History of Monongalia County, West Virginia, from its first settlements to the present time; with numerous biographical and family sketches, Part 24

Author: Wiley, Samuel T
Publication date: 1883
Publisher: Kingwood, W.VA : Preston Pub. Co.
Number of Pages: 856


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 24


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57


District Court-1789 to 1809. Name. Sworn in.


INFERIOR COURTS.


Superior Court of Law-1809 to 1831.


(From 1805 to 1810 no record.)


William McCleary May 14, 1810


Circuit Superior Court of Law and Chancery-1831 to 1852.


J. M. Hagans 1870


George C. Sturgiss 1872


W. W. Houston


1880


1852


County Court-1873 to 1881.


* Appointed by the respective courts until 1852, after which year one has been elected by the voters of each county.


312


HISTORY OF MONONGALIA COUNTY.


LIST OF CLERKS.


SUPERIOR COURTS.


District Court-1789 to 1809. Name. Sworn in.


Jobn Williams . May 4, 1789


William Tingle, September 15, 1801


Superior Court of Law-1809 to 1831.


William Tingle May 15, 1809


Nimrod Evans, September 2, 1811


Thomas P. Ray April 14, 1828


Circuit Superior Court of Law and Chancery-1831 to 1852.


Thomas P. Rav May 28, 1831 Waitman T. Willey April 8, 1842


Circuit Court-1852 to 1883.


George S. Rav July 1, 1852


Marshall M. Dent Jan. 1, 1857


Lewis Layton July 1, 1858


Augustus Haymond June 20, 1863


Name. Suorn in. M. M. Dent, Deputy June 14, 1883


INFERIOR COURTS.


County Court-1796 to 1852.


John Evans 1796 . Nimrod Evans January 1, 1807 Thomas P. Ray 1828 Waitman T. Willey Nov. 22, 1841


County Court-1852 to 1863.


Marshall M. Dent July 1, 1852 John E. Dent (pro tem.)Oct. 31, 1861 A. L. Wade January 27, 1862


County Court-1873 to 1883.


W. S. Cobun March 24, 1873 Jno. W. Madara Dep., Jan. 2. 1879 W. T. Willey November 7, 1882 R. E. Fast, Deputy Dec. 4, 1882


PRESIDENTS OF THE COUNTY COURTS. 1.


1852-J. T. Davis. 1876-Manliff Hayes.


1856-John B. Lough. #1881-S. P. Barker.


1860-Augustus Haymond. 1882-A. W. Brown.


1872-Manliff Hayes. 1883-A. W. Brown.


PRESIDENTS OF THE BOARDS OF SUPERVISORS.


1863-A. W. Brown. 1869-F. R. Sinclair.


1864-65-A. W. Brown. 1870-James McKee.


1866-William Donaldson. F. R. Sinclair.


1867-Samuel Hackney. 1871-A. W. Brown.


1868-Samuel Hackney.


1872-J. Milton Taylor.


James Evans.


('LERKS OF THE BOARDS OF SUPERVISORS.


1863-E. H. Coombs. | 1871-A. L. Wade. | 1872-W. W. Dering.


RECORDERS.


1863-A. L. Wade. | 1866-A. L. Wade. | 1870-W. S. Cobun.


* The clerks of both courts were appointed until 1852, since which time they have been elected. The Board of Supervisors appointed their own clerks.


t From 1852 to 1863, the County Court chose its own presidents; from 1822 to 1881, the presidents were elected by the people. Since 1881, the Commissioners have chosen a president annually from their own body, as also did the Board of Supervisors. The Recorders were elected by the people.


# The other members (commissioners) of the County Court, beside the president, since 1881, have been : 1881, A. W. Brown and W. W. Dering; 1882, S. P. Barker and George W. Laishley ; 1883, S. P. Barker and George W. Laishley.


313


JUDICIAL HISTORY.


LIST OF JUSTICES OF THE PEACE, From 1796 to 1852, appointed by the Governor.


Names.


Sworn in .* Before 1796.


May 15, 1796


Joseph Cox


66


May 15, 1796


Peregrine Foster


May 15, 1796


George Snider


Nov. 15, 1796


John Collins


Nov. 15, 1796


Thomas Butler


October 9, 1797


Robert Ferrell.


66


August 14, 1811


James Scott


Nathan Springer


David Scott


Dudlev Evans


Sept.


26, 1831


John Fairfax


Edward Jones .


Russel Potter


Hedgian Tripplet


John Dent


Enoch Evans


Oct.


14, 1816


William John


60


Died Mar. 1,1803


Samuel Hanway .


66


Philip Pindall


William Haymond


August 13, 1798 Jan.


8,1810


George Greenwood


August 13, 1798


August 13, 1798


Alexander Hawthorne


Lemuel John


August 18, 1810


Abram Miley


Sepi.


11, 1798 Sept. 13, 1802


Spencer Martin


Jesse Hanway


Michael Kern .


March 11, 1800


John W. Dean


Thomas Miller


June


9, 1800


Simeon Everly


Augusta Ballah


June 10. 1800


William Hamilton


Nicholas Vandervort


David Morgan


Nov. 8.1802


Henry Dering


Nov. 8, 1802|


Frederick Hersh


April 12, 1803. August 12, 1811


William Jobes


June 8, 1807


Jacob Polsley


Jan. 15, 1811


Willia' N. Jarrett.


John Stealey


Jan. 15. 1811


Thomas Trotwell


Angust 11, 1806


March. 15, 1808


J. Smallwood Wilson


August 11, 1806 March 10, 1807


Enoch Jones


August 11, 1806 Nov. 10,1807


John Nuzum .


August 11, 1806


Amos Roberts


Sept.


23, 1809


James E. Beall


June 11, 1810


Augustus Weringer


March 14, 1808 August 18, 1810


John Wagner .


March 14, 1808


Sept. 13, 1808


William George


March 14, 1808


William Willey


April 11, 1808


William Barnes


Sept. 15. 1808 Jan. 8. 1810


* Where blanks occur in these columns, no dates could be found.


66


Benjamin Reeder


66


Stephen Morgan .


Asa Dudley


August 13, 1798


August 14, 1798


Nov. 13, 1806


John McLain


66


John T. Goff .


66


66


· Resigned .*


Thomas Barnes


Ralph Berkshire


314 HISTORY OF MONONGALIA COUNTY.


Names.


Sworn in.


Resigned.


Rawley Evans


May


14, 1810 Sept.


26, 1831


Joseph Campbell


May


14, 1810


John Evans


May


14, 1810


Alexander Hawthorne


May


14, 1810


John S. Roberts


May


15, 1810


Daniel Cox


May


15, 1810


Jared Evans


Mav


15, 1810


April 8, 1816


Charles Byrn


Jung 11, 1810


Jan. 8, 1816


Isaac Powell


June 11, 1810


Enoch Evans


June 13, 1810


Thomas Pritchard


July 9, 1810


Hugh Evans


October 8, 1810


Cornelius Berkshire .


July 10, 1815


Morgan Morgan .


August 17, 1815


Rawlev Scott .


Mav 15, 1811


Sept.


22, 1817


John Henthorn


May


15, 1811


March 14, 1814


Adam Brown .


June


10, 1811


James Tibbs


July


8, 1811 June


27,1826


Nathan Ashby


Sepi.


9, 1811


James Barker


Jan. 15, 1812


William B. Lindsey


Nov. 8. 1813


1


Achillis Morgan


June


13, 1814


Robert Abercrombie


June


13, 1814


David Dunham


June


13, 1814


Jesse Busey


Nov.


14, 1814 March 24, 1834


William Sigler


Dec.


12, 1814 June


10, 1816


Ryner Hail


April


8,1816


James Webster


March


22, 1824


August 24, 1818


August 24, 1818


Feb.


23,1819


July 23, 1827


Owen John


Feb.


23,1819


Thomas S. Haymond


.


April


26,1819


David Musgrave .


Apr:1


26,1819


John Jeffs


April


26,1819


Andrew Corbly


April 27, 1819 Sept. 26,1831


Peter Henkins


April 27, 1819 May


26. 1823


John H. Polsley .


April . 27,1819


Feb. 26, 1822


Nathan Hall


July 26,1819


Dec.


25, 1821


George D. Barnes


July 1,1820


Fielding Kiger


July 1,1820


Jesse Ice


July 1, 1820


Jan. 27,1823


Benonia Fleming


August 28, 1820


Mav


28, 1822


Joseph Pickenpaugh


August 28, 1820


Isaac Means


Sept. 27,1820


John Shriver


August 26, 1822


William J. Willey


Dec. 27, 1824


William Thomas


.


June 27, 1825|Sept.


28,1829


Robert McGee


June 27, 1825


George McNeely


June. 27,1825


Nathan Goff


June 27,1825


John Wagner


June 27, 1825| August 28, 1827


Levi Anderson


June 27, 1825 May


20, 1828


William John


June 27,1825


Jacob Wagner


July


25, 1825


June 11, 1816


Boaz Burrows


Anthony Smith David P. Morgan


Rawley Martin


Feb. 28, 1819


Aaron Barker


May 9,1814


May 8, 1815


Joshua Hickman


June 13, 1814 October 22, 1821


Jobn Forshea


William Willey


Richard Watts


August 28, 1820


.


315


JUDICIAL HISTORY.


Names.


Sworn in.


Alex. Wade


July 25, 1825


Jacob Kiger


July 25, 1825


Thomas Meredith


July 23 1827


Matthew Fleming


July 23, 1827


John Drabell


August 28, 1827


Hillary Boggess


August 25, 1828


Benjamin B. Thorn Nimrod Dent .


August 26, 1828


Seth Stafford


August 24, 1829


Henry Boggess


Jan. 23. 1832


May 25, 1835


Joseph Gray .


Feb. 27,1832


Isaac Cooper


March 28, 1832


May 26, 1834


Andrew Brown


Sept.


23, 1833


Moses Cox


Sept. 23, 1823


Leonard Lamb


Sept.


23. 1833


Thomas Watson


Sept.


23, 1833


Fielding Kiger


Oct. 28, 1833


Josiah Boyers


July 28, 1834


Reuben B. Taylor


July


28,1834


John Rude


Jan.


26, 1835


John S. Shisler


May


25, 1835


George Dawson


May 25,1835


Francis Billingsley


April 24, 1837


John Lemley


April


24,1837


John Bowlby


April 24, 1837


Elijah Tarleton


May 22,1837


William Swearingen


May


22, 1837


John Musgrave


May


22, 1837


William Price


May


22, 1837


Joseph F. Harrison


May 22,1837


George S. Renshaw


June 25, 1837


Rawley Holland


June


25, 1837


Jobn Stewart


July 27, 1840


John Hood


August 24, 1840


William Bradley


August 24, 1840


Leander S. Laidley


May


23, 1842


Martin Callendine


May 23, 1842


William Launtz


May 23, 1842


Morgan S. Bayles


May 23, 1842


Hugh Daugherty


May 23, 1842


Henry Watson


May


23, 1842


James Evans .


May


23, 1842


Gideon Barb


August 24, 1846


William Haines


July 26,1847


Daniel Dusenberry


July


26,1847


Henry Daugherty


July


26, 1847


Henry Dering


Julv 26, 1847


George M. Reay


July 26, 1847


George M. Hagans


Sept.


24, 1849


Daniel Haldeman


Sept.


24, 1849


William Lazier


Feb. 27, 1832


William Thomas .


Feb. 27, 1832


Sept. 23, 1833


John Clayton


April 24, 1837


John S. Smith


August 25, 1828


John Wagner


August 24, 1829


Resigned.


The offices of the Justices of the Peace who had been appointed, were vacated when the Constitution of 1851 went into effect.


Sept. 28,1840


John Watts


316


HISTORY OF MONONGALIA COUNTY.


Of the bar of Monongalia it has been said that "it was always a credit to the county and the State." Members of the Monongalia bar have served in both houses of the Vir- ginia and West Virginia Legislatures. It has given judges to the judicial circuits of West Virginia, and a judge to the State Supreme Court of Appeals. It has furnished mem- bers to represent Virginia and West Virginia in the House of Representatives of the United States, and one of its number represented West Virginia for ten years in the Senate of the United States.


ROLL OF THE BAR .*


1789.


1823.


Francis T. Brooke


Charles S. Morgan


April 14


William McCleary


May 4 May 4


1825.


Thomas Wilson 1790.


. Sept 21


Guy R. C. Allen 1826.


April 13


James Allen


Sept 20


W. Calder Haymond 1833.


. April 10


John Brown


Sept 20


Waitman T. Willey 1841.


September 9


Isaac Hite Williams


Sept 20


· April 8


Philip Doddridge


May 4


April 26


Maxwell Armstrong


Sept. 15


Noah Lindsey 1801.


Dec. 13


March 29


William Tingle.


June 9


William G. Payne


Sept. 15


October 28


James G. Laidley 1803.


Oct. 13


James Pindall


April 12


James Evans


1807.


Mathew Gay


October 13


Henry E. Smith Samuel Woods 1851.


April 6


Felix Scott


April 11


Edward C. Bunker 1855.


. April 5


Rawley Scott


June 13


James McGee


June 14


Alfred M. Barbour 1858.


April 13


Marmaduke Evans 1811.


Oliver Phillips


September 2|


Henry T. Martin Jonathan M. Heck 1859. John A. Dille J. Marshall Hagans John G. Gay


August .. September 9


A. P. Wilson


April 13


. September 25


William A. Hanway


Edgar C. Wilson September 9 Joseph T. Daugherty · April 8| Lowrie Wilson .


1860. April 13 September 4


: .


April 7. September 8


July 11


April 6


1808.


Eugenius M. Wilson September 17 1821.


1819.


. April 8 September 9


John K. Mines 1822.


1794,


1795.


1797.


Ralph L. Berkshire 1842. Eusebius P. Lowman 1844, I. J. T. Fox. Alden . Lycurgus S, Hough Andrew McDonald Philip H. Keck 1845. David G. Thompson George S. Ray 1848.


April 8


* No roll has ever been kept on the records; this is made up from the best sources of information obtainable.


317


JUDICIAL HISTORY.


1864.


1880.


George C. Sturgiss


May 11


Ledrew M. Wade


March 1


William P. Willey


. May 12


John M. Davis .


July 14


John J. Brown November 9


Waitman W. Houston .


April 16


1868.


J. S. Brookover 1881.


September 2


A. G. Sturgiss


1869.


Marshall M. Dent 1882.


June 21


Joesph Moreland


February 10


A. G. Davis


June 16


1872.


George C. Cole


October 12


Oliver H. Dille


September 9


Leonidas V. Keck


October 13


1978.


Ben. S. Morgan


October 18


Thomas H. B. Staggers


March 22


Francis T. Haymond 1883.


October 23


Clarence B. Dille 1879


March 20. Frank Cox


June 19


. May 13


The attempt to classify the attorneys, so as to show those admitted to the bar in Monongalia, but who never practiced here, and those from abroad who were admitted to the Morgantown bar, had to be abandoned, because of want of clearness in some of the entries on the record and because of incomplete indexing. This lack of comprehensive index- ing of the record-books and the destruction of a part of the records in 1861, account for all the blanks in the lists of county officers and attorneys in this chapter. Some of the record-books need transcribing, all of them thorough and comprehensive indexing-an amount of labor that no clerk can spare from his regular work.


William G. Brown and Thomas Brown, of Preston County, were engaged in the trial of cases here as early as 1833 or 35: Of other attorneys from abroad admitted to practice in the courts of Monongalia, we have record of the following :


1789-Charles Magill, Samuel Read, John Ralfs, William C. Williams, William Marshall, Nathaniel Davisson. 1799-M. Sexton. 1800-Wyllis Lithman. 1801-John G. Jackson. 1804-Isaac Mor- ris. 1811-Andrew Stewart and Samuel Evans, of Pennsylvania. 1819-John James Allen. 1824-Copeland, Stockton. 1827-W. L. Jackson, George J. Williams, Daniel H. Polsley. 1830-William McCord. 1832-William A. Harris. 1835-G. D. Camden. 1836-


318


HISTORY OF MONONGALIA COUNTY.


George H. Lee. 1842-E. M. Davisson, Charles A. Harper. 1846- William McKinley. 1851-E. B. Hall, Z. Kidwell, U. M. Turner. 1852-R. E. Cowan. 1854-James P. Smith. 1858-W. P. Thompson, E. H. Fitzhugh, Moses C. Good. 1860 -- Charles M. Brown. 1862- E. S. Bland, B. F. Martin, S. A. Morgan, W. W. Peck. Since 1862, among the number were Fontaine Sinith, James H. Carroll, A. F. Haymond, John A. Hutchinson, Jr., Dwight McCleave, George H. McGrew, Nathan Goff, Jr., A. B. Fleming, John Barton Payne, Charles E. Brown, Joseph H. Hawthorne, William G. Worley and William G. Brown, Jr.


Among attorneys who are practicing their profession in other parts of the country, and who read law and were ad- mitted to the bar in Monongalia, we have record of the following :


Name. Admitted. Name. Admitted.


William Weringer


April 16, 1833 W. L. Boughner September 10, 1874


Samuel Arnold


April 11, 1834 |T. P. Jacobs September 16, 1875


John W. Harner April 8, 1844 Edgar W. Wilson September 15, 1876


Samuel Wood April 6, 1848 W. R. D. Dent March 15, 1877


Newton B. Jones September 2, 1867


Rob't H. Dolliver September 20, 1877


John W. Mason February 3, 1868 Frank Woods March 19, 1879


H. Clay Showalter February 15, 1868


Ulysses Arnett March 22, 1879


John E. Kern May 4, 1868 Madison T. Garlow June 20, 1882


Marmaduke H. Dent Sept. 13, 1872 Arthur L. Cox


October 19, 1882


Two natives of Monongalia are practicing at the King- wood (Preston County) bar, where they were admitted, namely : Joseph H. Hawthorne, in Sepmteber, 1878; Isaac C. Ralphsnyder, October 8, 1880.


COUNTY BUILDINGS.


Phillips's shop was used as a Court-house in 1776, and afterwards different houses were used for the purpose. Three Court-houses have been built in Morgantown; the first a frame, the second a brick, and the present brick building. Four Jails have been built in Morgantown. The first one was a stone building, the second a block, the next was a brick, and the fourth and present one is a stone building, and is said to be one of the finest Jails in


319


JUDICIAL HISTORY.


the State. These will be treated in detail in the history of the Borough of Morgantown. The county has had two County Poor-houses. The first one was in Morgan District ; the present one is near Cassville. They will be noticed in full in the history of Morgan and Cass districts.


HANGINGS.


Since the formation of the county only five executions have taken place, and these all at Morgantown. Only two of these five persons-Milly and Joshua, both slaves- were living on the present territory of Monongalia County.


The first of August, 1798, at a called session of the County Court, at which Justices David Scott, William John, . James Scott, John Dent and Enoch Evans were present, Milly, a slave, the property of David Robe, was tried for burning her master's barn, for attempting to murder William Robe, Jr., and for preparing medicine and administering the same. Noah Lindsey was assigned as counsel to defend her. She acknowledged that there was poison prepared to give to Robe. The testimony of several witnesses went strongly to prove her guilt, and the court sentenced her to be hung on the 1st day of September, 1798. This court also tried Will, a slave of Barsheba Ferguson, as accessory to the burning of the barn, and found him guilty. His sentence was to be burnt on the hand and receive thirty lashes.


On the 16th of August, a special examining court was called, upon a plea of Milly assigning a reason that the sen- tence of death should not be executed upon her at the time set. The sheriff was ordered to impannel a jury of twelve discreet women to inquire into the truth of the fact alleged. The jury were Catherine Evans, Mary McNeely, Sarah Foster, Ann Beck, Mehitable Mehose, Susannah McCrea,


320


HISTORY OF MONONGALIA COUNTY.


Susannah Madera, Mary Baltzel, Sarah Mckinley, Catharine McIntyre, Sarah Laidley and Mary Gandy. They reported that no cause existed for postponing the execution of the sentence. Milly was valued by the court at £75 and was hung on the 1st of September. Thomas Evans "found the plank" and made her coffin for four dollars.


Joshua, a negro slave of James Collins, was arrested for an assault on a white woman, and was tried on the 13th of July, 1827, before a County Court called for the purpose, which was composed of the following Justices : Dudley Evans, Richard Watts, David P. Morgan, Owen John and Jacob Kiger. The court assigned Charles S. Morgan and Edgar C. Wilson to defend him, and ordered that his master pay each a fee of $7.50. Joshua was found guilty by the Justices, and sentence of death was passed upon him. He was hung on the 17th of August, 1827, on the waters of Falling Run, just beyond the West Virginia University, on lands now belonging to and enclosed in a lot by Michael Chalfant. Joshua was about 18 years old, and was valued at $250 by the Court, which amount the State had to pay to his master.


HARRISON VERSUS MONONGALIA.


A suit was brought by Harrison County* against Monon- galia County on the 19th of May, 1800, in the District Court at Morgantown, presided over by Judge William Nelson, Jr. In the act (of July 20, 1784,) creating Harrison County, it was declared that Monongalia should pay and refund to the people of Harrison their proportion of the cost of erecting the public buildings in Monongalia. The propor-


* The justices of Harrison bringing the suit were William Robinson, Thomas Reed, Watson Clark and William Martin. The suit was brought against David Scott, Thomas Butler, Robert Ferrell, John Fairfax and John Collins, Justices of and for Monongalia.


321


JUDICIAL HISTORY.


tion of Harrison was 24 pounds and 6 shillings, of which amount they had received 24 pounds 5 shillings and 8} pence. A tax* for "wolf scalps," of 97 pounds 17 shillings and 11 pence, was collected in the county in 1784. The State gave Monongalia a certificate for this tax, which the county sold in 1795, at 18 shillings on the pound.


After the striking off of the territory of Harrison, there were 343 "tythables" in Monongalia and 282 in Harrison. And it was in this proportion, it seems, that Harrison con- tended that the wolf-scalp tax should be divided between the two counties. Harrison's suit was brought to recover the balance due her on the public-buildings tax, and that part of the wolf-scalp tax of 1784 which was paid by the people of that part of Monongalia which became Harrison County in the same year. The latter, it is said, was the principal object of the suit.


The case was decided on the 20th of May, 1795; and the judgment of the court was that Monongalia was indebted to Harrison in the sum of 3 pence and 3 farthings on the pub- lic-buildings tax, but owed her nothing for the wolf-scalp tax, and that Harrison pay all the costs of the suit.


On the pages of the records of the county, among matters of serious character and grave import, are to be found those of an amusing and humorous character. Of the latter, let one specimen suffice. It is an entry upon the estray-book of 1849, which is reproduced below, substitu- ting blanks for the names of the persons mentioned :


Pursuant to a warrant to us directed after being duly sworn for that purpose. we have this day viewed and do appraise one


* A premium was paid for each wolf scalp taken in a county and presented at the county-seat. A tax was laid each year to pay for these scalps, the amount of which . was to be repaid by the State. No fund was provided by the State at this time, for its payment, and Monongalia, like other counties, sold this certificate against the State, about 1795, for what she could get for it, which was 18 shillings on the pound.


21


322


HISTORY OF MONONGALIA COUNTY.


stray hog shown to us by --- -- and do find the same to be a white sow with a black spot near the right eye, ears badly torn, supposed to have been done by a dog with a short tail supposed to be eighteen months old. We do appraise the same to be worth one dollar and fifty cents. Given under our hands this 221 day of November, 1849. D Appraisers.


As it is supposed that the appraisers did not mean to describe the dog that tore the ears of the sow, at all, and certainly not so particularly as having " a short tail sup- posed to be eighteen months old," this descriptive language must be applied to the aforesaid "white sow with a black spot near the right 'eye." Whether the owner of this his- toric hog ever came into possession of this particular piece of his property, is one of those numerous things, about which the records and tradition are both provokingly silent.


BIOGRAPHICAL SKETCHES.


DANIEL SMITH, who presided as Judge from 1809 to 1831, was a resident of Harrisonburg. About six feet tall, with a round full face, black hair, and pleasant countenance, he was a man of fine presence.


JOSEPH L. FRY, of Wheeling, Judge from 1831 to 1852, was a native of Orange County, Va .; he moved to Kanawha County and practiced law ; was elected judge of this district, by the Legislature, in 1831, when he moved to Wheeling. He was a man of fine literary taste, and had an extensive library. He died June 10, 1865, aged seventy-one years.


GEORGE W. THOMPSON, who presided as Judge from 1852 to 1861, is still living and resides near Wheeling. He is now a very aged man. He quitted the bench in 1861, refus-


,


323


JUDICIAL HISTORY.


ing to take certain oaths prescribed by the Wheeling Con- vention of June 18, 1861. He turned to literary pursuits, and wrote a remarkable book, entitled the "Category of the Infinite."


RALPH LAZIER BERKSHIRE, Judge from 1861 to 1863, son of William Berkshire, a farmer of limited means, was born April 8th, 1816, in Bedford County, Pennsylvania. His father removed thence to Monongalia County, in the following year, where he died in 1860. Ralph Lazier lived with his father on the farm till eighteen years of age, when he went to Morgantown to learn the carpenter's trade, at which he worked for several years. In 1838, he began to read law with Guy R. C. Allen, and was admitted to the bar three years afterward. He was appointed by the County Court prosecuting attorney in 1847, and was elected in 1852 to the same position. Like his father, a Whig in politics, he was voted for in a portion of the congressional district as a candidate against the Hon. Sherrard Clemmens, receiving a heavy vote in Monongalia County. In 1861, he was a candidate for Circuit Judge against Judge George W. Thompson, receiving over 400 of a majority in Monongalia, but was defeated in the circuit.


He was an ardent opponent of secession, and was one of those who called the meeting of the 17th of April, 1861, at Morgantown and was a member of the committee that drafted the resolutions* there adopted, which were "pub- lished in the National Intelligencer and other leading papers as the 'first loyal voice from Western Virginia.'"+ He was appointed a delegate to the May Convention at Wheeling, but was prevented from attending by professional duties.


* See pages 139 and 140 of this work. t West Virginia Reports, vol. 1., p. 84.


324


HISTORY OF MONONGALIA COUNTY.


He was elected a delegate to the June Convention at the same place, and succeeded Judge Thompson, in 1861, as Judge of the 20th Judicial Circuit, being elected over his competitor by a large majority. In this capacity he served until June, 1863, when he was elected one of the three Judges of the Supreme Court of Appeals of this State, and became President of this court, and served until 1867. In 1874, he was elected, as the candidate of the Republican party, with little opposition, to the State Senate, from the district composed of Monongalia and Preston counties, and served the full term of four years.


Since his admission to the bar, Judge Berkshire has continued to practice law, except during the period when he was on the bench. He is still engaged in that vocation, as a member of the firm of Berkshire & Sturgiss. Judge Berkshire is a member of the Methodist Episcopal Church.


JOHN A. DILLE, son of Ezra Dille, was born in Washing- ton County, Penn., July 19, 1821. His mother was & daughter of William McFarland and sister of the late Major Samuel McFarland, of Washington, Penn. His early years were spent in working on his father's farm, and attending the free schools of the neighborhood during the winter months. At the age of sixteen, a laudable ambition prompted him to seek higher educational advantages; and, accompanied by an elder brother now deceased, he entered "Greene Academy," an institution then possessing a high reputation for enlarged educational facilities and scholarly teachers. A year spent in the Academy opened new and broader fields for thought, and awakened and inspired a stronger desire for mental culture. Accordingly, in the fall of 1839, Mr. Dille was regularly entered at Washington




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.