USA > Virginia > Tazewell County > Tazewell County > History of Tazewell county and southwest Virginia, 1748-1920 > Part 44
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MURDER OF WILLIAM WHITLEY.
ยท "William Whitley lived in Baptist valley, and had been out on a bear hunt. He came home, and finding that a choice dog was gone, started the following morning to look for him. The day passed off and he did not return. His family became uneasy and a company started out to hunt for him. They had not gone far, how- ever, when they met a man named Scaggs, who had passed a mur- dered man at the mouth of Dick's Creek. The company pushed on and identified the man to be Whitley. He was dreadfully multi- lated-his bowels torn out and stretched upon the bushes, his heart in one place, and liver in another. A hole was opened, and the frag- ments gathered up and interred. This happened in 1786.
MOFFIT'S CHILDREN CAPTURED.
"Capt. Moffit lived near Clinch river, on the plantation now owned by Kiah Harman. Two of his children were attending to a sugar camp, when they were captured and taken off to the Indian towns in the west. Whether the boys ever got back is unknown, as Captain Moffit soon afterward moved to Kentucky, where some of his descendants still reside.
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HAY'S FAMILY KILLED.
"I have been unable to learn anything of the particulars of this occurrence, more than the bare fact, that Joseph Ray and his family were killed by the Indians, on Indian Creek, in 1788 or '9. It is from this circumstance that Indian Creek has taken its name.
DANIEL HARMAN KILLED ..
"Daniel Harman left his house, on the head of Clinch, on a fine morning in the fall of 1791, for the purpose of killing a deer. Where he went for that purpose, is not known, but having done so, he started for home with the deer fastened to the cantle of his saddle. Harman was a great hunter, and owned a choice rifle, remarkable for the beauty of its finish, and the superior structure of its triggers, which were, as usual, of the double kind. So strong was the spring of these, that when sprung, the noise might be heard for a considerable distance. He was riding a large horse, fleet, and spirited, and had got within a mile of home, and was passing through a bottom, near the present residence, and on the lands of Mr. William O. George, when suddenly a party of Indians sprang from behind a log, and fired on him. He was unhurt, and putting spurs to his horse, away he went through the heavy timber, forgetting all other danger, in his precarious situation. On he went, but his horse, passing too near a tree, struck the rider's knee, breaking his leg, and throwing him from his horse. In a few minutes the savages were upon him, and with their tomahawks, soon put an end to his sufferings. The horse continued his flight til he got to the house, at which were several of the neighbors, who immediately went to look after Harman. Passing near the Indians, they heard the click of Harman's well-know trigger. A panic struck the men, and running in zigzig lines, they made a rapid retreat, leaving the Indians to silently retrace their steps from the settle- ment.".
LAST HOSTILE INDIAN INVASION.
The last invasion of the territory that afterward constituted the county of Tazewell, was made by the Indians in 1792. A band of Shawnees slipped into the settlements on Bluestone, and the head of Clinch, on a horse-stealing expedition. The Indians had found it more profitable to take horses than scalps from the white men. TR .- 30
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They would take the stolen horses to Canada, where they always found a good market for the already famous horses that were being bred in the Clinch Valley. There must have been a pretty large company of Indians in this last foray they made to Tazewell, as they occupied but a little while in collecting about eighty good horses and starting on the return trip to their homes beyond the Ohio River.
The first night after starting on their return journey the Indians were encamped a short distance from the settlements; and their
Portrait of 'Squire Thomas Peery, one of the first generation born in Tazewell County. He was born Feb. 25th, 1794, and died July 2nd, 1860. The beautiful boy standing by him is his son, Thomas Ritchie Peery, who was killed in battle at Winchester, Va., in September, 1864, at the age of twenty years.
presence was accidently discovered by a white man who had been out scouting or hunting. He hastened to the Bluestone and Clinch settlements, and gave notice of his discovery to the inhabitants and the garrisons at Bailey's and Wynne's forts. Major Robert Crockett, who was then commanding the military frontier forces of Wythe County, was making his headquarters at Wynne's fort, where he had a small garrison. By noon on the day he got the information about the Indians, Major Crockett had organized two companies of mounted riflemen, one company from Bluestone, and one from the head of the Clinch. He assembled his forces at a point near what is now called the "Round House" which was built in about
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1840 by 'Squire Thomas Peery, and occupied by him as a residence until his death in 1860. Judge David E. Johnston carefully col- lected the facts connected with this, the last, incursion into Tazewell by the Indians; and, in his History of the Middle New River Set- tlements, thus relates what followed the gathering of the men to pursue the red men :
"Major Crockett moved off with his men to follow the Indians, having no time to prepare provisions for the journey. They took the route down Horse Pen Creek, and to the head of Clear fork, and down to the Tug and on to the mouth of Four Pole, then cross- ing the dividing ridge between the waters of the Sandy and Guyan- dotte Rivers. They sent Gilbert and Lusk forward to a Buffalo lick on a creek flowing into the Guyandotte, to secure if possible a sup- ply of game. It appears by the report of Major Crockett, found in the Virginia Calendar Papers, that this was on the twenty fourth day of July that Gilbert and Lusk set out for and reached the lick, where they found and killed a deer and wounded an elk, which they followed, some distance; being unable to overtake it they returned to the lick to get the deer they had killed. On passing along the Buffalo path, near which they had left the deer, Gilbert in front, discovered a stone hanging by pawpaw bark over the path. Gilbert in an instant discerning what it meant called on Lusk to look out. He had scarcely uttered the words, when the Indians fired, a ball from one of their guns penetrating the hand of Lusk, in which he carried his gun, which caused him to drop the same. The Indians immediately began to close in on them, Gilbert putting Lusk behind him, and holding the Indians off by the presentation of his gun. Gilbert and Lusk kept retreating as rapidly as they could with safety. Lusk's wounded hand was bleeding freely, and he became sick from the loss of blood, and begged Gilbert to leave him and get away; this Gilbert refused to do, saying that he promised his, Lusk's mother, to take care of him. Finally the Indians got close enough to knock Gilbert down with their tomahawks, which they did, and an Indian rushed up to scalp him, when Gilbert shot him dead, but another one of the Indians dispatched Gilbert, and Lusk became a prisoner. The Indians immediately hurried with their prisoner down the creek to Guyandotte, and then down the river to the mouth of Island Creek, and went into camp behind a rocky
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ridge called Hog Back at the present day. Major Crockett instead of following the tracks of Gilbert and Lusk to the lick, had turned to the west, and crossed a ridge onto the right fork of Island Creek, and reached and camped at a point within two miles of the Indian camp, but without knowledge of his proximity to them. During the night Lusk suffered much with his hand until an Indian went off and brought some roots which he beat up into a pulp, made a poultice, and bound his hand which afforded relief. Early on the morning of the 25th the Indians took to their canoes, which they had left at this point on their way to the settlements, and rapidly descending the river to its mouth crossed the Ohio. On reaching the northern bank, they placed their canoes in charge of some of their party and taking Lusk with them crossed the country."
Judge Johnston does not mention the fact that Major Crockett and his men overtook the Indians, made an attack upon them, and recovered most of the horses that had been stolen. Writing about what happened after Crockett and his riflemen left the Clinch Valley, Bickley says :
"They made forced marches. and came up with them (the Indians) about one o'clock at night, at what is called the Islands of Guyandotte. Some of the whites were for attacking them immed- iately, and others wished to wait till morning, when they might see. While thus in parley. the Indians in the meantime, preparing for some movement, a horse neighed; in a moment a fire was opened upon them, but to no effect. The Indians raised a yell, secured a few of the horses, and fled, leaving a good breakfast, and several dozen pairs of moccasins to be taken home as trophies by the whites. The breakfast of bears' meat and turkey was consumed by the whites, whose appetites were too keen to suffer themselves to enter into speculation as to the probable nicety of their runaway cooks."
The period of anxiety and suffering, and sorrow and tragedy, was at last ended for the pioneers. And the phantoms of fear and death, in the shape of a red man, were no longer to disturb the people on the Clinch.
Ante-Bellum, or Formative Period
4 From Organization of Tazewell County to 1861
ANTE-BELLUM, OR FORMATIVE PERIOD
CHAPTER I.
ORGANIZATION OF TAZEWELL COUNTY.
Among the many interesting events that occurred in the early history of Tazewell County, the organization of its county govern- ment is of supreme importance. The last section of the act which created the county says: "This act shall commence and be in force from and after the first day of May next," meaning the first day of May, 1800. By authority of the act, the justices who composed the county court held their first term at the house of Henry Har- man, Jr., on the second Tuesday in June, 1800.
Unfortunately, a few of the first pages of the order book of the court have been mutilated and lost. It is, therefore, impossible to give the names of all of the justices who were present and sit- ting at the first term, or to detail any of the proceedings, except from hearsay or tradition. From entries on pages of the order book, following immediately those torn off, it is made evident that the first court sitting was composed in part, if not entirely, of the fol- lowing justices: David Ward, George Peery, Robert Wallace, Wm. Neal, Samuel Walker, Henry Bowen, and David Hanson.
The act of the General Assembly directed the justices to qualify the sheriff and appoint a clerk. It is a reasonable conclusion that the justices promptly complied with these requirements of the act. James Maxwell qualified as sheriff, and John Ward was appointed clerk of the county. If other candidates offered for the clerkship, their names are unknown, owing to the mutilation and loss of the front pages of the first order book. It is also probable that the location of the county seat was selected at this, the first term of the court. Of course there was a contention over the location, as had been the case in nearly every county formed after Virginia became a state. Tradition says there was a very sharp contro- versy over the selection of a site for the county seat of Tazewell County. Two locations were offered and urged for adoption. One
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was where the town of Tazewell is situated, and the other at or near the forks of Clinch River-one and a half miles east of the present county seat. The justices being unable, or loth, to deter- mine the most suitable location, it is said that the advocates of the two competing locations agreed for each to choose a champion, and have an old-fashioned rough-and-tumble fight to settle the disputc. Tradition affirms that the champion who battled for the present site proved the better man; and here the county seat was located. This story may be a myth; but on the second day of the first term of the court, the following order was entered:
"Hezekiah Harman being appointed yesterday to lay off the land offered by William Peery and Samuel Ferguson for the use of the county made report that he had laid off twenty-three aeres and twenty-eight square poles, Ten acres and Twenty eight square poles being of Ferguson's land and thirteen acres of Wm. Peery's land, whereupon the court were unanimously of the opinion that the public buildings should be erected on the land so laid off and that William George, James Witton and John Crockett do lay off and circumscribe two acres for the purpose of building the public Build- ings for this county, and the balance of the land remain for the benefit of the County. only saving and reserving to the said Pcery four quarter acre lots out of the land he this day conveyed to the County, and reserving to the said Ferguson two quarter acre lots out of the land he this day conveyed to the County."
This order shows that the court had accepted, and unanimously ratified, the result of the fistie battle between the champions of the two communities that competed for the county seat. On the same day other orders were entered by the court, as follows:
"Joseph Moore came into court and proffered to lay of the lots for a town where the public buildings are to be erected in quarter acre lots for the price of 33 1/3 cents each, and it is ordered that William George, James Witton and John Crockett do attend as . Commissioners and direct the surveying of the lots tomorrow."
"Ordered that David Ward and Samuel Walker be Commis- sioners to contract for the building of a jail for this county, and that they do advertise the same in the most publie places to be let to the lowest bidder at next court."
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"Ordered that Court adjourn until Court in course and they will meet next Court at the place appointed for erccting the public buildings for this County."
It will be observed that no commissioners were appointed to have a court house erected, though the adjourning order of the court stated that the next term should be held at the place appointed for erecting the public buildings for the county. This seeming neglect to provide a permanent building for the courts is explained by the fact that only a temporary structure could be erected in
Col. Henry Bowen, son of Lieut. Rees Bowen who fell at King's Mountain. He was born at Maiden Spring on March 18th, 1770, and died at the place of his birth April 18th, 1850. He was one of the justices of the first county court of Tazewell, was a Captain in the War of 1812, represented the county several times in the House of Delegates, and left a splendid estate to his two sons, General Rees T. and Col. Henry S. Bowen.
the thirty days that would intervene between the June and July terms. It was determined that a temporary building should be provided by recurring to the community system adopted by the pioneer settlers when they built their cabin homes, and when all the men of a community would gather together and build the cabin of a new settler in a day. Tradition further relates that citizens from all sections of the county assembled at the chosen county seat on a certain day. They brought along their axes, broadaxes, and other tools; and cut down trees, hewed the logs and raised them
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into position, rived boards and placed them on the roof, hewed puncheons for the floor, and completed a court house for the already great county of Tazewell in a single day. Perhaps the building was rough in appearance and not very capacious, but it was a temple of justice for our worthy ancestors and served their purposes well until a permanent building was erected.
William George, James Witten and John Crockett, commis- sioners, had laid off and circumscribed two acres for the public buildings, one acre on the north side and one acre on the south side of the present Main Street of the town of Tazewell. The tem-
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porary court house was built on the lot where the Lynch building now stands, and which is occupied by Fuller Brothers with their department store. And the jail was located on the south side of the street on the lot where the St. Clair building stands, which is occupied by Will Ed Peery with his hardware store.
It must have been a very proud and happy day for the pioneers who assembled in July, 1880, to witness and participate in the dedication of the new court house, which was emblematic of the heoric struggle they had made for the founding of their county republic. The event, no doubt, brought together the entire male population of the county; and it is almost certain that many of the women and children were also in attendance. This term of the county court opened its proceedings as follows :
"At a court held for Tazewell County, July 1st, 1800, in the new court house according to adjournment of the last court.
"Present David Ward, George Peery, Robert Wallace, Wm. Neal, Saml. Walker, Henry Bowen, and David Hanson."
The justices in those days were appointed for life; and the seven who held the July term of the court had previously been appointed and served as justices of Russell and Wythe counties- David Ward, Henry Bowen, and David Hanson for Russell; and George Peery, Robert Wallace, Wm. Neal and Saml. Walker for Wythe. They, by operation of the then existing statute laws, became a part of the court for the newly erected county; and apparently had authority to organize the county before the jus- tices to be named by the governor and the state council had received their commissions. Owing to the mutilation of the order book, there is but little to be learned about the proceedings of the court at the July term, and nothing whatever of the August term.
At the September term William George, John Crockett, James Witten and Thomas Harrisson, who had been appointed commis- sioners for the purpose, reported that they had made a sale of the town lots; and they were directed, as commissioners, to convey the lots to the several purchasers.
Leave was granted John Peery, upon the return of a writ of ad quod damnum, to erect a water grist mill. After noting the execu- tion of the writ and the verdict of the jury, the order is as follows:
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"On consideration whereof & for reasons appearing to the court it is ordered that the sd. Peery have leave to build the sd. mill & Dam agreeable to the verdict returned by the Sheriff on his making good the highway that will be injured by the sd. Dam & making a slope for the passage of fish, which together with the writ is ordered to be executed."
The mill and dam were duly erected on Clinch River about a mile below Pisgah. At that time there was an abundance of fine fish in the river; and the court took the precaution to order that a slope should be placed on the dam so as to give the fish unobstructed passage up the stream.
James Maxwell had been acting as sheriff of the county under temporary appointment, but had not received his commission from the governor. The court had to recommend three citizens for the place, one of whom was to be selected by the governor for appoint- ment. In compliance with this rule the court placed upon the record the following order: "Ordered that James Maxwell, George Peery, & Robert Wallace be recommended to the govn & honl privy Council as fit and capable persons to act as sheriff of Tazewell county." Maxwell was subsequently appointed by the governor and council . and acted as the first sheriff of the county.
An order was made appointing David Ward, Samuel Walker, James Thompson and George Peery commissioners to publish notices and ask for bids for building a court house, "the said court house to be completely finished in a workmanlike manner on or before the first day of May, 1802."
Much attention was given to the public roads at this and subse- quent terms of the court. The petition sent to the General Assembly for a new county had urged that the highways had been greatly neglected by the authorities of Russell and Wythe counties. So, at the September term, 1800, the county court began to remedy the evil complained of, and at each succeeding term for several years thereafter the roads were made a matter of leading importance. Viewers for new roads and surveyors for those already in existence were appointed. There were no graded roads in the county, and the new roads that were opened were simply cleared of trees and brush, and located on the best natural grades obtainable, while those
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that crossed mountains and ridges went up a spur on one side and down a spur on the other side.
Orders entered by the court at the October term, worthy of mention, are:
"Ordered that the overseers of the poor do bind William Roberts an apprentice to William Smith according to law to learn the art and mistery of wheelright."
"Ordered that John Powers be appointed a constable in this county."
"John Peery, Joseph Davidson, Thomas Witten, William George, John Thompson, Hezekiah Whitt, Thomas Gillespie, Hezekiah Harman, & John Tollett produced a commission from his Excellency the governor appointing them justices of the peace in & for the County of Tazewell & thereupon they took the necessary oaths of office accordingly."
At the November term the following was the first order entered:
"William Hall, James Thompson, and James Brown, gents, produced a commission from his Excellency, James Monroc, Esq., Governor of this Commonwealth, appointing them justices in and for the County of Tazewell, and thereupon they took the necessary oaths of office, and thereupon they took their seats accordingly."
The county court of Tazewell County then consisted of nine- teen justices, twelve of whom had been commissioned by Governor Monroe, and seven of whom had been justices in Russell and Wythe before the territory in which they were living was formed into Tazewell County.
James Thompson, who had been appointed by the court Com- monwealth's Attorney for the county, made his first appearance for the Commonwealth at this term. The first grand-jury impanelled in the county was constituted and reported as follows:
"A grand jury, to-wit: Andrew Thompson, foreman, James Wit- ten, William Brooks, Edley Maxwell, James Sloan, Thomas Brew- ster, William Witten, William Wynne, James Moore, James Cecil, William Cecil, George Asbury, Timothy Rowark (Roark), John Young, James Lockheart, John McIntosh, William Kidd, and John Peery, Sen., being sworn a grand jury of Inquest for the body. of this County having received their charge retired to consult of their
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presentments, and after some time returned and presented as follows."
The list was not preserved, but, from the entries of the Com- monwealth's cases in the order book, it is evident there were no indictments made, and only presentments for misdemeanors. Fol- lowing the report of the grand-jury, the court granted permission for the first tavern opened at the court house, as follows:
"On the motion of William George for leave to keep an ordinary at Tazewell Court House for the term of one year it is ordered that he have leave to keep the said ordinary, whereupon he together with George Peery his security entered into and acknowledged their bond according to law."
When the court convened for the December, 1800, term, "Wil- liam George and William Peery produced commissions from His Excellency the Governor of Virginia appointing them coroners for Tazewell County."
It appears that between the ending of the November term and the beginning of the December term the name "Jeffersonville" had been given the county seat. In the order made at the November term granting leave to William George to keep an ordinary, the county court had designated the county seat "Tazewell Court House." But in an order entered the 7th of December, 1800, the court says "leave is granted Thomas Peery to keep an ordinary (tavern) at his house in Jeffersonville." The name was given in honor of Thomas Jefferson, who had just been elected President of the United States. He was then recognized as the most conspicuous and potential citizen of the United States in public life; and his splendid principles of popular government had the solid approval of the voters of Tazewell. For eighty years thereafter the county was uniformly steadfast in its support of the party which claimed to stand for the principles of government enunciated by Jefferson.
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