USA > West Virginia > Harrison County > History of Harrison County, West Virginia : from the early days of Northwestern Virginia to the present > Part 26
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across the West Fork River to furnish power for drilling a well and operating salt works.
NOTE :- Jackson's Salt works were on the West Side of the river above the mouth of Davisson's run in what is now Clark District.
June Term, 1816.
Jacob Stealey, John Webster and Thomas P. Moore appointed Com- missioners to build jail in rear of the new Court House and $1000. ap- propriated for that purpose.
One hundred and twenty-four dollars appropriated as a further sum for building two clerk's offices adjoining the Court House building. When the second Court House was built no provision was made for Clerk's Offices. They were built afterwards being one story brick buildings on the East and West sides of the main building and opened out into the Court House yard.
One Thousand Dollars appropriated to build bridge over Elk Creek at its mouth. Commissioners Isaac Coplin, Stephen Dicks and William Gillis.
June Term, 1816.
John G. Jackson authorized to construct a toll bridge over the West Fork River at the mouth of Elk Creek. The Legislature requested to approve.
One hundred and sixty dollars appropriated in addition to what has heretofore been granted to build a poor house.
July Term, 1816.
Road established from the East end of the Main Street Bridge in Clarksburg to where the road to the mouth of Limestone crosses Elk Creek.
October Term.
William Davis authorized to make a re-survey of the town of New Salem.
December Term, 1816.
Price of old wolf scalps, Eight Dollars.
Price of young wolf scalps, Four Dollars.
January Term, 1817.
Old Jail ordered to be sold.
February Term, 1817.
Waldo P. Goff appointed Deputy Sheriff on motion of Daniel Davis- son, Sheriff.
April Term, 1817.
The election of the following Board of Trustees for Clarksburg cer- tified to the Court by Lemuel E. Davisson, Town Clerk.
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HISTORY OF HARRISON COUNTY
James Pindal, Daniel Morris, John G. Jackson, B. Wilson, Jr., John Webster, James McCalley, Josias Adams, Thomas P. Moore and George I. Davisson.
July Term, 1817.
David, a negro slave tried and sentenced to be hanged on the 29th. day of August for the murder of Isaac, a slave.
NOTE :- This sentence was not executed.
September Term, 1817.
Daniel Davisson appointed Sheriff for the ensuing year.
April Term, 1818.
John Taylor, Valentine Clapper, Matthew Hite, and Aaron Lochard proved to the satisfaction of the Court that they served in the Revolu- tionary war against the common enemy and their declaration is directed to be certified to the Secretary of War.
NOTE :- The soldiers of the Revolution were required to prove their service and be identified before the County Courts in order to secure pensions.
June Term, 1818.
The names of Shinnston and Bridgeport first appeared on the County records at this Court.
October Term, 1818.
Road order refers to Gillis' Coal Bank on Murphy's Run.
NOTE :- Tradition says that this was the first coal bank opened to supply Clarksburg. It was situated about a mile and a half East of Clarksburg, and it was some time before coal was discovered elsewhere.
September Term, 1818.
Elias Stillwell appointed Sheriff for ensuing year.
October Term, 1818.
Commissioners report establishing a road from Clarksburg to Sisters- ville.
Road established from Jacob Eibs house (near the Fair Ground) to the furnace dam (Point Mills).
NOTE :- Jacob Eib was in charge of the ferry over the West Fork River at the foot of Ferry Street.
December Term, 1819.
The Thespian Society is permitted to occupy the Jury Room in the Court House.
Elias Stillwell qualified as Sheriff this year.
January Term, 1820.
David B. Denham applied to construct a grist mill on Bingamon Creek a half mile below the mouth of Cunningham's run.
229
HISTORY OF HARRISON COUNTY
June Term, 1820.
William A. Harrison qualified as attorney.
November Term, 1820.
It is certified upon proof, that Nicholas Carpenter was killed by Indians on October 4, 1791.
July Term, 1821.
Samuel Washington was the presiding Justice of the Court at this term. He was a relative of George Washington and lived for a time near Grasscelli.
He presented the sword of General Washington and a cane of Benja- min Franklin to George W. Summers to be by him given to Congress.
September Term, 1821.
Peter Johnson qualified as Sheriff.
November Term, 1821.
Permission granted for a room in the Court House to be used by a Masonic Lodge. A protest was filed against the order by a number of citizens.
James P. Bartlett licensed to keep an ordinary.
November Term, 1821.
Jacob Coplin acknowledged deed for poor house farm to the County. This was situated on Ann Moore's Run near the present town of Grasselli.
January Term 1822.
Thomas Haymond qualified as Principal Surveyor of the County.
NOTE :- This appointment was to fill the vacancy occasioned by the death on November 21, 1821, of Major William Haymond, who had held the position since the organization of the County in 1784, a period of thirty-seven years.
Thomas, his son, continued as surveyor until his death in 1853, a period of thirty-one years.
Cyrus a brother of Thomas was appointed Surveyor upon the death of Thomas until his death a period of seventeen years.
Sidney a son of Cyrus after the death of his father held the office for four years, thus making the office held in one family for the long period of 89 years.
November Term, 1822.
William A. Rogers qualified as Sheriff.
December Term, 1822.
Benjamin Wilson, Jr., Clerk of the Superior Court of Law and Chancery for Harrison County is refused permission to occupy the office East of the Court House as his office.
230
HISTORY OF HARRISON COUNTY
February Term 1823.
Proceedings entered to condemn lands of John Harbert for mill dam on the Left Hand fork of Ten Mile.
John Davisson commissioned Sheriff.
November Term 1824.
A stone wall twelve feet high ordered to be constructed around the jail yard.
November Term, 1825.
Notice of James Pindal's death spread upon the minutes.
March Term 1827.
Wiliam Davis qualified as Sheriff.
After the principal pioneer work of the County had been done, such as making roads, bridges, erecting public buildings and establishing mills and the population had increased, the County Court was the medium through which the most of the legal business was conducted.
The Circuit Court was held but twice a year and the important legal cases were brought in it, but as the County Court was held monthly the minor cases could be tried more quickly than in the other Court, as the County Court occupied much of its time as an examining Court in trying law and chancery cases as well as misdemeanors, the Circuit Court disposing of the felonies.
For these reasons the proceedings of this Court after the year 1815 being mostly of a formal character are not of an interesting nature to the public generally and will only be occasionally referred to.
Clerks of the County Court.
Benjamin Wilson 1784
John Wilson, Jr. 1814
David Davisson 1831
Eli Marsh 1838
Phineas Chapin
. 1852
William Roy, pro tem
1857
Wm. P. Cooper, pro tem 1857
Thomas L. Moore, Clerk and Recorder
1858
Sidney Haymond, Recorder
1864
James H. Taylor, Clerk and Recorder 1867
James Monroe 1889
P. M. Long
1891
Virgil L. Highland
1897
Charles W. Holden
1903
W. Guy Tetrick.
1907
September Term, 1814.
The Bystander is referred to at this Court as being published in Clarksburg.
Thomas Gawthrop authorized to build a Grist Mill on his land on Lost Run, the dam not to exceed eleven feet in height.
231
HISTORY OF HARRISON COUNTY
October Term, 1814.
Benjamin Wilson resigned the office of Clerk of the County Court and John Wilson, Jr., was appointed to fill the vacancy.
NOTE :- Col. Benjamin Wilson had held the office of Clerk since the organization of the County in 1784, the long period of thirty years.
He was succeeded by his son.
The last session of the County Court for the old State of Virginia was held at the June Term, 1863, and the last day of that term was on the 18th day of June.
The proceedings show that the Court sat pursuant to its adjournment on yesterday.
Present :
GEORGE KAYSER, Presiding Justice pro tem. CYRUS Ross, JACOB HIGHLAND, MATTHEW W. DAVIS, Associate Justices.
Orders were entered approving the accounts of County officials and the following ordered, that all causes remaining on the docket, not spec- ially continued or otherwise disposed of be and the same are severally continued until the next term, to which they are respectively cognizable. Ordered that the Court do now adjourn until Court in course.
G. KAYSER, Presiding Justice Pro tem.
Thus passed away in the midst of the red tide of the civil war this venerable institution which had controlled and guided the destinies of the County since 1784, and with it went the jurisdiction of the Old Dominion, as the new State of West Virginia came into existence two days afterwards.
"The King is dead. Long Live the King."
Sheriffs of Harrison County.
1784.
William Lowther
1818.
Elias Stillwell
1785.
James Anderson
1820
Peter Johnson
1787.
Nicholas Carpenter
1822 William A. Rogers
1788. William Robinson
1824. .John Davisson
1790
. John McCally
1826. William Davis
1792
John Sleeth
1828 Jedediah Waldo
1794. Benjamin Robinson
1830. Samuel Hall
1795
John Prunty
1833
Matthias Winters
1797.
Thomas Read
1837 Caleb Boggess
1799.
.John Hacker
1841
. John Cather
1803.
John Hall
1843.
Nathan Davis
1805.
John Haymond
1845
John Davis
1807
Benjamin Coplin
1809.
. William Martin
1850
Benjamin Bassel
1811. . George Arnold
1851
Edward Stewart
1811.
Joseph Davisson
1851.
Waldo P. Goff
1813
. Benjamin Webb
1852.
Thomas A. Hornor
1813.
William Martin
1854
. Abia Minor
1815
Isaac Coplin
1858 Charles Holden
1817
Daniel Davisson
1860.
James Monroe
1839 Benjamin Stout
1801
Watson Clark
1847 John B. Lowe
232
HISTORY OF HARRISON COUNTY
1861
. David W. Robinson, pro tem
1885
. John W. Monroe
1863. . David W. Robinson
1889
Matthew G. Holmes
1867.
Timothy F. Roane
1893
John I. Alexander
1871.
.John A. Hursey
1897
.Lloyd L. Lang
1873
.James Monroe
1901
John A. Fleming
1877
. Lemuel D. Jarvis
1905
John M. Flanagan
1881.
James D. Hornor
1909
Michael J. Francis
The old County Court system having succeeded the Board of Super- visors and vested with civil and criminal Jurisdiction was composed of a President and two associate Justices of the peace.
The first Court under this system was held on February 10, 1873, with B. Tyson Harmar as President.
After several years experience this system was found to be unsatis- factory the constitution was amended and the Court made to consist of three Commissioners for each County but without judicial powers.
This system is still in existence.
County Surveyors.
1784
William Haymond
1881
Thomas M. Jackson
1821
Thomas Haymond
1885
Jasper N. Wilkinson
1853
Cyrus Haymond
1889
C. E. Stonestreet
1869
Jasper N. Wilkinson
1893
John W. Bailey
1873
Thomas Hawker
1897
Charles C. Fittro
1877
Sidney Haymond
238
HISTORY OF HARRISON COUNTY
The Board of Supervisors.
Upon the formation of the new State June 20, 1863, the Board of Supervisors became the governing authority in the County, taking the place of the County Court system in all matters except that it had no civil or criminal jurisdiction, and that the recording of deeds, wills, settle- ment of estates, issuing of marriage licenses &c. were placed in the hands of a new official known as the Recorder instead of the Clerk of the County Court as formerly composing a probate Court.
This Board was composed of one member from each County Dis- trict, which was designated as a township there being ten in the County.
At the organization of this Board James Denham of Eagle District was chosen President and John Hursey Clerk.
In order to fill Harrison County's quota of men drafted for the war then going on bonds were voted in 1864 to raise funds to offer bounty to recruits.
The supervisors disbursed this fund and paid each soldier three hun- dred dollars who enlisted under the call.
The last meeting of the Board of Supervisors was held on Monday, December 12, 1872.
Present: John D. Blair, President and Messrs. Wm. R. Alexander, James A. Wood, David M. Shinn, Samuel L. Boring, Thomas M. Hornor, A. L. Hustead and Jacob Cork.
The last orders entered returned thanks to the President John D. Blair and Clerk V. P. Chapin for the efficient manner in which they had performed their respective duties.
A. L. Hustead delivered a valedictory address to the board of this its last session.
The Board adjourned sine die.
234
HISTORY OF HARRISON COUNTY
Criminal Court.
By an Act of the Legislature approved February 8, 1909, a Criminal Court was established for Harrison County the term of office being fixed at four years and the Governor being authorized to appoint the first Judge until his successor should be elected at the November election in 1912.
Honorable Haymond Maxwell was appointed Judge May 7, 1909 and held his first term June 1, 1909.
The Grand Jury was composed as follows: Foreman, Orie McConkey and Walter S. Hursay, John Stuart, John Q. Harrison, Amos Carter, Wil- liam Sommerville, William M. Smith, Benjamin Orr, John Lewis, John D. McReynolds, Charles A. Short, James H. Mines, Daniel L. Hall, Carl L. Hornor, Charles Hickman and James Bumgardner.
The following named Attorneys were admitted to practice: Taney Harrison, W. Scott, E. G. Smith, Homer W. Williams, Felix G. Sutton, James E. Law, Clarence B. Sperry, Ernest D. Lewis, Elmer F. Goodwin, Carl W. Neff, James W. Robinson, Fred L. Shinn, John G. Southern, Osman E. Swartz, Thomas Ramage, Henry J. James, Frank M. Powell, S. E. W. Burnsides, Louis A. Carr, Millard F. Snider, Harvey W. Har- mer, Harvey F. Smith, Alexander C. Moore, Dabney C. Lee, W. Frank Stout, Claude W. Gore, Reuben S. Douglass, J. O. T. Tidler, W. M. Cona- way, Haze Morgan, William H. Taylor, Homer Strossnider and Harry R. Downs.
235
HISTORY OF HARRISON COUNTY
Court Houses.
As stated elsewhere the County Court after its first meeting at the house of George Jackson July 20, 1784, held its next session at the house of Hezekiah Davisson in Clarksburg on the third Tuesday in the following month of August, and it is supposed continued to meet there for several years.
On the 21st February, 1787, the Court directed that the sheriff ad- vertise for sale the building of the Court House, to the lowest bidder at the next term of the Court.
On the 21st. of March, 1787, Thomas Barkley and John Reed who are designated as the undertakers, with Nicholas Carpenter and John McCal- ley, securities for the undertakers, came into Court and entered into a bond for £369, which was to be cancelled by building a Court House agreeable to a plan delivered to them, which plan is in words and figures following :
We, the subscribers being appointed by the Court of the County of Harrison to prepare a plan of the Court House proposed to be built in said County, which is as followeth: (as will appear by the draft hereunto annexed) it is to be set upon nine pillars of stone to be built in the follow- ing manner to wit: as the house is to be thirty-six feet long by twenty-six feet wide, there is to be a pillar of stone well built with lime and sand morter under each corner, the foundation of which shall be two feet below the surface of the earth and eight feet above, each pillar to be three by two feet square, done in a workmanlike manner and pointed with like morter as above said: there is likewise a pillar to be under the middle of each of the foundations sills of the frame of the same depth in the ground, height above ground made of the same materials, and of the dimen- sions as the first four, the ninth pillar shall be under the middle of the summer in the midst of the building, to be everyway made as the other above mentioned pillars.
Upon these pillars the house is to be set of framed work in the following manner to-wit, to be made of good sound oak timber well framed together, of scantling of the following dimensions to wit: the side sills to be ten inches square, and the end sills to be 13 by 10 inches square, the lower summer to be ten inches square, the posts to be so long that there will be 12 feet between the floors which posts to be seven inches square and plates to be 6 inches by 5, the studs 5 by 3, the joyse 7 by 3 which is to be but two feet from center to center, the studs rafters sleepers &c to be the same distance as under the upper summer to be 10 inches by 8 and sup-
236
HISTORY OF HARRISON COUNTY
ported by two turned or well plained posts at a reasonable distance apart, the door to be neatly cased 712 feet high by three and a half wide, and a strong door hung with sufficient iron hinges, and a good lock fixed there- to, the lower floor to be neatly laid with good sound oak plank well kiln dryed one inch and 2 quarters thick, and not more than 7 inches broad, well jointed & sufficiently nailed down with double ten, the upper floor to be well laid with inch plank of poplar or oak well seasoned as above grooved and tongued, sufficiently nailed down: the seven windows (as appears by the annexed plan) to be well cased with neat sashes for the same, with 87 pains of glass properly fixed in with putty. A floor to be made above the lower floors at the end of the house under the 2 twelve light windows to be three feet broad, and a seat for the Justices 18 or 20 inches higher than said floor, with rails banninsters & steps, at each end of it. Bar for the Clerk and lawyers, a sheriff's box and Jury box five feet high, with steps to go up, and compleat stairs to go up to the Jury room.
The said house to be covered with black or red oak lap shingles & not less than 5/8ths. of an inch thick, nor to show more than 15 inches in length, nor more than 4 inches in bredth, the rafters to be 5 inches by three at the but end, with collar beams, the lathes to be at least one inch thick, the house to be weatherboarded with poplar 34 inch plank, beeded and a quarter timber the joyce to over-jet the walls one foot at least.
The shingles to be nailed on with 12d nails or any size that the under- taker can get larger than 10d ones and lastly strong and commodious steps to go up to the door at least 4 feet wide with a hand rail at each side.
The whole of the work to be done in a workmanlike manner and delivered at the next November Court to be held for this County. N. B. There is to be eight braces 7 by 31/2 inches, the window glass to be not less than 10 inches by 8, and the two end joice to be 5 by seven inches, and the eves of the house to be boarded ready for the cornishing at a future day should it be required.
WM. HAYMOND, JOHN PRUNTY, HENRY Ross, JOHN WADE LOOFBORROW.
On the 22nd day of December 1789 William Haymond, Benjamin Wilson and David Hewes, commissioners appointed to settle with the undertakers or contractors for building the Court House reported that they be allowed the sum of £166 and nine shillings in Virginia Currency which amounts to about five hundred and fifty-five dollars ($555) in our present money, a pound being rated at $3.331/3.
The Court thereupon received the Court House from Thomas Barkley and directed the bond to be cancelled.
It appears from a petition filed with the County Court by John G. Jackson that the question of building a new Court House was agitated in 1803. In this petition he states that the people who derive the great benefits from the locality of the public buildings, ought to contribute a
First Court House, Built in 1787
237
HISTORY OF HARRISON COUNTY
proportional sum to their erection, and thereby render the demand upon the people less unjust, and the most effectual way to procure this object will be to excite a competition among the holders in town.
The petitioner offers to give for the location of the new Court House one quarter of an acre in a square in any of his lots on the East side of Elk Creek provided it is not opposite his residence and four hundred dollars in money.
No action seems to have been taken at this time on this proposition and the matter was allowed to slumber for several years.
On the 21st. of May 1810 the County Court adjudged that the pres- ent Court House was insufficient and it was ordered that a new Court House be built after the plan of the one at Morgantown "excepting the wings" the building to be completed November 1st. and commissioners were appointed to contract for the same.
Benjamin Wilson, Junior, donated a lot on which to build the Court House, which is described as being on Market Street with a front of ninety nine feet, and extending back Southerly one hundred and thirty- two feet.
On December 10th. 1810 the minutes of the Court states that a con- tract had been made to build the Court House, and doubts having arisen whether the removal will be legal or not it was ordered, that the Delegates in the General Assembly be requested to use all proper means to have a law passed legalizing said removal to the land of Benjamin Wilson, Jr.
The doubt as to the legality of the removal of the Court House to the new site, was caused by the opposition of John G. Jackson and the residents of the town on the east side of the creek, which developed into a beautiful Court House fight, such as our neighboring Counties of Taylor and Randolph have since indulged in.
The petition of John G. Jackson, in part, in opposition is as follows : A memorial to the Legislature of Virginia by John G. Jackson dated December 25, 1810, states in part,
"That your memorialists has been induced from a disregard of duty and contempt of the laws on the part of some of the Justices of Harrison County, who occassionally constitute a Court, to apply on his own behalf of the people to solicit legislative interference.
At the May Term of the County Court 1810, an order was made ap- pointing commissioners to contract with some person to build a new Court House upon the land of Benjamin Wilson, Jr., out of the estab- lished bounds of the town of Clarksburg in which the Court is now held, quantity of land not stated nor conveyance made.
Two of the contractors are Justices of the peace, and they with two others, passed an order at the last Court, asking legislative sanction of this measure.
The situation of the present Court House is preferable to that fixed by the Court, as it is more central and is opposite the jail.
At the termination of the town the road turns Northwardly eight de- grees and at the corner a brick house is built six poles from the intended Court House.
238
HISTORY OF HARRISON COUNTY
The old Court House stands on the corner of the Main Street and a street leading to the public academy.
The Court has consented to remain for twenty-six years as tenants at will upon the present land for no conveyance has been made except what may have passed under the order of July 1784.
He also refers to a bridge being built over Elk Creek in Clarksburg in 1807 at the extravagant price of eighteen hundred and fifty dollars.
The Court House stood on the North East corner of what is now Second and Main Streets.
Judge Jackson made the following proposition to the County Court as an inducement to locating the Court House on the East Side of the Creek :
First: To give the choice of his lots on the East Side of Elk Creek except where his dwelling house stands and five hundred dollars in money.
Second: To give the stone house and six rods of land in front and fifteen rods back, and either permit the Court to finish it as it may choose or
Third: To give the stone house and lot and engage to finish the house completely at one third of the price at which the New Court House will cost.
The lots on which the stone house stood which was proposed to be donated for the Court House, were numbered 37 and 38, as the town was originally laid off, the house was 27 by 32 feet, two stories high and con- structed on the line between the two lots.
Judge Jackson's residence stood on the hill on the East side of Elk Creek on the North Side of Main Street and just East of its inter- section with Maple Avenue and was a celebrated and stately mansion in its day.
It was of two stories and had four large colunms extending the heighth of the building and supporting the roof of the porch. The front yard was ornamented by shrubbry and two large earthen mounds.
The stone building referred to stood on the opposite side of the street from the Jackson mansion and a little west of Maple Avenue.
The brick house referred to was the famous Hewes Tavern, which stood on the North East corner of Third and Main streets and subse- quently occupied for many years by Lloyd Lowndes and his son Richard T. Lowndes as merchants and known as Lowndes' corner.
On January 18, 1811, the Legislature after reciting that doubts hav- ing arisen as to the legality of removing the seat of Justice of Harrison County enacted as follows :
"That as soon as Benjamin Wilson, Junior, does convey in fee simple to the Justices of the said County of Harrison and their successors the aforesaid ground, or so much thereof, as the Court shall deem sufficient for the purpose, the contractors shall proceed to build and finish the same, and when completed agreeably to said contract it shall be lawful for the Courts of said County to be holden therein."
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