USA > West Virginia > Randolph County > A history of Randolph County, West Virginia, from its earliest exploration and settlement to the present time > Part 4
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At the February term (1789) the bond of Jacob West- fall, Sheriff, was fixed at $53.333. At the same term of the court Edward Hart was allowed $85 for building the jail to be paid when completed and delivered. James Cunning- ham was allowed $2.66 for bringing Acts of Assembly of Virginia from Richmond. At that term of the court it was ordered that Hugh Turner be paid $200 for building the Court House. Wm. McLeary, Attorney for the Common- wealth, was allowed $40 as his salary for one year.
At the March term of the court (1789) the Sheriff's house was "appointed a jail until the next term of the court."
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A HISTORY OF RANDOLPH COUNTY
At the April term (1789) Robert Maxwell served notice that he intended petitioning the General Assembly setting forth the utility of a ferry on Leading Creek from the lands of Robert Maxwell to Jonas Friend's. At the same term of the court Gabriel Dowell was ordered to appear at the next term and give security for the maintenance of himself and wife or be subject to the vagrant act. Dowell evidently gave no heed to the action of the court as that body at the next term ordered that both he and his wife be "taken by Constable William Hadden to Constable David Minear and he convey them into Washington County, Maryland, and there leave them."
At the July term of the court (1789) it was ordered that the roads from the county seat to Roaring Creek and from Jonas Friend's to Pringle's Ford and from Connalie's Lick to the top of Alleghany and from Wilson's Mill to the top of Alleghany at the Pendleton line be worked once a year and then cleared for a good bridle path eight feet wide. This order gives an insight into the status of the roads of that day. The roads mentioned above were among the important highways of the county at that time and no effort was made to keep them in a state of repair surpassing the bridal path standard.
The Grand Jury at the August term (1789) found only one indictment. There was one indictment for retailing apple brandy above the legal rate. The indictment was made on the information of five members of the Grand Jury. The im- portance and emoluments of the office of Commonwealth's Attorney had been keeping pace with the growth of the county. At this same term Wm. McLeary's allowance was raised to $33.33 per annum if there were two terms of the court and $50.00 if there were four terms. At the same term the Justices of the Peace took the oath of office as "required by Congress to support the Constitution of the United States." The constitution had been recently ratified and this was the first record of reference to the constitution.
At the September court (1789) Moses Ware was given a certificate for a land warrant for 400 acres of land for ser- vices as Sergeant in Colonel Gipson's regiment. The certi-
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A HISTORY OF RANDOLPH COUNTY
ficate explains that the warrant was taken from him when he was "captivated by the Indians." It does not say when or where. The court issued the certificate to Moses Ward, but at a subsequent term corrected its error by substituting Ware instead of Ward. The court at that term passed an order exempting Jacob Springstone from working the highway until he "be in a better state of health. he now being unsane."
Peace and pleasantness evidently did not prevail among the "worshipful" Justices at the March term (1790). Edward Jackson went before the Grand Jury and indicted his colleague. Robert Maxwell. for being drunk. whereupon Maxwell gave information to the Grand Jury that resulted in Jackson being indicted for the same offense. Jackson confessed, but Max- well stood trial and was acquitted.
At the April term (1790) the court ordered that Hugh Turner be paid $200 to enable him to carry on the building of the court house, and that $200 be paid him subsequently. making the entire cost of the court house $400. At the same term the jail was accepted from Edward Hart. the contractor. Prisoners, who had been boarding with the Sheriff. could henceforth be domiciled at a home especially provided for them.
The Sheriff was ordered. at the June term ( 1790), to pay Wm. Blair $33.33, his pension for that year. Mr. Blair was wounded at the battle of Point Pleasant. October 10. 1774. while serving under Colonel Charles Lewis.
The town of Edmonton was destined to have a brief official life. Only once in the records was there any refer- ence to Edmonton. At the October term (1790) a road was ordered opened from the town of Edmonton to Roaring Creek. In August of the next year. Beverly made its official bow to the public in the court records. when Edward Hart was licensed to keep an ordinary in the town of Beverly.
At the November term (1790) Maxwell Armstrong was the third attorney to be admitted to practice law in Randolph.
Thomas Wilson succeeded Wm. MeCleary as Common- wealth's Attorney at the March term (1791) of the court. No reason was given for retiring Mr. McLeary.
At the May term (1791) Jacob Lewis was appointed ad-
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A HISTORY OF RANDOLPH COUNTY
ministrator of the estate of Joseph Kinnan. Mr. Lewis was a brother of the widow Kinnan, whose husband was killed by the Indians May 11th of that year, only a few weeks previous. It will be seen by reference to another chapter that Mr. Lewis made his escape from the Indians by way of a window in a rear room where he was sleeping when the Kinnan house was attacked by the Indians. Withers' "Border Warfare" is in error as to the name and date. Withers has the name Caanan and the date of the occurrence in the latter part of the sum- mer of 1794.
The records of the September term (1791) reveal that Edward Hart, who built the jail was licensed to keep an ordinary. also conducted a cooper's shop by the spring. The adjacent forests with their retention of moisture made. prob- able. the existence of springs in the town of Beverly.
The cooper's trade in that day was a useful and impor- tant one. All tubs. casks. kegs. and barrels were made by hand. The order referring to these subjects and prescribing prison bounds reads as follows: Beginning at the corner of Ed. Hart's lot on the Front street opposite to the lot next above the lot whereon the court house is, thence down to the lot Hart's cooper shop is on by the spring. thence down with the lower line of the town to the lower end thereof. thence up to the front street and thence to the beginning. Imprisonment for debt was a legal proceeding and it is probable that the boundaries here given applied particularly to that class of prisoners. Creditors were compelled to pay the expense of imprisoned debtors.
The sympathies of the court for those who were com- pelled to travel the long and lonesome mountain roads, with- out the company and consolation of something to revive and cheer their drooping spirits, assumed a practical turn at the June term (1792) when that body passed the following order: "That Thomas Summerfield be permitted to retail liquor on the road that leads from Tygarts Valley to the North Fork. without payment of license. for the benefit of travelers on such a long and lonesome road." At this same term of court dollars and cents appeared for the first time on the records of the county. Pounds. shillings and pence were used in the
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A HISTORY OF RANDOLPH COUNTY
transaction of the county for two or three years later, but gradually went out of use. Tobacco was the legal currency of Virginia until 1794. Official fees and county levies were frequently computed in pounds of tobacco. At this same ses- sion of the court a committe was appointed to examine the falls of the Tygarts Valley river, in the present county of Taylor, and report on the probable expense of putting them in condition for fish to ascend the river. At the July term additional action was taken and the cooperation was asked of the Harrison County Court with the expression of the hope that it would meet with "your worships approbation." However, nothing has been done to this day, though there has been perennial agitation of the project.
The first reference to a saw mill in the records of Ran- dolph is found in the proceedings of 1794, when Jacob West- fall was permitted to erect a saw mill near the town of Bev- erly. Prior to this time the slab and the puncheon and the product of the cross-cut answered every purpose. The first steam saw mill is said to have been brought into this county from Virginia in 1878.
It is surprising that in so short a time, the most of our timber, our greatest natural wealth, the result of the provi- dent process of the ages, should be without thought or con- sideration for the future, used, wasted and destroyed.
Indictments in most cases in the years of 1795-96 were for assault and battery. Although presentments for Sab- bath breaking. "profane swearing" selling liquor "by the small," and against overseers of the highway for neglect of duty were by no means infrequent. In that day the indi- vidual's ability to take care of himself in conflict with savages and wild animals was considered a very desirable character- istic and the man who exceeded his fellows in strength and agility was looked upon as a hero in his community. An influence and environment of this sort necessarily resulted in personal encounters which terminated in the courts.
Randolph was still without a court house in 1795, though its construction had been undertaken seven years previous. At the August term (1795) the court ordered suit to be in- stituted against Edward Hart for failure to complete it.
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A HISTORY OF RANDOLPH COUNTY
The court at the September term (1795) gives us an index to the rate of daily wages in that day, when it allowed 50 cents a day to guards for prisoners at the jail for their services.
The records of the December term (1795) indicate that there was an Indian scare in the valley in that year. At that term of the court an allowance for patrolling Leading Creek was made to Thomas Phillips, Jacob Kittle, Samuel Ball, John Phillips and Moses Shuter. Although the Indians had not visited the valley since May, 1791, the settlers evidently believed that a raid was iminent.
There was a smallpox scare in Randolph in May, 1798. The court met in special session but did nothing except sum- mon all the Justices in the county to attend the next session and to take action to prevent the spread of the disease. The records of the court are silent as to any further efforts to stop the contagion.
The limited income of the pioneer, together with the necessities of incessant toil, incident to the conversion of the wilderness into cleared and cultivated fields, with the distance and inconvenience of travel to good schools made anything but a rudimentary education for their children be- yond their hope or ambition. The will of Raphael Warthen when admitted to record in 1798, is interesting for the reason that it shows the extent of the average and expected educa- tion of the youth of that period .. One provision of his will provided that "as much of my estate as will be sufficient to educate my children to read properly, to write plainly and to have a knowledge of arithmetic as far as the rule commonly called the simple rule of three."
From the fact that the sickle was the tool commonly used in cutting grain and the flail and the winnowing sheet the usual method of threshing grain, made anything except limit- ed crops in the early period of the settlement of this county, impossible. The inventory of the estate of Nicholas Wolfe gives information of the kind and quantity of the crops raised by the farmers in 1800, the year the appraisement of his estate was admitted to record. It was as follows: 5 acres of rye,
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A HISTORY OF RANDOLPH COUNTY
3 acres of wheat, 8 acres of corn, 5 acres of meadow, and 4 acres of oats.
Neither dude nor dullard ever became a pioneer. Dis- content presupposes intelligence and contemplation. The first settlers of Randolph evidently were dissatisfied with conditions in their native land. They left home and friends to seek free homes in a free country for themselves and their children. It required hope, courage, decision and determina- tion to undergo the isolation, hardships, and the inconven- iences incident to the life of the pioneer. They may, or may not have had the advantages of a liberal education, yet they possessed excellent judgment and good common sense. It would be interesting to know the books they read and the nature and extent of their libraries. In the records of the county there are only vague hints on this subject. In the list of articles of the estate of Nicholas Wolf, sold at vendute in 1800, we find that three "Dutch books and one English Almanac" brought 50 cents. In the inventory of the estate of Jacob Westfall, there is listed the following books: 6 volumes Doddridge on the New Testament, 4 volumes Gold- smith, 2 volumes Pope's Homer, 2 volumes Flower's History. 2 Spectator, 2 Parcels old books, 2 volumes Blair's Lectures, 1 Book Washington's Reports, 1 Clark's Magazine.
From the report of the Commissioners appointed to pass upon disputed land entries, their report as recorded in this county, shows that Peter Poffenberger and John Bush settled on Radcliff's Run, on the Buckhannon River in 1774, and that John Fink settled on Fink's Run in the same year.
In the appraisement of the estate of Nicholas Wolf (1803) poplar boards were rated at $10 per thousand feet. Among the items of the expenses attending the sale of his personal estate we find this one: "one other gallon of liquor, 75 cents." In the sale of the personal effects of St. Leger Stout about the same time, some of the articles commanded the following prices : One pair dog irons $2.00: two pot tram- bles and fire shovel, $4.00; fifteen pewter spoons, $5.85. Dog irons and trambles, once articles of universal use, are prac- tically unknown and discarded today. Dog irons or fire dogs were used to support the fore stick in an open fireplace.
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A HISTORY OF RANDOLPH COUNTY
Trammels were pendent hooks for suspending pots, kettles, etc., over an open fireplace. Chimneys were not in use prior to the early part of the 14th century and cooking and heat- ing stoves are comparatively modern innovations. In 1741 Benjamin Franklin invented what he called a Pennsylvania fireplace, which consisted of several plates of cast iron with a shutter to regulate the draught and a register to distribute the heat. From this rude construction the modern stove has evolved. Previous to 1825 the use of stoves, generally of the box pattern, and of very rude pattern, was confined to stores, halls, hotels, barroms, school houses, and churches, in the cities and larger towns. Not until the building of the B. & O. railroad, making possible the transportation of heavy goods, did the use of stoves come into general use in this county.
In the records of the court for the year 1803 we find the following item, in the report of an Administrator: "burial ex- penses, coffin, shirt and liquor and accommodations at the sale, $24.00."
In will book No. 1, page 23, there is recorded a list of the personal property of Joseph Kinnan, sold at vendue by Edward Hart, Administrator, and admitted to record, June 26, 1793. Mr. Hart ( in his final settlement a few years later, among the necessary expenses incurred) mentions five gallons of whiskey. It was the custom in the pioneer period to treat or give free drinks to those in attendance upon a public auction. Perhaps the object was to promote a liberal attendance, as well as a condition of mental opulence among the prospective purchas- ers. The list is interesting from the fact that it gives an insight into the possessions of the average pioneer as well as the prices these articles commanded in that day. Mr. Kinnan, it will be remembered, was killed by the Indians, at his home near the mouth of Elkwater. The list is as follows :
Two pair shears $ .50
One pot tramble. 3.33
One keg
.40
One keg
.35
Two rockers .90
Pewter
.80
One mattock
1.15
One cleavis
.35
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A HISTORY OF RANDOLPH COUNTY
Shoes and brush
2.00
Plow and irons
2.00
One kettle
1.85
One scythe
1.70
One ax
1.60
One horse
21.60
One ox
4.00
One heifer
7.50
Two yearling steers
11.00
Two yearling calves
12.00
One scythe
1.00
One jug
.18
One bucket
.35
One frying pan
.70
One musket
.90
One cow and calf
17.25
One cow
11.25
One horse
7.25
One mare
12.50
One mare and bell.
15.50
Hogs
40.00
Three sheep
6.50
Grain, upper place
6.65
Two stacks of hay
1.65
Flax, growing
.50
Corn on Sylvester Ward's loft
10.65
One brown horse
55.95
One bay colt
18.95
Wills Recorded in Randolph County.
A list of wills recorded in Randolph County prior to 1836 is given below, with the name of the testator and the date of record :
Andrew McMullen
1788
Adam Stalnaker 1814
George Ward
1791
Jacob Helmick 1815
David Haddan
1791
John Phillips 1815
Jacob Stalnaker
1791
Isaac Kittle
181
John Miller
1794
Ebenezer Kelley 1816
Isaac Bond 1816
Raphael Warthen
1798
Hezekiah Rosencrantz
1819
Catherine Carlick
1801
Martin C. Poling
1819
Thomas White
1802
Martin Poling
1820
Josiah Westfall
1802
James McLean 1820
George Mitchell 1822
Vincent Marsh
1804
Robert Phares 1823
St.Leger Stout
1806
Elias Alexander 1825
Thomas Phillips
1806
Boston Stalnaker 1826
Henry Mace 1807
Jacob Weese 1826
Mary Ann Marteny 1809
Samuel Bonnifield 1826
Thomas Holder
1810
Benjamin Hornbeck
1827
Edward Hart
1811
Joseph Summerfield
1828
Charles Myers
1812
Frederick Troutwine 1829
Abraham Kittle
1813
William Parsons
1829
Jeremiah Channell
1797
John Haddan
1803
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A HISTORY OF RANDOLPH COUNTY
Joseph Pennell
1831
James McClung
1833
John Rush
1831
Valentine Stalnaker
1833
Rinehart Dumire
1831
Henry Petro
1834
Richard Kittle
1831
John Light
1834
John Chenoweth
1832
Richard Ware
1834
Joseph Pitman
1832
Isaac Poling
1834
Sarah Bond
1832
Gilbert Boyle
1835
Jacob Weese
1832
Solomon Collett
1836
Jacob Stagle
1832
Mathew Whitman
1836
First Will Recorded in Randolph.
Below is given a copy of the first will recorded in Ran - dolph County. It is evident fro mits freedom from legal phraseology that it was a product of his own mind. The document is characterized by simplicity and attention to de- tails and left no room for doubts or different construction of meaning. It is as follows :
"In the name of God, Amen, I, Andrew McMullen, of the County of Harrison and State of Virginia, being weak of body but of perfect mind and memory, do make this my last will and testament in manner and form following: That is to say that it is my desire, after my decease, that I be decently buried agreeable to my circumstances, out of what little I have behind ; and as my affairs are in a very scattered condi- tion at present, owing to my past troubles, I therefore nomi- nate and appoint Robert Maxwell as my executor to see into and examine what trifles are mine, and goods likewise. When I was at Uriah Gandy's I lent him two pounds, five shillings cash, and gave him an order for a great coat of mine at Thomas Goff's a tailor, and a dollar to pay for the making of it ; and I gave him my note, as I got his gun by way of loan. But at the time I was at his house I was not in my head as 1 ought to have been, and I know not what way the note or anything was; but I hope I will do justice as a Christian. And his gun he can have again ; and what service he did for me, I hope he will be paid out of what he owes me. And for what orders I gave or sent Mr. James Cunningham, about getting my traps and other things, I hope they give them up to Robert Maxwell as I have appointed him to settle my
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A HISTORY OF RANDOLPH COUNTY
affairs. And do acknowledge this and no other to be my last will and testament; as witness my hand and seal this 21, day of June, 1786.
ANDREW MCMULLEN. "Witness : James Taffee and Joseph Friend."
The first deed admitted to record in Randolph is given below :
At a Court held for the County of Randolph the 25th day of June, 1787, the following Deed of Bargain & Sale of 200 Acres of Land from Ebenezer Petty & Elizabeth, his wife to Gabriel Friend was acknowledged and ordered to be Recorded.
This Indenture Executed this Twenty-fifth day of June, in the year of our Lord One Thousand Seven Hundred and Eighty-seven, between Ebenezer Petty and Elizabeth his wife, of Randolph County, and Commonwealth of Virginia, of the one part, and Gabriel Friend, of the County of Wash- ington and State of Maryland, of the other part. Witnesseth, That they the said Ebenezer Petty & Elizabeth his wife, their heirs and assigns for in and consideration of One Hundred and Twenty-five pounds, to them in hand paid, the receipt of which they hereby acknowledge, and themselves fully satisfye. Have bargained and sold and transferred unto the said Gab- riel Friend a certain Tract of land lying and being in the said County of Randolph, on the west side of Tigers Valley River, adjoining the lands of John Harness and John Crouch, junior, and boundede as followeth, towit: Beginning at a Maple thence south Ten Degrees East Ninety-six Poles to a Beach, South Twelve degrees west Sixty-eight Poles to two Syca- more, South Eighteen degrees West Thirty-two Poles to a Sycamore & Elm, South nine degrees East Thirty Poles to a Sycamore and Walnut, North Eighty-six degrees, East Thirty poles to two walnuts, South Seventy degrees, East fifty-two poles to an Elm and Walnut, North forty-two Degrees East Seventy-four Poles to two White oaks, East fifty-eight poles to a Sycamore, North Seventy-one degrees East thirty-three poles to two Cherries John Harnesses Cor- ner North thirty-eight degrees west one hundred & forty poles to a Spanish Oak near two Pines his Corner North-
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A HISTORY OF RANDOLPH COUNTY
thirty-three degrees West Eighty poles to a white oak, his Corner South Eighty-seven degrees west. Ninety-six poles to the Beginning. Containing two hundred acres and ap- purtenances to have and to hold the said Tract or parcel of Land with its appurtenances to the said Gabriel Friend his Heirs and assigns forever.
In witness of the presents we have hereunto set our hands and affixed our Seals this Day and Date above written.
EBENEZER PETTY [Seal]
her ELIZABETH C. (X) PETTY, [Seal]
mark
Recorded and Examined
Teste : JOHN WILSON, CR C
The Price of a Slave.
In deed book No. 10, page 378 of the county of Randolph, can be found a document, bearing date of October 30, 1830, recording the sale of a slave, Henrietta Crown, to Geo. Buckey of Beverly. Henrietta gained the favor of her master and his family and remained with them to the time of her death, some thirty years subsequent to the time of obtaining her freedom. Mr. Buckey was opposed to the institution of slavery, though it meant to him financial loss and was a Union sympathizer in the war between the states. Below is a copy of the instrument of writing in that transaction :
Know all men by these presents, that I, George Wash- ington Hilleary, of Prince George County, State of Mary- land, for and in consideration of the sum of Two Hundred and Forty Dollars, to me in hand paid by George Buckey, of the town of Beverly, county of Randolph, and state of Virginia, to and before the sealing and delivery of these pre- sents, the receipt whereof I do hereby acknowledge, have bargained, sold, granted and confirmed, and by these pre- sents do bargain, sell, grant and confirm to the said George Buckey a certain female slave named Henny, to have and to hold said female negro slave and her future increase to the
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A HISTORY OF RANDOLPH COUNTY
only proper use and behalf of the said George Buckey, his executors, administrators, and assigns forever, and I, the said George Washington Hilleary for myself, my executor and administrators, the said female negro slave with her fu- ture increase to the said George Buckey, his executors, ad- ministrators and assigns, and against all and every other person or persons whatsoever shall warrant and forever de- fend by these presents.
In witness whereof I have hereunto set my hand and affixed my hand and seal this 27th day of October in the year 1830.
GEORGE WASHINGTON HILLEARY,
(Seal)
Teste : Squire Bosworth,
Randolph County Court,
February Term A. D. 1831.
This bill of sale from Geo. W. Buckey appeared to have been acknowledged before the Deputy Clerk of the Court is ordered to be recorded.
Teste : A. EARLE, C. R. C.
The following names appear in the records of Randolph County prior to the year 1800 :
Arnold, Alexander, Armstrong, Allison.
Bogard, Blair, Bodkins, Buffington, Barker, Breeding, Bell, Brigs, Badgely, Beard, Booth, Brown, Ball, Bird, Bishop, Beebe, Bond, Booth, Buckey, Boyles, Berry, Blue, Beaty. Currence, Crouch, Cassity, Crow, Cooper, Conley, Christy, Clark, Chenoweth, Cook, Claypoole, Carper, Channell, Canfield, Cutright.
Davisson, Donohoe, Deener, Dent, Dawson, Dougherty, Daniels.
Elliott, Eberman, England.
Fink, Fisher, Friend, Ford, Ferguson.
Goff, Good, Gibson, Gandy, Green, Gallatin.
Hamilton, Haddan, Holder, Harness, Haddix, Hough, Hunt,
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A HISTORY OF RANDOLPH COUNTY
Hart, Heath, Harris, Howell, Hanna, Henderson, Hick- man, Harper, Hacker.
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