USA > Virginia > Augusta County > Augusta County > Annals of Augusta county, Virginia, from 1726 to 1871 > Part 47
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Some description of the four great lawyers of Staunton, who are mentioned in the early part of the preceding chapter as cotemporaries, will not be out of place here.
Major Sheffey, as he was called, is described by persons who re- member him, as a short, stout man, very near-sighted, having a decided German accent in his speech, and a habit of twirling his watch seal while addressing a court or jury. His extraordinary ability was universally conceded. He was a native of Frederick, Maryland, and originally a shoemaker. Settling at Wytheville to pursue his trade, he studied law, and soon became distinguished at the bar, in the Legislature, and in Congress. His home at Staunton was at the place called Kalorama. He died in 1830.
Mr. Johnson was a native of Louisa county, and was educated at William and Mary College. He was a tall and portly man. His features were regular and handsome, and his countenance was benig- nant. He always dressed well, and as he rode on horseback to and from his country seat, Bearwallow, every beholder recognized him as a man of mark. His speeches in court were long and loud, but always very able. He died in 1849.
Mr. Peyton was born in Stafford county, and educated at Prince- ton College. He, like Mr. Johnson, was tall, large and erect, and dressed neatly. He also rode on horseback to and from Montgomery Hall, a mile west of town. His speeches were never very long, and never wearied the listener. As a prosecuting attorney he was con- sidered unrivaled. To many persons he probably appeared haughty ; but to those he approved of, however young or ignorant, he was very genial and kind. He died in 1847.
General Baldwin,-so called till he was elected a judge of the Supreme Court of Appeals,-was born in Frederick county, and educated at William and Mary College. His residence at Staunton was at Spring Farm, less than a mile from his office. He was a large man, of rather ungraceful figure, and very indifferent about his costume, though not slovenly. He rarely appeared on horseback, but generally walked to and from town, carrying his papers in a green bag, and apparently absorbed in thinking over some important matter. He was a man of great benevolence, and in his private circle of friends distinguished for his affectionate disposition. He was considered an eloquent speaker, but was more eminent as a writer. His popularity in the county was unbounded. He died in 1852. He was major- general of militia.
All these distinguished lawyers were adherents of the Episcopal church.
Dr. Addison Waddell held no conspicuous public office, and his name seldom appears in our Annals. The writer, however, may say of his father, what all who knew him admitted to be true, that he was a learned and wise physician, and a deeply-read metaphysician and
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theologian. Born near Gordonsville in 1785, he was educated at Hampden-Sidney College and in Philadelphia, and lived in Staunton front 1809 till 1855. ' Unambitious for himself, he spent his life in endeavoring to help the suffering and needy :
" More bent to raise the wretched than to rise."
He "walked with God " as did Enoch ; and, on the evening of June 18, 1855, "he was not, for God took him." His brother, Lyt- telton Waddell, Esq., died March 11, 1869, and his son, Dr. J. Alex- ander Waddell, July 23, 1883.
For want of a more suitable place, we may mention here three of our county-men who achieved more or less distinction abroad.
John Hall was born in Augusta in 1769. He removed to North Carolina, and became a Judge of the Supreme Court of that State. His death occurred January 29, 1833. He was an uncle of the late Alexander S. Hall and Dr. Isaac Hall.
James Haggerty was a poor boy, born in Staunton. Colonel Robert Gamble found him working in a brickyard, took him into his store, first in Staunton, and afterwards in Richmond, trained him to business, and sent him to England. He became a prosperous mer- chant in Liverpool, and in 1841, was appointed United States Consul at that port.
Joseph G. Baldwin, a nephew of General Briscoe G. Baldwin, was reared in Staunton. He went to Alabama to practise law, wrote and published two popular books,-" Flush Times in Alabama," and " Party Leaders,"-and at the time of his death was a Judge of the Supreme Court of California.
CHAPTER XIX.
FROM 1844 TO 1860.
The political canvass of 1844 was conducted in Augusta, as well as elsewhere, with nearly as much ardor as was displayed in 1840. The Whigs were active in their efforts to secure the election of Henry Clay, but failed of success.
A second newspaper was established in Staunton, in 1845, as the organ of the Democrats of the county. It was first called the Augusta Democrat, but the name was subsequently changed to Staunton Vindicator.
A stranger walking through the business portion of Staunton, would not imagine that the place was liable to be devastated by floods, there being no water course visible to the eye. Yet the town has several times suffered severely from that cause. The first occurrence of the sort of much consequence, was in the summer of 1846. The north branch of Lewis' creek (which runs under Central avenue) drains an extensive valley, or rather several valleys, northwest of the town, but ordinarily is a very small rivulet. After an extraordinary down-fall of rain on the day referred to, however, a great tidal wave came down the course of the little stream, and overflowed and sub- merged all the lower part of the town, from Frederick street on the north and Lewis street on the west, filling cellars, entering many houses, and tearing great holes in the streets. The force of the cur- rent was so strong as to sweep down large flag-stones almost as if they were blocks of wood. In many places the water was waist deep. But no life was lost, and no house was moved from its foundation. One gentleman, however, came near being drowned. He was stand- ing on the porch of a house which then stood at the corner of the jail lot, Angusta and Courthouse streets, and the supports of the porch be- ing undermined, he was precipitated into the raging torrent and swept down to the channel of the creek in rear of the jail. There he was cast upou a pile of stones, from which he was rescued. Augusta street tlien extended south only to the creek, which was not bridged over.
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When the war between the United States and Mexico arose, in 1846, the State of Virginia furnished a regiment of volunteers, to which Augusta county contributed a company. The commissioned officers of the company were Kenton Harper, Captain, and Robert H. Kinney, Vincent E. Geiger and William H. Harman, Lieutenants. The Virginia regiment was employed on the northern frontier of Mexico, and, the war having shifted to other parts of the country, never encountered the enemy in battle. The Augusta company re- turned home in August, 1848.
In the meanwhile the subject of internal improvements occupied much attention in the county. A meeting of the people was held in October, 1846, and resolutions were adopted in favor of the extension westward of the Louisa railroad, then completed to Gordonsville. A convention of delegates from several counties met in Staunton on the 30th of the same month, and passed resolutions of similar purport. Another more imposing convention was held in Staunton in October, 1848, which took action in favor of tunneling the Blue Ridge, and ex- tending the railroad to Covington. We cannot follow the history of this railroad, afterwards called the Virginia Central, and now the Chesapeake and Ohio. The road was completed to Staunton, and opened for travel in 1854.
On March 9, 1848, an act of the Legislature was passed anthor- izing the extension of the "Howardsville and Rockfish turnpike " from Martin's Mill, in Nelson, to Greenville, in Augusta, the State to pay two-fifths of the cost, not exceeding fourteen thousand dollars. The turnpike was subsequently extended from Howard's Gap to the Staunton and Middlebrook road, about a mile from the latter place.
The "Junction Valley Turnpike Company " was chartered March 17, 1849, to make a macadamized road from Buchanan to Staunton, through Lexington, with a capital of sixty thousand dol- lars, of which the State subscribed three-fifths. This road was graded and planked, but not macadamized.
On Monday, February 11, 1850, occurred what was designated at the time as the "Irish Rebellion." The Irish laborers on the Central Railroad were " Corkonians," but a party of "Fardowners " [nortli of Ireland people] came to work on the section near Fishers- ville, and with their wives and children took possession of a large frame house. The "Corkonians" at the Blue Ridge tunnel warned them off, and finally, on the 11th, marched through Waynesborough, two hundred and thirty-five in number, and assailed the "Fardowners" in their quarters. They beat the mieu, broke into boxes, tore up
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clothing, burnt down the house, and then returned to the mountain. 'The neighboring country people were afraid to approach near enough to ascertain the true state of affairs, and the most exaggerated and alarming reports were brought to town. We heard that many persons had been killed, and that human heads were rolling about like pump- kins. The civil authorities called upon the military for assistance ; the drum was beat, nearly all the young men in town fell into ranks, and about dark a large company, well armed, marched off to the scene of disturbance. Every one fully expected a fight with the rioters. Several mounted men started in advance of the infantry, and finding on their arrival at the burnt house that the enemy had retired, crossed over to Fishersville to meet the main body. When the latter came up, the force pushed on to Waynesborough. The company ar- rived there at eleven o'clock, and after resting awhile, proceeded to the mountain to make a night attack. A house in which some of the Irish lodged, was surrounded, and the inmates surrendered without resistance. Other suspected Irish were arrested in Waynesborough and on the road,-in fact, every stranger whose tongue betrayed him as a native of the Emerald Isle,-so that about fifty prisoners were secured and brought to Staunton. They were examined by several magistrates during two or three days, but it was impossible to identify many of them as rioters. Only two or three were finally convicted and punished. The expedition and subsequent trials furnished many entertaining and comical incidents. The prisoners displayed their native wit on all occasions, and seemed to enjoy the sport as fully as others. Finally the community lost sight of the lawlessness of the occurrence in the amusement over the affair; and what at first appeared a dreadful tragedy, ended in general laughter.
The "Middlebrook and Brownsburg Company " was chartered Marclı 17, 1851, to make a turnpike from Staunton to Lexington, by way of Middlebrook and Brownsburg. The capital stock was thirty- seven thousand five hundred dollars, of which the State subscribed three-fifths. The road was made as contemplated.
The first bank opened here was established in 1847. It was a branch of the "Bank of the Valley in Virginia," at Winchester, and was known as the " Valley Bank, at Staunton." The Central Bank of Virginia, an independent institution, was established here in 1853. The funds of these institutions were unavoidably converted into Confed- erate currency and securities during the war of 1861-'65, and the cap- ital of both was found to be worthless at the end of the war.
The Mossy Creek Academy, a high school for boys, was estab- lished in 1850, by Jed. Hotchkiss. A handsome and convenient build-
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ing was erected, and the school flourished for a number of years. Many of its pupils became prominent and useful men. The war of secession closed this school, as it did most others. During a part of the war the building was used as a Confederate military hospital, and was accidentally destroyed by fire. The portions of the building not consumed were used in the construction of a pubblic free school-house on or near the site of the academy.
The subject of calling a convention to revise the State Constitu- tion was agitated for several years previous to 1850. In that year the convention was called ; the members from Augusta were David Fultz and Hngh W. Sheffey, and the new Constitution was ratified by the people at the polls in 1851. The changes in our system of govern- ment were numerous and radical. Suffrage was extended to all white male citizens ; and judges, justices of the peace and all county officers were made elective by the people .*
The last session of the County Court of Augusta under the old system was held July 26, 1852. Lyttelton Waddell was the last of the high sheriffs, but held the office for only a few months. George M. Cochran, Sr., would have succeeded him, if there had been no change in the Constitution. Both these gentlemen had served as members of the County Court for many years without compensation. The people, however, retained most of the former county officers. Judge Thomp- son was elected judge of the Circuit Court, Nicholas C. Kinney clerk of that court, and Jefferson Kinney clerk of the County Court. Moses H. McCue was elected sheriff, and William H. Harman com- monwealth's attorney.
Under the Constitution of 1850, justices of the peace were elected for a term of four years, beginning July 1, 1852. The first County Court was held by the new justices on the fourth Monday in July of that year. Colonel James Crawford was elected president of the
* The Justices of the Peace and members of the County Court at the time the change was made were Shelton S. Abney, Jacob Baylor, David S. Bell, James Bell, Samnel H. Bell, James Berry, John B. Breckinridge, Robert P. Brown, George M. Cochran, James A. Cochran, Samuel D. Crawford, James Crawford, Benjamin Crawford, Joseph D. Craig, Dr. John A. Davidson, John G. Fulton, Theophilus Gamble, David Griffith, Robert Guy, William Guy, Samuel Harns- berger, Dr. Isaac Hall, William Harris, Samuel Harris, Kenton Harper, Porter- field A Heiskell, James Henry, Elijah Hogshead, David Kerr, Samnel Kennerly, James M. Lilly, Nathaniel Massie, Edward G. Moorman, Archer M. Moore, Jolın McCue, J. Marshall McCne, John A. Patterson, William Ramsey, Joseph Smith, James M. Stout, Gerard B. Stuart, William M. Tate, Dr. A. Waddell, Lyttelton Waddell, John Wayt, Thomas P. Wilson, William Wilson, Luke Woodward, Lewis Wayland, and William Young.
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court. His successor was Nathaniel Massie, and other presiding justices were, in the order named : Robert Guy, J. Marshall McCue, and Robert G. Bickle.
Alexander H. H. Stuart, of Staunton, was called to the cabinet of President Filmore in 1850, as Secretary of the Interior.
After the adoption of the Constitution of 1851, Staunton was usually selected as the place in which to hold State conventions of the Democratic party, to nominate candidates for governor, lieutenant- governor and attorney-general. Here Joseph Johnson and Henry A. Wise were successively nominated for the office of governor, by large and tumultuous assemblies.
A brief account of the burying-grounds of Staunton must not be omitted. On April 3, 1750, William Beverley conveyed to John Madison and James Lockart, church-wardens of Augusta Parish, and their successors, in consideration of six pounds Virginia money, a lot of land containing nearly two and a half acres, adjacent to the town of Staunton, " for the use of the Parish of Augusta as a place to erect a church on." This lot became the common burying ground for the people of Staunton and vicinity, and was so used for a hundred years. By the end of that time it was crowded to overflowing, so that it was almost impossible to dig a new grave without encroaching upon the remains of some one already buried there.
It was high time for another burial-place to be provided, and in 1848-'9, some citizens of the town organized for the purpose. Thornrose Cemetery Company was chartered by act of the Legisla- ture, February 24, 1849, and a tract of twelve acres west of the town was bought and laid off in lots, roads and walks. The town council entered an order, December 29, 1852, prohibiting further interments in the old graveyard; but, as far as the records show, the first interment in the Cemetery was not made till March 29, 1853.
On the 28th of May, 1853, the Cemetery was formally dedicated. A procession of Free Masons, Odd Fellows, Sons of Temperance and other citizens was formed in town, and walked to the Cemetery, where prayer was offered ; and on returning to the Methodist church, an address was there delivered by Professor McGuffey of the Universi- ty of Virginia.
William Coleman was murdered in Staunton during the night of August 11, 1853. He was a small old man, a cabinet-maker by trade, and one of the meekest and most inoffensive persons in the town. His residence and shop were on, or near, the site of the Staunton Gas Works, and being a bachelor, he lived entirely alone. He was last
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seen alive on Thursday, August 11th. On Friday and Saturday his doors were closed, and as he did not appear about his premises as usual, fears in regard to him began to be entertained. On Sunday morning, the 14th, the house was entered, and there lay the body of the old man, his skull crushed by a hammer which was found near by, covered with gore. The house had apparently been searched for money, which, from Coleman's industrious and frugal habits, it was supposed he pos- sessed.
Suspicion fell upon three men, and they were arrested, one of whom turned State's evidence. The other two were convicted and sentenced to be hung ; but one only was executed, the punishment of the other being commuted by the Governor to confinement in the penitentiary.
The political canvas of 1855, which resulted in the election of Henry A. Wise as Governor, caused much excitement in Augusta, as well as elsewhere in the State ; but there was nothing of special local interest connected with it.
In February, 1856, a resident of Staunton disappeared in a mys- terious manner. This was a homely little German called Martin Wygand. He was a native of Bavaria, and had been a servant in the household of Otho, King of Greece. When he first came to Staunton, he could scarcely speak a word of English. He obtained employment as a gardner, and soon proved himself an industrious and thrifty man.
At the same time, and for many previous years, an old woman named Katy Woolwine and her daughter, Harriet, lived in a log hut in the part of Staunton called Gallowstown. Harriet was an old maid with a sallow complexion, very deaf, and not at all handsome. Both mother and daughter were members of the Presbyterian church, and the latter, at least, was a woman of unexceptionable character. She was a seamstress, and went from house to house to do sewing for many families. In the course of nature the mother died, and Harriet was left alone in the world. But the time had come for her to find a hus- band. Martin Wygand, attracted by her virtues, if not her beauty,- or by the two hundred dollars she was said to have laid up,-proposed marriage and was accepted. It is still a question whether Harriet ever knew her husband's name,-she never referred to him except as "he" and "him." Martin was originally a Roman Catholic, but after a few years he professed the Protestant religion and joined the Presbyte- rian church. Before this, however, he had become sexton of the church, the duties of which office he discharged with great efficiency for a number of years. He prospered in his wordly affairs; the pro- ducts of his garden and his salary as sexton afforded him a competent
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support and some surplus ; so that he purchased a lot of several acres and built a house upon it. His wife, however, died, and then Martin became involved in serious trouble. Being considered an eligible match, several German women aspired to a dower interest in his estate. One buxom widow came all the way from Richmond to cheer his lone- liness and obtain a home for herself. He had probably encouraged her addresses through a mutual acquaintance, but when she arrived did not like her person or manners. She went to his house, and find- ing him inexorable, retired in a rage, declaring to him in broken Eng- lislı, "I makes you marry me." A suit for breach of marriage con- tract was actually instituted. Poor Martin was grievously afflicted. He had several times exhibited symptoms of derangement, and now he was but a little better than a lunatic. At length he disappeared from his accustomed walks, and the doors and windows of his house remained closed all day. Some friend went upon the premises, and found his pig aud cows in a neglected and suffering condition. From that time he has not been seen in Staunton, and his fate is unknown. He was heard of in Winchester, and there all trace of him was lost. His prop- erty was supposed to have escheated, and was sold ; but finally some distant relative of his wife established their legal right to the proceeds and obtained them.
The Catholic priest residing in Staunton for some years previous to 1857, was Daniel Downey, a stout and rollicking Irishman. He lived in the ancient brick house on the west side of Augusta street, nearly opposite his church. Persons passing this house at 8 or 9 o'clock on the night of December 12, 1857, discovered on the pave- ment, opposite the front door, the dead body of a man, who proved to be William Mullins, a young Irishman. Officers entered the house, and found Downey lying on the floor of the front room in a state of insensibility.
A coroner's jury was impaneled, and the following facts were ascertained : Mullins had seduced Margaret - , Downey's house- keeper, and promised to marry her, but put it off from day to day. He was expected up that evening for the purpose, and not coming, a friend who was staying with Downey, went for him ; and he came ac- compauied by another Irishman. Mullins went immediately to Downey's chamber, at the rear of the house, while the other two re- mained in the front room with Margaret -. There was a door between the rooms, but neither of the men saw what took place in the chamber. One of them heard a few words ; the other heard nothing. Suddenly, a pistol was fired in the chamber, and the two men rushing in found Mullins dead, or dying. They carried him out of the house.
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One of them remained by the body, and the other went for assistance. Margaret - fled from the premises.
The jury held Downey for trial, and he was committed to jail.
The Examining Court was held January 6, 1858, and the prisoner was sent on to the Circuit Court. The trial in the latter court began June 5, 1858, and Margaret - was then introduced as a witness. She testified that she saw Mullins take up the pistol, and heard Downey order him to lay it down. A momentary scuffle ensued, and from the statements of the witness it seemed possible, if not probable, that Mullins was accidentally shot. The jury, however, could not agree, and were discharged on the 15th.
A second trial took place at November term, 1858, and on the 15th the jury rendered a verdict of "murder in the second degree." On motion of the prisoner's counsel, Judge Thompson set aside the verdict, aud ordered a new trial at a special term on February 8, 1859.
At the third trial, Judge Kenney, of Rockingham, presided, and again the jury failed to agree. The case was then removed to Albemarle county.
The last trial took place in Charlottesville, in May, 1859, and on the 13th the accused was acquitted and discharged, public opinion generally approving.
Downey survived his acquittal ten or twelve years, living in the house where the tragedy occurred. He was deposed from the priest- hood, and under the ban of the church during the remainder of his life.
We must not omuit to mention the great snow storm of January, 1857, which is still often referred to in conversation, and by the news- papers. Snow began to fall about 7 o'clock Saturday night, the 17th, and continued without cessation for twenty-four hours. All day Sun- day, the 18th, the mercury stood at zero, and the wind blew in a gale from apparently every point of the compass, driving the snow into houses through every crack, piling it up many feet deep in some places, aud in others sweeping the earth bare. The running of trains on the Virginia Central railroad was suspended for ten days, and as there was then no telegraph line to Staunton, the people of the town and county were cut off from communication with the outside world. But never did good-fellowship and all the social virtues prevail so generally in the community. Two issues of the Staunton newspapers were brought out during the embargo, and the editors were put to the
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