USA > West Virginia > Braxton County > History of Braxton County and central West Virginia > Part 13
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Erbaeon was settled as early as 1798 by a Carpenter family. Laurel creek, from a short distance below Erbaeon to Wainville, is a smooth stream with some beautiful bottom lands, surrounded with high precipitous mountains on both sides of the valley. These hills are filled with numerons eoal veins, rang- ing from a few inehes to over six feet in depth, and some of this coal is of a superior quality. In the Fall and Winter of 1916-17, the Sutton Coal Com- pany began to operate a colliery at Erbaeon, and the Lewis Coal Company of Baltimore began operating about the same time. Some years previous, Dr. Kessler operated what is known as the Kessler seam. In 1917. the Sutton Coal Company transferred its mining plant to the Withville Blaek Coal Com- pany. The eoal field surrounding Erbaeon is a very desirable one.
Erbacon has two stores, postoffiee, M. P. church and two hotels.
NEEDMORE.
Needmore is a post village on a star route on the Little Kanawha river, abont sixteen miles northeast of Sutton, near the great Bison range. It has one dwelling and the ashes of one store building which recently burned. Need- more embraees all that its name implies, and needs more of all that it now possesses. Its future depends upon its ability to acquire more of that which its name suggests. Its motto is symbolieal of its future, and its future will always justify the wisdom bestowed upon its name.
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CHAPTER VI.
Organisation of the County Court: First Court: Last Circuit and County Court Held in the County Before the Organization of the Board of Supervisors: First Owcers Appointed and Elected, County Roads, Early Marriage Li- censes, etc.
COUNTY COURTS.
The institution of County Courts originated 'in Virginia as early as 1623-1624, and as the most ancient, so it has ever been one of the most important. of our institutions, not ouly in respect to the ad- ministration of justice. but for police and fiscal affairs. They were first called Monthly Courts, and at first only two of them were established, their jurisdiction jealous- ly limited to the most pet- ty controversies, reserving the right of appeal for the party cast. to the Gover- nor and Council who were the Judges of what were then called the Quarter Courts.
In 1642-1643, the style of Monthly Courts was changed to County Courts, the Colonial As- sembly having previously begun, and continuing thenceforward to enlarge their duties, powers and SIMON PRINCE AND HIS GREAT-GREAT-GRANDSON jurisdiction, and to ex- SPURGEON HEFFNER tend the system to every
county as it was laid off.
As early as 1645, they had been matured into courts of general jurisdiction in law and equity, and the most important matters of police and fiscal affairs were confided to them.
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Previous to 1661-1662, the Judges of the County Courts had been styled Commissioners of the Monthly Courts, and afterwards Commissioners of the County Courts; but at the time, it was enacted that they should take the oath of a Justiee of the Peace and be called Justices of the Peace.
These tribunals now assumed a perfectly regular form, and their functions have ever since been so important that their institution may well be considered as a part of the constitution both of the colonial and present form of govern- ment. No material change was introduced by the war of the Revolution in their jurisdiction or general powers and duties of any kind.
Up to the time of the adoption of the State constitution in 1852, the Justiees composing the County Court were appointed by the Governor for life, upon the recommendation of the members of the Court, thus making that body self-continuous. They also recommended a candidate to the Governor for appointment of Sheriff, Surveyor and Militia officers, and also appointed their Clerk, Assessors and Constables. The only local officers elected by the people were members of the Legislature and Overseers of the Poor.
By the Constitution adopted in 1852, the Justices were elected by the peo- ple for short terms, as were also the Sheriff and other county officers but in other particulars, the system underwent no change.
When West Virginia was created, the system was changed to a Board of Supervisors for each county, which discharged the same duties as the old County Court, except that it was shorn of its powers as a Court of law and equity jur- isdiction ; each county district elected one member.
The Constitution of 1872 abolished the Board of Supervisors, and we now have a County Court that still discharges the important duties of all matters concerning county affairs, but has no law and equity jurisdiction.
FIRST COURT HELD AFTER THE ORGANIZATION OF THE COUNTY.
At a Circuit Superior Court of Law and Chancery held for the county of Braxton at the house of John D. Sutton on this 11th day of April 1836, and in the 60th year of the Commonwealth ; present, the Hon. Edwin S. Dun- can, a Judge of the General Court, and by Law appointed to hold a Circuit Superior Court of Law and Chancery for the said county of Braxton.
Ordered that William Newlon be appointed Clerk pro tempore of this Court, whereupon the said William Newlon appeared in Court, and took the several oaths required by Law.
Ordered that Samuel Price be appointed Attorney for the Commonwealth to prosecute in this Court, whereupon the said Samuel Price appeared in Court, and took the several oaths required by law.
Gideon D. Camden, Samuel Price, Solomon Wyatt and Cabell Tavennen, Gentlemen, who have been licensed to practice to law in the Courts of this Commonwealth, on this motion have leave to practice in this Court, whereupon
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the said Gideon, Samuel, Solomon and Cabell took the several oaths prescribed by law.
Ordered that the Clerk's office of this Court be held at William Newlon's residence in the Flatwoods till the next Court.
Ordered that Samuel Price, Attorney for the Commonwealth, be allowed fifty dollars for his ex-officio services during the present term which is ordered to be certified to the auditor of public ac- counts for payment.
Ordered that William Newlon, Clerk pro tempore of this Court, be allowed fif- teen dollars for his ex-officio services during the present term which is ordered to be cer- tifiied.
Ordered that this Court do now adjourn till the first day of the next term.
THE FIRST GRAND JURY.
The first Grand Jury that ever sat as a jury of inquest for the body of the county was impaneled at the second term of the Cir- cuit Court which convened on the 12th day of September, 1836, and the following nam- ed gentlemen composed it:
John C. Haymond, foreman, William D. WVM. CRAIG Baxter, Peter Conrad, Andrew Skidmore, Who lived to be a hundred and one Robert Chenoweth, Samuel Skidmore, An- years of age, and the five gen- erations, all lived together in the same house. drew Sterrett, John Given, Nathaniel Davis, George Keener, Peter Hamric, Lamastas M. Boggs, Nathan Mollohan, James Duffield, Sinnett Triplet, John J. Murphy, Robert G. Duffield, John B. Byrne and Marshall Triplet. They found but one indictment, and that was "a true bill against Alexander R. Ireland for a nuisance."
COURT RECORDS.
APRIL 26, 1836.
Asa Squires receiving the following vote of Justices, viz: Nicholas Gibson, John Clifton, John B. Byrne, Peyton B. Byrne, Andrew Sterrott, Lorenzo D. Camden, Marshall Triplett and William Given, is elected Commissioners of the Revenues for the said county, whereupon the said Asa Squires, together with Nicholas Gibson and Gideon Camden, his security, entered into and acknowl- edged a bond in the penalty of one thousand dollars, conditioned as the law directs.
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The Court proceeded to appoint a Crier of the Superior and Inferior Court of this County, whereupon Charles Byrne receiving the following vote of Jus- tices, viz : Nicholas Gibson, Asa Squires, John Clifton, John B. Byrne, Andrew Sterrett, Lorenzo D. Camden, Peyton B. Byrne, Henry Duffield, William Given, for the said office, and at the same time was appointed a Constable who to- gether with .Joseph Wyatt, Jacob Gibson, Samuel Morrison and John Morrison, his security, entered into and acknowledged a bond in the penalty of two thous- and dollars, conditioned as the law directs, whereupon the said Charles ap- peared in open court and took the several oaths required by law.
APRIL 27, 1836.
Charles Byrne and William Rose, and by Asa Squires, Commissioner of the Revenue of this County, appointed assistant under him, they appeared in Court and took the several oaths required by law.
The Court proceeded to the election of a surveyor of the County of Brax- ton, whereupon, Felix Sutton, George Berry and Samuel Skidmore were con- sidered for said office. They proceeded to vote viva voce; votes for Felix Sut- ton, the following Justices, viz: Nicholas Gibson, Asa Squires, John Clifton, John B. Byrne, Lorenzo D. Camden, Andrew Sterrett and Peyton B. Byrne; for George Berry, the following Justices, viz : Marshall Triplett, Henry Duffield, William Given. The said Felix Sutton having a majority of the Justices pres- ent and voting, was duly elected for the term of seven years which is ordered to be certified to the Governor to be commissioned as Surveyor as aforesaid.
Ordered that the new house of John D. Sutton on the Elk river be the place for holding the Courts of this County until further provided for.
Ordered that William Newlon, Clerk of this Court, keep his office at his residence in the Flatwoods until further provided for.
William Rose, Adam Given, John Morrison, Samuel B. Byrne and John Sisk, and by the unanimous vote of the Court, appointed Constables for the County of Braxton until June Court next, the Court being of opinion that they are men of honesty, probity and good demeanor.
MAY 24, 1836.
Andrew Sterrett, Asa Squires, David Given, John C. Haymond, and John B. Byrne are appointed Commissioners under the act of the General Assembly for the said County passed March 3, 1835. Considering Commissioners of Roads who after taking the oath required by law, shall enter upon the duties of their office.
Benjamin Skidmore, having produced to the Court, William Newlon's re- ceipt (Clerk of this Court) for two dollars, the amount imposed by law, leave is granted him for keeping a house of private entertainment in the said County until the first day of May Court next.
The Court proceeded to regulate the charges of all ordinances to be kept within the County, and adopt the following rates, viz: For breakfast, 25 cents,
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dinner, 25 cents, supper, 25 cents; lodging, 61/4 cents; horse to hay over night, 183/4 cents, oats per gallon, 121/2 cents, corn per gallon, 121/2 cents; French brandy per half pint, 25 cents; wine per half pint, 25 cents; rum per half pint, 61/4 cents; whiskey per half pint, 121/2 cents; apple brandy, per half pint, 121/2 cents.
The Court proceeded to regulate the charges for keeping property, stock, etc., taken by Sheriff's and other officers by virtue of executions, and lay thic same at the following prices, viz: for keeping every slave per day, 20 cents; for keeping every horse or mule per day, 8 cents; for all horned cattle or hogs, 41/2 cents cach per day; for keeping sheep or goats, every day 3 cents each.
Ordered that the Sheriff summon all the acting Justives of this County to appear here on the first day of the next term to take into consideration the propriety of adopting or rejecting the 1st and 2nd sections of the Act of As- sembly paper, March 3, 1835, concerning roads, etc.
WEDNESDAY, JULY 6, 1836.
The Court most agreeable to the adjournment of yesterday, present, John Clifton, Asa Squires, JJohn B. Byrne, Andrew Sterrett, Lorenzo D. Camden, Marshall Triplett, Peyton B. Byrne and William Given, Gent. Justices.
Ordered that Andrew Sterrett, John B. Byrne and Solomon Wyatt be, and they are hereby appointed Commissioners on behalf of this Court to make a contract with James Sutton, the owner of the Court house of this County, for holding conrts therein until a new one is provided for by the County, and that they report to Conrt.
The Commissioners appointed in the foregoing order to contract with James Sutton for the present Conrt house of this County, this day returned their re- port which is received and confirmed.
The Court proceeded to liquidate the claims of the County and order that the following claims be paid to-wit :
To John MeHamilton, Com. for locating County Site $30.00
To William Carnefix for same 33.00
To James Radcliff, for same. 33.00
To John Gilliland, for same. 45.00
To George H. Beall, for same. 33.00
To William Newlon, Clerk, for extra services. 12.50
To Solomon Wyatt, attorney, for the Court, for same 12.50
To the Crier of Braxton County. 12.50
To John James, 1 young wolf scalp. 1.50
To Jepa Shaver, 1 old wolf scalp 3.00
To Robert Shock, 2 old wolf scalps. 6.00
To Alexander Shock, 1 old wolf scalp. 3.00
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To Joseph James, 3 young wolf scalps. 4.50
To William Newlon, for procuring books, etc. 4.50
To David Evans, for repairing Court house 6.993/4
To Richard P. Camden, for books, etc. 74.621/2
Ordered that old wolf scalps be three dollars and those under six months, $1.50 for the present year.
Ordered that each tithable pay the sum of two dollars.
Ordered that John Haymond, Asa Squires and Alex. Spinks, be appointed Commissioners to report to the next Court of this County suitable plans to build the jail of said County, and that the Sheriff notify them of their appointments.
The Court proceeded to nominate suitable persons to his Excellency, the Governor of Virginia, to be added to the Commission of the Peace of this County, pursuant to an order of Court made at the last term of this Court, summoning them for that and other purposes which being returned by the Sheriff "Executed." The following persons were put in nomination, viz: Thomas B. Friend, Jacob Friend, Felix Sutton, William V. Hutt, Samuel Skid- more, Charles Mollohan, Robert Chenoweth, James Morrison, Asa Squires, Jr., Elijah Squires, Peter Lough, Thornton Berry, Fielding Berry, Samuel Cut- lip, Jacob P. Conrad, Benjamin L. Boggs and Archibald Taylor. The Court proceeding to eleet eight persons ont of the foregoing number. These voted for Thomas B. Friend, viva voce, the following Justices, viz: Asa Squires, John B. Byrne, Andrew Sterrett, Lorenzo D. Camden, William Given; for Jacob Friend, the following Justices, viz: John Clifton, Peyton B. Byrne, Marshall Triplett; for Felix Sutton and William O. Hutt, the following Justices, viz: John Clifton, Asa Squires, John B. Byrne, Andrew Sterrett, Lorenzo D. Cam- den, Peyton B. Byrne, Marshall Triplett and William Given; for Samuel Skid- more, the following Justices, viz: Andrew Sterrett; for Charles Mollohan, the following Justices, viz: John Clifton, Asa Squires, John B. Byrne, William Given, Marshall Triplett and Peyton B. Byrne; for Robert Chenoweth, the following Justices, viz: Lorenzo D. Camden; for Asa Squires, Jr., the follow- ing Justices, viz: John B. Byrne, William Given, Andrew Sterrett, Marshall Triplett, Peyton B. Byrne and Lorenzo D. Camden; for Elijah Squires, the following Justices, viz: John Clifton, John B. Byrne, William Given, Andrew Sterrett, Peyton B. Byrne and Lorenzo D. Camden; for Thornton Berry, the following Justices, viz: Marshall Triplett; for Fielding Berry, the following Justices, viz : John Clifton, Asa Squires, William Given: for Jacob P. Conrad, the following Justices, viz: Andrew Sterrett, Marshall Triplett, Peyton B. Byrne and Lorenzo D. Camden; for Benjamin L. Boggs, the following Jus- tices, viz: John Clifton, William Given, Andrew Sterrett, Marshall Triplett and Lorenzo D. Camden; for Archibald Taylor, the following Justices, viz : Asa Squires and John B. Byrne. The aforesaid Thomas B. Friend, Felix Sut- ton, William V. Hutt, Charles Mollohan, Asa Squires, Jr., Elijah Squires, Ja- cob P. Conrad and Benjamin L. Boggs, receiving a majority of the Justices
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present and voting as aforesaid were by the Court declared duly elected as Justices of the Peace as aforesaid which is ordered to be ceritfied to the Gover- nor of Virginia to be commissioned as such.
Nicholas Gibson, Crier of the said County, this day appeared in open Court and resigned his office, whereupon James Sutton of the said County Constable, was appointed in his stead.
JULY 7, 1836.
The Court met agreeable to the adjournment of yesterday. Present, Asa Squires, Andrew Sterrett, Lorenzo D. Camden, Peyton B. Byrne, Marshall Triplett, Gent. Justices.
Ordered that Robert G. Duffield, Archibald Taylor, David Duffield, John Given and John Rogers be appointed commissioners to view and mark a way for a road from John Howell's mill on the north side of the Elk river, running directly up the Elk river to Braxton Court house (or any three of them after being sworn for the purpose, and report to Court. We are not advised where Howell's mill was situated.
Ordered that David Given, Robert Given, Jonathan Pierson, James G. Mur- phy or any three of them after being first duly sworn for the purpose, do view and mark a way for a road from the forks of the Leatherwood run, the nearest and best way to Braxton Court house, and that they report to Court.
Ordered that William V. Hutt, Thomas Given, Asa Squires, Jr., Lorenzo D. Camden, and Andrew Sterrett or any three of them after being first duly sworn, for the purpose do view, and mark a way for a road from the Union mills on the north side of the Elk river to the Court house of Braxton county, and that they report to Court.
Ordered that James G. Peebles, Robert Chenowethi, Charles Mollohan, and Henry Roberson, or any three of them, after being first sworn, for the purpose do view and mark a way for a road from James Peebles Mill on Holly river and up the same to the forks, and that they report to Court.
Ordered that William Fisher be Surveyor of the road from the head of Granny's creek down the same to Braxton Court house, and that Jeremiah Mace and David Evans assist said surveyor in keeping the land in repair.
Ordered that Samuel B. Byrne, Peyton B. Byrne and Elijah MeNemar, after being first sworn, do view and mark a way for a road from the long Shoal run to the mouth of Oil creck, and from thence to Wilson Haymond's mill on Salt Lick, and that they report to Court.
Ordered that Samuel Cutlip, Benjamin Conrad, Isaac Riffle, Peyton B. Byrne, or any three of them, after being sworn for the purpose, do view and mark a way for a road from the mouth of Oil creek up the Kanawha river to Bull Town Salt. works, and that they report to Court.
On motion of John Sisk, it is ordered that Jacob Westfall, John Sisk, Mar- tin Riffle, after being first sworn, do view and mark a way for a road, leading
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from John Sisk's mill, the nearest and best way to George Wilson's on O'Brien's fork, and that they report to Court.
Ordered that Moses, and Nelly, his wife, colored people, be exempt from the payment of county levy.
Ordered that Cato and Mill, his wife, colored people, be exempt from payment of county levy.
AUGUST 2. 1836.
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Felix Sutton, Gent. produeing to the Court a commission under the hand and seal of the Lieutenant Governor of Virginia, bearing date the 7th of July, 1836, appointing him surveyor of this eounty, this day appeared in open court together with Andrew Skidmore, William D. Baxter and John Conrad, his security, entered into and acknowledged a bond in the penalty of three thous- and dollars which is in the words and figures. following, viz: "Know all men, ete." Conditioned as the law direct, the said Felix Sutton appeared in open eourt and took the several oaths required by law.
DECEMBER 6, 1836.
Ordered that Thomas Byrne, Elijah Squires, Lewis Perrine, William Fisher, Archibald Taylor, James Boggs and Marshall Triplett be appointed Sehool Commissioners of the County, and that the Sheriff notify them of their appointment.
On November 8th, 1860, the County Court laid off the county into sixteen sehool distriets, and appointed the following persons as School Commissioners :
Lewis Perrine to be Sehool Commissioner of Distriet No. 1, Henry Pierson of District No. 2, James Sutton of District No. 3, James Hefner of District No. 4, Thomos Skidmore of Distriet No. 5, Geo. W. Huffman of Distriet No. 6, Felix Sutton of Distriet No. 7, Wm. Hutchison of District No. 8, John Heater of Distriet No. 9, Fielding Berry of Distriet No. 10, Benjamin Posey of Dis- triet No. 11, Andrew J. Hopkins of Distriet No. 12, Samuel Cutlip of Distriet No. 13, Willis Thompson of District No. 14, Wm. B. Frame of Distriet No. 15 and James G. MeCoy of Distriet No. 16.
LAST GRAND JURY BEFORE THE CIVIL WAR. JUNE 4, 1861.
Grand Jury, To-wit :
C. W. Kelly, foreman, Benj. Huffman, B. F. Fisher, Archibald Taylor, Wm. G. Squires, Wm. D. Keener, Thos. MeElwain, John Given, F. F. Single- ton, A. B. Keener, Levi Prinee, S. R. MeCorkle, Jno S. Hefner, Wm. Perkins, Philip Moyers and Wm. Cart were empanneled and sworn a grand jury of in- quest for the body of the county, who after receiving their charge, retired to their ehamber to consider of their indictments and presentments, and after
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some time returned into Court and presented an indietment against Isaac Thrasher for trespass, assault and battery-a true bill-and an indietment against Benjamin Dobbins for seditious speaking-a true bill-and the grand jury having nothing further to present are discharged, and in motion of the attorney for the commonwealth, it is ordered that summons issue against the defendants on the foregoing indietments returnable on the first day of August term next.
Upon the petition of Philip Duffy and of the sureties in the official bond of Franeis C. Bogg, Sheriff of this county, the Court doth require the said Boggs to give a new bond as such Sheriff, whereupon the said Francis C. Boggs, this day appeared in Court and together with Felix Skidmore, James A. Boggs, John C. Taylor, Joseph James, William Hutchison, J. M. Corley, Samuel Fox, H. F. Hyer, John Morrison and Martin Rollyson, his securities entered into and acknowledged a bond in the penalty of thirty thousand dollars, condi- tioned for the faithful execution of the duties of his office, which bond is or- dered to be recorded by the elerk of this Court who is also directed to trans- mit a copy of said bond and a copy of this order to the Auditor of Public Aeeounts.
MAY 9, 1861.
The justices of the county of Braxton, having been summoned to meet. this day, and being present, to consider the propriety of arming and equiping the militia of said county, and of providing means for that purpose under an aet of the Legislature of Virginia, enacted on the 19th day of January, 1861, entitled an aet to authorize the County Court and any incorporated eity or town to own the militia of their respective counties, cities and towns, and to provide means therefor, and all of the Justiees of this eounty being present and aeeepting said aet, it is ordered that the sum of $4,000 be raised and appro- priated for the purpose of arming and equiping the militia of said county or such portion thereof as may hereafter be deemed proper. And Jno. S. Cam- den, P. B. Adams, Chas. E. Singleton, B. W. Byrne and H. A. Holt are hereby appointed agents for the purpose of making sueh purchases of arms and other military equipments as they may deem proper, within the limits of said appro- priation, and for the purpose of raising the necessary means-are hereby au- thorized to negotiate loan or loans for and in the name of said county or to execute bonds as agents of said county as they may see fit. And to aet in the matter subjeet to the directions of the County Court of this county at any term thereof.
Ordered that this Court now adjourn until the first day of the next term. A. S. BERRY.
At a Court held on the 4th day of June, 1861, Allen S. Berry, this day resigned his office as Presiding Justiee of this Court, to take effeet on the 1st day of August Court next.
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The Court proceeded to make choice of a Presiding Justice of this Court. Allen S. Berry and James M. Corley were put in nomination, and the Court proceeding to vote. There voted for Allen S. Berry, the following Justices, viz: Samuel Cutlip, Asa Coger, Jac. M. Evans, John C. Taylor and James M. . Corley ; and for James M. Corley, the following Justices, viz : Martin Rollyson, I. J. Friend, W. Thompson, A. J. Young, A. R. Cunningham, U. Duffield, S. W. Hines, Thomas Skidmore, Nathan Mollohan, Thomas Saulsbury, M. H. Mor- rison, R. Rader and A. S. Berry; and the said James M. Corley, receiving a majority of the votes, was declared duly elected Presiding Justice, to take effeet on the 1st day of August term next.
Ordered that this Court now adjourn till tomorrow morning 10 o'clock.
The Court adjourned on the following day, June 5, 1861, and was the last County Court held by that body. The following Court met during the interim, and proceeded to transact business.
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