USA > West Virginia > Preston County > History of Preston County (West Virginia) > Part 25
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MILITARY HISTORY.
SOLDIERS IN THE REGULAR ARMY.
Edward Allison Godwin, son of Captain Joseph M. God- win, of Kingwood, enlisted on the 13th of February, 1865, in Company A, First W. Va. Cavalry, and served with that regiment until July 8, 1865, when the regiment was mus- tered out of the service. On the 17th of October, 1865, he was appointed a cadet at the U. S. Military Academy at West Point from the second Congressional District of W. Va., by the Honorable George R. Latham, then member of Congress from that district, and graduated on the 15th of June 1870, being promoted to second lieutenant and assigned to the Eighth U. S. Cavalry. He joined his regiment in New Mexico and served with it there until 1875, when he was or- dered to Texas, in which State he has served ever since, having been promoted to first lieutenant in 1876. At the time of his enlistment he lacked three months of being fifteen years old, and was twenty years and one month old at the time of his graduation from the military academy. His standing in class was creditable, being 31 in a class of 58. He is now stationed at Camp Del Rio, Kinney County, Texas.
Edward Groscup, son of Henry Groscup, of Cranberry, enlisted in the regular army in the spring of 1881, and is now on duty in Colorado.
312
HISTORY OF PRESTON COUNTY.
IN THE NAVAL SERVICE.
Lieutenant Robert Matthew Gay Brown was born in Pres- ton County, Virginia, now West Virginia. He was appointed from that State as a cadet to the Naval Academy by his un- cle, the Hon. William G. Brown. He entered the naval service in July, 1864, and graduated in June, 1868, being third in a class of eighty. He served as a midshipman on' the North Pacific Station on board the Saranac, Lacka- wanna and Pensacola. In 1869, he was promoted to en- sign, and to master in 1870 ; and in April of the same year, sailed from New York on the Alaska for China Station. He made a three years' cruise in that vessel, and took part in the Corean expedition, commanding the sailors landed as infantry from the Alaska. He was in the final charge of Fort McKee, and was mentioned in the official reports of the action as among those first in the fort. He was ordered as second lieutenant to the New Hampshire at Norfolk, in October, 1873, and served there until June, 1874, when he was ordered to the Torpedo School at Newport. "In October of the same year he was ordered as first lieutenant of the Despatch, and ordered to the Swatara in June, 1875, and served on West India Station until March, 1877, when ordered to the Naval Academy as instructor of navigation and surveying. He was ordered to the command of the Torpedo Ram Alarm, June 11, 1878. By personal exertions he obtained an ap- propriation from Congress of $20,000 to fit the Mallory steering and driving propeller to the Alarm ; and was or- dered by the Navy Department to carry on an extensive ser- ies of trials and experiments to determine the value of the Mallory system for propelling and steering vessels " [The above is an extract from a Naval work].
These trials were brought to a satisfactory conclusion in August, 1881. For his services on the vessel, he received the thanks of the Admiral of the Navy in an official letter. Upon the conclusion of the trials of the Alarm, he was or-
MILITARY HISTORY.
313
dered to the Flagship Lancaster, about to sail for the Euro- pean Station. He was commissioned a lieutenant April 3, 1872.
Lieutenant Brown published a series of articles in the United Service Magazine of Philadelphia, in which he main- tained that there were two governing forces in nature ; viz., attraction and repulsion, and that the resultant of these forces is what is commonly known as gravity. His articles attracted considerable attention, and were favorably criti- cized. He has also written, with marked ability, a great deal on topics connected with the Naval Service.
314
HISTORY OF PRESTON COUNTY.
THE MILITIA.
The first militia organization in the county was the 104th Regiment, commanded by Colonel John Fairfax for many years, succeeded by his son, the late Buckner Fairfax, who held command of the regiment until it became too large and was divided into three regiments, the 104th at Brandon- ville, 148th at Kingwood, and the 173d at Evansville.
The 104th was commanded by Colonels John Rodeheaver, John D. Rigg, James G. Crawford. L. H. Jenkins was Lieutenant-Colonel, and Samuel Fike Major at the time the militia went down.
The 148th was commanded by Buckner Fairfax until his election by the Virginia Legislature as Brigadier-General, when J. A. F. Martin was elected Colonel, and Eugene T. Brandon Lieutenant-Colonel. In 1851, from an old report, we find the following of this regiment : John A. F. Martin, Commandant, William Connelly, Adjutant. Captains of In- fantry companies - Samuel W. Snyder, William F. Pell, Abraham Elliott, John W. Francisco and William M. John- son. Collin B. Trowbridge, captain of a cavalry company ; Lemuel B. Menear, captain of an artillery company; James H. Carroll, captain of a light infantry company ; Surgeon, C. F. M. Kidwell ; Sergeant-Major, William Squires, and James C. McGrew, Quartermaster. The regiment consisted of 519 men.
The 173d Regiment was commanded for a time by Colonel Stephen B. Wheeler. Charles Hooton and Thomas L. Simpson each held the office of Lieutenant-Colonel for a while. The date of the organization of the regiment is lost. It was, however, reorganized in 1856, and the Colonels, Lieu- tenant-Colonels and Majors were elected by the commissioned officers of the several companies. R. W. Monroe was Lieu- tenant-Colonel and Colonel ; U. N. Orr, Major and Lieuten-
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MILITARY HISTORY.
ant-Colonel ; Jacob Stemple, Major; Alfred Moore ranked as Colonel; John W. Bishoff, Lieutenant-Colonel; Washington Paul, Adjutant, and Charles Hooton, Clerk. Peter Zinn, Robert W. Monroe, John Bishoff and William H. Moore were Captains. The regiment consisted of eight companies.
These regiments, the 104th, 148th and 173d, formed a part of the 10th Brigade (commanded by General Buckner Fair- fax), 3d Division, Virginia Militia.
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HISTORY OF PRESTON COUNTY.
CHAPTER XIII.
JUDICIAL HISTORY.
COURTS-JUDGES-CLERKS-PROSECUTING
ATTORNEYS-THE ROLL OF THE BAR.
From the creation of the county in 1818 to the change of the state constitution in 1831, there was a superior court over which Daniel Smith, of Harrisburg, presided as Judge. He was a fine-looking man, about six feet high, round full- faced, black hair, and pleasant countenance. The first term of this court was held on the first Monday after the fourth Monday in April, 1818, in the old red court-house, and Pres- ton County was in the eleventh circuit. Judge Smith ap- pointed James McGee, prosecutor, and Eugenus M. Wilson, clerk, for that term. At the next term Eugenus M. Wilson was appointed prosecutor, and Charles Byrne, clerk. Judge Smith presided until 1831, when the constitution was amend- ed the second time and Preston County was embraced in the 20th circuit, 10th judicial district. The superior court was then designated circuit superior court of law and chancery, and Joseph L. Fry of Wheeling became judge of the 20th circuit, 10th judicial district, and presided till 1847 or '48. Charles Byrne was clerk and served until his death, in 1843, when he was succeeded by his son, John P. Byrne, who served until 1852, assisted by Smith Crane.
The amended constitution of 1851 now came into effect, and Preston County was included in the 21st judicial circuit of Virginia in connection with Taylor, Marion, Harrison,
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JUDICIAL HISTORY.
Barbour, Upshur and Randolph. Judge George H. Lee succeeded Judge Fry, and sat on the bench till 1852.
In May, 1852, Gideon D. Camden was elected judge of this district for a term of 8 years, by a majority of about 5000. John P. Byrne ran for clerk of the circuit court at the same time and was defeated by one vote, by James H. Carroll, who served for eleven years, having been re- elected in 1858.
In 1860, Judge Camden was re-elected for a like term of eight years by the same majority. The war coming on, Judge Camden held no courts after the Spring of 1861. Judge Camden has said that his intercourse and connection with the people of Preston County had always been very pleasant, and that he regarded Preston as among the most noble counties of the State possessing many elements of wealth, that when once fully developed the county will rank among the most desira- ble in the State.
Judge William H. Harrison, of Clarksburg, presided from 1861 until the election of John A. Dille on the fourth Thursday of May, 1863. During the same time James A. Brown was prosecuting attorney.
In 1863, the State of West Virginia was admitted into the Union, and Preston, with Monongalia, Taylor and Tucker counties constituted its 4th judicial circuit. John A. Dille was elected without opposition judge of the circuit for a term of six years, to commence on July 2, 1863, and Smith Crane, clerk, and James Power Smith, prosecuting attorney. He was re-elected in 1865, the new constitution of 1863 having reduced the term of office from four to two years. Mr. Smith was succeeded by Col. Charles Hooton, who held the position un- til the 1st of January, 1871, when he was succeeded by Col. Asbury C. Baker, who held the position until January 1, 1877, when he was succeeded by William Gordon Worley.
In 1869, Judge Dille was re-elected to preside over the said 4th circuit by a large majority, and served until 1873, when the amended constitution of 1872 provided for the
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HISTORY OF PRESTON COUNTY.
re-arrangement of the circuits, and he declined to again be a candidate.
Judge Dille was born in Washington County, Pennsylva- nia, on the 19th of July, 1821, and was educated at Wash- ington College, graduating in the year 1843. He came to Preston County the same year and read law with the Hon. William G. Brown, and was his law-partner from 1845 to 1849, and from 1849 to 1851 was associated in the practice of law with M. B. Hagans, now Judge Hagans of Cincinnati. He was a member of the constitutional convention in 1863 from Preston, and at this time is engaged in the practice of law at Morgantown.
In 1866, Smith Crane was re- elected clerk.
In 1872, John Brannon was elected by a large majority judge of the 6th judical circuit, composed of the counties of Preston, Tucker, Randolph, Barbour, Webster, Upshur, Gil- mer and Lewis, for a term of eight years, and remained in office till the expiration of his term. He declined then to be a candidate under the new judicial system.
Judge Brannon is a native of Winchester, Virginia, where he was born on the 19th of October, 1822. His paternal and maternal ancestors fought in the Revolutionary War for the independence of America. His grandfather Brannon was a native of Ireland, and married a Miss Baldwin of the cele- brated family of that name, of Pennsylvania, noted for talent and honorable character. His father was a thrifty farmer of the Valley of Virginia. Judge Brannon received a splendid academic education, and has always been a close student. He obtained license to practice law in 1847, and located at Weston, Lewis County. He was a member of the house of delegates of Virginia from 1853 to 1857, and of the senate of Virginia from 1857 to 1865, a period in the history of that body marked for the distinguished talent of its members. The Judge at the present time is engaged in the practice of law.
In 1872, Smith Crane was again re-elected clerk, and A. C. Baker, prosecuting attorney.
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JUDICIAL HISTORY.
In 1876, William G. Worley was elected prosecuting attor- ney. In the fall of 1878, Smith Crane was again re-elected clerk of the circuit court. In the fall of 1880, Neil J. Fort- ney was elected prosecuting attorney.
In 1880, Preston County was placed in the third judicial circuit, comprising the counties of Preston, Barbour, Tucker, Randolph and Taylor, of which circuit William T. Ice was elected judge, October 12, 1880, and now presides.
Judge Ice was born in Marion County, Virginia, on the 9th of March, 1841. He passed his boyhood on a farm, and received his education in the common schools of his native county. He read law with Fontaine Smith, Esq., of Fair- mont, came to the bar in 1864, and, locating in Barbour County the same year, was elected prosecuting attorney. He was re-elected to that office in 1866 and 1870. In 1874, he represented the 3d delegate district-Barbour, Harrison and Taylor-in the legislature. On the 12th of October, 1880, he was elected Judge of the said 3d judicial circuit.
County Courts .- For the origin of these courts we have to go back to the year 1623-4, when "courts were directed to be kept once a month in the corporations of Charles City and Elizabeth City, " Virginia. By order of the governor and council made March 7, 1628-9, and an act of 1631-2, com- missioners, styled "commissioners of the county courts, " were appointed to hold monthly courts in some remote plantations. In 1652, they were elected by the house of burgesses ; and in the next year, the governor and council were clothed with authority to appoint commissioners in each county upon the recommendation of the several county courts. By act of 1661-2, the number of commissioners in each county was restrained to eight, and they were called justices of the peace ; the act reciting that "the great number of commissioners in each county hath rendered the place con- temptible and raised factions among themselves, rather than preserved the peace of the people. " Though the number was reduced to eight, four might constitute a court. The constitu-
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HISTORY OF PRESTON COUNTY.
tion of 1776 gave authority to the governor, with the advice of the privy council, to appoint justices of the peace for the counties. In cases of vacancy, or of "a necessity of increasing the number thereafter," the persons appointed were to be recommended by the respective county courts. By reference to the code of 1803, it will be learned that the justices as a court were invested with the authority to appoint constables ; and this authority remained with the county court until the adoption of the constitution of 1851, since which time con- stables, as well as justices, have been elected by the people.
The act providing for the formation of Preston County re- quired the first county court of quarter sessions therefor to be held on the first Monday of March, 1818, which, however, did not meet till some time in April of that year. The justices composing it so far as can be ascertained were John Fairfax, Frederick Harsh, Hugh Evans, Nathan Metheny, Joseph Mat- thews, Nathan Ashby, William Sigler, Benjamin Shaw and Felix Scott. This court convened at the house of William Price in Kingwood. This, we are reliably informed, was the upper east room of what is known as the Herndon Hotel, ' opposite the "Stone House, " on Main Street, and is still standing. .
The second court was held in the old red court-house, and Colonel John Fairfax presided. The county court met every month; eight of these meetings were called monthly courts, and the other four quarterly sessions.
Charles Byrne, who was appointed the first clerk, contin- ued to hold the position until 1843, as before stated, when, dying, he was succeeded by his son, John P. Byrne, who was appointed at the June term, 1843, re-appointed in June, 1850, and held the position until July 1, 1852, when he was succeeded by Smith Crane. Mr. Crane was re-elected in 1858, and remained in office until July 2, 1863.
Eugenus M. Wilson (referred to in the preceding part of this chapter) was appointed the first prosecuting attorney, and continued in office in this court until 1823, when he was succeeded by William G. Brown, who occupied the position
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JUDICIAL HISTORY.
until he was elected to the legislature in 1832, when he was succeeded by Henry Ensminger. The latter named gentle- man held the position about two years when he was suc- ceeded by Gustavus Cresap, who held the position until 1861 when he resigned (as before stated). From the foregoing it will be seen that from July 1, 1852, up to the year 1861, Mr. Cresap was prosecuting attorney for both courts, as have been his successors in office since. Various members were from time to time admitted to the county or justices court, but the records being burned it is impossible to give their names. The county court was composed of 32 justices. This court met and elected John S. Murdock Presiding Jus- tice. This court of 1852 was complimented as a nice looking body of men. We give below as far as an accurate search can find the names of this body of men.
1st District -Harrison Hagans, William McKee, Henry Smith and James Hill.
2d District - Joseph N. Miller, David Graham, Samuel Deberry and Jacob F. Martin.
3d District -Buckner Fairfax, Abram Jeffers, David O. White and William T. Kelley.
4th District -William H. Grimes, John A. Wotring, John D. Stemple and - Shaffer.
5th District - Peter M. Hartley, David C. Miles, Isaiah Kirk and Barton Hawley.
6th District -John S. Murdock (president), Israel Bald- win, Hezekiah Pell and Elisha M. Hagans.
7th District - John Howard, David H. Fortney, George D. Zinn and William J. Kelley.
8th District -John J. Hamilton, Job Jaco, Joseph G. Baker and Moses Royse.
Smith Crane was elected clerk, and served from July 1, 1852, to July 2, 1863.
In 1863, the county court was abolished, and a county board of supervisors substituted in its place, consisting of eight members, one from each township. The board an- nually elected one of their number to serve as president, and
22
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HISTORY OF PRESTON COUNTY.
also appointed a clerk. John J. Brown was the first clerk of the board. The other clerks of the board were, respectively, William Sigler, Henry Startzman and Alfred T. Holt.
Mr. Sigler was elected the first recorder in the spring of 1863, and served until November 13, 1864, when, dying, Smith Crane took charge of the office in connection with his own, and discharged its duties for a month or so, until Henry Startzman was elected to fill the vacancy.
The names of the members of the board of supervisors from 1864 to 1869 can not now be given, as the records con- taining them were destroyed in the burning of the court- house.
Board of supervisors in 1869: Charles M. Bishop (presi- dent), of Reno Township ; William B. Zinn, Valley ; Reason A. Pell, Lyon ; John Harader, Grant; John D. Rigg, Pleas- ant; Edmund Messenger, Jr., Portland ; John W. Bishoff, Union; Joab G. Conner, Kingwood. John W. Bishoff's resignation was accepted March 12, 1869, and William H. Grimes was appointed according to law (by Justices James H. Shafer and William Wheeler) to fill the vacancy.
Board of surpervisors in 1870 (elected fourth Thursday of October, 1869) : Reno, Job Jaco; Portland, Edmund Mes- senger, Jr .; Pleasant, Abraham Liston; Lyon, Reason A. Pell ; Grant, William McKee (president); Kingwood, James Gibson ; Valley, Isaiah Kirk; Union, William L. Fansler.
Board of 1871 (elected fourth Thursday in October, 1870): Charles Kantner, Grant; Herbert Otto, Pleasant ; William T. Kelley, Portland ; William H. Grimes, Union ; Joseph G. Baker, Reno; Reason A. Pell, Lyon ; Isaiah Kirk, Valley ; James Gibson, Kingwood.
Board of 1872 (elected 4th Thursday of October, 1871): James W. Brown (president), Kingwood; W. H. Grimes, Union ; Joseph G. Baker, Reno; David Graham, Valley ; John J. Jenkins, Pleasant ; John C. Forman, Grant ; John C. Howell, Lyon; Buckner Fairfax, Portland.
On the first of January, 1873, the county board of super- visors was by the provision of the amended constitution of
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JUDICIAL HISTORY.
1872, abolished, and the old county court re-established. Captain Joseph M. Godwin was on the 22d of August, 1872, elected president of the said court, and Henry Startzman clerk. Captain Godwin was succeeded in 1876 by Joseph M. Shaw, who held the position until the fall of 1880, when, by an amendment of the 8th article of the constitution, the county court was again abolished. Henry Startzman served as clerk of the county court until April 2, 1876, when he died, and Smith Crane took charge of the office in connec- tion with his own, and transacted the business thereof until October 16, 1876, when he was succeeded by J. Ami Martin, who was elected to fill the unexpired term of Mr. Startzman. In the fall of 1878, Mr. Martin was elected for a full term of six years.
When the first court for Preston met, all the attorneys ap. pearing before it were from Morgantown; among them were William G. Payne, James McGee and Thomas Wilson. The first name upon the roll of the bar of Preston County was that of William G. Brown, who was admitted in the year 1822. Guy R. C. Allen from Morgantown, afterwards pros- ecuting attorney for the circuit court, was the next, who was admitted in 1823. Thomas Brown, a brother of the Hon. William G. Brown, was admitted in 1824. Henry Ensmin- ger was admitted about the year 1828, having read law with the Hon. William G. Brown. In 1828, Samuel Price was admitted to the bar. He was born in Fauquier County, Vir- ginia, in 1806. He served several terms in the Virginia general assemby after leaving Preston County, and was a in ember of the constitutional conventions of 1850 and 1861. He was elected lieutenant-governor of Virginia in 1863, and was president of the constitutional convention of West Vir- ginia in 1872. Upon the death of United States Senator Allen T Carperton, he was appointed to fill the vacancy.
Gustavus Cresap was admitted in September, 1832. He was born in Alleghany County, Maryland, February 9, 1806. He served as prosecuting attorney before the county court
ยท
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HISTORY OF PRESTON COUNTY.
for about 27 years, and a part of the time was prosecuting attorney in the circuit court.
James Hawley Carroll was admitted to the bar in 1845. Mr. Carroll was born in Preston County, September 2, 1820. In the fall of 1841, he received an appointment from the Government at the Sac and Fox Indian agency and spent the winter in Iowa. He taught school, was appointed postmas- ter at Kingwood in 1843, and in 1849 was appointed clerk in the postoffice at Wheeling under George W. Clutter, post- master. He was elected clerk of the circuit court in 1852, and was retained in that office till 1863, when he resumed the practice of law. In 1846, he raised a company for the Mexican War, but the State's quota was full, and the con- pany's services were not required.
John J. Brown's admission to the bar dates from 1849.
Edward C. Bunker was admitted in 1850.
Col. Charles Hooton was admitted to the bar in 1852.
Robert E. Cowan was admitted in 1853. He went south in 1861, and is now a judge in Kansas City, Missouri.
Charles J. P. Cresap was admitted in 1857.
James Alexander Brown, son of Thomas Brown, was born June 11,1836, in the town of Kingwood. He was educated at Washington College Pennsylvania, and at the University of Vir - ginia. He read law with his father and the Hon. John A. Dille, and was admitted in 1859. He was prosecuting at- torney from 1861 to 1863, and was the Republican candidate for judge in 1880 in the 3d judicial district.
James Power Smith was admitted to the bar about 1863. He was prosecuting attorney, superintendent of the free schools, and was a gentleman of fine education. He removed to Tennessee in 1868, where (so far as known) he has been engaged in his favorite employment of teaching in some of the colleges of that State.
Col. Asbury C. Baker was admitted in 1869, and filled the office of prosecuting attorney for two successive terms, and was county superintendent of free schools for one term.
H. C. Showalter was admitted about the same time.
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JUDICIAL HISTORY.
Col. Robert William Monroe was born February 13, 1834. in Hampshire County. He taught twenty-one terms of school. "studied law with Blackstone, " and was admitted to the bar in 1872.
William Gordon Worley was born August 1, 1846, in Greene County, Penna., graduated at Waynesburg College in 1872, taught school, read law with Berkshire and Sturgiss, of Morgantown, and was admitted to the bar of Preston County September 7, 1874, and was elected prosecuting at- torney in 1876.
John Barton Payne was admitted to the bar in Taylor County, September 1, 1876.
John Homer Holt was born in Glenville, Gilmer County, but coming to Preston with his parents at an early age, was raised here. He taught school, and was admitted to the bar in September, 1877. He was elected to the legislature in 1878, and removed to Grafton in February, 1881, where he now practices his profession.
Joseph H. Hawthorne and Charles E. Brown were admit- ted in September, 1878.
Gustavus J. Cresap was born September 13, 1850, read law with his father, Gustavus Cresap, Esq., and was admit- ted in 1878.
William G. Brown, Jr., was admitted in July, 1879.
Henry Clay Hyde was admitted to the bar in October. 1879. He was born at Cranesville, January 23, 1855, and is the eldest son of the late Captain Jacob S. Hyde, who died in March, 1865, a few days after being released from Libby Prison. His mother is a daughter of the late John Crane, of the early and prominent settlers of the county. Mr. Hyde left the field of journalism for the practice of the law. and is now located in that profession at Keyser.
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