USA > North Carolina > Western North Carolina; a history, 1730-1913 > Part 19
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Clerk of County Court: 1859 to 1862, Allen Gentry; 1862 to 1866, Horton Reeves; 1866 to 1868, C. G. Fowlkes.
Clerk Superior Court: 1864 to 1868, Wm. A. J. Fowlkes; 1868 to October, 1873, B. H. Edwards. Edwards resigned and J. J. Gambill appointed. October 1873 to March 1882, J. J. Gambill; Gambill resigned and R. S. Carson appointed. March 1882 to 1890, R. S. Carson; 1890 to 1898, W. E. Cox; 1898 to 1910, J. N. Edwards; 1910 to 1914, S. F. Thompson.
Sheriff: 1859 to 1864, Jesse Bledsoe; 1864 to 1870, J. C. Jones; 1870 to 1882, J. R. Wyatt; 1882 to 1884, Berry Edwards;
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1884 to 1885, George Bledsoe (died while in office); 1885 to 1888, W. F. Thompson; 1888 to 1894, W. S. Gambill; 1894 to 1898, L. J. Jones; 1898 to 1904, D. R. Edwards; 1904 to 1908, S. A. Choate; 1908 to 1910, John R. Edwards; 1910 to 1914, S. C. Richardson.
Register of Deeds: 1865 to 1868, Thompson Edwards; 1868 to 1880, F. M. Mitchell; 1880 to 1882, F. G. McMillan; 1882 to 1886, F. M. Mitchell; 1886 to 1892, J. C. Roup; 1892 to 1898, J. N. Edwards; 1898 to 1904, S. F. Thompson; 1904 to 1908, John F. Cox; 1908 to 1914, G. D. Brown.
The following is a list of the first Justices of the Peace of the county:
A. B. McMillan, John Gambill, Berry Edwards, John A. Jones, Solomon Jones, W. P. Maxwell, Solomon Long, Nathan Weaver, Wm. Warden, C. G. Fowlkes, F. J. McMillan, John Parsons, Caleb Osborn, Wm. L. Mitchell, C. H. Doughton, James Boyer, Wm. Anders, Thomas Edwards, Thomas Doug- lass, I. C. Heggins, Hiram Heggins, Morgan Bryan, A. M. Bryan, A. J. Woodruff, Alfred Brooks, Wm. T. Choate, Dan- iel Whitehead, Goldman Heggins, Absalom Smith, Martin Carico, Ruben Sparks, Spencer Isom, Chesley Cheek.
Of this number, Dr. C. G. Fowlkes and Nathan Weaver are the only ones now living, 1912.
FIRST MARRIAGE CERTIFICATE. This is a copy of the first marriage record in the county:
"This is to certify that I married Calvin Caudill and Sarah Jones the 16th day of March, 1862.
DANIEL CAUDILL."
Two NOTED LAWSUITS. What is probably the most im- portant lawsuit that ever existed in the county was W. D. Maxwell v. Noah Long, for the recovery of the "Peach Bottom Copper Mines" and for about 1000 acres of land. This cause was carried to the United States Circuit Court of Appeals and then to the United States Supreme Court. Polk, Fields, Doughton, Watson & Buxton represented Maxwell. Vaughan, Linney, and Judge Schenk represented Long. Maxwell finally gained the suit, Chief Justice Fuller writing the opinion.
Another historical lawsuit in this county, was one of eject- ment, Wm. Edwards v. Morgan Edwards. This litigation was begun about the year 1864, and lasted nearly thirteen years. The action was moved to Ashe county at one time, and prob-
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ably to Watauga at another. It was finally disposed of at Spring term 1877 of Alleghany Superior Court. After a des- perate battle, which lasted for nearly a week, the jury gave a verdict in favor of Morgan Edwards. 3 6
MITCHELL'S COUNTY SEAT. By ch. 8, Pub. Laws of 1860-61 Mitchell county was created out of portions of Yancey, Watauga, Caldwell, Burke and McDowell; and by chapter 9 of the same laws it was provided that the county court of Pleas and Quarter Sessions should be "held in the house of Eben Childs on the tenth Monday after the fourth Monday in March, when they shall elect a clerk, a sheriff, a coroner, a register of deeds and entry-taker, a surveyor, a county solicitor, constables and all other officers. Thomas Farthing of Watauga, John W. McElroy of Yancey, Joseph Conley of McDowell, A. C. Avery of Burke, David Prophet of Yancey, John Harden of Watauga and James Bailey, Sr., of Yancey, were appointed commissioners to select a permanent seat of justice and secure fifty acres of land, to meet between the first of May and June, 1861. Tilmon Blalock, J. A. Person, Eben Childs and Jordan Harden were appointed commis- sioners to lay off town lots; "and said town shall be called by the name of Calhoun."
A HITCH SOMEWHERE. But, at the first extra session of 1861 (Ratified September 4, 1861), Moses Young, John B. Palmer of Mitchell, John S. Brown of McDowell, Wm. C. Erwin of Burke, and N. W. Woodfin of Buncombe were appointed commissioners to "select and determine a perma- nent seat of justice," to meet between October 1, 1861, and July 1, 1862.
STILL ANOTHER HITCH. By chapter 34, Private Laws, second extra session, 1861, the boundary lines of Mitchell were so changed as to detach from Mitchell and re-annex to Yancey all the country between the mouth of Big Rock creek and the Tennessee line, so that the county line of Mitchell should stop on Toe river at the mouth of Big Rock creek and run thence with the ridge that divides Rock Creek and Brum- metts creek to the State line at the point where the Yancey and McDowell turnpike road crosses the same.
THE LAND IS DONATED. On the 17th of October, 1861, Lysander D. Childs and Eben Childs conveyed to Tilmon Blalock, chairman of the County Court, fifty acres of land
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(Deed Book C, p. 30) the which fifty acres were to be used "for the location thereon of a permanent seat of justice in said county; two acres for a public grave-yard, one acre for the site of a public school building, and one-half acre to be devoted to each of the following denominations for the erec- tion thereon of church buildings; to wit: Episcopalians, Pres- byterians, Methodists and Baptists"; the location of lots in the grave-yard and for the school and church buildings to be made by the commissioners charged by law with the duty of laying off the town lots in said seat of justice.
CALHOUN. This town was not far from Spruce Pine and Ingalls, "on a lane leading from the Burnsville and Boone road. " 37 It was what was afterwards called Childsville. But, although by chapter 61 of the second session of the laws of 1861, a term of the Superior court was directed to be held "for Mitchell county in the town of Calhoun on the sixth Monday after the fourth Monday each year," the county seat never assumed town-like proportions. The people never liked it; and at the first session of the legislature after the Civil War it was changed to the present site of what is now called Bakers- ville. But, it seems, it was first called Davis; for by chapter 2, Private Laws of 1868, the name of the "town site of Mitchell county" was changed from Davis to Bakersville.
BAKERSVILLE. On the 27th of July, 1866, for $1,000 Rob- bert N. Penland conveyed to the chairman of the board of county commissioners 29 acres on the waters of Cane creek "and the right of way to and the use of the springs above the old Baker spring to be carried in pumps to any portion of said 29 acres. 38 This was a part of the land on which Bakersville is situated. In 1868 there was a sale of these lots, and at the December, 1868, session of the commis- sioners the purchasers gave their notes, due in one and two years for balances due on the lots. The first court house in Bakersville was built by Irby & Dellinger, of South Carolina, in 1867, and on the first of November, 1869, M. P. and W. Dellinger gave notice of a mechanic's lien in the building for work done under a contract for the sum of $1,409.85 subject to a set-off of about $200. The first court held in Bakersville was in a grove near the former Bowman house, when it stood on the top of the ridge above its present site. Judge A. S. Merrimon presided. The next court was held in a log house
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built by Isaac A. Pearson. The present court house was built by the Fall City Construction Company, of Louisville, Ky.
TRANSYLVANIA. 39 This county was formed in 1861, while Marcus Erwin was in the senate and Joseph P. Jordan of Henderson county was in the house. M. N. Patton was its first representative, in 1864. Court was held in a store room on what is now Caldwell street, Brevard. The first regular court house was a small frame building which stood on site of present building. It was built by George Clayton and Eph. England, contractors, and was not quite complete in 1866. The first jail was also small and of wood. Both these buildings were moved across the street and are still in exist- ence. The present court house was built about 1874 by Thomas Davis contractor. Probit Poore built what is still known as the "Red House," before the Civil War; but it was not used as a hotel till William Moore opened it as such, and this was the first hotel in Brevard. In 1872 or 1873 Nathan McMinn built a store and afterwards a hotel where the present McMinn house stands and opened a hotel there about 1879. George Shuford, the father of Judge G. A. Shuford, used to own the Breese or Hume place in Brevard, and sold it to Meredith D. Cooper who built the present mansion, and sold it to Mrs. Hume. George Shuford bought the mill place from Ethan Davis and built a grist mill there, but when M. D. Cooper got it he built a flour mill, which was burned. Cooper afterwards sold the mill to Mr. Lucas and he sold it to Mrs. Robert L. Hume, who conveyed it to her daughter, Mrs. Wm. E. Breese, the mill having been rebuilt. About 1800 George Shuford moved from Catawba county and bought land below Shuford's bridge on the French Broad river, and took up a lot of mountain land, considered valueless, but which is held today by John Thrash at $25 per acre. It is in the Little river mountains. John Clayton, father of John, George and Ephriam Clayton, settled on Davidson's river, above the mill, at the Joel Mackey place. The Gash family were originally from Buncombe. Leander S. Gash lived for a time in Hendersonville where he died. He was a prominent and influential man, having represented Henderson county in 1866 in the senate; while Thomas L. Gash repre- sented Transylvania in the house in 1874. Their ancestor had fought in the Revolutionary War. The Duckworths are
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another large and influential family, John having settled at the mouth of Cherryfield creek on a part of the David Allison grant, which corners there, after following the present turn- pike from Boylston creek. It was here, too, that the Pax- tons lived. Just prior to the Civil War, while Transylvania was a part of Henderson county, many wealthy and fashion- able people from the lower part of South Carolina bought many of the finest farms and built what were palatial homes for those days. Among them were Frank McKune and William Johnston from Georgetown, S. C. Their fine teams and liveried servants are still remembered. Then, too, Rob- ert Hume built a stone hotel at the foot of the Dunn Rock, about four miles southwest of Brevard, where he kept many summer boarders prior to the Civil War; but, during that awful time, the hotel was burned; the ruins still standing. What is still known as the Lowndes Farm, on the French Broad river, about five miles below Brevard, originally be- longed to Benjamin King, a Baptist minister, who married Miss Mary Ann Shuford; but when the Cherokee country was opened to the whites, Mr. King sold it to William Ward, a son of Joshua Ward. William Ward built the fine house which stands on the land still; his father having built Rock Hall, the present home of the Westons. Ephriam Clayton was the contractor who built the Lowndes house for William Ward, and it was then one of the show-places of Transylvania. The Wards were South Carolina rice planters, and quite wealthy; but during the Civil War William got into debt to Mr. Lowndes, a banker of Charleston, who obtained judgments and sold the land after the war, bidding it in, and afterwards plac- ing the farm in charge of a Scotch gardner named Thomas Wood, who immediately put the land in splendid condition- the amount spent for the land and improvements having cost the estate nearly one hundred thousand dollars. Mr. Lowndes was very much attached to this place and spent much of his time there; but after his death, his grandson did not care much for it, and sold it, with stock and farm implements for a small sum to John Thrash, and he in time sold it to Col. Everett, a genial and popular gentleman of Cleveland, Ohio. He has improved the place greatly. The original farm now includes the James Clayton, the Wm. Allison and the Henry Osborne places-all fine farms. The late A. Toomer
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Porter, of Charleston, started to build a home on top of a small mountain, three and one half miles down the French Broad river, and a Mr. Clarkson of South Carolina started a summer residence on the opposite side, but the war stopped both enterprises. A relative of the late P. T. Barnum, owns the Hankel place about three miles from Brevard on the French Broad river. He has an extensive chicken farm, containing 5,000 white Leghorns. His name is Clark. Buck Forest, nine miles south of Brevard on Little river, containing the shoals and three picturesque falls or cascades of that stream, graphically described the "Land of the Sky," was originally the property of Micajah Thomas, who after building a hotel there before the Civil War, kept summer boarders when deer hunting was popular; but after the war sold it to Joseph Car- son. The late Frank Coxe, Carson's brother-in-law, how- ever, paid for it, and in the litigation which followed retained the title and possession by paying Carson's estate about $12,000 in 1910. The Coxe estate have since bought large tracts of land in that neighborhood and it is said will create a large lake and build a hotel on the property. The Patton family of Transylvania is one of the largest and most influential of that section, the original of that name having owned from Clayton's to the Deaver farm, a distance along the French Broad river of about three miles. They were a large family, but there was land enough to go around to about a dozen children. No better people live anywhere than the Pattons.
CHERRY FIELD. In November, 1787, Gen. Charles McDow- ell and Willoughby Williams entered 200 acres in Ruther- ford county (Buncombe county Deed Book A, p. 533), "ad- joining the upper end of his Cherry Field survey on French Broad river and extending up to his Meadow Camp survey"; and in November, 1789, the State granted to Charles McDow- ell 500 acres on both sides of the French Broad river, includ- ing the forks of said river where the Path crosses to Estatoe (Deed Book No. 9, p. 200, Buncombe). This old Indian path to Estatoe crossed near Rosman.
BEN DAVIDSON'S CREEK. 40 On the 25th of July, 1788, Charles McDowell entered 500 acres in Rutherford county on Ben Davidson's river, including the Great Caney Cove two or three miles above the Indian Path, though the grant was not
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issued till December 5, 1798 (Buncombe county Deed Book 4, p. 531), and in November, 1790, Ben Davidson got a grant for 640 acres in Rutherford county on both sides of French Broad river, above James Davidson's tract, including the mouth of the Fork on the north side and adjoining Joseph McDowell's line, "since transferred to Charles McDowell." (Buncombe county Deed Book 1, p. 74.)
CLAY COUNTY AND HAYESVILLE. Clay county was enacted in 1861, but it was organized in 1864. The first sheriff was John Patterson, but he could not give the necessary bond and the commissioners appointed J. P. Chastine in his place. Then came James P. Cherry who was sheriff for many years. Wm. McConnell was the first register of deeds. John C. Moore, G. W. Bristol and Harvey Penland were the first County Commissioners. The county seat was named for George W. Hayes. He lived on Valley river near Murphy and was the father of Mr. Ham Hayes, who is still living. He was an extraordinary man and much respected. He had Clay county cut off from Cherokee while he was in the legis- lature.
John H. Johnson of Tennessee, Robert Martin of Wilkes county, North Carolina, and Elijah Herbert of Wythe county, Virginia, married three daughters of John Alexander, of Ab- shers, Wilkes county, North Carolina, about 1823, and after- wards moved to Clay, then Cherokee county, when the Chero- kee lands were sold. They settled near Hayesville. Elijah Herbert, who had married Winifred Alexander, died in March, 1875, aged seventy-four years. John H. Johnson died about 1895. Robert Martin died about 1880.
Clay county lands are exceedingly fertile and, with the sparkling Hiwassee river flowing through the center from east to west, with its tributaries, Tusquittee, Brasstown, Sweet- water, Shooting Creek and various other smaller streams and hundreds of clear, sparkling springs, make it a well watered country. It is surrounded on three sides by mountains form- ing an amphitheatre overlooking a valley that is unexcelled for natural beauty. Its soil is adapted to the production of all the grains and grasses but more especially to the growth of apples. This county has long been noted for the morality of its people and the maintenance of a high school at Hayes-
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ville, the county seat, the courts seldom last longer than two days, and often only one day, and the jail is almost always free of prisoners.
This county was settled largely by emigrants from the counties east of it. The Cherokee Indians were removed from this particular territory in the year 1838, but a number of pioneers had settled in the county prior to their removal. G. W. Hayes was the representative in the legislature from Cher- okee at that time and the county seat was named in his honor. The minerals of the county are gold, corundum, asbestos, gar- net, mica, kaolin, and iron.
George W. Bristol came from Burke county in the spring of 1844 and settled at the Mission Farm on Peachtree creek. The Bristols came to Burke from Connecticut. His son, Thomas B. Bristol, was born in Burke county July 3, 1830, and mar- ried Mary Addie Johnson, a daughter of the late John H. Johnson of Tusquittee, January 22, 1852. He died January 19, 1907. His widow survived him till October 8, 1911.
Archibald O. Lyon was born in Tennessee and married Miss M. E. Martin September 14, 1856. She was a daughter of Robert Martin, one of the first and most prominent settlers of Clay county. A. O. Lyon died February 16, 1885. He went to Raleigh soon after the Civil War and obtained a char- ter for a Masonic lodge at Hayesville, which was organized as Clay Lodge October 2, 1866. He was its Worshipful Mas- ter ten years and a faithful member for nineteen years. He was a progressive and successful farmer, and was loved and respected by all who knew him. James H. Penland also mar- ried one of John H. Johnson's daughters, Miss Fanny E. Johnson, as did H. G. Trotter of Franklin and Wm. B. Tid- well of Tusquittee two others.
John C. Moore was one of the first settlers of Clay county and lived in an Indian hut which stood near a beech tree near John H. Johnson's house before the land sale. He came from Rutherford county and married Polly Bryson of Mills river. Their daughter, Sarah, married Wm. H. Herbert about the year 1851.
W. P. Moore, universally called "Irish Bill," was a son of Joab Moore and was born in Rutherford county and was a brother of John C. Moore. He married Miss Hattie Gash of Transylvania county. He was a captain in the Confederate
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army and "every inch a soldier." He is still living at his home on Tusquittee, aged eighty-three years.
Alexander Barnard settled on Hiwassee river, three miles above Hayesville. Eli Sanderson was born in Connecticut and was the father of George W. Sanderson who died some years ago. He and William Sanderson were among the first settlers of Clay county. James Coleman was also among the first settlers and owned a large farm. William Hancock lived below Hayesville and Richard Pass came early from Georgia to Clay county. One of his daughters married S. H. Haigler of Hayesville.
Joshua Harshaw was the original settler at the mouth of Brasstown creek on a good farm. He came early from Burke county. Abner Chastine came from Jackson county early and died about 1874 or 1875, when an old man. He left sev- eral children, among them having been J. P. Chastine the first sheriff of Clay county. Byron Brown married Miss Nancy Parsons and died about 1901. Daniel K. Moore, of Buncombe county, also lived on Brasstown. He married a Miss Dickey and was the father of Judge Frederick Moore. He is still living. Henry Platt, the father of the present Rev. J. T. Platt of Clay, was also an early settler, and died many years ago.
George McLure came from Macon county long before the Civil War and settled near Hiwassee river. He was the father of W. H. McLure who has represented Clay county in the legislature. W. H. McLure married one of the daughters of R. S. Pass and was one of the California Forty-Niners. He stayed in California till the Civil War, when he returned to Clay county.
The Mission farm is now partly owned by the heirs of a Mr. Sudderth, originally of Burke county. He was at one time sheriff of Clay and a gentleman of fine character. Fort Embree, one of the collecting forts at time of the removal of the Cherokees, was on a hill just one mile southwest of Hayesville. There is an Indian Mound at the mouth of Peachtree creek on the old Robert McLure farm. It is about the same size as that near Franklin. There is also a mound half a mile east of Hayesville which is highest of all these mounds. It is on the land of W. H. McLure and S. H. Alli- son, their line splitting the mound.
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Among other prominent citizens of Clay should be men- tioned Dr. D. W. Killian, Dr. John Duncan, Gailor Bristol and S. H. Allison's father, who came to Clay many years ago. S. H. Allison married Miss Elizabeth Lyon, daughter of A. O. Lyon. John O. Hicks was born in Rutherford county and was among the first school teachers in Clay county. He built up a splendid school at Fort Embree and afterwards moved to Hayesville. He represented Clay in the legislature. He closed his school in 1876 and moved to Walhalla, South Carolina, and then went to Texas, where he died in 1910.
There is now a fine high school at Hayesville. It is in charge of Mr. N. A. Fessenden, who succeeded John O. Hicks. Among those who have distinguished themselves after attend- ing this school are Rev. Ferd. C. McConnell, of Texas, one of the finest preachers of the Baptist church; George Truett, another fine preacher; and Hon. George Bell of the Tenth Georgia Congressional district.
SWAIN COUNTY AND BRYSON CITY. The county was cre- ated in 1871. The first court house was a frame building, with the upper floor for a court room and the lower for a jail. The "cage" was a pen of logs, under the front outside stairs, and was used for misdemeanants only. The dungeon was a log room within a log room, the space between being filled with stones. A padlocked trapdoor from the floor above was the only entrance, reached by a ladder let down when required. Bryson City was first called Charleston, which name it retained sixteen years when it was called Bryson in honor of Col. Thad. Dillard Bryson who was instrumental in having the new county formed. Col. D. K. Collins built the first house there, Capt. Epp Everett the next, and James Raby and M. Battle fol- lowed. H. J. Beck was first clerk of court, Epp Everett sher- riff, D. K. Collins postmaster, and Wm. Enloe, B. McHane, and John DeHart county commissioners.
OCONALUFTY. The first settlers on this creek were Robert Collins, Isaac Bradley, John Beck, John Mingus, Abraham Enloe, after whom came the Hugheses, Connors, Floyds, Sher- rills, etc. Col. D. K. Collins' mother had thirteen children, of whom twelve lived to be grown. Seven of her sons took part in the Civil War, one being killed. Their neighbor had eighteen children. The earliest settlers on Deep creek were the Shulers, Wiggins, and Millsaps. Those on Alarka were the Cochrans, Brendels, Welches, and DeHarts.
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ROBERT COLLINS. He was the guide and assistant of Pro- fessor Arnold Guyot's surveying party in 1858-59, and Col. D. K. Collins was along as a helper, to carry the instruments, chain, stakes, etc. They followed the summit of the Smoky mountains from Cocke county, Tenn., to Blount county, Tenn., breaking up the party at Montvale springs, 16 miles from Maryville. Robert Collins was born on Oconalufty river September 4, 1806, married Elizabeth Beck, December 30, 1830, and died April 9, 1863, when he was an officer in charge of 500 troops, mostly Cherokees, in Sevier county, Tenn.
ELI ARRINGTON. He helped to carry Rhynehart, who was ill of milk-sick in 1855, near Collins gap. Wain Battle was also one of the party who helped carry Rhynehart from the mountains. About two years later he was with Dr. John Mingus, Dr. Davis and a few others going to the Alum cave where Col. Thomas got magnesia and alum during the war, and took sick and died alone in one of the roughest countries in the mountains. He was found by Col. D. K. Collins and taken to his home in Waynesville.
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