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County Courts
(Transcribed from the book
History Of Harrison County West Virginia
by Henry Haymond 1910)
Donated by Barb Ziegermeyer


The institution of the County Courts originated in Virginia as early as 1623-24, and as it is the most ancient, so it has ever been one of the most important of our institutions, not only in respect to the administration of justice, but for police and fiscal affairs. They were first called monthly courts, and at first only two of them were established, and their jurisdiction jealously limited to the most petty controversies, reserving the right of appeal for the party cast to the Governor and council, who were the judges of what were then called the quarter Courts.

In 1642-43 the style of monthly courts was changed to that of County Courts, the colonial assembly having previously begun, and continuing thence forward to enlarge their duties, powers and jurisdiction, and to extend the system to every County as it was laid off.


As early as 1645 they had been matured into Courts of general jurisdiction in law and equity, and the most important matters of police and fiscal affairs were confided to them.


Previous to 1661-2 the judges of the County Courts had boon styled Commissioners of the monthly courts and afterwards Commissioners of the County Courts: but at that time it was enacted that they should take the oath of a Justice of the Peace, and be called Justices of the Peace.


These tribunals now assumed a perfectly regular form; and their functions have ever since been so important, that their institution may well be considered as a part of the constitution both of the colonial and present form of government. No material change was introduced by the war of the revolution in their jurisdiction or general powers and duties of any kind.


Up to the time of the adoption of the constitution of 1852 the Justices composing the County Court were appointed by the Governor for life, upon the recommendation of the members of the Court, thus making that body self continuous. They also recommended a candidate to the Governor for appointment of Sheriff, Surveyor and Militia officers, and appointed their clerk, assessors and constables.


The only local officers elected by the people were members of the legislature and overseers of the poor.

By the Constitution adopted in 1852 the justices were made elected by the people for short terms, as were also the Sheriff and other County Officers, but in other particulars the system underwent no change.

When West Virginia was created the system was changed to a Board of Supervisors for each County, which discharged the same duties as the old County Court, except it was shorn of its powers as a court of law and equity jurisdiction, each county district elected one member.


The constitution of 1872 abolished the Board of Supervisors and we now have a County Court that still discharges the important duties of all matters concerning county affairs but has no law and equity jurisdiction.

For twenty five years after the organization of Harrison County the County Court was the only one held in the County, and it was a tribunal of the greatest importance to the public, and contributed much towards the settlement of the county.


It was the medium through which small disputes were settled and breaches of the peace were tried, roads laid out, mills established, bridges built, licenses granted, taxes levied and collected, deeds, wills and marriages recorded, and all things conducted that entered into the home life of the settlers, and tended to establish law and order and organize self government.


While the territory including Fort Pitt and south of it was in dispute between Virginia and Pennsylvania, Lord Dunmore, the governor of the former colony issued a new commission of the peace and adjourned the Court of Augusta County from Staunton to Fort Pitt and called it Fort Dunmore, and Court was held there at intervals in the years 1775 and 1776. but the jurisdiction of this Court does not appear to have extended to the territory now comprising West Virginia.

In May 1776 the Richmond Convention passed an ordinance providing that the Justices residing in the District of West Augusta upon taking the oath of allegiance to Virginia should have the power and authority to hold a court within the said District on the third Tuesday in every month at such place as they may appoint in the spine manner as in the other counties.

In August 1776 a Court was held for West Augusta when the name of Fort Dunmore was dropped and that of Pittsburgh substituted.

Lord Dunmore had by that time fled and taken refuge on a British war ship. His schemes had failed, the revolution was on, and the settlers agreed to sink their local differences and turn their arms against the common enemy
.

Court was in September and November 1776 held at Augusta Town, in what is now Washington County, Pennsylvania, about two miles from the County seat on what is known as the Gabby farm.

This spot has been marked by a monument containing the following inscription:

"On this spot was held in 1776 the County Court for the District of West Augusta, Virginia, the first court held by any English speaking people west of the Monongahela River. Erected by the Washington County Historical Society in 1905.

In October 1776 the District of West Augusta by an act of the General Assembly of Virginia was divided into the three Counties of Ohio, Yohogania and Monongalia, and thus passed from the pages of history.

In order to show the close relations this Court held to the people the full proceedings of the first Court held in Harrison County is given below, as also numerous extracts from the order books from time to time.

The first minute or order book appears to have been written on sheets of large or foolscap paper and afterwards bound in book form.


Some of the sheets have water marks in them, evidently of English manufacture, as the crown can be distinguished with the initials G. R. beneath it.

In others the figure of Britannia can be seen seated in the car of vic­tory holding a trident with the lion and the unicorn in front surmounted with the motto "Pro Patria."


Be it remembered that at the house of George Jackson on Buckhan-non River the 20th   day of July 1784:—

A Commission of the peace & a commission of Oyer & Terminor for the said County directed to John P. Duvall, Benj. Wilson, Wm. Lowther, James Anderson, Henry Delay, Nichs.
Carpenter, Wm. Robinson, John Powers, Thomas Cheney, Jacob Westfall, Salathiel Goff & Patrick Hamilton was presented & read & thereupon the Oath of Allegiance to the Commonwealth was administered by Benj. Wilson Gent, to the said John P. Duvall and by him to the above named Justices and also the oath of office as directed by law.


Wm. Lowther Gent, produced a commission (Sheriff) from his excellency the Governor bearing date the 14th. day of June last past, which was openly read and thereupon the sd. Wm. Lowther, gent, having first entered into bond with George Jackson & Benj. Wilson his securities for his due and faithful performance of the said office took the oath of Allegiance to the Common Wealth & the Oath of office as directed by law.


Benjamin Wilson was chosen Clerk of the Court for said County, he having taken the oath of Allegiance to the Common Wealth & the Oath of office as directed by law.


Ordered that the above proceedings be recorded.


Ordered that William Haymond be recommended as a proper person to fill the office of Principal Surveyor for said County, and certified.


Ordered that James Anderson and Nicholas Carpenter Gents, be recommended as proper persons to his Excellency the Governor to fill the office of Coroner.


Ordered that John P. Duvall is recommended to his Excellency the Governor as a proper person to be County Lieutenant of this County and Benj. Wilson, Colo.; Henry Delay, Lieut. Colo., and William Robinson Major.


Ordered that the Sheriff summons 24 freeholders for a Grand Jury of Inquest for the body of this County to appear at next November Court.


Ordered that a former order of Monongalia County Court in these words:


"Ordered the the road from Richards Fort extended by Edmund West's mill to John Hackers, the nearest and best way, Nicholas Carpenter, Isaac Richards and David Sleeth be appointed to view and lay out said road and make report to the next Court to be held for this County is hereby revived.


Ordered that a way for a road from Clarksburg to the Monongalia River at Wickwire's ford and John Goodwin, Robert Plumber, John Owens and Moses Hustage or any three of them being first sworn do view the same and report the conveniency and inconveniences of the same and make report to the next Court.


Ordered that Christopher Carpenter be appointed Surveyor of the highway agreeable to a former appointment of Monongalia Ct. Court from the river above Richards Fort to Elk River in Clarksburg and the tithables between Booth's Creek and Little Buffalo and Limestone and Elk River is required to aid the Surveyor in keeping the road in lawful repair.

Ordered that Benj. Coplin be appointed Surveyor of the highway in room of Benj. Shinn from Elk River in Clarksburg to Ezekiel Thomas and the tithables below Elk River to Simpsons Creek and up the South side of Davisson's Run are to aid the Surveyor in keeping said road in lawful repair.


Ordered, that John Powers be appointed surveyor of the highway in room of William Robinson from Ezekial Thomas to Pettyjohn's ford and the tithables from the north side of Davisson's Run and Simpson's Creek to the County line are required to aid the Surveyor in keeping the same in lawful repair.


Ordered that Clarksburg be the place for erecting the public builders on for this County and that one quarter of an acre of land formerly belonging to Daniel Davlsson be appropriated for the purpose of erecting the public buildings upon, together with one quarter of an acre formerly belonging to Joseph Tlastin? adjoining thereto be applied to the aforesaid purpose said Davisson's gift is number eight, and the gift in land made by Hastings is number seven, which said Gentleman viz. Daniel Davisson and Joseph Hastings in Court hath agreed to make a deed in fee simple to the present Court, and there their successors so long as the Court House and other public buildings shall continue thereon.


Ordered that George Jackson. John McCally. John Sleeth, John Wilson, Cornelius West fall. John Goodwin, Edward Jackson, Benjamin Robinson, John Printy and Robert Maxwell are proper persons to be recommended to his Excellency the Governor to fill the office of the peace for said County.


Ordered that Salathiel Goff, James Anderson. Henry Delay. Jacob Wistful, Patrick Hamilton, Thomas Cheny, William Robinson and John Sleeth is appointed to celebrate the rights of matrimony, they first complying with the law.


Ordered that David Davisson do make the road he has turned round his fence equally as good as the other part of the road is made and to be revived at the judgment of the Overseer.


Ordered that a bill of sale given by John Sailor to Charles Harris is admitted to record.


Ordered that Charles Harris be appointed Constable and appear at next Court to swear into the office.


Ordered that Obadiah Davisson be appointed Constable and appear at next Court to swear into the office.


Ordered that John Runyon be appointed Constable and appear al next Court to swear into office.


Ordered that Michael Johnson be appointed Constable and do appear at next Court to swear into office.


Ordered that Jacob Riffle be appointed Constable and appear at next Court to swear into office.


Ordered that John Currence be appointed constable and do appear at next Court to swear in office.


Ordered that Mathias Whiteman be appointed Constable and do appear at next Court to swear into office.


Ordered that George Jackson hath a good and just right to build a mill on his premises in or adjoining Clarksburg on the Elk River so that said Jackson doth not affect no other persons land.


Ordered that the Clerk do issue a summons in behalf of John Hacker against Elijah Stout to show cause why he detained said Hacker out of his landed rights.


Ordered that the Court do meet at the house of Hezekiah Davisson's at Clarksburg the next Court day in Course.


Ordered that the Court do adjourn to the next Court day in Course.

John P. Duvall.

Test. Benj. Wilson, Clk.

It will be seen by the above record that a great deal of Important business was accomplished at this first session of the Court ?n organizing the County and setting the wheels of government in motion, and there is no question that its members were composed of earnest able men thoroughly competent to perform the duty for which they were assembled.

Col. William Lowther was qualified as sheriff, although the order omits to state what office he was appointed to, the Clerk of the Court was appointed, surveyor militia officers, coroner and Justices of the Peace recommended to the Governor for appointment, constables, viewers and overseers of roads appointed, a grand jury summoned for November Court, a mill seat established, the County seat located at Clarksburg, lots donated upon which to erect the public buildings, one civil suit brought, and then adjourned to meet at Clarksburg the following month of August.


The business completed they no doubt mounted their horses and struck out by various paths and trails through the woods, as there were no roads, to their cabins and unprotected families, as this time of year was the season the Indian war parties raided the settlements.


At this day a photograph of these sturdy men would be an interesting sight, clad in the rude dress of the frontier, consisting of hunting shirt, leggings and moccasins, with their rifles close to hand, being engaged in establishing a government for the people in the wilderness.


They were in hourly danger of being attacked by a savage enemy, and having their new government blotted out of existence, and toppled over by the strong arm of a barbarous foe, but at a great disadvantage and danger to themselves they had met to perform a duty to their country ; had discharged that duty well and intelligently and all honor is due them for it.


The house in which this first Court was held stood near the present town of Buckhannon in the neck of the loop of the river, about one mile East of the Upshur County Court House, and is said to have been built by John the father of George Jackson. It has long since been torn down and no part of it is now standing.


The next meeting of the Court was held in Clarksburg the following August, presumably at the house of Hezekiah Davisson, and was the first court of any kind ever held in that town.

The precise location of this house is not known, but it was on what is now main street, somewhere between Second Street and Elk Creek.


Lots numbered seven and eight referred to as being donated by Davisson and Hastings for public building purposes, according to an old map were situated on the South East corner of Main and Second Streets, where the Presbyterian Church now stands. Some changes were afterwards made in this location, the corner lot No. 8 was taken for the jail and Lot No. 15 situated on the North East Corner of Second and Main Streets taken for the Court House.


The full proceedings of this Court were as follows:


At a Court held for Harrison on the third Tuesday in August, 1784 and in the IX year of the Commonwealth. Present John Percy Dirndl, James Anderson, Nicholas Carpenter, William Robinson, John Powers, Thos. Cheney, Gent. Justices.


Anthony Thirton    Plt.           

vs.        } Trespass.       

Thos. Wilmoth    Deft.      

The party not appearing the suit is further continued.

Barbarah Shaver    Plt.   

vs.    }Slander.

Sarah Currence    Deft.   

Joseph Friend enters special bail for the defendant and the suit is further continued.

Elizabeth Shaver    Plt.   

vs.    } A. B.

Jonathan Smith    Deft   

Joseph Friend enters special for the defendant and the suit is further continued.

James Lackey    Plt.         

vs.      }  Tress.       

William  Smith    Deft.     

Jonathan Smith enters special bail for the defendant and the suit is further continued.

John Wolf    Plt.           

vs.      }     Petition.       

Alexr. Maxwell    Deft.      

James Anderson, Joseph Davisson & John McCalley evidence sworn in the above suit now on trial.

Judgment is granted for the Plt. and his costs of suit in his behalf expended Debt. £3. Os. Od.

Sarah Currence    Plt          

vs.        } Slander.       

Barbarah Shaver    Deft.     

Jacob Shaver enters special bail for the defendant and the suit is further continued.

Jonathan Smith    Plt.   

vs.   }  A. B.

Elizabeth Shaver    Deft.   

Jacob Shaver enters special bail for the defendant and the suit is further continued.

Jonathan Smith    Plt.   

vs.    }  ?????

Barbarah Shaver    Deft.  

Jacob Shaver enters special bail for the Deft, and the suit is further continued.

Jonathan Cobun    Plt.   

vs.   }   Petition.

Jessee Hughes    Deft

The above suit agreed.

Mary Shaver    Plt.   

vs.    } Slander.

Sarah Currence    Deft.   

Joseph Friend enters special bail for the deft, and the suit is further continued.

Alexander West    plt..          

vs.        } Slander.       

Matthew Natter    Deft.       

Amaziah Davisson enters special bail for the deft, and the suit is further continued.

Jonathan Smith    plt.     

vs.        }  Atth.       

James Taff    Deft.      

Ordered, that a summons issue to site John Westfall to appear at the next Court as garnishee in the suit of Jonathan Smith.


It is proven to the satisfaction of the Court that Thomas Berkley lost a certificate that was liquidated by the Court of Claims in Monongalia County.

That Frederick Westfall an orphan child be bound to George Jackson.


Ordered that John Menear be exempt from the payment of publick County & Parish Levys.


Salathial Goff, James Anderson, Henry Delay, Jacob Westfall, Patrick Hamilton, Thos. Cheney, & William Robinson, Gent. Laymen—Appeared in Court and took the oath of Allegiance to this State, and the Clerk is required to grant a license to the Gents, above named to celebrate the rights of Marriage agreeable to an act entitled—an act to authorize and confirm Marriages in certain cases.


Ordered that the Sheriff summons a Jury of 12 men to appear on the land of John Hacker and Elizabeth Stout, to inquire into and settle the bounds of land between them and report their proceedings thereon to the next Court.


Ordered, that Samuel Freeman be appointed Constable and is required to swear into office.


Ordered that the Court do adjourn until tomorrow at eight o'clock.

John P. Duvaix.

Test, Benj. Wilson, Clerk.

August 18, 1784.
Assessors were appointed to take a list of all white persons and buildings distinguishing dwelling houses from other houses, together with a list of the tithables subject to the payment of County or parish levies.

September 21, 1784.
John Percy Duval produced a commission of County Lieutenant from his excellency the Governor, and took the oath of office as directed by law, also Benj. Wilson as Colonel, Henry Delay as Lieut. Colonel, and William Robinson Major, and severally took the oath of office.

The viewers reported that a good road could be made with ordinary labor from Richards Fort by West's Mill to John Hackers and will be of advantage to the inhabitants.


Note: Richard's Fort stood on the old Eli Marsh farm six miles from Clarksburg on the road to Milford, and on Sycamore Creek just above its mouth. John Hacker lived near Jane Lew.


William Haymond produced a commission as Surveyor of Harrison County and was sworn into office.

September 22, 1784.
Ordered that a log jail be built for the use of this County at the town of Clarksburg, and that the sale thereof will be at next November Court to the lowest bidder, also a pillory and one pair of stocks.

Ordered that acknowledgment of Eva Truleys to Peter Breeding for injustice done by her to him for his character, and on the same being proven the sd. acknowledgment is ordered to be recorded.

November 16, 1784.
Davis Bradford attorney  at law  appeared in  Court and on  his motion he is admitted to practice in the Court of Harrison County and took the oath of office as directed by law.

At a Court held for Harrison County on the third Tuesday in November 1784 & IX year of the Commonwealth, present James Anderson, William Robinson, John Powers, John Goodwin, John McCally and John Sleeth, Gent. Justices.


On being summon'd the following Gents, appeared of the Grand Jury of inquest to wit:

Benj. Jones, Foreman John Wood Henry Runyon
Ebenezer Petty Thomas Barkley William Davis
Robert Plumber Amaziah Davisson Joseph Davissoii
Andrew Davisson Daniel Cain Jonathan Stout
Benj. Coplin Daniel Wamsley Joseph Hastings
Daniel Stout John Ratliff Aaron Smith



The Grand Jury sworn and charge given. The Grand Jury made their presentments and they were received and the Jury is discharged.


Indictments and presentments not given in record.

The above is the record of the first Grand Jury held in Harrison County.

November 18, 1784.

The rates of liquors and victuals, horse forage &c. as rated for ordi­nary keepers for the year 1784.

  £. S. D.
Wine pint 0 1 6
Jamaica spirits per half pint 0 1 0
Peach & Apple Brandy per half pint 0 1 0
Warm Breakfast 0 0 9
Cold Breakfast 0 0 8
Dinner 0 1 0
Supper warm 0 0 9
Supper cold 0 0 8
Bed per night of clean sheets , If not clean nothing 0 0 4
Horse at hay for night 0 0 71/2
Corn and oats by the gal'n 0 0 71/2
Pasturage 24 hours 0 0 4




January 19, 1785.
On motion of Richard Hocklin, servant of John P. Duval complaining agent, his master, in regard of wearing an iron collar its the opinion of the Court sd. collar be taken off by his master.
November 18,1784.
Sarah Currence    Plft.   

vs.    } Trespass.

Barbary Shaver    Deft.   

Plea not guilty.

The suit now in issue and there came a jury, to wit:

Ebenezer Petty, Foreman Charles Harris Adam O'Brien Hezekiah Davisson
Edmon Night Francis States Alexander West William Haymond
Lewis Duval William Tanner Thomas McCann John Cutright


Verdict for the Plaintiff, six pence damages

The above is the record of the first Jury trial in Harrison County.

December Term, 1784.
Ordered that a bridle road be opened from Clarksburg to Wickwire's ford, and that John Davisson be the surveyor thereof from Clarksburg to the widow Davisson's grave yard: James Anderson from there to Robert Plumber's and John Goodwin from there to the ford.

The tithables on the East of Elk Creek, on Simpson's Creek and on Booth's Creek were to be under the direction of the above named overseers.


Note: This ford was on the Valley river below Fetterman. A bridle road was simply a path through the woods, the trees being barked to show the way, logs rolled to one side and the small trees cut out wide enough for a horse to pass through.

March 18, 1785.
The Court proceeded to lay the County levy.
  £ S. D.
To William Lowther Gent High Sheriff of this County for public services till November Court 1784, past 2 10 0
To Benj. Wilson Clk. of this County for public services till November 1784, past 2 10 0
To Elizabeth Countryman 7 10 0
To Daniel Davisson for stocks to be built against April Court 5 19 11
  18 9 11



Cr.            
By 2 6 levied of 337 tithables 41 17 6
By 2 - fine on John Nutter 1 0 0
By 15 - fine on Peter Kinsels ft Daniel Sleeth 0 15 0
By 5 - fine on Dougherty and Daniel Davisson 0 5 0
By 5 0 on Leo Martin and Hezekiah Davisson 0 6 0
By 15 - on Alex Sleeth 0 15 0
By 5 - on Bulger & John Heagle 0 6 0
        45 2 6

The names following those of the parties fined in the above Sheriff's statement are the sureties of the parties named for the payment of the fine.

March 18, 1785.
Or'd That the Sheriff collect of every tithable in this County 2s. 6d. being the County levy for the year 1784, and pay the same as directed by the proportions.

Note: It appears so far as the order book shows that in the first years of the County there was no tax levied on property, but only a poll tax on each tithable or male over twenty one years of age. Building roads was no expense to the County as the inhabitants of certain districts were required to work on the roads without charge.


The amount of two shillings and six pence to be paid by each one as given above in the money of the present day amounts to 41 y$ cents.


The contract to make one pair of stocks, whipping post and pillory was let to Daniel Davisson at the price of £5. 19s. lid.


John Prunty undertook to build the jail agreeable to the plans prescribed for £19. 15s. Od.


The levy for the year 1785, the second year of the County was laid in November of that year and the sum of £129. 12s. Od. was directed to be collected off of 432 tithables by the High Sheriff.


The amount allowed for old wolf scalps was 12 shillings and six pence, and for a young one 6 shillings and 3 pence.


David Bradford was allowed for extra services as Common-wealth attorney £17. 10s. Od.


The finances of the County were reckoned by pounds, shillings and pence. The Virginia pound in dollars and cents was $3.331/3. A shilling 16 2/3 cents and a penny 1 7-18 cents.

March 18, 1785.
James McDead appeared in Court and proved to the satisfaction of the same that he enlisted as a substitute in the regular service in room of "Uriah Gardee, and entered the service in the year 1780 and continued in service twenty one months, and was discharged by Major Sneed of the Light Infantry, and has lost said discharge and ordered to be certified.

April Term, 1785.
William Robinson, Benj. Robinson, Enoch James and Daniel Davisson appointed viewers to mark a road from Skillings ford on the West Fork River by Levi Shinn's Mill site, to Clarksburg keeping aa close to the river as the situation will admit.

William Runyon, overseer of the highway directed to keep in repair the road from the Bear Wallow on the top of the ridge to the Highland Ford.


April Term, 1785.

Daniel Davisson appointed surveyor of road from Elk Creek in Clarksburg to the Bear Wallow on the top of the ridge on the South side of Goose Creek.

April 20, 1785.
Major William Lowther proved to the satisfaction of the Court that he was in the volunteer service under the command of General George Rogers Clark in the year 1781, and obtained from the General a Major's commission, and acted in that capacity from June 21 until August 11, and that he was seven days from the date of discharge to his arrival home. Ordered to be certified.

Adam Morgan proved to the Court that he served nine months as a spy.


Note : The indictments at this period were generally for drunkenness, disorderly conduct, card playing, assault and battery, breach of the Sabbath day, keeping tippling houses and allowing gambling in private houses.


May 18, 1785.
Ordered that the principal surveyor of this County do appoint one of his Deputies to act in conjunction with the Surveyor of Greenbrier County to run the dividing line between the Counties, and the Court is of the opinion that two markers, three chain carriers, four pack horses, two drivers and one hunter will be sufficient; and for the provisions and pack horses wages &c the County Court will settle for on the oath of the Deputy; also the Deputy is to purchase and hire in the best terms and to account on oath.

Note: Thomas Douglass was the Deputy selected to run this line. It is not known whether he was joined by a party from Greenbrier or not, but the order books show that frequent efforts were made to induce Greenbrier County to bear her share of the costs of establishing the line between the Counties, and on two or three occasions commissioners were sent to that County in order to secure a settlement. It was finally settled by Greenbrier paying £123. 14s. 2d., and Harrison paying £66. 0s. I0d.


This line began on the top of the ridge which divides the Eastern from the Western waters, where the line between Augusta and Bottetourt crosses the same, and running thence North 55 degrees West to the Ohio River, being the Southern boundary of Harrison County.


The reports and map of Surveyor Douglass cannot be found. His statement of expense, which was presented to the Court at the May term 1786 states that the distance was 108 3/4 miles and the time engaged in the work was from September 15, 1785, to May 15, 1786 and that the total expense was £189. 15s. Od., or $632.50, and that the following provisions were used:

21/2 pecks of salt 123 pounds of flour.
 

6 bushels of wheat
 

3/4 bushels of Indian corn
 

6 pounds of bacon
 

Number of days for horses employed
279

Number of days for packers, chain bearers &c
632

Number of days for hunters
211



Daniel McCann and Willam Murphy were the chain bearers.


This line reached the Ohio River near the present boundary line be­tween Jackson and Wood Counties.


Note:—It appears from the following entries that soldiers in active service were occasionally quartered on the inhabitants.

May 18, 1785
Commonwealth, Dr. Henry Snider - Billetting two soldiers 26 days, ass'd 3s. 41/2 d per day.
Edward Cunningham—Billetting three soldiers 76 days each.
One - Do 5 days.
One - Do 26 days.
And two men 3 days.

Ass'd to 3s - 41/2d. each soldier each day.
Also 4 days horse hire ass'd 2 each day.
Note : it seems that the allowance for each soldier per day was three shillings four and a half pence, which amounts in the money of the present day to fifty cents.

The horse hire amounted to 33 1/3 cents each day.

August 16, 1785
John Wade Loughberry qualified in open Court to administer rites of matrimony.

August 17, 1785.
James Anderson qualified as Sheriff gave bond for 1000. S. Stratton has permission to erect a grist mill on Hacker's Creek.

November 15, 1785
The Jail reported finished by a Committee composed of Nicholas Carpenter and John Powers according to contract by John Prunty.
 Note :This probably refers to the temporary log jail.

February 21, 1786.
Ordered that a bridle road be opened from Conolly's lick, agreeable to a former order of Augusta County Court from said lick to the top of ye Allegheny Mountains and the petitioners are to aid and assist John War­wick, who is appointed overseer thereof to open said way.

Note: This is the order referred to in the chapter on organization of Counties.

Connolly's lick referred to in the above was near Bulltown in what is now Braxton County.

It is said that Conolly's cows frequently going to this lick led to the discovery of salt water, and salt works were afterwards established there by John Haymond.


November 17, 1785.
The Court proceeded to lay the County levy.

  £ S. D
To Wm. Lowther, late High Sheriff of this County for
6—17—16 the balance due to him
6 17 6

To Benj. Wilson, Clerk of our Court for extra services from
last November to this day
7 10 0

To said Clerk for two called Courts 400
2 10 0

To Said Clerk attendance on Court of public claims
1 00 0

To James Prather, 1 old wolf
0 12 6

To Wm. Johnson, 1 old wolf
0 12 6

To James Arnold, 1 old wolf, and one young wolf
0 18 9

To John Hamilton, 1 old wolf
0 12 6

To Barnes Allen, 2 old wolves
1 5 0

To Thomas Nutter, 1 old wolf
0 12 6

To Daniel Davisson, 1 old wolf, assigned to David Prunty
0 12 6

To Benj. Wilson for purchasing book for County's use
3 00 0

To Daniel Davisson for serving on highway with his team
0 6 0

To Catherine Counterman
7 10 0

To David Bradford extra services County Court atty
17 10 0

To John P. Duval, assignee Jesse York, 1 young wolf
0 6 3



Ordered that the sum of £129. 12s. Od. be levied on 432 tithables and that the present Sheriff collect the same and account with Court according to law, at the time limited by law.


  £ S. D.  
By 10 Shillings on Joel Lowther, he being security for
Robinson for swearing
0 10 0  
By 5 shillings on Joel Lowther, he being security for Kincheloe for getting drunk
0
5 0  



February 21, 1786.
Ordered that the building of a Court House to be in the town of Clarksburg and a bridge across Elk be exposed to publick sale, to the lowest bidder on the 2nd. Court day in March next, at which time ye draught of the same will be made known, and the Clerk is required to publickly notify the same.
Isaac Edwards a Baptist Minister was qualified to perform the rites of matrimony.

March 23, 1786.
John McCally and Captain Edward Jackson, Commissioners, appointed to settle with Greenbrier County the expenses of running the dividing line between Harrison and Greenbrier at five shillings per day.

Note :—The settlement of this account led to several meetings between representatives of the two Counties before it was satisfactorily arranged.


Hezekiah Davisson was awarded the contract to build the Court House for ninety pounds.  George Jackson was accepted as his security for 180.


Note :—The pound in use was the Virginia pound, which amounted in the money of the present day to $3.331/3, which made the contract price for building the Court House amount to $300.00.


April 19, 1786.

John Prunty and John Wilson appointed Commissioners to call on the court of Monongalia County, to immediately comply with the act for dividing the County of Monongalia as respects the refunding the money for their public buildings and make their report with all possible speed.
Note :—The act creating Harrison from Monongalia County provided that the money Harrison had paid towards building the Court House and other public buildings in Mxmongalia should be refunded to Harrison. This led to a law suit and long vexatious legal proceedings before a settlement was reached.

May 18,1786.
George Jackson has leave to keep a ferry on his own land across Elk, four pence for man and horse, and two pence for one man or one horse.

June 2, 1786.

Ralph Marion appointed overseer of the highway from Ann Davisson's Grave yard, to Robert Plummer's, and all the tithables on Simpson's Creek above Ann Davisson's Run including Thompson's settlement, keep the road in repair.

September 19, 1786.

On motion of Benj. Wilson, a Jury of twelve men were directed to be summoned to condemn a site for a mill.

March 21, 1787.
Wm, Blair came into Court and proved to their satisfaction that he is an object, as appeared by a wound received in the year 1775 under the Command of Col. Charles Lewis, in Captain Jno. Lewis' Company; and it appears to the Court that an additional allowance of 2s. 10d. be added to the present £10. allowed.

March 21, 1787.
Christopher Carpenter came into Court and proved to the satisfaction of the Court that he is entitled to a military land warrant for services performed in the late war under the command of Uriah Springer in Col. Jno. Gibson's regiment and that he never had it in his power to obtain a discharge as he was absent on furlough; and the same is ordered to be
certified.


March 22, 1787.

Hezekiah Davisson & others, commissioners for opening a wagon road from the State road to the mouth of the Little Kanawha gave bond for £4000, agreeable to a law passed October 1786.

March 29, 1787.
Richard Conkling was bound over to answer the next Grand Jury, charged with having feloniously bitten off James Taff's ear.

April 17, 1787
The sheriff was ordered to collect three shillings off of each tithable, and not to distress until the last day of the present month. This amounted to fifty cents a head.

Commissioners Report

We the Commissioners appointed by the Courts of Greenbrier and Harrison Counties to settle and adjust the expense of running the dividing line between the said Counties, do find the proportion of the County of Greenbrier to be one hundred and twenty three pounds, fourteen shillings and two pence and the proportion of the County of Harrison to be sixty six pounds and ten pence and that the said Commissioners do agree that the sum of twelve pounds eight shillings and three pence shall be paid on the first Tuesday in December next to any person appointed receiver by the Court of Harrison County at the house of Mr. William Poage and the sum of fifty one pounds one shilling and nine pence to be paid to such persons as have obtained receipts for services performed or for provisions found for the purpose of extending said line, and being liens on the County of Greenbrier and Augusta on the said first Tuesday in December and the sum of sixty pounds, four shillings & two pence to be paid also to any receiver appointed by the Court of Harrison on the first Tuesday in September 1788, at the house of the said "William Poage it being the full amount of the sum due from the County of Greenbrier which agreement we do hereby ratify and confirm this 3rd. day of April, 1787.

William. Poage,
John Wilson,
Edward Jackson.


April 18, 1787
Ordered that the County of Harrison after Randolph is taken off, be laid off into three districts to enable the Commissioners of the land tax to proceed to execute the law be as followeth: to-wit: Beginning at the mouth of Brown's Creek on the East side of the West Fork, thence up said creek to the head thereof, and along the dividing ridge between Lost Creek and Elk Creek to the Randolph County line, and thence along said line and the Greenbrier County line to the Ohio River, thence up said river to the Ohio County line, thence along the last mentioned line to the head of Ten Mile Creek, thence down along the dividing: line between said creek and the waters of the West Fork River to the head of Davisson's Run, thence down said run to its .junction with the West Fork River, thence up said river to opposite the mouth of Browns Creek, thence crossing the Vest Fork River to the beginning, shall be the first and one District.


The second district shall be on the west side and bounded by the first district and down the Ohio County line to the Monongalia County line and thence alone: said line to the "West Fork river: thence up said river to the mouth of Simpsons Creek; thence up the largest fork of said crock to the head thereof, and crossing the dividing ridge to the head of Shooks Run; thence down the said run to the County line; thence up said line to to the first district, which shall be one and the second district. And the residue of the County of Harrison below the second district shall be one and the third district and John McCalley is appointed Commissioner to serve in first district. Nicholas Carpenter in the second district and John Powers in the third district. Nicholas Carpenter  in the second district and John Powers in the third Distinct and the same is ordered accordingly.

June Term, 1787.
John Radcliff appointed overseer of the highway from the four mile tree to the six mile tree on the road that leads from Clarksburg to Angelius ford, and that the tithables from Hezekiah Davisson's place on Elk Creek and upwards including the waters of Elk do aid the surveyor in making a bridle road.

Note: It appears that at the June Court 1787 appraisers were appointed for the estate of Levi Douglass and that at the September Court of the same year Mrs. Ann Burrowes was appointed guardian for Thomas Cottrill orphan of Andrew Cottrill, deceased.


This indicates that both of these men died in that year, which is a matter of interest as they were both among the original pioneer settlers of Harrison County, as is related elsewhere, and had borne the hardships of frontier life for sixteen years.

August 23, 1787.
George Jackson qualified in open Court as Lieutenant Colonel of Militia.

September 18, 1787
Daniel Davisson was authorized to keep an ordinary in Clarksburg
.

Note. This means a tavern license and his house stood on the North West corner of Second and Main Streets.

November 19, 1787
On motion made the Court is of opinion that the corner pillars whereon the Court House is to be built agreeable to the plan of the Court House as formerly laid off, are not sufficient.
Therefore the Court is of opinion that the pillars under each corner shall reach from each corner 5 feet each way, and the thickness thereof two feet.
The said Court and Thos. Barkley who undertook to build said Court House, agree each, to appoint a man who are to agree upon the sum said Barkley shall be paid for said pillars above the sum the said pillars would have come to, admitting they had been built agreeable to the former plan.

November 20, 1787
Nicholas Carpenter qualified as sheriff.

December 18, 1787
James Anderson late sheriff in his settlement is charged with £130. 19s.

January 27,1788
A female prisoner who is charged with having feloniously taken goods from Joseph Wilkinson to the amount of £1. 0s. Od. sterling.
The Court on hearing the testimony is of opinion that the defendant is guilty of the fact wherewith she was charged and that she be immediately tied to the public whipping post and there to receive ten lashes on her bare back, well laid on, & the same is ordered accordingly.

February 16, 1788
William Haymond qualified as commissioner of the road from the State Road to or near the mouth of the Little Kanawha.

March 20, 1788
James Anderson is granted license to retail goods in this County as the law directs.   

April 23,1788
John Denham minister gave bond for £500 to celebrate the rites of matrimony.

April 23, 1788
George Jackson, Benjamin Wilson, Nicholas Carpenter and John Powers took the oath as trustees for the Randolph Academy.

April Term, 1788
Benjamin Robinson qualified as Captain of Militia and J. Bartlett and John Thomas as Ensigns.

April 23, 1788.
The Sheriff was ordered to collect £255. 3s. 6d. off of 346 tithables.

August 18, 1788.
'William McCleery and Francis Taliaferro Brooke qualified as attorneys
.
August 19, 1788.
Ordered that the militia now in actual service in this County be not exempted from County levy.
William McCleery is by Court accepted as State's attorney for this County for one year for this Court, inclusive, and is allowed seventeen pounds for the same
.
September 16, 1788.
The prisoner having confessed to having stolen an ax, a hat, & a pair of stockings.
Ordered that the Sheriff immediately tie the prisoner to the public whipping post and give him thirty nine lashes well laid on & deliver him to David Hughes, Constable, who shall convey him to Isaac Anderson, said Anderson to convey him to the next constable who is to convey him instantly out of the county, or the said Anderson to convey him out of the county himself.

November 19, 1788.

William Robinson qualified as Sheriff.

May 18, 1789.

Ordered that Isaac Williams, Cornelius Miller, James Neal and Christopher Carpenter do view a way for a bridle road opposite the mouth of the Muskingum to the State road near Bull Creek.

July 20, 1789.
Ordered that Christopher Carpenter be surveyor of the highway from opposite the mouth of Muskingum River to the State road near to the 10 mile tree on said State road, and that the tithables below the mouth of Middle Island Creek down the Ohio to the County line, including the tithables 10 miles South of said Ohio River, aid in opening and keeping the road in repair.

October 17, 1789.
Ordered that Win. Haymond and Benj. Wilson, do view the Court House of this County, if agreeable to the plan delivered to Thomas Bart-lett, the undertaker, and to make a settlement of the additions and deductions wherein said Bartlett has differed in the plan, and the various alterations to be valued in money and report the same to next Court.

November Court, 1789.

Win. Haymond and Benj. Wilson the Commissioners appointed to view the Court House were authorized to call in a third party provided
they would disagree.

December 22, 1789
Wm. Haymond, Benj. Wilson & David Hughes who were appointed by the Court to value the building of the Court House, report that the sum of £18 Is. Od. be reduced out of the sum of £184 10s. Od. which makes the sum to be allowed to Thos. Bartlett, the undertaker, for building the Court House to £166 9s. Od. And the Court is of the opinion that the Court House shall be received from Thomas Bartlett which is done accordingly and the bond canceled.

Note: The name Bartlett was often spelled "Barkley" in the early records. This was also the case with other names of the early settlers. The Clerks and other officials were very careless in this respect and spelled the same name in different ways. This led to confusion and in one instance to a vexatious law suit.


November 5, 1789

John Powers presented a commission from Governor Randolph as sheriff but reported that he was not able to procure security, thereupon Thomas Cheney, George Jackson and John McCally were recommended to the Governor for the appointment.

November Term, 1789

Viewers were appointed to make a way for a wagon road from the ford of Elk Creek in Clarksburg, down the East side of the said creek into the road that leads to William Barkley's, down the West Fork river and report to next Court.

June Court, 1790

Thomas Cheney presented a commission as sheriff but made oath that he could not procure security, whereupon the Court recommended John McCalley, Benjamin Robinson and William Haymond as proper persons to fill the office of Sheriff.

September Court, 1790

Joseph Chevuront, a minister of the Methodist Church qualified to administer the rites of matrimony.

November 15, 1790
Maxwell Armstrong qualified as Attorney, and appointed Commonwealths Deputy Attorney.

January 17, 1791
John McCalley qualified as Sheriff.

September 20, 1790.
Ordered that Michael Thomas, Jeremiah Sergeant, James Neal and Moses Hewitt or any three of them, they being first sworn, do view and mark a way for a road from the State road, by Neals station on the Little "Kenaway" and from there to the Harrison and "Kenaway" County lines and report the conveniences and inconveniences to Court.

Note: This offer was entered in response to the following petition: "To The worshipful Court of Harrison County:"

The petition of the inhabitants of Neal's Station on the Little *'Kenaway" humbly showeth, that your petitioners as well as the settlers on the West of the Ohio, and travellers from "Caintucky" labor under great difficulty for want of a road from said station into the State road, as also Southward to the " Kenaway" County line, as many of the travel­lers from "Caintucky" leave their canoes at Belveal and come across by land to Clarksburg, and are often bewildered in the woods or obliged to hire a pilot to bring them through.
Your petitioners therefore humbly pray your worships to grant them an order for laying off and opening a road into the above mentioned State road that leads to Clarksburg, and your petitioners as in duty bound shall pray &c.

James Neal,
Jeremiah Sergeant,
Michael Thomas,
John Hewitt,
Moses Hewitt,
Wm. Tippett,
Daniel Powell,
John Wright,
Josiah Littel
Henry May.

January Term, 1792.
Thomas Cooly, Presbyterian Minister, qualified to celebrate the rites of matrimony.
John Sleeth qualified as Sheriff.

March Term, 1793.
William Lowther recommended to the Governor for a Commission as Lieutenant Colonel, Commandant, and William Robinson Major.

April Term, 1793.

Monongalia County is asked to open a road from Wickwire's ferry on the Valley River in this County to Ramsey's ferry on Cheat River.

July Term, 1794.
Benjamin Robinson qualified as Sheriff.

October Term, 1794.
Viewers appointed at the instance of Joshua Gibson and William Barkley to view the land of David Carpenter on the West Side of the West Fork River to erect a dam at the falls below the mouth of Elk.

August Term, 1794.
The Sheriff ordered to collect three shillings six pence off of each of the 686 tithables in the County.

October Term, 1794.
John Patterson, Minister of the Seventh Day Baptist Church author­ized to celebrate the rites of matrimony.

August Term, 1793.

The tithables reported as 607 and the levy to be 2s. 6d.

September Court, 1793.

Ordered that John Raymond and John McCally, Delegates be au­thorized to sell all the Wolf head certificates belonging to this County for not less than 13S. 6D. in the pound.

October Court, 1793.
Upon application of Joshua Gibson and William Barkley a Jury is directed to meet at the falls of the West Fork, below the mouth of Elk, and view the land on the West Side of the River, the property of David Carpenter for their abutments of their dam.

Note: This is the location where afterwards was established the Point Grist Mill and saw mill which served the public for many years.


March 20, 1794.

In order to encourage the erecting of a bridge across Elk Creek the Court agrees that they will aid a subscription now in the hands of Wm. Martin, provided they like the terms on which the bridge is to be built, the manner it is done &c. and if approved by the Court they will make up the balance by a County levy.

Note: The proposed bridge referred to above is the Main Street bridge over Elk Creek in Clarksburg, and was the first one built in the County.

A great deal of the time of the Court was taken up in appointing viewers and superintendents of roads and the number of roads increased rapidly as the County became settled.
Many of the localities named in connection with roads are not recognizable as they are now in other Counties.

July 21, 1794.

Benjamin Robinson gave bond and qualified as sheriff.

August Court, 1794.
The number of tithables reported as 686, each assessed with 3S. 6D. Randolph County was allowed 10 due for the public buildings of H risen County.

Note: The inhabitants of Randolph had been taxed to assist in building the Court House and Jail of Harrison before Randolph was created and when the new County was taken from Harrison her proportion of this levy was refunded as above.

 October Court, 1794.
Ordered that the claims for Wolf certificates due from the public to this County amounting to £168 3s. 4d. together with a claim of £27 10s. Od. be placed in the hands of George Jackson and John Haymond, Delegates to be sold for not less than ten shillings on the pound, and to account on their return from the assembly.
Jackson and Haymond afterwards reported that these certificates were sold for £161 8s. 5d.

May Term, 1795.

Commissioners appointed to contract for bridge over Elk Creek in Clarksburg to be sixteen feet wide with hand rails.

August Term, 1795.

The County was laid off into two land assessment districts as follows:
That all the land on the East side of the ridge that divides the waters of the Monongahela River from the waters that run West to the Ohio River be one district, and the lands West of said dividing ridge to the West Bank of the Ohio River be the other District.

March Term, 1796.

Henry Smith authorized to keep an Ordinary at the month of the Little Kanawha.

May Court, 1795.
George Jackson, Wm. Robinson and William Haymond authorized to contract with some one to build a bridge over Elk Creek in Clarksburg on the Main Street to be 16 feet wide.

August Court, 1795.

John Prunty presented a commission from the Governor as Sheriff, gave bond for $30,000 and took the oath of office.

Note: About this time the change of the monetary system begins from Pounds, shilling and pence to Dollars and cents, though it is not made permanent for some time.   Occasionally both systems are used.


February Court, 1796.    
Ordered that the sum of 1 6 be assessed against each tithable in this County, numbering 802, which will amount to £60 3s. Od.

May Court, 1796.   Special Session.
Isaac Bockover stands charged for feloniously assaulting &c. John Stanley.

The prisoner plead guilty. A majority of the Court were of the opinion that he should be tried by the District Court. Wm, Robinson, a member of the Court dissented and requested his dissent to be put on record, and in the meantime the prisoner escaped.


The Sheriff was ordered to raise "Hue and Cry" and command assistance to take him, and offer a reward of fifty dollars for his capture.


Note: This incident shows how primitive the times were. When a prisoner reached the tall timber he was pretty safe from capture, but in these days of telephone, telegraph, steam and trolley cars an escape is hardly possible.


The following letter explains itself, the writer being a member of the last Congress of Washington's last term as President.

Philadelphia, 27th. May, 1796.

Gentlemen :


Permit me to take the liberty to enclose for the use of the citizens of Harrison County to you a copy of the land law for the sale of the lands N. West of the River Ohio. I have got 2 copys printed for each County in our District, and I have sent to each Court and one to the Sheriff. The Military land bill is now before the Senate that I expect to bring copy home with me &c. when I return.


We talk to rise on Wednesday next. The House of Representatives sent up one resolution to the Senate for to adjourn on Wednesday last, this they disagreed to, but say they will consent to the day above. As I hope to see you all shortly I shall omit any further details, only say that the Senate & us is all but at war about the South Western Territory, we wish them to be an independent State & the Senate will not agree &c. Accept of my respects and believe me,


                    Your Most Obedient Servant,

Geo. Jackson.

The Worshipful Court of Harrison County.


June Court, 1796.

Ordered that the prison bounds be as follows: To wit: Beginning at Elk Creek one pole above George Jackson's Mill dam, thence to the tan yard Run where it runs through the fence; thence up said run and the meanders thereof, to the West side of the cross street, that runs above William Martin or David Hewes house; thence along the said street or alley to a little hollow in said Hewe's lot, thence down the spring run to Elk Creek, thence up the said creek to the place of beginning.

Note: The law at this time authorized imprisonment for debt, but if the debtor could give a prison bound bond instead of being confined in jail, he was permitted the liberty of a certain boundary, and in case that boundary included his house he was permitted to stay at home but could not go beyond the prison bounds.

The above bounds were about as follows:
Beginning near the Mill and running up the little stream that puts into Elk Creek just below it to the line of Third Street; thence along this street to near Traders Alley; thence Easterly down the little run to the Creek, thence up it to the beginning.
This at that time included all the town lying on the West side of the creek.

June Term, 1796.
Commissioners George Jackson, Benj. Wilson and William Haymond reported the specifications and plan for a new jail.
Dimensions 35x20 feet to be built of stone and the walls 2 1/2 feet thick.
The length or front of building to be on the line of Main Street.
The Westerly end to be on the line of the cross street. The jail was located on the South East corner of Second and Pike Streets where the Presbyterian Church now stands, and across Main street from the Court House.

June Court, 1796.

The Sheriff was ordered to expose for sale the building of the stone jail. July Court 1796.
The Sheriff was ordered to collect one dollar per head from 880 tithables. This is the first time the levy was laid in dollars instead of the Virginia pound.

September 19, 1796.

John Prunty, Sheriff of this County, came into Court, and for contempt offered to the Court, ordered that the said John Prunty be confined in the stocks for the space of five minutes, and or'd that John McCullough call upon assistance to enable him to execute this order.

The contempt offered to the Court by said Prunty was ordering a witness, and shoving him that was sworn out from the Clerk's table, saying,

"No witness should be sworn without he was summoned, as it was cutting him out of his fees" and for his damming the Court, and the attorney who was there supporting his client's claim, and the whole bunch, The Court
& attorney was D----d fools and a set of d----d scoundrels.

The Court ordered the witness to give in his evidence, he the said Prunty said he should not in a very abrupt and angry manner, repeatedly damned the Court for fools.


The Judge of the Court reprimanded him, in return he replied, "he was commanding officer of this place" and he still continued his abuse, abusing the Court generally and the members individually with the words rascals, d-----d fools and d-----d rascals &c.


Ordered that John Prunty be again put into the stocks and there to continue until the Court rises this day for his repeated and further aggravated abuse & contempt to the Court.


Ordered that John McCullough execute this order.

September 20, 1796.
Ordered that John Prunty the present Sheriff for his repeated contempt and abuse to the Court is ordered to find immediate security for his good behavior to be bound with him in the sum of $500 Dollars, whereupon he refused.

Ordered that said Prunty be put in jail which was executed by Allison Clark, constable.

John Prunty, sheriff, who was sworn into office in September 1795, and his year having thus expired, was called upon by Court to produce his commission from the Governor, in consequence of his being nominated at last June Court, and having no commission but insulted the Court, which has been done by him for sometime past, the Court is of opinion that public justice cannot be administered should said Prunty be commissioned, therefore Thomas Reed, Thomas Webb & Watson Clark is by Court recommended to his Excellency the Governor as proper persons to fill the office of Sheriff for said County.   Ordered to be certified.

Ordered that John Prunty be fined for seven oaths sworn in the hearing and presence of the Court 83 cents each oath, also fifteen oaths in the presence and hearing of William Robinson, a Justice of the Peace at 83 cents each oath.


Ordered that said Prunty pay down in Court the sum of 17D & 26 cents, or give security for the payment of the same in six months, and John Black came into Court and entered into security for said John Prunty.


Note: The scene that occurred at the September Court 1796 must from the description given in the above orders have been an exceedingly lively one, and was typical of the time in which it occurred.


What stirred the ire of Sheriff Prunty was his objection to a witness being called to the stand by the Clerk without having a subpoena issued, so that he could serve it and thus secure his legal fee for service.


The Court was composed of men not to be trifled with, and it can be imagined what an uproar there was in the Court room with the interested spectators, the Court disorganized, the Sheriff on the war path loudly expressing his supreme contempt for the presiding justices, and after having been put into the stocks for five minutes and being released again became unruly and was again placed in the stocks to remain there until the Court adjourned that day.


It was a regular rough and tumble affair, a field day and not at all a dignified proceeding to occur in a Court of Justice but to the outsiders it must have been amusing.   Thus ended the first day.

The next day when Court convened the row was resumed by the Court directing the Sheriff to give security for his good behavior, and upon his refusal to do so lie was unceremoniously dragged off to jail. Upon reflection he cooled off, was released and gave bond as required.

The Court took immediate steps to prevent Prunty's re-appointment as sheriff, and recommended other parties for the position but as will be seen without effect, as at the following January Term he presented his commission and was sworn into office. What influence was used to bring this about does not appear, but anyway the old man triumphed over the Court and came out victorious.


Neither did this episode in anyway affect the future public career of Sheriff John Prunty, as he was always a man of affairs and represented the County for many years in the Legislature at Richmond.


He died full of years and honors and with the highest respect of all who knew him.


March Court 1797.
Ordered that William Martin's mark which is a swallow fork in the left ear and a hole in the right ear be recorded.

Note : Cattle were turned out on the range as it was called, or rather in the woods in the Spring/and driven home in the fall, and it was necessary for stock owners to have well defined marks so as to distinguish their cattle.


The woods at this time furnished abundance of forage and animals camp out in the fall in good condition.


It was the practice in certain seasons to cut down young soft wood trees for cattle to browse upon ,and they became so accustomed to this, that when the cows would see a man with an ax they would fall in behind and follow him.


April 18, 1797.
George  Towers, a minister of the Gospel of the Presbyterian order authorized to celebrate the rites of matrimony.

October Term, 1797.    .
Jacob Cozad, a minister of the Baptist church authorized to celebrate the rites of  matrimony.

On August 22,1898, the County Court appointed viewers to mark a way for a bridle road from Isaac Williams to the mouth of Middle Island and from the mouth of Bull Creek, the upper side thereof to intersect the State road leading from Clarksburg to said Williams, and report the conveniences and inconveniences to Court.  

Note : This order shows the large territory included in the County. The house of Isaac Williams stood on the east bank of the Ohio River opposite Marietta, where Williamstown now is which was named after him.

November 24, 1802.
Dick, a negro man, the property of Colonel George Jackson, charged with feloniously stealing and carrying away certain property.
Pleads not guilty, found guilty and the prisoner was sentenced to be hung "by the neck until he is dead on Saturday, January 22, 1803."
The Court fixes the value of the said negro slave at $300.

Note: At this time the County Court had the authority to administer the death penalty to slaves but not to free people.

This sentence was never executed, the prisoner either being pardoned by the Governor or allowed to escape.

May 4, 1803.
Ordered that the prison bounds be extended to include the in and out lots of the town, and also to extend along the road to the Baptist meeting house and to include all the ground that lies between the two roads round said meeting house.

Note: This order shows that a Baptist meeting house was standing at that date near where the Methodist Church South now stands on South Chestnut Street.

The grave yard was deeded to the Hopewell Baptist Church Congregation by Daniel Davisson June 21, 1790, and the church building stood on the original grave yard lot. This was probably the first church built in Clarksburg.

October 18, 1803.   
County levy fixed at fifty cents off of each tithable. John Hall qualified as Sheriff.

May Term, 1791.
The Naturalization of Charles Stratton, William Ennis and James Malone took place during this Court under the Act of Congress passed in 1790. The order states that they considered themselves aliens, but does not give their nationality. They were probably new arrivals from England.

September 19, 1791.
George Jackson granted a certificate that he has been a resident of this Commonwealth, and County from the year 1770, and deemed himself
a good citizen.
 
June 18, 1792.
Colo. Duval late Lieutenant of this County has declined any further militia command in this County, the Court recommended to the Governor that William Lowther was a proper person to fill said office.
Note: The County Lieutenant was a most important Military position during the Indian troubles. He was the representative of the Governor, had charge of the public arms, equipment's and ammunition, had power to call out the Militia, and to exercise all the duties of a commanding officer
.

August 22, 1792.
The number of tithables reported to the Court was 564, and the County levy was fixed at 2s. 6d
.

October Court, 1792.
Charles Stratton agreed to glaze the four lower windows of the Court

House with glass and to make four shutters for said windows to be hung on iron hinges the shutters to be made of seasoned boards and to be of one leaf, for which he is to be paid £3 13s, Od.

September 17, 1792.
William Lowther produced a commission as County Lieutenant and qualified as such.

January Term, 1793.
David Hughes was granted a license to keep an ordinary in Clarksburg.

Note: This tavern stood on the North East corner of Main and Third Streets, which is now and for a long time has been owned by the Lowndes family.

This Hostelry known as Hughes Tavern was famous for many years, and was known and favorably spoken of by travelers far and wide. It had a well stocked bar, large stables, and a well kept table, and has been the favorite stopping place for many distinguished lawyers, congressmen and other public men. The buildings consist of a large two story brick on the corner, with a long one story stone building running along Third Street, with a frame building on the East of the brick.

August 21, 1793.

It being represented to this Court that on the island below the mouth of the Little Kanawha there is about 20 families settled, which island is in the bounds of this County, and that the public good requires to have some Gentleman in the commission of the peace in that place, as there is no Justice of this County living within five miles.
Ordered that Elijah Barnes be recommended to his Excellency the Governor as a proper person to fill the office of Justice of the Peace for said County.

Note: The Island referred to in the above order is situated in the Ohio River a short distance below Parkersburg and is now known as "Blennerhasset's Island," and was within the boundaries of Harrison County.


In the year 1797 Harman Blennerhasset an Irish gentleman of education and wealth, purchased three hundred acres of the upper end of this island for $4500. and with his beautiful and accomplished wife, who was Miss Agnew, the daughter of the Governor of the Isle of Alan, made it their home.


Upon a gentle eminence he built a spacious mansion two stories high, with porticoes forty feet in length stretching out like wings from either side. The interior contained spacious halls, enameled walls, gilded moldings, rich draperies, costly furniture, large mirrors, musical instruments, a library and scientific apparatus. Nearly all Europe contributed articles for the adornment of this island home. From Holland came brick and tiles, from Venice works of art, from Paris oriental carpets and hangings, from London furniture of English Oak.


The grounds were beautifully graded and planted in shrubbery, rare plants and beautiful flowers rendering it an earthly paradise.


Blennerhasset claimed that the establishment of his home was at an expense of $40,000, which was an enormous sum for that day.


But the serpent was to enter this earthly Eden, and blast the hopes and ambitions of its occupants, and it came in the person of Aaron Burr, ex-vice President of the United States, who had in a duel on the banks of the Hudson killed the gifted and loved Alexander Hamilton.


For this act Burr was shunned by his political associates, denounced and spurned as an outcast by a majority of the American people and, seeing that his public career was doomed, resolved on making the attempt of separating the Western States from the Union and in uniting them with the Spanish Territory in the South and establishing an Empire of which he was to be Emperor.


In pursuance of this scheme he visited the Western Country in 1805 landed at the island and succeeded in enlisting the unsuspecting Blennerhasset in his visionary and gilded dream of establishing a vast and mighty empire in which Blennerhasset was to bear a prominent part.


Burr after enlisting a few adventurers to his cause and establishing rendezvous at various points along the Ohio and Mississippi again in 1806 came West and with his daughter Theodosia landed once again upon the Island.


After a few days Burr floated on down the river to be followed in a short time by Blennerhasset with a fleet of boats loaded with men and supplies.


In December 1806 Mrs. Blennerhasset accompanied by her family, left the island in a boat with the expectation of joining her husband at the mouth of the Cumberland River.


In the meantime the President, Thomas Jefferson, issued a proclamation warning all citizens not to take part in this filibustering enterprise.


Burr was finally arrested by the United States authorities, taken to Richmond, Virginia and tried for treason before John Marshall the Chief Justice. The trial began on May 22, 1807 and lasted five months and is one of the most celebrated cases ever tried in this country. Burr was acquitted for lack of evidence. Blennerhasset was arrested, taken to Richmond but never brought to trial. The Island was occupied by Militia called out to arrest Blennerhasset and the house and premises were looted, robbed and destroyed by a squad of drunken revelers elated by a little brief authority.


Many were the disappointments and vicissitudes that followed Blennerhasset and his charming wife after the destruction of their beautiful home, he dying on the Isle of Gurnsey in 1831 in poverty and distress, and his devoted wife after many unsuccessful attempts to induce the Government to allow her indemnity for the wanton destruction of her property, died in a New York garret in 1842 in the depths of misery, almost alone and neglected, and was laid in Mother Earth by the hands of charity, three thousand miles of the stormy Atlantic separating her from the one to whom she had unselfishly devoted her life.


Such, briefly stated, is the sad tragedy in human life that occurred on what was once the soil of Harrison County showing as it does blasted hopes, disappointed ambitions, and the frailty of all earthly things.

A century has elapsed since the Blennerhasset's' departure from their Island Home and not a vestige of their occupation is left save the well from which they procured water. The hand of time has leveled all with the surface of Mother Earth.


October 18, 1803.

A road is established from the bridge at Joseph Davisson's to the Brushy Fork near the Widow Douglass'.

October Term, 1803.

Sixty Dollars appropriated to build a Clerk's Office. About this time something was wrong with the Court House as Daniel Davisson was allowed $12.50 and Charles Thomas $3.00 for the use of rooms to hold Court in.

May Term, 1804.

John Hall recommended for Sheriff.

October Term, 1805.

John Haymond qualified as Sheriff.

December Term, 1805.

Colonel George Jackson proposed to the Court to set up a stove in the Court House for one year and to have the privilege of buying it for cost and carriage at the end of that time or pay an annual rent for it.

Note: This indicates that there had not been any fire in the Court House up to this time as the contract does not call for a chimney.


January Term, 1806.

Five dollars was allowed to keep the Court House clean and furnish fire wood for one year.

May Term, 1806.
The Attorneys, Clerk and Sheriff were permitted to make such improvements to their seats and tables as they may severally think proper at their own expense
.

June Term, 1806.   
Contract let to build bridge over Elk Creek in Clarksburg to Benjamin Coplin at the price of $1850.

 August Term, 1806.
John Haymond qualified as Sheriff.
Pounds, shilling and pence were used in making an allowance at this time.
Road established from mouth of Murphy's Creek to the top of Simpson Creek Hill.

Bridge ordered to be built over Simpson's Creek where a bridge now stands.

June Term, 1807.
Henry Camden a Minister of the Methodist Church was authorized to celebrate the rites of matrimony.
The County was laid off into constable Districts.
A road authorized to be opened from Clarksburg to the Mason County line intersecting the road leading to Point Pleasant agreeably to an act of assembly December 22, 1806.

October Term, 1807.
Isabella a negro woman slave, the property of Benjamin Wilson, Jr., was found guilty of grand larceny, and was sentenced to be burned in the hand and that the sheriff give her 39 lashes on her bare back at the public whipping post. James Pindall counsel for prisoner.

February Term, 1808.
Stephen Dicks asks for proceedings to condemn a mill site on Elk Creek at the Hugill ford.

April Term, 1808.
Henry Coffman authorized to build a mill on Robinson's Run.

July Term, 1808.
Rachel a negro woman slave, the property of Jacob Means was brought before the Court charged with Burglary and Grand larceny.
John G. Jackson assigned as Attorney for the Prisoner.

The Court considered that the prisoner was not guilty of burglary but guilty of grand larceny, and being asked what she had to gainsay the judgment of the law, she prayed the benefit of clergy, and it was granted accordingly, and the sentence of the Court was that the prisoner be burnt in the hand and receive 39 lashes on her bare back, and the sheriff was directed to execute the judgment of the Court, which was done accordingly.


Note : The plea of benefit of clergy was an exemption from punishment, even for heinous crimes, allowed by civil governments, to persons in holy orders, out of an exaggerated reverence for the professed ministers of God.


Originally no one was admitted to this privilege, unless he was actually a priest in orders, but in a period of universal ignorance the ability to read was a mark of such learning, as to entitle anyone who possessed this power to exemption from punishment, for less than capital crimes. On the establishment of the Penitentiary in America in 1796 this plea was abolished as to free persons.


In Virginia it was considered that as to slaves confinement in the Penitentiary was not suitable, and as to them the benefit of clergy was retained until abolished in 1848.


July Term, 1808
Order entered establishing a road from Clarksburg to Williamsport on the Ohio River, opposite Marietta.

October Term, 1808
Benjamin Coplin qualified as Sheriff.

July Term, 1809
John Hutton asks for writ to establish a mill on Gnatty Creek.
Ordered that James Pindall be fined 83 cents for profane swearing in the presence of the Court.

Note: Pindall was an attorney and afterwards a member of the Legislature and of Congress. He was a man of great natural ability, a profound lawyer and celebrated as a brilliant orator. He was not a prohibitionist and this failing was detrimental to his public career.


September Term, 1809
Proceedings taken to erect a water grist mill on Elk Creek at the mouth of Murphy's Run by John G. Jackson.
William Martin qualified as Sheriff.

December Term, 1810
The Court was in doubt as to the legality of removing the Court House on to the lands of John Wilson suggested that it would require an act of the Legislature to do so, which was finally procured.
Jonathan Jackson qualified as an attorney.
Note: This was the father of the great soldier Thomas Jonathan Jackson known as Stonewall.

December Term, 1811
 Joseph Johnson was appointed constable.

Note: This was the first public position held by Mr. Johnson, who afterwards was a Captain in the war of 1812, member of the Legislature of Virginia and of Congress and Governor of Virginia.

June Term, 1811
An appropriation of $150, allowed to build a bridge over Simpson's Creek a quarter of a mile or more above Johnson's Mill.

August Term, 1811

Samuel Boggess makes application to build a grist mill on Ten Mile Creek on his own land.
Benjamin Coplin makes similar application to be on his own land on Ten Mile Creek.

December Term, 1812

John Sommerville and Amon B. Rice granted license to keep an ordinary in Clarksburg.

April Term, 1813.
Road established from Major William Haymond's residence down Zack's Run to Brown's Creek.

February Term, 1812.
Joseph Morris, a Baptist Minister qualified to celebrate the rites of matrimony.
John O. Jackson qualified as a Brigadier General 20th. Brigade of Militia.

March Term, 1812.
Joseph Johnson recommended to the Governor for appointment as a Captain of a rifle Company 2nd. Battalion 119th. Regiment of Militia.

May Term, 1812.
Contract approved for one dozen Windsor Chairs, two of which to be armed chairs for the use of the Court.

June Term, 1812.
James McCarty Captain, Jonathan Jackson 1st. Lieutenant, John Wilkinson Second Lieutenant and David E. Jackson Cornet were recommended to the Governor for appointment in a troop of Cavalry.
"It appearing to the Court that a Company of cavalry have associated themselves together under the foregoing persons as their officers to tender their services to the President of the United States under the Act of Congress

Note : The above order indicates preparation for the war with Great Britain then going on, and this Cavalry Company had volunteered to take part in it, but was not accepted, as no record of any Cavalry Company going from West of the mountains can be found.


September Term, 1812.

Joseph Morgan permitted to build a mill on Buffalo Creek.

June Term, 1813
John L. Sehon, William Williams, Jacob Stealey and David Hewes appointed commissioners to sell the old Court House.
Ordered that the title to J4 acres of land reverts to Daniel Davisson, the Court House having been removed therefrom.

October Term, 1813

Clement Shinn authorized to build a mill on Shinn's Run.

January Term, 1814

Benjamin Webb declined to accept Sheriffaity.

September Term, 1814.
Viewers appointed to lay out a road from the Cherry Trees opposite Wm. Robinson's house in Clarksburg to intersect the road that comes up and crosses Elk Creek opposite the Academy through lands of John L. Sehon, Josias Adams and Benj. Wilson, Jr.

December 9, 1814.
An act of the Legislature passed permitting John O. Jackson to build a dam five feet high across the West Fork River at his Salt Works about three miles above Clarksburg.

March 21, 1793.
Upon petition of part of the inhabitants on the banks of the Ohio, the Court taking it into consideration, well knowing their exposed situation and no officer heretofore commissioned residing in that part of the County, and it being near seventy miles from the other inhabited parts of the County, the Court humbly recommends Hugh Phelps for Captain, Michael Thomas, Lieut. & Bird Lockard, Ensign. The Court requests, if it is consistent with the pleasure of the Executive, that they may be commissioned. It has appeared to us that there are about forty militia in that part of the County, and convenient to be commanded. Ordered that the same be certified.

August 20, 1793

Whereas the exposed situation of the lower end of Harrison County has induced the Court to recommend to Governor Lee, to commission the persons here recommended, Capt. John Owen, Lieut. John. Thomas & Ensign Nathan Tucker.

At a County Court held on the 28th November 1805, Abel Clemmens was arraigned charged with having on the night of the 10th. day of November, been guilty of murdering Barbary, his wife, Elijah, Hester, Rachel, Mary, Elizabeth, Benjamin, Parthena and Amos Clemmens, his children.


He plead not guilty and the Court directed that he be sent to Morgantown for trial in the District Court.


He was tried, found guilty and hanged in 1806 to a locust tree, which stood near the Decker's Creek, Middle Bridge close to Morgantown.


Clemmens cabin stood at the East end of Clarksburg between Pike Street and the Philippi road near the old Jackson grave yard. After committing the deed he fled to the woods, and for several days was hid in a cliff of rocks north of town, west of and near the present B. & O. station, which are still known as Clemmens rocks, but being driven desperate by hunger and his own tortured feelings he came in and surrendered himself to the authorities.


Clemmens in his confession stated that he was driven to this horrible act from fear that his children would starve, and by a power that called to him to do it that he could not resist. He was probably insane but "brain storms" and the insanity dodge cut no figure in the Courts of that day, and justice was meted out in strict compliance with the law.


April Term, 1815.
Proceedings held for John G. Jackson's building a dam five feet high across the West Fork River to furnish power for drilling a well and operating salt works.

Note: Jackson's Salt works were on the West Side of the river above the mouth of Davisson's run in what is now Clark District.


June Term, 1816.
Jacob Stealey, John Webster and Thomas P. Moore appointed Commissioners to build jail in rear of the new Court House and $1000. appropriated for that purpose.
One hundred and twenty four dollars appropriated as a further sum for building two clerk's offices adjoining the Court House building- When the second Court House was built no provision was made for Clerk's Offices. They were built afterwards being one story brick buildings on the East and West sides of the main building and opened out into the Court House yard.

One Thousand Dollars appropriated to build bridge over Elk Creek at its mouth. Commissioners Isaac Coplin, Stephen Dicks and William Gillis.


June Term, 1816.
John G. Jackson authorized to construct a toll bridge over the West Pork River at the mouth of Elk Creek. The Legislature requested to approve.
One hundred and sixty dollars appropriated in addition to what has heretofore been granted to build a poor house.

July Term, 1816.
Road established from the East end of the Main Street Bridge in Clarksburg to where the road to the mouth of Limestone crosses Elk Creek.

October Term.
William Davis authorized to make a re-survey of the town of New Salem.

December Term, 1816.
Price of old wolf scalps, Eight Dollars. Price of young wolf scalps, Four Dollars.

January Term, 1817.

Old Jail ordered to be sold.

February Term, 1817.

Waldo P. Goff appointed Deputy Sheriff on motion of Daniel Davis-son, Sheriff.

April Term, 1817.
The election of the following Board of Trustees for Clarksburg certified to the Court by Lemuel E. Davisson, Town Clerk.
James Pindal,
Daniel Morris,
John G. Jackson,
B. Wilson, Jr.,
John Webster,
James McCalley,
Josias Adams,
Thomas P. Moore
George I. Davisson.


July Term, 1817.

David, a negro slave tried and sentenced to be hanged on the 29th. day of August for the murder of Isaac, a slave.

Note: This sentence was not executed.


September Term, 1817
Daniel Davisson appointed Sheriff for the ensuing year.

April Term, 1818
John Taylor, Valentine Clapper, Matthew Hite, and Aaron Lochard proved to the satisfaction of the Court that they served in the Revolutionary war against the common enemy and their declaration is directed to be certified to the Secretary of War.


Note: The soldiers of the Revolution were required to prove their service and be identified before the County Courts in order to secure pensions.


June Term, 1818
The names of Shinnston and Bridgeport first appeared on the County records at this Court.

October Term, 1818
Road order refers to Gillis' Coal Bank on Murphy's Run.


Note: Tradition says that this was the first coal bank opened to supply Clarksburg. It was situated about a mile and a half East of Clarksburg, and it was some time before coal was discovered elsewhere.


September Term, 1818.
Elias Stillwell appointed Sheriff for ensuing year.

October Term, 1818.
Commissioners report establishing a road from Clarksburg to Sistersville.
Road established from Jacob Eibs' house (near the Fair Ground) to the furnace dam (Point Mills).
Note: Jacob Eib was in charge of the ferry over the West Fork River at the foot of Ferry Street

December Term, 1819.
The Thespian Society is permitted to occupy the Jury Room in the Court House.
Elias Stillwell qualified as Sheriff this year.

January Term, 1820.
David B. Denham applied to construct a grist mill on Bingamon Creek a half mile below the mouth of Cunningham's run.

June Term, 1820.
William A. Harrison qualified as attorney.

November Term, 1820.

It is certified upon proof, that Nicholas Carpenter was killed by Indians on October 4, 1791.

July Term, 1821.

Samuel Washington was the presiding Justice of the Court at this term. He was a relative of George Washington and lived for a time near Grasscelli.
He presented the sword of General Washington and a cane of Benja­min Franklin to George W. Summers to be by him given to Congress.

September Term, 1821.

Peter Johnson qualified as Sheriff.

November Term, 1821.

Permission granted for a room in the Court House to be used by a Masonic Lodge. A protest was filed against the order by a number of citizens.
James P. Bartlett licensed to keep an ordinary.