USA > Kentucky > Trigg County > Counties of Christian and Trigg, Kentucky : historical and biographical > Part 35
USA > Kentucky > Christian County > Counties of Christian and Trigg, Kentucky : historical and biographical > Part 35
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HISTORY OF TRIGG COUNTY.
itants of Hurricane Creek in Caldwell County ; thence with the present Caldwell line and Christian line to a point on said line within two miles of Calley's horse-mill; thence from said two-mile point southeast to inter- sect a line running from the ten-mile point; thence south to the begin- ning, shall be one distinct county, called and known by the name of Trigg," etc.
The remaining sections of the act, which is rather a long one, are omitted. These, when divested of the said whereases with which they are encumbered, stipulate among other things, that a copy of the proceed- ings be furnished Abraham Boyd, Ferdinand Wadlington, John Goode, Samuel Orr, William Scott, Presley Slaughter, James Daniel, Beman Fowler and Richard Dawson, who are named in the act as Justices of the Peace for the said county. These Justices were required to meet at the house of Samuel Orr in the village of Warrington on the 15th day of May, 1820, for the purpose of effecting the permanent organization of the county ; and their proceedings on that occasion are described on the old records, as follows :
"In pursuance of an act of Assembly of the Commonwealth, entitled an act, etc., etc., approved January 27, 1820, Abraham Boyd (then fol- low names of others), met at the dwelling-house of Samuel Orr in said county of Trigg, on Monday, the 15th day of May, 1820, and produced a commission from his Excellency, Gabriel Slaughter, Lieutenant-Gov- ernor, acting Governor of this Commonwealth, appointing them Justices of the Peace for the county aforesaid-whereupon the said Abraham Boyd, being eldest in commission, administered to the said (here names) the oath of fidelity to the United States, the oath to support the Con- stitution of this Commonwealth, the oath of office and the oath required by an act of the Assembly to suppress the practice of dueling, and there- upon the said Presley Slaughter administered to the said Abraham Boyd the said several oaths." Thomas Raleigh produced a commission, signed by the Governor, appointing him, said Raleigh, Sheriff of said County of Trigg, whereupon he took the said several oaths, and together with Charles -, George Loftus, William Armstrong and George Daniel, his securities, entered into and acknowledged bond in the penalty of $3,000, conditioned for the faithful discharge of his general duties, and thereupon a County Court was begun and held for the County of Trigg aforesaid at the dwelling-house of said Samuel Orr, in said town of Warrington, on Monday, May 15, 1820."
At that court William Cannon, Jr., produced a certificate of the Judges of the Court of Appeals, to the effect that he had been examined by the Clerk in their presence and under their direction, and that they udged him well " qualified to perform the duties of Clerk of any County
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HISTORY OF TRIGG COUNTY.
Circuit Court or courts of equal dignity within the Commonwealth." He was accordingly appointed to the position, and entered into and ac- knowledged bond in the sum of $10,000 for the faithful discharge of the several duties of his office, giving as his securities John G. Reynolds, James Bradley and Thomas Asbury. The ability with which Mr. Cannon discharged the duties of his office is attested by all who transacted busi- ness with him during his administration, and his early records are among the most legible and systematic to be found in the State.
The other officers appointed at the first sitting of the court were : Field- ing Harrison, Coroner, with Allen Grace, Ephraim Harsberger and Charles Linn, securities ; John Willingham, Surveyor; and George Dan- iel, Deputy Sheriff.
Name of County .- The county was named in honor of Col. Stephen Trigg, of Virginia, a man of great ability and soldier of renown. The only account of this distinguished character accessible is the following from Collins' History of Kentucky : " He [Col. Trigg] first came to the district of Kentucky in the fall of 1779, as a member of the Court of Land Commissioners, and after that body had concluded its labors in the spring of 1780, determined to make the new country his permanent home. In that year he settled a station called Trigg Station or Viney Grove (sometimes called Haggin's Station after Trigg's death, because John Haggin lived there), four miles northeast of Harrodsburg on Cane Run, four miles from its mouth at Dick's River. He soon became noted for his activity against the Indians, and fell August 19, 1782, in the fatal battle of the Blue Licks while bravely leading his men to the charge. He was greatly beloved and very popular, and if he had lived would have taken rank among the most distinguished men of his time." Additional to the above brief sketch we learn that he assisted in the organization of the first court ever held in Kentucky and that he was proprietor of the original survey of 200 acres of land on the present site of Covington.
Locating the Seat of Justice .- The Commissioners appointed by law to locate permanently the seat of justice were Dickson Givens, William Thomson, Lander J. Sharp and Benjamin Vance. In accordance with the provisions of the enactment forming the county, the above-named gen- tlemen, after viewing the various eligible sites and taking into consideration the donations of land, money, services, etc., submitted the following report :
Having, in pursuance of the aforesaid act, met on the 15th day of May, 1820, it being the third Monday in the said month, at the town of Warrington, and at the house formerly occupied by Samuel Orr, and proceeded to discharge the duties assigned us. After a ma- ture and deliberate examination of the many different places proposed as sites for the ad ministration of justice at and near the center of said county, we are of opinion that the seat of justice be fixed on the lands of Robert Baker where he now lives on Main Little River on the top of the eminence above the spring, at or to include the lot wherein his stable now
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HISTORY OF TRIGG COUNTY.
stands, it being the most central, convenient and eligible site for the purpose. Where- upon the said Robert Baker has this day obligated himself to convey to said County Court of Trigg, for the use of the county, together with fifty acres more to be laid off in right angles from the squares of said public square, which bond we here submit as part of the report, likewise several promissory notes given as donations.
Given under our hands and seals this 15th day of May, 1820.
DICKSON GIVENS,
WILLIAM THOMSON, LANDER J. SHARP, BENJAMIN VANCE.
Report approved May 16, 1820.
In the October term following the county seat was laid off on the land above designated, and was named Cadiz. The details will be found else- where in this volume. The promissory notes referred to were given by Presley Slaughter, Sevier Tadlock and Moses M. Waters and called for $100 each.
The better to dispense the ends of justice, the county was at this time laid off into civil or constabulary districts. Samuel Fowler was appointed Constable for all the territory west of the Cumberland River; Richard Ricks for that south of Donaldson Creek to Ogle's Mill and the Christian County line; Charles Linn for the territory from Donaldson's Creek north to Ogle's Mill and down Little River to the mouth of Muddy Fork and the Christian County line ; Robert Hawkins for all that part of the coun- ty. lying between the road leading from Hopkinsville to Eddyville, now Wallonia, and Samuel Campbell for all the territory north of said road on Muddy Fork. The court divided the county into two precincts for the purpose of appointing Commissioners of the Tax therein for the year 1820. It was ordered that the road leading from Hopkinsville by Shipps & Boyd's landing (now Canton) and from said landing up Cumberland River to the Tennessee State line, should be the division line between the northern and southern precincts. Thomas McFarlan was appointed Tax Com- missioner for the northern district and John I. Porter for the southern.
The court continuing the next day, Benjamin Jones was released from paying poll tax ; John Goode granted a license to solemnize the rites of matrimony ; and Robert Baker having presented satisfactory evidence of good moral character, and being provided with such accommodations as the law required, was granted a license to keep a tavern at his house on Little River for one year, giving as securities William Murray and Will- iam Waters. The following tavern rates were fixed, to wit:
For French or Cognac brandy 372 cents per half pint
For rum or domestic gin. 25 cents per half pint
For Holland gin. 37} cents per half pint
For Madeira wine.
50 cents per half pint
For port, sherry or other wines 37} cents per half pint
For peach and apple brandy 182 cents per half pint
For whisky. 12} cents per half pint
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HISTORY OF TRIGG COUNTY.
For porter per quart or bottle. 25 cents
For cider per quart .12} cents
Lodging per night. 12} cents
For breakfast, dinner and supper. 25 cents each
For horse for stallage and feeding, corn and oats, and hay or fodder for each 24 hours. .50 cents
Horse to pasture for each 12 hours. 37} cents
Oats and corn per gallon. 12} cents
Ordered that the tavern-keepers of the county charge and receive according to the above rates and no more.
Remarkably cheap times those, but bless the simple lives of the honest forefathers, they knew nothing about " black strap," "rot gut," " tangle leg " and the thousand-and-one fancy drinks with which the guests of our modern hotels and " sample rooms " regale themselves.
The first order for erecting a mill was made on motion of George Loftus, and the Sheriff was commanded to summon twelve good and law- ful free holders of the county to meet upon the premises the first Saturday in June, to consider the same and report thereof according to law to the next term of the court. This mill was erected on Sinking Fork of Little River.
The first public road that was asked to be established in the county was one from Cadiz to intersect the road from Dover to the old Brannon place. David Cooper, Charles Linn, Hiram Whitney and Baxter Alex- ander were appointed at the same time to view a road from Baker's to the Cumberland River. Another road was asked for from the seat of justice to Princeton and the county line, and Absalom Leavills, Moses McWaters, William Husk and Presley Slaughter were appointed viewers thereof. A road was also asked for leading from the county seat toward Hopkinsville, to intersect a road from Hopkinsville to Boyd's Landing. Rowland Hill said that all roads and by-paths of England lead toward London, and with the same propriety we can say that all the early high- ways of Trigg County led to Cadiz.
After dispensing with all other county business, on the 16th day of May, 1820, and before adjournment, we find the following general order : " The Commissioners appointed by law to fix upon a place for the per- manent seat of justice for Trigg County, having done so, fix the same on the land of Robert Baker where he now lives on Main Little River, etc. It is ordered that the books, papers, etc., of this county be moved to the dwelling of the said Robert Baker, and that this court be adjourned until court in course and then be held at the dwelling house of said Robert Baker as aforesaid."
First Circuit Court .- The Hon. Benjamin Shackelford, Judge of the Seventh Judicial District, on the 15th day of May, at the town of War- rington, held the first Circuit Court in Trigg County. William Cannon
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HISTORY OF TRIGG COUNTY.
was appointed Clerk, thereupon completing the county organization. No grand jury was impaneled at this court, no other business transacted and no other order made except one permitting Fidelio Sharp, Benjamin W. Patton, Daniel S. Mays, James Breathitt and William McDowell, to be admitted to practice law.
The early judiciary of Kentucky was marked as furnishing a higher order of talent-larger-minded men-than are to be found in the early political history of the State. Many of these early jurists will take their proper place in history as among the country's best men. They mingled with the rude people, assisting, advising and counseling them for their own good and benefit. They forecast and laid well the superstructure of the civil polity of the State, and in looking into the imperfect records of their lives that are now attainable, the student of history is impressed with the fact that here indeed was Kentucky most favored and fortunate. Of the above-named lawyers Maj. Mckinney in his sketches of the county says : " Ben Patton was a very eminent lawyer, but has left no traces except the frequent appearance of his name upon the docket, and position that tradition assigns him of possessing splendid abilities as an orator and advocate in the courts. Daniel S. Mays has left to posterity a record in books. He removed from this end of the State to Frankfort in an early day, and was the cotemporary and rival of Mr. Crittenden in oratory, and afterward changed his residence again to the State of Mississippi ; was placed upon the Supreme Bench of that State. His decisions have been ever since, and to this day are, quoted as specimens of legal ethics containing some of the most astute principles of international and constitu- tional law. Mr. James Breathitt, father of John W. Breathitt of Hop- kinsville, was then the Commonwealth's Attorney and a very able one he was. The name of the only remaining one of the attorneys qualified at the court is here lost sight of, and to us at least the twilight of obscurity settled over his memory forever."
Second Term of the Circuit Court .- The next term of the Circuit Court was held at the residence of Robert Baker on the 23d day of August, 1820. A grand jury of inquest was impaneled and sworn, con- sisting of the following persons, to wit : Williams Armstrong, Sr., fore- man ; Whitmill Holland, John Williams, Abraham McCullom, Joel Wil- son, Ashford D. Gore, James Wallace, William Redd, Richard Davenport, John Wharton, James Jones, John Hanberry, William McWaters, Thomas Woosley, Benjamin Wallace and Eleazer Gore. There were but two indictments found at this court, one against Andrew Carter for pettit larceny, and the other against Isaac McCullom for failing to keep a road in order. The latter was dismissed at the next court, and the for- mer continued with an alias process.
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HISTORY OF TRIGG COUNTY.
Rezin Davidge and Matthew Mays, Esqs., produced certificates of their being qualified to practice law, and having taken the prescribed oath were regularly admitted to the bar.
The first suit filed was a case of debt of Jeremiah and Moses Brown, assignees of Sherwood Atkinson plaintiffs, against John G. Reynolds de- fendant. A demurrer was filed by defendant's attorney and the case thrown out of court.
The next case on docket was a suit for debt, Nathan Conduit against John Patts. In this case the defendant did not come off so well. In that day a man was liable to imprisonment for debt, and the law seems to have been enforced, as the following order in his suit will show ; " Will- iam B. Bond, special bail for the defendant John Patts in this cause, this day surrendered the body of said Patts into court and the said bond from his undertaking herein is discharged, and on motion of the plaintiff by his attorney it is ordered that the defendant Patts be delivered into the custody of the jailor, and that further proceedings in this cause be stayed and continued until the next term of this court." How long John re- mained in limbo does not appear, but the indications are that it had a tendency to make him keep clear of the court house, for at the November term the cause was again called up, and proceedings continuing, to wit : " This day came the plaintiff by his attorney, but the defendant although solemnly called came not " etc. This is the last that was ever heard of John Patts.
The third case at this term was for a similar cause as the ones mentioned. Ezekiel Thomas against John Hambury and James Wim- berly. Court found for plaintiff with interest at the rate of 6 per centum, from the 20th day of March, 1820, until paid, also the costs.
The first trial by jury was a cause in covenant, the parties to the suit being Daniel Mays, plaintiff, and Hugh A. Reynolds, defendant. The following jurymen served upon that occasion : John McWaters, George Buckner, William Husk, Thomas McFarland, Alexander Wilson, Drew Holland, Thomas Doler, Thomas Young, John Young, William Young, John Patrick and Ambrose Mills. The jury returned a verdict in favor of the defendant, fining the plaintiff $100 and costs.
The second petit jury was composed of the following gentlemen, to wit: William Young, Randolph Guinn, Willis Minton, Hampton Wade, Henry McCombe, Thomas Armstrong, Smith Martin, David Mitchell, Abraham Cowley, Baxter Alexander, Richard Jones and John Young.
Subsequent Session of the Circuit Court .- The third term of the Cir- cuit Court was held in the month of November, 1820. his Honor, Judge Shackelford, presiding. The following grand jurors were impaneled and duly sworn, viz .: George Street, foreman ; Jacob Torian, William Cun-
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HISTORY OF TRIGG COUNTY.
ningham, Lipscomb Norvell, Ashford D. Gore, Archer Boyd, Luke Thomas, Whitmill Holland, Baxter Alexander, Zenas Alexander, James Sevills, Zadeck Thomas, Stephen Peall, Daniel L. Futrell, Jaconias P. Pool, Timothy Jones, William McWaters and Edmund Wells. Indict- ments were returned against Ebenezer Boyd for assault and battery, a true bill ; Andrew Carter, for petit larceny; a presentment against Rezin Davidge for profane cursing, a true bill ; indictment against James Jones, for assault and battery ; presentment against William Adams for profane swearing, and an indictment against Asher C. Davis for assault and bat- tery. Other bills were found against Elijah Ladd for arson ; Ebenezer Boyd, trespass, assault and battery ; Robert M. Coleman, George Thrifk, William J. Worthington and Randolph Walker, assault and battery ; Will- iam Murray for swearing; David Mitchell and Jesse Wormack, for pro- fanity.
Our forefathers in those primitive times seem to have had a profound regard for morality and good order. In searching among the musty rec- ords in the clerk's office, the historian's fingers came in contact with a package of old indictments, time-stained and bearing the dates of 1820 and 1821. A few specimens of these quaint and curiously worded docu- ments are given, to show how the minions of the law dealt with offenders sixty-five years ago.
One John Wooldridge, in an altercation with a neighbor on the Sab- bath day and yielding to the impulse of a warm temper, violated one of the commandments by assaulting said neighbor, and was held to answer to the following indictment:
" COMMONWEALTH OF KENTUCKY,
" TRIGG CIRCUIT, S SCT.
" The Grand Jurors for the Commonwealth aforesaid, impanelled and sworn for the circuit aforesaid, at the November term of the circuit, for said circuit, in the year one thousand eight hundred and twenty-one, in the name and by the authority of the Commonwealth of Kentucky, upon their oaths, represent that John Wooldridge, late of the Circuit aforesaid, yeoman, on the fifteenth day of July, in the year one thousand eight hundred and twenty-one, to wit, on the Sabbath day in the Circuit afore- said did assault and beat one James Gillum, which said business of as- saulting and beating the said James Gillum by the said John Wooldridge, on the Sabbath day aforesaid, was not an ordinary household office of daily necessity, or work of necessity or charity, contrary to the form and statute in that case made and provided, and against the peace and dignity of the Commonwealth of Kentucky.
"Information given by James Gillum, living in Trigg County, by profession a laborer, and Samuel Moore, living in Trigg County, and by profession a farmer, both not of the grand jury."
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HISTORY OF TRIGG COUNTY.
For the above trifling and uncharitable offense, the pugilistic Wool- dridge was fined the sum of "five shillings, which sum was duly paid and turned over to the proper fund."
The next indictment was for profane "cursing," and reads as follows: " Trigg Circuit Court. The grand jurors for the Commonwealth, &c., &c., at the May term of the Circuit Court for said Circuit, in the year 1822, in the name and by the authority of the Commonwealth of Ken- tucky upon their oaths represent that Miles Creekmer, late of the Circuit aforesaid, yeoman, on the 21st day of May, in the year 1822, did pro- fanely curse by then and there profanely uttering and speaking the pro- fane words following, to wit: 'Oh, God damn the fine' contrary to the form of the statute in that case made and provided, and against the peace and dignity of the Commonwealth of Kentucky. Information given by John A. Caudle, Mel Olive and John Craig, all of the grand jury." What was done with the blasphemous wretch is not known, though it is presumed that he met with a summary punishment, as the courts in those days were chary in dealing out mercy to offenders. We cannot forbear giving the substance of another indictment returned against Uncle Gabriel Davy, who offended the dignity of the law by profanity also. It charges that he did " on the 20th day of May, 1822, in the Circuit aforesaid, twice profanely curse by then and there twice profanely uttering and speaking the profane words following, to wit: 'You are a God damned liar,' contrary to the form of the statute, against the peace and dignity of the Commonwealth. Information given by George Grace and John Caldwell." He was tried and fined 10 shillings and costs, which seemed to have a salutary influence upon the old gentleman's morals, and as far as the books show it was his last violation of the decalogue.
The third grand jury was composed of the following citizens: Thomas Raleigh, Samuel Orr, Luke Thomas, William F. Dew, Elijah Whitney, Robert Anston, James Puckett, John Patterson, John Breeding, James A. Lindsay, John W. Lindsay, Henry Jones, Baxter Alexander, John Humphries, John Mills, Armstrong Noel, Benjamin Faulkner, Samuel Scott and William McWaters. About the usual number of indictments were returned, the majority of which were for drunkenness, Sabbath break- ing and profane swearing. In May, 1822, the following grand jury was impaneled and sworn: Thomas Raleigh, John A. Caudle, Joel Wilson, John Craig, William Lawrence, Isaac Gray, David Cooper, George Grace, William Young, John Prescott, Henry James, Smith Martin, John Cald- well and M. Oliver.
Harmon Alsbury was admitted to the bar in 1823; James I. Dozier, 1824; James Cartwright, John W. S. Moore and Thomas A. Duncan, in 1821; Matthew D. Patton and Robert A. Patterson, in 1825; Josiah C.
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HISTORY OF TRIGG COUNTY.
Smith, Garrard Pitts, James W. Calloway and Thomas Hammond, in 1824; Richard L. Mays, Thomas Haynes and Gustabus A. Henry, in 1827; Philemon C. Frayeer and Irwin Hallowell, in 1828.
The first deed ever admitted to record in this county was from Ezra Cox and Polly, his wife, to Jonathan Ricks for 150 acres of land on the waters of Dry Creek, for which he paid them $1,000. The second deed was recorded May 30, 1820, and was from Thomas O. Bryant and Anna, his wife, conveying to Philip Ford, James J. Morrison and John G. Rey- nolds a certain tract of land lying on Main Little River, being a part of a 200-acre tract originally granted to George Wilson by the Court of Commissioners in 1798. A third indenture made on the 14th day of June, in the year 1820, between Edwin Noel, of the County of Trigg, and Delila Noel, Frances G. Noel, Emily Noel, Edwin Noel, Caleb Noel and Washington Noel donates, gives and grants to his six children the following property, to wit : One negro man, Will by name, a blacksmith, with his tools ; Phyllis, his wife; also Levering and Jack, children of the said Will and Phyllis ; and James, another blacksmith; and Mckinsey, a yellow boy ; also a negro girl by name of Nancy; together with the interest in his mother's estate and a tract of 600 acres of land on Cum- berland River, all of which property to be divided among the children in such a way and manner as to them seems best.
Second County Court. - In June, 1820, John McCaughn was appointed Surveyor of Trigg County. At the same term George Daniel was appointed Sheriff to fill the vacancy occasioned by the resignation of Thomas Raleigh. Thomas McLean produced to the court his credentials of ordination as a Minister of the Gospel, and was granted a testimonial in due form of his being legally authorized to solemnize the rites of matri- mony. Whereupon he took the oath required by law, and together with James Thomas and Drury Bridges, securities, gave the accustomed bond of £500.
At the August term, 1820, James Thompson was appointed jailor. Samuel Orr, Presley Slaughter and James Daniel were appointed Com- missioners to lay off the public square in Cadiz. The order alluded to reads as follows: "It is ordered that the said fifty-two acres of land shall compose and constitute a town, and the same is hereby established as such, to be known and called by the name of Cadiz, which shall be contained within the following metes and bounds." Here follows the boundary. " The whole of said town of Cadiz containing, according to the foregoing metes and bounds, the quantity of fifty-two acres, and the part besides the public square that has by former order of this court been laid off, is directed to be laid off into lots of one-fourth of an acre square, being four in a block, and the main and cross streets of the width of sixty feet
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