WHITFIELD COUNTY, GA - COURTS Inferior Court Minutes Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: SALTERR@aol.com Joyce (Woodruff) Terrana Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm INFERIOR COURT MINUTES 1852 organizing new county of Whitfield My ancestor, Hugh Burk was one of the "Justices" present, to get the brand new county of Whitfield organized, get a courthouse built and a much needed jail and more. Several Creeks or Rivers mentioned and like to know if anyone knows the correct spelling of each??? I have copied 17 pages, taken notes on that many more, typed up all of these. In some cases, I left the original spelling (my remarks within parenthesis). After abstracting Hugh Burks name and facts from these pages, I realized I had accumulated many other names in the process. Enclosed here, are just a few of the notes taken. Source: Whitfield County, Georgia "Inferior Court Minutes" (lower court) 1852-1880s, via LDS microfilm # 0339874 Not indexed, only first 54 pages numbered (out of about 200), but quite legible. Copy. Pg 4. In Chambers. State of Georgia, Whitfield Co. Whereas By an act of the Legislation of this State CREATING A NEW COUNTY OUT OF THE COUNTY OF MURRAY and for other purposes, it is made the duty of the Justices of the Inferior Court of the County of Whitfield to lay off said County into Militia Districts and advertise for Elections to be held for Justices of the Peace. It is therefore ordered that the said County of Whitfield be devided into Districts as follows namely. All that part of the 10th land district lying in the County of Whitfield and all that part of the 11th district lying on the east of Cuahulla Creek be known as a Militia district and that part of the 11th land district lying west of the said Cuahulla Creek be known as a Militia district and that all the Teritory (territory) formally known as the Tunnel Hill district except that part of the 11th land district (attached) formally to Tunnel Hill district be known as a Millitia (Militia) dst and that all of the 13th district lying in the County of Whitfield except that part of the 13th district formally attached to the Tunnel Hill district and all of the 8th land district lying in (pg 5) Whitfield County be known as a Militia district and that all of the 12th land district not embraced in this Tunnel Hill district and all of the 8th land district lying in the County of Whitfield be known as a Militia district. Signed at Chambers Feb 19, 1852. F. W. McCurdy, John Hamilton, Hughs Burk, James Robertson, Winston Gordon. A true extract from the Minutes of this 28 Feb 1852, B. C. Tyler. C. I. G. (Clerk Inferior Ct) Notes only. pg 29. Court ordered tax collector to collect 50% upon state tax to defray public expense of said county for year 1852 - and he collect further sum of 10% for support of the Judegent (Indigent?) poor of said county. Signed by 4 commissioners, Hamilton, McCurdy, Gordon and Hughs Burk. Notes only, pg 37. It appears to us that William Todd is now in custody of Sheriff by virtue of a commitment issued by R. B. McGahey Esq and others being no JAIL in this county. It is therefore ordered that Sheriff be authorized to confine said Todd in the house known as Calabouse (Calaboose?) in Dalton. July 10, 1852 Hugh Burk and 2 more. Copy pg 50. Chambers August 14, 1852. The honorable Inferior Court met, present their honors. Winston Gordon, John Hamilton, Hughs Burk and James Robertson Justices. Whitfield Co, Ga. Whitfield Inferior Court Aug 14, 1852. Where as by an act of the Legislator in general assembly met entitled (?) an act to lay out and organize a new County out of the County of Murray, approved Dec 18, 1851, said new county to be known as the County of Whitfield. It as provided that the Justices of the Inferior Court of said new county should be vested in the full power and authority, locate and select a suitable site for a COURT HOUSE. Whereas a considerable period of time has been suffered to elapse without any progress being made towards making a location in as much as a great deal of anxiety and solicitude is felt and expressed by the Citizens of said County of Whitfield in regard to the location and whereas they have hither to and still remain in suspension as to our course of action in the (on the?) processes (?) and whereas a large amount of funds have been subscribed towards the erection of the COURT HOUSE and JAIL by the citizens of Dalton and its vicinity to the sum of (blank) And whereas it is conceived that no advantage can possibly ----- (?accrue) from delay to take some action in the (pg 51) processes(?). It is therefore ordered by the Justices of the Inferior Court of the County of Whitfield that the Town of Dalton be selected as a County Site in and for said county and that the COURT HOUSE be located on the ground formerly enclosed in the Public Park directly opposite Ring Street. W. Gordon, James Robertson, Hugh Burk. Copy pg 53. Chambers August 14, 1852. Be is hereby ordered by the Court that the contemplated road leading from Dalton ps. Dr Manis Mill thence to Hughs Burks thence to Israel Nation's Mill thence TO THE STATE LINE be made and established a public road. Aug 14, 1852. W. Gordon, James Robertson, Hughs Burk. Copy, apx pages 56 and 57 - not numbered. Present their Honors Winston Gordon, Hughs Burk, James Robertson, & E. H. Edwards, Justices. The following plan was drawn up and agreed upon for the building a JAIL in Dalton viz. The JAIL to be 24 by 18 feet - rock foundation laid with a hewn timbers cross wise for the wall to start. Two wallS of hewn timbers 8 X 12 inches crried (?) up plumb 8 inches apart 9 feet high and filled up with pealed pine poles covered with the timber 8 inches thick. Outside wall carried up single 8 feet high with like timbers and covered with a partition wall of like timbers 6 feet from the outside door the large room above for a debtors room the smaller for an entry from the outside door to the trap door to enter the DUNGEON. The lower floor of the DUNGEON to be laid with 2 inch oak plank, well dried and spiked down with 5 inched spikes. Wall of the DUNGEON and overhead ceiling to be put on of the same like manner. Upper floor laid with one and half inch plank walls and overhead ceiling in like manner. Trap door to DUNGEON made of bar iron crossed and welded together confined by a trap door of 2 inch plank with a plate of sheet iron between, put together with strong rivets. With a strong catch under side both extending into a strong Iron staple with a strong iron bar fastened to the floor (end pg 56, begin pg 57) extending across the shutters falling on a staple to be secured by a double bolted pace(?) lock. Outside door secured with like manner and made as the trap door to the DUNGEON. The DUNGEON to have 2 sets of iron goates (?) in each end put in each wall as carried up of 5 ½ inches square bar iron, ¾ to one inche apart so as to break the upper wall in? more? Sets of single grates not so large nor close, the door to the debter's roomes(?) Made in like manner as the outside except the rear door to be hanging on throng hinges so as not to be p-sed up these covered with good heart shingles and wetherborded with good heart timbers a good suitable par (?pair) of steps to run on the ouside. The uper door 4 feet wide well banestered? with strong hand railing resting on a strong platform at the upper outside door 4 to 6 feet square bairistered? up. The Court will preserve the right to make any change of the plan. The following is an additional action of the Court upon the above viz The Court will reserve the right to make any change in the internal structure that it may deem necessary, the cost of such additional changes shall be determined by the Court. The Terms All good and solvent individual notes one half of said notes due, the other half due in six months. The Contractor shall give bond and good security for the (end page 57, begin pg 58) Failthful performance of the contract. The JAIL to be completed by the first of February next. The notes due will be delivered to the contractor and month after date, the other half to be delivered when the JAIL is completed and received by the Court. Winston Gordon, Hughs Burk, E. H. Edwards, James Robertson. On examination of all the propositions to build the foregoing JAIL. It is hereby ordered by the Court that Western Pierce build the same according to the terms and plan previously (previous) and eifered? to his bid being $710.00 the lowest bid offered. W. Gordon, Hughs Burk, James Robertson. Copy, apx pg 61-unnumbered. Chambers 20th Dec 1852. To Mr L. W. Earnest, Treasurer for Whitfield County Georgia, you are hereby requested to pay over to William Pearce the sum of $350 on the notes given to the Justices of the Inferior Court for building a COURT HOUSE and JAIL and take his receipt for the same. 20 Dec 1852. John Hamilton, Hugh Burk, Winston Gordon. B. C. Tyler Clerk