History of Lewis County, Kentucky, Part 14

Author: Ragan, O. G
Publication date: 1912
Publisher: Cincinnati, Ohio : Jennings and Graham
Number of Pages: 522


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John G. McDowell was appointed constable in District No. 1, vice Green H. Smith, resigned.


Peter D. January was still at this time "holding the fort" at the White Sulphur Hotel (Esculapia), as is shown by his motion for an order to change the Salt Lick Road.


Hugh McIlvaine was appointed trustee in the town of Clarksburg in the stead of Thomas Bragg, deceased.


It was ordered that W. B. Parker and John


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Carter go to the house of William Fink and examine into the situation of said Fink and family, and ascertain if they stand in need of any provisions, etc., and furnish them what will be necessary for their use till the next court, and make report of the same to the court. "That's how they did it then!" said an old citizen, "and that's how humanity manifested itself toward a suffering or unfortunate member of society, in our grandfathers' days."


John Wallingford was made overseer of road on Kinny, from James Silvey's house to Benjamin Plummer's, on the ridge above the head of Kinny.


Joshua Power produced a commission as magistrate and took his seat in the court.


Rowland T. Parker, James Carr, George Swingle, Joseph N. Ralston, and Ben T. Holton were appointed trustees for the town of Vance- burg, according to an Act of the Legislature, approved January 24, 1827, establishing the said town of Vanceburg.


Jonathan M. Grover emancipated a colored woman who was his slave, and gave bond for her maintenance, should she ever become a charge on the county.


Henry Biven and Jas. H. Biven are men- tioned as hands on the road from Quick's Run across Martin's Gap to the Ohio River.


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Marmaduke Swearingin's administrators listed his property as 100 acres of land, on Salt Lick, and 2 horses-total value $350.


June Term .- Charles Wood, overseer of the road from Quick's Run to head of Sycamore, had the following additional hands allotted to him: John Irwin, James Calhoun, and Andrew Sherdine.


Mr. Wood lived on what is known as the John Wood farm, just at the top of the hill at the head of Quick's Run. Messrs. Calhoun and Sherdine both lived on the farm where Mrs. Brunette Secrest now lives. Mr. Wood had a tanyard, the remains of which are still to be seen. He was the father of John Wood, who lost his life on the same farm by being gored by a vicious bull, in 1872. Mrs. John Wood, nee Sarah Bell Stout, daughter of James Stout, later moved to Vanceburg. Her son, James Wood, who was deputy county clerk under R. D. Wilson, became paying teller in the Metropolitan National Bank, at Kansas City, Mo., and was a model young man of strictly correct habits.


The Deatley family first come on the record at this session of the court. Austin Deatley and Guffin Deatley are named as living in the bounds of a road from James Boyd's blacksmith


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shop, on Cabin Creek, up the branch, and over the hill to Mason County line.


July Term .- John Thompson was commis- sioned justice of the peace April 30, 1827.


There appeared only two magistrates in August, and no court was held.


September Term .- A road was made down Brown's Run, on Cabin Creek, on a route known as Tolle's path. George Rea, John Ginn, and Jose Tolle were the hands living on it.


Daniel Swearingin, on account of old age, was released from being road overseer on Little East Fork of Cabin Creek.


The Mudlick constable precinct was laid off, with the following bounds: Beginning at Rob- ert's old mill, on North Fork; thence with the county road to the top of the mountain above Esculapia; thence with the dividing ridge be- tween the waters of Salt Lick, Kinny, and North Fork to the Fleming County line; and with said line down North Fork to the place of beginning.


The claims allowed this year against the county amounted to $281.16. The levy on 970 tithes, at 50 cents, amounted to $485.


John H. Reganstine was found by the sheriff as a taxpayer not listed by the assessor. Mr. Reganstine lived near the head of East Fork of Cabin Creek, near Mckenzie post-


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office. His son, Henry, lived in that locality until his death, a few years ago, a model citizen, respected by all. His children were teachers in the county, possessing the best grade certifi- cates. Omar attended the Bible College of the Kentucky University, at Lexington, with the intent of becoming a minister of the gospel. He actually began to preach, and gave promise of much ability; but an attack of phthisis so affected his delivery that he has been compelled to desist from public speaking for some years, but recovered. He was married to Miss Ida Wellman, daughter of Jeremiah Wellman, some time in 1895.


December Term brought in a settlement with the sheriff, showing him indebted to the county in the sum of thirty-nine dollars.


Robert Smith was awarded a contract to repair the court-house in Clarksburg.


H. C. Bedinger gave in lands and slaves valued at $5,636.50.


January Term of Court of 1828 .- On motion of Andrew May, it was ordered that Ezra Toncray, Baily Bryant, Daniel Thomas, and William Easham, Sr., were appointed commis- sioners to view a road beginning on the State Road at Cordingley's path; thence the nearest route to intersect the Salt Lick or Gunpowder Gap Road, near the house of Daniel Thomas.


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Peter M. Cox, a regularly ordained minister of the "New Light" Church, was granted license to celebrate the rites of matrimony.


Some years after this Mr. Cox became a little daft in mind, and was attending a meeting and baptizing under the ministry of Elder Hathaway, on the farm now owned by James Hampton, on Henderson's Fork of East Fork. After the candidates had all been baptized, Rev. Cox appeared on the bank of the creek at a place still known as "Hathaway's hole," where the baptizing occurred, and demanded that Elder Hathaway baptize him. The minis- ter protested, saying, "You have been baptized, Brother Cox." But he said "That John the Baptist at first refused the Savior, but He said suffer it to be so, for it becometh us to fulfill all righteousness, and, Brother Hathaway, you must baptize me."


Hathaway got away from Brother Cox, who was still standing on the creek bank, and seeing that he was not likely to succeed in getting baptized, called out, "If you won't baptize me I will do it myself," and throwing up his hands, made a plunge into the water, and came out on the other side of the creek, much to the amusement of the spectators, some of whom are yet living in the county.


On motion of the trustees and inhabitants


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of Clarksburg, leave was granted them to build a schoolhouse on the public square for use of town.


February Term .- The name of Charles Caines appears on the road list, from Clarksburg to Vanceburg. This is the first mention of the Caines family in the court record; but Mr. Caines afterward took a prominent part in the county's history, being a sheriff, accumulating quite a fortune, and rearing a large and influ- ential family. His old homestead is still stand- ing, about two miles from the river at Vance- burg, on the S. L. T. & M. Turnpike Road. It is now in possession of his son, C. G. Caines, whose daughter, Mrs. Morgan, and son Charles, are residing on it.


The last will of David Looney was produced and proven by John Boyd and John Wiley. Mr. Looney was one of the earlier settlers on Crooked Creek, having probably settled there as early as 1800. There are none of his descendants now in the county. The family removed to Rush County, Ind., and carried some of Lewis County apple trees with them. In 1877 one of the family presented some of these apples, known as "Little Milam," to the editor of the Rush- ville Republican newspaper, who comments on Mr. Looney having brought them with him from Kentucky. But Mr. Looney did not


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bring them from Virginia. Mr. Israel Thomas did that by tying a few scions to a saddle and riding through from Virginia to Lewis County with them. In 1840 to 1850 the "Milam" was the apple of Lewis County, a majority of all orchards being made up of that variety. There are many of these apples yet, and as a general good keeper none are better.


French Martin was relieved as overseer of the road on the "left hand fork of Salt Lick," and James McCormick is appointed in his stead.


April Term .- Edward Wallace was appointed the first constable in the Mudlick District.


Robt. Parker was appointed overseer of the road above Clarksburg to Cottingham's bridge.


On motion of the heirs of George Wilson, deceased, it is ordered that the ferry at the upper end of Wilson's bottom be discontinued.


Mathias Tolle, Daniel Fetters, Charles Himes, and Peter Hoover were appointed com- missioners to view and mark a roadway from the Ohio River, opposite Manchester, O., the nearest and best way over the hill to intersect the Crooked Creek Road, near Irwin's mill.


Aaron Stratton granted tavern license at Kinny Crossing on the Ohio River Road, and W. B. Parker the same at Clarksburg.


June Term .- On motion of William Watkins and John P. Savage, leave was given them to


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build a mill dam on land they owned, embracing the stream of Indian Run, a branch of Cabin Creek.


September Term .- The last will and testa- ment of George Wilson, on account of the death and removal of the subscribing witnesses, was proven by the oaths of Samuel Wilson, Andrew Wilson, and William Hendrickson.


Chancy B. Shepherd gave in a list of prop- erty for taxation embracing 13 blacks over 16 years of age, and 11 others, a total of 24 blacks and 26 horses and mules, at a total value of $6,000.


The claims allowed this year amounted to $617.11, and the taxes assessed on 994 tithes, at $1 each, to $994.


January Term of Court of 1829 .- The last will of Francis Henderson was admitted to probate and proven by Joseph Taylor and James Dickson.


James McClain, who had been commissioned sheriff November 11, 1828, resigned his seat as justice of the peace in the court. John and Daniel Halbert were appointed his deputies.


February Term .- There was no court held in February nor March.


April Term .- G. "Washington" Bruce got permission to build a mill above the first island in Kinny above the mouth.


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William Fletcher Mavity, a minister of the gospel in the Christian Church, on Cabin Creek, was granted a license to celebrate the rites of matrimony. He gave bond with Daniel Hal- bert and John Irwin securities.


The settlement of Motley M. Morrison's estate was ordered.


John G. McDowell renewed his bond as constable.


Lewis G. Fry was made a constable in Dis- trict No. 3.


The last will of Susanna Thomas was proven by James McClain and William McEldowney.


James McCormick was discharged and Jacob Strode appointed overseer on Salt Lick Road. Woodford Roberts made overseer on the road above Clarksburg to Cottingham's bridge, and Laban Tolle on the Three Island Road, to Brown's Run, on Cabin Creek.


Jonathan Corns had moved from Ohio to the river bottom above Concord, and he was given an order on the sheriff for six dollars as per an account filed with the court.


May Term .- David Polly died intestate, and his wife, Elizabeth, and his father, David Polly, were granted administration.


July Term .- Andrew Wilson resigned as a magistrate, and Alexander Young having re- moved from the county, did the same.


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Barton Palmer was appointed one of the commissioners to examine and settle the estate of Thomas Bragg; but he was afterward re- leased and another appointed in his stead.


William Barkley was appointed guardian for the children of John Hendrickson.


August Term. James Fyffe died intestate, and administration was granted his wife, Nancy, with Wm. Watkins, J. P. Savage, and Thomas Grover as her securities on a bond of five thou- sand dollars. In November Nancy married Joseph Watkins, and her securities moved the court for counter securities.


September Term .- Thomas Marshall resigned as justice of the peace in Lewis County.


John Stalcup was appointed overseer of the lower Quick's Run Road, vice John Voiers, re- signed.


October Term .- On a proposed road up the river from Wilson's old ferry to Concord, the commissioners found the lands of George Wil- son, deceased, David Davis, John Stephenson, heirs of Thomas Forman, but occupied by John Purcell, Littleberry Bedford, Michael and John Doyle, Ben. Bedford, John Stephenson, Esq., a Mr. Tolle, Tavenor Moore, and Edward Stephenson. Above Ed. Stephenson's the road was to strike a street in the town of Concord, and follow the same to the crossing of Sycamore 20


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Creek. John Wilson was ordered to open said road.


John Fry resigned as constable, and Wm. McEldowney as justice of the peace.


Five new justices were recommended by this court to the governor, Thos. Metcalf, for his appointment.


Caleb Richards was appointed by the court as constable in stead of John Fry, resigned.


Larkin Liles, the first of that family men- tioned, is named as a hand on John Thompson's road, on Kinny.


Curtis Launtz, overseer on the Three Island Road in the stead of Samuel Wilson, and John appointed on the Quick's Run Road, from the forks to the dividing ridge toward Cabin Creek.


Joseph Robb, County Court and Circuit Court clerk, produced commission from the governor as notary public.


The claims this year were $534.91; levy on 1,017 tithes, at $1, $1,017.


Robert Grant died intestate, and F. R. Singleton was appointed administrator.


George Warner was allowed a fee as a guard over criminals.


November Term .- Daniel K. Putman, a min- ister in the Methodist Episcopal Church of the United States, was granted a license to cele- brate the rites of matrimony.


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Fred R. Singleton and John Johnson were commissioned as justices October 24, 1829, and took their seats in court.


December Term .- John Fry was commis- sioned as a justice of the peace October 24, 1829.


Charles Cox got tavern license at Clarks- burg this year.


John Patterson lived on Reed's Run, near the forks of Sycamore, and Edward Stephenson owned the tanyard at Concord, as shown by a road order from the house of Patterson to the Ohio River, passing by the tannery. That road was probably on the exact ground now occupied by the C. & T. Turnpike.


February Term of Court of 1830 .- Henry Hal- bert being about to remove from the county, resigned his commission as justice of the peace.


Robert Bagby, Jr., chose Mathew Thompson as his guardian.


March Term .- Edward and John Stephen- son petitioned the court for the establishment of a town on their lands at the mouth of Syca- more. They had complied the law in such cases made and provided by advertising on the court- house door and by notice in the Maysville Eagle newspaper, and "On due consideration of the application of the proprietors and petitioners


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hath been granted them by the court agreeable to their petition and notice, a town established, called Concord." The following are the re- corded metes and bounds of the said town: "Beginning at the stone on the bank of the Ohio River, North 52° West from the mouth of Sycamore and 42 poles below the mouth of said creek. Then from said stone, South 36° West 72 poles to another stone as a corner, and from thence North 54° West 100 poles to a stone, and from thence North 36° East 76 poles to a stone on the bank of the Ohio River, and from thence up the same and binding thereon to the beginning, containing forty-six and one- quarter acres, more or less."


A ferry was also granted to John Stephenson, and the rates established as follows: "For wagon, team, and driver, $1; for carriage, Dear- born or phaeton, horses, and driver, 50 cents; man and horse, 25 cents; single or led horse, 121/2 cents; every head of horned or neat cattle, 614 cents; every sheep, hog, or goat, 3 cents; all other property in proportion to these rates."


Hugh McIlvaine removed from the county, and W. B. Parker was appointed in his stead as trustee for the town of Clarksburg.


April Term .- George McCreary had been commissioned as justice of the peace, and took his seat in court.


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G. Washington Parker was appointed deputy county clerk.


Abednego Hunt made counter claim against Thomas Marshall for the maintenance of John Dredden and wife, for whom the court had granted Marshall an order on the sheriff, and it. was ordered the sheriff retain said money in his hands till a settlement was effected with Mr. Marshall. The money was afterward paid to Mr. Hunt.


The court refused to adopt as the road law an Act of the Legislature relating to roads.


The Rev. Thomas Gibbons, minister of the Methodist Episcopal Church, was granted a license to unite persons in the bonds of matri- mony.


Caleb Richards resigned as constable, and William Hamlin was appointed in his stead.


William Lloyd bought the dower of Mary Kennard in the estate of William Kennard and prayed for a division of the property.


Thomas J. Walker was appointed assessor of that half of the county lying northwest of the State Road from Vanceburg to the North Fork, and William Heath of that portion lying southeast of the same road.


William Norwood had been commissioned as justice of the peace, but refused to qualify, and court recommended James Boyd and John


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Tolle to the governor, one of which was to be appointed. The court then made Mr. Norwood overseer of the road from the Mason County line, up Cabin Creek to Swearingin's horsemill- they seemed determined that he should have an office.


Abel Burris was appointed road overseer from Thomas Parker's to Jonathan Hayden's, and Jacob Applegate from Swearingin's mill over to Widow Mckenzie's, on East Fork.


Preparations for the first alms or "poor- house" was begun at this court. Aaron Owens, John McDaniel, Mathew Thompson, and Arch. Frizzell were appointed commissioners to find a site and contract for land for the same. In about a year afterward they reported that they had bought of Daniel and William Hendrickson thirty acres on Indian Run, a tributary to Cabin Creek, at two dollars per acre. The court ac- cepted this, and the poor-house was established there, where it remained till 1881.


July Term .- Willis Bagby was appointed guardian for William and John Bagby, infant heirs of Robt. Bagby, deceased.


August Term .- Last will of Ruth Burris was proven by Jno. P. Savage and Barton Lee, sub- scribing witnesses. Richard Taylor, Nesbet Taylor, William Watkins, and Thomas Boggs, appraisers.


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September Term .- Rev. John Thompson, a "New Light" minister, was granted a license to marry people.


October Term .- Edward Wallace resigned as constable in the Mudlick District.


The levy on 1,050 polls was $657.50.


Alexander Bruce was ordered to take care of Anges Ruffner, who was sick at his house, and mentally deranged, and to employ medical aid for him; and if no friends came to pay his bills, to report the same to the court.


November Term. - John Fry resigned as justice of the peace. Mr. Fry seemed fond of resigning. He had twice before resigned as constable and once as road overseer before he resigned as magistrate.


December Term .- The last will of Thomas Kukins was probated, with Thos. Y. Payne and John M. Roulston witnesses.


January Term of Court of 1831 .- G. "Wash- ington" Bruce built two more mills on Lower Kinny.


Joseph G. Ward, a minister of the Methodist Episcopal Church, was granted a license to "practice matrimony on other people."


Wm. P. Ball was commissioned sheriff No- vember 6, 1830.


William Taylor admitted as an attorney at the Lewis County bar.


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February Term .- Archibald Frizzell renewed his bond as coroner.


March Term .- James W. Singleton was ap- pointed a justice January 24, 1831.


April Term .- Robert Means was appointed constable in District No. 4, to fill the place of James Singleton, promoted to justice of the peace; and Mathias Tolle also in District No. 2, while W. C. Logan and William Heath renewed their bonds as constables in other districts.


A new constable precinct was formed, begin- ning at Samuel Cummings' farm; thence down the river to the mouth of Blockhouse Run; thence up the same to the dividing ridge between the waters of Crooked and Sycamore, and with said ridge around and including all the waters of Sycamore to the place of beginning. Mathew Hanning was appointed constable in the new district.


Thomas Mitchell, who had been acting jailer since 1819, but who had failed, through neglect, to give bond at proper times, had a special Act in his favor passed by the Legsilature under which he renewed his bond in this court.


Abednego Hunt was allowed fifty dollars for keeping his mother-in-law, Mrs. Dredden.


Ambrose D. Parker was appointed asses- sor in the South District, and Thos. J. Walker in the North District.


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At this court an excellent plat of the town of Concord was presented to the court and was recorded in the order book. It shows all the streets and alleys as first laid out. Water Street and the lots in front of it, and also about one- third of the width of those back of it, are now


gone down the Ohio River. The next street parallel to the river is "Madison." It is now the roadbed of the C. & O. R. R. The first street next to Sycamore, and running back from the river, is Washington, and then in order fol- lowing are "Jackson," "Main," "Adams," and "Jefferson." The "public spring" at the north- east corner of the lot included by Main and Madison, is shown, and it still exists in the corner of Mrs. W. H. Coxe's yard.


George F. Fox was appointed overseer of the Three Island Road from near Donovan's to Phillipp's Creek, and Thomas Essex was ap- pointed on the road from Quick's Run to Salt Lick, called Hance's Trace.


Reason Beckett on the road from Benjamin Plummers to North Fork.


The court authorized commissioners to build a permanent bridge across Salt Lick, at the "Sycamore Ford." At a future court it was found that the contract had been awarded to James Cooper, at $250, of which $18.25 had been subscribed by citizens, and the remainder


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was appropriated by the court out of money in the hands of the sheriff.


Wm. H. Taylor was appointed Common- wealth attorney by the court, and his salary fixed at fifty dollars for one year. He was also allowed to read that "Little's Digest," for which reading Benj. Aills served the county one year as attorney.


The settlement with the late sheriff, James McClain, for two years showed the county in- debted to him by overdrawn orders during the first year of eighty-six dollars, and that he owed the county for the second year $15.68.


June Term .- William Watkins was commis- sioned surveyor April 26, 1831.


John G. McDowell was appointed constable in District No. 1, with Rowland T. Parker, Alexander Bruce, and John Halbert, securities.


John Aills was granted permission to build a mill-dam on Quick's Run.


July Term .- Nicholas Elson was commis- sioned justice of the peace June 25, 1831, and received the books of Thos. Marshall.


John Strode was granted tavern license at Vanceburg.


August Term .- Elijah H. Thomas, overseer on the Kinny Road, is ordered to begin Ben. Cole's (T. B. Harrison's) and work up to Bear Branch.


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September Term .- The first road from Ben. Cole's to Vanceburg was laid off at this time, and passed up the right hand fork of Grassy to the top of the hill, and then turned to the left to the point leading into Dry Run Branch; and thence down said branch to the Ohio Lick, and thence to the river, at Vanceburg. Ambrose D. McDaniel, overseer and hands; John W. John- son, overseer and hands; Ben Cole, overseer and hands; Elijah H. Thomas, overseer and hands; Cole Redden, overseer and hands, were ordered to assist John Thomas, who was over- seer of the new road, in opening the same.


October Term .- The clerk, Joseph Robb, re- ported seventy deeds as recorded by him from October, 1830, to October, 1831. Quite a large number of them were for lots in Concord, and one of these was to John Lovel, father of Hon. R. B. Lovell, now of Maysville.


The claims allowed this year amounted to $321.0812, and the tithables were 1,128, at 621/2 cents each, amounting to $705; fines, etc., collected, $16.69, making a total amount of $721.69.


Commissioners were appointed to build a poorhouse at Poplar Flat, on the land purchased of Messrs. Hendrickson.


The sheriff found Johnson Littleton as a taxpayer who had not been assessed.


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November Term .- The sheriff, after having advertised in the Maysville Eagle and on the court-house door, according to law, proceeded to sell the lands on which taxes had not been paid. No bids were offered, and the lands were "knocked down" to the State as purchaser.




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