USA > Virginia > Frederick County > Frederick County > Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia. > Part 21
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The success of this enterprise has been marvel- ous, exceeding the expectations of its most san- guine promoters.
The brief notices given of the banks might properly belong to the sketch of Winchester, where only a reference is made to their existence.
CHAPTER XXIII
Revolutionary War Heroes
The Congress by the Acts, 1832-1834, voted certain allowances to soldiers of the Revolution- ary War who could produce sufficient proof of service to the courts of their respective counties; and upon the certificate of such courts, the sol- dier to receive what was termed bounty land warrant, graded as to rank of officers, and pri- vates of the rank and file. Acting upon this, many old soldiers appeared before the County Court of Frederick, and had their applications con- sidered. We give the following as matters that may interest the reader and induce him to read the minutes 1834-1838, and he may find his an- cestor was of the noble band.
June Ct., 1835, Cecelia Archer, wife of Wm. Archer, proved she was the only child of Wm. Morrell deceased, who was a soldier in Genl. Anthony Wayne's Army, and was killed in ex- pedition against the Indians.
Darius Grubb proved his service. Wm. Pen- nybaker proved he was the heir of Conrad Penny- baker a deceased soldier. Francis Brown prov- ed by heirs. His son died 1833. See list of children, Ann Bartlett, wife of Joseph C. Bart- lett, being one.
Carter B. Chandler proved his service.
Col. John Smith proved his service. His cer- tificate secured a pension in money of $600 year- ly. He died 1836, when his children made an unsuccessful effort to secure land warrant; for the Colonel had accepted his grant in money, and not in land, which ceased at his death. He left no widow. This was Col. John Smith of Hackwood. Daniel Cloud's service was proved by his heirs, he having died Feby., 1815. Names of the heirs given would be interesting to this family. (See p. 215 O. B., 1835).
Samuel Wright proved his service, Oct., 1836. George Wright's service proved by heirs. He died Feby. 3, 1832. Names of children given.
The Marple, Elliott, Wright and Chrisman families in western part of Frederick given as his children.
Sept., 1838, John Williams proved his service and mentions his wife Susannah.
John B. Tilden an aged Revolutionary officer, proved that Robert Chambers of Kentucky, Jo- seph Chambers of Cincinnati, Mary wife of John Cain of Philadelphia, Catherine wife of
Wm. Nichols of Philadelphia, and Jane deceased wife of Jno. B. Tilden, were brothers and sisters and only heirs of Annie Mcknight of Berkley County, widow and devisee of Doct. Humphrey Fullerton of Fredk. County, a soldier of the Revolution. Jno. Bell Tilden died July 21, 1838 -Was a pensioner of $26.66 per month. His children, Martha Reed, Mary A. J. Victor, Jno. B. Tilden, Asburyna T. Phelps, Ann B. Mc- Leod, Eltha Tilden and Richard, appeared in Court May 6, 1839 and produced proof as to age, etc.
At the May Term of the County Court, 1835, the following persons were granted Barroom License: To Michael Fizer at his house in Petti- coat Gap; John Beemer, Kernstown; Henry Swann at the Forge Works; James Seevers at Littler's mill; David Rhinehart, Pugh's Town; Treadwell Smith at Battletown; Sarah Chapman, Capt. Joseph Long, Newtown; David Davis at his house; John Wm. Morrison, his house; Abram Watson, his house.
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At the November term, 1838, a very remark- able trial occupied the attention of the Court for several days. The Court required the evi- dence to be entered in the Minute book, where is shown a complete history of the celebrated case, which the writer will briefly mention: The murder of William Brent, a well known gentle- man of Winchester,-by a runaway slave, was an oft repeated story during the boyhood days of the writer. Mr. Brent was the son-in-law of the venerable Robert Long, who lived on the corner of Washington and Amherst Streets, where for many years he conducted a popular school for young men. Mr. Brent lived with Mr. Long; he left home in the morning of Nov. 2nd, 1838, to hunt through the forests northwest of the town. Later in the day he was found by Robert Affleck in the woods near the Pughtown road, suffering from several fatal wounds, hav- ing been stabbed with a knife. Brent related the incidents of the attack. He had found a strange negro man in the woods partly covered with leaves, and asked the man to give an account of himself. He answered that he was on his way to Pughtown, and asked for directions. Brent told him to follow him and he would show him the road. They had proceeded but a
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few steps, when the negro seized the muzzle of the gun, and with the other hand plunged an ugly dirk knife into his body several times; then hurried away with the gun. He soon met a negro boy and questioned him about the road. This interview resulted in his identification with the murder. Brent was taken to Mr. Affleck's home nearby; Drs. Hugh McGuire and Stuart Baldwin were summoned, but could not save his life. He gave a clear account of the tragedy. On the 9th, he died. Several days after, Syl- vester Monroe, of Hampshire County, arrested a negro man whom he regarded as a runaway slave; and while in the Romney jail, he was visited by two officers of Frederick County, George Kreemer, Jr., and Henry Daniel. They felt sure he was the murderer, and securing a writ, the prisoner was brought to Winchester and placed in custody of Robert Brannon, the Jailor. The prisoner was indicted and tried on the 19th of Nov .; found guilty, and sentenced to be hung on the 28th day of Dec., next. The boy had no trouble in recognizing the man he met on the road. The prisoner in his confusion, dif- fered somewhat with the statement of Brent; the negro claiming he did the killing to prevent his return to his master, Benjamin Lillard of Rappahannock County. The murderer's name was Benjamin Pulley. He was hung on the Commons near the site of the "Sacred Heart" Catholic Cemetery.
Mr. Brent's widow married Mr. John Cooper, who is still living. Mrs. Cooper was the mother of the well known Cooper-Brothers of Winches- ter. Wm. Brent was the son of Innis Brent, brother of Henry M. Brent, Sen.
Extracts from Minutes of County Court from 1850 to 1856.
List of Justices elected under the new Con- stitution-the first time magistrates were elected by the people-Formerly they were appointed by the Governor and Genl. Assembly :
Jas. P. Riley, Sr., James Brooking, Wm. A. Bradford, Jos. E. Payne, A. Nulton, M. B. Cart- mell, Robert J. Glass, Henry P. Ward, Daniel Hinckle, Daniel Collins, Felix Good, James Cath- er, Jacob Senseny, Andrew Kidd, Jos. S. Davis, Henry W. Richards, Isaac Russell, Jno. B. Mc- Leod, David L. Clayton, Robt. L. Baker, Wm. J. Roland, Henry H. Baker, Joseph Brumback, Ma- ger Steel, Robt. C. Bywaters, Edward R. Muse, Joseph Richard, Annanias D. Russell, Jno. S. Magill, Isaac Hite.
Three vacancies occurred during the period. Dr. W. A. Bradford removed to Clarke County; Henry P. Ward, resigned. David L. Clayton died, and David Timberlake elected in 1854. These were representative men of that period;
all were men of intelligence, and owners of good property. The County Court, with such justices on the Bench, reflected credit upon the County.
The County officers to qualify at the first term, 1850 were: T. A. Tidball, clerk, Fred W. M. Holliday, Commonwealth's Attorney, Mahlon Gore, County Surveyor (father of our late Sher- iff Perry C. Gore), Chas. H. Barnes and A. A. Robinson, commissioners of the Revenue (ap- pointed by the Court).
Sept. Term, 1850-
The iron picket fence enclosing the courthouse yard and courthouse, was ordered to be erected. John Bruce, Jacob Baker and John S. Magill were appointed commissioners to execute order. The kind of fence and boundary lines were well defined. The fence was completed the following Summer. Since the War, several sections near the courthouse, including three gates, have been removed.
Jany. Court, 1851. The Sheriff was ordered to hire out a list of delinquent free negro tax- payers, 46 in number-names all given. This was in accordance with an Act of Assembly pro- vided for by the Constitution. The Sheriff at a subsequent term, reported to Court that he had offered the negroes for hire, but had not receiv- ed bids offered, and asked for instructions.
At this Term, Dr. Robert T. Baldwin who was recommended to the Governor for appoint- ment as Sheriff, he being the Senior Justice, pro- duced his commission and was duly qualified.
Nathaniel M. Cartmell, sworn as Deputy. Joseph Tidball, qualified as Attorney for Com- monwealth.
Oct. 6, 1851, Wm. L. Clark, Jr., was granted certificate, to present himself before the Supreme Court for examination and for license to practice law.
Thos. S. Sangster and Joseph O. Coyle were appointed commissioners of the revenue for the County. It will be seen this power was vested in the Justices under that Constitution.
November, 1851-
Elections held to elect members of Congress. The following were the only voting places at the time :
Winchester Courthouse, Gainsboro, Newtown, Brucetown, Swhiers's Tavern, Middletown.
Same Term, the heirs of Rev. Joseph Glass deceased. On motion, the estate was relieved from payment of taxes and levies on "Cuff" an aged and infirm negro man. This is given as a sam- ple of what was done in many similar cases.
March 1, 1852-William Wood produced his commission as sheriff from the Governor of Vir-
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ginia-N. M. Cartmell and Wm. D. Gilkeson sworn as deputies.
Wm. Mckay (McCoy) a well known Irish citizen of Back Creek, was granted his natural- ization papers; and to the knowledge of the wri- ter, he was always an enthusiastic voter.
May, 1852, the following persons were licensed to keep private entertainments. This meant that grogs of liquors could only be dispensed to those who took lodgings.
To David L. Clayton, David Dinges, Susan Carter, Zachariah Kerns, B. Ridgeway, and Philip Carper.
August, 1852. All the Justices assembled and elected Jno. S. Magill presiding justice. The justices were apportioned for the various terms of court,-three gentlemen justices to sit with the president.
The Court also established new precincts or voting places, viz .: at Winchester, the Court- house, Grim's Tavern, Engine House on Cork Street. (This was the Old Friendship) Hoover's Tavern.
In the County, Coe's School House, Anderson's Tavern on Back Creek (known as No. 6) Rus- sells (Old Dumb-Furtle).
At stated terms, the Justices assembled to pass upon all claims presented against the County. This included allowances for keeping roads in repair. These occasions always brought a crowd of claimants and spectators. Those were the halcyon days of the Old Justices Courts. Hun- dreds of the country people could be seen on the Green and in the old Market Square, where politicians renewed acquaintances and freely pat- ronized the old taverns. No saloons then- No such scenes are witnessed now. A vast major- ity of the population never know when courts are held, under our new system.
Jany. Court, 1855. Evan R. Thatcher was made jailor; Samuel Coe was qualified as justice in place of Daniel Collins, resigned.
John R. Cooke, a former distinguished mem- ber of the Winchester Bar, died recently in Rich- mond. Resolutions of respect entered.
June Court, 1855, Luke Riely a native of Ire- land, was naturalized. Mr. Riely made his home with the writer's father for 13 years-a conscien- tious man.
June 2, 1856, F. W. M. Holliday, who had been elected Commonwealth's Attorney in May, took oath, etc.
Jno. M. Magson appointed Superintendent of Courthouse, etc.
June 30, 1856, Wm. D. Gilkeson sheriff for several years, required to give new bond and al- lowed to hold his term until January, when he would be required to settle. N. M. Cartmell, R. M. Cartmell and Jno. W. Correll appointed deputies to collect the taxes for him. Gilkeson failed and his sureties suffered seriously,-sev- eral of them made bankrupt.
Richard W. Burton, new justice, sworn; also the following constables qualified: James Z. Smith, Geo. H. Keiter, Jno. M. Magson, Thos. O. Clark, E. H. Scrivner and Saml. Williams. August 5, 1856, Thos. A. T. Riely elected clerk in May, qualified-Jas. P. Riely his deputy.
October 6, 1856, Michael Ryan, native of Ire- land, naturalized. He was well known for many years for his integrity. At same Term, resolu- tions of respect were entered for Mr. L. J. C. Chipley, member of the Bar, who had recently died in Newtown.
Nov. 21, 1856. Lewis A. Miller, who had been elected sheriff, qualified, with John G. Miller as Deputy. The latter is living at this time and active, at the age of eighty-four.
Patrick Dolan, native of Ireland, naturalized.
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CHAPTER XXIV
Gleanings from Old Justices' Court from 1862 to the First Court under the Underwood Constitution.
Judges, Officers, Criminal Trials.
The Order Book used by the County Court up to the evacuation of Winchester by Genl. Jack- son March 11, 1862, was mislaid or stolen. This is the only record book of the old office lost. This has been a source of inconvenience, for it contained minutes of the Court for about four years. Many important orders, therefore, will not appear in this connection. Under the dis- turbed condition, the Court found considerable embarrassment at the Term held March 31, 1862, for it will be remembered by some that Stonewall Jackson and Commissary Banks were contending for supremacy over this section. This Term was held with Hon. Jno. S. Magill presi- dent, "pro tem," J. R. Bowen and R. J. Glass on the bench. This order speaks for itself :
"Ordered that the Sheriff do summon the mag- istrates of the County to appear at the next term, to consider the propriety of changing the place for holding court. All cases on the Docket continued. Jno. S. Magill, Pro tem."
June 2, 1862. Court convened again, and en- tered a long order describing the sanitary con- dition of the courthouse and courthouse yard, requesting the town authorities to have same cleaned, limed, etc., and bring bill to the court for payment. The courthouse and hall had been in constant use as a hospital: Robt. L. Baker, Pro tem, etc.
No other term held until Oct. 6, ('62). Hon. Geo. W. Ward, presiding justice. T. E. McCoole and R. L. Baker, justices.
This order appears: The Court being inform- ed by the Clerk that the records of this office which were conveyed for safe-keeping to the office of the court of Page County, had been partly destroyed by Federal troops, that what re- mains of them may be damaged by further in- vasions. He is ordered to take such measures as may be necessary to remove the said records back to the county or otherwise to dispose of them for safe keeping * * * and for him to confer with Messrs. Barton & Williams in refer- ence to the proper course, etc.
We will say now, that all the records were removed by the clerk, by order of court, at the suggestion of Genl. Jackson a few days previous to the evacuation, through the writer, who was then Acting Provost Marshal.
December 1, 1862, the court makes this signifi- cant order : "Jno. M. Miller, W. B. Walter and J. H. Kemp are appointed Salt Agents for this County, who shall pay out of the fund hereafter provided, and receive the County's quota of salt from the Salt Agent for the 10th Congressional Dist. as provided by the Governor's proclama- tion, and have it transported from Staunton to some convenient and safe place near this County, and then distribute it among the inhabitants of the County, viz .: seven pounds of salt to each member of a family, and to collect 6 cts. per pound, etc. * * * H. M. Brent, Philip Wil- liams and H. B. Streit appointed comrs. to bor- row $7000.00 to pay State Agent for same, said sum to bear interest at 6 per cent. until Jany. Ist, 1866. August 31, 1863, same Commissioners were directed to borrow $12,000.00 on same terms, so as to secure more salt. This gives some idea of the conditions then prevailing-County records out of County, and unsafe, and people without salt.
Nov., 1863, the Court requested all the justices that could be found to appear and consider what should be done as to the support of many famil- ies, where husbands and sons were in the army, and also to consider the question of protection of crops, where much fencing had been de- stroyed.
Feby. 24, 1864, the Court entered an order for W. G. Singleton, Deputy (J. Chap. Riely the Clerk being absent) to collect the scattered rec- ords and return them to the clerk's office. At the June Term ('64), Mr. Singleton reported that he collected part of the records and had placed them in the vault of the Bank of Win- chester, in back part of Bank. Sheriff was di- rected to pay Mr. S. $20.00 in Virginia Bank money, if convenient.
Sept. 5, 1864, Court adjourned to meet at the house of W. G. Singleton in Winchester, until otherwise ordered. Robt. L. Baker, pres. The Court convened several times after this term and admitted wills to probate.
In the Spring of 1865, when Peace was de- clared, an election was held in pursuance of the Proclamation by the Pierpont State Government, then seated at Alexandria. At this election, none but well known Union or Loyal men could be
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voted for. Voters at this election could be none other than well-known Union men. This meant Carpet Bag Citizens and the few Union men in this section. The vote was light, but the new officers were recognized by the Military Governor Scho- field, and ordered to organize courts, etc., under what was known as the Iron Clad Oath. The newly-elected officers were notified to assemble at the courthouse; and we find the whole num- ber present on July 3, 1865. George W. Ginn, who had the ear of the new government, was master of ceremonies; and under his supervi- sion, the following justices were sworn into of- fice : George W. Ginn, J. Fenton Jackson, Daniel T. Wood, Alfred Seal, Geo. B. Diffenderffer, Thos. McCardell, Samuel R. Atwell, Jos. S. Den- ny, Henry B. Pitzer, David Lupton, Geo. Y. Fries, Wm. Brown, Isaac DeHaven, John Lamp, Wm. Cather, Jonathan Jenkins, Edward Eno, Wm. R. Smith, Jr., James Bean, Moses R. Richard, Al- fred Williams, Jno. S. Magill, Jno. N. Meade and D. J. Miller.
Mr. Wood and Mr. Smith are the only sur- vivors of this list. No shadow of doubt existed as to the loyalty of a large majority of the men named. Some were well known for their radi- cal sentiments, and were regarded by the help- less citizens as unfit to sit as a court to try is- sues that might be joined between Confederate soldiers and the Union element of the County. The minutes of that meeting do not show that any were questioned as to their loyalty. The oath of office they were required to take should settle that point; but when the writer enquired of one who was present, how several of the list could pass inspection of the lynx-eyed manager, the answer was given that several of them were severely criticized and pronounced by several leaders as sympathizers of the South. Much bitter feeling and inflammatory language flowed; and it seemed at one time that at least three of the list would be rejected, but a vote was taken and a majority voted that all should be allowed to serve. It may be asked, what right had any of the Justices to determine who was eligible. Answer can be given that the men who assumed that right were so violent in their actions regard- ing Southern sympathizers, that they had no re- gard for consequences, knowing full well that the bogus government would sustain any act of theirs, and, if need be, the military was within casy call.
Mr. Ginn informed the justices they must elect the presiding justice, and moved the vote be by ballot. George W. Ginn was appointed teller. The vote being thus cast, the teller discovered that Geo. W. Ginn was elected president.
C. W. Gibbens, who was elected clerk at May election, was duly sworn, etc.
Samuel Trenary-sworn as sheriff.
Edwin S. Brent, who was elected clerk of cir- cuit court, was sworn.
Frederick Gross and Stacy J. Tavenner, comrs. of the revenue, were sworn.
Jas. P. Riely and L. N. Huck, first attorney to appear, and sworn to practice law. W. G. Sin- gleton also allowed to practice law, all having taken the Amnesty oath.
The Court directed the Clerk to send some trustworthy person to Luray to collect all books and papers he could find belonging to Frederick County, and return them to the office of this County.
During the Term, Robt. T. Barton granted certificate to appear before the Supreme Court for examination to practice law.
Court then adjourned, to meet in the court house at the next term.
July 31, 1865, John Pollock appeared with a certificate from the Ohio court, and moved to be admitted to practice law in this Court- Granted. He was then, at the suggestion of the president, appointed to act as Commonwealth's Attorney, being the first carpet bagger to take office. He soon gave promise of the unpopular- ity that shone forth in his many hostile acts. He was a shyster lawyer of the lowest order. His efforts to force litigation against a helpless people, did more to secure what was known as the Stay Law, than any other agency. The General Assembly was powerless without the sanction of the military governor; and he was induced to adopt this remedy. This was one redeeming trait in the character of Genl. Scho- field. Pollock, having succeeded in fleecing a number of his faithful friends, skipped out one day, leaving his clients to mourn over their loss ; while others rejoiced at his departure.
This Stay Law afforded relief to hundreds of impoverished people. The order issued by the Military Governor, December, 1868, operated as a stay of executions relating to sale of personal property until Jany. 1, 1869. June 29, 1869, Gen. Canby, by this order, No. 80, extended the time to Jany. Ist, 1870. This order also required, when real estate was sold under decree of court, no sale to be valid where the bid was less than two-thirds of its last-assessed value. This rule prevailed as to real estate for many years. Per- sons regarded it as safe practice.
This order was signed by command of Brevet Major Genl. Canby, attested by Lawrence E. Bennett, Capt. 17th Infty. U. S. A., Military Comr. Dist. of Va.
At above Term, Wm. L. Clark, Jr., and Col.
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L. T. Moore and Joseph S. Carson were admitted to practice law. Chas. H. Kamp produced his commission as notary public, signed by Gov. Geo. H. Pierpont.
Court ordered repairs to courthouse, and ad- journed to meet in the clerk's office.
Sept. 4, 1865. Robert Y. Conrad, Uriel Wright, U. L. Boyce, Andrew G. Kennedy, R. T. Barton, T. T. Fauntleroy, Jr., Watrous (a carpet-bagger) appeared and took the attorney's oath, and were admitted to practice law. Many wills and estate accounts were produced to the court, probated, and entered for record,-quite a number having been held by parties until there was some assurance of safety in bringing them forth.
Overseers for nearly all the roads were ap- pointed.
Sept. 5-Chas. L. Ginn, son of the president, appeared as the Commonwealth's attorney by appointment of the military.
August 31, 1868, C. M. Gibbens produced his commission as clerk of court to fill the vacancy occasioned by the death of his father C. W. Gib- bens,-the commission signed by the Major Genl. commanding Military Dist. of Virginia.
Similar minutes appear in the courts for the years intervening between this date and the Spring of 1870, when the Old Justices Court system disappears (Chap. 25.). In accordance with the New Constitution, the General Assem- bly elects judges for County courts. Joseph S. Carson was elected April 2, 1870, to serve Freder- ick County Court. We find that as soon as he took and subscribed the oaths of office, his first official act was a vacation order dated April 22, 1870, when he appointed the first registrars for the County, preparing for an election to be held in May, when county and district officers were elected.
At this first term, J. Vance Bell, the one-armed Confederate soldier, who was appointed sheriff for his term of office, to take effect at the ad- journment of the May court, was duly qualified, also his deputies, Chas. B. Hancock, Perry C. Gore and Robt. I. Kurtz (who became jailor).
Joseph H. Sherrard qualified as clerk, having been elected at the May election.
Judge Carson's service on the bench terminat- ed suddenly. Stricken with apoplexy while horse- back riding up Water Street, he was judge less than one year, as the following minute in the order book of the county court shows:
April 6, 1871. The court failed to meet to- day, pursuant to the adjournment, because of the sudden death of Judge Jos. S. Carson on
Tuesday evening April 4, 1871, after the ad- journment of court.
TEST: JAS. P. RIELY, Clerk.
Joseph H. Sherrard received the appointment as Judge from the Governor, to fill the vacan- cy. He held his first term May 1, 1871. No other change in court until Judge Sherrard re- signed the office, to take effect after the adjourn- ment of the December court, when he signed the adjourning order December 3, 1883. The Judge had been troubled for several years with impaired eyesight; in fact, was totally blind for one year. The writer guided his hand when af- fixing his signature to court papers in many cases for the last year of his term.
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