USA > West Virginia > Randolph County > A history of Randolph County, West Virginia, from its earliest exploration and settlement to the present time > Part 12
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to reinforce General Harris. General Jackson at once re- treated up the valley and over the mountains into Virginia. The Confederates lost four killed and five wounded. The Federals lost fifty-five prisoners. Colonel Dun finally reached Beverly, but not until after General Averill had come to the rescue of General Harris. Colonel Dun's delay had been attributed to the fact that a mountain still was on the line of his march, which he and his men were loth to leave as long as there remained a sparkling drop of the mountain dew.
The writer, at the age of four years, was an involuntary participant in General Jackson's retreat. As the General re- turned up the valley the main body of his army passed where the writer's parents resided in Valley Bend District. As the Confederates slowly and unheedingly passed the house, the Federal cannon balls flew over our heads and exploded against the hillside to the west. One projectile became so uncom- fortably familiar and informal as to cut the branches from a chestnut tree under which the writer, with James Morrison and a few other Confederate soldiers were standing. Captain J. W. Marshall is held in grateful remembrance for appearing on the scene at the time of the most spirited cannonading and directing the family and assembled neighbors to a place of comparative safety. The cannon of which there has been so much controversy is distinctly remembered and the appear- ance of the ordnance as well as the statements of the cannon- eers was to the effect that the axel of the cannon had been broken not by a shell from the Federal batteries but in recoil when the instrument was discharged.
Hill's Raid.
At 5 o'clock A. M. on the morning of October 29, 1864, Major Benjamin Hill with 300 men made an attack on about an equal number of Federals stationed at Beverly, under the command of Colonel Robert Youart. Major Hill had flanked the pickets and approached to within 150 yards of the Fed- eral camp, when upon a challenge from a picket, the Confed- erates raised a yell and charged the Federals. The attack had been delayed too long and instead of finding the Fed- erals asleep they were in rank for reveille roll call. The Con-
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federates succeeded in reaching the Federal quarters. In the darkness friend and foe could not be distinguished. At the break of day the Federals organized and drove the Confed- erates from the field. The Federal loss was eight killed, twenty-three wounded and thirteen captured. The Confed- erate loss was four drowned in crossing the river, twenty-five wounded and ninety-two captured.
Rosser's Raid.
In the early morning before the break of day, January 11, 1865, General Rosser with 300 Confederates surprised the Federal garrison at Beverly, consisting of about 1,000 men, taking 580 prisoners, killing six and wounding twenty-six. About 400 Federals escaped capture and marched to Philippi. Rosser's loss was slight. It was one of the most remarkable military feats of the war. The Federal forces were command- ed by General Robert Youart. It was in mid-winter and the high waters and severe weather lulled the Federals into a feeling of security. There was a ball in the town on the evening previous, largely attended by the officers, who re- mained until a late hour. The Federals had pickets posted during the day at Russell's, a mile below town, at the Burnt Bridge, two miles above town, and at the bridge in Beverly on the Buckhannon Pike, a corporal and three men. At dark the pickets were withdrawn from Russell's and the Burnt Bridge and in their stead single sentinels were posted. Rosser crossed Cheat Mountain by way of the Staunton and Park- ersburg Pike, came down the Valley on the east side of the river, made a detour around Beverly and formed their line of battle in a hollow within 450 yards of the Federal camp. The sentinel saw the Confederates and challenged them, "Who comes there?" The reply, "Friends" threw the sentinel off his guard, who moved toward the Confederates and was cap- tured. The Federals were awakened by having the doors of their quarters forced open and they were asked to surrender. Many of the officers were quartered in the town and Colonel Youart was asleep in Alfred Buckey's Hotel in Beverly when the attack was made. Many of the prisoners marched from Beverly to Staunton barefoot in the snow and suffered great- ly from hunger and cold.
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Burnt House Incident.
Captain David Poe, of Buckhannon, in his "Personal Reminiscences of the Civil War" relates his experience in capturing a squad of Federals, who were stationed at the John Taylor Burnt House on Cheat River, about a mile above the present village of Bowden. He says: "After we left the Upper Sinks and got down Shavers Mountain near the Glady Fork of Cheat we were informed that there was a company of Federal soldiers encamped over on the Main Cheat River at the Taylor Burnt House. So we got together and held a council of war. The strength of the enemy at the Burnt House was one question to be settled. I was made guide and we took up the line of march, crossing the mountain between Glady Fork and Cheat River through the woods. The rain was falling in torrents, so fast that a red deer, when scared up, came near running over Ed. Boor of Marion County. We crossed up toward the top of the mountain, on the opposite side of the Burnt House. It was then nearly night. It had been so rainy that day I think the blue coats felt no fear of danger. We had no dinner and for supper ate hard sweet apples that chanced to be on a tree in a nearby field. We all remained on the mountain until 2 o'clock in the morning, when the moon rose and we moved down to the bank of the creek, near their camp. I went down into the creek and standing in the shade of some timber on the bank, counted the horses, finding only twenty in camp. They had ten pickets. I went back and told the men all about it, eighteen of us and twenty- two of them. All said we could take them. I suggested to the officers that we cross the creek near the tents and wait until day light came ; that I could pilot them across without being seen by the enemy, but that when we got to the bank of the creek we would have to crawl along the ground oppo- site the tents in the grass and weeds. When daylight was sufficient to tell blue from gray I was to raise up and give the order to remove the tents, which were what we called fly tents for cavalry. The sentinel was walking the beat. The order was for no firing unless the blue coats commenced it. At the proper time I arose and gave the order, which was
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promptly obeyed. Lem Tenant was next the sentinel : he was a tall slim man and by the time he got straightened up the sentinel fired his gun, but the bullet went wild. The tents were removed at once and the boys in blue in confusion. Some seized their guns, others surrendered at once. I took one tent from two boys ; one surrendered, but the other point- ed his carbine square at me. I knocked it away so that the bullet missed me, but he tried to shoot me until I fired my revolver close enough to his body to burn him, and then he surrendered. He was but a boy about fourteen years old and as pretty as a girl. The Captain had not yet surrendered, but was contending with two of the boys, Buck Carter of Barbour and Tom Alton of Marion County. He was trying to mount his horse and when he threw his belt around to put it on his pistol slipped off the belt. He drew his sabre and cut the hitch strap of his horse when the boys seized him and demanded his surrender. Buck Carter's patience wore out and he drew his spencer rifle and stepped back and said, 'I will make you surrender.' Just then I caught his gun and pushed his muzzle down so the ball went into the ground. I slapped the Captain on the shoulder and said. Captain, you had better surrender ; and he did. Tom Alton took charge of him and the fight was over. Two or three of the boys in blue were wounded and two horses were wounded. We piled the tents, bent the guns and set fire to them. We took Cap- tain Farrow of Miami County, Ohio and another man with us as pisoners and sent them to Richmond and paroled the rest. I asked my little boy why he was in the army, and he replied that his mother was a widow and that he could make more money for her in the army than anywhere else. I told him I was going to set him free and told him he had better go home to his mother and keep out of the army. He said he did not know about that. I will put you on parole : you will go home until you are exchanged, I said. 'I may do that' he said. I do not know what he did, as I did not get his name, only that he lived in Miami County, not far from Dayton, Ohio. We got breakfast and some rations to last us through to Crabbottom. We were all well mounted. I got a very good horse and kept him seven years. The man who rode-
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him while he served the blue, while he was getting his wife's and child's pictures from the saddlepockets, said I had a good tough horse, which I found to be true."
Captain Poe does not give the date of this exploit, but it was in the latter part of the summer of 1864.
Confederate Soldiers.
Below is a list of Confederate soldiers from Randolph. This list was compiled by George W. Printz for Maxwell's History of Randolph :
James Anthony, Joseph H. Anthony, killed at Fort Stead- man ; Jackson Apperson, Jefferson Arbogast, killed at the "Bloody Angle," Spottsylvania Court House ; Moses Bennett, John W. Bosworth Lieutenant, S. N. Bosworth Sergeant, Joseph Chenoweth Major, killed at Port Republic; Z. T. Chenoweth, Eli Currence, Emmett Crawford, Burns Craw- ford, died of wounds, 1863; Jacob Currence Captain, N. S. Channell. Cyrus Crouch, killed at Fredericksburg; Milton Crouch, killed at Cold Harbor ; Garland Cox, died in prison ; Peter Cowger, Henson Douglass, killed at the "Bloody Angle," Spottsylvania Court House ; William Daft, Edward Daft, Adam E. Folks Corporal, John Folks, killed at the Wilderness : George Gainor, Eugene Hutton, killed at Bunker Hill, Va .; George E. Hogan, Levi Hevener, Adam Hevener, killed at Spottsylvania; Andrew Hevener, scout for Lee, killed at Elkwater; J. F. Harding Captain, after Major of Cavalry, Marion Harding, killed at Elkwater, October, 1862; George Harding, died in camp; Thomas Herron, Edward Kit- tle, killed at "Bloody Angle," Spottsylvania Court House; Marshall Kittle, killed in Beverly at the Hill Raid 1864; Asa Kelly, died of wounds at McDowell; Charles Kelley, John Logan, G. W. Louk, John Louk, Claude Louk, Dudley Long, Third Lieutenant, killed at Petersburg; J. H. Long Corporal, killed at Port Republic; Thomas Long, died in hospital ; O. H. P. Lewis, Lieutenant, Walter Lewis, died in hospital; Thomas Lewis, killed at Fort Steadman: Stephen D. Lewis, John Lewis Jr., killed at Cedar Mountain; John Lewis Sr., William Lemon, died of wounds at McDowell ; Jacob Lemon, died in hospital; James W. Lemon, John D. Moore, died in
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hospital : Andrew C. Mace, Elisha McCloud, John B. Pritt, Newton Potts, John Quick, died from wounds ; Claude Rader, George W. Rowan, Corporal, Jacob Riggleman, Washington Riggleman, Joshua Ramsay, died from wounds; Thomas Ramsay, Branch Robinson, George Salsbury, Lieutenant, Hiram Smith, Chesley Simmons, David Simmons, Joseph Simmons, Franklin Stalnaker, died in hospital: Absalom Shifflett, D. H. Summers, John C. Swecker, John M. Swecker, Thomas Shelton, David Shelton, Joseph Stipes, killed at "Bloody Angle" Spottsylvania Court House; William Stipes, Joseph Vandevander, Adam Vandevander, William H. Wil- son, Lieutenant, David O. Wilson, James R. Wilson, James D. Wilson, Corporal, James W. Wilson, W. H. Wamsley. Enoch Wamsley, L. D. Westfall, John M. Wood, Joseph Wood, Randolph Wise, lost arm at Chantilly.
Dudley Long, J. H. Long and Thomas Long, mentioned above were brothers, all losing their lives in the Southern cause.
In the above list John W. Lewis Sr. was the father and O. H. Lewis, Walter Lewis, Thomas Lewis, Stephen D. Lewis and John Lewis Jr. were sons.
There were five Kittle brothers in the Conferedate ser- vice: George Kittle, Marshall Kittle, Ira Kittle, Edward Kittle, and Squire B. Kittle.
Eighteenth Virginia Cavalry .- J. D. Adams, John Ben- nett, Jacob Chenoweth, Judson Goddin, Sergeant, Charles Myers, L. G. Potts, William Powers, George Powers, Thomas Powers (killed), Adam C. Stalnaker, Eli Taylor, Judson Tay- lor, Haymond Taylor (killed at Winchester, I, 1864), Elam Taylor, Lieutenant, H. H. Taylor, F. M. Taylor, Perry Tay- lor, J. W. Triplett, Oliver Triplett, Frank Triplett (killed at the Sinks), James D. Wilson, George Ward, Perry Weese, Duncan Weese, Haymond Weese, Lafayette Ward.
Twentieth Virginia Cavalry .- J. N. C. Bell, William H. Coberly, A. C. Crouch, John H. Dewitt, Claude Goff, Elihu Hutton, Colonel, John Herron, Eugenus Isner, Morgan Kittle, John Killingsworth, M. P. H. Potts, Jacob Salisbury (killed at Winchester), Sheldon Salisbury, Adam Stalnaker, Harri- son Westfall, Fred White.
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Nineteenth Virginia Cavalry .- John Baker, J. H. Cur- rence, Archibald Earle, Simon Fowler, Nathan Fowler, fra Kittle, John Kinney, Thomas G. Lindsey, James A. Logan, Thomas Logan, David H. Lilly, John Manley, James Morri- son (killed at Droop Mountain), Adam Propst Jr., Jesse W. Simmons, Jonas Simmons, Nimrod Shifflett, J. S. Wamsley, Captain, Randolph Wamsley, Samuel B. Wamsley, Adam H. Wamsley, George F. Wamsley, George Ware, John Ware, Allen Ware, Elihu B. Ward, Jacob G. Ward, Lieutenant, R. S. Ward, L. M. Ward, Jacob Wilmoth, David J. Wilmoth.
M'Clanahan's Battery .- Andrew Chenoweth, Adam C. Caplinger, C. L. Caplinger, John Caplinger, Parkison C. Col- lett, Lieutenant, Andrew J. Collett, Sergeant, Hoy Clark, James Daniels, Bugler, Harper Daniels, Calvin C. Clark, C. B. Clark, John Marstiller (died at Bridgewater), David B. Marstiller, Blackman Rummell (died in prison), Jacob Weese, Andrew C. Weese.
Sixty-seventh Virginia Infantry .- A. Canfield, S. B. Kittle, William Keasy, Cyrus Myers, Randolph Phillips, Moses Phil- lips, George Phillips.
Churchville Cavalry .- Andrew C. Goddin, Lieutenant.
Twenty-fifth Virginia Infantry .- Jacob Heator, Dock Heator, Herbert Murphy, Jacob Mathews, Captain, Charles Mathews, James Shannon, Michael Shannon, Martin Shan- non, Curtis Taylor, W. T. Ware, Sturms Gainer, Andrew J. Murphy.
Scouts .- William Nelson (killed on Dry Fork), and Thomas Wood.
Remarkable Recoveries.
On the night of March 20, 1864, a squad of Confederate scouts, consisting of Adam C. Stalnaker, Jasper Triplett, Oliver Triplett, Anthony Triplett, Taylor Chenoweth, James
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D. Wilson. Jacob Wilmoth. Luther Parsons. Lafe Ward and Dow Adams were fired upon by thirty-three Home Guards. known as Swamps. while they were sleeping before a camp- fire at the Sinks on the head of Dry Fork. Oliver Triplett was killed instantly. Anthony Triplett and Adams were so severely wounded that they were thought to be dead. How- ever. upon the removal of their boots they showed signs of
Rich Mountain Battle Field.
life and were clubbed with muskets and left for dead. Later they regained consciousness and Adams, in a dazed condition, fell into the fire and was severely burned. Mr. Teter, who lived near. found the wounded men next day and cared for them at his home. Adams had been hit by eighteen missiles, yet both he and Triplett recovered. Those escaping injury fled to the adjacent woods. Messrs. James D. Wilson and Adam C. Stalnaker. having departed the camp without their shoes, wrapped their feet in the capes of their coats, tied them on with their handkerchiefs, and waded through the snow several feet deep to Hightown, eight miles distant. Messrs. Perry Weese. John and Eli Taylor were with the Confederate scouts, but Mr. Weese stopped for the night with a Mr Teter, who lived near. He was surprised and captured be
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fore the soldiers at the camp were fired upon, but was help- less to warn his comrades. Mesers. John and Eli Taylor, fear- ing a night attack. did not remain with the main body of the scouts, but were passing the night about a half mile distant. when the discharge of muskets warned them of thein danger. They made their escape. Mr. Weese was turned over to the Federal authorities and sent to Camp Chase, where he remain- ed until the close of the war. These Confederates were re- turning from a visit to their homes in this section. They also designed to surprise and capture the Federal wagon train of supplies on its way from Webster Station to Beverly. Prepar- ration was made for the attack a few miles below Beveriv. but when the train appeared the guard was too strong for their small force and their object was abandoned.
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CHAPTER XI.
LAWS ANCIENT AND OBSOLETE.
"The world advances and in time outgrows The laws that in our father's days were best,
And doubtless after us some purer scheme Will be shaped by wiser men than we."
R ANDOLPH COUNTY was governed by the constitution and statutes of Virginia from the time of its settlement to 1861. From 1863 to the present time the constitution and statutes of West Virginia have been the laws of the land. The study of the laws of an epoch or a country is interesting and instructive from the fact that they reflect the customs, usages, intelligence and civilization of a people. Blackstone defines statute law as, "A rule of action, prescribed by the supreme power of a state, commanding what is right and prohibiting what is wrong. Accepting this definition, we can determine from the laws of a country what its people regard as right and wrong. The consideration of the laws of the past is also interesting in throwing light upon the advancement of society. As mankind progresses in civilization there decreases the necessity for harsh, punitive and deterrent laws. A com- parison of the laws of today with the statutes of a century ago is sufficient to convince the most skeptical and pessi- mistic that there has been real progress. The fact that laws were not repealed, is not evidence that they were not dis- tasteful to a majority of the people. They often remain on the statute books long after they ceased to be enforced.
The laws that governed Randolph County, as a part of Virginia, during the first half century of its existence, were framed or inspired by the most distinguished statesmen our country has produced. They were largely responsible for the laws, whether good or bad. These men not only provided the State of Virginia with its code of laws, but dominated the policies of the general government as well. Among this
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galaxy of statesmen may be mentioned Patrick Henry, George Washington, John Randolph, John Marshall, James Madison, James Monroe, William Wirt and Thomas Jefferson. If some of the laws of their day seemed incompatible with their learn- ing and wisdom, as we view them today, we must remember that they were intended for a people more primitive. A people steeped and inured in king-craft, with many laws and usages venerable with age. The laws may have been in- harmonious with the spirit of the age, but they were hallowed by the usages and traditions of their ancestors and they were loth to alter or change them. If these laws, the product of the brain of these sages and statesmen, fall below our expec- tations, it may serve the purpose of removing the glamour and illusion that often attaches to the lives and teachings of those who have preceded us and leave us free to fashion our own destiny in the light of present day conditions.
In 1792 a law was enacted in the interests of good morals and the suppression of vice and provided a penalty of eighty- three cents for swearing, or getting drunk and in default of payment, the offender was to receive ten lashes on the bare back.
For working on the Sabbath the fine was one dollar and sixty-seven cents. In the early records of Randolph there is frequent reference to the violation of the Sunday law; in most instances for going to mill on the Sabbath. However, mitigating circumstances set the offender free in most instances.
For stealing a hogshead or cask of tobacco, found lying by the highway, the punishment was death.
By act of the Virginia Assembly of December 19, 1792, it was a crime punishable with death for any one to be found guilty of forgery. The same penalty was attached to the crime of eracing, defacing or changing the inspector's stamp on hemp or flour. A similar penalty was attached to the crime of stealing land warrants.
The individual, who made, passed, or possessed counter- feit money with knowledge that it was counterfeit, was to be put to death without benefit of clergy.
In the early days of Virginia laws were often classed as
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"clergible" and "unclergible." Benefit of clergy was a privi- lege which arose from the pious regard paid by Christian princes to the church in its infant state. Clergymen were ex- empt from criminal processes before the secular judge in a few particular cases. This exemption of the clergy, as they increased in wealth, power and honor was extended to every subordinate officer belonging to the church or clergy. For a time the clergy could have his clerks or subordinates re- mitted out of the courts as they were indicted. This privi- lege was later changed so that the prisoner could only claim benefit of clergy after conviction in arrest of judgment. Be- fore the general dissemination of learning the fact that the in- dividual could read was competent evidence that he was a clerk or clericus and entitled to the benefit of clergy. There- fore, in the early history of our county, when the offender was found guilty and sentenced to expiate his crime with his life without benefit of clergy, it did not mean that the tribunal was essaying to extend its jurisdiction beyond earthly courts, but that the prisoner should not plead benefit of clergy in arrest of judgment. The principal argument upon which the clergy of that day claimed exemption of the law. was founded upon that text of Scripture, "Touch not mine annointed and do my prophets no harm."
In 1789, an act was passed by the Assembly of Virginia. making arson, burglary, the burning of a courthouse or prison, church, robbing a house in the presence of its occu- pants, breaking into and robbing a dwelling house by day, after putting its owner in fear, murder in the first degree, punishable with death without benefit of clergy.
By a law put on the statute books in 1792, gossip was dis- couraged in the following terms :
Whereas, many idle and busy headed people, do forge and divulge false rumors and reports, be it
Resolved : By the General Assembly, That what person or persons whomsoever shall forge or divulge any such false report tending to the trouble of the country, he shall be by the next Justice of the Peace, sent for and bound over, to the county court, where if he produce not his author, he shall be fined forty dollars or less if the court sèes fit to lessen it,
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and besides give bond for his good behaviour, if it appear to the court that he did maliciously publish or invent it."
Hog stealing was a very grave crime in the eyes of the early Virginia law makers. Special penalties were provided, perhaps for the reason of the opportunities and temptations for appropriating another's swine. Hogs, more than other stock, were inclined to roam farther from the settler's cabin and clearing and remain for months or years without the care or attention of their owners. They were marked and turned loose to live, fatten and multiply upon the nuts and roots of the forest. A law enacted in 1792, provided that a person stealing a hog, shoat or pig should receive thirty-five lashes on the bare back. or pay a fine of thirty dollars and in either event he should pay the owner eight dollars for each animal stolen. For the second offense he should stand in the pilories with both ears nailed to the pilories on a court day. For the third offense the culprit was to be put to death without the benefit of clergy. The laws of marks and brands made the possession of a hog without ears sufficient evidence that the possessor had stolen it. Indians. under the law. were pro- hibited from selling the settler hogs unless the ears were produced to indicate the ownership.
Slaves whether regarded as property, or as men, severe laws were passed for their restraint and regulation. His- torians differ as to the precise date of the introduction of slaves into Virginia. Smith, the first historian of Virginia thus expresses himself: "About the last of August came in a Dutch man of warre that brought us twenty Negars."
Prior to 1788 it was no punishable offense for the owner to accidentally kill his slave, by stroke or blow. intended for their correction. This law was repealed by act of the As- sembly, November 21. 1788.
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