USA > Virginia > Frederick County > Frederick County > Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia. > Part 20
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The clerks were Joseph Kean, W. G. Single- ton. Since the latter's term closed by the Civil War, the courts were reorganized: E. S. Brent, Clerk, 1865; James B. Burgess, 1871; J. A. Nul- ton, 1881 ; Wm. L. Clark, Phil H. Gold.
The judges of the Circuit Courts under the constitution of 1850, appointed a Commonwealth's attorney for their Districts, who attended the Judges around their circuits. The Old Justices Court appointed same officer generally to serve in their courts.
This Circuit Court tried many famous cases during the term of Judge Douglas. The old minutes afford interesting reading and study; but want of space forbids their mention here.
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THE OLD JUSTICES' COURT
After Judge Parker's appearance in 1851, one of the cases tried by him in Nov., 1851, was known on the docket as Bennett Russell vs. Negroes Juliet, etc. This case had tortuous course through the courts-many hearings, and was not closed until Feby. Term, 1856. The plaintiff was the son of Bennett Russell, who by several clauses in his will, provided for the eman- cipation of a large family of his slaves. Russell lived in Clarke County; the case was ably con- ducted on both sides; the legal lights from Clarke and Frederick attracting large crowds of people at every trial, and was one of the most hotly contested cases heard in our courts. The Rus- sell heirs sought to annul the will, while the negroes through their able counsel, met the issue in a determined way, holding that the will plain- ly indicated what the jury should do. The case was started in the Clarke Court, but by agreement was transferred to Frederick. The Court ruled that the jury should pass upon the facts relative to certain clauses of the will, and no more. Counsel for plaintiff strove to prove the clauses were too vague and indefinite, and should not be regarded as binding upon the executors. Coun- sel for defendants urged the execution of the in- tention of the testator. The jury, after many days of patient attention to testimony, and the able arguments of counsel, rendered a verdict favorable to the negroes. They considered the emancipation clauses sufficiently plain, and the will should stand. The Court ordered the will to be recorded in Clarke County, and let the case rest. The executors resorted to delays, and the negroes waited long for their freedom.
The trial of Thomas Cain for rape, which started in 1850, and was concluded before Judge Parker, was a famous case and created much feeling in the community. Men of to-day well remember the epithet Wicked Cain, that was ap- plied to this man, who expiated his crime by a term in the penitentiary.
At the June (15) Term, 1856, the famous mur- der trials of Spurr and Copenhaver was before the Court. The Grand Jury indicted Wm. H. Spurr and Andrew Jackson Copenhaver for the murder of Isaac Smith. Smith lived at the mill property South of Winchester now owned by the paper mill company. On his visit to Win- chester on a certain night, he entered the old Massie Tavern, just South of the Presbyterian Church on Loudoun Street, where he met the accused men. There was some drinking, and then a quarrel, which resulted in the killing of Smith. Spurr stabbed him fatally, and Copen- haver, using brass knuckles, struck the blow that felled their victim. They then rushed from the house; Spurr disposed of the dirk, which was
afterwards found, while Copenhaver flung his knuckles on the roof of J. B. T. Reed's residence on opposite side of the street. The only witness to the tragedy was Jacob W. Kiger the young bartender. Through him it was learned who committed the fatal act. The two men were ap- prehended and promptly brought before the Court. They were arraigned and the same day indicted for the murder. They waived all tech- nical delays and elected to be tried separately ; and, strange to say, the case was called the next day. Spurr was tried first; he had secured the services of Mr. Robt. Y. Conrad and his partner, J. Randolph Tucker. Fred W. M. Hol- liday was Commonwealth Attorney. The jury in the box were the following well known men: John Cather, George Kern, Solomon Pitman, Alfred Clevenger, Jas. W. Sibert, James Lewis, Alfred Garrett, Robt. B. Smith, Jeremich D. Smith, Jno. W. Muse, Martin B. Muse and Henry Crumly. Intense excitement prevailed every- where. All could see that the young attorney for the Commonwealth was impressed with his responsibility. Ambitious, courageous, possessed of remarkable mental and physical ability, and with a strong case, he was well aware the con- test was to be one that required all he had. He knew the able counsel for the defense, Mr. Conrad, was acknowledged by all to have no superior, and perhaps no equal, for the conduct of such a serious case. The quiet demeanor of this able lawyer was enough to disconcert an enthusiastic prosecutor like Holliday; and when his eye rested upon the brilliant Tucker then in his prime, he knew he had to contend with weighty strokes from Conrad and the marvelous eloquence of Ran Tucker. The recollection of this trial enables the writer to recall the picture vividly; the handsome figure and manner of young Holliday attracted attention from all. The court room was crowded in every conceivable way-the bar full of the men who made the Win- chester bar famous for so many years. The pa- thetic side to the picture were the venerable fa- thers of the prisoners and the murdered man. Mr. Spurr sat near his boy, and old Mr. Jonathan Smith sat with bowed head near the man who was expected to convict the slayer of his son. Smith was noted for his towering form and warm temperament. The sympathy of the people was with the father of such a son, stricken down in the prime of such remarkable manhood. At the close of the first day's trial, the Sheriff, Wm. D. Gilkeson, and his three deputies, Robt. M. Cartmell, Wm. D. Gilkeson, Jr., and James Gilkeson, were sworn to take the jury in their custody and return them to court the next morning, and not allow them to
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CARTMELL'S HISTORY
hold communication with any person. Every day, then, until the conclusion of the trial, there was no abatement of interest. The wea- pons and bloodstained clothing were all arrayed before the jury in Holliday's dramatic style. The spectators were aroused; intense feeling prevail- ed, requiring constant vigilance of the officers to restrain. As may be supposed, the argument was the great feature; and seldom if ever had the old court room heard such eloquence. The im- pressions made on the youths of that day as they watched the parries and thrusts of the skill- ful trio and heard the pathetic pleadings of coun- sel for the prisoner, laid the foundation for the reputation that Ran Tucker had as an orator, which never left him.
June 21st, 1855, the jury handed in the verdict : "We, the jury find the prisoner guilty of murder in the second degree and fix his punishment at 18 years in the penitentiary.
(Signed) JOHN CATHER, Foreman."
Andrew Jackson Copenhaver was put upon his trial for same offence immediately at the con- clusion of Spurr's. A jury was in waiting; ad- ditional counsel employed by old Mr. Smith to assist the Commonwealth. Senator James M. Mason appeared in the case, and Mr. Philip Wil- liams appeared with Conrad and Tucker for the prisoner. The following persons composed the jury: Moses Nelson, H. B. Pitzer, Daniel Car- ver, Samuel Roland, Solomon Glaize, Wm. Frieze, Elijah Shull, Geo. H. Lewis, Martin Frieze, Thos. S. Sangster, Martin M. Adams and John Ewing.
The case was conducted along the same lines as the one just closed; the two new lawyers- both distinguished for their legal ability, ably assisted in the trial, which continued for eight days. Mr. Conrad and Senator Mason had many legal tilts on admissibility of evidence; and it was remarked by many that Mr. Conrad gained rather than lost ground. Mr. Williams made himself famous in his cross-examination of the witness Kiger, and wrung from him an admis- sion that Copenhaver had some degree of pro- vocation. These great lawyers were attractive in every line of the case; and when the jury returned the verdict late in the evening of the 29th of June, none were surprised at this finding : "We, the jury find the prisoner guilty of mur- der in the second degree and fix his punishment for the term of 15 years in the penitentiary."
The prisoners were sentenced on the 2d of July, and hurried away to Richmond. The Court named two guards to assist Deputy Sheriffs Cartmell and Gilkeson to conduct the prisoners safely to the penitentiary. Some one may ask,
did the prisoners serve their terms which would extend through the War that ended in 1865. We answer no. There has always been some mys- tery about the sequel of these celebrated cases. Mr. Tucker was soon called to Richmond as Attorney General for Virginia, Henry A. Wise being Governor; and during his term, he granted a pardon to both prisoners. Spurr and Copenhaver became useful citizens during the remainder of their lives, which terminated a few years ago. All the jurors, officers of court and every mem- ber of the Winchester bar living at that period, have long since passed beyond earthly tribunals.
The Circuit Court had concurrent jurisdiction with the Justices' Court in what was called Naturalization of Aliens. This occasioned much confusion, and often men lost their right to vote because their names did not appear in pro- ceedings of the County Court. The majority of such cases were disposed of in that Court, and it was natural some politicians would con- clude it was the only court where evidence could be found to sustain the claim. The writer deems it desirable to give the names of a few well- known citizens in their day, of this class. At the Nov. Term, 1851, Robert Hamilton and Pat- rick Brady, natives of Ireland, and Henry Kin- zell, native of Darmstadt, Germany; and May I, 1852, John Kater of Scotland, Patrick Moore, Dennis and Michael Saunders of Ireland, James Donaldson and Thos. Dixon of England, and Andrew Mccarthy of Ireland.
At the June Term, 1855 are several interesting minutes of this character : John Kerr of England, Robert Steel of Scotland, James Tipping of Ire- land, Samuel Hardy of Great Britain (son of Charles, was born in Britain), John Wild of Ba- varia. Of this number, Robert Steel proved that he declared his intentions in the Justices' Court May 15, 1839; John Kerr satisfied the Court that he many years previous declared his intentions to become a citizen, but the evidence of the date could not be produced : the Court, however, final- ly admitted him to full citizenship. James Tip- ping produced proof that his declaration was entered Nov. 2, 1840; Samuel Hardy proved that he was a minor when he arrived in America and he was now 36 years of age.
At the Nov. Term, 1855, Alexander Steel of Scotland and Michael Hassett of Ireland receiv- ed their papers. This may suggest to some reader one mode to discover something about his ancestor that would be of interest.
At the June Term, 1858, we find the Cir- cuit Court spending many days over the trial of another murder case. This was the notable case of James Catlett alias Jim Wells, a well known negro of the County, who killed Sam
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THE OLD JUSTICES' COURT
Brock an inoffensive and much esteemed negro of the town. Catlett was found guilty of mur- der in the first degree, and sentenced June 26th to be hung. Lewis A. Miller, Sheriff, and his deputy John G. Miller, erected the gallows in the jail-yard and executed the order of court Au- gust 6, 1858.
At this Term the Grand Jury indicted quite a number of free negroes for remaining in the State without lawful permission. At that time a law on our statute books required all free negroes to report to the Clerk for registration, and then to obtain certificates from the court to remain for one year only, when they were re- quired to repeat the process. If they could prove good character and were in the employ of some responsible person, they were allowed to remain. In the southern end of the County there was one family that gave much trouble from their influence among the slaves. Mundy Robinson and his large family were indicted, and this led to the indictment of many others. These cases remained on the docket until the Civil War vir- tually closed all proceedings.
At the June Term, 1859, John McVicar was naturalized. This man became a noted scout for Stonewall Jackson, as will be more fully shown. At this Term we find that Powell Conrad, Lewis N. Huck and Charles L. Ginn were admitted to practice law. Margaret Lucas, a free negress, as the minute reads, was convicted of murder in second degree.
In the Spring of 1861, the Court tried - Rob- inson for murder. She was one of the Mundy Rob- inson free negroes mentioned above. This woman was employed by Benjamin Cooley, who then lived at Belle Grove. She murdered Mrs. Cooley while the two were in the meat house, using a meat cleaver. The woman was promptly tried; the verdict was "guilty of murder in the first degree." The prisoner was remanded to jail without being sentenced. Her counsel, Col. Richard E. Byrd, moved the court to set aside the verdict. During the same Term, the prisoner was brought into Court. As sentence was being pronounced, Col. Byrd raised a point of law that brought the Court to a standstill and every mem- ber of the bar to their feet. Col. Byrd announc- ed to the court that the prisoner raised no ob- jection to the verdict of the jury; but did object to any judgment of the Court that would en- danger the life of the unborn child. Col. Byrd's law was sound, but evidence must be produced to the Court that such conditions existed. Old authorities were produced; and the Court being satisfied as to what course to pursue, ordered a jury of eight women to be summoned by the Sheriff to appear forthwith in court, to be sworn to visit the jail and enquire into the prisoner's
condition, and report their verdict to the court. When the writ de ventre inspiciendo was issued, old attorneys declared it was the first to issue in Virginia; and the author has never found in any court in the State any record of such issue. Our old friend John G. Miller was sheriff. With his usual promptness, he proceeded to execute the strange writ, while the Court and, anxious spectators awaited results. Mr. Miller returned after an hour's absence, greatly excited, declaring he could find no woman who would obey his summons, and that some of the Potato Hill wo- men threatened him with bodily harm. He was informed by the Court that he and his deputy must execute the order at once. Mr. Miller stat- ed that his deputy, James B. Russell, was out of town, and that he would resign before he would endure another experience. The Court announced that his resignation would not be accepted until he had executed the writ; the jury was summoned, and after due deliberation re- turned their verdict: whereupon the prisoner was remanded to jail without sentence; and we may add, she was never executed. Pending the occupancy of the town by the first Federal troops, this prisoner disappeared.
At the November Term, 1858, Washington G. Singleton made first appearance as Clerk of this Court.
November 16, 1860, this minute appears and is given as a sample of the action of Court relat- ing to this class of persons :
"Mary Phelps a free negro woman," filed her petition to be reduced to slavery. Notice was posted at the front door of the court house for one month, that she would move the Court to direct that she and her children become the prop- erty of the wife of John Avis. The emancipated slaves were required to remove to some free State; failing to do this from choice, by reason of their attachment to the white family who had been their owners, they selected some member of that family and secured permission to return to their former state of slavery. This indicates how the old slaves regarded their owners,- prefering to remain with those they loved rather than enjoy the boon of freedom in a strange land where the people did not understand the relations between master and slave.
At the Nov. Term, 1861, James Shipe was tried for the murder of Henry Anderson, of Winchester, Va. The murder occurred in an old stone house on the farm near the old Gold homestead now the property of Phil. H. Gold. Anderson was fatally stabbed with sheep shears. Dr. G. L. Miller informed the writer that this was his first case, and he used a knife to cut the weapon from the body. Shipe was sentenced to 18 years in penitentiary.
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CHAPTER XXII
Banks, Etc.
The financial panic experienced by Virginia during the Revolutionary War and for several years subsequent thereto, caused the busi- ness men and statesmen to consider the sub- ject, so as to avoid a repetition of such troubles to the commercial life of the State. Much time and several sessions of the Assembly were frittered away before a solu- tion of the difficulty found favor. At last, in the Winter of 1804, the General Assembly set- tled upon the plan of having their first Bank, styled The Bank of Virginia, to be established at Richmond; capital stock not to exceed $1,- 500,000.00, divided into shares of $100 each. Sub- scriptions to be opened at Richmond the first Monday in May next, in Norfolk, Petersburg, Fredericksburg, Winchester, Staunton and Lynch- burg on same day, each point being limited in number of shares-Winchester's quota being Five hundred and twenty-five shares. Commis- sioners were named to superintend the issuance of the shares: Hugh Holmes, Edward Smith, Robt. Mackey, Adam Douglas, Wm. Davidson, John Ambler, Archibald Magill and John Mil- ton were named for Winchester. This stock was quickly taken and the scheme was satisfactory. The infection seemed to spread rapidly, for we find the Farmers Bank of Virginia was incor- porated Feby. 13, 1812 (during the war period, it will be observed) ; Richmond to be the place of location; shares to be $100 each, paid in gold or silver coin. Winchester was allowed to take sixteen hundred and sixty-six shares in this sec- ond Bank; the commissioners appointed to issue stock being Gerard Williams, Edward Smith, Chas. Magill, Beattie Carson, Edw. McGuire, Daniel Lee, Daniel Gold, Isaac Baker, Joseph Gamble, Abraham Miller, Peter Lauck, Henry St. George Tucker, Alfred H. Powell, Lewis Wolfe and Lemuel Bent. This Bank was incor- porated so that the capital should be distributed among the several towns named as follows: to Richmond one-fourth; to Norfolk one-fourth; Winchester one-eighth, and same to the other three towns. This, then, was the origin and es- tablishment of the Farmers Bank of Winchester, -being a branch of the mother bank.
The Valley Bank was chartered 1817, to be located at Winchester, under the name of The
Bank of the Valley in Virginia. Provision was made in the charter that the stockholders of said bank might appoint places of deposit and dis- count in the counties of Jefferson, Berkley, Hamp- shire and Hardy, and one in either Loudoun or Fauquier, to the amount of $100,000, to be known as the branch banks of the mother bank. The board of directors of both The Farmers, and Bank of the Valley, were required to visit each branch at semi-annual periods and make full settlements, etc. The writer remembers well those interesting visits. They were notable events; much rivalry was maintained in each town, when lavish hospitalities were dispensed. They were occasions for universal entertainment. Romney and Moorfield seem then to have been favorites with the Board of Directors; there was something in the mountain air perceptibly exhil- arating. Both banks grew to be influential in- stitutions, presided over by men in every local- ity, competent to wield influence and to main- tain the credit and marvelous success they achiev- ed. Nothing seemed powerful enough to disturb them; and only the Civil War, with its four years of disastrous work, could cause them to close their doors. This they did, and moved their ef- fects South to escape destruction. The old Far- mers Bank could never rally; the Bank of the Valley was placed in the hands of a receiver named Fant; and if he ever received anything by virtue of his office, there is no evidence of it in these parts. The writer, while gathering data for this notice, conversed freely with offi- cers of one of the banks now doing business on the same site; and learned that the books, papers and old bank notes remained in the old Valley Bank building for years. Out of the debris of this wrecked bank, many relics of former days were rescued. Mr. W. Douglas Fuller, now Cashier of the Farmers and Merchants Nat. Bank of Winchester, presented the writer with three of the old bank notes. One, of the denom- ination of $20.00, was issued at Winchester May 7, 1856, and reads : The Bank of the Valley in Virginia will pay on demand twenty dollars at its Banking House in Leesburg to J. Janney or Bearer. No. 218-C H. M. Brent, Cashier; T. A. Tidball, President.
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BANKS, ETC.
This shows how the mother bank at Winches- ter managed her branch banks in other towns.
The Bank of Winchester
This banking institution was in successful oper- ation when the Civil War made it necessary to close its doors and secure its funds and papers. The writer has been informed by one acquainted with the circumstances, that the money and pa- pers were securely placed in boxes and buried in the cellar of Doctor William Miller's resi- dence; and when peace was declared and it was safe to reproduce the effects of the bank, Mr. Robt. B. Wolf, the youthful cashier, was able to account for every dollar; the result being that the stockholders were in a much more comfort- able situation than could be expected. This bank was started as a savings institution-with Mr. Robert Y. Conrad, president, and Robert B. Wolf. cashier. They first occupied the building on West side of Loudoun Street, nearly opposite Court House Avenue. From there they went to the building cornering on Loudoun and Water Streets, now the property of S. Hable; from there to the law office of Mr. Conrad, several doors South of the Evans Hotel. Vaults were there made, with other changes, that converted the first floor into a comfortable banking room; and there the Bank closed about 1862, and has not since resumed business.
The capital stock was estimated at $100,000. There are three banks of deposit and discount now doing business in Winchester.
The Shenandoah Valley National Bank, having obtained a charter, with capital stock of $130,000, which was promptly taken, the Board of Direc- tors purchased the old Valley Bank property, and opened its doors and vaults for business in January, 1866: Mr. Philip Williams, president, Henry M. Brent, Sr., cashier. This institution continued to use the old property until about 1900, when it was decided the volume of busi- ness and profits justified the erection of the magnificent palace now seen on the old site, northwest corner of Loudoun and Piccadilly Streets. The building is complete in all its equipments-modern business offices, vaults, etc., adorn the interior. The affairs of the bank are
perfectly handled by the efficient corps of officers and clerks. Mr. S. H. Hansbrough, president; John W. Rice, cashier, J. Few Brown, assistant, G. G. Baker, teller, T. Walter Gore, clerk. The capital stock has been increased to $200,000.
The Union Bank of Winchester obtained a charter as a banking institution with the capi- tal stock of $50,000, and opened its doors on West side of Main Street, March 30, 1870. Wm. L. Clark, president; Robert B. Holliday, cashier. For many years after Mr. Holliday's death, M. H. G. Willis was cashier. Jas. B. Russell, Esq., has been president for many years; Lee R. Grim, Esq., is cashier, succeeding Mr. Willis after his death. This bank has always maintained a safe and profitable management of its affairs, and ranks high among banking institutions, stock- holders and depositors. The efficient young clerks Summers and Cooper.
Just across Loudoun Street is the other bank : The Farmers and Merchants National Bank. The imposing building attracts the eye; and the visitor beholds magnificence in its architecture and style. The interior has every modern device for comfort and safety. This bank was started Jany., 1902, with capital stock of $100,000, fully taken, being organized as follows:
R. T. Barton, president, John Keating, vice- president; H. D. Fuller, cashier; Lewis N. Bar- ton, assistant cashier. Directors : Daniel Annan, Dr. W. P. McGuire, Wm. C. Graichen, German Smith, Jno. M. Steck, S. M. Chiles, E. D. New- man, Perry C. Gore, Jas. W. Rhodes, Thomas M. Nelson, H. H. Baker, M. M. Lynch, W. E. Barr, J. S. Haldeman. Mr. Gore and Mr. Nel- son having since died and Mr. Smith resigned, the Board continues as organized. The corps of clerks and assistants are Randolph McGuire and T. Y. Kinzel, tellers; J. H. Cather, note clerk, Frank G. Walter, bookkeeper; Eugene Chiles and Clinton Haddox, clerks.
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