Henderson County KyArchives History - Books .....Chapter X County Court Proceedings 1887 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ky/kyfiles.html ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com December 23, 2007, 4:20 pm Book Title: History Of Henderson County, KY CHAPTER X COUNTY COURT PROCEEDINGS 1779-TAVERN RATES FIXED, ETC.- SOMETHING OF THE EARLIEST SETTLERS-FIRST STORES, SCHOOLS, ETC.-THE COURTS. HAVING given a history of the main thoroughfares, Court Houses, jails and offices of the county from their beginning in 1799, to the present time, I return to the second meeting of the County Court held in August of that year. Having disposed of all road and public building matters brought before them, the court proceeded to entertain such motions of minor interest as any citizen or any member of the court may have thought for the general good, or legally required to come before it. FIRST TAVERN RATES. A motion was made to establish rates for the government of all taverns of the county. The following is a copy of the order: TAVERN RATES AUGUST, 1779. The court fixes the tavern rates in this county as follows: Breakfast and Supper, each 1s Dinner 1s 6d Lodging 6d Corn per gallon, or Oats 9d Hay or fodder, per night and stableage 1s 6d Pastureage 4d 1/2 s Whiskey per gallon 32s Drink, per half-pint 2d Brandy per gallon 18s Beer and Cider, per quart 1s PROCEEDINGS OF THE FIRST COURT. Isaac Dunn, a poor orphan, and represented to be a bad boy, was apprenticed to John Sutton to learn a trade. This young man enjoyed the honor of having been the first person apprenticed in the county. The first appeal from a Magistrate's Court was that of Andrew Burk, vs. Wiley Thornton, made to this term of the court. The first indenture of sale, Samuel Hopkins to John Husbands, was acknowledged in this court. The first record evidence of slaves was made at this court. At the September court, Robert Hamilton produced a license from examiners appointed by law to practice as an attorney in the Courts of the Commonwealth. Mr. Hamilton was the first lawyer licensed to practice in the county. FIRST EMANCIPATION. A certificate of emancipation of a negro woman and a negro man, named respectively, Patience and Scipio, belonging to Joseph Mayes, of Henrico County, Virginia, was filed and ordered to be recorded. The county being without a record book, and also a seal, the following order was made: "Ordered, that the clerk furnish this county with the necessary record book, likewise procure a seal, with a devise of a man standing with a sickle in his hand, with words 'Henderson County,' for the circumspection of the court, and a chest to hold the record books and papers belonging to the county." At the November term of the County Court there were present: Charles Davis, John Husbands and Jacob Newman, gentlemen Justices. John D. Haussman, Clerk of the Court of Quarter Sessions for the County, made oath to, and filed an account amounting to two dollars and seventy-five cents, of taxes alienations and county sales from the commencement of his office, June, 1799, to the first day of October last, which was ordered to be certified to the Auditor. This being the first Court of Claims the court proceeded to lay the county levy and stated the accounts against the county as follows: THE COUNTY. For building the jail $339.00 To the Clerk for his office and services as per account 13.89 To the same for three record books and freight on same from the Falls of the Ohio 30.75 The same for the County seal 8.00 To the Sheriff 30.00 To the same for his services in the County Court 26.00 Sheriff commissions for collecting $499.50, at 6 per cent 30.00 The County $476.64 By 333 tithables at $1.50 each, levied for the use of the County $499.86 Ball $23.22 "Ordered, that the Sheriff of this county collect from each tithable person in this county, one dollar and fifty cents, and therewith discharge the above allowances and account with the court for the balance." From the foregoing it will be seen that the tax-paying population of the county in November, 1799, was only three hundred and thirty-three, and that the tax levied was one dollar and fifty cents per head. For some time the tax duplicates increased slowly, and the delinquent list was distressingly large. As has been said before, the records of the county from the beginning of the year 1800 to 1816, are lost, so for the time during that break, I have filled the gap as best could be, from such assistance as was to be obtained from old papers and scraps of evidence found bundled away in the County Clerk's office. VIENGMAND COURTEIS, THE TRADER. In 1792, Viengmand Courteis built him a small log hut on the river bank and traded in hides and skins of all kinds. What he did with them, or where he found a market, we shall never know. He bought mostly bear and otter skins. What he exchanged for these skins we do not know. In those days French traders occasionally passed down the river and to these perhaps he exchanged his merchandize for money or other articles of value. In 1796 he was joined by Conrad Figis. At this time Captain Dunn was the only recognized officer of the law known in all of this territory, and owing to the increase of settlers the following order was sent him by the Senior Justice: "CHRISTIAN COUNTY, STATE OF KENTUCKY. "To Mr. John Dunn: "SIR-You will raise three men to act under you as a patrol in said county at the Red Banks, to do your duty agreeably to law. September 20, 1796. "Signed, MOSES SHELBY." DUNN'S STORE. Captain Dunn was a man of great importance at that time, from the fact of his official position, and also that he was the proprietor of the only store in the Red Banks. His house was located on the corner of Fourth and Main Streets, where the old foundry now stands, and from record evidences it is to be adjudged that he did pretty much all the business at that time. The following is a copy of one of his accounts: "Jesse Simmonds, Dr. to John Dunn: " l lb. powder 7-6 £0 7. 6. 2 bear skins, loaned in exchange 0. 12. 0. 1 quart cherry bounce, 4-6 0. 4. 6. £1. 4. 0. "SIB-Please to pay the above bill to Robert Simpson, and this shall be your receipt." "Attest: EBENEZER SIMPSON. JOHN DUNN. "June 24, 1794." FIRST SCHOOL. The first school, of which anything is known, was taught somewhere in the neighborhood of Diamond Island, and whether this Diamond Island was either of the islands near Henderson, or Diamond Island sixteen miles below, no one can speak with any degree of certainty. Captain Dunn was a patron of this school, as the following will show: "Captain John Dunn; " SIR-Please pay Mr. Russell Hewitt, or order, ten shillings, your quarterly subscription to my school, at the Diamond Island, and this shall be your sufficient receipt. Signed, HENRY PATMERS "October 26,1794. Test: JOHN DEVRITT," In the year 1795 the following curious bill of sale passed title in a horse: " Know All Men by these Presents: "That I, Robert Simpson, do give, grant and sell, and convey to John Dunn, one bay mare, about fourteen hands high, in consideration of twenty pounds paid to me in hand, the same creature I lent to John Patterson to hunt on. I likewise authorize John Dunn to take the same mare wherever he can find her, and at my risque. "ROBERT SIMPSON. "Attest: UEL LAMBKIN, DANIEL KERR "29, December, 1795." HUGH KNOX AS A JOKER. In this same year, Hugh Knox, who was appointed the the [sic] first Justice of the Court of Quarter Sessions, and a man of strong mind and great will-power, got himself into quite a financial trouble for those times, by indulging his ungovernable disposition for practical jokes. Mr. Knox was a man full of life and fire, and would be considered by the more settled people of this day, what is commonly denominated a "fast man." The following letter addressed to Peter Smith, near Louisville, is reproduced, more on account of its historical connection, than as a literary curiosity. At that time our grand juries met in the town of Russellville, Logan County, in what was called the District Court, and residents of the Red Banks-now Henderson-had to ride through the wild woods, a distance of one hundred miles, when summoned, to attend as parties or witnesses, in criminal or civil actions. From this letter, also, will be seen the difficulties parties had to undergo in procuring legal service. This letter was sent to Louisville by hand: COPY OF LETTER. "DEAR SIR-I have hitherto neglected informing you what happened me at Logan Cort, in consequence of our Kuyckingdall frolick. The old Jezebel was there and presented me to the grand jury, by little Hugh White, making oath that Michael Sprinkle and I were the men that don the execution upon which a Cort was Cauled in five days after, in which time I had to ride sixty miles for a lawyer; to which I had to give a fee of fifty dollars, and was acquitted with honor. With that and the other expenses of witnesses, amounts to ten dollars a man, which they have all agreed to bear an equal part of the burden, and the most of them has paid me. If you will be so good as to bear part of the burden with me, I shall be obliged to you, and shall take the amount of the ten dollars in corn or flour at Louisville, at the market price. I shall send an order by Captain John Dunn, which you will discharge at this time, as I stand in great need of bread at the salt works that I am opening. The favor shall be greatly acknowledged by your very humble servant. "MR. PETE SMITH H. KNOX "July 20. 1795." In order to get this ten dollor's worth of corn or flour, Captain Dunn went to Louisville and carried the same back to the salt works, on Highland Creek, for which he only charged the moderate sum of five dollars. FIRST GRIST MILL. The first grist mill of which anything is known, was built by Captain Dunn, in the year 1798, and was operated by him up to his death a few years afterwards. For several years this was the only mill in the settlement, and where it was located, or what character of a mill it was, the records fail to explain. In Captain Dunn's old account book, a little blank paper affair, with a thin, blue paperback, six inches long and four inches wide, is to be found seven accounts against the following persons, respectively: Richard Taylor, John Christian, Andrew Rowen, Walter Thorn, Hugh Knox, Michael Sprinkle and Peter Thorn-all for grinding and packing. His usual charge for this work was three shillings sixpence per bushel. The charge for "packing" was taking the meal in sacks on horseback from the mill to the home of the purchaser. So, from this, it will be seen that the system of "delivering goods" was adopted at the Red Banks as early as the year 1796. HANNAH DUNN. While Captain Dunn was busy with his mill and official business, Mrs. Hannah Dunn, his efficient helpmate, was occuppied [sic] in watching the store and little tavern on the corner of Fourth and Main Streets. She must have been a woman of indominable energy and great muscular strength. Oftentimes, in addition to her daily labors, she was known to do a man's work chopping cordwood, heavy lifting, and many other things nowadays men would consider too laborious, to say nothing of the women of 1887. She was as fearless as she was energetic, and during her husband's absence would go into the woods, attack bear, and most generally bring one home with her. Nor was this all, she was no more afraid of a man than she was of a bear, and many times she was known to take an overdosed, quarrelsome, wild, wild woodsman by the nap of his neck and lift him from the bar-room out of the tavern. She was boss, and never failed to impress her authority whenever occasion demanded it. QUEER RECEIPTS. At that time what is known as Henderson County, was called the "Big Barrens," from the fact that little timbers grew over the county, save along the water courses. Owing to the scarcity of salt, that necessary commodity sold at an enormously high price, ten dollars per bushel being the regular price, while in many cases as high as fifteen and twenty dollars was paid. People had a curious way of writing receipts. Here is a specimen: "Receipt from John McCallister, 8 bu salt on account of John Dunn, I say receipt by me this Jany 7,1796. ROBERT LANE." Most all receipts at that time were written in the same peculiar phraseology. Much of the country immediately around Henderson was low and marshy, and stagnant water stood in ponds and low places, consequently the whole settlement suffered from ague and fever. FIRST PHYSICIANS. At this time there were few physicians, and from what can be learned they were uneducated and really knew but little more than any other observing or experimenting settler. Dr. James Hamilton, a man of fine natural and considerable acquired intelligence, practiced, and was regarded as really the only physician of any respectability, until the coming of Dr. Adam Rankin, in 1800. EARLY MARRIAGES. For sometime prior to the organization of the county, and for many years afterwards, Eneas McCallister, father of the lamented 'Squire John E. McCallister, did the duty of parson on marital occasions. He was one of the first magistrates, and was authorized by the County Court to perform that service. In 1800 he married Captain Daniel McBride and Mary Bennett, Jacob Sprinkle and Axy McLean, Moses Stegall (whose first wife was brutally murdered by Big and Little Harpe, and he himself afterwards killed) and Sally Vane. In 1804 he married Dr. Adam Rankin and Haney Gamble. YOUTHFUL WEDLOCKS. In primitive days men and women-if they could be called men and women-inter-married at an earlier period in life than they do now. Oftentimes girls at fourteen and sixteen years of age were given in marriage to youngsters from nineteen to twenty-one, and in some instances to men of mature age. Instances were known, and are known to this day, of girls becoming mothers before arriving at the age of sweet sixteen. It is also a fact that marriages, considering the population, were far more frequent than nowadays. Computing the number of marriages in 1797 and 1800, and up even to 1810, with a corresponding regard to numbers, the list of marriages annually at this modern day, to correspond with the list in those years, would reach fully fifteen hundred, if not more, per annum. CHEAP LAND. The finest lands in the county were insignificantly cheap, so that any man of ordinary industry could secure himself a home. For instance, in 1798 John Williams, Robert Burton and Archibald Henderson, surviving executor of Richard Henderson, sold to General Samuel Hopkins and Mark Alexander, all of the land on the Ohio near the mouth of Green River, and one hundred acres adjoining the town of Henderson, amounting in the aggregate, to five thousand six hundred and fourteen acres, for the price of seventy-five cents per acre, and that on credit. One year later, General Hopkins sold to Henry Purviance, four lots of one acre each, in the town of Henderson, and lots Nos. 4 and 5, containing ten acres each, for the round sum of one hundred and ninety dollars. SLAVERY. In 1799, settlers began to import slaves to the county. At the October Court of Quarter Sessions General Samuel Hopkins reported a bill of sale for record, which conveyed the title from John Hopkins, of Mercer County, to General Hopkins, of this county, in and to seven negro slaves, two men, one woman, one boy and four small children, two sorrel horses and one black mare, for and in consideration of two hundred and forty three pounds, eleven shillings and eight pence. THE COURTS. The courts of Henderson County, as established and authorized by the Act of December 21, 1798, consisted of a County Court and Court of Quarter Sessions. The Court of Quarter Sessions was directed to sit annually on the first Tuesday in the months of March, May, July and October. The County Court the same day in every other month in which the Courts of Quarter Sessions were not directed to be held. The Court of Quarter Sessions was composed of three Justices appointed out of the Justices of the Peace for the county. This court was authorized to sit six judicial days, unless the business before them could be sooner determined. Each Justice was a conservator of the peace, and the Court was clothed with authority and power to hear and determine all cases whatsoever, at the common law, or in chancery, within their respective counties, except such criminal causes where the judgment upon conviction should be for the loss of life or murder, in which causes they had no jurisdiction, except as an examining court. In all causes of less than five pounds, current money, or one thousand pounds tobacco, this court had no jurisdiction. It did have jurisdiction of all matters respecting escheats and forfeiture, arising within the county, to award writs of ne exeat injunctions, and habeas corpus, and power to empannel grand juries. The County Court was composed of a sufficient number of Justices of the Peace, and was given by law, jurisdiction of all causes respecting wills, letters of administration, mills, roads, appointment of guardians, and the settling of their accounts; admitting of deeds and other writings to record, to superintend public inspections, grant ordinary license, to regulate and restrain ordinances and tippling houses, appoint procescessioners, to hear and determine by law the complaints of apprentices and hired servants against their masters and mistresses, or of the master or mistresses against their apprentices, or servants; to establish ferries, to provide for the poor of the county, to erect necessary public buildings and purchase land therefor, and to appoint inspectors, collectors, surveyors of roads, constables and county jailers; and cause a ducking stool to be built in such place as might be convenient for the punishment of minor offenses. The Justices of the County Court were conservators of the peace, and were given cognizance of all causes of less value than five pounds, current money, or one thousand pounds tobacco. An act of 1801, reduced the annual terms of the Court of Quarter Sessions from four to three courts, to be held on the second Monday in the months of May, August and November. By the terms of the following act, approved December 20, 1802, Circuit Courts were established throughout the State. "WHEREAS, The present judiciary system is found to be inconvenient and expensive. " Be it enacted, etc., That the present district courts shall be, and are, abolished as soon as this act shall take effect. The Circuit Courts shall be and they are hereby established that each Circuit Court shall hold three times in every year. " They shall have jurisdiction in all causes, matters and things at laws, and in chancery, within their respective districts, except in cases of less value than five pounds current money, or one thousands pounds of tobacco. "They shall have the same power, authority and jurisdiction given to the District and Quarter Session Courts, and be governed by the same rules." The Circuit Court, as established by this act, was composed of one Judge for the circuit and two assistant Judges, resident in the county. This act abolished the Court of Quarter Sessions and directed the clerk of such courts to deliver all records and papers over to the Clerk of the Circuit Court upon demand. By the term of this act the Judge to be appointed and the two assistant Judges, were made conservators of the peace. An amendatory act, passed and approved December 13, 1804, with jurisdiction over all causes which may have originated within the bounds of the circuit, was given this court. An act approved February 13, 1816, represented the act creating the office of assistant Judge alone, all the power and authority for the trial of criminal and civil cases, and authority to hold one or more additional terms for the trial of chancery causes, or for the trial of any person apprehended on a charge of felony. From the organization of the county, in the year 1799 to April, 1805, the Court of Quarter Sessions held its regular terms, being presided over during that time by General Samuel Hopkins, Abraham Landers, Hugh Knox and Dr. Adam Rankin, neither of whom was a lawyer. April 1, 1805, the first Circuit Court for the county commenced its sitting and was presided over by Henry B. Broadnax, of Lebanon, Judge, and Hugh Knox and Dr. Adam Rankin, assistant Judges. By the terms of the act of December, 1802, establishing Circuit Courts, the Counties of Muhlenburg and Henderson formed one circuit and the courts for the same were directed to be held in the Court House in the County of Muhlenburg. At the February term, 1808, of the General Assembly, to-wit: on the twenty-third day "an act further to amend the act entitled an act establishing Circuit Courts" was approved. This act divided the State into ten districts, and Henderson then became a part of the sixth district, composed of Breckenridge, Ohio Muhlenburg, Henderson and Hopkins Counties. The terms of the courts commenced in Henderson, on the first Mondays in April, July and October, and continued one week. In Hopkins, on the fourth Mondays in March, June and September, and continued one week. The Judges appointed under this act were required to make their allotments by districts, and it was made the duty of each Judge to attend the courts of the district to which he was attached. The Honorable Henry B. Broadnax, was allotted to this, the Sixth District. Additional Comments: Extracted from: HISTORY OF HENDERSON COUNTY, KENTUCKY, BY EDMUND L. STARLING, COMPRISING HISTORY OF COUNTY AND CITY, PRECINCTS, EDUCATION, CHURCHES, SECRET SOCIETIES, LEADING ENTERPRISES, SKETCHES AND RECOLLECTIONS, AND BIOGRAPHIES OF THE LIVING AND DEAD. ILLUSTRATED. HENDERSON, KY, 1887. File at: http://files.usgwarchives.net/ky/henderson/history/1887/historyo/chapterx318gms.txt This file has been created by a form at http://www.genrecords.org/kyfiles/