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 28
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 28
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 28
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 28
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 28
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 28
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From official information it is learned that the railroad business alone at Murfreesboro amounts to $30.000 in passenger traffic and $50,000 annually in freight, with about $5,000 ad- ditional at Lavergne, Florence, Christiana and Fosterville. Of 10,000 or 12,000 bales of cotton raised in the county 6,000 or 7,000 are shipped by rail, and in addition there are shipped 1,000 car loads of cedar lumber, 200 of hogs, 100 of horses and mules, 50 of cattle, 100 of wheat, 200 car loads of other grains and 500 car loads of miscellaneous freight.
The first court in Rutherford County met at the house of Thomas Rucker January 3. 1804, this being the first Monday. The "commissioners of the peace" were Col. John Thompson, Peter Legrand, Thomas Rucker, John Howell, Charles Ready and John Hill, to whom the oath of office was administered by William Nash, till this time a resident of Davidson County. The first act of the court was the appointment of Samuel McBride, sheriff, who gave bond in the sum of $12.000. and Joseph Herndon was inade clerk. Will- iam Mitchell was appointed register; John Howell, ranger, and Joseph Boyer, John An- thony, W. Ramsey and William Martin, constables. Thomas Overton and John H. Bowen were admitted as attorneys. The sheriff returned the first grand jury as follows: Alex McCulloch, foreman: Henry Davis. George Ransom, J. M. Wright, Sr., Joe Nichols, Samuel Campbell, Daniel Williams, William Felton, Samuel Wilson, Thomas Nelson, James Whit- sett, J. Clark, James Lindsey, William Gammel. John Smith, John Kimbro, Simon Miller, Mark Mitchell, John Sullivan, Robert Smith, C. Harmon, Thomas Mitchell. James Mc- Gahah, James Hill and James Oliphant. At the close of the first quarter session the court adjourned to meet in April at the "forks of Stone River." At this court Bennett H. Henderson was admitted as an attorney, and Parry W. Humphreys was made solicitor for the county. The court continued to meet at the forks of Stone River (Jefferson) till January, 1805, when the first session of that year was held at the house of Simon Miller, situated about five miles north of Murfreesboro. At this court there were present the "Worshipful" Thomas Rucker, John Howell, John Hill and Thomas Thompson. This court appointed Robert T. N. Smith, revenue collector, who reported forty-six bodies of land subject to double taxation from failure to report the same for taxation; these bodies of land varied in size from 100 to 3,000 acres. The July term of court again met at the forks of Stone River in 1805. The court fined C. Dement $1 for "contemptuous behavior of court," also the first ad quad damnum suit was tried. This suit was brought by Henry Gilliam against Lewis Anthony, who had erected a mill-dam on Stone River, but twelve "good and lawful men" said that Gilliam was entitled to no damage. Pending the erection
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HISTORY OF TENNESSEE.
of the court house at Jefferson, which had been selected as a county seat, the court met from this time till April, 1806, at Nimrod Menifee's, near the National Cemetery; while at Menifee's Rucker, Thompson and Ready held court. This court allowed Samuel McBride $40 for services as sheriff, Herndon $50 as clerk, and Bowen $30 as solicitor for 1804. In April, 1806, court again met at Jefferson in the court house. Jolin M. Taylor and Eli Talbot were admitted as counsellors at law at this term, and Parry W. Humphreys was made solicitor for the county at a salary of $30 per annum.
On his resignation, in 1805, Peter Brooker was appointed to fill the same office. The court allowed Joseph Henson the privilege of building a grist-mill on the east fork of Stone River. James Hamilton was fined by this court for beating E. Grady. John H. Bowen was made a solicitor for the year 1808. Abel Russel was fined $50 for slandering William Hamilton, and Peter Legrand got $10 for an assault upon Peter Anderson. Thomas Rucker received a $600-judgment against Col. Edward Bradford for false impris- onment. The case grew out of some supposed misdemeanor on the part of Rucker at a militia drill, in which he incurred the displeasure of Bradford, who ordered Rucker's neck placed between two rails of a fence and he was kept there to await the pleasure of the Colonel. On his release he brought suit against Bradford for false imprisonment with the above judgment. Soon after both became members of the Baptist Church, and as brothers the debt was forgiven. William Bowen was fined $5 for an assault upon Bird Hurst, and Samuel Rogers $92 for a like offense against William Collier, and in a counter suit Collier received a judgment of $375 against Rogers for slander. David Ferguson was assessed 25 cents for slandering J. P. H. Lemon, and the court, that it might not be too severe on Ferguson, divided costs between plaintiff and defendant. Henry Davis was fined 61 cents for beating John Thompson "contrary to the form and statutes made and provided." William Edwards was assessed $7 for a like assault upon John Barker. In the court at Jefferson William B. Robinson, Henry Minor and Thomas H. Benton were admitted to the bar. The latter is said to have pleaded his first case at Jefferson. He was at this time a resident of Franklin, Williamson County. He represented Rutherford and Williamson in the State Senate in 1809. His record as a statesman and senator from Missouri for thirty years is well known.
In 1807 Felix Grundy was admitted as an attorney. He was a noted criminal lawyer, and was well known in political circles. He was a member of the Legislature while at this place, and was for many years a United States senator from this State. Bennet Smith was made cotton inspector in 1807, and in 1808 he became solicitor for the county, which position he held for a number of years. He is said to have been a man somewhat eccentric in his ways, a man of strong likes and bitter dislikes. He was a lawyer, farmer and financier.
The development of the county demanded a higher court. By an act of the Legisla- ture Rutherford was made a part of the Fourth Judicial District, and the Hon. Thomas Stuart, nicknamed "old sorrel," was qualified for the position as judge January 2, 1810; John Coffee was made clerk, and Alfred Balch, solicitor-general. Each held his commis- sion from Gov. Willie Blount. Each of the above became well known in the county. The first grand jury impaneled by the circuit court consisted of J. L. Armstrong, foreman; John Hill, John Smith, Joe Morton, James McKnight, L. Davis, John Wallace, A. McCul- loch, John N. Reed, E. B. McCoy, Joseph Barton, Charles Ready and Peter Legrand. The first regular jury was composed of Hans Hamilton, John Sharp, Allen Hill, Joseph Dickson, Thomas Hubbard, J. L. Jetton, James Whitsett, J. Rucker, Rob McComb, George Brandon, William Nash and Daniel Marshall. It was in this court that case wherein -- was plaintiff and - - defendant, the point in dispute being a hide taken to the tan-yard, the amount involved at the time being about $2.50. It was con- tinued in court till cost amounted in all to about $3,000. At the first quarter sessions in 1813. Ezekiel McCoy, Daniel Bowman, J. S. Jetton, Fred Barfield and S. Jetton, "Wor- shipful Justices Esquires" were present.
A negro named "Jess " was found guilty of "house breaking" on the property of E.
821
RUTHERFORD COUNTY.
Ward, and was sentenced to execution September 3, 1813. He was sent to Nashville to await the day of execution. This was duly carried out at the appointed time. According to the superstition of the time bits of the hangman's rope were in great demand as a talis. man against many ills that human flesh was heir to. The October term of court allowed Mathew McClanahan $20 for his services on the above occasion, and William Neugent, James Miller and William Knight were each allowed $2 as guards for the prisoner; and Samuel Williams. A. Miller and James Lowell were each allowed 50 cents as witness fees.
As a reminder of old times Samuel Richardson was allowed $8 for wolf scalps, and Joseph Welton $3 for one scalp. At the October term of 1813 to facilitate business the justices were divided into four divisions as follows: The first year was composed of Will- liam Nash, Moses Bellah, Solomon Beesley, George Weton, J. S. JJetton, Thomas Berry, David Allen, John Tutton, James Whiteside, John Edwards, J. D. Irwin, James Gilles- pie and William Lock; the second, Fred Barfield, Robert Bedford, Hugh Robinson, Will- iam Mankin, A. M. Erwin, J. Millford, Thomas Hoover, J. Smith, J. L. Ambrose, W. H. Davis, Owen Edwards, T. A. Cannon; the third, John Hill, John Henderson, Thomas Nash, John Miller, Sam Campbell, Henry Goodloe, John Dickson, Rob Wannick, E. B. McCoy, George Simpson. Rob MeCombs and James McKnight; the fourth, W. W. Sear- sey, Abe Johns, H. M. Henderson, Jacob Knight, John Barter, L. Davis, Dan Bowman, G. W. Banton, H. Hamilton, W. Edwards, J. S. Jetton and James Sharp. In a suit of the State against Samuel Wilson for an offense against its dignity, Wilson was fined the sum of 1 cent. Thomas Wilson was arraigned for petit larceny, "whereupon Thomas threw himself upon the country and the attorney prosecuting did the like;" then came a jury vf "good and lawful men" as follows: Mathew Hirst, William Stokes, John Johns, Larken Johnston, Samuel Kilbro, James Devore, James Cantheron, John Williams, John Hill, Thomas Harris and Samuel Mallery, who, being tried on their oaths, said the defendant was guilty, and affixed his punishment at ten days in the common jail, and that he should be taken to the Public Square and there receive one lash upon the bare back. The " gaol" not being considered safe he was taken to Nashville for imprisonment. Black- man Coleman was allowed $40 for taking the tax list and Bennet Smith $50 as solicitor for 1813. In 1814 Daniel Sullivan was fined $5 for failing to obey a scire facias, also $5 for gaming, and Joseph Young received $5 for contempt of court. John Lowery and J. W. Peak received $1 each for forfeiture of recognizance. James Caruthers was allowed $29.75 for taking Thomas Wilson to the Nashville "gaol." A. Sharp was fined $245 for seduction, and William Blair $250 for a like offense. October 15, 1815, Alexander Patter- son was fined $10 for petit larceny, and in addition received ten lashes upon the bare back at the whipping post on the Public Square, and was sent to jail till the fine was paid. John Foss, V. Robertson, Thomas Noelard, Elizabeth Balle and M. Martin, by throwing themselves upon the "grace and mercy" of the court were each fined 1 cent. In 1818 M. Battin was placed in the scales of justice and was found wanting to the extent of 62 ponts for neglect of duty as overseer of the road. P. Wilson and N. T. Perkins were each given nominal fines for tilts at vi et armis. James Maxwell was indicted for the murder of Caleb Hewett, and was fined, but was released on taking the "insolvent debt- or's oath."
At the June term of court in 1818 it was ordered, first, that witnesses shall be questioned by one lawyer on a side only; second, that questions for continuance shall be argued by one attorney alone on a side: third, sheriffs shall have jurymen ready for those accused; fourth, no motion on appeals should be heard unless made. In 1813 the court ordered B. Coleman to have a county seal made, which was executed by Benjamin Liddon, for which the court allowed $10.
In 1819 a man named Thurman was tried for horse stealing and found guilty, and . according to the law and custom of the time was condemned to be executed. The day was set and the time arrived. The prisoner was seated on his own coffin and driven in a cart to the place of execution, near where Soule's College now stands. People thronged the place, the Rev. Dr. Henderson delivered the funeral sermon, and pointed out the ovils
i
822
HISTORY OF TENNESSEE.
of a sinful life: the hands were pinioned, and the sheriff, U. S. Cummins, was about adjusting the noose when Daniel Graham, secretary of state, appeared and stayed the proceedings by reading to the Sheriff a reprieve for the prisoner who was remanded to jail.
In 1821 began a series of snits between the Nashville Branch Bank and Benjamin Tratt, et al., which continued in court several years. In 1824 John Bishop was arraigned for petit lar- ceny, and the jury, Simpson Harris, Hugh Porter. James Covington, George Moore, Will- iam North, D. M. Jarnett. William Bynum, W. Anderson, W. Maury, A. Blackman and E Wood. found him guilty, and fixed his punishment at ten days in jail and five lashes upon the bare back. This observation may not be out of place here: At this time there was no penitentiary in the State. Punishment was inflicted by standing in stocks, by the whip- ping-post, the branding-iron, imprisonment in jail and sometimes by clipping the ear. Persons were made infamous by branding the mark indicating the crime of the guilty one. as "T" for thief. "M" for murder. These punishments were not inflicted as marks of brutality by the court, but were looked upon as marks of justice inflicted, and while the lash was being applied to the quivering muscles and the scathing branding-iron to the quivering flesh, the court could cooly proceed with business.
In 1823 R. E. Green was fined $5 for assault and battery; David Thompson, 1 cent. official negligence as road overseer: Henry Bedford and William Leech each got 1 cent for riot. In 1831 Spencer Hazlett was fined $5 for assault and battery; W. Featherston, $5, and P. Featherston 1 cent, for similar offenses. R. Ramsey was fined $2 and three months in jail for " malicious mischief." S. R. McLaughlin turned into the treasury $800 as back taxes for 1823-24. In 1833 H. D. Thompson, William McKey, Samuel Patterson and Joseph Cheatham were each fined $5 for "presentments for gaming," Besides those already mentioned the following attorneys had been admitted to the bar: Thomas Over- ton, F. H. Jolins, Jesse Wheaton. B. H. Henderson, R. S. Caruthers, Rob Hawkins, R. M. Bute, H. C. Whiteside, D. W. Dickman, E. A. Keeble and Alfred Johns. The most of these men became well-known attorneys. "Malicious mischief," affrays, extortion were common offenses at this time. Twelve "good and lawful men" ordered the sheriff to in- flict a punishment of twenty lashes upon the bare back of Isaiah Lester for petit larcery. On January 15, 1827, the death of Jucige John Haywood was ordered spread upon record, and each member of the bar was requested to wear crape upon the left arm for a period of thirty days.
John W. Childress was appointed attorney-general, pro tem., for the year 1821. Indictments for riot were found against Samuel Green, Samuel Wilson, Moses Baum and Thomas Baum, and a fine of $10 was assessed against each, while William Hicks and Thomas Alexander were each fined nominal sums for keeping "tippling houses." Again in 1827-28, punishments by whipping were inflicted-one of thirty lashes upon Henry Adams, and one of five lashes and three days' imprisonment upon Willis Cooper. In 1829 a case was tried in the Rutherford Circuit Court, known as the "Harding Case," brought from Maury County on a change of venue. This was something of a family quarrel, in which two parties were killed, and a father and son were tried as accessories to the crime alleged to have been committed by two sons who had fled the country. The prominence of the families made the case an exciting one. After an exciting trial of some time the defendants were acquitted. -
A further division of the labors of the county court was made in 1836 by the estab - lishment of the chancery court. Judge L. M. Bramblet was elected first chancellor. He served with credit to himself and the county from 1836 to 1842. Bramblet was succeeded on the bench as chancellor, in 1842, by Judge B. L. Ridley, who served with credit and marked ability till the court was suspended by the war. Judge Ridley was a man of moral as well as personal courage, and when the war came up he entered the service. After the close of the war be resumed the practice of law, which he continued till his death. In 1838 a negro namned " Charles" was arrested for rape. The evidence was wholly circum- stantial but seemed pretty clear, and on the strength he was tried, convicted and executed. There was astrong suspicion at the time that he was not the guilty party. Later a negro
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823
RUTHERFORD COUNTY.
was executed in Mississippi for a similar crime, and while under sentence of death owned to have committed the crime in Rutherford for which Charles was hanged.
Another subdivision in matters of litigation was made by the establishment of a crim înal court. This was done in 1846. The district of this court included Davidson and Rutherford Counties-being the same as now. The Hon. William K. Turner, of Nash . ville, was made judge of this court. He held the office from the formation of the court until the court was discontinued on account of the war. Judge Turner is described as a man firm, earnest, clear, prompt and sound in his decisions, but plain and easy in manner.
In 1848 Sarah, a slave, was executed by order of the court. This was done by the sheriff, J. M. Thompson, for which the court allowed him the sum of $12.50; other allow- ances, for grave, coffin and gallows, amounted to a total of $26.25. A destruction of all the circuit and criminal court records during the war renders a detailed account of the transactions of these courts impossible.
The county court was partially reorganized in June. 1864, while under control of the military authorities. But little work was done by this court. The criminal court was reorganized at the July term. 1864; the Hon. T. N. Frazier was made judge and M. L. Fletcher, clerk. Owing to the occupation of the court house for other purposes, the court first met in the Odd Fellows' ball, but afterward moved to the Masonic hall. The results .of the war brought a new feature into the courts, i. e .: "State rs. col., Hog Stealing, etc." The chancery court was reorganized at this time: Judge J. P. Steele pre- siding, with J. M. Tompkins. clerk and master. On the death of the Hon. Charles Ready, who had been prominent before the public for fifty-three years, the entire bar attended his funeral in a body. J. M. Avent and W. H. Washington were appointed a committee to report the memorial of his death to the criminal court: Gen. J. B. Palmer, E. H. Ewing and - Burton, to the supreme court; H. P. Keeble and B. L. Rielley, to the county court: J. L. Cannon and G. S. Ridley, to the circuit court; J. D. Richardson and J. M. Childress, to the chancery court.
A personal mention of each member of the bar or judge on the bench will not be made; but be this said, the Rutherford County Courts, in all their branches, have been characterized, from the beginning to the present. by men of culture, ability and refine- ment. The highest judicial seat nor the presidential chair have not been too high to be reached either by her native or adopted sons. Neither the halls of Congress nor the ju- ·dicial ermine have ever been disgraced by one of her children.
Many of the old Revolutionary soldiers settled in Rutherford County after the admis- sion of Tennessee into the Union, on grants from the State of North Carolina. Among them may be mentioned the Gilbraiths, Grants, Halls, Hills, Murfrees, Hubbards. Joneses, Rutledges and others. Many of them became pensioners after the passage of the act of Congress, of 1832, for their relief. In the Creek war of 1812-14, related elsewhere, a large number of troops went from Rutherford County, although it is believed no regu- larly organized company was sent. Col. Henderson, who is accredited to this county, was killed in a skirmish near the city of New Orleans. In the second Seminole war, which broke out in 1836, Rutherford County furnished two companies, Capt. Yoakum's and Rob- -ert Jetton's. These men enlisted under the call for 2,500 men to serve six months. These men were attached to the Second Regiment, which was organized at Fayetteville, about June 16, 1836, by electing William Trousdale, colonel: J. C. Guild, lieutenant-colonel. Joseph Meadows, first major; William Washington, second major. These two regiments were formed into a brigade, of which Robert Armstrong was elected brigadier-general. The troops left Fayetteville, the place of rendezvous, on July 4, and proceeded direct to -Columbus, Ga. The history of this expedition is given under the second Seminole war. In 1846, on the outbreak of the Mexican war, great numbers offered their services to the State and Government. Two political companies from Rutherford tendered their services at once, the one commanded by Capt. Mitchell, called the Spring Blues, and the other by Capt. Childress. The latter only was accepted. These men were not accepted till the :second call, and consequently did not see very active service.
824
HISTORY OF TENNESSEE.
The sentiment of Rutherford was strongly opposed to secession or separation till the. climax of the political issues was reached, when the people slowly yielded, and in time- became earnest supporters of the Confederate Government. The first regiment raised in this county for the Confederate service was the Second Tenneesce Infantry. The regi- ment was composed of ten companies, averaging 120 men each; two of these companies, 1 and F, were from Rutherford County. The captains of Company A were S. N. White, John A. Butler, Thomas G. Butler and James T. C. MeKnight. The captains of company F were Thomas D. White, W. D. Robinson and William H. Newmau. At its first or- ganization William B. Bate was chosen colonel; David L. Goodall, lieutenant-colonel; William R. Doak, major. The regiment was organized at Nashville, May 5, and was or- dered to Virginia. It was mustered into the Confederate service May 12, at Lynchburg, by Gen. E. Kirby Smith. The field and staff officers were W. B. Bate and W. D. Robin- son, colonels; D. L. Goodall and John A. Butler, lieutenant-colonels; William R. Doak, major; T. J. Kennedy and Alexander Erskine, surgeons; J. H. Erskine and T. L. B. Brown, assistant surgeons: Joseph Cross and G. T. Henderson, chaplains: M. W. Cluskey and W. H. Rhea, quartermasters: W. T. Driver and W. J. Hale, adjutants. The com- plete account of this regiment is given in the State history.
The credit of raising the Eighteenth Regiment is due largely to Gen. J. B. Palmer, of Murfreesboro. At the outbreak of hostilities Maj. Palmer, as he was then called, was engaged in the practice of law at Murfreesboro, and was a man very much opposed to. secession, a doctrine which he opposed with all his force and logic. He said, however, if the worst came to the worst he was with his native State The determination of Maj. Palmer to volunteer led vast numbers of his neighbors and companions to enlist with him. The following companies were raised, principally in Rutherford County: Maj. Palmer's own company, B. G. Woods' company and B. F. Webb's company. The history of this. regiment is best told in the language of Gen. Palmer himself. The regiment was organ- ized on the 11th of June, 1861, at Camp Trousdale, Tennessee, by the election of J. B. Palmer colonel. A. G. Carden, lieutenant-colonel, S. W. Davis, major. It contained ten companies, commanded respectively by Capts. M. R. Rushing. J. W. Roscoe, William R. Butler, H. J. St. John, G. H. Lowe, B. F. Webb, J. B. Matthews, B. G. Woods, A. G. Carden and W. J. Grayson. Col. Palmer's staff consisted of R. P. Crockett, quarter- master, with rank of captain; Thomas Wood, commissary, with same rank; Dr. John Pat- terson, surgeon; J. W. Gowan, assistant surgeon; James W. Roscoe, adjutant, with the- rank of first lieutenant; James S. Baxter, sergeant-major. The first battle in which the regiment participated was at Fort Donelson, where after much suffering, hard and gal- laut fighting, it, with the garrison and army under command of Gen. Floyd, was cap- tured on February 16, 1862. Col. Palmer and other field officers were imprisoned at Fort Warren, Boston Harbor. The staff and company officers were confined at Johnson's. Island, Lake Eric, and the privates at Camp Douglas, Illinois. All the men and officers were exchanged in September, 1862, when the regiment was reorganized by an act of the Confederate Congress. J. B. Palmer was again elected colonel; W. B. Butler, lieutenant- colonel; W. H. Joyner, major; John W. Douglas, adjutant. This reorganization took place September 26. 1862, at Jackson, Miss. This regiment from the beginning to the close- of the war belonged to the famous command known at part of the time as Brown's, and subsequently as Palmer's brigade; by its latter name it was surrendered at Goldsboro, N. C., May 2, 1865, on the terms agreed upon by Gens. Joe E. Johnston and William T. Sherman. As a regiment, it was commanded by its first colonel, Palmner, till his promo- tion to the rank of brigadier-general in 1864. The Eighteenth participated in the great battles of Fort Donelson, Murfreesboro (Stone's River), Chickamauga, Lookout Moun- tain and Missionary Ridge. It participated in all the engagements in the Atlanta cam" paign. It made the campaign into Tennessee after the fall of Atlanta, doing active ser- vice at all points. After the defeat of Gen. John B. Hood before Nashville, this was one of the regiments of Palmer's brigade which, with other choice troops, covered Hood's. retreat from Middle Tennessee across the Tennessee River. This rear guard was under
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