History of southwest Virginia, 1746-1786, Washington County, 1777-1870, Part 68

Author: Summers, Lewis Preston, 1868-1943
Publication date: 1903
Publisher: Richmond, Va. : J.L. Hill Printing Company
Number of Pages: 936


USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 68


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JOHN BUCHANAN FLOYD.


The subject of this sketch was the eldest son of Governor John and Las- titia Preston Floyd. He was born at Smithfield ( now Blacksburg, Mont- gomery county, Virginia.) June Ist, 1806. Graduated at the College of South Carolina in 1826. Studied law, was admitted to the bar in 1828. and began practise in his native county. Settled in Washington county in


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Southwest Virginia, 1746-1786.


1839. In 1847 he was elected a member of the House of Delegates from Washington county, and while a member of the House of Delegates he was elected Governor of Virginia, of which office he took charge on January Ist, 1849. The Washington monument, which graces the public square in Rich- mond, was authorized and commenced during the term of office of Governor Floyd. The corner-stone was laid on the 22d of February, 1850, in the pres- ence of a large concourse of people, among the num- ber being Zachary Taylor, President of the United States. Governor Floyd was elected a member of the House of Delegates from Washington county in 1855, served as a presidential elector in 1856, was appointed Secretary of War in the Cabinet of James Buchanan in March, 1857, and served until John B. Floyd. December 20th, 1860, when he resigned and became an earnest advocate of secession. He was appointed brigadier-general in the Confederate States army on May 23d, 1861, and served with distinction through the war. He was chief in command at Fort Donaldson when it was besieged by General Grant, but made his escape from the fort on February 15th, 1862, with 3,000 men. He was commissioned a major-general by the General Assembly of Virginia, and was authorized to raise a division of troops from among the classes not embraced in the con- scription acts of the Southern Confederacy. He died August 26th, 1863, at Abingdon. He married in early life Sarah Buchanan Preston, daughter of General Francis Preston, and died without issue. His remains were interred in Sinking Spring Cemetery, Abingdon, Virginia.


JUDGES OF THE COURTS.


SUPERIOR COURT OF LAW.


JUDGE PETER JOHNSTON.


1811-1831.


The subject of this sketch was a son of Peter and Martha Johnston, of "Longwood," Prince Edward county, Virginia. He was educated at Hamp- den-Sidney College, receiving a classical education. At the age of seventeen he ran off from his home and joined Lee's Legion. Was made a lieutenant. In 1782 he resigned from Lee's Legion, joined the Light Corps formed by General Greene, and was adjutant, with the rank of captain. Upon the close of the Revolutionary war he returned to his father's home, studied law, and practised his profession in Prince Edward and the adjoining coun- ties. He was elected a member of the Virginia House of Delegates several times, and was a member at the time of the celebrated resolutions of 1798- 1799, and the speech that he made upon this occasion was considered so able


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that it was published in full in the Register, then the leading paper in the United States. In 1811 he was elected a judge of the General Court and assigned to the Prince Edward Circuit, but he ex- changed circuits with Judge Wm. Brockenbrough, who had been assigned to the Southwest Virginia Circuit, and came to Abingdon to live, and for twenty-one years lived at "Panicello," one-fourth of a mile east of Abingdon, and presided over the Superior Court of Law for this district with dis- tinguished ability for more than twenty years. He died December 8th, 1831, and was buried near his home, in this county. He was commissioned a brigadier-general by the Legislature in early life, Judge Peter Johnston. and left a distinguished family of children. His wife, Mary Johnston, was the daughter of Valen- tine Wood and Lucy Henry, his wife, a sister of Patrick Henry and a woman of distinguished ability. The names of his descendants were John W. Johnston. Peter Carr Johnston, Edward Johnston, General Jos. E. John. ston, Beverly Randolph Johnston, Chas. C. Johnston, Benjamin Johnston, Mrs. Jane C. Mitchell and Algernon Sidney Johnston.


CIRCUIT SUPERIOR COURT OF LAW AND CHANCERY.


BENJAMIN ESTILL.


1831-1852.


The subject of this sketch was the son of Benjamin Estill and Kitty Moffett, who settled upon 1.400 acres of land that they purchased from Colonel Wm. Christian at Hansonyille (now in Russell county, Virginia,) on January Ist, 1779. Benjamin Estill, Jr., was born on this farm on the 13th day of March, 1780. He received an aca- demic education. Studied law, was admitted to the bar, and settled in Abingdon. He became the Attorney for the Commonwealth for this county, and filled the position with distinguished ability for many years. He was elected a member of the Legislature from Washington county ; proposed and advocated the formation of the county of Scott, and gave to the county its name. He was a great admirer of Winfield Scott, with whom he agreed in politics, and thus sought to honor him. Benjamin Estill. To the new county seat was given the name of Estillville (now Gate City). Such was the popularity of Benj. Estill that in the year 1825 he was elected to the Nineteenth Congress of the United States from this district, receiving nearly every vote cast, and serving from


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Southwest Virginia, 1746-1786.


1825-1827. Upon the reorganization of the courts of the Commonwealth, in the year 1831, he was elected a member of the General Court and as- signed to the Fifteenth Judicial Circuit, composed of the counties of Lee, Scott, Russell, Washington and Tazewell, and served with distinguished ability in this capacity until the year 1852, when he resigned his office and moved to a farm in Oldham county, Kentucky, where he died and was buried, his death occurring on July 14th, 1853. Judge Estill was six feet four inches in height, broad-shouldered and of striking appearance, and is said to have been the most eloquent man this county has produced in its history. Persons now living make the statement that the citizens of Abing- don would close their business houses and crowd the courthouse on the first day of his court to hear him deliver his charge to the grand jury, such was his eloquence and attractiveness. While judge of the Circuit Court he lived in the residence now occupied by Thos. W. White, on Main street, Abingdon, Virginia, until 1844, and subsequently thereto on a farm about one mile west of Jonesville, Virginia, on the Mulberry Gap road, and now owned by Judge Morgan. Fifty years have passed since Judge Estill ceased to move among the people of Southwest Virginia, still his strong and powerful mind, his piety, patriotism, eloquence, gentle manners and transcendant legal abilities are fresh in the memory of our people, and the position attained by him in the front rank of the men of Southwest Virginia has not been questioned with the passing of the years. Of him it may be truly said :


" The sweet remembrance of the just Shall flourish when he sleeps in dust."


What better evidence of the true merit of the man? What a tribute to his memory.


JUDGE SAMUEL V. FULKERSON.


The subject of this sketeh was the son of Abram Fulkerson and Margaret Vance, and was born at his father's farm (now the John E. Burson farm), in the lower end of this county, in the year -, but was principally reared in Grainger county, Tennessee. He enlisted as a private in Colonel McClelland's regi- ment in the Mexican war, and served throughout the war with distinction. Studied law and began the practice of his profession at Estillville in 1846. Was elected a member of the Constitutional Convention of 1850. Was elected judge of this circuit, defeating Jos. Strass, of Tazewell county, in the year 1856, and served until the spring of the year 1861, when he was elected and commissioned colonel of the Thirty- seventh Virginia Regiment of Infantry, and com- manded this regiment until June 27th, 1862, when he Judge S. V. Fulkerson. fell mortally wounded whilst gallantly leading the Third Brigade in a bold and splendid charge upon one of the enemies' strong positions on the Chicka- hominy. He died on the following day, and his remains were interred in the Sinking Spring Cemetery, Abingdon, Virginia. His career, in the words


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of another, was bright, brief and useful, and his name deserves to be in- seribed in the catalogue of the names of the gallant men who died for their country. Judge Fulkerson was never married.


JOHN A. CAMPBELL.


The subject of this sketch was the son of Edward Campbell. Was born at Hall's Bottom, in this county, in the year 1823. Educated at the Abing. don Academy, Emory and Henry College and Vir- ginia Military Institute. Studied law, and was licensed in 1846. Was a Whig candidate for the Legislature from Washington county in 1852. Member of the Secession Convention of 1861. Com- missioned colonel of the Forty-eighth Virginia Regi- ment of Infantry in 1861. Wounded at Winchester, Virginia, in 1862. Was elected judge of this circuit in 1863, and served till 1869 with distinguished ability. Was president of Board of Trustees of Emory and Henry College for seventeen years. He John A. Campbell. was a patriot and the peer of any lawyer that prac- tised at this bar during the many years of his life. He married Mary Branch, daughter of Peter Branch, and died without issue- June 17th, 1886.


JUDGE JOHN A. KELLY.


The subject of this sketch was born in Lee county. Virginia, June 233, 1821. He spent his early life carrying the mail and acquiring an education. At the age of sixteen he was employed in the clerk's office of Russell county. and with the assistance of the Rev. James P. Carroll, clerk of the Russell court, he attended Emory and Henry College. He taught school in Smyth and Giles counties, and while teaching in the latter county he studied law under Samuel Peck, with whom he afterwards formed a partnership. Was ad- mitted to the bar in 1843. Was cashier of the North- western Bank of Virginia from 1854 until after the war. After the war he removed to Smyth county and formed a partnership with Judge Robert A. Richard- son, and enjoyed a lucrative practice. Was elected a member of the Legislature from Smyth county in 1869; in February, 1870, was elected judge of the Sixteenth Circuit; assumed this office on April 23d, 1870, and continued to discharge the duties thereof Judge Jno. A. Kelly. until 1894, when he declined a reelection, Judge Kelly was excellently fitted for the duties of this office, and for nearly twenty-five years was diligent, upright and learned in the discharge of the duties of his position. He died at Marion, Virginia, November 17th, 1900.


Southwest Virginia, 1746-1786.


JUDGE JOHN PRESTON SHEFFEY.


The subject of this sketch was the son of James White Sheffey and Ellen Fairman Preston, his wife, and was born at Marion, Virginia, December 12th, 1837. He graduated at Emory and Henry College in June, 1857. Studied law at the University of Virginia 1858-'59, and began the practice of law in 1859. Enlisted in the Confederate army, served as second and first lieutenant, and was elected captain of Company "A," Eighth Regiment of Vir- ginia Cavalry, at the reorganization in 1862; was taken prisoner at Moorefield, Virginia, August 7th, 1864, and confined in Camp Chase, Ohio, until February, 1865; was exchanged, and afterwards joined his company at Appomattox. He resumed the practice of his profes- sion, and continued until January Ist,- 1895, when he assumed the duties of judge of the Sixteenth Circuit of John P. Sheffey. Virginia, to which position he had been elected by the General Assembly of Virginia. Was a member of the Legislature from Smyth county 1893-'94, and several times a member of the Council of Marion, Virginia. Was married June 19th, 1863, to Miss Josephine Spiller, and has seven children, all living.


JUDGE FRANCIS BEATTIE HUTTON.


Was born two miles south of Emory and Henry College, this county, January 28th, 1858. Is a son of Dr. A. D. Hutton. Was educated in the public schools of the county, Liberty Hall Academy, and Emory and Henry College, graduating therefrom June, 1877. He read law under Judge Wm. V. Deadrick, Blountville, Tennessee, and General A. C. Cummings, Abing- don, Virginia, and at the University of Virginia. Was admitted to the bar in 1880, and has prac- tised his profession in Abingdon, in partnership at first with Professor Jas. H. Gilmore, of Marion, and afterwards until the present time with Martin H. Honaker. Was elected judge of the County Court in December, 1885, which position he resigned in October, 1886, to accept the position of Assistant United States Attorney for the Western District of Virginia, to which position he was appointed by President Cleveland. He resigned this position upon the election of President Harrison, and was elected Francis B. Hutton. Commonwealth's Attorney of Washington county in May, 1891, by 2,700 majority. He was elected judge of the Twenty-third Judicial Circuit of Virginia February 12th, 1903.


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Washington County, 1777-1870.


COUNTY JUDGES.


REUBEN MURRELL PAGE.


Reuben Murrell Page was born at Abingdon. May 7th, 1843. In May, 1861, went into the Confederate army as a member of the Washington Mounted Riflemen ( under command of Captain, afterwards General, Wil- liam E. Jones), which company became Company "D" of the First Regi- ment of Virginia Cavalry. Was severely wounded near Newtown, in Frederick county, November 12th, 1864. Was licensed as a lawyer in February, 1868, after reading law in the office of Campbell & Humes from the fall of 1865 and serving as deputy clerk of the County Court, under Major Jas. C. Campbell, for about fourteen months. Was mar- ried November, 1868, to Miss Mary Crawford, of Abingdon. Was the first county judge of Wash- ington county, being chosen to said position in April, 1870, and reƫlected in 1873, continuing in that office until the beginning of the year 1880. Reuben Murrell Page. Was Grand Master of Masons of Virginia, Decem- ber, 1881, to December, 1883. In 1881 became associated with Colonel Abram Fulkerson in the practice of law, under the name of Fulkerson & Page, which law firm afterwards became Fulkerson, Page & Hurt.


JUDGE GEO. W. WARD, JR.


Son of Geo. W. Ward. Born at Winchester, Va., July 31st, 1847. Edu- cated at the Virginia Military Institute. Took part in the battle of New- market in May, 1864. Studied law in the law school of Judge Richard Parker at Winchester and at the University of Vir- ginia. Licensed to practise law, and settled at Spring- field, Missouri, in the year 1872. Came to Abingdon in 1874, began the practice of his profession, and became the editor of the Abingdon Virginian. In the year 1880 he was elected judge of the County Court of this county, which position he resigned before the expira- tion of his term. He subsequently filled the office of Commonwealth's Attorney, and was thereafter twice elected county judge, which office he held at the time of his death. He became ill of pneumonia, and died on the 21st day of January, 1897. Judge Ward was a scholarly man, was able and energetic, and was recog- Geo. W. Ward, Jr. nized as an accurate, painstaking and honest lawyer. He married Miss Rosalie Preston, daughter of the Hon. Walter Preston, who, with her son and daughter, survived him.


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Southwest Virginia, 1746-1786.


JUDGE DAVID CAMPBELL CUMMINGS.


David C. Cummings.


Son of David C. and Eliza White Cummings. Born June 23d, 1861, in Abingdon. Served as deputy clerk of the County Court of Washington county from April, 1882, to July 1st, 1887. Was elected clerk of the County Court of Washington county, and served as such from July 1st, 1887, to February 1st, 1897. Commissioned judge of the County Court of Wash- ington county February Ist, 1897, and at the present time occupies this position. For many years a com- missioner of accounts, and served as president of the Board of Directors of the Southwest State Hospital, Marion, Virginia, from 1894 to 1898.


MEMBERS OF CONSTITUTIONAL CONVENTION.


EDWARD CAMPBELL.


Son of John Campbell, of Hall's Bottom. Received an academic educa- tion. Studied law and was admitted to the bar. Served as Commonwealth's Attorney for Washington county for many years. Elected a member of the Constitutional Convention 1829-'30. Brother of Governor David Campbell and an uncle of Governor Wm. B. Campbell, of Tennessee. He left several sons, who became distinguished in their several spheres, to-wit: Judge John A. Campbell, Jos. T. Campbell, and Dr. E. M. Campbell.


COLONEL WM. BYARS.


Was born November 18th, 1776. A man of moderate education, but of fine judgment, made accurate by close observation, he by diligence and excellent management of farm- ing operations accumulated wealth, much of which he used in founding and promoting the interest of Emory and Henry College and for the public good in general. He was a leading member of the Board of Trustees of Emory and Henry College for many years. Member of the House of Dele- gates from Washington county 1809-1812. Can- didate for Congress 1833. Died February 14th, 1856. Was a member of the Constitutional Con- Col. Wm. Byars. vention of 1829-1830.


CONNALLY F. TRIGG.


The subject of this sketch was born in Abingdon March 8th, 1810. Studied law, became a lawyer of eminent ability, and had but few equals at the


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Washington County. 1777-1870.


bar. Was elected clerk of the Circuit Court of Washington county, May 12th, 1838. Candidate for Congress in 1855. In 1856 he removed to Knox- ville, Tennessee, where he was soon recognized as the peer of any lawyer at the bar. He was appointed July 2d, 1862, by President Lincoln to the judgeship of the United States Circuit and District Courts of Tennessee. By his firmness and decision upon the bench he did much, if not more than any other one person in Tennessee, in quieting the turbulent ele- ments of the State during the terrible days of recon- struction. He died at his home, a few miles south of Bristol, Tennessee, April 25th, 1880, and was buried at Abingdon. Was elected a member of the Consti- tutional Convention of 1850-1851. Connally F. Trigg.


JOSEPH T. CAMPBELL.


Son of Edward Campbell, of Hall's Bottom. Born at Hall's Bottom, in this county, in the year 1827. He was educated for the law, and settled and practised his profession at Abingdon. He took an active part in the war between the States. Became adjutant of the Thirty- seventh Virginia Infantry. Was elected Common- wealth's Attorney of Washington county, and served from 1862 to 1865. Was a member of the Constitutional Convention 1867-'68. Was educated at the Abingdon Academy, University of Virginia 1846-'48. Died. April 16th, 1878, at Abingdon.


BENJAMIN RUSH FLOYD.


Was born December 10th, 1811, in Montgomery county. Was a son of Governor John Floyd and a Joseph T. Campbell. brother of Governor John B. Floyd. Was educated at Georgetown College, D. C., in 1832. graduating with the first honors of his class. Studied law and practised at Wytheville, Virginia, for many years. A member of the Virginia House of Delegates 1847-1848. Member of the State Senate from this district 1857-1858. Member of the Constitu- tional Convention from this district 1850-51. Defeated for Congress by Elbert S. Martin 1859, and died in Washington, D. C., February 15th, 1860.


THOMAS M. TATE.


Was born in Rich Valley in 1801. Son of Chas. Tate and Mary Tate, who was a daughter of General Wm. Tate, who was a general in the Revolu- tionary army. His father lived near Broad Ford (now in Smyth county, Virginia ). He was by profession a physician. Sheriff of Washington county. Was several times a member of the Legislature from Smyth county. Was a member of the State Senate from this district in the years 1852 1857. Was appointed Sixth Auditor in the Postoffice Department by Presi


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Southwest Virginia, 1746-1786.


dent Buchanan, and served until Lincoln was inaugurated. He was a mem- ber of the Constitutional Convention in 1850-1851.


PRESTON WHITE CAMPBELL.


Son of Edward and Ellen White Campbell. Born in Abingdon in the year -. Was educated at the Abingdon Academy and the University of Virginia. Read law under Judge F. B. Hutton and at the University of Virginia. Was licensed to practise law in 1896, and settled at Abingdon. Was elected a member of the Constitutional Convention of 1901- 1902.


JOHN C. SUMMERS.


Son of Andrew Summers and Oliva Wirt Hawkins, his wife. Was born at Gap Mills, Monroe county, West Virginia, February 1st, 1841. Was educated at Emory and Henry College and the University of Vir- ginia. Was licensed to practise law in 1860. En- Preston W. Campbell. listed as a private in the Monroe County Invincibles in the spring of 1861, and took part in the battles of Scarrie Creek and Sewell's Mountain. Was elected major of the Sixtieth Virginia Regiment at the reorganization in 1862, was made lieutenant-colonel in 1863, and was commissioned a colonel in the Provisional army in 1864. Was under the command of Generals Field and A. P. Hill in the battles around Richmond. In the absence of the colonel, he commanded the Sixtieth Regiment at the battle of Cold Harbor, and when night came on, being hard pressed by the enemy, he charged them with bayo- nets. The conduct of the regiment at this time was observed by General Hill in person, and on the fol- lowing day the Secretary of War for the Confederate States ordered cross bayonets to be inscribed upon the flag of the regiment. Was captured at Moore- field in 1864, and imprisoned at Camp Chase, Ohio, until July, 1865, when he was released. In March, 1866, he married Miss Nannie M. Preston, daughter of John F. Preston, of this county, and in the same year settled in this county and began to practise his profession. Was elected Commonwealth's Attorney John C. Summers. of Washington county, and served from 1887-1891. Was elected a member of the Constitutional Convention of 1901-1902, receiving a majority of 498 votes over J. H. Winston, Democratic nominee in Washington county, and a majority of 157 in the district.


Washington County, 1777-1870.


COMMONWEALTH'S ATTORNEYS.


SAMUEL LOGAN.


Born October 19th. 1799. Educated for the law. Settled at Abingdon. where he practised his profession. Was Commonwealth's Attorney for Washington county for more than fifteen years. He died at Prince Edward Courthouse, Virginia, July 15th, 1855. He was an excellent citizen and a lawyer of distinguished ability.


GEORGE EAKIN NAFF.


Was born at Jonesboro. Tennessee. July 3d. 1829. Educated at Emory and Henry College. Won the Robertson prize medal in 1847. in his junior year. having John Goode, Wm. E. Peters, Everett, Clayton, Ridgeway, et als., for competitors. Studied and prac- tised law until 1855, when he took charge of a female college at Athens, Alabama. Was elected to the presi- dency of Soule Female College, Murfreesboro, Ten- nessee, in 1858, which position he held until 1862, when he died of erysipelas. In 1850 he married Mar- garet Elizabeth Hope, of this county. Was appointed and served as Commonwealth's Attorney for this county in 1855, upon the death of Samuel Logan.


JOHN HENRY ERNEST.


John Henry Ernest was born May 7th, 1825, in Hanover county, Virginia, and died at his home,


George E. Naff.


Brook Hall, in 1868. He graduated at William and Mary College in 1847, and married Amanda J. Byars, daughter of Colonel Wm. Byars, of this county. He was elected Commonwealth's Attorney for Washington county in 1855, and served until 1863. Was provost marshal at Abingdon for two years during the war. After the war he retired to his farm and devoted himself to farming. On March 3d, 1868, while directing some laborers on his farm who were moving a log, he was crushed by the log and killed. Colonel Ernest's pastor John Henry Ernest. says of him: "The writer of these lines knew him well, and does not hesitate to say that he never knew a more liberal, kind-hearted and humane man. His liberality dispensed with the most profuse and lavish kindness the carnings of his


Southwest Virginia, 1746-1786.


own labor. When the war ended he found a poor man in the mountains who had lost an arm in the service. Instantly his generous heart was moved with pity, and he clothed him in genteel apparel, sent him to college, and assumed the whole cost of his education."


REES B. EDMONDSON.


The subject of this sketch was born in Tazewell county, and died in the city of Washington on February 13th, 1901. He was a lawyer by profes- sion, and practised in Abingdon, Virginia, Mem- phis, Tennessee, and Washington, D. C. Entered the Confederate service as second lieutenant, and served throughout the war. He was elected Com- monwealth's Attorney of Washington county in 1865, and served for several years.


JOHN L. ROWAN.


Son of Colonel John M. and Virginia Summers Rowan. Was born in Monroe county, West Vir- ginia, February 25th, 1862. Graduated at Wash- ington and Lee University in June, 1883. Prac- Rees B. Edmondson. tised his profession in Abingdon for several years. Was appointed Commonwealth's Attorney for the county, and served in that capacity for some time. Removed to Union, Monroe county, West Virginia, where he has since practised law, serving as prosecuting attorney for that county for a number of years.




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