USA > Virginia > Albemarle County > Albemarle County > Albemarle County in Virginia; giving some account of what it was by nature, of what it was made by man, and of some of the men who made it > Part 7
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About the same time the present Lynchburg Road was opened. The Legislature passed an act, granting permis - sion to the counties of Amherst, Nelson and Albemarle, to co· operate in the construction of a road from Lynchburg to Charlottesville, each county to make the road within its own bounds. Amherst declined to engage in the work, but at the request of the Albemarle Court reconsidered its action, and decided to join forces with the other counties. John Pryor surveyed the route, and William Garland made the roadbed
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in Albemarle. Advantage was taken of country roads already existing, but the line was then first run by way of the old Sud- darth Mill, and the Cross Roads, and on the old Wheeler Road down Moore's Creek, instead of the east side of Dud- ley's Mountain.
The Harrisonburg and Charlottesville Turnpike was laid out shortly after. Col. T. J. Randolph, Alexander Garrett and Achilles Broadhead, Surveyor of the county, were ap- pointed to determine its course, Dr. Gilly M. Lewis recording his protest against its construction. It crossed the Blue Ridge at Swift Run Gap, entered the county at Nortonsville, fell into the Buck Mountain Road west of Earlysville, ran from Colonel Bowcock's to Rio Mills, ascended the hill south of the river by the present easy grade, and continued by way of Rio Station and Cochran's Mill to town.
Many efforts were put forth about the same time to build a turnpike from Scottsville to Rock Spring in Nelson, and thence to the head waters of Rockfish River ; but the project was never consummated.
The first bridges, built within the present county, were undoubtedly those over the main Hardware at Carter's Bridge, and over its north fork, just above its junction with the south fork. That river was the largest stream between the old Court House and the greater part of the northern sec- tion of the county ; and the north fork, besides being crossed by one of the great highways to the county seat, was passed by many to reach Carter's Mill, one of the first erected in the newly-settled country. Owing to the loss of the records, no account exists of the original building of these bridges; but when rebuilt towards the close of the last century, it is recited that there had been one-and in all likelihood more than one-before, at each of those places. Both have since been often renewed, not so much because of use and decay, as because of the freshets, which from time to time have swept down from the mountains with terrible violence.
A great flood in James River and its branches occurred in 1771, so remarkable for its enormous and wide-spread destruction as to become the special occasion of action by the
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Legislature that year; and in an application Mr. Jefferson made for a writ of ad quod damnum in order to erect his mill at Shadwell in 1795, he states that the former one had been carried off by the flood of 1771. It is presumable the Hard - ware bridges met the same fate. Certainly Carter's Bridge was rebuilt in the years 1795, 1800, 1812, 1859, and 1876. Inasmuch as these improvements are one of the chief signs of civilization, and are so indispensable to the convenience and prosperity of communities, experience teaches that it is true economy to build them substantially, and put them beyond the reach of all contingencies, in the first instance. In such cases it is better to spend more once, than less often.
The first bridge over Moore's Creek was erected in 1798, and it would seem its location was on the old Lynchburg Road. In 1801 another was built over the same stream, apparently on the Monticello Road. As far as appears, there was no structure of the kind near Meriwether's Mill, now Hartman's, till 1848.
The same Legislature which established the town of Char- lottesville, passed an act authorizing any person to erect a bridge over the Rivanna near that town, and as a remunera - tion allowing him to take tolls, the reason assigned being that the river was often rendered impassable by freshets; but no one availed himself of the permission. For many years the passage of the stream was made either at the Secretary's Ford, or near the Free Bridge by what was known according to the amount of water as Moore's Ford, or Lewis's Ferry. It was not until 1801 that the County Court took the matter in hand. They then passed an order that George Divers, Thomas M. Randolph, John Watson, Nimrod Bramham, Joshua Key and Achilles Douglass should let the erection of a bridge at the latter point, the cost not to exceed two thou- sand dollars. Against this action Thomas Garth entered his protest. Since that time it has been rebuilt in 1831, 1846, 1865 and 1870. It stood safe in the flood of 1877, but the causeway on the western side with its stone retaining walls was washed away, and the wooden approach on trestles which still remains, was then constructed.
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A bridge was built at the Woolen Mills in 1825 by Wil - liam H. Meriwether. Being on the line of the Three Notched Road, the main thoroughfare through the county, it was at once a great convenience and a desirable means of safety. Some four or five years before in the month of May, a wagon and six horses belonging to a Mr. Collins, of Augusta County, in attempting to cross the river at the Secretary's Ford on their return from Richmond, were swept down and lost, the driver making his escape with the greatest difficulty. It was most likely in consequence of this disaster, and the constant threatening of others, that Col. T. J. Randolph soon after sought the establishment of a ferry at that point. Meriwether's Bridge obviated such perils, and proved a sig- nal benefit to the community for something like twenty years. In 1843 the County Court was compelled to make some pro- vision by reason of the Free Bridge having been destroyed, and deliberated whether to rebuild, or purchase the Meri- wether Bridge. They adopted the former alternative. In the course of a year or two Meriwether sold his bridge to Thomas Farish, and shortly after it was swept away by a flood.
The bridge over the south fork of the Rivanna near Rio Mills was first erected in 1836. Those Mills had a few years before been built by William H. Meriwether, and in 1833 the Harrisonburg Turnpike had been located to cross the river at that place. These were beyond question the constraining reasons for the erection of the bridge. Previously the stream had been passed from time immemorial at two fords near by, one called Carr's Ford, and the other the Island Ford. Rio Bridge has been built twice since, in 1860 and 1865. The latter year G. F. Thompson and M. S. Gleason obtained the contract for replacing it for nineteen hundred dollars, and the Free Bridge also for twenty-six hundred and sixty.
The first bridge across the Rockfish at Howardsville seems to have been erected in 1839. Prior to that time the river had been crossed at the neighboring fords.
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CHAPTER IV.
The County Court continued to supervise the affairs, and guard the interests, committed to its trust. In 1783 James Stowers for stealing a horse from Joseph Chapman was examined and sent on to Richmond, where at that time all felonies were tried. John Mullins, son of William, was acquitted of burglary, but sent on for stealing leather from the tan vats of John Watson, of Hightop. Crimes of every class perpetrated by negroes, were entirely under the juris- diction of this Court. Sam, a slave of James Kerr, for attempting to assault a daughter of David Humphreys, was punished with thirty-nine lashes; the same day however he was cleared of stealing fifty pounds in specie from his mas- ter's desk. Ben, a slave of Charles Rodes, was burnt in the hand for poisoning James, a slave of Thomas Smith, under pretence of giving him medicine.
Not only did it punish evil doers, but it interposed in behalf of the weak and oppressed. Daniel Dunavan, a serv- ant of James Lewis, probably a redemptioner, made complaint that his master furnished him with insuffi- cient food and raiment. It promptly required security that suitable provision should be made in future. George Bruce, the jailor, charged Richard Woods with compelling his boy Tom, an orphan child, to wear a collar ; it at once ordered the degrading appendage to be removed. It especially exer- cised a judicious care over apprentices, protecting them from improper treatment, yet refusing to lend an ear to groundless representations. Samuel Burch was summoned to show cause why his apprentice, Abraham Gaulding, should not be discharged from his service, and William D. Hunt why Fielding and William Starke should not have their bonds cancelled. When James Robinson sought to obtain the release of his sons Matthew and Moses as appren- tices of Bartlett Dedman, it decided there was no just reason
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for interference in the case. In like manner Newberry, son of Thomas Stockton, was continued under the charge of his master, Nathaniel Landcraft.
The Court likewise vindicated its own dignity, and strictly quelled the bold spirit of insubordination that sometimes displayed itself. Martin Marshall for profane swearing in open court was fiued five shillings, and William Thurmond for the same offence committed twice was fined and placed under bonds. Daniel Thacker was bound over for making an affray, and breaking the peace in the presence of the court. A fine of eight dollars was imposed on William Alcock for refusing in open court to serve as a juror.
The first instance of capital punishment that appears in the records, occurred at the beginning of the century. Aaron, a slave of Hugh Rice Morris, for breaking into the store of Philip Moore, and stealing seven sides of leather, was condemned to be hanged on the second Friday of February, 1801. Though this punishment seems severe, yet forcibly entering any building on the curtilage, especially at night, was always viewed with jealous sternness. Aaron too was an old offender, having been previously convicted and punished for breaking into the lumber room of Andrew Hart. In this case he had the advantage of being defended, the Court appointing James Brooks as his counsel.
An event of pathetic and tragical interest happened some - time in 1802 or 1803; and it is specially remarkable, as it fur- nished the only case in which a white man has ever been judicially hanged in the history of the county. James Hop- kins was the son of Dr. Arthur Hopkins, who was one of the earliest and largest landholders in Albemarle. He was a man of fine education and considerable wealth. Making choice of his father's profession, he travelled abroad and studied medicine in the University of Edinburgh. On his return to this country, he settled in what is now Nelson County under the shadow of Sugar Loaf Mountain, where for many years he was occupied with an extensive practice. He was possessed not only of great learning, but also of great piety. He had an only child, a daughter, who was married
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to a Captain Richard Pollard. One evening while the doctor was kneeling in the act of conducting family worship, he was shot through a window of the room, and died in the course of an hour. After a careful measurement of tracks made in the snow by the shoes of the guilty person, a man named Lewis McWane was arrested for the crime, examined by the Amherst County Court, and sent ou for trial in the District Court of Charlottesville. In due time he was con- victed and executed at that place. On the scaffold he denied having performed the deed. He avowed that he had been employed by Pollard to commit the murder, and had approached the window of the house for that purpose, but when he saw the old man kneeling in prayer, his heart failed him, and he returned to Pollard a short distance off, and de- clared he could not perpetrate the act ; that Pollard, after forc- ing him to exchange shoes, went to the window and shot his father-in-law with his own hand; and that his motive in desir- ing his death was to prevent him from making a will, having in some way formed the impression that he was to be excluded from all interest and control in the estate. On the ground of this statement Pollard was arrested and tried, but in the absence of all other testimony was acquitted; yet the belief was widely prevalent that McWane's declaration was true. Pollard lived to a great age, but never by word or act in the slightest degree betrayed his guilt. His purpose, if he had formed it, was in vain. Dr. Hopkins had already made his will. He provided for the gradual emancipation of his slaves, and devised his estate to his daughter, and his grandson, Dr. Arthur Pollard, requiring the name of the latter to be changed to Hopkins, which was duly effected by the County Court of Amherst.
About this time Dr. John T. Gilmer was placed under bonds for an alleged offence in inoculating for smallpox. Legislation on this subject had been enacted in Virginia. Rules had been prescribed for its regulation, and the superin - tendence of it committed to the County Courts. The milder and safer mode of preventing the disease by vaccination had not yet been fully developed. The interest of Dr. Gilmer in
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the matter was so great, that he had established a hospital for the special treatment of those who sought exemption from the dreaded malady. The immediate cause of his being summoned before the Court was the occurrence of a fatal case, after the operation had been performed. A panic ensued, and complaint was made against the philanthropic leech. The sympathies of the Court, as well as of all enlightened men, must have been exerted in his favor; for he was required to give bond only for three months "for his good behavior, especially in not alarming the neighborhood in which his hospital is established, unless he first obtain the consent of the citizens." The doctor's residence-and pre - sumptively, his hospital-was at Edgemont, on the Barbours- ville Road.
An interesting point of law came before the Court in the early part of the century. Mrs. Elizabeth Henderson, widow of Bennett Henderson, on whose land the town of Milton was laid out, sued out a writ of dower against those who had purchased lots within its limits. The decision was that the widow was barred by the Act of Assembly authorizing the establishment of the town, vesting its lands in trustees, and giving them power to sell. The case was appealed to the District Court. What its decision was, cannot be known, as its records have disappeared ; but it can hardly be supposed the lower court was not sustained. Mrs. Henderson's coun- sel was George Poindexter, who was a Louisa man, settled for a time in Milton, removed to Mississippi while it was a Territory, became successively Judge, Aide to Jackson at the battle of New Orleans, Representative in Congress, Gov- ernor, United States Senator, and died in 1853.
President Monroe was one of the magistrates of the county, as Mr. Jefferson also was. When Jefferson was appointed cannot be definitely known, as no record of the event exists. From his prominence, even while a student of law, it may be conjectured he received the appointment shortly after his attaining his majority, in 1764 or 1765. It does not appear that he ever sat upon the bench. The only official act he ever performed as Justice of the Peace apparent in the records,
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was taking the acknowledgment of Mrs. Elizabeth Eppes in 1777 to a deed of her husband and herself, conveying three thousand acres of land on Green Mountain to John Coles ; this acknowledgment, and the memorial of respect entered in the minutes of the court at his death, are the only indica- tions the records show, that he ever was a magistrate. The truth is, that until his Presidential term expired, he was comparatively speaking rarely at home. The same thing is largely true of Mr. Monroe. He was frequently absent on public business. But when at home he often attended court. The latter half of 1799, just before he became Governor of the State, he sat upon the bench regularly every month.
A feeling of regret may naturally be indulged, that the old County Court system has passed away. It was a peculiar feature in the history of Virginia from a very early period, and in many respects a most valuable institution. It is hard to conceive how justice could be administered in a less bur - densome form. In large measure the rights of the people were secured, and their convenience promoted, absolutely free of expense. It possessed a high degree of dignity, and was regarded by the community with sentiments of veneration and respect. Its members for the most part occupied the most reputable standing in society. They generally fulfilled the requirement of the law, that they should be "able, honest and discreet." Their wealth placed them above temptations to corruption and rapacity, their integrity inspired general confidence, while their honorable character and gentleman- like bearing presented an example worthy of imitation, and were not without effect in imparting a chivalrous tone, and disseminating habits of politeness, among the public at large. And it may be affirmed with truth, that their cheap adminis - tration did not produce cheap results. Their work was usu- ally well done. They spared no pains in promoting the peace of their neighborhoods. If business was sometimes delayed by the pressure of private claims, perhaps on the whole it amounted to no more than the interruptions necessa - rily incident to all human affairs. Their official duties were often performed with no little trouble. Men of the highest
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position would ride for miles across mountain ranges, and over almost impassable roads, to receive the acknowledg- ment of a poor neighbor's wife, whose infirmity or want of means prevented her from travelling to the county seat. Nor was there a failure in respect to their judicial decrees. Guided by their own intelligence and sound sense, and the aid of the Commonwealth's attorney, they attained substan - tial righteousness in their conclusions. Their decisions were not often reversed ; and it happened more than once that they were sustained by the Court of Appeals against the counter- adjudications of such eminent jurists as Archibald Stuart and Lucas P. Thompson.
For some years after the Revolution, all persons charged with felony, were sent to Richmond for trial before the Gen- eral Court. To remedy this arrangement which was both in- convenient and expensive, a law was passed in 1788, forming judicial districts throughout the State, and appointing a court for each district. Three judges were to preside in each court, two of them to form a quorum. One of these districts com - prised the counties of Louisa, Fluvanna, Albemarle and Amherst, and its court was called the District Court of Char- lottesville. Who were its judges is not known, it records being lost. John Carr, son of Major Thomas Carr, was its Clerk. This Court was abolished in 1809, and the Circuit Superior Court of Law for the county was organized, with Archibald Stuart, of Staunton, as Judge, and John Carr as Clerk. Mr. Carr resigned in 1818, and Alexander Garrett was appointed in his stead. During this time the Court of Chancery having jurisdiction of such cases arising in this county, was held in Staunton. In 1830 the Circuit Superior Court was invested with the jurisdiction of all cases, both of Law and Chancery, and this scheme continues to the present day. In that year Judge Stuart was appointed to the bench of the Court of Appeals, and was succeeded by Lucas P. Thompson, of Amherst. Judge Thompson continued in office until 1852, when he was promoted to the Court of Ap- peals, and was succeeded by Richard H. Field, of Culpeper. Judge Field sat for the last time in October 1864, and soon
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after died. When the confusion consequent upon the war somewhat subsided, Egbert R. Watson was made Judge of the Circuit Court in 1866 by the United States military authorities. He was superseded in the beginning of 1869 by the appoint- ment of Henry Shackelford, of Culpeper, who held the office until his death in 1880, when Daniel A. Grimsley, of Cul - peper, was chosen. In 1882 he gave place to George P. Hughes, of Goochland, until 1886, when he was again elected, and continues to occupy the position at the present time.
Before the Constitution of 1850 the Circuit Judges had the appointment of the Attorneys for the Commonwealth practising in their courts. When Judge Stuart took his seat on the Albemarle bench in 1809, he selected Dabney Carr to represent the State. Upon Mr. Carr's resignation in 1811, he appointed John Howe Peyton, of Staunton, who held the office until 1839 when he resigned. Thereupon Judge Thompson appointed Thomas J. Michie, of Staunton, whose incumbency was terminated by the provisions of the new Constitution. Under those provisions the office became elective, and the person who filled it practised in all the courts alike.
Nothing is known concerning the first building occupied as a courthouse, except that it was erected by Samuel Scott on the land of his brother Daniel, near Scottsville. It afforded accommodation to those transacting the public business for seventeen years, when the removal to Charlottesville took place. Nor does any record remain, giving an account of the building of the first courthouse at the new county seat. The edifice erected however answered the purpose of a hall of justice for a little more than forty years. It must have had some pretension to architectural display in the shape of an ornamental cover to its entrance, as we learn that in 1800 Richard Thurmond was bound over for "a fray in the portico of the courthouse." This courthouse, and the early jails, were evidently of slight and temporary construction; with the course of years they required almost continual repairs. The first jail appears to have been built by William Terrell, and the second by Henry Gambell about the close of the
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Revolutionary War. Trouble was encountered in settling with the latter contractor, on account of the imperfect manner in which his work was done. In 1785 a stone prison was built, sixteen feet by sixteen, and two stories in height, and lasted till 1798. A new jail was then erected, the cost of which was a thousand pounds, or three thousand, three hun- dred and thirty-three dollars. Thomas Whitlow was the builder. This structure continued in use, with repairs from time to time-particularly in 1846, when three thousand dollars were expended in its improvement-until the present jail was built in 1876.
The court square was first enclosed in 1792. Thomas Bell, James Kerr and Thomas Garth were directed to have a rail - ing put up at a distance of not more than forty -five feet from the courthouse. A large space was consequently left as . open ground. The subject of selling a part of this unoccu - pied space was seriously agitated. In 1801 the justices of the county were specially convened to deliberate in regard to the matter; fortunately, after due consideration they came to the conclusion, that it was inexpedient that any part of the public grounds should be sold.
In 1803 it was determined that a new courthouse was nec- essary. George Divers, William D. Meriwether and Isaac Miller were appointed to draw a plan for the edifice, and Messrs. Divers, Miller, Thomas Garth, William Wardlaw and Thomas C. Fletcher were directed to solicit bids for its erection, the cost not to exceed five thousand dollars. The building committee was also directed, when the new house was finished, to remove the old one, together with the rub- bish incident to the work. From this circumstance it is inferred, that the old building was located not far from the site of the present Clerk's Office. The house then erected is substantially the one which now exists. Iron bars were placed in the office windows in 1807. The cupola was re- paired in 1815. After a consultation to devise some means of protecting the public buildings from fire, the Court ordered lightning rods to be put up on the courthouse ; this was done
-6
+
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in 1818. These safeguards then went by the name of Frank- lins. James Leitch furnished the iron necessary for fifty dollars, and Jacob Wimer did the work for seventy-five. The building was covered with tin in 1825. In 1849 an inquiry was made as to the propriety of embellishing the front with a porch and pillars, but was attended with no result until ten years after. At that time a contract was entered into with George W. Spooner to construct a front addition designed by William A. Pratt, a former Proctor of the University, he giving bond for the faithful performance of the work in the sum of nine thousand four hundred dollars. This addition was flanked with towers and crowned with gables. While this work was in progress, the Court held its sessions in the old Town Hall. After the war the gables and towers were re- moved, and the pediment with its supporting pillars, as they appear at present, was erected by Mr. Spooner. These improvements were deemed sufficient until the recent altera- tions in 1897.
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