USA > West Virginia > Harrison County > History of Harrison County, West Virginia : from the early days of Northwestern Virginia to the present > Part 25
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The contempt offered to the Court by said Prunty was ordering a wit- ness, and shoving him that was sworn out from the Clerk's table, saying, "No witness should be sworn without he was summoned, as it was cutting him out of his fees" and for his damming the Court, and the attorney who was there supporting his client's claim, and the whole bunch, The Court & attorney was D-d fools and a set of d-d scoundrels.
The Court ordered the witness to give in his evidence, he the said Prunty said he should not in a very abrupt and angry manner, repeatedly damned the Court for fools.
The Judge of the Court reprimanded him, in return he replied, "he was commanding officer of this place" and he still continued his abuse,
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abusing the Court generally and the members individually with the words rascals, d-d fools and d-d rascals &c.
Ordered that John Prunty be again put into the stocks and there to continue until the Court rises this day for his repeated and further ag- gravated abuse & contempt to the Court.
Ordered that John McCullough execute this order.
September 20, 1796.
Ordered that John Prunty the present Sheriff for his repeated con- tempt and abuse to the Court is ordered to find immediate security for his good behavior to be bound with him in the sum of $500 Dollars, whereup- on he refused.
Ordered that said Prunty be put in jail which was executed by Alli- son Clark, constable.
John Prunty, sheriff, who was sworn into office in September 1795, and his year having thus expired, was called upon by Court to produce his commission from the Governor, in consequence of his being nominated at last June Court, and having no commission but insulted the Court, which has been done by him for sometime past, the Court is of opinion that public justice cannot be administered should said Prunty be commis- sioned, therefore Thomas Reed, Thomas Webb & Watson Clark is by Court recommended to his Excellency the Governor as proper persons to fill the office of Sheriff for said County. Ordered to be certified.
Ordered that John Prunty be fined for seven oaths sworn in the hear- ing and presence of the Court 83 cents each oath, also fifteen oaths in the presence and hearing of William Robinson, a Justice of the Peace at 83 cents each oath.
Ordered that said Prunty pay down in Court the sum of 17D & 26 cents, or give security for the payment of the same in six months, and John Black came into Court and entered into security for said John Prunty.
NOTE :- The scene that occurred at the September Court 1796 must from the description given in the above orders have been an exceedingly lively one, and was typical of the time in which it occurred.
What stirred the ire of Sheriff Prunty was his objection to a witness being called to the stand by the Clerk without having a subpoena issued, so that he could serve it and thus secure his legal fee for service.
The Court was composed of men not to be trifled with, and it can be imagined what an uproar there was in the Court room with the interested spectators, the Court disorganized, the Sheriff on the war path loudly ex- pressing his supreme contempt for the presiding justices, and after having been put into the stocks for five minutes and being released again became unruly and was again placed in the stocks to remain there until the Court adjourned that day.
It was a regular rough and tumble affair, a field day and not at all a dignified proceeding to occur in a Court of Justice but to the outsiders it must have been amusing. Thus ended the first day.
The next day when Court convened the row was resumed by the Court directing the Sheriff to give security for his good behavior, and upon his
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refusal to do so he was unceremoniously dragged off to jail. Upon reflec- tion he cooled off, was released and gave bond as required.
The Court took immediate steps to prevent Prunty's re-appointment as sheriff, and recommended other parties for the position but as will be seen without effect, as at the following January Term he presented his com- mission and was sworn into office. What influence was used to bring this about does not appear, but anyway the old man triumphed over the Court and came out victorious.
Neither did this episode in anyway affect the future public career of Sheriff John Prunty, as he was always a man of affairs and represented the County for many years in the Legislature at Richmond.
He died full of years and honors and with the highest respect of all who knew him.
March Court 1797.
Ordered that William Martin's mark which is a swallow fork in the left ear and a hole in the right ear be recorded.
NOTE :- Cattle were turned out on the range as it was called, or rather in the woods in the Spring and driven home in the fall, and it was neces- sary for stock owners to have well defined marks so as to dintinguish their cattle.
The woods at this time furnished abundance of forage and animals came out in the fall in good condition.
It was the practice in certain seasons to cut down young soft wood trees for cattle to browse upon ,and they became so accustomed to this, that when the cows would see a man with an axe they would fall in behind and follow him.
April 18, 1797.
George Towers, a minister of the Gospel of the Presbyterian order au- thorized to celebrate the rites of matrimony.
October Term, 1797.
Jacob Cozad, a minister of the Baptist church authorized to celebrate the rites of matrimony.
On August 22, 1898, the County Court appointed viewers to mark a way for a bridle road from Isaac Williams to the mouth of Middle Island and from the mouth of Bull Creek, the upper side thereof to intersect the State road leading from Clarksburg to said Williams, and report the conveniences and inconveniences to Court.
NOTE :- This order shows the large territory included in the County. The house of Isaac Williams stood on the east bank of the Ohio River op- posite Marietta, where Williamstown now is which was named after him.
November 24, 1802.
Dick, a negro man, the property of Colonel George Jackson, charged with feloniously stealing and carrying away certain property.
Pleads not guilty, found guilty and the prisoner was sentenced to be hung "by the neck until he is dead on Saturday, January 22, 1803."
The Court fixes the value of the said negro slave at $300.
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NOTE :- At this time the County Court had the authority to admin- ister the death penalty to slaves but not to free people.
This sentence was never executed, the prisoner either being pardoned by the Governor or allowed to escape.
May 4, 1803.
Ordered that the prison bounds be extended to include the in and out lots of the town, and also to extend along the road to the Baptist meeting house and to include all the ground that lies between the two roads round said meeting house.
NOTE :- This order shows that a Baptist meeting house was standing at that date near where the Methodist Church South now stands on South Chestnut Street.
The grave yard was deeded to the Hopewell Baptist Church Congre- gation by Daniel Davisson June 21, 1790, and the church building stood on the original grave yard lot. This was probably the first church built in Clarksburg.
October 18, 1803.
County levy fixed at fifty cents off of each tithable.
John Hall qualified as Sheriff.
May Term, 1791.
The Naturalization of Charles Stratton, William Ennis and James Malone took place during this Court under the Act of Congress passed in 1790. The order states that they considered themselves aliens, but does not give their nationality. They were probably new arrivals from England.
September 19, 1791.
George Jackson granted a certificate that he has been a resident of this Commonwealth, and County from the year 1770, and deemed himself
a goood citizen.
June 18, 1792.
Colo. Duval late Lieutenant of this County has declined any further militia command in this County, the Court recommended to the Governor that William Lowther was a proper person to fill said office.
NOTE :- The County Lieutenant was a most important Military posi- tion during the Indian troubles. He was the representative of the Gov- ernor, had charge of the public arms, equipments and ammunition, had power to call out the Militia, and to exercise all the duties of a command- ing officer.
August 22, 1792.
The number of tithables reported to the Court was 564, and the Coun- ty levy was fixed at 2s. 6d.
October Court, 1792.
Charles Stratton agreed to glaze the four lower windows of the Court
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House with glass and to make four shutters for said windows to be hung on iron hinges the shutters to be made of seasoned boards and to be of one leaf, for which he is to be paid £3 13s, 0d.
September 17, 1792.
William Lowther produced a commission as County Lieutenant and qualified as such.
January Term, 1793.
David Hughes was granted a license to keep an ordinary in Clarks- burg.
NOTE :- This tavern stood on the North East corner of Main and Third Streets, which is now and for a long time has been owned by the Lowndes family.
This Hostelry known as Hughes Tavern was famous for many years, and was known and favorably spoken of by travelers far and wide. It had a well stocked bar, large stables, and a well kept table, and has been the favorite stopping place for many distinguished lawyers, congressmen and other public men. The buildings consist of a large two story brick on the corner, with a long one story stone building running along Third Street, with a frame building on the East of the brick.
August 21, 1793.
It being represented to this Court that on the island below the mouth of the Little Kanawha there is about 20 families settled, which island is in the bounds of this County, and that the publick good requires to have some Gentleman in the commission of the peace in that place, as there is no Justice of this County living within five miles.
Ordered that Elijah Barnes be recommended to his Excellency the Governor as a proper person to fill the office of Justice of the Peace for said County.
NOTE :- The Island referred to in the above order is situated in the Ohio River a short distance below Parkersburg and is now known as "Blennerhasset's Island," and was within the boundaries of Harrison County.
In the year 1797 Harman Blennerhasset an Irish gentleman of edu- cation and wealth, purchased three hundred acres of the upper end of this island for $4500. and with his beautiful and accomplished wife, who was Miss Agnew, the daughter of the Governor of the Isle of Man, made it their home.
Upon a gentle eminence he built a spacious mansion two stories high, with porticoes forty feet in length stretching out like wings from either side. The interior contained spacious halls, enameled walls, gilded mouldings, rich draperies, costly furniture, large mirrors, musical instru- ments, a library and scientific apparatus. Nearly all Europe contributed articles for the adornment of this island home. From Holland came brick and tiles, from Venice works of art, from Paris oriental carpets and hangings, from London furniture of English Oak.
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The grounds were beautifully graded and planted in shrubbery, rare plants and beautiful flowers rendering it an earthly paradise.
Blennerhasset claimed that the establishment of his home was at an expense of $40,000, which was an enormous sum for that day.
But the serpent was to enter this earthly Eden, and blast the hopes and ambitions of its occupants, and it came in the person of Aaron Burr, ex-vice President of the United States, who had in a duel on the banks of the Hudson killed the gifted and loved Alexander Hamilton.
For this act Burr was shunned by his political associates, denounced and spurned as an outcast by a majority of the American people and, seeing that his public career was doomed, resolved on making the attempt of separating the Western States from the Union and in uniting them with the Spanish Territory in the South and establishing an Empire of which he was to be Emperor.
In pursuance of this scheme he visited the Western Country in 1805 landed at the island and succeeded in enlisting the unsuspecting Blenner- hasset in his visionary and gilded dream of establishing a vast and mighty empire in which Blennerhasset was to bear a prominent part.
Burr after enlisting a few adventurers to his cause and establishing rendezvous at various points along the Ohio and Mississippi again in 1806 came West and with his daughter Theodosia landed once again up- on the Island.
After a few days Burr floated on down the river to be followed in a short time by Blennerhasset with a fleet of boats loaded with men and supplies.
In December 1806 Mrs. Blennerhasset accompanied by her family, left the island in a boat with the expectation of joining her husband at the mouth of the Cumberland River.
In the meantime the President, Thomas Jefferson, issued a procla- mation warning all citizens not to take part in this filibustering enter- prise.
Burr was finally arrested by the United States authorities, taken to Richmond, Virginia and tried for treason before John Marshall the Chief Justice. The trial began on May 22, 1807 and lasted five months and is one of the most celebrated cases ever tried in this country. Burr was ac- quitted for lack of evidence. Blennerhasset was arrested, taken to Rich- mond but never brought to trial. The Island was occupied by Militia called out to arrest Blennerhasset and the house and premises were loot- ed, robbed and destroyed by a squad of drunken revellers elated by a little brief authority.
Many were the disappointments and vicissitudes that followed Blennerhasset and his charming wife after the destruction of their beau- tiful home, he dying on the Isle of Gurnsey in 1831 in poverty and dis- tress, and his devoted wife after many unsuccessful attempts to induce the Government to allow her indemnity for the wanton destruction of her property, died in a New York garret in 1842 in the depths of misery, almost alone and neglected, and was laid in Mother Earth by the hands of charity, three thousand miles of the stormy Atlantic separating her from the one to whom she had unselfishly devoted her life.
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Such, briefly stated, is the sad tragedy in human life that occurred on what was once the soil of Harrison County showing as it does blasted hopes, disappointed ambitions, and the fraility of all earthly things.
A century has elapsed since the Blennerhassets' departure from their Island Home and not a vestige of their occupation is left save the well from which they procured water. The hand of time has levelled all with the surface of Mother Earth.
October 18, 1803.
A road is established from the bridge at Joseph Davisson's to the Brushy Fork near the Widow Douglass'.
October Term, 1803.
Sixty Dollars appropriated to build a Clerk's Office. About this time something was wrong with the Court House as Daniel Davisson was allowed $12.50 and Charles Thomas $3.00 for the use of rooms to hold Court in.
May Term, 1804.
John Hall recommended for Sheriff.
October Term, 1805.
John Haymond qualified as Sheriff.
December Term, 1805.
Colonel George Jackson proposed to the Court to set up a stove in the Court House for one year and to have the privilege of buying it for cost and carriage at the end of that time or pay an annual rent for it.
NOTE :- This indicates that there had not been any fire in the Court House up to this time as the contract does not call for a chimney.
January Term, 1806.
Five dollars was allowed to keep the Court House clean and furnish fire wood for one year.
May Term, 1806.
The Attorneys, Clerk and Sheriff were permitted to make such im- provements to their seats and tables as they may severally think proper at their own expense.
June Term, 1806.
Contract let to build bridge over Elk Creek in Clarksburg to Benja- min Coplin at the price of $1850. August Term, 1806.
John Haymond qualified as Sheriff.
Pounds, shilling and pence were used in making an allowance at this time.
Road established from mouth of Murphy's Creek to the top of Simp- son Creek Hill.
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Bridge ordered to be built over Simpson's Creek where a bridge now stands.
June Term, 1807.
Henry Camden a Minister of the Methodist Church was authorized to celebrate the rites of matrimony.
The County was laid off into constable Districts.
A road authorized to be opened from Clarksburg to the Mason County line intersecting the road leading to Point Pleasant agreeably to an act of assembly December 22, 1806.
October Term, 1807.
Isabella a negro woman slave, the property of Benjamin Wilson, Jr., was found guilty of grand larceny, and was sentenced to be burned in the hand and that the sheriff give her 39 lashes on her bare back at the publick whipping post. James Pindall counsel for prisoner.
February Term, 1808.
Stephen Dicks asks for proceedings to condemn a mill site on Elk Creek at the Hugill ford.
April Term, 1808.
Henry Coffman authorized to build a mill on Robinson's Run.
July Term, 1808.
Rachel a negro woman slave, the property of Jacob Means was brought before the Court charged with burglary and Grand larceny.
John G. Jackson assigned as Attorney for the Prisoner.
The Court considered that the prisoner was not guilty of burglary but guilty of grand larceny, and being asked what she had to gainsay the judgment of the law, she prayed the benefit of clergy, and it was granted accordingly, and the sentence of the Court was that the prisoner be burnt in the hand and receive 39 lashes on her bare back, and the sheriff was directed to execute the judgment of the Court, which was done accordingly.
NOTE :- The plea of benefit of clergy was an exemption from punish- ment, even for heinous crimes, allowed by civil governments, to persons in holy orders, out of an exaggerated reverence for the professed ministers of God.
Originally no one was admitted to this privilege, unless he was actually a priest in orders, but in a period of universal ignorance the ability to read was a mark of such learning, as to entitle anyone who possessed this power to exemption from punishment, for less than capital crimes. On the establishment of the Penitentiary in America in 1796 this plea was abolished as to free persons.
In Virginia it was considered that as to slaves confinement in the Penitentiary was not suitable, and as to them the benefit of clergy was retained until abolished in 1848.
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HISTORY OF HARRISON COUNTY
July Term, 1808.
Order entered establishing a road from Clarksburg to Williamsport on the Ohio River, opposite Marietta.
October Term, 1808.
Benjamin Coplin qualified as Sheriff.
July Term, 1809.
John Hutton asks for writ to establish a mill on Gnatty Creek.
Ordered that James Pindall be fined 83 cents for profane swearing in the presence of the Court.
NOTE :- Pindall was an attorney and afterwards a member of the Legislature and of Congress. He was a man of great natural ability, a profound lawyer and celebrated as a brilliant orator. He was not a prohibitionist and this failing was detrimental to his public career.
September Term, 1809.
Proceedings taken to erect a water grist mill on Elk Creek at the mouth of Murphy's Run by John G. Jackson.
William Martin qualified as Sheriff.
December Term, 1810.
The Court was in doubt as to the legality of removing the Court House on to the lands of John Wilson suggested that it would require an act of the Legislature to do so, which was finally procured.
Jonathan Jackson qualified as an attorney.
NOTE :- This was the father of the great soldier Thomas Jonathan Jackson known as Stonewall.
December Term, 1811.
Joseph Johnson was appointed constable.
NOTE :- This was the first public position held by Mr. Johnson, who afterwards was a Captain in the war of 1812, member of the Legislature of Virginia and of Congress and Governor of Virginia.
June Term, 1811.
An appropriation of $150, allowed to build a bridge over Simpson's Creek a quarter of a mile or more above Johnson's Mill.
August Term, 1811.
Samuel Boggess makes application to build a grist mill on Ten Mile Creek on his own land.
Benjamin Coplin makes similar application to be on his own land on Ten Mile Creek.
December Term, 1812.
John Sommerville and Amon B. Rice granted license to keep an ordinary in Clarksburg.
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HISTORY OF HARRISON COUNTY
April Term, 1813.
Road established from Major William Haymond's residence down Zack's Run to Brown's Creek.
February Term, 1812.
Joseph Morris, a Baptist Minister qualified to celebrate the rites of matrimony.
John G. Jackson qualified as a Brigadier General 20th. Brigade of Militia.
March Term, 1812.
Joseph Johnson recommended to the Governor for appointment as a Captain of a rifle Company 2nd. Battalion 119th. Regiment of Militia.
May Term, 1812.
Contract approved for one dozen Windsor Chairs, two of which to be armed chairs for the use of the Court.
June Term, 1812.
James McCarty Captain, Jonathan Jackson 1st. Lieutenant, John Wilkinson Second Lieutenant and David E. Jackson Cornet were recom- mended to the Governor for appointment in a troop of Cavalry.
"It appearing to the Court that a Company of cavalry have associated themselves together under the foregoing persons as their officers to tender their services to the President of the United States under the Act of Con- gress."
NOTE :- The above order indicates preparation for the war with Great Britain then going on, and this Cavalry Company had volunteered to take part in it, but was not accepted, as no record of any Cavalry Com- pany going from West of the mountains can be found.
September Term, 1812.
Joseph Morgan permitted to build a mill on Buffalo Creek.
June Term, 1813.
John L. Sehon, William Williams, Jacob Stealey and David Hewes appointed commissioners to sell the old Court House.
Ordered that the title to 14 acres of land reverts to Daniel Davisson, the Court House having been removed therefrom.
October Term, 1813.
Clement Shinn authorized to build a mill on Shinn's Run.
January Term, 1814.
Benjamin Webb declined to accept Sheriffalty.
September Term, 1814.
Viewers appointed to lay out a road from the Cherry Trees opposite Wm. Robinson's house in Clarksburg to intersect the road that comes up
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and crosses Elk Creek opposite the Academy through lands of John L. Sehon, Josias Adams and Benj. Wilson, Jr.
December 9, 1814.
An act of the Legislature passed permitting John G. Jackson to build a dam five feet high acress the West Fork River at his Salt Works about three miles above Clarksburg.
March 21, 1793.
Upon petition of part of the inhabitants on the banks of the Ohio, the Court taking it into consideration, well knowing their exposed sit- uation and no officer heretofore commissioned residing in that part of the County, and it being near seventy miles from the other inhabited parts of the County, the Court humbly recommends Hugh Phelps for Captain, Michael Thomas, Lieut. & Bird Lockard, Ensign. The Court requests, if it is consistent with the pleasure of the Executive, that they may be com- missioned. It has appeared to us that there are about forty militia in that part of the County, and convenient to be commanded. Ordered that the same be certified.
August 20, 1793.
Whereas the exposed situation of the lower end of Harrison County has induced the Court to recommend to Governor Lee, to commission the persons here recommended, Capt. John Owen, Lieut. John Thomas & Ensign Nathan Tucker.
At a County Court held on the 28th November 1805, Abel Clemmens was arraigned charged with having on the night of the 10th. day of No- vember, been guilty of murdering Barbary, his wife, Elijah, Hester, Rachel, Mary, Elizabeth, Benjamin, Parthena and Amos Clemmens, his children.
He plead not guilty and the Court directed that he be sent to Mor- gantown for trial in the District Court.
He was tried, found guilty and hanged in 1806 to a locust tree, which stood near the Decker's Creek, Middle Bridge close to Morgantown.
Clemmens cabin stood at the East end of Clarksburg between Pike Street and the Philippi road near the old Jackson grave yard. After committing the deed he fled to the woods, and for several days was hid in a cliff of rocks north of town, west of and near the present B. & O. station, which are still known as Clemmens rocks, but being driven des- perate by hunger and his own tortured feelings he came in and surren- dered himself to the authorities.
Clemmens in his confession stated that he was driven to this horrible act from fear that his children would starve, and by a power that called to him to do it that he could not resist. He was probably insane but "brain storms" and the insanity dodge cut no figure in the Courts of that day, and justice was meted out in strict compliance with the law.
April Term, 1815.
Proceedings held for John G. Jackson's building a dam five feet high
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