History of Harrison County, West Virginia : from the early days of Northwestern Virginia to the present, Part 22

Author: Haymond, Henry. 4n
Publication date: 1910
Publisher: Morgantown, W. Va. : Acme Pub. Co.
Number of Pages: 528


USA > West Virginia > Harrison County > History of Harrison County, West Virginia : from the early days of Northwestern Virginia to the present > Part 22


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It was a frequent saying that three good rains were sufficient to make a corn crop, if they fell at the proper time. The want of rain was com- pensated in some degree by heavy dews, which were then more common than of late, owing to the shaded condition of the earth, which prevented it from being either warm or dry by the rays of the sun during even the warmest weather.


Frosts have severely bitten the corn as early as September 22nd. Hunting snows usually commenced about the middle of October and No- vember was regarded as a winter month, as the winter frequently set in with severity during that month and sometimes at an early period of it.


For a long time after the settlement of the Country much more snow fell in comparison to the snow fall of recent times. It was no unusual thing to have snows from one to three feet in depth and of long con- tinuance.


Deep snows were the occasion of much labor and discomfort to the in- habitants. Paths had to be made to the barn, spring, smoke house and corn crib. The labor of getting wood during a deep snow was exceedingly disagreeable, as when a tree fell it buried itself in the snow, so that the driver had to plunge his arms deep into the snow to get the log chain around the trunk to haul it to the house.


Dr. Doddridge says that the spring season of the year has not changed much, but that the summers are warmer, the fall milder and longer, and


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HISTORY OF HARRISON COUNTY


our winters shorter by at least one month, and accompanied with much less snow and cold than formerly.


The coldest winter of which there is any account is described by the ancient chronicles as follows :


The winter of 1779-80 began early and continued until March £


It was perhaps the severest winter in the history of the United States. In January the harbor of New York was frozen over so solidly that the Brit- ish drove laden wagons on the ice from the City to Staten Island.


In Western Pennsylvania the snow began to fall heavily about the holidays and was followed by exceedingly cold weather for two months.


The snow accumulated at intervals and by February 1 was four feet deep in the woods and on the mountains. This stopped all the supply trains from the East and the garrison at Fort Pitt suffered severely for food and clothing. Many of the soldiers were without shoes, and scout- ing expeditions were out of the question. The officers were without money or credit and were reduced to extreme straits.


Great was the destruction of animals and birds in the forest. The snow was so deep that they could not get food, and when the Spring came the hunters found only the dead bodies of deer, turkey and smaller game."


Thomas Haymond, who was at that time a child living near Morgan- town remembers throwing corn to the wild turkeys, who came close to his father's house in search of food having been made tame by hunger.


About the year 1800 a meteor passed across Harrison County, and by its brilliant light and tremendous explosions created terror and conster- nation among the inhabitants.


Major William Haymond, who was at the time on a surveying expe- dition and encamped in the woods somewhere west of Clarksburg, gives the following account of it:


"Agreeable to my own observations, and taking into view the obser- vations of several others, who saw the light rise up previous to its spread- ing, the origin of the phenomenon must have been between the West and North West from me, at the distance of about five and six and twenty miles, at or near the Buckeye Bottom.


The first report was rumbling and by information was heard upward of two hundred miles. The subsequent reports were distinct, not involved one with another and regularly timed to about two-thirds of a second, much louder than cannon or other reports that I have heard. They passed from West to East about three miles and three-quarters above the Earth, at the rate of about thirty-eight miles in a minute.


Their distance from me when nearest was about six miles and two- thirds. The distance from me to the last I heard was about twenty miles and one-third.


I am, dear sir, your obedient servant,


WM. HAYMOND.


MR. ROBERT NEWMAN,


Centerville.


The year 1816 was known throughout the United States as the year without a summer. But little grain or fruit matured North of the Potomac.


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HISTORY OF HARRISON COUNTY


In Harrison County there was frost in every month of that year. While the crops were very short there was enough to supply the wants of the inhabitants.


In the year 1820 occurred the greatest sleet ever known in this country. A cold rain set in which froze as it fell, and the forest was bent to the ground with it in every direction.


As the sun the next day shown down upon the woods, they resembled a forest of glittering glass and presented a rare and beautiful sight. Every little twig was as thick and looked like a glass candle. Great trees were broken and for days the public roads were obstructed by fallen limbs and trees and nearly all one day the branches could be heard breaking. Nothing like it was ever seen before or since.


On the night of November 13, 1833, occurred what has always been spoken of as the night on which the "stars fell."


For hours the heavens were ablaze with shooting stars, flaming me- teors, tongues and balls of fire and sheets of flame, darting in every di- rection presenting a grand and brilliant though terrifying spectacle. Many of these as they approached the earth seemed to go out or disappear.


This brilliant and unusual display created great excitement and ter- ror. Many supposed that the end of things had at last come, and hundreds prepared themselves accordingly and prayed for protection from the threatened calamity.


Towards morning the sky cleared, nature assumed her wanton aspect. Old Mother Earth continued on her course as usual and the people be- came calm.


This phenomenon was probably caused by a comet passing across the Earth's orbit, causing a meteoric shower.


In the year 1828 considerable excitement was occasioned by the letter "B" appearing on the blades of wheat. Superstitious people believed that this letter stood for blood, and that it foretold that war or some other great calamity was impending.


About the year 1833 a hurricane starting on Middle Island Creek be- low West Union and moving Eastward to near Salem and Bristol and then turned Northerly to the lower part of Indian Run.


The path of this blizzard was rather irregular and at intervals would skip or jump over a hill and resume its general direction.


It destroyed a brick house near West Union and cut a wide swath in the timber up-rooting large trees, twisting some from their stumps and flinging others hundreds of feet away from the place of their growth, and destroyed everything in its pathway.


This is the only destructive windstorm known to have visited Harri- son County since it was occupied by the white people.


In the Spring of 1852 occurred the great flood in Elk Creek and the West Fork River, which carried away nearly all the bridges and did im- mense damage to growing crops, fences and houses.


On June 5, 1859, occurred a heavy frost, which destroyed every liv- ing thing in the shape of crops, fruit and garden vegetables.


Some few wheat fields that were above a certain line on the hills es- caped damage.


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HISTORY OF HARRISON COUNTY


Corn was replanted and the wheat fields ploughed under and sowed in buckwheat and good crops were raised.


In July 1888 another great flood occurred, which was more destruc- tive than the one of 1852.


The Maulsby bridge was the only one left standing on the West Fork river in the County, and not a bridge was left around Clarksburg.


"January 1, 1840. Snow fell two feet deep. Thomas Haymond says it is the deepest snow since the winter of 1779 and 1780."


A very severe winter occurred in 1899, the thermometer ranging at Clarksburg from February 8th to the 15th at from 8°, 10°, 20° to 34° below zero. One day, the 8th., it was below zero all day. This is the coldest continuous weather existing here since thermometers were in use.


At different times slight shocks of earthquakes have been felt, but no damage has ever been done by them.


We have traditions of intensely cold weather, deep snows falling early in the fall and lying on the ground until late in the spring, but from the best information that can be gathered there has been little or no percep- tible change in the weather since the first settlement of the County, except that incident to the clearing out the forest.


The snow will lie longer in a forest than on cultivated ground and as the country becomes cleared out the streams rise higher and get lower. This is owing to the trees, logs and leaves acting as a sponge and retaining the water, and preventing it running off rapidly, while in cultivated lands it drains off at once thus causing high water in the streams.


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HISTORY OF HARRISON COUNTY


Courts.


In October 1777, the General Assembly passed an Act for establishing a court of common law of general jurisdiction called the General Court of Virginia, which was composed of five judges elected by the General Assembly and was to hold its sessions at Williamsburg.


By the Act of 1788 the State was divided into Districts composed of several Counties, and Judges of the General Court were detailed to hold Court twice a year at one place in each District.


Under this act the first law Courts, other than county courts were held west of the mountains, the one for North Western Virginia being held at Morgantown as appears from the following extracts from the order book :


At a Superior Court held for the District of Harrison, Monongalia, Ohio and Randolph Counties, at Monongalia Court House, on Monday the fourth day of May one thousand seven hundred and eighty-nine, in the thirteenth year of the Commonwealth.


Present Joseph Prentis and Cuthbert Bullitt, Esquires, Judges who were allotted to hold this Court by the General Court.


John Williams qualified as Clerk, Francis Talliaferro Brooke as De- puty attorney and James Daugherty as public jailor for the District.


The following members of the Grand Jury appeared: Francis Wor- man, Joseph Jenkins, Samuel Hannaway, Thomas Chips, William John, John Davis, Henry Dering, Charles Herreman, Nicholas Carpenter, Wil- liam Lowther, John Hall, John McCauley and John Jackson.


The following who had been summoned as Grand Jurors but failed to answer were James Cockran, Daniel McCaln, Thomas Webb, Robert Maxwell, Cornelius Bogard, Peter Cassedy, Edward Jackson and George Jackson.


The Court fined each one of them four hundred pounds of tobacco, and as there were not sufficient members present to constitute a Grand Jury the Court adjourned until the first day of the next term. The min- utes were signed by Joseph Prentis.


The next term of Court was held on the 21st. day of September, 1789, by Judges James Mercer and Richard Parker.


The Grand Jury were John Pearce Duval, Gentleman, Foreman John Evans, Robert Ferrell, Henry Dering, John Davis, Thomas Butler, Thomas Chips, Charles Harriman, Benjamin Biggs, George Bealls, John Bukey, James Mitchell, William Haymond, John Powers, John Hall, George Jackson, John McCally, Edward Jackson and John Jackson.


Three Indictments were found at this term, two for larceny and one for riot.


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HISTORY OF HARRISON COUNTY


The order fining the recusant members of the Grand Jury at the last term was remitted.


The Court sat two days and transacted but little business. The min- utes of the Court proceedings were signed by James Mercer.


The assignment of the Judges of the General Court, to hold Court West of the mountains, was not a very agreeable billet, and it may well be imagined was not much sought after. The detail involved the long journey on horseback through an uninhabited and trackless wilderness and after reaching the place of holding Court the best quarters that could be procured were perhaps no better than a deer skin on a rough cabin floor for a bed, and wild meat and corn bread for provender. But not- withstanding the hardships and privations excellent, worthy men were willing to endure them and do their part in establishing law and order among the pioneers of the border.


The Circuit Courts were substituted for the District Courts in 1809 by the Act of the Legislature of February 1808, which divided the State into twelve circuits, and directed that one Judge of the General Court be assigned to each Circuit, who was to hold a Court twice in each year at the Court House in each County of his Circuit.


Under this Act the first Circuit Court held in Harrison County was as given below.


The Circuit was composed of the following Counties: Brooke, Ohio, Monongalia, Harrison, Wood, Mason and Kanawha, and was known as the 11th. Circuit.


At a Superior Court of Law held for the County of Harrison on Mon- day the first day of May in the year of our Lord one thousand eight hun- dred and nine. Present, Hugh Nelson, Esquire, a Judge of the General Court being allotted by the Governor of this Commonwealth with the ad- vice of the Council of State to hold a Superior Court of Law in each Coun- ty within the eleventh Judicial Circuit of this Commonwealth.


It is therefore ordered that Benjamin Wilson, Junior, be appointed Clerk of this Court.


GRAND JURY.


Samuel P. Moore, foreman, William Haymond, William Powers, Ja- cob Israel, Daniel Morris, Job Robinson, Isaac Coplin, William Lowther, Edward Jackson, Allison Clark, Absolom Boring, David Hews, John Prunty, John Reynolds, William Gillis, James Bartlett, Benjamin J. Brice, Thomas Tate, Joseph Bell, Daniel Davisson, Junior, and James Arnold.


Thomas Wilson, Maxwell Armstrong, John G. Jackson, James Pindall and William Tingle, Esquires, personally appeared in Court and severally took the oath of fidelity to this Commonwealth an oath to support the Constitution of the United States and the oath prescribed by law to be administered to Counsel and attornies at law and are admitted to practice in this Court.


Ordered that William Tingle, Esquire, be appointed Attorney for the Commonwealth to prosecute in this Court.


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HISTORY OF HARRISON COUNTY


The term lasted five days and adjourned until the fall term. Four teen Indictments and presentments were found for unlawful gaming and five for assault and battery.


The presentments were for "unlawfully playing with cards at all fours or three up."


List of Judges of the Circuit Court of Harrison County.


DATE OF FIRST TERM.


Hugh Nelson


. May term 1809


Daniel Smith


. Spring term 1811


Lewis Summers


Spring term 1819


Edwin S. Duncan.


June term 1831


George H. Lee ..


May term 1848


Gideon D. Camden


.July term 1852


Wm. A. Harrison


Spring term 1862


Thomas W. Harrison


September term 1863


Charles S. Lewis. May term 1873


A. Brooks Fleming


May term 1878


Alpheus F. Haymond


September term 1888


John M. Hagans.


. January term 1889


John W. Mason.


September term 1900


Charles W. Lynch.


. January term 1905


Clerks of the Circuit Court.


Benjamin Wilson, Jr. 1809


Augustine J. Smith, pro tem


1830


John L. Sehon, pro tem


1830


George I. Davisson


1831


Granville G. Davisson


.1836


Edgar M. Davisson, pro tem


1856


Cruger W. Smith


1856


Fernando A. Robinson


1861


Thomas C. Ramage


.1879


Paul M. Robinson, pro tem


1887


Henry Haymond


1888


Enoch C. Tetrick


1897


Homer W. Williams


1903


I. Wade Coffman


1909


The last term of the Circuit Court in Harrison County under the old State was held by Judge Gideon D. Camden on May 18, 1861.


Judge Wm. A. Harrison held the first Court under the reorganized government of Virginia, April 15, 1862.


Judge Thomas W. Harrison, who succeeded his father, held the first term of Court under the new State Government of West Virginia, Septem- ber 16, 1863.


The act of the legislature passed in 1811 established a superior Court of Chancery, and divided the State into Districts. The Fourth District was composed of the Counties of Brooke, Ohio, Tyler, Wood, Randolph, Harrison, Lewis, Preston and Monongalia, and directed that Courts should be held at Clarksburg in April and September in every year.


Under this act the records describe the first term as follows:


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HISTORY OF HARRISON COUNTY


"At a Superior Court of Chancery held at Clarksburg for the fourth District on Monday the 18th. day of May 1812.


Present, Dabney Carr, Chancellor of the said District." John L. Se- hon qualified as Clerk and John Prunty as Sergeant at Arms.


The following attorneys qualified, Archibald B. Wilson, Edward S. Stribbling, Lemuel E. Davisson, Jonathan Jackson, Isaac Morris, John G. Jackson, James Pindall, Philip Phelps and Oliver Phelps.


But little business was done save to qualify the officers of the Court, admit attorneys to practice and docket cases for future hearing.


The term lasted four days and adjourned May 21st. until the fall term.


Judge Dabney Carr held Court for the last time at the fall term of 1823.


Judge Henry St. George Tucker, the successor of Judge Carr, held Court for the first time at the Spring Term of 1824, and the last time at the October term of 1830.


This Court was abolished and merged into the Superior Court of Law and Chancery in 1831, having had but two chancellors in the nineteen years of its existence, and only one Clerk Major John L. Sehon.


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HISTORY OF HARRISON COUNTY


United States Courts.


United States Circuit Court.


Judge Nathan Goff of Clarksburg now on the bench, 1909.


The District Court of the United States for the District of Virginia West of the Allegheny Mountains held its first session at Clarksburg on March 22, 1819, Judge John G. Jackson presiding.


His commission was spread upon the record and is dated February 4, 1819, and is signed by James Monroe, President, and John Quincy Adams, Secretary of State.


The attorneys who qualified at this term were James Pindall, James McCauley, Jonathan Jackson, Lemuel E. Davisson, Lewis Maxwell, George I. Davisson, Isaac Morris, Edwin S. Duncan, Jacob Beason, John J. Allen, Joseph H. Samuels, Oliver Phelps and Jesse Jarvis.


E. B. Jackson was appointed Clerk and Thomas Synott, Court Crier. The following were qualified as Grand Jurors :


William Haymond, Foreman. Samuel P. Moore, John Webster, John Righter, Joseph Wilkinson, Anderson Corbin, William Davis, Benjamin Coplin, William A. Rodgers, William Cammell, Lambert Flowers, Samuel Washington, Jacob Stealey, Joseph Cheuvurant, Chapman Grant, James McCally, John L. Sehon, James H. Watson, William Haymond, Jr., James Tibbs, Ralph Berkshire and James Hurry.


A List of United States District Judges.


John G. Jackson .1819


John W. Brockenbrough 1846


Philip C. Pendleton, Spring Term 1825


Alexander Caldwell, Fall term .. 1825


Isaac L. Pennybacker. 1839


Thomas L. Moore


John Webster


Joseph Caldwell


Jasper Y. Doddridge


Jasper Y. Moore.


1861


Richard W. Moore.


Charles B. Kefauver


1907


Erasmus Stribling


Judge John J. Jackson, who was appointed by President Lincoln in 1861, served on the bench for the long period of forty-four years. He was known as the "iron judge."


His first term of Court was held in the summer of 1861 at Clarksburg, at which term he appointed Jasper Y. Moore as Clerk, whose father and brother had both held the office before him.


Mr. Moore's order books are models of neatness and accuracy and his high character, integrity and efficiency in discharging the duties of his office, and his record as a public officer is without reproach. He held the office for forty-six years.


John J. Jackson.


1861


Alston G. Dayton


1905


Clerks of the U. S. District Court.


E. B. Jackson.


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HISTORY OF HARRISON COUNTY


County Courts.


The institution of the County Courts originated in Virginia as early as 1623-24, and as it is the most ancient, so it has ever been one of the most important of our institutions, not only in respect to the administra- tion of justice, but for police and fiscal affairs. They were first called monthly courts, and at first only two of them were established, and their jurisdiction jealously limited to the most petty controversies, reserving the right of appeal for the party cast to the Governor and council, who were the judges of what were then called the quarter Courts.


In 1642-43 the style of monthly courts was changed to that of County Courts, the colonial assembly having previously begun, and continuing thence forward to enlarge their duties, powers and jurisdiction, and to extend the system to every County as it was laid off.


As early as 1645 they had been matured into Courts of general juris- diction in law and equity, and the most important matters of police and fiscal affairs were confided to them.


Previous to 1661-2 the judges of the County Courts had been styled Commissioners of the monthly courts and afterwards Commissioners of the County Courts; but at that time it was enacted that they should take the oath of a Justice 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 government. 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 constitution of 1852 the Justices 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 Gov- ernor for appointment of Sheriff, Surveyor and Militia officers, and ap- pointed 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 made elected by the people 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 it was shorn of its powers as a court of law and equity jurisdiction, each county district elected one member.


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HISTORY OF HARRISON COUNTY


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.


For twenty-five years after the organization of Harrison County the County Court was the only one held in the County, and it was a tribunal of the greatest importance to the public, and contributed much towards the settlement of the county.


It was the medium through which small disputes were settled and breaches of the peace were tried, roads laid out, mills established, bridges built, licenses granted, taxes levied and collected, deeds, wills and mar- riages recorded, and all things conducted that entered into the home life of the settlers, and tended to establish law and order and organize self government.


While the territory including Fort Pitt and south of it was in dispute between Virginia and Pennsylvania, Lord Dunmore, the governor of the former colony issued a new commission of the peace and adjourned the Court of Augusta County from Staunton to Fort Pitt and called it Fort Dunmore, and Court was held there at intervals in the years 1775 and 1776, but the jurisdiction of this Court does not appear to have extended to the territory now comprising West Virginia.


In May 1776 the Richmond Convention passed an ordinance provid- ing that the Justices residing in the District of West Augusta upon tak- ing the oath of allegiance to Virginia should have the power and authority to hold a court within the said District on the third Tuesday in every month at such place as they may appoint in the same manner as in the other counties.


In August 1776 a Court was held for West Augusta when the name of Fort Dunmore was dropped and that of Pittsburgh substituted.


Lord Dunmore had by that time fled and taken refuge on a British war ship. His schemes had failed, the revolution was on, and the settlers agreed to sink their local differences and turn their arms against the com- mon enemy.


Court was in September and November 1776 held at Augusta Town, in what is now Washington County, Pennsylvania, about two miles from the County seat on what is known as the Gabby farm.


This spot has been marked by a monument containing the following inscription :


"On this spot was held in 1776 the County Court for the District of West Augusta, Virginia, the first court held by any English speaking people west of the Monongahela River. Erected by the Washington Coun- ty Historical Society in 1905."


In October 1776 the District of West Augusta by an act of the Gen- eral Assembly of Virginia was divided into the three Counties of Ohio, Yohogania and Monongalia, and thus passed from the pages of history.


In order to show the close relations this Court held to the people the full proceedings of the first Court held in Harrison County is given be- low, as also numerous extracts from the order books from time to time.




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