Henderson County KyArchives History - Books .....Chapter XI First Criminal Court 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, 4:39 pm Book Title: History Of Henderson County, KY CHAPTER XI FIRST CRIMINAL COURT-THE FIRST JAIL-THE HARPES-PROFANE SWEARING-WATER MILLS-SUMMARY TREATMENT OF LOAFERS-ELECTIONS. ON Tuesday, the second day of July, 1799, the first Court of Criminal Common law and chancery jurisdiction, held its sitting in the village of Henderson, the presiding Justices being General Samuel Hopkins, Abraham Landers and Hugh Knox, Esqs. Thus, for the first time, Law with its imposing ceremony asserted its power and authority in this then the extreme western county along the Ohio River. William B. Blackburn and Robert Coleman, Esqs., bearing with them commissions as attorneys-at-law in the Courts of the Commonwealth, took the oaths of office and were admitted to practice in the Henderson court. The court then proceeded to appoint a Commonwealths Attorney for this county. The vote was taken by ballot and William B. Blackburn receiving a majority vote, was declared elected. A grand jury was then empanneled, consisting of the following names: Andrew Burke, (foreman), Edmond Hopkins, William Lawrence, William Gates, Thomas Housely, David Johnston, John Lawrence, Thomas Smith, John Slover, John McCombs, Isham Sellers, Ezra Owens,, Jacob Upp, Warner Buck, William Wells, Sherwood Hicks and Rowlin Hues. These gentlemen being sworn, a grand jury of inquest, for the body of the county, received their charge and retired to consider of their presentments. Where they retired to is not known-more likely than otherwise underneath the shade of some dense foliage tree, for there were no buildings at that time, the court room itself, being a miserable log hut, with only two openings, a small door, and a very large dirt chimney. However, the jury having spent sometime in deliberating, returned into court the following report of their labors. "First.-The grand jury of the body of Henderson County upon their oaths, present Isaac Dunn, a minor, living in this county, for profane swearing the thirtieth day of June, on his return from sermon, Jacob Upp, living in this Town and Warner Buck, living-in this Town, both of the grand jury in formers." Five indictments were returned against men and women for living in adultery, but this must not be taken as an evidence of the wickedness of the times, but attributed rather to ignorance, and a want of legal arrangements, authorizing marriage. These people were living in the wild woods and were perhaps as poor as settlers were ever known. A distance of one hundred miles, attended by great difficulties and dangers, had to be traveled in order to procure a legal warrant or license. Horses were few, and many other almost unsurmountable barriers interposed to force them to violate the law, therefore there is some apology at least to be made for the course of these ignorant poor people. Jacob Robertson was presented for being a vagrant, and then the first grand jury adjourned. FIRST JAIL. Every indictment was found upon the evidence of the grand jurors, no other witnesses appearing before the jury. The following order was then passed. "Ordered, that the block house near John Husbands be considered the jail for the county, and that the Sheriff cause a door and lock to be fixed to the house, and charge the same to the county. Whereupon the Sheriff, Andrew Rowan, accepted to the sufficiency of the said jail." The block house mentioned in this order was located on the river front near the site of the railroad bridge. It was uninhabited at the time, was a small concern built of rough logs, and not near so comfortable or strong as an ordinary nowaday stock stable. TRIAL OF THE HARPE WOMEN. Big Harpe, one of the brutal murderers of Mrs. Moses Stegall, her little son and William Love, having been pursued and killed, and the three wives of Big and Little Harpe captured, the three women were brought to Henderson and placed in the county jail. On the fourth day of September, 1799 following, a Court of Quarter Sessions was called and held for the axamination of Susanah and Sally Harpe, and Betty Roberts, wives of Big and Little Harpe, and commuted for being parties to the murder of Mrs. Stegall and others, and the burning of the house on the night of the twentieth of August, General Samuel Hopkins and Abraham Landers, presiding. The prisoners were set to the bar by the Sheriff, and being charged with the following, denied the fact; witnesses were sworn, and upon the evidence being heard, it was adjudged by the court that the women were guilty and that they ought to be tried before the Judges of the District Court at Russelville. They were remanded to jail and, guards placed over them. John Rieper, Neil Lindsay, Isham Sellers and Mathew Christian were recognized to appear before the district court at its next session. Andrew Rowan, High Sheriff, and Amos Kuykendall, John Standley, Green Massey and Gibson Hardin, guards, were ordered to proceed with the Harpe women to Russellville, which they did. The wives of Big and Little Harpe were the first prisoners incarcerated in the first prison house of the county. OLD-TIME HARD CASES. At the October court a grand jury was empanneled, and after deliberating, returned two indictments, one against Amos Kuykendall and Matthew Christian, quite noted characters at that time, and positively notorious afterwards. These two men were indicted for "profane swearing, and for stripping and ill-treating the company at David Johnston's house-raising," The second indictment was against Amos Kuykendall and William Hunford, for riding through the roads of the town naked. These men were terrible fellows when under the influence of liquor, and no more daring or unsightly scene had ever been witnessed. They were mounted upon spirited horses, unsaddled and at railroad speed dashed up, and down, out and in each of the public roads of the town. Their imitation of Indian habits, was more than the good people could bear, and as a preventive of future parades, the strong arm of the law was called in to punish this, their first experiment. At the March term, 1800, Ambrose Barbour was appointed temporary clerk of the court, and executed bonds in the sum of one thousand pounds. PROFANE LANGUAGE. Early in this year Rev. James McGready, a very distinguished divine, in what was called the Green River country, held his great revival of religion. The outlaws had been driven out of the county, honest men ventured to speak, primitive society settled down to the realities of busy life and religious excitement ran high. Everybody became enthusiastic, for it was not to be denied that the untiring labors of Mr. McGready, and those who assisted him, had been the means of restoring the country to law and order, and regulating rude ways to a proper observance of moral and true business principles. That looseness, which had hitherto governed men and women in their character and actions, had given way to the more refined and virtuous teachings of the preachers, and although men profained themselves, they did not justify profanity in others. A grand juror, who half an hour before had secretly taken the name of the Lord in vain, was willing to sign his name to an indictment against his less fortunate neighbor who had done the same thing, but in public. There seemed to be a religious determination to put a stop to profane swearing, and no matter who sinned, if detected, he was sure to be made a victim of the law. At this court, General Samuel Hopkins, Eneas McCallister and Andrew Rowan, the first Chief Justice of the court, under whose authority the grand jury was empanneled, the second Chief Magistrate of the County Court and the third High Sheriff of the county, were each indicted for profane swearing, and like old patriots, confessed the fact and paid their fines without a murmur. The annual report of taxes received by John David Haussman, former Clerk of the Court of Quarter Sessions and County Court, pursuant to an act of the Assembly, approved the twenty-eighth of February, 1797, entitled, "An act to amend and reduce into one, the several acts establishing a permanent revenue," was presented, and will give an idea of the littleness of court business in early times: "To tax on 5 original writs 25c. each. $1 25 " " " 4 deeds of land 25c. " 1 00 " " " 2 county seals 25c. " 50 ___________ $2 75 Commissions, 5 per cent 13.7 1/2 ___________ $2 61.2 1/2 John Husbands was directed to let the building of a stray-pen on the Public Square, for the benefit of the county, to be two poles square of posts and rails, with a sufficient gate, fastened with a good padlock. This pen ornamented the square up to the year 1822, when Joel Lambert, (who, by the by, married Miss Polly Husbands, the accomplished daughter of John Husbands), was awarded the contract for removing it, and rebuilding a new one at a cost of seventy-four dollars and seventy-five cents. WATER MILLS. From 1800 to 1813 numerous applications were made to the County Court for the right to dam the several creeks of the county, and erect mills on the sites selected. Between the bridge on the Owensboro Road and the mouth of Big Canoe Creek, opposite the Lower Island, there were built five mills, all to be operated by water-power, furnished by dams built across the stream. There were several on Sheffer's Creek, one or more on Strong Water, and half-dozen or more on Highland Creek. There were certain seasons for running these mills-mainly in the fall and spring months. In dry weather they were useless. Of all these mills, not over three or four of them made much pretentions to grinding. Notably among the number, were the Brookin Taylor Mill, at the crossing on the Madisonvllle Road, and the James Lyne Mill, at the crossing on the Morganfield Road. In order to assist the County Court in the erection of public buildings, General Samuel Hopkins, agent of Richard Henderson & Co., directed George Holloway to survey and set apart to the county, for public purposes, two acres, to be taken off of the public square. This survey was made, and includes the place where the Court House now stands. At the July term of Court, 1810, the High Sheriff, Andrew Rowan, indulged too freely of a mild, spiritual intoxicant, called "bounce," and spoke a profane line or two, contrary to the peace and dignity of the Commonwealth, for which he was "bounced" upon by the grand jury and made to pay a good round sum. The indictment accused him of being drunk, and nevertheless it was about time to celebrate the Fourth of July, which fact failed to serve as a vindication or exemption. The County Court appointed Abner Kuykendall, William Gates and Humphrey Barnett, commissioners, to view a road from the Town of Henderson to the main fork of Highland Creek. This road crossed Canoe Creek about one hundred yards above the old ford on the trace to Diamond Island. Unruly boys were not tolerated in those days. Isaac Dunn, son of Captain John Dunn, of whom mention has heretofore been made, become a pest to his mother, who was then a widow, and likewise an eyesore to the community. He had been apprenticed, but did nothing more than annoy his master. The court took official notice of his behavior, and John Husbands one of the Magistrates, wrote a note to Mrs. Dunn, informing her that the court would not tolerate him longer, but would proceed to enforce obedience. What the court did is not known. Loafing men and boys received but little encouragement or countenance from the court. They were apprenticed or proceeded against as vagrants. The second felony case brought to the attention of the Court of Quarter Sessions was that of George Adams, for stabbing John Husbands, Jr., a son of the Magistrate, and brother of Mrs. Joel Lambert. Ambrose Barbour, who had been appointed temporary Clerk of the Court of Quarter Sessions and County Court, produced in open court a certificate, signed by two Judges of the Court of Appeals, certifying to his qualifications to do the duties required in the office, and was thereupon appointed Clerk of both Courts, to hold his office during good behavior. ELECTIONS. Under the old constitution elections were not conducted as they now are. A copy of the law, approved December 21, 1799, will suffice to explain: Be it enacted, etc., That the Sheriff of each county within this Commonwealth, shall, at least one month previous to the first Monday in May, 1800, and at least one month previous to the first Monday in August, in the year 1801, and also previous to the first Monday in August, in every year forever thereafter, notify the inhabitants of his county, by advertisement setup at the door of the Court House thereof, of the time and place of holding the election then next ensuing, and what offices are to be filled by such election. The Sheriff, or other presiding officers, shall, on the day of every election, open the poll by ten o'clock in the morning, and continue the same open until at least one hour before sunset each day, for three days successively, if necessary, or if any one of the candidates for any of the offices to be filled by such election, shall request it, the Justices of the County Court shall, at their court next preceding the first Monday in May, and at their court next preceding the first Monday in August, 1801, and also at their court next preceding the first Monday in August in every year forever thereafter, appoint two of their own number as judges of the election next ensuing, and also a proper person to act as clerk, who shall continue in office one year. In case the County Court shall fail to make said appointments, or the persons, or any of them fail to attend, the Sheriff shall immediately preceding any election appoint proper persons to act in their stead. Any person, who shall vote more than once at any election, shall, upon conviction, forfeit and pay for every such vote, ten dollars, to be recoverable with costs, before any justice of the Peace, one-half to the use of the county, and the other half to the person suing for the same." Under this act, a voter was allowed to cast his vote in any precinct of the county, but not to vote more than once, under penalty. The Sheriff, or one of his deputies, was required to be in Frankfort on the seventeenth day succeeding the day of the commencement of any general election, to assist the Sheriffs of other counties in comparing the polls taken at the election for Governor and Lieutenant Governor. It was further enacted, "That this State shall be diveded into two districts- that is to say, all the counties lying on the south side of the Kentucky River shall compose one district, and all the counties on the north side of the said river shall compose another district. The persons qualfied to vote by law for members to Congress, to the House of Representatives, shall assemble at their respective Court Houses on the first Monday in August, in the year 1801, and on the same day every two years thereafter, and then and there vote for some proper and discreet person, being an inhabitant of this State,* who shall have attained the age of twenty-five years, and have been seven years a citizen of the United States, as a member of the House of Representatives of the United States for the term of two years. Immediately after the poll is closed, the Sheriff, Judges and Clerk shall proceed to examine the vote, and after truly ascertaining the same, shall proceed to make return, which shall be delivered to the Sheriff holding such election, which return shall be taken by the Sheriffs in the Southern Districts to the Court House of the County of Mercer, and there compare and certify the election. For this service the Sheriffs shall receive for their trouble and expense, the sum of one dollar per day ferriage, and three cents per mile for traveling to and returning from the county in which they are required to meet. And be it further enacted, That for the purpose of choosing four electors in behalf of this St ate, to vote for a President and Vice President, the several counties in this Commonwealth shall be allotted into four districts in the following manner, to-wit: The counties of Lincoln, Mercer, Garrard, Madison, Pulaski, Logan, Warren, Barren, Christian, Livingston, HENDERSON, Muhllenburg and Ohio shall compose the Second District. That the persons qualified by law to vote for members to the General Assembly in each county composing a district, shall assemble in their Court Houses on the second Tuesday in November, in the year 1800, and on the same day in every fourth year succeeding, and vote for some discreet and proper person, being an actual resident in such district, for one year preceding, as an elector for such district, to vote for President of the United States," Under an act for apportioning the representation among the several counties, and for laying off the State into Senatorial Districts, approved December 19, 1799, the counties of Livingston and HENDERSON were made one representative district, and entitled to one member. The counties of Livingston, HENDERSON, Muhlenburg and Ohio, made one senatorial district, and entitled to one member. John Caldwell, of Muhlenburg, was elected first Senator, and General Samuel Hopkins, of Henderson, first Representative. Henderson and Livingston Counties continued as one district until, by an act approved December 27, 1803, Henderson was made one district, and given the right to elect one Representative. PRECINCTS. From the first election held in 1800, to the last election held in 1804, there was but one voting place established in the county-that one at the Court House, in the Town of Henderson. On the sixth day of December, 1804, the following act was approved: And be it further enacted. That the County of Henderson shall be divided into two election precincts, by a line beginning at the month of Deer Creek, on Green River, thence up the said creek to the mouth of Black's and Newman's sugar camp branch, thence up the same to the head thereof, thence such a course as will strike the Crab Orchard fork of Tradewater at the nearest port, thence down said fork to a large lick, about two miles above the mouth of Caney Fork, thence a southwest line to Tradewater." Two years thereafter, to-wit: on the sixth day of December, 1806, an act creating the County of Hopkins, was approved and included in its bounds the greater part of the second election precinct. Prior to that time, however, it will be observed with what difficulties settlers had to contend, in order to exercise the right to elective franchise. For that reason the elections were held three days. Under the old constitution magistrates and sheriffs were appointed by the Governor. Jailors, coroners, constables, collectors, inspectors, processioners, surveyors and other minor officers were appointed by the County Court. 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. 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