USA > Virginia > City of Norfolk > City of Norfolk > History of Norfolk County, Virginia : and representative citizens, 1637-1900 > Part 41
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At court May 17. 1790,-"Ordered that Thomas Nash, Thomas Newton. Charles Odean, Samuel Veale. Thomas Bressie, and William Boushell or a majority of them ad- vertise and let out to the lowest Bidder, the Building of a County Court House of Brick of such dimensions as are mentioned in the plan received by the Court at January last."
The Court House was built under these or- ders and the courts were held in it until 1803. The old building is still in existence and used by the Berkley Knitting Mills.
"It being represented that the location of the Court House and jail in the town of Wash- ington was inconvenient and the inhabitants of Portsmouth being willing to erect necessary public buildings at their own expense on re- ceiving the lot with Court House and prison in the town of Washington, to be sold to re- imburse them for the expense of the new buildings," on the 20th of January. 1801. the legislature authorized the removal of the court
as soon as a Court House and prison of like form and dimensions and strength with those in the town of Washington, should be erected on the ground set apart for that purpose in the town of Portsmouth by voluntary contri- butions .- now the site of Hotel Monroe and and the Commercial Building, at the northeast corner of High and Court streets.
On the 19th day of April, 1803. William King. Richard Blow. Samuel Brown and James S. Mathews on the bench, the court re- ceived the report of Ralph Pigot. William Wil- son, Jr .. and William Pritchard, who had been appointed to examine the materials and work- manship of the Court House and jail in the town of Portsmouth, which report stated they had found them agreeable to statements of commissioners and in conformity with the Act of the General Assembly passed on the 20th day of January, 1801. for the removal of the Court House and jail from the town of Wash- ington to the town of Portsmouth.
On the 16th day of May. 1803 .- "It ap- pearing to the Court that a new Court House and Jail in the town of Portsmouth of like form and dimensions and strength with those in the town of Washington hath been erected on the ground set apart for that purpose in the said town of Portsmouth. It is ordered that the Court be henceforth held in the said Court House in the town of Portsmouth to which place the Court doth now unanimously ad- journ."
November 22. 1842, the justices were or- dered to be summoned for the next court to consider building a new Court House, and at the next court, Decembebr 17. it was "Re- solved. That Dr. Arthur R. Smith, William Etheridge and John A. Chandler be a com- mittee on the part of Norfolk County to act with a committee from Portsmouth to me- morialize the legislature to authorize the build- ing of a new Court House on the lot at the northwest intersection of High and Court streets. to sell the present Court House and lot and apply the proceeds to the new Court House." This order was amended on the 23d
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of December, 1842, so that should Portsmouth become fully incorporated it should have power to hold a Hustings Court and that the Court House should be used by the said town to hokl its Corporation Court therein equally with the County Court. James G. Hatton, John .. Chandler, Richard Baugh, Samuel Watts and William Etheridge were appointed a committee to petition the legislature, then in session, to authorize the court to remove the seat of jus- tice to the lot then occupied by the clerk's office. This change was authorized by an Act of the General Assembly, passed on the 14th of December, 1844. which permitted the Coun- ty Court, by arrangements with the trustees of the town of Portsmouth, to rebuild the old Court House or build a new one on the lot occupied by the clerk's office or some other locality. On the 17th of March. 1845, Dr. A. R. Smith, Leaven Gayle, Richard Baugh, John G. Hutton and George T. Wallace were appointed a committee to have a.Court House built on the clerk's office lot, also a jail on said or any other lot.
So the present Norfolk County Court House was built, located at the northwest cor- ner of High and Court streets in the city of Portsmouth and is owned and occupied joint- ly with that city. The court was removed to this Court House on Monday. the 20th day of July, 1846. Samuel Watts. James E. Wil- son, Edward P. Cowper and Frederick Wil- son were on the bench and ordered that
"Whereas, at the last term of this court an order was made requiring that all the jus- tices should be duly summoned to appear here
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this day to take into consideration the pro- priety of making an order for the immediate removal and sitting of this court to and in the new Court House lately erected by virtue of an Act of the General Assembly of Virginia and that a copy thereof was set up at the Court House door and also at the Clerk's of- fice door and it appearing to the court that said order has been duly executed according to law. It is ordered that this court will now proceed to remove its sessions forthwith to the new Court House on the lot known as the clerk's office lot in the town of Portsmouth and that all future sessions of this court be hereafter held therein," and the court there- upon proceeded to the new Court House. And so court has been held at this Court House ever since.
After the Confederate War, the whole in- terior of the court room was changed and di- vided into two rooms, one for the Court of Hustings of the city of Portsmouth. on the west side, and the other for the courts of Nor- folk County on the east side. The steps and entrance on the Court street side were changed to High street, the cupola removed and the general aspect was much altered. The county purchased another lot on the west side of its clerk's office, on which it enlarged the clerk's office and equipped it with every convenience. The jail, which was built at the same time with the Court House, at the southeast cor- ner of High and Washington streets, was re- cently torn down, and a new one for both cor- porations erected at the northwest corner of County and Water streets.
CHAPTER. XVI
THE BENCH AND BAR
EARLY ATTORNEYS-SUPERIOR COURT OF PORTSMOUTH-NORFOLK CITY COURTS-NORFOLK COUNTY COURT-RATES FOR TAVERN KEEPERS-JUSTICES OF THE PEACE FROM 1637 -SHERIFFS OF THE COUNTY-CLERKS OF THE NORFOLK COUNTY COURT-MINISTERS LICENSED TO PERFORM THE RITE OF MATRIMONY-THE COURTS OF NORFOLK-THE COURTS OF PORTSMOUTH.
EARLY ATTORNEYS.
The bench and bar of Norfolk County have always been a credit to the profession of law. In the colonial period James Nimmo, William Young, Walter Lyons, Thomas Clayborne, Thomas Nivison, Benjamin Crooker, Thomas Bourke, John Brickel, Miles Carey, Anthony Lawson and Thomas Emmer- son were among the practicing attorneys at the bar. William Robertson was the first at- torney for the Commonwealth after the Declaration of Independence, having qualified on the 19th day of December, 1776. Some of the distinguished members of the bar under the Commonwealth were: William Wirt, Lit- tleton Waller Tazewell, John S. Millson. John Murdaugh, John A. Chandler, Richard Gate- wood, James Murdaugh, Tazewell Taylor, J. H. Langhorne, James G. Holliday, James W. Hinton, L. H. Chandler, John Neely, John H. Gayle, Charles B. Duffield, James Holt. Rich- ard Walke.
SUPERIOR COURT OF PORTSMOUTH.
At the Superior Court of law held at the Court House in Portsmouth on the 22nd day
of May, 1809. Hon. William Nelson, one of the judges of the general court, presided.
On the 23d day of October, 1809, Hon1. James Semple, judge, presided.
On the 25th day of January, 1817, Hon. Griffin Stith, judge, presided.
On the 15th day of June, 1831, Hon. Rob- ert B. Taylor, judge of the Circuit Court, pre- sided.
On the 1st day of November, 1831, Hon. William Browne, judge, presided, having ex- changed circuits with Judge Taylor.
On June ist, 1832, Hon. Abel P. Upsher, judge, presided, having exchanged circuits with Judge Taylor.
On the 14th of April, 1833, Judge Robert B. Tavlor died ; and Gov. L. W. Tazewell ap- pointed Richard II. Baker of the county of Nansemond to fill the vacancy. Judge Baker went upon the bench on the 2nd of June, 1834, and continued as circuit judge until about a year before his death, which occurred on No- vember 29, 1871, except when supplanted by United States military orders because of his refusal to take the iron-clad oath.
On March 1, 1864, Hon. Edward K. Snead. military appointee, presided.
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On March 1, 1866. Hon. Richard H. Baker resumed his seat as judge, having been re- appointed by the Governor.
On February 15. 1869. Hon. Edwin P. Pitts was appointed judge in place of Judge Baker, removed by the military edict of Maj .- Gen. George Stoneman, U. S. Army.
On the 15th day of March, 1871. Ilon. George Blow, judge. presided in the circuit of Portsmouth.
On March 5. 1887. Hon. Chandler W. Hill. judge, presided.
On the 4th day of March. 1895. Hon. Robert R. Prentis, judge, presided. and con- tinnes in office.
NORFOLK CITY COURTS.
-An Act passed March 2. 1819, provided that. "All courts held in Norfolk Borough for the trial of civil causes, may be composed of the mayor. recorder and one alderman, the mayor and two aldermen, the recorder and two aldermen, or any three aldermen."
Acts 1850-51. page 31. provided that. "Hereafter the Corporation Court of Norfolk shall be held by the justices of said corpora- tion or any three or more of them. except where it is otherwise expressly provided."
This Act was amended January 20, 1866: "And also by a magistrate, who shall be called the Judge of the Court of the Corporation of the City of Norfolk." *
* "The said Judge shall be elected by the Select and Common Councils of the said city, in joint meeting assembled, and shall hold his office for the term of eight years." The only judge of the Corporation Court of Norfolk City, elected by the Councils of the city, was Thomas C. Tabb. elected May 1. 1866. for eight years .- resigned June 4. 1868. as of date May 1. 1868. resignation accepted : at a sub- sequent meeting, a resolution was adopted call- ing for a joint session for the purpose of elect- ing his successor, but it was never held. He was succeeded by O. M. Dorman. an appointee of Major-General Canby: he was made a
member of the Supreme Court in 1800 and was succeeded by B. B. Foster, military ap- pointee. This judge. B. B. Foster, was also judge of the Court of Hustings for Ports- mouth and register of deeds, holding the three offices at one and the same time by military edict. The new Constitution provided for each city of town in the State. containing a population of 5.000. "There shall be elected on the joint ballot of the two houses of the Gen- eral Assembly one city judge who shall hold a Corporation or Hustings Court of said city."
Hon. William Il. Burroughs was the first judge elected under this Constitution and served until the January term, 1877. He was succeeded by Judge George P. Scarburg, who served until 1880, when he was succeeded by Judge David J. Godwin, who served until 1883. Judge D. Tucker Brooke succeeded him and served until 1894. when the present incumbent. Judge Allen R. Hanckel. was elected.
NORFOLK COUNTY COURT.
The presiding officers of the County Courts were first termed commissioners of the peace, afterward changed to justices of the peace, who held regular terms of court at designated points. sometimes private residences, at other times at houses for public entertainment until the first Court House was built. The instruc- . tions to Sir Thomas Wyatt. Governor of Vir- ginia. July 24. 1621, required the Governor and Council to appoint proper times for the administration of justice, and the Grand As- sembly of March 5. 1623-24. directed that courts should be held once every month in Charles City and Elizabeth City for deciding suits and controversies not exceeding in value 100 pounds of tobacco and for punishing petty offenses. The General Assembly. in June. 1642. enacted that there should be held Monthly Courts with the power to determine debts and differences under the sum of 1.600 pounds of tobacco and the beginning of the
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term for Lower Norfolk County was fixed for the 15th day of each month. The Grand As- sembly of March. 1642-43. changed the name from "Monthly Courts" to "County Courts," reduced the terms to six yearly and styled the officers "Commissioners of the County Courts," and ever since we have had the Nor- folk County Court. The terms were after- ward changed back to monthly and the juris- diction has been changed from time to time.
The first court ever held in Lower Nor- folk County of which we have any record was held on the 15th day of May. 1637. and the last court held for Norfolk County by jus- tices of the peace was at the Court House in Portsmouth on Saturday, the 23rd day of April, 1870. The commissioners presiding at the first court were Capt. Adam Thorogood, Francis Mason, Capt. John Sibsey, afterward sheriff. Edward Windham, William Julian and Robert Carne. The justices presiding at the last court were F. W. Lemosy. W. B. Harris, W. J. Bishop and John W. McCloud, all reconstruction justices. During the long period in which magistrates were appointed. they were always selected for their intelligence. probity and high standing in the community and were generally leading citizens.
On the 16th of July, 1642, the first jury trial in a civil case took place. The panel was composed of Bartholomew Hoskins, Edward Hall. Thomas Cheely, Thomas Keeling, John Holbeck. Francis Land, Christopher Bur- roughs. Thomas Cannon, Simon Hancock, William Davis and Mathew Phillips. The case arose under the fence law. John Gookin's hogs got into Richard Foster's corn field and Foster sued for damages. The 12 good and true men rendered their verdict : "We there- fore, the jury, having fully examined the evi- (lence given on both sides, find no cause where- of any damages should be allowed for the plaintiff's corn which was destroyed, the de- fendant having sufficiently proved that he hath kept a sufficient hog-keeper and sufficient hog- pen according to the Act in that case made and provided, and that the plaintiff had not
fenced his plantation according to the Acts in that case made and provided, wherefore we give our verdict that the plaintiff shall pay all charges of the lower court and so the suit be fully determined."
A court of Lower Norfolk County com- posed of four justices clandestinely held gave judgment for George Abbott against Col. Ed- ward Scarborough for 7,900 pounds of to- bacco. casks and costs. It was reversed by the Grand Assembly in March, 1661-62 ( Hen. Vol. 2. Page 158), and the justices of the court were compelled to pay Colonel Scarborough the full amount which they had awarded against him with all costs. What a whole- some lesson for unjust judges !
At the court held for Norfolk County on the 21st day of December, 1753, for laying the county levy, Justices Col. William Cra- ford, Capt. William Ivy, Capt. John Hutch- ings. Capt. George Veale, Capt. Josiah Smith. William Bradly and William Portlock pre- sided and ordered that Joshua Corprew. sher- iff. collect from each tithable person 221% pounds of tobacco and pay the creditors of the county, whose claims amounted to 56 .- 992 pounds of tobacco. There were 2.533 tith- able persons in the county. Samuel Boush was the clerk of the court at this date and his salary was 1.200 pounds of tobacco. The sheriff's salary was 1,200 pounds and the King's attorney 1,000 pounds of tobacco. AAmong the items of expense at a subsequent term were 100 pounds of tobacco to be paid Richard Smith for one old wolf's head.
In 1686. 3,000 pounds of tobacco were paid out of the county levy by the sheriff as rewards for wolves' heads.
On the 21st of May, 1761, the court as- signed justices to take list of tithables as fol- lows: Lemuel Willoughby to take the list for the borough of Norfolk on the east side of Church street beginning at his lane to the ex- tent of the bounds of the borough. Mathew Godfrey, on the south side of Tanner's Creek as far as Willis Cares, on the north side of the creek to the extent of the bounds of the
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county. Max. Calvert in the borough of Nor- folk on the west side of Church street begin- ning on line west side of Willoughby's lane, to the extent of the bounds of the borough. James Webb from Ferry Point to Great Bridge. Joshua Corprew from Great Bridge to Edmund's Bridge and New Mill Creek. Richard Tucker, Jr., from Edmund's Bridge to the upper inhabitants, including both roads. Thomas Veale in Portsmouth and from thence to New Mill Creek. John Tucker from Portsmouth to the Western Branch, incluid- ing both sides thereof.
The court held on December 30, 1761. al- lowed William Young, King's attorney, Wil- son Newton, high sheriff, and Samuel Boush, clerk of the court, their yearly salary, 1,200 pounds of tobacco each. The total county ex- penses amounted to 54,994 pounds of tobacco and each tithable person was taxed 1612 pounds to be collected by the sheriff and paid over to the creditors.
The court held November 10, 1769, "Or- dered for the future that it is to be an instruc- tion that they will not be allowed for commit- ting runaways, other than those that belong to persons out of this county or those that can- not tell their master's name.
On Monday, August 15, 1796, Robert Brough furnished the court with a seal for Norfolk County, agreeable to an order of the last court, together with an account of the ex- pense thereof amounting to $50. It was or- dered that he he authorized to draw on Willis Wilson for the same.
On January 19, 1749, the court ordered "That the Sheriff for the future do keep all persons without the Bar, except the contend- ing parties, the attorneys or such other per- sons as the Court shall think proper to ask in."
Before the Revolution the justice of the peace on assuming the duties of his office took and subscribed the following oaths :
I do swear that I do from my heart abhor. detest and abjure as impions and heretical that damnable doc- trine and position that Princes excommunicated or de- prived by the Pope or any authority of the see of Rome
may be deposed or murdered by their subjects for any other whatsoever. and I do declare that no foreign Prince. person, Prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-emi- nence or authority, ecclesiastical or spiritual in this reaim.
I do dectare that I do believe that there is not any transubstantiation in the sacraments of the Lord's Supper or in the elements of bread and wine at or after the consecration thereof by any person whatsoever.
At the court held on the 20th day of Feb- ruary, 1752, a writ of adjournment was re- ceived from Governor Dinwiddie permitting the court to adjourn from the Court House in the borough of Norfolk to the house of Thomas Veale on account of the smallpox : but on Au- gust 20th the court adjourned back to the Court House.
On December 20, 1820, Stephen Lynch contracted with the county to build a road from Ballahac to the Dismal Swamp Canal for $500.
Notes of Thomas Jefferson written in 1781: "The State is divided into counties. In every community are appointed magis- trates called Justices of the Peace, usually from eight to 30 or 40 in number, in pro- portion to the size of the county, of the most discreet and honest inhabitants. They are nominated by their fellows, but com- missioned by the Governor, and act without reward. These magistrates have jurisdiction, both criminal and civil. If the question be- fore them be a question of law only, they de- cide on it themselves; but if it be of fact, or of fact and law combined, it must be referred to a jury. In the latter case, of a combination of law and fact, it is usual for the jurors to decide the fact and refer the law arising on it to the decision of the judges. But this di- vision of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact. If they be mistaken, a decision against right, which is casual only, is less dangerous to the State, and less afflicting to the loser, than one which makes part of a regular and
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uniform system. In truth, it is better to toss up cross and pile in a cause, than to refer it to a judge whose mind is warped by any mo- tive whatever, in that particular case. But the common sense of 12 honest men gives a better chance of just decision, than the hazard of cross and pile. These judges execute their process by the sheriff or coroner of the county, or by constables of their own appointment. If any free person commit an offense against the Commonwealth, if it be below the degree of felony he is bound by a justice to appear be- fore their court, to answer it on indictment or information. If it amount to felony, he is committed to jail, a court of three justices is called: if they on examination think him guilty, they send him to the jail of the Gen- eral Court, before which court he is tried first by a grand jury of 24, of whom 13 must con- cur in opinion; if they find him guilty, he is tried by a jury of 12 men of the county where the offense was committed, and by their ver- dict, which must be unanimous, he is ac- quitted or condemned without appeal. If the criminal be a slave the trial by the County Court is final.' *
* * "In civil matters if the matters of dispute be of less value than four and one-sixth dollars, a single member may try it at any time and place within his county. ** "If it be of that or greater * value, it is determinable before the County Court, which consists of four at the least of those justices, and assembles at the Court House of the county on a certain day in every month." * "Appeal, if matter be of *% fio sterling or concerns title to land, to Su- perior Court."
AAt a court held on the 8th day of July, 1793 .- "Information having been received from the Mayor and Aldermen of the Borough of Norfolk that a number of French families have arrived within Cape Henry (in a fleet from Hispaniola) in great distress and solici- tation being made to them by an officer of the French Republic for relief to them distressed people and they requesting the assistance of this court for that purpose, it is unanimously
agreed that they may land and be accommo- dated in the Marine Hospital."
In Will Book No. 2 in the County Court there are a number of blank pages and this inscription : "These pages were left blank for some wills which were proved in 1775 to be recorded in that year, but the glorious strug- gle with Great Britain for our liberty and property prevented their being recorded until after. Mr. Hurt, the late deputy clerk, began to record the wills following, who left those blank pages for that purpose.'
The Constitution of 1851 provided "That the Justices shall receive for their services in Court a per diem compensation to be ascer- tained by law and paid out of the County Treasury: and shall not receive any fee or emolument for other judicial service." It was afterward fixed at $3 per day while they were on the bench.
At a court for Norfolk County, held No- vember 19, 1770, it was ordered that the rates for liquors sold by tavern-keepers should be:
For every quart of Punch made with best double refined Loaf Sugar, 2 shillings.
Quart of Toddy, I shilling 6 pence.
Quart of Grog, I shilling 3 pence.
Punch made with Muscovado Sugar, per quart, 8 pence.
On September 20, 1813, the court fixed rates for tavern-keepers :
Punch per quart, 371/2 cents.
Toddy per quart (rum), 311/4 cents.
Toddy per quart (apple brandy), 19 cents.
Madeira wine, per quart, $1.25.
Port wine, per quart, $1.25.
Other wine. per quart, $1.121/2.
Breakfast, 371/2 cents.
Dinner, 50 cents.
Supper, 371/2 cents.
Bed, per night 25 cents.
Corne, per gallon, 25 cents.
Oats. per gallon, 121/2 cents.
Fodder, per bunch, 614 cents. Stablage, per day, 121/2 cents.
Stablage, per night, 121/2 cents.
Pasturage, per day, 121/2 cents.
The old tavern, the well-sweep and bucket, the stage coaches and the old worm fence are
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things of the past; a few of the old Dutchi- roof houses remain as mementoes of the days that are gone, but the wheelwright shop still stands and the anvil of the blacksmith still ring's at the cross-roads.
On the 17th of June, 1861, the court ap- propriated $10,000 for the Confederate sol- ciers of the county, allowing $12 each.
On Thursday, 24th day of April, 1862. the court adjourned, L. 11. Kingman presid- ing, after which came the interregnum,-mili- tary despotism,-and it did not reassemble 111- til the 20th day of September, 1865, and in 1869 it was dissolved by military edict and all justices and officers were appointed by the military commander of District No. I.
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