USA > Tennessee > History of Tennessee from the earliest time to the present : together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, V.3 > Part 4
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In 1840 a new college building 86x34 feet and four stories high was built at a cost of $6,000. At the same time a dwelling for the president was erected. These buildings were completed in 1842, and the institution under the presidency of A. A. Doak entered upon an era of greater prosperity than it had known for several years preceding. In 1850 Mr. Doak resigned the presidency, and for a short time was succeeded by Rev. E. T. Baird, but he soon resumed his old relations with the college, and continued until 1857. From this time until the war, however, the institution was financially embarrassed. In 1859 the aggregate indebtedness amounted to $4,793.24. It was then resolved to sell all the land belonging to the college with the exception of ten or twelve acres. The suc- cessor of Dr. A. A. Doak in 1857 was Rev. Samuel Hodge who held his position until the beginning of the war. Like most other institutions of the kind in the State, the college suffered much during the war in the destruction of its library and damage to the build- ings. In 1566 the buildings were repaired, and a school known as the Washington Female College was opened under the presidency of Rev. W. B. Rankin, who continued the school with more or less success until 1877. Meanwhile it had again become a mixed school, and Rev. J. E. Alexander leased the property, and continued a sort of graded school until 1883. Since that 'time the institution has been under the management of Rev. J. W. C. Willoughby, and it has regained much of its old time excellence. The present faculty is J. W. C. Willoughby, president and professor of sciences; Rev. M. A.
56
894
HISTORY OF TENNESSEE.
.
Mathes, ancient languages; John A. Wilson, mathematics and physical sciences; C. A. Mathes, principal of the preparatory department.
Washington County was laid off by an act of the Legislature of North Carolina, passed in November, 1777, and was made to include the whole of the territory afterward erected into the State of Tennessee. The first magistrates appointed were James Robertson, Val- entine Sevier, John Carter, John Sevier, Jacob Womack, Robert Lucas, Andrew Greer, John Shelby, Jr., George Russell, William Bean, Zachariah Isbell, John McNabb, Thomas Houghion, William Clark, John McMahan, Benjamin Gist, J. Chisolm, Joseph Wilson, William Cobb, Thomas Stuart. Michael Woods, Richard White, Benjamin Wilson, Charles Robertson, William MeNabb, Thomas Price and Jesse Watson. The first session of the court of pleas and quarter sessions was begun and held'on February 23, 1778. John Carter was chosen chairman; John Sevier, clerk; Valentine Sevier, sheriff; James Stu- art, surveyor; John McMahan, register; Jacob Womack, straymaster; John Carter, entry taker, and Samuel Lyle, John Gilliland, Richard Wooldridge, Emanuel Carter, William Ward, V. Dillingham and Samuel and John Smith, constables. At the next term of the court, which was held at Charles Robertson's in May following, the rates of taxation were fixed as follows:
For every one hundred &'s worth of property. 16s 8d For building a courthouse, prison and stocks. 2s 6d
For building a courthouse in Salisbury 4d
For the contingent fund of the county 1s
Total. .£1 6d
The county was then divided into seven districts, and the following magistrates appointed to makereturn of the taxable property: Benjamin Wilson, John McNabb, John Chisolm, William Bean, Michael Woods, Zachariah Isbell and Jacob Womack. The first grand jury was empaneled at this term, and was composed of the following men: Will- iam Asher, Charles Gentry, James Hollis, Amos Bird, John Nave, Arthur Cobb, John Dunham, Peter McNamee, John Patterson, Nathaniel Clark, James Wilson, Adam Wilson, Drury Goodin, Samuel Tate, Jacob Brown. David Hughes, Joseph Fowler, Robert Shurley, James Grimes, Robert Blackburn, John Clark, Hosea Stout, Andrew Burton, John Hos- kins, N. Hoskins. The greater number of the first cases which came before this court were those of loyalists, and deserters from the Continental Army, who had sought safety in these remote settlements. The intense loyalty of these pioneers to the American cause, however, made this section extremely uncomfortable for tory sympathizers. The first case in the records of the court is that of the "State vs. Zekle Brown." It was "ordered that the defendant be committed to gaol immediately, to be kept in custody until he can be conveniently delivered to a Continental Officer." Another case was that of the States. Moses Crawford, In Toryism. "It is the opinion of the court that the defendant be imprisoned during the present war with Great Britain, and the sheriff take the whole of his estate into custody, which must be valued by a jury at the next court-one-half of said estate to be kept by said sheriff for the use of the State, and the other half to be remitted to the family of the defendant." At the same time, on motion of Ephraim Dun- lap, who had been appointed State's attorney, it was ordered that Isaac Buller, be sent to the Continental Army, there to serve three years or during the war. He was soon after released upon giving bond that he would apprehend two deserters, Joshua Williams and a certain Dyer who keeps company with said Williams, "by the 20th day of September next. and deliver them to the proper authorities. At the February term, 1780, John Reding was arraigned for speaking words treasonable and inimical to the common cause of liberty." He plead not guilty and the court, after hearing the evidence, bound him over to the supe- rior court, in the sum of £20,000 continental currency. This was at a time when the con. tinental currency was at its lowest value, and the above apparently enormous sum amounted to less than $200 in specie. The following tavern rates fixed for 1781 illustrate the great depreciation of the currency: Dinner, $20; breakfast or supper. $15; corn or oats, per gallon $12; pasturage, $6; Lodging, $6: West India rum. $120 per quart: peach brandy, $80 per quart; whiskey, $48 per quart; Normandy or Tatia rum, $100 per quart.
895
WASHINGTON COUNTY.
At the November terin, 1778, the commissioners appointed to lay off the place for erecting the courthouse, prison and stocks, Jacob Womack, Jesse Walton, George Rus. sell, Joseph Wilson, Zachariah Isbell and Benjamin Gist, reported that they bad selected a site, and the following May term the court convened at that place in the first court- house erected in Tennessee. "This house was built of round logs, fresh from the adjacent forest, and was covered in the fashion of cabins of the pioneers, with clapboards." In December, 1784. the court recommended that there be a courthouse built in the following manner: "twenty-four feet square, diamond corner, and hewn down after it is built up, nine feet high between the floors, body of the above the upper floor, floors neatly laid with plank, shingles of roof to be hung with pegs, a justice's bench, a lawyer's and clerk's box, also a sheriff's box to sit in." The contract was let to John Chisolm, who was to receive for his work an amount to be fixed by two men chosen by himself, and two chosen by the commissioners appointed to superintend its erection. At the same time Alexander Greer took the contract for repairing and completing the prison upon the same terms The latter building stood on the creek opposite the present jail.
During the years 1785 and 1786, but little is known of the transactions of the court, as most of the minutes were lost in the struggle between Tipton and Sevier. It is known, however, that both county and superior courts were held at Jonesboro, under the author- ity of the Franklin government for nearly three years, although for the greater part of that time a majority of the people of the county avowed allegiance to North Carolina. It was not, however, until February, 1787, that a court of pleas and quarter sessions was established under the authority of the latter State. On the first Monday of that month John McMahon, James Stuart and Robert Allison met at the house of William Davis, on Buffalo Creek, and organized a court. George Mitchell was elected sheriff pro tem .; John Tipton, clerk pro tem., and Thomas Gourley, deputy clerk. John Tipton presented his commission as colonel of the county; Robert Love, as second major, and Peter Parki- son, David MeNabb, John Hendricks and Edward Simms as captains. The magistrates appointed from the county were John Tipton, Landon Carter, Robert Love, James Mont- gomery, John Wyer, Johu Strain, Andrew Chamberlain. Andrew Taylor, Alexander Moffitt, William Porsley, Edmund Williams and Henry Nelson.
At the May term following. Jonathan Pugh was elected sheriff, Alexander Moffitt. coroner, and Elijah Cooper. ranger. It was ordered by the court that the sheriff demand the public records of the county from John Sevier, former clerk of this court; also that he demand from the ranger his records, and that he demand the key of the jail at Jones- boro, from the former sheriff. The series of conflicts between the two parties, which followed these orders are detailed in another chapter and will not be repeated here.
In May, 178S, the Franklin government had ceased to exist, and the courts of Davis were held unmolested. At that time John Hammer, William Pursley, Robert Love and William Moore, commissioners appointed by the preceding General Assembly of North Carolina to select a sight for a prison and stocks, reported that they were of the opinion that Jonesboro was the most convenient place. From this it may be inferred that it had been the intention of the General Assembly to remove the seat of justice from Jonesboro. that place having become obnoxious on account of its adherence to Gov. Sevier. The excitement and ill feeling had somewhat subsided at this time, however, and after hear- ing the above report. the court ordered that John Nolan be paid £25 in part for complet- ing the public buildings at Jonesboro. In November, 1790, the first session of the county court under the Territorial government was held, at which time Charles Robertson. John Campbell, Edmund Williams and John Chisolm were the magistrates present. On May 16. 1796, the court was again reorganized to conform to the provisions of the State constitu- tion. The magistrates commissioned by Gov. Sevier were James Stuart, John Tipton. John Wise, John Adams. John Strain. Henry Nelson, Joseph Young, Joseph Crouch, William Nelson, Robert Blair, Jesse Payne, Isaac DePew, Charles McCray, Samuel Wood. Jacob Brown, John Alexander, Joseph Britton, John Norwood and John Gammon.
The General Assembly of North Carolina in 1782 passed an act providing for the hohl- ing of a court of oyer and terminer and general gaol delivery twice a year at Jonesboro
896
HISTORY OF TENNESSEE.
for the counties of Washington and Sullivan. Previous to this time it was necessary either to take all cases coming under the jurisdiction of the superior court of Salisbury. or to allow the crime to go unpunished, or the wrongs unredressed, an alternative in which there was but little choice.
The first term was begun August 15, 1782, by Hon. Spruce McCoy, who appointed Waightsill Avery attorney for the State, and John Sevier, clerk. John Vance. Isaac Choate and William White were convicted of horse stealing, and sentenced to be executed on the 10th of September following. This court continued to be held until the passage of the first cession act by North Carolina in June, 1784, and after the repeal of that act Wash- ington District was erected from the counties in East Tennessee and a superior court estab- lished.
There is no evidence, however, to show that this court was organized until Febru- ary 15, 1788, at which time Judge David Campbell held a superior court of law and equity at the courthouse in Washington County for the district of Washington. F. A. Ramsey was appointed clerk, and William Sharp was admitted as an attorney. At the next term Judge Samuel Spencer sat with Judge Campbell, and it was at this time that he issued the warrant for the arrest of John Sevier.
In accordance with the provision of the ordinance establishing the territory south of the Ohio River three judges of the superior court were appointed. They were David Campbell, Joseph Anderson and John McNairy, all of whom remained upon the bench until the adoption of the State constitution .* Gen. Jackson was upon the bench of the superior court from 1798 to 1804, and it was while sitting at Jonesboro that he made the famous arrest of a criminal who had defied the sheriff and his posse. This occurred at the September term, 1802. Russell Bean, a resident of the town, doubting the paternity of a child born to him, cut off its cars, thereby causing its death. A warrant was issued for him, but Bean refused to be taken, and the sheriff, Joseph Crouch, so reported to the court. Judge Jackson ordered him to summon a posse to aid him. He replied that he had summoned a certain number, but to no avail. Jackson then told him to summon the whole town if necessary, whereupon Mr. Crouch summoned his Honor, Judge Jackson. The latter arose from the bench with the exclamation that, by the eternal, he could take him single handed, and, procuring a pistol, started for Mr. Bean, and demanded his sur- render. The culprit, terrified by the determined look and flashing eye of Judge Jackson, succumbed at once without a struggle, and was taken into court. There he was con- victed, but being brought to the bar for sentence plead the "benefit of clergy," which was granted. He therefore escaped with a light sentence. He was branded upon the left thumb, and confined in the county jail for cleven months.
Another case which attracted much attention at the time, was tried in September. 1806. Mary Doherty was arraigned for the murder of her father, and being called upon to plead to the indictment "stood mute," whereupon a jury was empaneled "to inquire whether the defendant stands mute through malice or through the visitation of God." After a thorough examination the jury reported it as their opinion that Mary Doherty, the prisoner at the bar, stands mute through the visitation of God. It was thereupon ordered by the judge, that a plea of not guilty be entered and the trial proceeded. result- ing in the acquittal of the girl, who, it is said, walked out of the courtroom with a smile upon her face, and entered into conversation with her friends. The case is remarkable from the fact that she was an ignorant country girl, who had no counsel from any source. and yet she was able to deceive the court, jury, attorneys and jailor.
In 1809 the superior court was abolished, and in 1810 the circuit court was organized by Judge William Cocke, who appointed James V. Anderson as clerk. The chaucery court for Washington, Carter, Johnson and Sullivan Counties was organized at Jones- boro September 5, 1836, by Judge Thomas L. Williams, who appointed Seth J. W. Lucky clerk and master.
The first attorney admitted to practice in a court in Tennessee was Waightsill Avery, in August, 1778. At the same term, but a day or two later, Ephraim Dunlap, was elected
*A list of these and the succeeding judges may be found on page 351.
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WASHINGTON COUNTY.
state's attorney, although he had not yet been licensed by the superior court. Both of the above men continued to practice in the courts of the State for several years. Other attor- neys admitted to practice were Spruce McCoy, 1779; William Cocke, 1780; William John- son and Reuben Wood, 1784; Archibald Roane, David Allison, Joseph Hamilton, James NeNairy and James Reese, 1788; Alexander McGinty, 1787; John Rhea and Hopkins Lacy, 1790. Of these early attorneys only one or two were residents of Washington County. The first resident attorneys of prominence were John Kennedy, John A. Arken. Peter Parsons and John Blair. Kennedy came to Jonesboro from Pennsylvania soon after Tennessee was admitted as a State, and continued to live in the town until the Ocoee pur- chase was made in 1836. He was then appointed one of the deputy surveyors of that district, and moved to Bradley County. Peter Parsons was the brother of Enoch Parsons. who was a candidate for governor in 1819. He was a resident of Jonesboro for several years and afterward removed to Alabama. John Blair came to the bar about 1812, and soon gained a high reputation as a sound lawyer and an honest man. In 1823 he defeated Jobn Rhea for Congress, and for twelve consecutive years thereafter he held a scat in that body. After his retirement from office he engaged in merchandising, and also kept a hotel, which now forms part of the Washington House. Aiken was admitted to the bar about 1810, and practiced at Jonesboro until his death with the exception of a few years when he resided at Maryville. He was a man of rare eloquence, but owing to habits of intem- perance he never reached that degree of prominence to which his talents would otherwise have raised him.
Among the other attorneys resident at Jonesboro in 1833, were James V. Anderson, Mark T. Anderson, Seth J. W. Lucky, Nathaniel Kelsey, William K. Blair and Judge Thomas Emmerson. The first named was clerk of the circuit court, and was not actively engaged in the practice of law. Mark T. Anderson, his son, died soon after coming to the bar. Seth J. W. Lucky was admitted to the bar at Jonesboro about 1830, and soon became one of the leading attorneys. In 1836 he became clerk and master of the chancery court, a position he held until 1841, when he was elected by the Legislature judge of the First Judicial Circuit. He filled that position until 1854, when he was chosen chancellor to succeed Judge Thomas L. Williams. He remained upon the bench until his death, which occurred in April, 1869. He was a man of unquestioned integrity, and of high attainments, and his decisions were rarely reversed.
Judge Emmerson was a native of Virginia. He removed to Knoxville about 1800, and to Jonesboro about 1818. In 1807 he was appointed a judge of the superior court. but resigned his position during the same year. In 1818 he was made a judge of the supreme court, and so continued until 1822. After his retirement from the bench he devoted but a portion of his time to the law, having turned his attention to farming and journalism. As a lawyer he is said to have lacked the tact, energy and worldly shrewdness so necessary to success in this profession at that time.
Of the remaining attorneys of Jonesboro prior to the war, were Thomas A. R. Nelson, James W. Deaderick and William H. Maxwell. The first two are mentioned elsewhere.# Mr. Maxwell was admitted to practice about 1842, and continued at Jonesboro until about 1870, when he removed to Kansas.
At the close of the war a large number of attorneys located at Jonesboro, but many of them remained but a short time. Among them were A. J. Brown, Felix A. Reeve, William M. Grisham, J. M. Scudden, Newton Hacker, A. W. Howard, Thomas S. Smyth, N. B. Owens. Mr. Brown soon became one of the best lawyers at the bar. He remained at Jonesboro uutil 1886, when he was elected judge of the First Judicial Circuit. He then removed to Greene County. Mr. Hacker, the predecessor of Judge Brown, began practice in 1866, and the next year was chosen to the Legislature. He then served one term as attorney-general, and in August, 1886, completed his term upon the bench. He has since resumed his practice. The remaining members of the bar at Jonesboro are S. J. Kirk- patrick, for two years a member of the court of referees at Knoxville, Capt. I. E. Reeves, Col. T. H. Reeves, A. S. Deaderick, George N. Grisham, Frank Young and - Epps.
*See pages 407 and 409.
898
HISTORY OF TENNESSEE.
Of the early history of Jonesboro hut little is now known. The site of the town, as before mentioned, was selected in 1778, but from whom the land was obtained could not be ascertained. It is asserted by some citizens, that it was donated by one Jones, but there is no proof to support the statement, and it is probable that this idea arose from the name of the town, which, however, was christened Jonesboro in honor of Willie Jones, of Halifax County, N. C. It is the opinion of the writer after investigation that the original owner of the site was James Allison, who, with his brother, Robert, obtained grants to the greater portion of the land near the head of Little Limestone, and extending down that stream for a considerable distance.
In August, 1779, Robert Sevier obtained license to keep an ordinary. "at the court- house." His was doubtless the first house erected after the town was laid off. He was killed at King's Mountain the following year, and in 1781 James Allison and Richard Min- ton were each licensed to keep an ordinary, as was also Robert Middleton in 1752. In fact, for the first four or five years at least, the town, if such it may be called, consisted of little else than the public buildings, and two or three ordinaries, which in addition to affording food and lodging to travelers, also furnished liquor and a few of the staple articles of merchandise. But Jonesboro soon became the center of political influence for the territory west of the mountains. For the first five years it was the seat of justice for all this region, and subsequently for many years was the place at which the superior courts for the district of Washington were held. In August, 1784, the first Franklin con- vention was held there, and was followed by the second in November. In March, 1785, the first Legislative Assembly in what is now Tennessee met in Jonesboro, but subse- quent proceedings were held at Greeneville, which then became the capital of the State of Franklin.
Besides the persons mentioned other early residents of the town were A. Caldwell. Thomas Rutherford. Francis Baker, George House, James Reed, John Brown, Dr Will. jam P. Chester and David Deaderick, all of whom located prior to 1800. Mr. Deaderick is said to have been the first merchant of Jonesboro, having located there as early as 1758 or 1789. He was the leading business man of the town, from that time until his death. a period of over thirty years. He is yet remembered by the oldest residents as a useful citizen, and an honest, upright, Christian gentleman. He was the father of ex-Chief Justice Deaderick.
In 1794 a new courthouse was built, and James Stuart, David Deaderick, Samuel May, Sr., John Johnston, John Sevier, Sr., William Lovely and James Carmichael were appointed to superintend its construction. This house was log, built two stories high, with the courtroom above, reached by a double flight of steps on the outside. The lower story was fitted up and used, for a time at least, as a jail. This building stood nearly upon the site of the present courthouse. It was used until 1820, when it was torn down and a brick building erected. The commissioners appointed to superintend this work were John McAllister, David Deaderick, John Chester, John Kennedy and John G. Eason.
The residents of Jonesboro in 1815, as remembered by Gen. A. E. Jackson, then a small boy, were James V. Anderson, clerk of the circuit court and cashier of the first bank of Tennessee, a branch of which was located in Jonesboro; Matthew Aiken, & hatter; John C. Harris. an early school teacher, and for many years trustee of the county; Dr. James R. Isbell, who subsequently removed to Greeneville; David G. Vance. the leading hotel keeper of the town from about 1800 to 1819; William K. Vance a saddler; Thomas Whitson, a shoemaker; Edward Mackin, a tanner; Montgomery Stuart, a farmer: John Kennedy and John Blair, attorneys; John McAllister, David Deaderick and Adam McKee, merchants; John Chester, a farmer, who lived where the Planters' Hotel now is, and William P. Chester, a physician.
On the 30th of April, was issued the first paper ever established in America for the sole purpose of advocating the abolition of slavery. It was edited and published by Elibu Embree, but printed at the office of the East Tennessee Patriot. a paper which had been established a short time before by Jacob Howard, a printer from Baltimore. Mr.
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WASHINGTON COUNTY.
Embree was one of two brothers, Elijah and Elihu Embree, who at that time were oper- ating extensive iron works in Sullivan County. He died on December 4, 1820, and the paper was discontinued to be revived about two years later at Greeneville. How long the Patriot was continued is not known, but it is thought to have been for some eight or ten years. In November, 1832, Judge Thomas Emmerson and S. J. W. Lucky established the Washington Republican and Farmer's Journal, a radical anti-Jackson sheet which, during the campaign of 1836, ardently supported Hugh L. White for the presidency. About 1835 Mr. Lucky withdrew from the paper, and Judge Emmerson continued its publication until March 1837, when he sold it to Mason R. Lyon, who changed the name to the Washington Republican and Advertiser. About the time the paper was established Judge Emmerson also began the publication of a monthly agricultural journal, known as the Tennessee Farmer, which he continued until his death, in 1837. It was then published for a time by his son and J. F. Deaderick. In 1836 Judge Emmerson published a directory of his patrons in the town, which included nearly all of the professional men, with the exception of the attorney and mechanics. It was as follows: Physicians, S. B. Cunning- ham and J. E. Cosson; merchants, John G. Eason, Greenway & Sackett, J. and W. Blair, James H. Jones, John Keys & Co. and A. Anderson; cabinet-makers, Jeremiah Boyd and Hosea Henshaw; hatters, L. A. Markwood and Joseph McLin; saddlers, James Brown and John McCorkle; shoemaker, John B. Estes; tanners, S. G. Chester, Michael Clem and R. J. West; carpenters, Jesse M. Thompson and Henry Stephenson; masou, John Damson; blacksmith, A. G. Mason; silversmith, Wilton Atkinson; tavern keepers, Michael Clem and Thomas Stuart. About 1839 the brick courthouse was burnt and Stuart's tavern, which stood a little to the west of it, was purchased by the county. This was occupied by the courts some seven or eight years, when the present courthouse was completed.
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