USA > West Virginia > Monongalia County > History of Monongalia County, West Virginia, from its first settlements to the present time; with numerous biographical and family sketches > Part 23
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ED. G. C. BROOKE was born in Monongalia County, and went to the West after the Mexican War. He was for ten years Deputy Marshal of St. Louis. After a time, pushing West again, after several perilous adventures-in one of which he came near being murdered by Indians-he located at White Hall, Montana Territory, his present residence, and from where he has been twice sent to the Territorial Legislature.
LEBBEUS A. and XENOPHON J. PINDALL, it is said, were born in what is now Grant District, Monongalia County. They are lawyers in Arkansas, where they have served as mem- bers of the Legislature.
* Dictionary of the United States Congress, by Charles Lanman ; Washington, 1864.
297
POLITICAL HISTORY.
BENJAMIN P. MASON, who settled in Montana, and was elected a member of the Legislature of that Territory in 1878, was born in Monongalia.
H. S. WHITE, the well known lumber merchant of Mar- shall County, W. Va., and who was a member of the Leg- islature in 1871, is a native of Monongalia County, and a brother of Prof. I. C. White of the West Virginia University.
JOHN W. MASON, the lawyer of Grafton, who entered the Union army in his youth, who has twice been the member for West Virginia, of the National Executive Committee of the Republican party, and who was the nominee of that party for Representative in Congress for the second West Virginia District in 1882, is a native of Monongalia County. His father was a blacksmith, and could give his son but a com- mon-school education. Many years ago Mr. Mason's pa- ternal grandfather lived in a log-cabin near the old road leading from Morgantown to Kingwood, in what is now a part of Valley District, Preston County, but was then a part of Monongalia County.
In the early days it was a custom, and one continued till recent years, for the members of the Legislature to meet their constituents on court-days, more particularly on the first day of the quarterly terms of the county court and the first day of the circuit court, and tell them what had been done in the General Assembly, and justify their own acts therein. Few counties then had a newspaper, and the peo- ple could not be so well informed, from that source, of what was doing in the sessions of the Legislature, nor of the acts of their representatives. The multiplying newspapers, which keep their readers informed of the proceedings of
1
298
HISTORY OF MONONGALIA COUNTY.
the Legislature, has made this custom unnecessary. Then, as now, general political meetings and discussions of the current issues of the day, were held on court days. These meetings, as were also the elections, were well attended in those early times, and the political campaigns were as hotly contested as they are in these later days. Though there was an early law, which will be found in the Code of 1819, that any person who had served seven years in the Legisla- ture, should not be " compellable to serve therein again," yet a seat in that body was considered as great a prize then as now, and the number of candidates for it was not small. For instance, in 1846, in Monongalia, there were printed in the Western Virginia Standard the announcements of seven candidates for the House of Delegates. "The greater part" of the first day of the quarterly term of the county court, which was Monday, March 23d, in 1846, " was occupied with the speeches of the several candidates for the Legislature," we read in the Standard. " First upon the rostrum came Wm. W. John, Esq., [a Democratic candidate,] who commenced by saying that he was a farmer, and ploughed with a true American, and that he aspired to direct the plough of state, and thought he could handle it correctly and plough a straight furrow. .. He advocated railroads generally, showing by a few simple but conclusive arguments and illus- trations, their benefits and importance."
John F. Cooper, another Democratic candidate, followed and "gave his views upon the Railroad question, opposing the right of way [for the Baltimore & Ohio Railroad], and also the Wheeling terminus, unless the road would pass north instead of south of Morgantown." Mr. Cooper sharply criticised the conduct of the two gentlemen then members of the House of Delegates for Monongalia. Nor
299
POLITICAL HISTORY.
was such criticism unusual, for personalities in political campaigns are not of recent introduction. Perhaps no can- didate for the Presidency was ever more bitterly assailed than was George Washington. He was even charged with disloyalty to the country !
1
"Next in order came Alexander Wade, who occupied most of his time" in answering the criticisms of Mr. Cooper, and also gave "some account of the doings of the last Leg- islature." He urged the importance of a convention to amend the constitution, and predicted " that a convention could never be obtained on the white basis," and recom- mended the " acceptance of a convention on the mixed basis, as the best of a hard bargain, and the only means by which Western Virginia could ever hope to obtain redress. He also took his usual stand against the county court system."
Elias Stillwell, Jr., made "a very mild and gentlemanly speech. He boldly declared himself a Whig; said that he was a mechanic, and that mechanics, farmers and laboring men were as much entitled to the respect and support of of the people, as wealthy and professional men." Here the editor of the Standard, who was a Whig, added, "(by the way, very good doctrine)." Mr. Stillwell announced his opposition to "Railroads and all monopolies."
Daniel Miller "informed the people that he was no longer a candidate for the Legislature at the coming election."
John H. Bowlby made a long speech, and “declared him- self a Jeffersonian Democrat, and laid down the principles that would govern him, if elected."
Alexander B. McCans advocated biennial sessions of the Legislature.
" Last but not least, came the 'Old Wheel Horse of
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300
HISTORY OF MONONGALIA COUNTY.
Democracy,' Abner Scipio Davis." The Standard continues as follows :
"We did not hear the beginning of Mr. Davis' speech, but learn that he commenced by saying that he regretted that he had not heard his brother candidates speak, having been engaged all day in ferrying his constituents across the river, he had just snatched a few moments from his occupation to come to the court-house to let the people know that he was still a candidate for the legislature, and the 'Old Wheel Horse' was not going to back out. He said that he sometimes felt discouraged and disposed to retire from the contest, when persons crossing the river would speak lightly of the qualifications of the candidates before the people. He acknowl- edged that they were all a set of fools, but he was now determined to run through, fodder or no fodder. Mr. Davis promised the people that on the day of election, he would be more fully prepared to give them his views, and informed the candidates that on that oc- casion, they might expect a complete currying ; he would com- mence with the oldest and end with the youngest, raking from stem to stern. Mr. Davis concluded by assuring the people that there was no doubt of his triumphant election, but that they might do as they pleased about electing him, afterwards he would do as he pleased. He informed them moreover that if they did not choose to vote for him, they might go to- and he would stay at home and attend to the ferry, which was a darn'd sight more profitable than going to the Legislature any how."
The election occurred on Thursday, April 23d, and re- sulted in the election of Andrew Brown, one of the two Whig candidates. The returns of the election were printed in the Standard of the 25th, and the table is reproduced on the following page.
301
POLITICAL HISTORY.
PRECINCTS.
Andrew Brown (Whig).
John F. Cooper (Dem).
Jno. H. Bowlby (Dem).
William John (Dem).
Elias Stillwell (Whig.)
Court House
132
103
85
76
89
Jarrett's.
38
3
1
20
1
Smithfield.
6
0
3
16
5
3
23
3
2
2
Pawpaw. Jacksonville
22
28
34
9
1
Blacksville.
49
33
7
0
0
Warren.
12
5
47
2
0
Total
262
195
180
125
98
The vote of the county for members of the House of Del- egates, at the election in 1821, was: Haymond, 483; Mor- gan, 403; Berkshire, 376; Tibbs, 160; Evans, 102.
In 1822, the result of the election for Delegates was as follows :
Candidates.
Court-house.
Pawpawo.
Total.
Morgan
513
52
565
Wagner
230
56
286
Berkshire
425
33
458
Haymond
307
49
406
Tibbs .
25
25
In the following table is given the votes in 1828 for State Senator and Delegates to the Legislature, and also the vote in 1829 for delegates to the Constitutional Convention :
CANDIDATES.
CANDIDATES.
Court House.
Pawpaw.
Swamps.
Total.
Delegates to Convention
C. S. Morgan ..
421
158
82
661
C. S. Morgan
369
60
53
482
Richard Watts
401
143
76
620
E. M. Wilson.
337
85
42
414
E. C. Wilson.
Philip Doddridge
236
27
55
318
Capt. Z. Morgan
186
44
23
253
Alex. Campbell.
249
43
6.298
Aaron Baker.
52
52
104
Samuel Sprigg.
155
14
40
209
T. S. Barnes.
50
18
5
73
A. McClean.
132
43
1
176
P. Holland
32
2
14
48, [Wm. G. Brown
80
34 .
35) 149
Court House.
Pawpaw.
Swamps.
Total.
-
Senate.
House of Delegates.
301.
56
427
302
HISTORY OF MONONGALIA COUNTY.
Besides the foregoing, eighteen scattering votes were cast in 1829, six of which were for John Fairfax, and four for Israel Nicklin.
Subjoined is the vote of the county for members of the House of Delegates in 1830, 31 and 32, and the vote for State Senator in the last-named year.
DATES, OFFICES,
AND CANDIDATES.
Court-house
Pawpaw
Swamps
*Dunkard
+Middletown
Total.
1830-House of Delegates.
E. C. Wilson .
386
80
82
57
. .
605
Richard Watts
308
104
81
71
..
564
F. Billingsley .
222
126
54
45
. .
119
E. A. Barker
57
29
1
8
. .
95
1831-House of Delegates.
Richard Watts
289
21
34
60
21
425
F. Billingsley
288
57
35
51
85
516
Wm. G. Henry
305
28
56
37
63
489
Thomas S. Haymond
205
9
81
10
143
448
McGee
44
23
4
1
214
286
S. H. Morgan
76
35
15
34
46
206
1832-House of Delegates.
427
80
44
72
92
715
Wm. G. Henry
248
91
27
112
222
700
Wm. J. Willey
242
25
77
25
245
614
Isaac Cooper
305
14
87
14
25
445
1832-State Senate.
460
76
62
108
76
782
Allen
102
25
27
9
47
210
Zinn .
38
G
29
8
175
256
THE YEAR 1864.
GOVERNOR .- A. I. Boreman.
1046
STATE SENATE .- William Price
534
N. N. Hoffman.
375
W. Lazier.
118
HOUSE OF DELKGATES .- LeeRoy Kramer
738
J. B. Lough
671
W. A. Hanway
530
Reuben Finnell.
358
* Dunkard disappears in 1831, and "Thomas" appears in its stead ; so the figures under Dunkard in 1831 are those of the vote cast at Thomas in that year. Thomas disappears after 1831, and Dunkard reappears.
t Middletown does not appear as a voting place till 1831.
447
S. H. Morgan
67
33
16
3
. .
Thomas S. Haymond
Watts
303
POLITICAL HISTORY.
THE YEAR 1865. 1
STATE SENATE,-John S. Burdett 896
William G. Brown
237
HOUSE OF DELEGATES .- A. W. Brown 487
H. S. Coombs
481
E. C. Finnell
434
Reuben Finnell
368
Michael White.
265
THE YEAR 1866 .**
GOVERNOR .- A. I. Boreman 926
B. H. Smith 549
STATE SENATE .- William B. Zinn 923
James A. Brown
548
HOUSE OF DELEGATES .- A. W. Brown ..
840
N. N. Hoffman
710
H. S. Coombs
278
S. H. Shriver
593
THE YEAR 1869.
STATE SENATE .- William B. Crane 919
William B. Zinn
80
HOUSE OF DELEGATES .-- George C. Sturgiss. 865
William Price.
890
John J. Brown
491
COUNTY SUP'T .- Henry L. Cox.
909
THE YEAR 1870.
GOVERNOR .- William E. Stevenson 1262
John J. Jacob. 891
STATE SENATE .- William Price. 1238
Abram Hare
902
HOUSE OF DELEGATES .- J. B. Lough ...
1242
George C. Sturgiss 1224
E. J. Eddy 889
James Hare ..
914
THE YEAR 1871.
HOUSE OF DELEGATES .- J. M. Hagans .. 1195
Joseph Snider. 1141
William P. Willey 723
William Lantz.
738
DELEGATEJ TO CONST. CONV .- W. T. Willey 1204
A. H. Thayer 1188
James Evans 727
J. A. F. Martin
727
. For Judge of Supreme Court of Appeals, R. L. Berkshire received 1008 votes, and Edwin Maxwell 302
304
HISTORY OF MONONGALIA COUNTY.
THE YEAR 1872 .*
GOVERNOR .- John J. Jacob .. 1475
J. N. Camden 895
STATE SENATE .- J. T. McClaskey. .1311
C. M. Bishop 1422
Willliam M. Dent 908
James T. Port .... 887
HOUSE OF DELEGATES .- William Price 1436
Joseph Snider. 1415
The votes of the county for following years, in order to be verified, will be deferred for insertion in the Appendix, the last chapter in this book.
STATISTICS OF POPULATION.
In this chapter will be given such statistics as pertain to this subject. Statistics of churches, schools, etc., may be found in the appropriate chapters.
The population of the county, as shown in the decennial census reports, from 1790 to 1880, is subjoined.
YEAR
Slave
Free
Colo'd
--
White
Total
YEAR
Slave
Free
Colo'd
White
Total
1790
154
12
4,602
4,768 } [1840
260
146
16,962 |17,368
1800
163
18
8,359
8,540
1850
176
119
12,092
12,387
1810
351
37
12,405
12,793
1860
101
46
12,901
13,048
1820
375
117
10,568
1870
....
231
13,316
13,547
1830
362
119
13,575
11,060 14,056
1880
....
317
14,668
14,985
-
Of the total population of the county in 1870, 11,731 were natives of the Virginias, 1,390 of Pennsylvania, 61 of Ohio, 178 of Maryland, 8 of Kentucky and 16 of New York. Of the foreign population, 37 were natives of England and Wales, 29 of Ireland, 6 of Scotland, 16 of Germany and 2 of France.
Of the total population in 1880, there were born in this
* Vote for Judges of Supreme Court of Appeals-four to be elected : R. L. Berkshire, 1434; Matthew Edmiston, 1388; Edwin Maxwell, 1382; C. P. T. Moore, 2293; James Paul, 913 ; A. F. Haymond, 922 ; John S. Hoffman, 911.
GEORGE WASHINGTON McVICKER. See Page 658.
305
POLITICAL HISTORY.
State, 8,843; in Virginia, 4,318; Pennsylvania, 1,462; Ohio, 69; Maryland, 130; Kentucky, 14; British America, 3; England and Wales, 25; Ireland, 22; Scotland, 3; Ger- many, 14, and France, 2.
The population of the county by sexes, from 1840 to 1880, is exhibited in the following table:
Males. Females.
1840
8,645
8,723
1850
6,131
6,256
1860
6,453
6,595
1870
6,699
6,849
1880
7,414
7,571
The number of colored people, free and slave, by sexes, for 1840, 1850 and 1860, was as follows:
FREE-Males. Females.
SLAVE-Males. Females.
1840
73
74
131
12
1850
69
50
75
101
1860
25
20
42
59
The population of the several districts of the county is not given in the reports previous to 1870. For that year and the year 1880 it was as follows :
Districts.
1870.
1880.
Battelle
1,856
2,293
Cass
1,449
1,459
Clay
. 1,972
2,522
Clinton
1,900
2,126
Grant
2,216
2,156
Morgan
2,536
2,723
Union
. 1,618
1,707
1
Of the population in 1870, there were 15 colored persons in Battelle, 1 in Cass, 9 in Clay, 30 in Clinton, 30 in Grant, 139 in Morgan, and 7 in Union. The inhabitants of foreign birth were distributed, in 1870, in the several districts as follows: Battelle, 6; Cass, 7; Clay, 1; Clinton, 20; Grant, 14; Morgan, 24; Union, 20. These details are not given in the report for 1880, so far as published at this time.
20
.
306
HISTORY OF MONONGALIA COUNTY.
The population of the several unincorporated villages of the county is given in the census report for 1880. Of course, the figures are only approximately correct, as the limits of such places are not sharply defined. As given in the report, they are as follows :
Arnettsville, 54; Blacksville, 106; Cassville, 80; Dur- bannalı (adjoining Morgantown), 127; Granville, 122; Ham- ilton, 44; Hoffman's addition to Morgantown, 86; Maids- ville, 44 : Sallytown, 67; Stringtown, 29; West Morgantown, 51.
The population of the town of Morgantown in 1860 was 741 (740 whites, and 1 free colored ; number of slaves is not gien); in 1870, 797; in 1880, 745.
In 1870, the number of male citizens 21 years of age and over in the county, was 2,929; in 1880 the number was 3,440.
NOTE .- On page 275 it is said that ex-Gov. Joseph Johnson represented the Congressional District of which Monongalia was a part, in 1835-9. This is an error, as William S. Morgan, of Monon- galia, was the representative in those years. A list of the repre- sentatives in Congress of the districts of which Monongalia has been a part from 1789 to the present, may be found in the Appendix.
-
CHAPTER XIX.
JUDICIAL HISTORY.
Courts of the County and the Judges-District Court-Superior Court of Law-Superior Court of Law and Chancery-Circuit Court-County Courts-List of Prosecuting Attorneys-List of Clerks of Courts and Presidents of County Courts-List of Presidents and Clerks of Board of Supervisors-Recorders of the County-Roll of the Bar-List of Justices of the Peace-County Buildings-Hangings-Suit of Harrison County against Monongalia-Biographical Sketches of Judges, Clerks, Attorneys, and others.
"One of the greatest imperfections of historians in general, is owing to their ignorance of law."-Priestly.
IMPORTANCE of character has been deemed reason suffi- cient to change order of age, and consider first the Superior Court, which was not created for Monongalia until after the establishment of its inferior court. But the burning of the county court records in 1796, leaves the District Court records of 1789 the oldest fountain of judicial knowledge in the county.
In 1789, Monongalia was included in the district com- - prising Harrison, Monongalia, Ohio and Randolph counties, to which other counties were added afterward. Its District Court, styled Superior Court, held its first session at the Monongalia Court-house, at "Morgans-Town," on Monday May 4, 1789. Two sessions were held in each year, one in May and the other in September. To each session two judges were allotted. From the order-book of this District Court the following allotted judges were present at its sessions from May 4, 1789, to September 15, 1808 : Joseph
308
HISTORY OF MONONGALIA COUNTY.
Prentis, Cuthbert Bullett, James Mercer, Richard Parker, St. George Tucker, Joseph Jones, Spencer Roane, Henry Tazewell, William Nelson, James Henry, John Tyler, Paul Carrington, Robert White, Edmund Winston, Archibald Stewart, Robert White, Jr., William Nelson, Jr., Francis T. Brooke and Hugh Holmes.
The records of the years 1802 and 1803 are missing; and at some sessions only one of the two allotted judges was present.
Monongalia, in 1809, was included in the 11th Judicial Circuit, and Judge Hugh Nelson opened a Superior Court of Law in Monongalia, Monday, May 15, 1809. Judge Nelson resigned, and was succeeded by Daniel Smith, who was chosen by the General Assembly, and commissioned by the governor, January 22, 1812. In 1820, Judge Lewis Summers, by exchange with Judge Smith, held a term of court in the county.
Under the Constitution of 1830, by act of Assembly of April 16, 1831, Monongalia was included in the 20th Circuit, 10th Judicial District.
The Superior Court of Law was now designated "Circuit Superior Court of Law and Chancery." Judge Joseph L. Fry, of Wheeling, opened the first court, May 28, 1831.
By the Constitution of 1851, the Court of Law and Chancery was designated "Circuit Court," which name it is still known by. Monongalia was included in the 5th Sec- tion, 10th District and 20th Judicial Circuit, composed of the counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Tyler and Monongalia. George' W. Thompson was elected Judge for eight years, and opened his first court at Morgan- town, September 8, 1852. At the expiration of his term he was re-elected, but held no courts after the spring of 1861.
-il :
309
JUDICIAL HISTORY.
R. L. Berkshire was elected to fill the vacancy, and opened his first court September 2, 1861.
In 1863, Monongalia was included in the 2d Judicial Cir- cuit, composed of the counties of Monongalia, Preston, Tucker and Taylor, and John' A. Dille was elected Judge. He was re-elected in 1865 and 69. On July 17, 1868, the Legislature re-arranged the circuits, and increased their number. The number of this judicial circuit was changed from the second to the third.
In 1872, the circuits were re-arranged, and Wetzel, Marion, Monongalia, Taylor, Doddridge and Harrison con- stituted the 2d Judicial Circuit, and Charles S. Lewis was elected judge for eight years. Judge Lewis died in 1878, and A. Brooks Fleming, of Marion County, was appointed judge until October, 1878, when he was elected to fill the unexpired term of Judge Lewis. He was re-elected in 1880, for a full term of eight years, as judge of the Second Judical Circuit, composed then (by the amendment made to the 8th Article of the Constitution) of the counties of Mononga- lia, Marion and Harrison.
Thus briefly is sketched the history of the Superior Courts in Monongalia for ninety-four years-from the first court held in 1789 to the latest one in 1883 .*
The inferior courts have always been styled County Courts. They were established in 1623-4. In 1652, their members were elected by the House of Burgesses; in 1661-2, the number was restrained to eight, and they were
* The first Superior Court provided for the State of Virginia, was by an act of the General Assembly passed October, 1784, creating courts of assize, one of which was to be held for Monongalia on May 1st, 1785. At the same session, these courts were sus- pended to January 1, 1786 ; and again were suspended to January, 1:88; but in 1787, the act was repealed, and on the 22d of December, 1:88, the State was laid off into districts, and a Superior Court was established in each district. Harrison, Monongalia, Ohio and Randolph counties composed the 10th District in order of enumeration, with Monongalia Court-house as the place for holding courts for the district.
310 HISTORY OF MONONGALIA COUNTY.
called Justices of the Peace; in 1776, the governor was to appoint them for each county from the number recom- mended by its County Court. Their number was not limited, and the Justices were appointed for life or good behavior; they received no compensation for their services, but they always recommended from their own body for the offices of Sheriff* and Commissioner of the Revenue.
The Clerk's office containing the county records from 1776 to 1796, was burned in February of the latter year. The first County Court held after that was on the 14th of March, 1796. Justices present : Thomas Butler, Robert Ferrell, James Scott, Nathan Springer and Thomas Barnes. The first act of this court was granting a license to William Tingle in Morgantown. The following jury of inquest " for the body of the county " was sworn : John Plom (foreman), James Bran, Thomas Mckinley, Joseph Kelso, Waitman Furbee, John Barker, Richard Ice, James Leggit, Frederick
- -,+ Isaiah Haskinson, Thomas John, John Downer, John Statler, Alexander Brandon, Peter Clutter, Thomas Gibson and John Pierpont.
The County Courts were modified somewhat by the Con- stitution of 1830. The Justices of the County Court, from 1776 to 1852, were appointed by the governor from those recommended by the County Court, and were unlimited as to number. The County Court from 1852 to 63, consisted of four justices from each of the seven magisterial districts into which the county was divided, and were elected by the people every four years. In 1863, this County Court was abolished, and a county Board of Supervisors, consisting of
* It was the custom of the Governor to appoint (but not always the law, as many have supposed) the oldest commissioned Justice for Sheriff, if recommended ; and if he were not recommended, not to appoint any, but let the Sheriff at the time hold over another year.
t This name has so faded out that it can not be told what it was.
-
311
JUDICIAL HISTORY.
one member from each of the seven townships (now called districts), was created. It held sessions from December 10, 1863, to December 25, 1872. The old County Court was re-established by the Constitution of 1872, and its first term was held March 24, 1873, and its last one ended Octo- ber 1, 1880. The Justices were reduced from four to two from each district (formerly township). In 1880, by amend- ment of the Eighth Article of the Constitution, the County Court was abolished in fact though not in name, and the present board of commissioners (still called the County Court) was established. It is composed of three commis- sioners, who are elected by the people of the county, and has jurisdiction of the police and fiscal affairs of the county. This court held its first term January 3, 1881.
LIST OF PROSECUTING ATTORNEYS .*
SUPERIOR COURTS.
J. M. Hagans
1863
W. P. Willey
1866
A. G. Sturgiss 1868
Francis T. Brooke
May 4, 1789
William McCleary May 3, 1790
Maxwell Armstrong Sept. 15,1797
Isaac H. Williams 1798
John Brown May 15, 1799
Philip Doddridge May -, 1803
Noah Lindsey May 15, 1804
County Court-1796 to 1852.
William McCleary 1797
Isaac H. Williams
· 1798
Thomas Wilson Sept. 11, 1798
Noah Lindsey May 15, 1809
James McGee April 4, 1814
Eugenius M. Wilson Sept. 10,1821
Mathew Gay June 13, 1814
R. L. Berkshire Feb. 22, 1847
County Court-1852 to 1863.
Guy R. C. Allen . May -, 1831
E. C. Wilson . Sept. 8. 1831 |R. L. Berkshire
P. H. Keck 1856
Guy R. C. Allen . April 8, 1834
E. C. Bunker 1861
Circuit Court-1852 to 1883.
R. L. Berkshire 1852
P. H. Keck
1856
George C. Sturgiss 1873
E. C. Bunker
18611
W. W. Houston 1880
Name. Sworn in.
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