was nearly 140 miles long and on an average nearly 50 miles wide.)
Commissioner appointed to settle with the county of Nelson for levies paid before and after Hardin county was erected.
JULY TERM, 1794
Rosannah Swank administered upon the estate of her deceased hus- band, John Swank. John Swank lived in a fort of his own two miles northeast of Elizabethtown. He and his wife on a travel to Bardstown were waylaid and attacked by the Indians. Both of their horses were shot under them and Mrs. Swank was wounded in the arm. In attempt- ing to make their escape after running a short distance her horse fell dead under her ; she had a new saddle which she stripped from the dead animal and hung it in a tree. Swank's horse, being yet able to go, he dismounted and put his wife on his saddle, and he fled on foot to a cave on the old Cofer farm two miles from his fort. His dog betrayed him by barking at the pursuing Indians, and he was pierced by nine- teen bullets and killed instantly.
Mrs. Swank fled on her husband's wounded horse until he failed. She left the dying horse and escaped on foot, and being a fleshy woman and clad in a new heavy linsey dress, she pulled it off as she ran, and so strong was her carefulness that she saved every pin and stuck them in an even row in the bosom of her dress.
She lived many years after, a skillful and popular midwife. Swank's® fort occupied the ground where her son-in-law, William Edlin, after- wards lived and died. She left considerable family of Swank's, the most of whom became rich or comfortable and subsequently removed to
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Missouri. The Edlin family now residing among us are the grand- children.
CLERKS
At the July term, 1794, John Paul, who had been acting as clerk pro tem., produced a certificate of his qualification from the Judges of the Court of Appeals and was permanently made clerk of the County Court of Hardin.
August term, 1794, the court appointed commissioners to inspect the jail built by Isaac Larue and reported it well done, and allowed 12 pounds 16 shillings, equal to $42.662/3. This was a cheap jail, although it was built of poplar round logs. It was standing within my recollec- tion, but terribly bored by bumble bees-and never was worth a flint as a jail.
The next day the sheriff protested the public jail as insufficient.
October term, 1794, John Paul, clerk, was allowed 12 pounds 14 shillings for record book and traveling expenses on horseback to Lex- ington and back, ex-officio, services, paper, etc. Sheriff allowed 6 pounds 5 shillings for ex-officio services in 1793, and 8 shillings for a ticket box for the use of the election for that year, voting by ballot, I suppose.
COURT HOUSE TO BE LET
January term, 1795, Court held at the house of John Vertrees.
"Ordered that the Court House be let to the lowest bidder at the next March Court, agreeable to a plan that will be read on that day, and that the sheriff advertise the same."
Ichabod Radley was sworn as Deputy for Isaac Hynes, Sheriff. Ichabod Radley was a Down Easter, and had a better English educa- tion than common for that day, and was employed by William Hardin, of Hardin's settlement, as a teacher. The late Hon. Ben Hardin, Robert Wickliffe and many other men of note were his pupils. He was the first who shook the birch over my head. In passing through the Valley to Bardstown he became acquainted with Hannah Bush, daughter of the elder Christopher Bush; that acquaintance ripened into love and in due course of time they were married. They raised quite a family and all left the country but our fellow citizen, Isaac Radley, Esq., a gentleman of property in this town. He has filled the place of Deputy
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and high Sheriff several years and counted as an excellent officer, and now stands at the head of a genteel and worthy family.
THE COURT HOUSE ON WHEELS
The Court had fixed the place for erecting the Court House in the Valley ; but the settlers around Hodgen's mill wanted it there, and in order to give every place a fair shake, the Court at March term, 1795, passed the following order verbatim, to-wit :
"Ordered that it be advertised that the Court have no objection to the public buildings of Hardin county being erected in any convenient place where the largest superscription may be made for ; provided, a sufficient superscription may be made by the next May Court."
MAY TERM, 1795
Samuel Haycraft, gentleman, produced a commission from Gov- ernor Isaac Shelby, appointing him sheriff of Hardin county, and was qualified and gave bond with John Vertrees, Stephen Rawlings and John Paul, his securities.
Edward Rawlings was admitted and qualified as Deputy Sheriff.
SPUNKY DEPUTY SHERIFF
Edward Rawlings, son of Stephen, was then a young man, after- wards Captain Rawlings. He was a slender, tall man, with but little surplus flesh, nearly all muscle, very active, and prided himself on his manhood and high sense of chivalric honor. A warrant was placed in his hands to arrest "Bill Smothers," who was a rollicking kind of out- law, and frequently guilty of personal outrages. He infested the lower end of the county-now Daviess county (which I omitted in my first number to set down as part of Hardin), about 130 miles from the present Court House. Rawlings, by strategem and some help, arrested Smothers, tied him on a horse and started with him on a long journey for the jail. When on the road between Hartford and Hardin's settle- ment, Smothers addressed Rawlings something after this manner :
"Ned, I have heard of you, and that you boast yourself to be much of a man. Is it fair if you are a better man than me? I promised to go with you untied, and if I prove to be the better man then let me go."
Rawlings was too high strung and chivalric to stand that, im- mediately dismounted and untied his prisoner, and at it they went .- and,
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like James Fitz James and Rhoderic Dhu, without a spectator to behold the contest, they were well matched. Their brawny arms encircled each other, and every power of muscle, sinew and bone was put in requisition and it would have afforded a rare chance for a special artist. The con- test was long and doubtful. But Smothers, being as accustomed to hardships and lying in the woods as the wild beasts, outwinded the Deputy and came off the victor, and accordingly went his way, and Rawlings considered that the matter had been settled by the code of honor, fist and skull, and was content with the issue. His fee in case of success would have been three shillings in tobacco at a penny ha-penny per pound.
SUPERSCRIPTION FAILING-COURT HOUSE TO BE BUILT IN THE VALLEY At May term, 1795, appears the following entry of record :
"At our last Court an order was passed to advertise that the Court had no objection to the public building being erected by superscrip- tion was brought forward at this Court, but no superscription appear- ing, the Court proceeded to let out the building of the Court House to the lowest bidder, which was cried off to John Crutcher, gentleman, at 66 pounds, to be built agreeable to a plan which was read at the Court House door. It is not exactly certain where the Court House door was, as there was no public Court House. Most likely it was at the door of Capt. John Vertrees, on the spot where James S. Howey now lives.
The Court adjourned till Court in course to be held in Elizabeth- town.
This is the first time that the place was designated as Elizabethtown. It was thirty acres of land laid out by Col. Andrew Hynes in 1793 as a place to erect the public buildings, and at this time the name was given in honor of the Colonel's wife, Mrs. Elizabeth Hynes.
This action of the Court settled the point where the Court House should be, so far as the Court was concerned, but it was not satisfactory to the whole county, as it was only ten miles from the upper end of the county, and one hundred and thirty miles from the lower end of the county, which was sparsely settled.
The controversy was between the settlement of Nolin and the dwell- ers in the Valley. The Nolin settlements consisted chiefly of the
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Hodgens, Larues, Phillipses, Kirkpatricks, Deremiahs, Ashcrafts, Dyes, Walters, Kostars, etc.
The Valley settlement was composed of the Helms, Hyneses, Churchills, Millers, Haycrafts, Bushes, Percifuls, Bruces, VanMeters, Shaws, Bruners, Bells, etc., the Valley being rather the most numerous.
There was hot blood all the time from 1794 to about 1803, each set- tlement believing they ought to have the county seat, and the con- troversy was bitter and hostile feelings divided the two sections. But particularly at the annual elections the feeling could not be controlled and during that period was the occasion of at least fifty combats of fist and skull, there being no pistols, knives, brass knucks or slungshots used in those days. The only unfair weapon used to my knowledge was by a young man by the name of Bruce, who had his shoes pointed with iron or steel, something like gaffs, being himself addicted to chicken fighting.
On one occasion, when quite small, I remember to have seen about twenty couple fighting at once at the end of Main Cross street, near where the bridge now stands. I think that was the last conflict. It terminated in a running skirmish as far out as the long hollow. But these matters have long since been forgotten, feelings and friendly rela- tions having been restored.
Hodgenville is now the county seat of Larue county, which was struck off from Hardin in 1842 and is a flourishing, pleasant town.
CHAPTER V
COURT HOUSE BUILT AND A NEW COMER ON THE SAME DAY
The Court House must be built-John Crutcher, gentleman, was the undertaker for sixty-six pounds, equal to about $220, more or less. It was considered a pile-well it was to go up in the woods. The trees were all around. The old Kentucky axe with a good hand at the off- wheel, could fell the trees. The broadaxe could hew, the whipsaw could cut the plank, the frow and drawing-knife make the shingles (to be put on with wooden pegs), all to be had within one hundred yards of the spot. Uncle Johnny was a pusher, and he had willing hands-and such a ringing of the woodman's axe, such a crushing of falling trees, such a whizzing of the whipsaw as it ran up and down-by the job-by the
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job-in double quick. Then such a scoring and hewing, such a sawing and riving and snaving. Then the many songs and jibes of the laborers making vocal the grand forest-nothing equal to the excitement was experienced since Indian times.
Many hands made light work, so that on the 14th day of August, 1795, most glorious day, all was ready for the grand raising. Skids and hand-spikes and pushing dog-wood forks all ready, and forty strong hands on the ground with numerous women and children to behold the grand sight.
A little difficulty sprang up about the feeding of such a large force of healthy, hearty men, each of whom could lift three or four times as much weight, and each of them could eat nearly the tenth part of his weight avoirdupois.
My father's double log-house cabin was the only chance. The old house stood about seventy yards southeast of the fine dwelling house of T. H. Gunter, Esq. It was in the middle of what is now the railroad tract, and in this connection I will show what the women of the olden time could perform. My mother and eldest sister, with some younger ones, to hand things and bring water, got the dinner in the style of those halcyon days. Large loaves of bread from the clay oven, roast shoats, chickens, ducks, potatoes, roast beef with cabbage and beans, old-fash- ioned baked custard and pudding, and the indispensable pies, pickles, etc., etc.
Well, the dinner was set, all hands had their fill, the men back to their work, the table cleared off, the crumbs shook out to the dogs, the dishes, pewter spoons, knives, forks and pewter basins wiped and stowed away on the shelf of the dresser-that brought nearly 3 o'clock, p. m. On that remarkable occasion and about that time I made my first appearance on the stage of action, but as a new comer I was in a pitiable plight and destitute condition, for I was naked as a rat, without a cent of money and no pocket to put it in if I had a copper.
But I fell into good hands-was well clothed and fed, grew a little, and have weathered the storms of seventy-four winters and summers, having retained my eyesight, hearing, smelling, taste and appetite in a remarkable manner, and scandal says yet very fond of a good cup of coffee.
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ELIZABETHTOWN ESTABLISHED-JULY TERM OF 1797
Thus far I have been somewhat tedious in giving the proceedings of a county court in olden times, omitting the innumerable stock marks, administrators, deeds acknowledged in open court, constable appoint- ment, etc.
TOWN ESTABLISHED
At a court held on the fourth day of July, 1797.
PRESENT
Robert Hodgen, Stephen Rawlings and George Helm, gentlemen justices.
On motion of Andrew Hynes, Esq., who together with Benjamin Helm, his security, entered into and acknowledged their bond, condi- tioned agreeably to an act of assembly vesting the county courts with power to establish towns, etc. Whereas thirty acres of land, the prop- erty of the said Andrew Hynes, has been laid off in town lots, and the public buildings for the county of Hardin erected thereon, agreeable to the plan laid down and recorded in the Clerk's office. It is considered by the court that the town so laid off be established and known by the name of Elizabethtown. Ordered that the following persons be ap- pointed trustees to said town, to-wit : Robert Hodgen, Benjamin Helm, Armstead Churchill, John Vertrees, Stephen Rawlings, Samuel Hay- craft, Isaac Morrison and James Crutcher.
SECOND JAIL
At the same term, July, 1797, the repairing of the Court House and the erecting of stocks (whipping-post included) was let to Stephen Rawlings at 24 pounds ; also the building of a new jail was sold to said Rawlings at 150 pounds, the work to be completed by the first day of January next.
This was a substantial hewed log building, lined with thick oak plank, spiked well with wrought spikes, and was built on the spot where the public well is now situated. In those days men were imprisoned for debt, a mistaken policy, a relic of hard times and barbarism long since exploded, and in course of a few years many men, white and black, were confined in the stocks and flogged at the whipping-post. The manner of punishment in the stocks was this : The offender was placed
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upon his knees, his head and hands placed through the holes formed in two planks, the upper one sliding in a groove, let down and fastened with a lock. If the man was dead drunk he was laid on his back and his feet inserted in two holes made to suit the case. He laid there until he was sober.
An old statute required a ducking stool for scolding women, but our old county court gentlemen were too gallant to avail themselves of that kind of machine, and let the fair sex scold on ad libitum if they chose.
The last described jail stood some years, and a man confined for debt concluded to burn his way out, fired the jail, and the jailer being out of the way, it was with much difficulty he was saved from being burned alive. The jail burned down, and the prisoner was indicted for arson, but was acquitted, and being a bricklayer, afterwards put up the best brick house in town, and in 1826 fell heir to an estate of $9,000 in England. 1
CLERK RESIGNED-HIS PLACE FILLED
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On the 5th day of March, 1800, John Paul, clerk of the County Court, resigned his office, and Ben Helm, Esq., who produced a cer- tificate of qualification, was appointed in the place of Paul. Major Helm held the office until February, 1817, when he resigned. Mr. Helm died in February, 1858. In the May following he would have been ninety-one years old.
Here I must anticipate the chronology of my history running out the jails and court house matters.
STONE JAIL
The building of a new jail (the third jail), to be of stone, was let to Charles Helm on the 25th day of November, 1806, at $2,485. The jail was to be forty-two feet long and twenty-one feet wide. The dungeon was under ground after the barbarous plan of old feudal times. The jail was divided so as to admit of the jailer residing in it. An example of this may be found more than 1,800 years ago, being authorized by the New Testament. I mean the jail at Phillippi, where Paul and Silas were confined in chains. Being devotional men, they sang praises to God and prayed at the dead hour of midnight. When the jail was shaken with an earthquake, the fetters fell off the prisoners, and the jailer sprang in and was about to slay himself, thinking his prisoners
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