USA > West Virginia > Summers County > History of Summers County from the earliest settlement to the present time > Part 77
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Hugh J. Wilburn was a quiet, peaceable citizen residing in Pipestem District. and a descendant of the ancient Wilburns of the Middle New River settlements. George W. Farley was a de-
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scendant of the old Farley ancestors of Pipestem District. He was in the habit of visiting Wilburn's residence in his absence, of which Wilburn learned. Wilburn went to his house one morning, and called Farley out, who started to run. Wilburn carried a double-barreled shotgun, and immediately shot one load into his body. As he started to fall he fired the second shot, but, as Farley was falling, that discharge missed him. Wilburn then took out his revolver, walked up to Farley, shot him in the head, and killed him instantly. Wilburn made his escape, and was followed by . Green Lee Lilly, the deputy sheriff ; but he was never captured and never tried, and has been a wanderer from this land from that date.
GRAHAM vs. GRAHAM.
One of the noted cases between residents within our territory was that of Graham vs. Graham. It was brought at November Rules, 1859, in Monroe Circuit Court.
Colonel James Graham made his will in 1812, by which he made a devise as follows: "I give unto my daughter, Rebekah Gra- ham, and her children, that plantation where she now lives, known as the "Stevenson's Cabin" (Stinson). Also, I give unto her and her children my negro girl named Dinah, the land and the negro never to be disposed of out of the family, nor the increase of the negro, if any she has." And later on he further provided: "All of the before-mentioned legacies thus bequeathed to my children. I give unto them and their heirs forever, according to the way they are stated." Rebekah was the daughter of James and the wife of Joseph Graham. "All the foregoing legacies I give to them and their heirs forever, according to the way they are stated."
The suit was for the partition of the plantation into five parts. and the division of the proceeds of the sale of the negroes into five parts. Rebekah ( Rebecca) claimed that under the provisions of the will quoted, she took in fee simple absolute. On the 25th of May, 1869, the circuit court decreed a partition of the land into five parts-one to Rebecca and the residue to the four children. including the daughter of the one deceased-and by Rebecca four- fifths of the price Dinah had brought, to be paid to the children. arising from the sale of the two negro slaves, the increase of Dinah, and also their hire.
This was the suit of Rebecca Graham et al. vs. Lanty Graham et al.
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This decree, which was rendered by Judge Nat. Harrison, was appealed from to the Supreme Court of Appeals of West Virginia, which court reversed the circuit court, and held that Rebecca Gra- ham was entitled to the whole of the real estate, and also of the proceeds of the funds arising from the sale of the negro slaves.
Hon. Allen T. Caperton and Hon. Frank Hereford, of Union, were the attorneys for Rebecca Graham, who was the widow of Joseph Graham and a daughter of Colonel James Graham, and ex- Governor Samuel Price was the attorney for the defendants, the children. This was concerning lands at Clayton Postoffice. (See West Virginia Supreme Court Reports, Vol. 4, page 320.)
A second suit growing out of the same will was tried in the Monroe Circuit Court, the decree appealed to the Supreme Court of Appeals, and decided by it May 1, 1887.
The will of James Graham above referred to, as stated, gave to said Rebecca the slave Dinah, who had two children, Ira and Stuart. At the death of the said James Graham, said Rebecca was the mother of four children, and others were born after his death and before the death of Joseph, who died about 1860.
The court in this case held that the slave Dinah passed to the husband by reason of his marital rights under the laws then existing, and that not only Dinah, but her increase, Ira and Stu- art, were the property of Joseph Graham, and not his wife, to whom they were by the will bequeathed, and after the death of Joseph they went to the widow and children equally.
On the 9th of March, 1868, the said widow, Rebecca, John Gra- ham, James Graham, David Graham and David G. Ballengee exe- cuted an agreement by which said Rebecca conveys to the others all of her estate by reason of the last will of James Graham, de- ceased, they to support her during her life, and they were to pay all the costs of a suit brought by another son, Lanty, and others, for which she might be liable, and they agreed to go her security to carry said former case to the Supreme Court.
The two negroes, increase of Dinah, were sold for $2,000, by Rebecca-$1,000 each-and the proceeds she invested in a debt against Arbuckle, which she assigned to her son, David Graham. Joseph Graham made no will disposing of his property in said slaves, and this suit was brought by John Graham, David Graham- and David G. Ballengee (a grandson), against said Rebecca Gra- ham and said James Graham, for the specific execution of said agreement, claiming that the said Dinah and her increase and the proceeds of their sale invested in the Arbuckle claim were included
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GREENBRIER SPRINGS HOTEL, 1905.
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in the agreement above mentioned of the 9th of March, 1868, and said same will devised to said Rebekah a tract of 286 acres of land, on which said Joseph Graham and his wife, Rebekah, then resided.
The Supreme Court hield that the agreement of March 9, 1868, did not embrace or include the said slaves or either of then, or the $2,000 proceeds of sale thereof, or the said Arbuckle claim, and that said Joseph Graham held said tract of land by the cur- tesy during his life, and at his death Rebecca took in fee simple to the whole thereof, and passed under the agreement of the 9th of March, 1868, to said John, David and James Graham and D. G. Ballengee.
The decree appealed from was rendered by the circuit court of Monroe County, May 23, 1873. The style was John Graham, Plff., vs. James Graham, Rebecca Graham and others, Defts.
Judge Homer A. Holt was the circuit judge rendering the de- cision appealed from, and which was reversed.
The attorney for the appellants was Samuel Price, and for the appellees, Frank Hereford.
The opinion of the court is very lengthy, covering thirty-one printed pages.
The suit was begun in January, 1871. The decree was ren- dered by the circuit court May 23, 1873. The decree being ad- verse to James Graham, he appealed, and the decree of the circuit court was reversed.
In this suit the reputation of James T. Dempsey was attacked and proven bad for truth and veracity, a number of witnesses swearing it to be bad. A number of others swore it was good, and that they would believe him on oath.
James Graham recovered his costs from John, David and Bal- lengee. (See 10 W. Va. Reports, page 355; 4 W. Va. Reports, page 320.)
CARNES CASE.
On October 12. 1890, a suit in chancery was instituted by Lo- gan & Patton, attorneys-at-law of Union, for K. S. Karnes, the descendants and heirs of Matthew Kincaid, as plaintiffs, against all of the lot-owners and others of the town of Talcott, as well as the Chesapeake & Ohio Railway, claiming each and all of the lots in that town, as well as the right of way of the railway company through the Matthew Kincaid tract of land. It seems that this
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tract along Greenbrier River, from Hungart's Creek, of several hundred acres, had been sold many years ago to Griffith Meadows, now a very old man, and who was at one time a justice of the peace of Talcott District, and to Sarah Woodson, the wife of Zachariah Woodson, who lived in the log mansion at the mouth of Hun- gart's Creek. The purchasers thought they were gettting a title in fee simple, but after many years it was ascertained by the heirs of the wife of Kincaid, who were the Karns, of Monroe and Mercer, that the land belonged in fee to the wife of Kincaid; that she did not join in the deeds of conveyance by him to Woodson and Meadows, and therefore they only took thereunder the title of Kincaid, which was a life estate. His wife having died and not having conveyed him any of her title, he only took by the curtesy, which gave Meadows and Woodson a title good only so long as Kincaid lived. He lived to be a very old man, and finally died a short time before this suit was instituted; and thus the heirs of Kincaid came into the "remainder" at his death, and employed the said counsel to secure the possession, the attorneys to have one-third of the recovery. The citizens of Talcott, led by W. W. Jones, Esq., and Hon. M. A. Manning, determined to defend their title to the uttermost. They employed Mr. Manning and Miller & Read, a law firm, to protect their interests.
The land had been cut up into lots on the completion of and before the railway, and many conveyances had been made from one to another; the lots had been built on, good dwellings and improvements, and the thrifty little town of three hundred souls inhabited the property. By this suit, if the plaintiffs won, they would take the land, with all the improvements, and place a great number of honest people out of house and home, as their entire earthly possessions were invested in these homes.
Mr. Manning took charge of the legal end of the fight, and a Committee of Safety was organized, consisting of W. W. Jones, Dr. J. W. Ford and Mr. Manning, to finance the fight.
The case came on February 9, 1900, and delays were inter- posed, and amendments to the plaintiff's pleading required, T. N. Read having direct charge of the active legal defense, which he most faithfully and intelligently conducted. Finally, after some two years, the court, Judge McWhorter, pronounced its opinion, by which the rights of the parties were defined, which was in ef- fect that the plaintiffs were entitled to an undivided one-ninth interest in the tract of land, and entitled to a partition, if an equitable partition could be made, giving them their interest in
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unimproved land in value, if this could be done, and giving the Talcott citizens their lots and improvements. It was ascertained that there was a part of the Woodson tract which was unimproved. The court appointed by its decision commissioners to make this partition. if it could be done; Messrs. James A. Graham, Harrison Gwinn, John E. Harvey, Chas. A. Baber and Rev. Henry Dillon as commissioners to go on the ground and report, and this they did, assigning to the plaintiffs forty acres of unimproved land. This report was by the court confirmed. The citizens then, through the committee, Messrs. Jones and four others-Mr. Manning hav- ing died during the pendency of this suit-raised the money and bought this land from the plaintiffs for $600, and had it reconveyed to the heirs of Mrs. Woodson, paid the costs and saved their prop- erty and homes. The whole cost, including their attorney's fees, costs of property, and costs of suit being about $1,400, of which cach lot-owner paid his part. or was supposed to do so. This final settlement was placed in the hands of Mr. William W. Jones, who closed out the matter with the most scrupulous integrity and with great intelligence, and to whom all of those people should owe a lasting gratitude. It was a fortunate ending to what looked at one time like a great disaster. Had the plaintiffs succeeded, they would have taken the Manning residence, the C. & O. depot, Dr. Ford's residence, Mr. Jones' storehouse and residence. the Baptist and Methodist churches, Masonic Lodge, and all of the improvements and houses of the happy people of Talcott.
The plaintiffs, the Carnes', realized about $800, their attorneys for their services receiving one-third.
There are two white churches in Talcott-one Missionary Bap- tist and one Southern Methodist-and a Masonic Lodge.
There is one colored church in the town, and one white and one colored free school.
They are a thriving, industrious and intelligent people.
There are four general stores, a millinery store, two hotels, one conducted by E. P. Huston, and the "Valley View Hotel," con- ducted by John Willy, completed in 1906, a very creditable prop- erty of thirty rooms, costing some $6,000.
It is the C. & O. station for the Red Sulphur Springs, Green- brier Springs, and Lindeman Springs, on Stony Creek.
The first C. & O. depot agent at Talcott was a Mr. Lacey, who after a few years was transferred to Lowell. and Mr. E. P. Huston substituted. Mr. Huston is the oldest station agent in the county, and has been faithfully filling the position for the past thirty years.
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He was postmaster for four years under Cleveland, president of the Board of Education, and is one of the public-spirited, old- time Virginia gentlemen of the place. He was a brave and gal- lant soldier throughout the Civil War in the Confederate Army. His son, Elbert, is a trusted telegraph operator, and owns one- half of the old Chas. K. Rollyson place on the top of the Big Bend Tunnel, one of the shafts operated in its construction being on this land.
The Talcott Toll Bridge stands in the town of Talcott, at the old Maddy Ferry.
HISTORY AND CONFESSION OF W. I. MARTIN.
The crime of W. I. Martin was committed immediately across New River from Hinton, at the landing on the Raleigh side of the Lower Ferry. The incident relates to Summers County history, and we give it in detail. After his trial and sentence to death, some time before the date set for his hanging, he made a detailed confession, which was written in his cell in long hand and signed by Martin in his own hand. Martin's relatives were respectable people. His father died recently in this county. He made every effort within his power to secure commutation of the sentence. J. R. Armstrong, one of the officers who went to Big Stone Gap and returned the prisoner to Raleigh County, was at that time the sergeant of the town of Hinton, and was afterwards shot to death by Brown Pack.
W. I. Martin murdered his wife in Brooklyn. Raleigh County, West Virginia, in October. 1887, and was arrested at Big Stone Gap, Wise County, Virginia, by Detective W. J. McMahan. and held by him until R. W. Lilly, who held a requisition from Gov- ernor E. W. Wilson, of this State, could reach him. Mr. Lilly. assisted by J. R. Armstrong, delivered Martin over to the authori- ties of Raleigh County, on Monday, the 19th day of January. 1890. He was tried at the July term, 1890, before Judge R. C. Mc- Claugherty, and sentenced to be hanged October 3, 1890. While he confessed doing the killing before his trial, no authentic state- ment of the foul and brutal murder has ever been given the pub- lic but the statement given below, written by Martin himself.
The Confession.
"I shall now give a short sketch of my life. I was born in Floyd County, Virginia. in 1858. I was raised in the beautiful
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and picturesque Allegheny Mountains. I lived there until I was twenty-five years old, and moved to West Virginia in 1883. In 1884 I moved to Hinton, Summers County. In 1886 I married Ann Brown. Owing to my illiteracy, I will not give a history of my early life. I will commence from the time I came to this State, and give only a sketch of my trouble after I was married. I had always been a hard-working, sober, peaceful and quiet man until I came to the realization of the fact that I had married a vile woman. Being the husband of a woman of this character caused me a great deal of trouble. I considered it the downfall of myself and children. The fact that I had married a woman of that char- acter caused me much trouble, and finally I took to drinking, thinking to drown my mortification and shame ; but it did not suc- ceed. It led to much trouble. My wife was not true to me, and besides, she was very high-tempered and abusive to me. In spite of all I could do she became worse to me and harder to please. Finally, she got to dividing her attentions between other men and myself. In the fall some men came to my house on account of her, and abused me, and tried to get me to do or to say something to give them a chance to shoot me. She had frequently taken rides with those men, and afterwards they said she was the cause of it, and they had nothing against me. After this I saw it was danger- ous to live with her, and we parted, she going to Fayette County at my expense. After she had been there two or three months she wrote me to bring or send her some money, and I sent her money two or three different times, and also went to see her. She soon got tired of that place, and wrote to me to send her some money so she could come back to Hinton. She said she could not nor would not live without me any longer, and if I did not send her money, she would come if she had to walk. I sent her money, and she came back and lived with me two or three weeks, and left. Her excuse for it was that she would not live with my peo- ple, or where they lived. She then came across the river opposite Hinton, in Raleigh County, and rented one room in a house that Bud Galloway lived in. After she had rented this room she wrote to me to come and bring her things. After I had received her let- ter I went to see her. I asked her what she was going to do, and how she was going to get along. She said she did not know, un- less I helped her, or would come and live with her. I told her I thought she was giving me poor encouragement to do anything, but that she knew I would do anything I possibly could for her. and always had, if she would only do right. The way she talked,
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I thought she was about whipped out running around, and the promises she made me led me to believe that she was going to do better. After we had concluded to live together everything moved along smoothly until two or three days previous to that unfortu- nate trouble. A man came to the door and knocked one night two or three days before the trouble. When he knocked I was sitting and she was standing before the fire. When he knocked she darted to the door and opened it a very little and looked out. The man at the door gave it a violent shove; it staggered my wife back, but she held to it. When he had thus pushed the door open, he asked her where her eldest boy was; she told him he was at the watch-house, and he walked away. The boy he had inquired for had just set him across the river. I knew there was something wrong by his actions. The only thing I said was, 'Who is that?' After that there was a considerable change in her treatment to me. The next day she took my revolver and hid it. When I missed it, I asked for it, and her answer was, 'You have got to quit carrying revolvers,' and she would not give it to me.
"She had never done anything of this kind before. I had car- ried a revolver almost constantly since we had the trouble in the spring. The day my wife was killed I went up on the mountain to work, and, as well as I remember, I started home about three o'clock. I came by my sister's, and she told me she had heard that there was some fellows coming to my house to run me off. At the time she was telling me I thought very little of it, and only said, 'Let them come.' I went on down to Hinton and got to drink- ing a little. I commenced to think of those things my sister had told me, and I thought I might meet with some danger at any time. I went to Mr. Burke Prince's store and bought me a re- volver. I thought if any one came to my house I would not run, for I had done nothing to run for. I knew there was a change in my wife, and if any trouble come up she would be the cause of it, and for this reason she had been too intimate with other men. When I went home I had no idea of shooting her, although I was greatly aggravated over the trouble she had caused me after the promise she had made. While in Hinton I bought some goods and a pint of whiskey. It was about sundown when I reached home, and I was about half drunk. I also bought a pair of shoes for myself. After the family had ate their supper my wife came into the room and began to grumble about me not getting her a pair of shoes. I told her that I did not know that she wanted a pair, but if I had known it I would have gotten them for her. As.
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soon as supper was over her oldest boy walked off. I did not say anything in regard to what I had heard about the parties com- ing there to run me off, but I walked out of the house to look after the boy. I stood in the yard a few minutes, but did not see any one, but I heard talking down at the ferry. I went back into the house after drinking at least one half pint of whiskey. I sat down, and she commenced to quarrel about the shoes. I sat there and listened at her and also listened for some one to slip in and commence shooting at me at any minute. I thought she had given my revolver to some one to shoot me with. I did not say much to her, anyway. I was standing before the fire and so was she when she said, 'If you can't get what I want, there is a inan that can, and he shall do it, too.' When she said this I thought of my condition. I had broken myself up trying to please her, and all the time I was expecting to be shot at any minute on account of her. I don't know what kind of a condition I did get into. I flew into a mad fit, and, taking my revolver from my pocket, I fired at her. I was standing in about six feet of her when I shot. When I shot she went towards the room Mr. Galloway stayed in, and I went out of the back door. It was all done in a flash. I did not know whether the shot struck her or not or how bad she was hurt, or anything about it, until the next day. I came back to the house in the course of the night, and when I stepped in the door I realized I did not want to see my wife, and I walked off about fifty yards from the house and stopped. I heard at least a half a dozen men talking just a few steps from the house, and I was afraid to go back to the house any more.
"The next morning about nine o'clock I went to my sister's, and she met me in the yard and told me that there had been some men there looking for me, and they had said I had killed my wife and left. I was greatly surprised to hear that she was dead. When she told me of it, if I had had a million dollars I would have given it if I could have recalled that fatal shot. I knew it would not do for me to stay there. I left the country. I was in Virginia and Tennessee until arrested.
"In conclusion, I want to say that I hope my sad fate will be a warning to all that wish to live a happy life, to beware of bad women and whiskey. I want to thank the jailer, Mr. Hawley, and the guards, Frank Godby and Wm. E. George, for the kindness they have shown me while in jail.
"(Signed) : W. I. MARTIN."
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Martin was prosecuted by Hon. A. P. Farley, prosecuting at- torney of Raleigh County, and Gen. J. W. St. Clair, of Fayette- ville, and defended by Hon. William R. Thompson, of Summers. Judge R. C. McClaugherty was the trial judge. At his execution, which was public, there were five or six thousand people to witness it from the county and adjoining counties.
A. P. Farley, who prosecuted Martin, is a native of Summers County, born February 2, 1861, in Pipestem, then Mercer County ; educated in the public schools, and graduated from Concord Nor- mal School in 1881. He taught school in Summers, Raleigh and Greenbrier. Was first elected prosecuting attorney of Raleigh County in 1888, and again in 1896, and filled that important position for two terms of four years each. He is one of the ablest lawyers at the Raleigh Bar. On October 16, 1889, he married Miss Alice Atkinson, daughter of the railroad builder of the Greenbrier White Sulphur Springs. He is the son of Mr. Henderson Farley, who a few years ago removed from this county to the West. He has two brothers in Missouri. Albert C. and W. U., both teachers, and is one of the descendants of the family of Farleys who first settled the Pipestem country and were Indian fighters in the early days.
JONATHAN F. LILLY CASE.
Jonathan F. Lilly was a prominent man in affairs and resided in Jumping Branch District on the Bluestone Hills. He was about thirty years of age and married a daughter of ""Miller" Bob Lilly. and was the father of seven young children. At the time of which we write he was teaching one of the public schools in his neigh- borhood, was a farmer and teacher by occupation, and had served one term as superintendent of free schools of this county.
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