History of Charleston and Kanawha County, West Virginia and representative citizens, Part 12

Author: Laidley, William Sydney, 1839-1917. [from old catalog]
Publication date: 1911
Publisher: Chicago, Ill., Richmond-Arnold publishing co
Number of Pages: 1066

USA > West Virginia > Kanawha County > Charleston > History of Charleston and Kanawha County, West Virginia and representative citizens > Part 12

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Then King Charles attempted to monopo- lize the trade, but this was no more successful than was King James' attempt to suppress it.

The two attempts perhaps did more to flush the market than anything that could have been done, and the beauty of the traffic was that it brought back to Virginia the cash. Then the people began to spend it in things they were unable to buy without this extra deposit to their credit in the bank. With ready cash and with purchases of finery as an incentive the growth and cultivation increased and kept up with the demand. The tobacco crop became the wealth of the people with rich land, and with the ne- gro to attend to it, the business flourished and everything prospered. Under these circum- stances was it a wonder that this colony was not loyal to the Crown?

There was never a sufficient amount of coin in the country and it was not possible for the business to be done therewith but with the to- bacco crop to help out, they began to use their credit and paper money helped along. Then they began to pay their debts with tobacco and then they paid their taxes, their ministers' sal- aries and all the other official salaries were paid in tobacco; so that it was not surprising that they had two currencies-money and the money producer. And the one soon became the more common of the two, and it was not a great while before taxes, fines, debts, judgments and all other demands were payable in tobacco and it became a legal tender in Virginia. In the early days of Kanawha the people could raise

AND REPRESENTATIVE CITIZENS

tobacco, but they could not always raise the money. Other crops would some times fail and money would not always be plentiful and a con- venience was made and a price per pound estab- lished and either commodity was accepted.

Among the peculiarities in its use, it was the custom to ask your friends to drink it, and it was kept for use in a lily-pod of white earth and lighted with a splinter of juniper or with a live coal held with a pair of silver tongs. Two pence a pound was placed on it and if the price was a little better, they paid their debts in money and sold their tobacco.

There was some tobacco raised in Kanawha, but just exactly how it was marketed, we do not know; probably they did not ship it, only used it instead of money.

KANAWHA FALLS TO MONTGOMERY

From the Kanawha Falls, down the river, on the South side, the first old settler was Isaac Jenkins. He owned all the land from the Falls down to Loup Creek on the river ; his house was about three and a half miles west of the Falls about half a mile above Loup Creek. He patented 100 acres on the Kanawha River in 1818 and 100 acres on Loup Creek in 1828.

Buster-This family was from Kentucky and there was a family from Virginia. They may have been of the same family long ago. Thomas Buster lived above Armstrong Creek and his holdings were from Armstrong to Loup. He had William, Thomas, Jr., J. R., Philip, Joseph and Dorcas. William B. mar- ried Sarah Bousman. Thomas, Jr., who was a physician, never married, and died about 1885. J. R. married Elvira Dempsey ; he was a farmer, miller and merchant. Philip went to Missouri. He sold out to Aaron Stockton, Deepwater; Joseph, died in 1839; his wife re- turned to Giles County. Dorcas married Ma- son Coleman, and a descendant of theirs re- sides there. He is a "long-fellow," about six feet, five inches. The widow married Nic Jones, brother of John Jones ; she died in 1850.

ented 76 acres on Armstrong and 57 at Arm- strong and Kanawha in 1825.

Next below was Ben Morris, who sold his brick house and farm on the north side of the river to his brother Levi and moved over on the south side, and afterward it became the Montgomery farm and now the town of that name. Mrs. Manser, the daughter of Ben Mor- ris, was born in 1792.

Aaron Stockton purchased the Kanawha Falls in 1816 and also the place at the mouth of Kelly's Creek. Tom Buster, from Malden, owned the Blue Sulphur Springs in Green Brier, which was a favorite summer resort.

Col. Andrew Donnally was born in the north of Ireland and came to the Valley of Virginia in 1750. He was the county lieutenant and sheriff of Botetourt County in 1775. He mar- ried Jane McCreary of Augusta in 1776. Donnally's Fort was built in 1771 near Lewis- burg, which at that time was in Botetourt County. Col. Donnally was county lieutenant in Greenbrier under Gov. Thomas Jefferson. Hammond and Prior went from Pt. Pleasant to notify the settlers in Greenbrier in 1778, and the Indians attacked the fort soon after the notification. His daughter, Katie, a young girl, made bullets for the defenders; she married Capt. John Wilson. Andrew Donnally was a man of great natural ability, with much cour- age and physical strength.

It was in 1782 that Lewisburg was estab- lished by law and Col. Donnally, Samuel Lewis, James Reed, Samuel Brown, John Stuart, William Ward, Thomas Edgar -were appointed trustees. Col. Donnally went to near Point Pleasant and remained a year or two. He owned Dick Pointer, the negro who fought in the fort in 1778. Dick's son was made a cap- tive in 1790 and became an Indian Chief, but in 1812 he sided with the Americans.

After leaving Point Pleasant, Col. Donnally came to the mouth of Elk, and afterwards went above Charleston, about five miles, and there died in 1825. His son, Andrew Donnally, Jr., married in 1802, Marjorie Van Bibber, a daughter of Capt. John Van Bibber, and they had six sons and two or more daughters. One daughter married J. H. Fry and another mar-

George Richards lived below where "Eagle" now is, and owned land there and the islands in the river. They left a son, William Richards, who lives at Oak Hill, aged ninety. He pat- . ried Col. John Lewis. Jesse Boone (son of 7

HISTORY OF KANAWHA COUNTY

Daniel) was a brother-in-law of Andrew Don- nally, Jr., and he, Jesse, went west in 1816. Andrew, Jr. died in 1849.

In the early days of Greenbrier county, it was alleged by some Presbyterians that Andrew Donnally was a Romanist. The principal rea- son for the charge was that on some record or legal document his name had been spelled O'Donnally. This, in the county of Green- brier, in those early days, was a serious charge, in politics, except only in the "Irish Corner." . Mr. Donnally had an investigation made and the statement was shown to be incorrect. The parties making the charge subsequently ad- mitted that they were in error.

Davis Creek. At the mouth of Davis Creek, Fleming Cobb settled and he was a very early man in the valley and went to the mouth of the Kanawha, to Fort Randolph, to bring some powder to the Fort in Charleston, and on his return the Indians tried to capture him, but failed and he brought in the powder. His home was near the river.

Reuben Daggs settled about four miles up the creek. His wife was a sister of Samuel Cook, who also lived on this creek. Elisha Dodson was also a settler and he has a son, James M. Dodson. His wife was Margaret

Daggs, daughter of Reuben Daggs, and Bob was their son. Reuben who was born in the fort in Charleston, died in 1872. ›

Thomas Davis died in 1878, aged about eighty years. He settled about six miles up the creek. Samuel Cook settled about four miles up.

Davis creek became known as having there- on the Black Band Iron Ore, that is, there was coal found thereon in which there was iron ore and it was supposed that the coal would smelt the ore and a furnace was built to make iron and it was not a success for some reason, but it lead to a railroad being built up Davis Creek to bring out coal.

We heard no more of the iron ore and fur- nace but there was a coal which took the name of Black Band coal, of the very best quality of block coal, which was in great demand, found on Davis Creek and on Brier Creek and else- where on the creeks of Coal River. This Davis Creek Railroad was built to haul this coal to the Chesapeake and Ohio Railroad on the Kanawha and the coal shipped to Chicago.

The said Davis Creek Railroad was greatly injured by a freshet on Davis Creek and they have not been shipping for some time.

CHAPTER VI

BENCH AND BAR

Organization of the Courts-Judges John Coalter, James Allen, Lewis Summers, David McComas, James H. Brown, Joseph Smith, George W. Summers, Mathew Dunbar, James IV. Hoge-F. A. Guthrie-S. C. Burdett Judges of the Court of Appeals of Virginia- Early Attorneys of the Kanawha Bar- Charleston Lawyers, 1911-In Memoriam.

ORGANIZATION OF THE COURTS

To explain the judiciary system of Virginia and note its changes and its growth would en- tail more labor than its compensation in cur- iosity would justify. Its interest would be ap- preciated only by a few lawyers, and lawyers are not paying men, generally. Without going far into details we might say, that in the Col- ony there was no court of final resort, except to the King and Council and that would gen- erally amount to nothing.

There was the county court, composed of justices of the county and they were appointed by the Governor, they served without fee or reward; except, that by rotation, the office of sheriff for two years was given to a justice, for his services on the County Court.

These county courts, these justices, could and did almost any and everything that any- body could do, and were a sort of legislature, judicial and executive body for their own coun- ty.

The General Court, so called because its ju- risdiction was general over all persons, causes, matters or things at common law whether by original process or appeal, or any other writ, or other legal way or means, and its jurisdic- tion extended all over the state.

District Courts were established and the civil and criminal jurisdiction of the General Court was given to this District Court by appeal, etc.

In 1809 the District Courts were abolished and the Circuit Superior Courts of Law in

each county, were substituted in their stead, and in 1819 there were fifteen circuits, and each circuit had about seven counties, on an average.

There was a Supreme Court of Chancery. There was such courts in Staunton, Winches- ter, Clarksburg and at Wythe court house, Richmond and Williamsburg and the places for holding them increased.

The Supreme Court of Appeals was estab- lished in 1778 but was held by Judges of other Courts.

In 1788 this Court was organized by Judges to be appointed by both houses of the Assem- bly and it has remained a separate court ever since and in 1811, there were five judges. Judge John Coalter was appointed on the Gen- eral Court in 1809 and on the Court of Appeals in 18II.

That Judge James Allen's appointment to General Court in 1811, must have been to fill the place of Judge Coalter. Lewis Summers was appointed on the General Court in 1819 and served until in 1843 and after his death David McComas was placed on the General Court and this Court was abolished in 1851, and the Circuit Courts of law and chancery substituted and the first judge for Kanawha Circuit was Judge George W. Summers ; he re- signed in 1858, and David McComas was then selected and he held until the war came on, during which he died, and then the re-organized government of Virginia placed Judge James H. Brown on the Kanawha Circuit and he after-

HISTORY OF KANAWHA COUNTY

wards was elected for the Supreme Court of West Virginia when Judge Daniel Polsley succeeded him, until he was elected to Con- gress and then Judge James H. Hoge took this bench and he was succeeded by Joseph Smith, who was followed by Judge F. A. Guthrie, and he was followed by Judge S. C. Burdette, who now presides on the bench of the Circuit Court of Kanawha.

JUDGE JOHN COALTER

Judge John Coalter held the first court held in Kanawha county and it was April, 1809. He was born near New Providence in Augusta now in Rockbridge, Virginia. He was a son of Michael Coalter, and he studied law, went to Staunton to practice, and was made judge of the General Court and as such came to Ka- nawha to hold the Court here, and in 18II he was promoted to the Court of Appeals, on which he served until 1838 when he resigned. He lived in his later life near Fredericksburg. He was married four times and he belonged to a good old Virginia family, and was honored and respected as a Judge.

It would not do to omit Hale's joke on this judge. He was a stranger to the people and ways of Kanawha, whose only acquaintance with courts was their own County Court, whose rules were rather easy. Some offender was tried and found guilty of some offense not regarded serious and the judge gave him the full benefit of the law, when the convicted man meant to make an appeal for less sen- tence. Thus he spake : "See here, Judge, don't you think you are setting your colter a little too steep for a new ground ?"

JUDGE JAMES ALLEN

James Allen was appointed on the Gen- eral Court in 18II. He was from Wood- stock, Shenandoah county, because his son is reported as having been born in Wood- stock. This son was John James Allen, who went to Clarksburg, Harrison county, and settled, and afterwards was on the Court of Appeals.

James Allen held the Circuit Court in Kanawha until Judge Lewis Summers was appointed in 1819. We regret that we are un-

able to furnish any further data of Judge James Allen.

JUDGE LEWIS SUMMERS

There came from Fairfax county, Vir- ginia, the Summers family, consisting of George, the father, and Ann, his wife, and five sons and five daughters. This George Summers was the son of Francis and Jane Summers of Alexandria. He was born in 1758 in Fairfax and died in Kanawha in 1818; his wife was Ann Smith Randolffe and they were married in 1776.

Lewis Summers was their first born, and his birthday was November 7, 1778; he never married and he died in August, 1843, at the White Sulphur Springs and was buried at Walnut Grove, now in Put- nam county, W. Va. Besides him there were Cotton, Jane, Elizabeth, Ann M., Fer- dinand, Celina, Sydney, Albert, and George William.

Of Col. George Summers, the father, it was said, that in all the relations of life, he manifested a vigorous and correct under- standing and an integrity the most inflex- ible. He served several sessions in the As- sembly at Richmond, and was in the Con- vention of 1800, and was once the sheriff of his county.

In 1810 he made a tour of inspection, following the route that Lewis had pre- viously marked out and came to the Kana- wha Valley, and went down the Ohio as far as Guyandotte, and returned by way of Wheeling and then back home to Alexan- dria.

The trip resulted in the purchase of Walnut Grove, known as the estate of Dr. Craik, also of Alexandria. In 1813 he came to take possession of his land and prepare a home for his family and in Jan- uary, 1814, the calvacade moved westward. They reached their new home and he spent the rest of his life in fixing his farm and home.

After four years on the Kanawha, he was laid to rest, with his fathers. Lewis Summers then became the head of the Summers family in Kanawha. He pos-

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sessed a liberal education, and was ad- mitted to the Bar at twenty-two years of age, and was also much interested in polit- ical affairs. It was in June, 1808, he made a trip and passed down the Kanawha Val- ley and spent a few days in Gallipolis, Ohio, thence up the Ohio to Wellsburg and then up the Monongahela and down the Potomac to his home and in the fall of the same year, he made his last trip and settled in Gallipolis. While in Ohio he was elected to the Senate, but he did not long remain in that state and in 1815 returned to Virginia and made his home in Charles- ton. He began the practice of law and also was one of a commercial firm, after- wards known as Summers, Scales & Co., which was a leading firm from 1816 to 1822. He was also engaged in salt making until 1833. £ His mother and two brothers, Albert and George, came from the Grove to Charleston and lived with Lewis, after the death of the father in 1818. Albert died in 1824. In 1821 the boys being off to school, the mother returned to the Grove and Lewis attended her and ever after- wards made that his permanent home. He built at the Grove a large flouring-mill, es- tablished a large warehouse and general merchandise store and with his houses there was quite a little village. He ac- cumulated a good large library of law and miscellaneous books. He became a judge of the General Court and Judge of the Ka- nawha Circuit Court in 1819, and he re- mained on the bench until his death in 1843. He was able and conscientious and his court was one of great dignity and de- corum. He was elected to the General As- sembly in 1817 with John Hansford. He and others were appointed to equalize the lands known as the "Savage Grant," lo- cated between Guyandotte and Catletts- burg and their report is yet on file. He was greatly interested in the improvement of the water ways and highways and was interested in the Board of Public Works, etc. He never married, and the Summers family were all Episcopalians. He was a supporter of that church and gave aid to

the building of St. John's church in Charles- ton.

There is a portrait in oil in Charleston, at his niece Mrs. A. J. Ryan on Broad St., who prepared a sketch of him which was published in the July, 1903, W. Va. His- torical Magazine, which is more fully and at large set forth, and from which this is taken.

JUDGE DAVID M'COMAS

He was the son of General Elisha Mc- Comas, and the wife of the Judge was a Miss French. He was a member of the General Court of Virginia, a judge of the Kanawha Circuit Court and was at one time a state sen- ator from the Kanawha district. He was born in 1795 and died in Giles county, Va., in 1864. He was full of humor, good natured and was a distinguished judge.

There are many stories told of him-of his negligence of dress and other habits. He gen- erally on his circuit neglected to relieve his soiled clothes but left them at his boarding house. He and his wife went to Cabell to visit his relations and made a visit to them all, ex- cept one unfortunate brother and he told his wife that they must go and see him, and she inquired whether he was not at the poor-house. "Yes," said the Judge, "but there is no differ- ence between him and myself; he is on the county and I am on the state."

It has been said that he made the first straight-out secession speech that had been made in Virginia, while he was in the state senate. His home was for some time in Charleston on Virginia street above the old Episcopal church. He left no children. Judge McComas, not- withstanding some personal peculiarities, was ever held in high esteem acting as a judge of correct principle and a learned man, and was highly esteemed as a man.

JUDGE JAMES H. BROWN

He was the son of Dr. Benjamin Brown of Cabell county, who came from Prince William county, Va., to Cabell county in 1805. He was born in 1818, was educated in Marietta College, Ohio, and in Augusta College, Ky. He read law with John Laidley of Cabell, was

HISTORY OF KANAWHA COUNTY

admitted to the bar in 1842 and practiced in Cabell, Wayne, Logan, Jackson and Kanawha and in the Appellate Court and in the Federal Courts. In 1848 he removed to Kanawha and made Charleston his home, and here he went into the Courts where there were older and younger lawyers and where the bar was recog- nized as a strong one. He made the trial of land cases a specialty and he took conditional fees and won cases and gained lands.

When the war came on he was elected to succeed Judge David McComas, who went South and died: Judge Brown was judge of the Eighteenth Judicial Circuit of Virginia. He resigned his seat in the legislature and in the constitutional convention being held at Wheeling. To hold a circuit court in this circuit was a dangerous undertaking, while at Wheeling he was protected by the military forces of the U. S., but in holding circuit courts, the military forces about, sometimes wore the grey, instead of the blue, and then he had to adjourn his court, sine die, and get into different quarters.

At a court held in Mason county, they did not give him very ample notice and his leaving there was under fire. At a court in Cabell, he received a little more notice and he reached Guyandotte in time to secure transportation on a steamboat that was held up, waiting for him, by the Federal forces, and brought him again within the Federal lines. It was well known that to capture any officer of the Wheel- ing government was the special duty of all Confederate soldiers.

The new state of West Virginia was formed in June, 1863, and new officers had to be se- lected and Judge Brown was elected as one of the Judges of the Supreme Court of Appeals, for eight years; and he served his term on that Court, which of course vacated his judgeship on the old circuit court of Kanawha under the old state.

By the time that his term on the Supreme Bench expired, the party that had elected him, renominated him, but this party by that time had lost its power in the new state, and he re- tired and again began the practice of the law, with his sons in partnership with him. He was

always respected and honored as an able, up- right and conscientious judge.

He was in his ante-bellum days an old time Democrat, and when the war came on, he had come to a parting of the ways; he was no be- liever in secession, and parties now were di- vided into Union and Secessionist, and he be- longed to the Union party. This party after the war almost unanimously became Republi- cans and he was no exception; he had made the choice for the Union and he stood by that selection. No doubt he often had a bitter pill to swallow, but he took his medicine. He was nominated on the Republican ticket for the Legislature and on the Democratic ticket his son, James F. Brown, was a candidate for the same office, and both were elected.

He was of the Presbyterian faith, and his church divided and here he stood by his colors, and remained with the General Assembly of the U. S. and let go the synod of Greenbrier which had gone further South. He died in October, 1900, aged 82 and a suitable monument marks his resting place in the cemetery of Charles- ton. He was a man that everyone respected, whether they agreed with his views or not.

IN MEMORIAM Hon. James H. Brown, ~ A former judge of the Supreme Court of Appeals of West Virginia

At a special term of the Supreme Court of Appeals of West Virginia, continued and held in Charleston, county of Kanawha, on the 30th day of March, 1901, Wesley Mollohan, on be- half of the Bar of Kanawha county presented to the court the resolutions of the Kanawha County Bar, respecting the late Judge James H. Brown, as follows:

"Resolved, That by the death of the Hon. James H. Brown, the Bar of the Kanawha has lost its oldest and most learned member, and the state and county one of our most useful and honored citizens.

"He was not only learned and distinguished in his profession but was an able and upright judge.

AND REPRESENTATIVE CITIZENS

"In personal and public affairs he was a man of sterling honesty and intrepid courage and very vigilant in promoting by every fair and honorable means the best interest of his com- munity, his country and his state. His life and profesional career furnished an example of probity, energy and success well worthy of the highest emulation.

"Though ever courteous and generous to his brethren of the Bar, yet he was ever faithful to and tenacious of every right of his clients.

"It is difficult to adequately express our ap- preciation of his many virtues and noble quali- ties, but we desire to here place upon record humble though insufficient tribute to his mem- ory as a man, a citizen, and a lawyer."

WV. MOLLOHAN. G. E. PRICE. MALCOLM J. JACKSON. H. C. MCWHORTER. E. W. WILSON. THOMAS L. BROUN.

"And said Mollohan addressed the Court touching the life and career of Judge Brown as a lawyer and a member of this Court, and it is ordered that the resolutions so presented be spread on the records of this Court and the ad- dress of Mr. Mollohan be filed and published in the reports of this court."

(A true copy, attest)

JAMES A. HOLLEY, Clerk.

Remarks of W. Mollohan on presenta- tion of resolutions of Kanawha Bar on the death of Judge James H. Brown:

"Some time ago Judge James H. Brown departed this life at his home in this city. After his death there was held a meeting of the Kanawha Bar at which meeting cer- tain resolutions were adopted and I was ap- pointed to present the resolutions to this honorable Court, which I now do, and in connection therewith I deem it my duty, as well as honored privilege, to say some- thing by the way of elaboration to what is set forth in the resolutions as to the career of this distinguished man.

"Judge Brown was born in Cabell county, Virginia, (now West Virginia) December the 25th, 1818, a son of Dr. Benj. Brown,

who removed to the banks of the Ohio where Huntington now stands in 1805, from Prince William county, Virginia, where the family had lived since 1636, de- cendants of William Brown, who emigrated from England at about this date. He had attended Marietta College but, owing to ill health, left college and spent some time in travel and afterwards completed his college course and graduated at Augusta College, Kentucky; read law with the late John Laidley, Sr., of Cabell county; was ad- mitted to the bar in 1842, practicing on the circuit in Cabell, Wayne, Mason, Jackson, and Kanawha, and in the Federal and Ap- pellate Courts. In 1848 he removed to Kanawha county and ever after made Charleston his home. From 1848 until 1852 he was in partnership in the practice with the late J. M. Laidley, Esq., and later, with the late W. S. Summers, the latter as- sociation continuing until the war, when Mr. Summers went South in the Confeder- ate army.

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History of Charleston and Kanawha County, West Virginia and representative citizens, Part 12

Author: Laidley, William Sydney, 1839-1917. [from old catalog] Publication date: 1911 Publisher: Chicago, Ill., Richmond-Arnold publishing co Number of Pages: 1066

Author: Laidley, William Sydney, 1839-1917. [from old catalog]
Publication date: 1911
Publisher: Chicago, Ill., Richmond-Arnold publishing co
Number of Pages: 1066