West Virginia and its people, Volume II, Part 5

Author: Miller, Thomas Condit, 1848-; Maxwell, Hu, joint author
Publication date: 1913
Publisher: New York, Lewis Historical Pub. Co.
Number of Pages: 866

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(III) Major Theophilus Gaines son of Rev. Ludwell G. Gaines and wife, was born in Ohio in 1824. He graduated from the Cincinnati Law School; became assistant prosecuting attorney in his home county, Ham- ilton, and at Lincoln's first call for seventy-five thousand men to put down the rebellion in 1861, organized a company, later known as Com- pany F, Fifth Regiment Ohio Volunteer Infantry, he being elected and commissioned captain of his company. Later in the civil war he re- enlisted, and while with his regiment in Virginia, in 1863, was detailed as assistant judge advocate and remained in that position until the end of the war, holding the rank of a major. After the conflict had ended he returned to resume more desirable and peaceful occupations. He moved to Fayette county, West Virginia, where he was prosecuting at- torney several years. He also practiced law at various times in Nicholas, Clay, Braxton and Webster counties, this state. He was prosecuting attorney for one or more of the counties just enumerated. He was ap- pointed by President Rutherford B. Hayes as pension agent at Wash- ington, D. C., serving for four years. In 1890 he was a candidate for congress from the third district of West Virginia, but was defeated. Many years he was active in party politics, being of the Republican party. He was a member, and at one time an elder, of the Presbyterian church ; he also held membership with the Masonic fraternity. He mar- ried in Clermont county, Ohio, Ariadne Stockton, probably a native of Ohio, who died at Fayetteville, West Virginia, aged forty years. Her husband survived her many years, and died March 1I, 1898, aged seventy-four years. Children: 1. Ludwell Graham (second of that name), born in Hamilton county, Ohio; graduated in law, became prose- cuting attorney of Fayette county, West Virginia: was later a judge of the criminal courts, and was on the bench at the time of his death, in Fayetteville; married Martha Ebersole, horn in California, Ohio, now residing in Fayetteville, having one son, Ebersole. 2. Margaret Kath- erine, wife of W. C. Lawrence, of Columbus, Ohio, engaged in com- mercial pursuits ; they have three children: i. Theophilus, born 1886. residing at Columbus. ii. Wyman C., a graduate of Princeton College in the class of 1909; now an attorney-at-law at Logan, West Virginia. iii. Julian H., a high school graduate. 3. Nathanial W., died in 1888, un- married. 4. Hon. Joseph Holt, of whom further.

(IV) Hon. Joseph Holt Gaines, youngest child of Major Theo- philus and Ariadne (Stockton) Gaines, was born in Washington, D. C.,

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May 3, 1864. He received his primary education in the common public schools of Fayetteville, West Virginia, later studied in the preparatory school of the West Virginia University, graduating in 1886 from Prince- ton College, New Jersey, with the degree of A. B. In 1887 he was ad- mitted to the bar at Fayetteville, and at once entered into active legal practice there, going to Charleston in 1895, where he has practiced ever since. But not alone in legal matters has this man excelled in life's contest, but also in political circles has he become quite distinguished. As early as when he resided in Fayetteville, he was chosen chairman of the Republican county committee. In 1897 he was appointed United States district attorney by President William Mckinley. He held this posi- tion until 1900, during which year he was elected to a seat in the fifty- seventh congress of the United States, where he made a most enviable record; was placed on various and important committees, including in- ter-state and foreign commerce, ways and means, etc., and always showed marked ability in handling public measures and men, for the best inter- ests of the masses. He was repeatedly re-elected to a seat in congress, his last term expiring March 4, 1911, since which time Mr. Gaines has resumed the practice of law. He is a fine reader of human nature, full of courage to carry forward his heartfelt convictions and never afraid to throttle the measures of a dishonest man, in either public or private life. He has now only reached the threshold of a useful career, with a most flattering future in view.

He was married, November 23, 1898, to Marjorie Lewis Gentry, born at Charleston, West Virginia, 1877: educated at Mt. de Chantel, West Virginia, near the city of Wheeling. Children: Joseph Holt Jr., Stock- ton T., Richard K., Marjorie L., Ann B., and Hallie.

LINN History discloses the fact that this Linn family came from good old Scotch-Irish ancestry, and that among its scions were revolutionary soldiers, eminent judges, attorneys, physicians and politicians, of much more than the ordinary ability and influence, es- pecially in the states of Pennsylvania, New Jersey, the Virginias, and Missouri. Later generations intermarried with the New England family of Newcombs; hence the following narrative will treat, to some extent of both families, which include the well known attorney-at-law in West Virginia and Charleston, Robert G. Linn.

(I) Joseph Linn, of Scotch-Irish descent, was born in 1725, and died April 8, 1800. He married Martha Kirkpatrick, a native of the city of Belfast, Ireland, born in 1728; died March 7, 1791, daughter of Andrew Kirkpatrick. Joseph Linn was an adjutant in the Second Regiment of Sussex Militia, of Virginia, during the revolutionary struggle, Aaron Hankinson being the colonel. Joseph and Martha (Kirkpatrick) Linn had four sons and four daughters: I. Alexander, born in 1753. married Hannah, daughter of Nathan and Uphamy (Wright) Armstrong. 2. David. married Sarah, daughter of Brigadier-General Aaron Hankinson, and they had eight children among whom were: Alexander, married and removed to Ohio; Mattie, married Jacob Shepherd; Polly, unmarried ; Margaret, married a Mr. Shepherd:' Aaron, married Eliza Hankin- son, and settled in Finleyville. Pennsylvania. 3. Andrew, mentioned be- low. 4. Margaret, married Hon. Joseph Gaston, paymaster of the Sus- sex Militia, during revolutionary war days. 5. Mary. 6. Ann, married Jacob Hull. 7. Martha, married (first) Isaac Schaeffer, (second) Joseph Desmond; she died in 1830, and was buried at Sandusky, Ohio ; the Rev. Isaac Desmond was her son. 8. John, married in 1791, Martha Hunt,

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daughter of Lieutenant Richard Hunt ; children : Elizabeth, married Rev. Edward Allen ; Sarah, married Nathan Armstrong Shafer ; Andrew, mar- ried Isabelle Beardslee; Mary Ann, married Rev. Benjamin I. Lowe ; Caroline, married Dr. Roderick Byington ; Alexander, a doctor at Deck- ertown, married Julia Vibbert ; William H., who was also a physician. The father of these children, John Linn, was appointed to the court of common pleas of Sussex county, Virginia, in 1805, serving until his death in 1823. He was twice a member of congress and died at Washington, D. C., during his second term. He was an elder in the Presbyterian church at Hardyston.

(II) Andrew, son of Joseph Linn, was born in 1759, and died in 1799. He studied medicine at Log Goal. He married Ann Carnes, of Blandensburg, Maryland, and they were the parents of five children : I. Robert, mentioned below. 2. Margaret, married Major William T. Anderson, of Newton. 3. Mary, married David Ryerson. 4. Martha, married (first) Hugh Taylor, and (second) Richard R. Morris, of New York. 5. Alexander, settled at Easton, Pennsylvania.

(III) Robert, son of Andrew Linn, was born April 20, 1781. He probably came to Virginia from Pennsylvania about 1810, and located in what was then Harrison county, now in Marion county, West Virginia, where he died September 9, 1834. He was by occupation a farmer and miller. He married Catherine Lyon, born in Pennsylvania, October 18, 1788. He and his family resided at Linn's Mills. Children : Mary Jane, married Smith M. Hensill, and died in Portland, Oregon ; Priscilla, mar- ried Newton Maxwell: Nancy, married Newton's brother, Milton Max- well, of Butler, Pennsylvania; Sarah, married Isaac Courtney ; Louisa, married Dr. John T. Cooper, of Parkersburg : Benjamin, married Sarah Shriver ; and Robert, mentioned below.

(IV) Robert (2), son of Robert (I) and Catherine (Lyon) Linn, was born in Marion county, West Virginia, while it was yet within Old Virginia, December 27, 1813, and died December 7, 1860. He studied law in the office of Hon. Edgar C. Wilson, of Morgantown, Virginia, and was subsequently admitted to the bar at Pruntytown, Taylor county, in 1846; later he practiced law in Gilmer county, West Virginia. For four terms in succession he served as prosecuting attorney, having been elected on the Whig ticket, and he was serving in that office at the date of his death. He held other offices of trust and importance, in which he served with faithfulness and much ability. He was among the best known men of his section and bore the esteem of all with whom he came in contact. Mr. Linn was an elder in the Presbyterian church. He married in Fair- mont, West Virginia, Sophronia S. Newcomb, born in Greenfield, Massa- chusetts, in 1816, daughter of Ebenezer (2) and Sophronia (Smith) New- comb (see Newcomb VI). She was a woman of rare intelligence and refinement, and a lifelong worker in the Presbyterian church. She was only two years of age, when her family removed to Fairmont ; hence her life was largely spent in what is now West Virginia, and she died in Au- gust, 1890. Children : I. Mary S., born September 21, 1841, married Newton B. Bland, who died in March, 1896; she died January 28, 1910, leaving three children : Robert Linn Bland, now an attorney at Weston, West Virginia, who married and has four children ; George Linn Bland, assistant cashier of the Citizen's National Bank of Weston; Hattie, of Weston, West Virginia. 2. Nancy Catherine Lyon, born May 3, 1845. married Marion T. Brannon, of Glenville, West Virginia ; she has three living children : Hon. Linn Brannon, ex-judge of the circuit court ; Alice, of Fairmont ; Howard R., a bank cashier of Glenville. 3. Robert G .. mentioned below.

(V) Robert G., son of Robert (2) and Sophronia ( Newcomb) Linn, 3

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was born April 6, 1849, at Glenville, West Virginia (then Virginia) and was reared and educated as most youths of his time were, commencing in the common schools and later at Witherspoon Institute. When eighteen years of age, he became assistant clerk in the circuit clerk's office, at Clarksburg, where he remained three years. In 1869 he entered the Cin- cinnati Law School, graduating with the degree of Bachelor of Laws, in 1870. His instructors at law school were Ex-Governor Hoadley, Bellamy Storer, and H. A. Morrill. After his graduation he took up law practice at Glenville, the town of his birth, where he became prosecuting attorney, serving one term. He was two years in Gilmer county, and twelve in Calhoun county, West Virginia, where he served two years as prose- cuting attorney. He then returned to Glenville, in March, 1884, and re- mained there until 1900, being associated in law with Hon. John S. Withers. In 1900 he went to Charleston, Kanawha county, this state, where he now resides and practices his profession. He has been asso- ciated, as partner in law business in Charleston, with George Byrne, now of the Manufacturers' Record, and also with William E. R. Byrne, his present law partner, having also his son, Robert Linn, as a member of the firm. Mr. Linn maintains offices at Sutton, Weston and Glen- ville, this state, having partners in each locality. From 1873 to 1907, he had for a partner, Hon. John M. Hamilton, with offices at Grants- ville, Calhoun county. It goes almost without saying, that Mr. Linn has to do with much of the important legal business in this section of West Virginia, having so many sub-offices, the important cases pass through his hands for final investigation. Politically, he is a Democrat. In religious faith, he is of the Presbyterian church. In fraternal connec- tions, he is numbered among the members of the Independent Order of Odd Fellows, at Glenville.

He married at Weston, West Virginia, June 12, 1876, Mary Hamil- ton, who was born, reared and educated at that place. Her parents were Dr. J. M. and Mary (Lorentz) Hamilton, her mother being the daughter of John, and the granddaughter of Jacob Lorentz, of pioneer fame in this state. John Lorentz married Mary Reger; both are now deceased. The children of Mr. and Mrs. Linn, probably not in order of birth, were: I. Ernest, died young. 2. George, died June 22, 1908, while a law stu- dent at the University of West Virginia. 3. Edna, born June 25, 1878. educated at Wilson College, Pennsylvania; taught in normal schools, is now at home. 4. Mary, born April 25, 1880, educated at the Normal School of Glenville, West Virginia, and Hollister Seminary, Roanoke, Virginia, now at home. 5. Harriet, born March 30, 1884: graduated first in high school, then from the Glenville Normal School, and later as a trained nurse at Washington, D. C. 6. Robert, born July 25, 1882, grad- uated at the law school of the University of West Virginia, in the class of 1006, with the degree of Bachelor of Laws; was admitted to the bar the same year, and has been associated in law business with his father. at Charleston, ever since. 7. Ruth, born October 25, 1886, is fitting herself as a trained nurse, at Washington, D. C. 8. John Hamilton. born December 6. 1892, now in high school.

(The Newcomb Line).

As above referred to, the Linn and Newcomb families are intermar- ried, and this fragment of the Newcomb genealogy naturally finds a place here :

(I) Francis Newcomb, born in England, 1605, came to the Ameri- can colonies, 1635. with his wife, whose name was Rachel.

(II) Peter, son of Francis and Rachel Newcomb, was born in

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Braintree, Massachusetts, March 16, 1648; married, April, 1672, Susanna Cutting, daughter of Richard Cutting, of Watertown, Massachusetts.

(III) Jonathan, son of Peter and Susanna (Cutting) Newcomb, was born in Braintree, Massachusetts, March I, 1685, married Deborah ; and their children included Benjamin, of whom below.

(IV) Benjamin, son of Jonathan and Deborah -- Newcomb, was born at Braintree, Massachusetts, April 9, 1719, removed to Norton, Massachusetts, and died in 1801. He married, November 24, 1743, Mary, daughter of John and Mercy Everett, of Dedham.

(V) Rev. Ebenezer Newcomb, son of Benjamin and Mary (Everett) Newcomb, was born at Norton, Massachusetts, in November, 1754; he was a carpenter by trade, also a farmer and a Baptist minister. He fought in the war for national independence, being a member of Cap- tain A. Clapp's company. He died February 13, 1829. He married Wealthy Willis, February 23, 1779, and she died May 11, 1818.

(VI) Ebenezer (2), son of the Rev. Ebenezer (I) and Wealthy (Willis) Newcomb, was born October 22, 1785 ; was a carpenter, and cabinet maker. He removed from Greenfield, Massachusetts, to Fair- mont, Virginia, now in West Virginia, where he died in 1859. He mar- ried Sophronia Smith, born December 24, 1792. Their daughter, So- phronia, born December 6, 1816, died in August, 1890. She was a na- tive of Deerfield, Massachusetts, came to Virginia, with her parents when two years of age; she married Robert (2) Linn and became the mother of Robert G. Linn (see Linn V).

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MCWHORTER Among the names that will endure long after life's work is completed, is that of Honorable Henry Clay McWhorter, of the city of Charleston, West Vir- ginia, whose entire life is a fine example for those of the rising genera- tion, who seek the best in life, and hope to succeed at useful and high- minded callings, as has Judge McWhorter. While he is not a native of West Virginia, his whole career as youth and man has been spent on the soil of this commonwealth. He was born February 20, 1836, in Mar- ion county, Ohio, the son of Fields and Margaret M. (Kester) McWhor- ter, both natives of Harrison county, Virginia, in that part now within West Virginia. At the age of six years the parents removed to Harri- son county. His father was a physician and served in the Union cause from Missouri. Henry C., of whom this narrative will especially treat, did not have the present-day educational advantages of the splendid free school system, as his youth was spent before such facilities had spread in this country, to any extent. He was taught at private schools and by pri- vate tutors, and by such means was prepared to enter the old Institute at Ravenswood, Jackson county, after which he chose law for his profession and had made some headway in the study of this science, when his plans, like those of many thousands of young men-North and South-were all changed by the coming on of the terrible civil war. He closed his books and enlisted, September 16. 1861, as a private in Company B, Ninth Virginia Volunteer Infantry. Hc was mustered as second lieutenant Sep- tember 30, 1861, and on March 1, 1862, became captain of Company G. serving until 1863 ; he was in many severe engagements and saw hard mil- itary service, sustaining injuries which incapacitated him physically for further field service ; but he was retained in provost duty, until the end of the war, when he was chief clerk in the enrollment office of the third dis- trict of West Virginia. After the war, Captain McWhorter resumed his law study and was admitted to the bar at Charleston, in 1866. His pro-

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fessional career has extended over a long period in which he has served in various public capacities of honor and trust, never once betraying his fellow citizens. He was city solicitor of Charleston, and in 1869 was elected prosecuting attorney for Kanawha county, and was for many years deputy clerk of the United States district court ; also a councilman in the municipality of Charleston. In 1896 he was elected a member of the supreme court of appeals for West Virginia, which took him from the active practice of his profession, for the time being. He was on the su- preme bench twelve years, after which he traveled for pleasure and to re- cruit his health, and then resumed practice as a member of the firm of H. C. & L. E. McWhorter.

Politically, Judge McWhorter is a Republican, and still active in par- ty councils. He represented Roane county, West Virginia, in the legisla- ture in 1865, and Kanawha county in 1866-67-68 and again in 1885-87. In 1866, he was chairman of the judiciary committee and in 1868, Speak- er of the House. During the "Grant, Colfax and Peace" political cam- paign of the autumn of 1868, he was a delegate-at-large to the Chicago Republican National Convention that nominated U. S. Grant for presi- dent ; he was postmaster at Charleston ; also at Spencer, Roane county, holding the latter office when the war broke out. He is an ardent mem- ber of the Methodist Episcopal Church; was delegate from West Vir- ginia conference twice to General Conferences : also to numerous conven- tions of his church ; he has been for many years president of the board of trustees of the West Virginia Wesleyan College, at Buckhannon, and at the last meeting of the West Virginia Wesleyan College Trustees at Buckannon, West Virginia, the honorary degree of LL.D. was conferred upon Judge McWhorter. He has served on several charitable boards and in times of dire calamity has been foremost in helping to provide aid and comfort for unfortunate sufferers. He was one of the Electors repre- senting the Judiciary for the "Hall of Fame" in 1905, and has the dis- tinction of being the first president of the Independent board of educa- tion in Charleston district. He is prominent in Free mason circles, being a member of the Knights Templar, Eastern Star and Shriners degrees of this order ; also is connected with the Ohio Commandery of the military order of the Loyal Legion.

He married (first) Mary Hardman, in Spencer, Roane county. De- cember 16, 1857. She died April 22. 1878. There were four children by this marriage, one of whom, Alma, died, aged nineteen years ; the others are: Margaret Lea, now Mrs. F. L. Flagg, of Pittsburgh ; Minnie S., un- married, principal of Kanawha school, Charleston; Romeo Chapin, of New Jersey, painter. On May 8, 1879, Judge McWhorter married (sec- ond) Eliza McWhorter ; she died September 1, 1881, leaving one child, Henry, who died in infancy. On January 8, 1885, he married (third) Lucy M. Clark, who died August 15, 1900. On May 18, 1904, he mar- ried ( fourth ) Caroline M. (Hutchins) Gates, who died July 7, 1912.

LAIDLEY Thomas Laidley, the emigrant, reached New York in 1774. He was a son of James Laidlaw, and was born in Ayrshire, Scotland, January 1, 1756. This difference in the name is not so great in pronunciation as in spelling and, owing to the fact that Thomas, when coming into the colonies of Great Britain, had made up his mind to take the side of the colonies against England, and being a subject of the latter government, he may have considered it safer to be known as Laidley, as they would have had some trouble in es- tablishing him as a British subject. It is said that in the civil war one of

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the Laidleys of Virginia changed his name to Laidlaw, to distinguish himself from the Union men who were known as Laidleys ; but this may have been a whim, without any good reason for the change. It is stated that Thomas was engaged in aiding Washington in New Jersey and Penn- sylvania, was engaged at the battle of Trenton and other battles, and was in command of a gun-boat on the Delaware, and was at one time the stew- ard in charge of a hospital (see Penn. Archives, 3rd Series, Vol. XXIII, pp. 81-2-3-4). Washington did not hesitate to say "put none but Amer- icans on guard to-night." And we imagine that he was no military man, being fresh from the old country ; but he was however, ready and willing to work anywhere that he could do the most good. It has come down as fam- ily tradition that he was engaged in the revolution with Washington in New Jersey and in Pennsylvania, in 1776-1777. We know that he was in Lan- caster, Pennsylvania, in 1778, and that he fell back from Philadelphia when the British occupied Philadelphia. He married Sarah Osborn, June IS, 1778, at Lancaster, Pennsylvania. His wife was born in Philadelphia, October 12, 1762, and her parents were residents of New Jersey.

After the war was over he settled and lived for several years again in Philadelphia, where his oldest child was born July 20, 1781, while all the other children were born at Morgantown. He had established him- self as a merchant at Morgantown in 1783, and a Mr. Means was his store-keeper. Mr. William Haymond says that he was going to Wil- liamsburg on one occasion and they sent by him $200 in gold. to pur- chase land office Treasury Warrants. We read that his was the first store in Morgantown, and that he was induced to invest in real estate in said place. His name appears as a tax-payer on tithables, on horses and cat- tle in 1786, on the list returned by Joseph Jenkins for said year. He took out patents for land in 1786 as follows: For 2,000 acres on Hughes Run, 1,375 acres on Grigsby Run, 5,000 acres on Slab-Camp Fork, 2,000 acres on Buchanons river, 4,000 acres on Hughes river in two tracts, 6,000 acres adjoining Henry Banks, 875 acres on White Day Creek, and two tracts on Monongalia river, and he also purchased twelve lots in Mor- gantown.

Thomas Laidley represented Monongalia as a delegate in 1788. Mr. Wiley on page 273 says he was the delegate in 1797 and 1800. He re- moved from Morgantown to a farm near Farmington, on White Day Creek, and soon afterwards to a farm where he resided near his son, Leander S. Laidley, in Marion county. He removed to Cabell county, in [809, but did not remain long there ; he then removed to Marion county and in 1828 went to Cabell county to live with his son, John Laidley, where he died, March 17, 1838. His wife died in 1844. It is said that his coming west was induced by Albert Gallatin who settled at New Geneva, and Laidley at Morgantown.

Children : 1. James Grant, of whom further. 2. Sarah F. B., born in Morgantown, May 3. 1787, died in 1848; she married Jehu L. Davis. Their son, Alpheus Davis, died in 1902, aged eighty-four years. 3. Eliza Stuart born in Morgantown, May 31, 1789, died in 1828; she married, in 1826, Boaz Fleming of Monongalia county, born 1758, died 1830. Child, Eliza Diarex, born 1828, in Marion county ; she lived in Cabell county with her uncle John, where she attended school, and later lived with her aunt Jane, in Fairmont. She married, November 14, 1860, George W. Honsaker ; he died in 1895, aged seventy-four years. 4. John Osborn, of whom further. 5. Thomas H., of whom further. 6. Jane B., born in Morgan- town January 26, 1796, died in 1879. 7. Leander S. of whom further. 8. Edmond J. F., born October 3. 1800, died in 1815. 9. Corrinne, born Jan- uary 6, 1803, died September 30, 1805, in Morgantown.

(III) James Grant, son of Thomas Laidley, was born in Philadelphia,

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West Virginia and its people, Volume II, Part 5

Author: Miller, Thomas Condit, 1848-; Maxwell, Hu, joint author Publication date: 1913 Publisher: New York, Lewis Historical Pub. Co. Number of Pages: 866

Author: Miller, Thomas Condit, 1848-; Maxwell, Hu, joint author
Publication date: 1913
Publisher: New York, Lewis Historical Pub. Co.
Number of Pages: 866