USA > West Virginia > Kanawha County > Charleston > History of Charleston and Kanawha County, West Virginia and representative citizens > Part 15
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Henry St. George Tucker was born near Petersburg in 1780, and went to Winchester to live in 1802, and married Ann Evelina Hunter in 1806, and one of his sons was John Randolph Tucker of the Cleveland cabinet and president of the American Bar Associa- tion. In 1807, Henry St. George Tucker was elected to the legislature. He took part in the War of 1812, and in 1815 was sent to Congress. Then he was in the senate of Vir- ginia for four years and in 1824 was elected chancellor of the fourth judicial district in place of Dabney Carr, promoted to court of appeals, and Mr. Tucker founded the Win-
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chester Law School, among whose students were Green B. Samuels, Geo. H. Lee, William Brockenbrough, R. M. T. Hunter, Henry A. Wise and others equally distinguished. In 1830-31 Judge Tucker was elected president of the court of appeals over Brookes, Carr and Cabell. He resigned in 1841, and was given a professorship in the University of Virginia, but in 1845 retired, and died in 1848.
In March, 1811, Francis T. Brooke and James Pleasants, Jr., were elected judges of the court of appeals, but Mr. Pleasants re- tired and William H. Cabell was commis- sioned to take his place. Judge Brooke quali- fied in 1811 and remained long and faithful. He was born in 1763, near Fredericksburg, and his father was with Governor Spottswood when he crossed the Blue Ridge in 1715 and held a golden horseshoe set with garnets. Robt. Brooke, a brother of the judge, was governor of Virginia and was afterwards elected attorney-general over Bushrod Wash- ington. Francis and John were twin brothers. He was quite busy in the War of 1812, and as one of the events of his life, while the legis- lature was in Staunton (having been driven there by the British), he heard Patrick Henry and Richard Henry Lee speak.
He says that after receiving his license to practice law, he began in the wilds of Monon- galia, at Morgantown, and was appointed the attorney for the commonwealth, and there met the famous Albert Gallatin. He was mar- ried in 1791 to Miss Spottswood, who had "luxuriant brown hair." Another great event was seeing Washington open a great ball in Fredericksburg.
Judge W. H. Cabell belonged to an old English family and rendered distinguished service both in war and in peace. He was born in 1772 in Cumberland county and was a grandson of Col. George Carrington. He was licensed to practice law in 1793, was sent to the assembly in 1796 from Amherst, he supported the famous resolution of 1798, was elected governor in 1805 and represented the majesty of the state with propriety, dignity and grace. The trial of Burr and the firing of the frigate "Chesapeake" by the British sloop in 1807, both awakened public interest.
He was elected to general court in 1811 and to court of appeals in, same year. In 1851 he retired, and died in 1853.
He was on the bench for fully forty years and was one of the ablest judges that ever sat thereon.
John Coalter was commissioned by Gov- ernor Monroe to fill the vacancy caused by resignation of St. Geo. Tucker in 18II. This court of appeals in 1789 consisted of five judges. He had been on the general court prior thereto.
John W. Green was appointed to fill the va- cancy caused by death of Judge Spencer Roane in 1822. He died in 1834, and was succeeded by William Brockenbrough, who died in 1838, and he was the father of Judge John W. Brockenbrough, of the U. S. district court.
Dabney Carr was appointed in 1824 to fill a vacancy caused by death of Judge Fleming. Dabney Carr, Jr., was the son of Dabney Carr, who died in 1773, a rival of Patrick Henry and a friend of Thomas Jefferson, whose sister he married. Dabney, Jr., was born in 1773 and died in 1837. He and Will- iam Wirt were young lawyers at Charlottes- ville. He was said to be one of the ablest judges on the bench. His integrity and purity of life commanded universal respect.
Richard E. Parker in 1837 was appointed to fill the vacancy caused by the death of Dab- ney Carr. He was a son of Judge Richard Parker of the first court of appeals. Judge Richard Parker was of the circuit court, was a son of Judge Richard E. Parker, was resid- ing in Winchester, who presided at the trial of John Brown in 1859.
Robt. Standard was appointed to fill a va- cancy caused by the death of Judge Brocken- brough in 1839. Judge Standard was born in 1781 in Spottsylvania and died while writing an opinion in 1846. He was a brilliant and talented lawyer. He was in the famous con- vention of 1829-30. He relied on common sense. He was said to be particularly strong before judges.
John James Allen was appointed to be judge of the 17th circuit to fill a vacancy caused by death of Judge Allen Taylor in 1836. J. J.
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Allen was not known generally when ap- pointed. He was born in Woodstock in 1797, read law with his father, Judge Allen, and after securing his license he went first to Campbell Court House, then to Clarksburg. In 1840 Judge R. E. Parker died and J. J. Allen was elected to fill said vacancy.
In II and 12 Leigh, I and 2 Robinson and first sixteen volumes of Grattan, Reports, may be seen the character of his work. He lived to be seventy-four years of age and was buried with his father. He was the associate of Cabell, Brooke, Standard and Tucker. He retired in 1865.
Briscoe Gerard Baldwin, a relation of the author of "Flush Times of Alabama and Mis- sissippi," was the eldest son of Dr. Cornelius Baldwin and his wife Mary, who was a daughter of Col. Gerald Briscoe of Frederick county and was born in Winchester in 1789. He entered W. and M. College, and studied law with Judge William Daniel, Sr., who was grandfather of the U. S. senator Daniel. He afterwards settled in Staunton and practiced law till 1842, and was then elected to supreme court and held this office until his death in 1852. He was married in 18II, he repre- sented Augusta county in assembly in 1818, and was afterwards elected to second term. He was a member of the Constitutional Con- vention of 1829-30. At the bar he was able, eloquent and skillful. The able attorneys of the Staunton bar were Chapman Johnson, Daniel Sheffy, John H. Payton and Briscoe G. Baldwin. In 9 Leigh, 434, the court changed its opinion for him. He helped decide I Grat. 169-I Grat. 217, which made the law of ad- versary possession. He was the father of Col. John B. Baldwin, one of the greatest orators of the state, and in the Civil War was no be- liever in the doctrine of secession, but went with his state because of the love of his people. The early death of Judge Baldwin was a great loss to the state.
Judge William Daniel was born in 1806 in Cumberland county, was educated at Hamden- Sidney, studied law in 1827-28, and was li- censed to practice before he was twenty-one, and was elected to legislature and served while he was a minor. In 1846 he was elected
a judge of the court of appeals and was re- elected after the constitution of 1851, and served until 1865. His first wife was Susa A. Warrick, daughter of Maj. J. M. Warrick of Lynchburg, and she was the mother of Senator Daniel, the author of Daniel on Neg. Notes. Judge Daniel died in 1873 at Farm- ville. He held that to call one a d-d liar was equivalent to the first blow, and this is the established doctrine of the Virginia courts. One of the celebrated cases he decided was 16 Grat. 139, in 1856, which was an act to pre- vent escapes of slaves on vessels.
R. C. L. Moncure came early to the bar, was sent to the general assembly in 1849-50, and was placed on committee for revision of the law, to fill the vacancy caused by Judge Brooke's death. He was elected to fill the vacancy in 1851. The constitution of 1851 vacated all commissions of judges and he was re-elected. He continued to hold his place in the court till near the close of the war, when he retired to private life, but as soon as our government was restored, he was again elected to said court, and when the Old Dominion became a military district, he was compelled once more to retire to private life, but after the adoption of the constitution he was again elected as one of the judges of the court of appeals, where he remained until his death in 1882. He was elected to the same position four times and was on the bench for more than thirty years, and his reputation un- spotted.
Green B. Samuels, of Rockingham, was in 1852 elected a judge of the supreme court by the people, and he died in 1859.
W. J. Robertson of Charlottesville was born in Albemarle in 1817, was educated at the university, with his diploma of LL.B. He was made commonwealth attorney. He was in 1859 elected to the supreme court of ap- peals over the distinguished J. B. Baldwin of Augusta, to fill the vacancy caused by the death of Green B. Samuels. He served until April, 1865, then he returned to the bar. He was general counsel for Gen. C. Lee in the Arlington suit. He was general counsel for the Chesapeake & Ohio Railroad and for the N. & W. R. R. He was elected the first
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president of the Virginia Bar Association, and he recommended the abolition of the com- mon law forms of pleading. He was married twice, first to the daughter of General Gordon of Albemarle and next to Mrs. Alice Watts Morris, the famous Virginia belle.
Geo. H. Lee, a native of Winchester, was elected while living in Clarksburg. He never sat on the court after 1861.
Lucas P. Thompson was elected to the court, but died before he took his seat.
Alexander Rives was made a judge of su- preme court in the year 1866.
William R. Joynes died in Petersburg in 1874; he was born in Accomac in 1817, and settled in 1839 in Petersburg. He married a daughter of Judge May. He was appointed U. S. district attorney and in 1863 was elected judge of the first judicial circuit (Confederate States). In 1865 he was elected to the legis- lature and was then elected to the supreme bench. He resigned in 1873 on account of ill health.
Wood Bouldin was born in 1811 in Char- lotte county. He died in 1876. He was con- nected with the Tylers. His father, Thomas Tyler Bouldin, while in Congress, arose to ad- dress the House, began his address by a ref- erence to John Randolph, who had lately died, and before he finished, he himself dropped dead.
Wood Bouldin attended the academy of Rev. Nicholas Cobb, afterwards the bishop of Alabama. He then read law under William Leigh. After coming to the bar, he went to Richmond and became a partner of Robt. Stauard. He purchased the estate formerly owned by John Randolph. His integrity was of the highest order, during the war he was sent to the legislature. After the war he re- turned to Richmond. He was in the capitol when the floor gave way in 1870, but not seri- ously injured. In 1872 he was elected to a seat on the court of appeals to succeed Judge Joynes. The first opinion 22 Grat. Carr vs. Carr, a divorce suit, won for him a high posi- tion as a judge. In 1876 his health failed him and he retired to his farm and died.
Judge Joseph Christian took his seat on the bench of the supreme court and retired in 1883.
Walter R. Staples was born in 1826 in Pat- rick county, read law with William Ballard Preston, secretary of the navy. He was sent with W. C. Rives, R. M. T. Hunter and Judge Brockenbrough to the provisional congress at Montgomery, Alabama, in April, 1861. He was re-elected in 1863 and served until the close of the war and in 1870 was elected to the supreme bench. In 1882 the readjusters and associates were not re-elected.
Francis T. Anderson was chosen in 1870, with R. C. L. Moncure, W. T. Joynes, Walter R. Staples and. Joseph Christian as the court of appeals.
Edward C. Burks succeeded Judge Bouldin in 1876.
R. C. L. Moncure died in 1882, was suc- ceeded by Judge L. L. Lewis.
F. T. Anderson was born in 1808 in Bote- tourt, he read law, and in 1830 married Mary Ann Alexander, daughter of Andrew Alexan- der of Rockbridge, to which county he re- moved in 1855. He was an elector of Bell and Everett, for whom the vote of Virginia was cast-the first time she did not vote for a Democrat. He did not believe in coercion and went South with his state. In 1870 he was chosen one of the judges of the court of appeals and on which he served until 1883. He died in 1887, in the seventy-ninth year of his age.
Edward C. Burks was born in Bedford in 1821, he graduated in law at the University of Virginia in 1842, and practiced until elected in 1876 to the supreme court of appeals, on which he served for six years.
Lunsford L. Lewis was born in Rocking- ham in 1846, graduated in law department at university, was appointed by President Grant district attorney for the eastern district until elected to court of appeals to fill the vacancy caused by the death of Judge Moncure, said to be a man of incorruptible integrity.
Benjamin W. Lacy, born in 1839, was with Lee when he surrendered; had been three times wounded; was elected to court of ap- peals in 1880.
Thomas T. Fauntleroy was born in Win- chester in 1823, is a maternal grandson of Col. Charles Munn Thurston and a grandson of Col. Charles Magill, and son of Thos. T.
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Fauntleroy, who was colonel Maryland Dra- goons and resigned. He graduated in law class in 1844 in the University of Virginia, and practiced in Winchester. He participated in capture of John Brown, and was a lieuten- ant in the military service of Virginia. In 1883 was elected to supreme court of appeals, has been twice married, has ten children.
Drury A. Hinton left the university in 1861 to enter the C. S. A. in 4Ist Virginia Regi- ment as first lieutenant Company G. He was elected in 1882 to court of appeals. He dis- sented in case of Commonwealth vs. Cleveri- ous.
Robert A. Richardson is from Smythe county, is a manly judge and very much liked by the bar.
Lewis, Lacy, Fauntleroy, Hinton, and Richardson were elected in 1882 for a term of twelve years, which expired January, 1895.
Thus we have seen the first court of appeals of Virginia and then the supreme court of appeals of Virginia and the readjusters court of appeals, and at no time has there ever been a question of the integrity of a single judge. There were never seen better judges and they were honest and sincere men whose impar- tiality and integrity were never questioned.
'THE JUDGES OF THE SUPREME COURT OF AP- PEALS OF WEST VIRGINIA; ORGANIZATION
OF THE COURT, JULY 9, 1863, AT WHEELING, WEST VIRGINIA
William A. Harrison, president for twelve years.
James H. Brown of Kanawha, for eight years.
Ralph L. Berkeshire of Monongalia, for four years.
William A. Harrison was born in 1795; served till September 1, 1868, when he re- signed; died in Clarksburg December 1, 1870.
Ralph L. Berkeshire, born April, 1816, served four years till December 31, 1866, and again from January, 1869, to December, 1872, when filling unexpired term of WV. A. Harri- son. Died November 8, 1902.
James H. Broun, of Kanawha, born Decem- ber 25, 1818, served till December 31, 1871.
Died October 28, 1900, in Charleston. (See
sketch. )
Edwin Maxwell of Harrison, born July 16, 1825, elected for twelve years from January, 1867, till December 31, 1872, when his term was ended by the new constitution. Died
February 5, 1903.
Charles Page Thomas Moore of Mason county, born in 1831, elected in 1870 for twelve years; term ended December, 1872; was re-elected for twelve years and served from 1873 to December, 1880, when he re- signed.
John S. Hoffman of Harrison, born in 1821; on reorganization of court in 1883 he drew a short term of four years, to Decem- ver, 1876. Died November 18, 1877.
James Paull of Ohio, born 1818, served from January, 1873, till May, 1875, when he died in office .-
Alpheus F. Haymond of Marion, born 1823, served from January, 1873, to January I, 1877, was re-elected for twelve years till 1883, when he resigned. Died December 15, 1893.
Mathew Edminston of Lewis, born in Po- cahontas in 1814, was appointed on the court of appeals as successor of Judge Hoffman, who resigned in 1876, served till 1877. Died at Weston, 1887.
Thomas C. Green of Jefferson, born in 1820, was appointed in 1875 as successor of Judge Paull; elected in 1876; re-elected in 1880 for twelve years; served until his death in 1889.
Okey Johnston of Wood, born in 1834, served from January, 1877, till December, 1888. Died in June, 1903.
James French Patton of Monroe, born 1843, was appointed in 1881 to fill a vacancy caused by the resignation of Judge Moore, served until his death, March 30, 1882.
Adam C. Snyder of Greenbrier, born in 1834, was appointed in 1882 to fill vacancy caused by death of Judge Patton; served till 1885; was elected for full term in 1884; served till 1890, when he resigned. Died July 24, 1896.
Samuel Woods of Barbour, born in 1822, appointed in 1883 to fill vacancy caused by
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resignation of Judge Haymond, served till January, 1889. Died February 17, 1897.
Henry Brannon of Lewis, born in 1837, was elected in 1888, and re-elected for another full term from January, 1901.
John Warth English of Mason, born in 1831, was elected in 1888 for twelve years.
Daniel Bedinger Lucas of Jefferson, born in 1836, was appointed in 1889 to fill unexpired term of Judge Green, served from January, 1890, till December, 1892.
Homer A. Holt of Greenbrier, born in 1831, was appointed in 1890 as successor to Judge Snyder, served from 1890 to Decem- ber, 1895. Died January 7, 1898.
Marmaduke H. Dent of Taylor, born in 1849, was elected in 1892 for twelve years from 1893 to December, 1904.
Henry Clay McWhorter of Kanawha, born in 1836, was elected for twelve years till De- cember, 1908.
George Puffenbarger of Mason, born in 1861, was elected for twelve years from Jan- uary, 1901.
Warren Miller of Jackson, born in 1848, was appointed in 1903; served till December, 1904; was succeded by Joseph M. Sanders.
Frank Cox of Monongalia, born in 1862. was elected for twelve years from January. 1905; resigned to take effect January, 1907, and Judge W. N. Miller was appointed as his successor.
Joseph M. Saunders of Mercer, born in 1866, was elected for twelve years from Jan- uary, 1905; resigned October, 1907.
William N. Miller of Wood, born in 1855. appointed January, 1907, to fill vacancy caused by resignation of Judge Cox. Elected in 1908 for unexpired term.
Ira E. Robinson of Taylor, born in 1869, appointed in 1907 as successor of Judge Saunders, elected for unexpired term of eight years.
Luther J. Williams of Greenbrier, born in 1856, elected in 1908 for twelve years from January, 1909.
CLERKS OF COURT OF APPEALS
Sylvanus W. Hall of Marion, born in 1838,
served from July 9, 1863 to August 18, 1871, when he resigned. Died March, 1908.
Odell S. Long of Ohio, born in Westmore- land, Pa., in 1836, served from August, 1874, to December 26, 1897, the date of his death.
James A. Holly of Lincoln, born in 1855, served from January, 1898, till November 17, 1902, when he resigned.
William B. Mathews of Marshall, born in 1866, served from November, 1902.
LIBRARIANS
John L. Cole of Kanawha, from March, 1871, till June, 1875.
Edward L. Wood of Kanawha, from June, 1875, till March, 1877.
Edward L. Wood of Kanawha, from March, 1877, until March, 1881.
Edward L. Wood of Kanawha, from March, 1881, until October, 1882.
Benjamin H. Oxley of Lincoln, from Feb- ruary, 1890, till April, 1891.
Edward L. Wood of Kanawha, from March, 1893, to March, 1897.
Pleasant S. Shirkey of Kanawha, from July, 1898, to March, 1901.
Samuel W. Starks of Kanawha, from March, 1901, to April, 1908.
John C. Gilmer of Kanawha, from 1908.
EARLY ATTORNEYS OF THE KANAWHA BAR
The record does not show that the bar of Kanawha court was crowded with attorneys for some time after court was organized. The Kanawha county court began in October. 1789, and while there were suits tried, with and without juries, and the record states that "the parties appeared by their attorneys," it had failed to show the name of a single attor- ney that had been admitted to practice, until August 1. 1796, when it appeared that Ed- ward Graham produced a license signed by Paul Carrington, Edward Winston and S. Henry, judges of the superior court, etc., was admitted to practice law in this Kanawha court and took the oaths prescribed, and he was thereupon appointed the attorney for the commonwealth for this county. On July 3, 1797, William H. Cavindish was admitted.
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On August 7, 1797, Augustus Woodward was admitted.
To obtain license to practice law, one had to apply to three judges and secure a certifi- cate from them of his proficiency. Just where the applicants would find the judges to exam- ine them would depend much on circum- stances. It does not seem that the attorneys were crowding to the Kanawha courts to practice law in the early Indian days, but the court proceeded along without them. After the Indians ceased to come, then the attorneys began, as did the doctors and ministers.
In 1799, William Sterrett was admitted and in 1800 James Davenport and Gilbert Christian were admitted. Afterwards Cap- tain Cartmill, James Wilson, Charles Bald- win, Joseph Lovell, Mathew Dunbar, Andrew Parks and from that on, they were admitted without end.
To explain the judiciary system of Virginia, and note its changes and its growth would entail more labor than its compensation in gratified curiosity would justify. Without going too far into details, we might say, that in the colonies there was no Court of final resort, except to the King and council, and this would generally amount to nothing. There was the county court, composed of jus- tices 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 service on the county court. These county courts, these justices could and did al- most any and everything that anybody could do, and were a sort of legislature, judicial and executive body for their own county.
The general court was so called because its jurisdiction 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 jurisdiction 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 ap- peal, etc. In 1809 the district courts were abolished and the circuit supreme 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 court in Staun- ton, Winchester, Clarksburg and Wythe Court House, Richmond and Williamsburg, and the places for holding them increased.
Circuit Court .- The supreme court of ap- peals was established 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 assembly, and it has re- mained a separate court ever since, and in 18II there were five judges (see 2d Va. Cases). This says that John Coalter was ap- pointed on the general court in 1809 and on the court of appeals in 18II. That James Allen was appointed to general court in 1811; he must have taken the place of Judge Coal- ter.
Lewis Summers was appointed to the gen- eral 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. The first judge for Kanawha circuit was Judge George W. Simmons ; he resigned in 1858, and David McComas was then selected, and he held until the war came on, during which he died, and then the organized government placed Judge James H. Brown on the Kanawha circuit, and he afterwards was elected for the supreme court of West Virginia, when Judge Palsley succeeded him, until he was elected to Con- gress. 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. Burdett, who now presides on the bench of the circuit court of Kanawha.
Judge Lewis Summers' last order was en- tered June 20, 1843. Judge Joseph L. Fry held the next term. The spring term, 1844, was held by Judge David McComas. Octo- ber, 1847, term-Judge E. S. Duncan held the term. The spring term, 1848, was held by Judge Lee and also the fall term. In May, 1850, Judge Mathew Dunbar was the judge of the Kanawha court until .October, 1851,
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and Judge David McComas held the courts thereafter. From July 1, 1852, Judge George W. Summers held the circuit court, being elected by the people under the new constitu- tion, and Mathew Dunbar was elected the prosecuting attorney.
The attorneys under this new court were Mathew Dunbar, David McComas, C. E. Doddridge, J. N. Read, J. M. Laidley, An- drew Parks, E. W. McComas, Nicholas Fitz- hugh, J. A. Warth, Edward Kenna, T. B. Swann, John L. Moseley, Isaac N. Smith, J. H. Brown, Charles Hedrick, Col. B. H. Smith and others. Judge Geo. W. Summers con- tinued as judge until July 1, 1858, when he re- signed and was succeeded by David McComas, and he continued until the war came on, dur- ing which time he died. Judge J. H. Brown in May, 1862, succeeded Judge McComas. The attorneys present and qualified at this time were F. A. Lovell, Andrew Parks, John A. Warth, W. E. G. Gillison, J. M. Laidley, Col. B. H. Smith and Geo. W. Summers, and W. L. Hindman was the prosecuting attorney. Judge Daniel Palsley held the first W. Va. circuit court in October, 1863, and C. A. Sperry, G. W. Summers, Col. B. N. Smith, F. A. Lovell and W. L. Hindman were the at- torneys qualified. In October, 1866, the last court was held by Judge Palsley, and in April, 1867, Judge Hoge held his first term. Judge Smith held his first term in May, 1874, and his last in June, 1880. Judge Guthrie began in February, 1881, and Judge Burdett in June, 1905.
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