USA > Kentucky > Henderson County > History of Henderson County, Kentucky > Part 10
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The Court of Quarter Sessions was composed of three Justices appointed out of the Justices of the Peace for the county. This court was authorized to sit six judicial days, unless the business be- fore them could be sooner determined. Each Justice was a conserva- tor of the peace, and the Court was clothed with authority and power to hear and determine all cases whatsoever, at the common law, or in chancery, within their respective counties, except such criminal causes where the judgment upon conviction should be for the loss of life or murder, in which causes they had no jurisdiction, except as an examining court.
In all causes of less than five pounds, current money, or one thousand pounds tobacco, this court had no jurisdiction. It did have jurisdiction of all matters respecting escheats and forfeiture, arising within the county, to award writs of ne exeat injunctions, and habeas corpus, and power to empannel grand juries. The County Court was composed of a sufficient number of Justices of the Peace, and was given by law, jurisdiction of all causes respecting wills, let- ters of administration, mills, roads, appointment of guardians, and the settling of their accounts; admitting of deeds and other writings to record, to superintend public inspections, grant ordinary license, to regulate and restrain ordinances and tippling houses, appoint proces- cessioners, to hear and determine by law the complaints of appren- tices and hired servants against their masters and mistresses, or of the master or mistresses against their apprentices, or servants ; to establish ferries, to provide for the poor of the county, to erect nec- essary public buildings and purchase land therefor, and to appoint inspectors, collectors, surveyors of roads, constables and county jail- ers ; and cause a ducking stool to be built in such place as might be conve- mient for the punishment of minor offenses.
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HISTORY OF HENDERSON COUNTY, KY.
The Justices of the County Court were conservators of the peace, and were given cognizance of all causes of less value than five pounds, current money, or one thousand pounds tobacco.
An act of 1801, reduced the annual terms of the Court of Quar- ter Sessions from four to three courts, to be held on the second Mon- day in the months of May, August and November.
By the terms of the following act, approved December 20, 1802, Circuit Courts were established throughout the State.
" WHEREAS, The present judiciary system is found to be inconvenient and expensive.
" Be it enacted, etc., That the present district courts shall be, and are, abol- ished as soon as this act shall take effect. The Circuit Courts shall be and they are hereby established that each Circuit Court shall hold three times in every year.
" They shall have jurisdiction in all causes, matters and things at laws, and in chancery, within their respective districts, except in cases of less value than five pounds current money, or one thousands pounds of tobacco.
" They shall have the same power, authority and jurisdiction given to the District and Quarter Session Courts, and be governed by the same rules."
The Circuit Court, as established by this act, was composed of one Judge for the circuit and two assistant Judges, resident in the county.
This act abolished the Court of Quarter Sessions and directed the clerk of such courts to deliver all records and papers over to the Clerk of the Circuit Court upon demand. By the term of this act the Judge to be appointed and the two assistant Judges, were made con- servators of the peace.
An amendatory act, passed and approved December 13, 1804, with jurisdiction over all causes which may have originated within the bounds of the circuit, was given this court.
An act approved February 13, 1816, represented the act creating the office of assistant Judge alone, all the power and authority for the trial of criminal and civil cases, and authority to hold one or more ad- ditional terms for the trial of chancery causes, or for the trial of any person apprehended on a charge of felony.
From the organization of the county, in the year 1799 to April, 1805, the Court of Quarter Sessions held its regular terms, being pre- sided over during that time by General Samuel Hopkins, Abraham Landers, Hugh Knox and Dr. Adam Rankin, neither of whom was a lawyer.
April 1, 1805, the first Circuit Court for the county commenced its sitting and was presided over by Henry B. Broadnax, of Lebanon,
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HISTORY OF HENDERSON COUNTY, KY.
Judge, and Hugh Knox and Dr. Adam Rankin, assistant Judges. By the terms of the act of December, 1802, establishing Circuit Courts, the Counties of Muhlenburg and Henderson formed one circuit and the courts for the same were directed to be held in the Court House in the County of Muhlenburg.
At the February term, 1808, of the General Assembly, to-wit : on the twenty-third day "an act further to amend the act entitled an act establishing Circuit Courts " was approved.
This act divided the State into ten districts, and Henderson then became a part of the sixth district, composed of Breckenridge, Ohio Muhlenburg, Henderson and Hopkins Counties. The terms of the courts commenced in Henderson, on the first Mondays in April, July and October, and continued one week. In Hopkins, on the fourth Mondays in March, June and September, and continued one week.
The Judges appointed under this act were required to make their allotments by districts, and it was made the duty of each Judge to at- tend the courts of the district to which he was attached. The Hon- orable Henry B. Broadnax, was allotted to this, the Sixth District.
CHAPTER XI.
FIRST CRIMINAL COURT-THE FIRST JAIL -THE HARPES-PROFANE SWEARING-WATER MILLS-SUMMARY TREATMENT OF LOAFERS-ELECTIONS.
N Tuesday, the second day of July, 1799, the first Court of Crim- inal Common law and chancery jurisdiction, held its sitting in the village of Henderson, the presiding Justices being General Sam- uel Hopkins, Abraham Landers and Hugh Knox, Esqs. Thus, for the first time, Law with its imposing ceremony asserted its power and authority in this then the extreme western county along the Ohio River. William B. Blackburn and Robert Coleman, Esqs., bearing with them commissions as attorneys-at-law in the Courts of the Com- monwealth, took the oaths of office and were admitted to practice in the Henderson court. The court then proceeded to appoint a Com- monwealths Attorney for this county. The vote was taken by ballot and William B. Blackburn receiving a majority vote, was declared elected. A grand jury was then empanneled, consisting of the follow- ing names : Andrew Burke, (foreman), Edmond Hopkins, William Lawrence, William Gates, Thomas Housely, David Johnston, John Lawrence, Thomas Smith, John Slover, John McCombs, Isham Sel- lers, Ezra Owens, Jacob Upp, Warner Buck, William Wells, Sher- wood Hicks and Rowlin Hues. These gentlemen being sworn, a grand jury of inquest, for the body of the county, received their charge and retired to consider of their presentments. Where they retired to is not known-more likely than otherwise underneath the shade of some dense foliage tree, for there were no buildings at that time, the court room itself, being a miserable log hut, with only two openings,
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HISTORY OF HENDERSON COUNTY, KY.
a small door, and a very large dirt chimney. However, the jury hav- ing spent sometime in deliberating, returned into court the following report of their labors.
" First .- The grand jury of the body of Henderson County upon their oaths, present Isaac Dunn, a minor, living in this county, for profane swearing the thirtieth day of June, on his return from sermon, Jacob Upp, living in this Town and Warner Buck, living in this Town, both of the grand jury in formers."
Five indictments were returned against men and women for liv- ing in adultery, but this must not be taken as an evidence of the wickedness of the times, but attributed rather to ignorance, and a want of legal arrangements, authorizing marriage. These people were living in the wild woods and were perhaps as poor as settlers were ever known. A distance of one hundred miles, attended by great difficulties and dangers, had to be traveled in order to procure a legal warrant or license. Horses were few, and many other almost unsurmountable barriers interposed to force them to violate the law, " therefore there is some apology at least to be made for the course of these ignorant poor people. Jacob Robertson was presented for being a vagrant, and then the first grand jury adjourned.
FIRST JAIL.
Every indictment was found upon the evidence of the grand jurors, no other witnesses appearing before the jury. The following order was then passed.
' Ordered. that the block house near John Husbands be considered the jail for the county, and that the Sheriff cause a door and lock to be fixed to the house and charge the same to the county. Whereupon the Sheriff, Andrew Rowan, accepted to the sufficiency of the said jail."
The block house mentioned in this order was located on the river front near the site of the railroad bridge. It was uninhabited at the time, was a small concern built of rough logs, and not near so comfor- table or strong as an ordinary nowaday stock stable.
TRIAL OF THE HARPE WOMEN.
Big Harpe, one of the brutal murderers of Mrs. Moses Stegall, her little son and William Love, having been pursued and killed, and the three wives of Big and Little Harpe captured, the three women were brought to Henderson and placed in the county jail. On the fourth day of September, 1799 following, a Court of Quarter Sessions was called and held for the axamination of Susanah and Sally Harpe, and Betty Roberts, wives of Big and Little Harpe, and commuted for being parties to the murder of Mrs, Stegall and others, and the burn-
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HISTORY OF HENDERSON COUNTY, KY.
ing of the house on the night of the twentieth of August, General Sam uel Hopkins and Abraham Landers, presiding. The prisoners were set to the bar by the Sheriff, and being charged with the following, denied the fact ; witnesses were sworn, and upon the evidence being heard, it was adjudged by the court that the women were guilty and that they ought to be tried before the Judges of the District Court at Russelville. They were remanded to jail and, guards placed over them. John Rieper, Neil Lindsay, Isham Sellers and Mathew Chris- tian were recognized to appear before the district court at its next session. Andrew Rowan, High Sheriff, and Amos Kuykendall, John Standley, Green Massey and. Gibson Hardin, guards, were or- dered to proceed with the Harpe women to Russellville, which they did. The wives of Big and Little Harpe were the first prisoners in- carcerated in the first prison house of the county.
OLD-TIME HARD CASES.
At the October court a grand jury was empanneled, and after de- liberating, returned two indictments, one against Amos Kuykendall and Matthew Christian, quite noted characters at that time; and pos- itively notorious afterwards. These two men were indicted for " pro- fane swearing, and for stripping and ill-treating the company at David Johnston's house-raising," The second indictment was against Amos Kuykendall and William Hunford, for riding through the roads of the town naked. These men were terrible fellows when under the influ- ence of liquor, and no more daring or unsightly scene had ever been witnessed. They were mounted upon spirited horses, unsaddled and at railroad speed dashed up, and down, out and in each of the pub- lic roads of the town. Their imitation of Indian habits, was more than the good people could bear, and as a preventive of future parades, the strong arm of the law was called in to punish this, their first ex- periment.
At the March term, 1800, Ambrose Barbour was appointed tempor- ary clerk of the court, and executed bonds in the sum of one thou- sand pounds.
PROFANE LANGUAGE.
Early in this year Rev. James McGready, a very distinguished divine, in what was called the Green River country, held his great re- vival of religion. The outlaws had been driven out of the county. honest men ventured to speak, primitive society settled down to the realities of busy life and religious excitement ran high.
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HISTORY OF HENDERSON COUNTY, KY.
Everybody became enthusiastic, for it was not to be denied that the untiring labors of Mr. McGready, and those who assisted him, had been the means of restoring the country to law and order, and regulating rude ways to a proper observance of moral and true busi- ness principles. That looseness, which had hitherto governed men and women in their character and actions, had given way to the more refined and virtuous teachings of the preachers, and although men profained themselves, they did not justify profanity in others. A grand juror, who half an hour before had secretly taken the name of the Lord in vain, was willing to sign his name to an indictment against his less fortunate neighbor who had done the same thing, but in public.
There seemed to be a religious determination to put a stop to pro- fane swearing, and no matter who sinned, if detected, he was sure to be made a victim of the law. At this court, General Samuel Hopkins, Eneas McCallister and Andrew Rowan, the first Chief Justice of the court, under whose authority the grand jury was empanneled, the second Chief Magistrate of the County Court and the third High Sheriff of the county, were each indicted for profane swearing, and like old patriots, confessed the fact and paid their fines without a mur- mur.
The annual report of taxes received by John David Haussman, former Clerk of the Court of Quarter Sessions and County Court, pur- suant to an act of the Assembly, approved the twenty-eighth of Febru- ary, 1797, entitled, " An act to amend and reduce into one, the several acts establishing a permanent revenue," was presented, and will give an idea of the littleness of court business in early times :
" To tax on 5 original writs 25c. each. $1 25
66 4 deeds of land
25c.
1 00
66 2 county seals . 25c. 50
$2 75
Commissions, 5 per cent 13.71/2
$2 61.21/2
John Husbands was directed to let the building of a stray-pen on the Public Square, for the benefit of the county, to be two poles square of posts and rails, with a sufficient gate, fastened with a good pad- lock. This pen ornamented the square up to the year 1822, when Joel Lambert, (who, by the by, married Miss Polly Husbands, the accomplished daughter of John Husbands), was awarded the contract for removing it, and rebuilding a new one at a cost of seventy-four dollars and seventy-five cents.
107
HISTORY OF HENDERSON COUNTY, KY.
WATER MILLS. 1
From 1800 to 1813 numerous applications were made to the County Court for the right to dam the several creeks of the county, and erect mills on the sites selected. Between the bridge on the Owensboro Road and the mouth of Big Canoe Creek, opposite the. Lower Island, there were built five mills, all to be operated by water- power, furnished by dams built across the stream. There were several on Sheffer's Creek, one or more on Strong Water, and half-dozen or more on Highland Creek. There were certain seasons for run- ning these mills-mainly in the fall and spring months. In dry weather they were useless. Of all these mills, not over three or four of them made much pretentions to grinding. Notably among the num- ber, were the Brookin Taylor Mill, at the crossing on the Madisonville Road, and the James Lyne Mill, at the crossing on the Morganfield Road.
In order to assist the County Court in the erection of public buildings, General Samuel Hopkins, agent of Richard Henderson & Co., directed George Holloway to survey and set apart to the county, for public purposes, two acres, to be taken off of the public square. This survey was made, and includes the place where the Court House now stands.
At the July term of Court,1810, the High Sheriff, Andrew Rowan, indulged too freely of a mild, spiritual intoxicant, called " bounce," and spoke a profane line or two, contrary to the peace and dignity of the Commonwealth, for which he was " bounced " upon by the grand jury and made to pay a good round sum. The indictment accused him of being drunk, and nevertheless it was about time to celebrate the Fourth of July, which fact failed to serve as a vindication or ex- emption.
The County Court appointed Abner Kuykendall, William Gates and Humphrey Barnett, commissioners, to view a road from the Town of Henderson to the main fork of Highland Creek. This road crossed Canoe Creek about one hundred yards above the old ford on the trace to Diamond Island.
Unruly boys were not tolerated in those days. Isaac Dunn, son of Captain John Dunn, of whom mention has heretofore been made, become a pest to his mother, who was then a widow, and like- wise an eyesore to the community. He had been apprenticed, but did nothing more than annoy his master. The court took official notice of his behavior, and John Husbands one of the Magistrates, wrote a note to Mrs. Dunn, informing her that the court would not tolerate
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HISTORY OF HENDERSON COUNTY, KY.
him longer, but would proceed to enforce obedience. What the court did is not known. Loafing men and boys received but little encour- agement or countenance from the court. They were apprenticed or proceeded against as vagrants.
The second felony case brought to the attention of the Court of Quarter Sessions was that of George Adams, for stabbing John Hus- bands, Jr., a son of the Magistrate, and brother of Mrs. Joel Lambert.
Ambrose Barbour, who had been appointed temporary Clerk of the Court of Quarter Sessions and County Court, produced in open court a certificate, signed by two Judges of the Court of Appeals, cer. tifying to his qualifications to do the duties required in the office, and was thereupon appointed Clerk of both Courts, to hold his office during good behavior.
ELECTIONS.
Under the old constitution elections were not conducted as they now are. A copy of the law, approved December 21, 1799, will suf- fice to explain :
Be it enacted, etc., That the Sheriff of each county within this Com- monwealth, shall, at least one month previous to the first Monday in May, 1800, and at least one month previous to the first Monday in August, in the year 1801, and also previous to the first Monday in August, in every year forever there- after. notify the inhabitants of his county, by advertisement set up at the door of the Court House thereof, of the time and place of holding the election then next ensuing, and what offices are to be filled by such election . The Sheriff, or other presiding officers, shall, on the day of every election, open the poll by ten o'clock in the morning, and continue the same open until at least one hour before sunset each day, for three days successively, if necessary, or if any one of the candidates for any of the offices to be filled by such election, shall re- quest it, the Justices of the County Court shall. at their court next preceding the first Monday in May, and at their court next preceding the first Monday in August, 180], and also at their court next preceding the first Monday in August in every year forever thereafter, appoint two of their own number as judges of the election next ensuing, and also a proper person to act as clerk, who shall continue in office one year. In case the County Court shall fail to make said appointments, or the persons, or any of them fail to attend, the Sheriff shall immediately preceding any election appoint proper persons to act in their stead. Any person, who shall vote more than once at any election, shall. upon conviction, forfeit and pay for every such vote, ten dollars, to be re- coverable with costs, before any justice of the Peace, one-half to the use of the county, and the other half to the person suing for the same."
Under this act, a voter was allowed to cast his vote in any pre- cinct of the county, but not to vote more than once, under penalty. The Sheriff, or one of his deputies, was required to be in Frankfort on the seventeenth day succeeding the day of the commencement of
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HISTORY OF HENDERSON COUNTY, KY.
any general election, to assist the Sheriffs of other counties in com- paring the polls taken at the election for Governor and Lieutenant Governor.
It was further enacted, " That this State shall be diveded into two districts- that is to say, all the counties lying on the south side of the Kentucky River shall compose one district, and all the counties on the north side of the said river shall compose another district. The persons qualfied to vote by law for members to Congress, to the House of Representatives. shall assemble at their respective Court Houses on the first Monday in August, in the year 1801, and on the same day every two years thereafter, and then and there vote for some proper and discreet person, being an inhabitant of this State, who shall have attained the age of twenty-five years, and have been seven years a citizen of the United States, as a member of the House of Representatives of the United States for the term of two years. Immediately after the poll is closed, the Sheriff, Judges and Clerk shall proceed to examine the vote, and after truly ascertaining the same, shall proceed to make return, which shall be delivered to the Sheriff holding such election, which return shall be taken by the Sheriffs in the Southern Districts to the Court House of the County of Mercer, and there compare and certify the election. For this service the Sheriff's shall re- ceive for their trouble and expense, the sum of one dollar per day ferriage, and three cents per mile for traveling to and returning from the county in which they are required to meet.
And be it further enacted, That for the purpose of choosing four electors in behalf of this State, to vote for a President and Vice President, the several counties in this Commonwealth shall be allotted into four districts in the fol- lowing manner, to-wit: The counties of Lincoln, Mercer, Garrard, Madison. Pulaski, Logan, Warren; Barren, Christian, Livingston, HENDERSON, Muhl- lenburg and Ohio shall compose the Second District. That the persons quali- fied by law to vote for members to the General Assembly in each county com- posing a district, shall assemble in their Court Houses on the second Tuesday in November, in the year 1800, and on the same day in every fourth year suc- ceeding, and vote for some discreet and proper person, being an actual resident in such district, for one year preceding, as an elector for such district, to vote for President of the United States."
Under an act for apportioning the representation among the sev- eral counties, and for laying off the State into Senatorial Districts, approved December 19, 1799, the counties of Livingston and HEN- DERSON were made one representative district, and entitled to one member. The countiesof Livingston, HENDERSON, Muhlenburg and Ohio, made one senatorial district, and entitled to one member. John Caldwell, of Muhlenburg, was elected first Senator, and General Sam- uel Hopkins, of Henderson, first Representative. Henderson and Livingston Counties continued as one district until, by an act approved December 27, 1803, Henderson was made one district, and given the right to elect one Representative.
.
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HISTORY OF HENDERSON COUNTY, KY.
PRECINCTS.
From the first election held in 1800, to the last election held in 1804, there was but one voting place established in the county-that one at the Court House, in the Town of Henderson. On the sixth day of December, 1804, the following act was approved :
And be it further enacted, That the County of Henderson shall be divided into two election precincts, by a line beginning at the month of Deer Creek, on Green River, thence up the said creek to the mouth of Black's and Newman's sugar camp branch, thence up the same to the head thereof, thence such a course as will strike the Crab Orchard tork of Tradewater at the nearest port. thence down said fork to a large lick, about two miles above the mouth of Caney Fork, thence a southwest line to Tradewater."
Two years thereafter, to-wit : on the sixth day of December, 1806, an act creating the County of Hopkins, was approved and included in its bounds the greater part of the second election precinct. Prior to that time, however, it will be observed with what difficulties settlers had to contend, in order to exercise the right to elective franchise. For that reason the elections were held three days. Under the old constitution magistrates and sheriffs were appointed by the Governor. Jailors, coroners, constables, collectors, inspectors, processioners, sur- veyors and other minor officers were appointed by the County Court.
CHAPTER XII.
TOBACCO AS A CURRENCY-TOBACCO INSPECTION-RISE OF THE TOBACCO INTEREST-PRIMITIVE COURTS-INDICTMENTS, MARRIAGES,
BRIDGES, ETC.
HIS decade opened with all of the machinery of government running more smoothly and a greater disposition on the part of the people to improve the country, as they had their morals. The laws by which they were to be governed had become pretty generally understood, and a determination to obey and enforce obedience, if necessary, was a settled conviction of a large majority of the settlers. Larger crops ware grown, and the system of cultivating, tobacco particularly, had been adopted.
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