USA > Tennessee > Bedford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc, Vol.2 > Part 18
USA > Tennessee > Marshall County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc, Vol.2 > Part 18
USA > Tennessee > Wilson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc, Vol.2 > Part 18
USA > Tennessee > Maury County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc, Vol.2 > Part 18
USA > Tennessee > Williamson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc, Vol.2 > Part 18
USA > Tennessee > Rutherford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc, Vol.2 > Part 18
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HISTORY OF TENNESSEE.
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Robert Mack appeared on the bench June 18, 1822, as successor to Judge Thomas Stuart. The vacancy in the judgeship was caused by the formation of a new fir- cuit. Judge Mack remained on the bench till in 1828. He was a native of Pennsylvania, where he was born in 1772; lived in Kentucky for a time, where he taught school and studied law. He became a resident of Columbia about 1809-10, and there began the prac- tice of law. He was a brother-in-law of Gov. Aaron V. Brown, a distinguished lawyer and politician. After retiring from active life Judge Mack devoted himself to literary pursuits. The result of his works were two volumes of poems. The first was called "Kyle Stuart, and Other Poems": the second, "The Moriad." an epic in twelve cantos. a story founded upon the capture and destruction of Jerusalem by Titus. Judge Mack accumulated abundant means, and lived to enjoy the fruition of his legal and other liter- ary pursuits to the age of ninety-three. He, like Judge Stuart, left no offspring, but what was better a name and fame to be cherished by coming ages. In 1822 the Hon. Joshua Haskell occupied a seat on the bench for one term and the following attorneys were ad. mitted: A. O. P. Nicholson, J. H. Thomas, W. H. Polk, Bradley Martin and Robert Prince. Another example of old style of justice was a fine of $50, one month's impris- onment and ten lashes upon the bare back of Peter Powell, for a small offense against the State. The latter part of the punishment was inflicted by the sheriff, at the hour of 12 on December 24, 1823. Polly Hicklin was granted a divorce from A. M. Hicklin for five years' "abandonment without cause." Berry White, an old Revolutionary soldier, made application for a pension at the December term of court in 1824. On January 5. 1827, the court adopted the following rule: "All cases of action for debt not really liti gated shall be first on trial, the facts to be ascertamed from the attorneys on both sides." The first suit for bigamy was brought against W. D. Mitchell December 29, 1:27.
About this time was witnessed the close of the much litigated case of Jones Kendrick et al. against Dallum. From a condensed statement of the case at hand and from the very long record, it is learned that the suit grew out of a disputed title to land, and it may be here remarked that that arose from the vague terms given to the original descrip- tion. In 1783 Jones Kendrick made entry in the land office of John Armstrong in the following words: "Jones Kendrick, 5,000 acres of land on the west fork of the second creek above Gen. Greene's land, that empties into Duck River on the south side, beginning near the fork of said creek, and extending up the west fork for complement." A few days later Elijah Robertson made three entries in the same office for 5,000 acres, each lying in the same neighborhood. Grants were issued for these, and one of them was transferred to Dallum in 1790. The portions of the lands of Kendrick and Dallum had passed into the hands of innocent purchasers. The original suit arose as to right of Ken- drick or Dallum to make proper title. The main suit was carried to the supreme court twice, once in 1812 and referred, and again in 1813. The principal attorneys in the case were Judge Haywood and Judge Mack for plaintiffs, and Hayes, Dickinson, Whiteside and Cocke for defendants. Numerous suits followed, several of which were taken to the supreme court. The final decisions were favorable to Kendrick's elaim.
By the act of the General Assembly of 1809, which established the circuit courts, a "supreme court of errors and appeals" was also established. This was composed of two judges in error and one circuit judge. By an act of the General Assembly passed in 1821. while in session at Murfreesboro, Columbia was designated as one of the places of holding the supreme court. The first session met in Columbia March 4, 1822; the judges present were John Haywood, Thomas Emmerson and Robert Whyte. The second term was held in September, 1822, at which were present John Haywood, Jacob Peck and W. L. Brown. The next term was in September, 1823. The judges present were Robert Whyte, W. L. Brown, John Haywood and John Peck. The next and last session opened September 14, 1921. On June 22, 1826, the grand jury returned "a true bill" for mur- der against J. R. Bennett. A jury of good and lawful men, Samuel HI. Williams. William Allen, John O. Davidson, John Farney, E. E. Davidson, William Kerr, William Pillow, Arthur M. Copeland, William Voorhies, Thomas Gill, F. R. Houston and William"Jen-
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MAURY COUNTY.
nings found him guilty as charged in the indictment. Judge Mack ordered that "James R. Bennett be remanded to the county jail of Maury County for safe keeping till Thurs- day, the 26th day of September, 1826, on which day he shall be conveyed by the sheriff of Maury County to a gallows erected on the common of Columbia, and then hung by the neck until dead, and may the Lord have mercy on his soul." This execution was strictly carried out.
On October 24, 1831, Gideon J. Pillow resigned as solicitor and Edmund Dillahunty was appointed in his place. In the same month A. O. P. Nicholson was admitted as an attorney, and in April preceding Hugh W. Wormley was admitted on motion of Gideon J. Pillow. Whether by chance or otherwise the name of Gideon J. Pillow appears more frequently than any other in assisting young attorneys to a position before the bar. It is needless to say that this was the distinguished Gen. Pillow, whose reputation became national in the Mexican war as well as in the late war. After the close of the struggle he opened a law office in Memphis, where he resided until his death. William E. Kennedy who succeeded Judge Mack, held his first term of court in Columbia in December, 1828. He was judge only till 1833. He was considered a profound lawyer, an able, conscien- tious and upright judge, and a man of high moral character. Although a married mau he left no children to survive him, He died about 1864. These three coincidences seem peculiar to Judges Stuart, Mack and Kennedy; they all lived to be very old, left no chil- dren, and were faithful members of the church. Judge William Fleming occupied Judge Kennedy's seat for a time in 1832. Judge L. M. Bramlett, who had previously been admitted to the bar, succeeded Judge Kennedy on the bench of the circuit court Octo- ber 21, 1833, and remained till October 31, 1835. Judge Bramlett was a resident of Pulaski, Giles County, and under the new constitution, adopted August 30. 1834, he became the first chancellor. Chancery courts had been held as early as 1829, and from that time till 1836, when the new constitution went into full effect, there had been occa- sional terms of chancery court. Those who held chancery court to this date were Will- iam E. Anderson, W. A. Cook, W. B. Reese and Nathan Green. On the adoption of the new constitution Judge Bramlett became chancellor, a position which he held till 1844.
This observation is noticed in regard to a motion to quash indictments: Previous to about 1835 such motions were not offered till after trial or after sufficient progress had been made to develop the weakness of the case. A very efficient weapon had thus been neglected. Numerous cases of "selling liquor to slaves, case, debt, ci et armis, horse stealing, divorce, larceny," were of almost daily occurrence, but a new indictment appears now for the first time, i. e., "betting on elections." In 1838 James Hudspeth, John Patten, E. D. Morgan, George W. Kee, W. P. Smith, William Wood, John Thomas and William H. Polk received $5 fines for such offense. At the May term of 1836 Judge Dillahunty, before mentioned, became circuit judge, which position he held till his death in 1852. For several years before his death he was frequently called upon to give place to others on account of ill health. He is described as a "profound, clear-headed, common-law law- yer, an able and pure judge." He was a benevolent, social, public-spirited, Christian gentleman. He was the son-in-law of Abraham Looney, the head of a prominent and respectable family. He lived a happy and congenial married life but left no children.
The first suits of usury began about 1840; be this said, however, they were not num- erous. On March 31, 1843, appeared this suit: James K. Polk, governor, to the use of the president and directors of the Bank of Tennessee vs. Henry Turney, J. B. Johnson, Sam- uel H. Duncan and James R. Plummer. The jury gave judgment for plaintiff in the sum of $22,396, and further against defendants, except as to J. R. Plummer, in the sum of $100,- 000, and that judgment issued, etc. Numerous suits were brought between the Union Bank of Tennessee and individuals, also between the Planters' Bank of Tennessee and private parties till the war, and some years after the war.
In 1844 the grand jury to inquire into the body of the county found that "William A. Caldwell, late of said county, laborer, not having the fear of God before his eyes, but being moved and seduced by the Devil on the 28th day of October, 1844, with force and arms, did
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HISTORY OF TENNESSEE.
assault Patrick Hornard, in the peace of God and of the State, then and there being feloni- ously, wilfully, deliberately, maliciously, premeditatedly, with malice aforethought, to kill and commit murder in the first degree with a certain gun of the value of $5, loaded with gun-powder and divers leaden shot, which he, William A. Caldwell, did then and there hold, etc." The prisoner was put under bond, and escaped trial by forfeiture of recognizance. Exacting justice required of Ferdinand Manny, who had stolen eleven knives of the value of $3.30 and had returned but three of them and 60 cents, should get two years at hard labor in the "jail house of the penitentiary" and pay a fine of $2.70. Among the lawyers not specially mentioned who were before the Columbia bar were Doud, Thomas and James B. Craighead, Robert C. Foster, Allen Brown, Francis B. Fogy, Alfred Balch and Robert L. Cobb, all attorney-generals for this district. Francis B. Fogg. J. Egnew, Madison Caruthers and R. H. Almire, gentlemen, were admitted in 1818. Judges: Samuel S. Frierson, Terry H. Cahal, William P. Martin, A. O. P. Nichol- son. Others were James K. Polk, W. D. Mitchell, J. H. Thomas, W. H. Polk, Robert Prince, Barclay Martin, Walter Coleman, J. B. White, Russell Houston, John H. Dew, M. S. Frierson, G. W. Gordon, Nathaniel Baxter, J. K. Walker, W. S. Rainey, J. H. Ros- borough, W. F. Cooper, W. C. Whitthorne, W. S. Flemming, R. G. Payne, L. D. Myers, George Gantt, W. J. Sykes, Hillary Ward, Amos Hughes, R. F. Looney, A. M. Looney, W. V. Thompson, F. C. Dunnington, N. R. Wilkes, J. L. Bullock, J. H. Fussell, G. P. Frierson, J. T. L. Cochran, J. H. Dew, W. B. Gordon, N. H. Burt, William Voorhies, T. J. Sprinkle, J. M. Sidberry, J. M. Arnold, Nathan Allen, N. R. Wilkes, Nathaniel Arm- strong, Mr. Hughes, H. B. Estes, J. W. Allen, Joe E. Johnston, J. S. Bullock, W. B. Gordon, W. L. Pope and II. T. Osborn. Some of these will be mentioned inore fully farther on. Terry H. Cahal, who succeeded Judge Bramlett as chancellor in 1844, and served in that capacity till his death in 1851, was a man of strong and vigorous intellect. A committee of the bar of Columbia, of which S. D. Frierson was chairman, resolved May 7, 1851, that "Terry H. Cahal was a man of noble and generous character, and had a heart full of generous impulses. If he was impulsive and ambitious (and we know he was), he was possessed of a generous heart; while he was courageous and fearless, he was ready to forgive and to acknowledge his own faults; a warm-hearted companion, a devoted friend, a liberal lawyer at the bar and a devotee to his profession. He was useful in the Legislative councils, and brave upon the battle fields of Florida. His traits were, how- ever, not sufficient to avert the arrow of death, which truly 'loves a shining mark.'" After the retirement of Chancellor Bramlett the office was filled by special appointment, first by S. D. Frierson, and afterward by A. O. P. Nicholson. Judge J. S. Brine was made chancellor in 1852, which position he held till.1854, and then resigned to resume the prac-
tice of the law. As a judge, Chancellor Brine gave eminent satisfaction.
On the death
of Judge Dillahunty, of the circuit court, the Hon. William P. Martin became circuit judge, and held the position till the courts were closed by the war, which was in Septem- ber, 1861. Hon. John C. Walker was appointed circuit judge in 1864 in this district, and held the position till 1866, but no courts were held during that time. The last jurors sum- moned before the war were William Adkinson, E. P. Mays, G. A. Kennedy, Simpson Leggett, A. W. Denham, Henry Hartin, J. L. Renfroe, C. A. Thompson, J. B. Stockard, J. N. Alexander, L. Smith, G. W. C. Maxwell, A. E. Neeley, W. L. Colquit, J. L. Baird, W. B. Wormley, J. H. Joyce, J. H. Frierson, J. H. Coffey, A. Williams, Munford Smith, Richard Blecker, T. J. Smith, D. Mcclanahan, J. J. Bingham, S. Goodwin, J. Adkinson, Willis Nichols, William Roberts, D. R. Dortch, A. J. Turner, W. H. Davidson, W. D. Bryant, A. S. Dyer and Thomas Hardeman. The first court after the war was opened by Hon. Henry Cooper, in exchange seats with Judge Hillary Ward. The following jurors were summoned: P. C. Church, W. C. Kennedy, J. J. Williams, Robertson Bryant, W. C. Patton, C. A. Tomlinson, W. H. Holt, Samuel W. Scott, J. G. Dobbins, Benjamin Harri- son, E. C. Frierson, A. W. Hill, A. J. Lindsley, J. R. Thomason, W. J. Cecil, J. H. Rus- sell, Daniel McKannon, Thomas Baird, H. C. Kirk, J. P. Adkins, J. G. Robinson, J. H. . Brown, E. Kirby, M. G. Allen, J. M. Foster, W. F. Moore, C. H. Gray, John Glenn, C. P. Jones, John Nicholson, Sr., and Duncan McKea.
265
Josef Fussell.
EngHey Augustus Roba NY
765
MAURY COUNTY.
Soon after the assembling of court the bar was called upon to offer suitable memo- rials of respect to the memory of Chancellor S. D. Frierson, who was the successor of Judge Brine. Judge Frierson died March 11, 1866, while holding a term of court at Pulaski. Judge Frierson was a native of Williamsburg District, S. C., where he was born in 1803, immigrated to Maury County in 1807, graduated at Transylvania University in 1821, was admitted to the bar ,in 1824, and elected chancellor in 1853. The committee, consisting of Judge W. P. Martin, W. S. Flemming, S. D. Myers, J. H. Thomas and S. S. Merrill, said of him that he was a man of "classic education, extensive reading, thorough and critically learned as a lawyer, and was master of the great principles of equity juris- prudence." On the death of Judge Frierson, Judge David Campbell, of Franklin, was appointed to fill the vacancy, and after acting about one year, was succeeded by Judge H. H. Harrison, who took his seat in April. 1867: He also resigned in a short time, and was succeeded by Judge John C. Walker by appointment. This position he held till the August election in 1870, when Hon. W. S. Flemming was elected. Judge Flemming will have re- tired from the bench in August, a position which he has held with eminent credit to him- self and satisfaction to his constituents for the last sixteen years. In November, 1867, A. M. Hughes became circuit judge and held the position till 1870, when Judge Martin becaine circuit judge under the new constitution. In 1872 a criminal court was established, composed of the counties of Maury, Williamson, Giles and Marshall. The Hon. William S. McLemore, of Williamson County, was elected judge of this court, a position which he still holds.
James K. Polk, a prominent practicing attorney at the Columbia bar, was elected to Congress in 1825, where he served till 1839. He was speaker of the House from December 5, 1836, to March 4, 1837, and again from December 4, 1837, to July 9, 1838. Other congressmen from Maury County were Barclay Martin, James H. Thomas, William H. Polk (brother of President Polk) and W. C. Whitthorne, recently appointed to the United States Senate to fill out the unexpired term of Senator Howell E. Jackson, who resigned to accept a United States District Circuit Judgeship. A. O. P. Nicholson was a native of Williamson County, where he was born August 31, 1808. He spent his early years near Spring Hill, graduated at Chapel Hill, N. C., in 1827, attended a course of med- ical lectures in Philadelphia in 1828, and began the practice of law in 1831. He was sent to the Legislature in 1833, and was for a time one of the editors of The Western Mercury. He took an active part in organizing the government under the constitution of 1834, and in putting into operation the internal improvements, banking and common school system
of 1837. In 1836 he assisted in the compilation of the statutes of the State. In 1835 he was appointed land commissioner for Mississippi by President Jackson, but refused the office., In 1840 he was presidential elector on the Van Buren ticket, and in 1841 was ap- pointed United States senator to fill the vacancy caused by the death of Felix Grundy. In 1844 he canvassed the State for James K. Polk, and in 1845 removed to Nashville and became editor of the Union. He returned to Columbia in 1850, and was appointed chan- cellor by Gov. Trousdale, but resigned at the end of the year. In 1852 he was presidential clector for Franklin Pierce, and in 1853 became editor of the Washington Union, and in a short time was elected public printer. He became United States senator again in 1857, and served till the State seceded in 1861. He was a member of the constitutional conven- tion of 1870, and was the same year elected one of the judges of the supreme court, and was chosen by that body as chief justice, a position which he held till his death March 28, 1876.
Hon. W. F. Cooper, of the Supreme Court of Tennessee, was born in Maury County, and graduated at Yale College in 1938, and at once began practice with Hon. S. D. Frier- son. In 1861 he was elected one of the supreme judges, but never took his seat on account of the war. He was appointed chancellor of the Nashville District in 1872, and elected to the same position in 1874. In 1878 he was elected one of the supreme judges, a position which he still holds. A fuller sketch of him will be found in this volume.
By an act of the General Assembly in the year 1807 a board of commissioners was created
48
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HISTORY OF TENNESSEE.
for the purpose of selecting a site for a county seat. The language of Section 3 of said act is "Joshua Williams, William Frierson, Isaac Roberts, John Lindsey and Joseph Brown are hereby appointed commissioners, who or a majority of whom shall, as soon as may be, fix a place most convenient, on or as near Duck River as the nature of the case will admit, for a court house, prisons and stocks for the use of said county of Maury, which place shall not exceed three miles from the center east or west, and after agreeing on a place they shall proceed to purchase or otherwise procure not less than one hundred acres of land, for which they shall cause a deed or deeds to be made to themselves or their successors in office by a general warranty, on which they shall cause a town to be laid off, with neces- sary streets and alleys, neither of , which streets shall be less than one hundred feet wide, reserving two acres as near the center as may be, on which the court house, prison and stocks shall be erected, which town shall be known by the name of Columbia." One half the lots near the square were to be sold to the highest bidder at public auction on twelve months credit. The sale was to be advertised for sixty days in the Nashville Gozette and Impartial Review. The money arising from the sale was to be used in the erection of the court house, prison and stocks, and, in case there was not sufficient money obtained, the commissioners had power to levy a tax of 12} cents on each 100 acres of land. the same amount on each white poll and double that amount on each black poll and $5 on each merchant or peddler, to be collected by the collector of public taxes. On May 30, 1808, the commissioners received a deed from John White for 150 acres, more or less, of land, for which White received $500. The land is described as "situate and lying on the south side of Duck River, being a part of 5,000 aeres granted to Nicholas Long, bounded on the west by General Greenc's Survey." The land was conveyed by Congress to Long, and by Long to Arthur Bledsoe, and by Bledsoe's heirs to John White, and by White to the commissioners aforesaid. . The land adjoined the lands of Joseph McDowell and were a part of Grant 216. The sale of lands began August 1, 1808. The following were the original purchasers: Peter Bass, John Caruthers, Lawrence Thompson, William Daniel, Kavanaugh & Berry, John Williams, Lucy White, Joe Brown, William Berry, Peter Cheatham, Hezekiah Al- mont, James Bruce, Zilman Spenser, B. F. Spenser, Nelson & Cannon, Stump & Johnson, John Spenser, J. B. Porter, Richard Garret, Joseph Lemaster, John Bell, Robert Weakley, William Frierson, Britton Bridges, John Lyon, Nicholas Cobler, Henderson & Rutledge, Samuel Taylor, William and Abner Pillow, McPhail & McGilray, Bird Hurt, Thomas Hardin, J. Neulin, Nicholson & Goodloe, John MI. Goodloe, Gabriel Benson, A. C. Yates, James Gullett, Moses Chaffin, George Cockburn, Alfred Balch, Isaac Roberts, John Keenan, McGee & King, Thomas Deaderick, Berryhill King, Edward McGafferty, David Nolen, Samuel Polk, Edwin Mangrum, John Lindsey, E. W. Dale, H. Depriest, Patrick McGuire, William Wallace, William Anderson, L. B. Mangrum, E. B. Littlefield, William Wood, Meredeth Helm, W. T. Lewis, S. P. Maxwell. R. D. Shackleford, James Pearsball, J. W. Egnew, Jethro Brown, John Woodruff, Elisha Uzzell, John Wormley, W. A. Johnson, Isaac Bills, James Huey, Abraham Whitelock, Richard Hanks, Joseph Love and A. R. Alexander. By an act of Section 2, approved November 14, 1809, the commission- ers were to appropriate two acres of ground unsold for a church and burying ground. This ground was called "Greenwood," and lies on the left bank and on the south side of the river. This was the chief burying place for the people of Columbia till 1854, when the new cemetery was chartered.
Section 3 of the above act required the commissioner to cause a jail to be built "on some part of a lot not sold, not on the square, other laws to the contrary notwithstanding." Section 5 required the commissioners to build a market-house on the Public Square from the sale of lots. On November 14, 1809, the commissioners of Columbia were authorized to appropriate money from the sale of lots to purchase a bell and clock for the court house. The exact location of the county seat was attended with much difficulty, as con- flicting interests divided the opinions of the commissioners. The places taken under serious advisement were the present site of Columbia, and the place owned by Gen. Rob- erts, a few miles from Columbia, on the north side of the river. It is claimed it
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MAURY COUNTY.
received a majority vote of the commissioners, but on reconsideration the vote was given for Columbia.
The place selected was either covered with heavy timber or around the three large ponds; one marked by the site of the Bethell House was covered with heavy canebrakes, where grew very tall cane. Where the Masonic Temple stands was a crossing of timber for footmen over one of these ponds. The timber was soon cleared away, the cane de- stroyed and the ponds filled or drained, and the infant city started. One of the first business houses erected in Columbia was the indispensable inn. Jeremiah Cherry owned a large inn in Columbia in 1810; how much earlier it was built is not known. Peter Cheatham built an inn a little later near where Black's livery stable now stands, but on the opposite side of the street. Maj. Lewis kept a house of entertainment near where the Guest House now stands, over half a century ago. He was followed in the same house by a Mr. Ransom. The first store in the place, it is thought, was built by John Hodge. This stood where Mr. Taylor Voss now lives, and was a three-cornered brick, the first of the kind in the place,'and stood on the south side of the Square. The main building of Hodge was of logs, and the brick was added to it. William W. Berryhill, another store-keeper. had a store also on the south side of the Square. Berryhill's building was of logs, and was two stories in height. . Peter Cohea kept what was called the Indian store. Here most of the Indians did their trading. They came in droves, with their pack ponies loaded with peltries and such articles as they had for traffle. They would remain a num- ber of days in town, and would spend what money and trade they might have in whisky \ and trinkets. They were particularly fond of chinaware. Another store was kept by a widow, Mrs. McCain, as early, it is thought, as 1813. She had two sons, John and Joseph who assisted her in her work. She was the first female store-keeper in the town or county, and was a woman of taste and culture. Her house was a favorite resort at the time for the ladies for tea parties and social gatherings. Simon Johnson was another pioneer merchant in Columbia, whose place of business was on East Market Street near Black's livery stable. David Martin had a small store near the present site of the Gust House. Patrick McGuire kept a store near the present place of Titeomb & Frierson's drug store. He became quite wealthy, and was the owner of a large quantity of real estate. Other hotel keepers not mentioned above were John Anderson, the father of a very prominent family well known throughout the county, and Mrs. Hocks, whose domineering over her husband is remembered to this day.
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