Marlboro County ScArchives History - Books .....Chapter XXIV The Old Court House 1897 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/sc/scfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com January 10, 2007, 5:26 am Book Title: A History Of Marlboro County CHAPTER XXIV. THE OLD COURT HOUSE. On the 25th of March, 1785, an Act was passed by the General Assembly of South Carolina creating several judicial districts out of the territory of Old Cheraw, including Chesterfield, Liberty (now Marion) and Marlboro. Claudius Pegues, Geo. Hicks, Morgan Brown, Tristram Thomas, Claudius Pegues, Jr., Moses Pearson and Thomas Evans, by the same Act, were appointed to select a site and superintend the erection of a courthouse and jail. The spot chosen was on the north bank of Crooked Creek, about six miles west from Bennettsville, near what has been known as Evans' Mill.* The deed from Gen. Tristram Thomas, conveying the ground to the commissioners above named, is upon record in the Clerk's office. The house erected was a two-story wooden building, convenient in its arrangement, and ample in size for that day. Scarcely any signs of that "old court-house," and the few buildings that arose around it, can now be seen. But the influence of the men to whom the administration of justice was entrusted and upon whom the formation of society and public opinion devolved, lives on, and is felt to-day in all this surrounding country. For the first fourteen years of our judicial history, law was administered by County Courts; and the commissioners to build the court-house were the judges in the first of these courts, and a number of them are represented in some of our most respectable families. Old Judge Moses Pearson's great-grandson, Hon. C. P. Townsend, the senior member of the Bennettsville bar, with credit to himself presided in the courts of the State for several years. *Mr. Aaron Sweat, who is quite an old man, and who is of the same family as the Revolutionary patriot mentioned in a previous chapter, says that Mr. Jesse Pearce, on one occasion, showed him a site that was first selected for the court-house. It was to have been quite near to the Gardner's Bluff road and not far from the present cross-roads leading from Bennettsville to Gardner's Bluff and from Evans' Mill to Cheraw. But the site was finally chosen lower down the river and nearer to Evans' Mill. The first Circuit Court held in Marlboro was in the year 1800, Judge Wm. Johnson presiding. This distinguished jurist was elevated to the Supreme Bench of the United States by President Jefferson in 1804. After him such men as Grimke, Waties, Bay, Brevard, Nott, Colcock, and Trezevant held court at the "old court-house." The commission and order of Gov. Drayton requiring the holding of the Court are recorded in one of the old journals in the Clerk's office, presumably because he, Johnson, was sworn in and held his first Court at Marlboro "old court-house." Here, too, such men as Falconer, Witherspoon, Wilds, the Ervins, Robbins, and J. J. Evans "practiced law." And since Evans has been mentioned, who was afterwards made a Circuit Judge and frequently presided in our courts, it is well to name some of the men who have sat upon the bench and are remembered by the writer. J. J. Evans, that grand old Roman, must be mentioned first. His people sent him to the Legislature in 1812 before he was twenty-six years old. Before they could vote for him again he removed to Darlington, and in 1816 was elected to the Legislature from that District. In 1829 he was made a circuit Judge, and in 1850 elected to the United States Senate Marlboro never lost her interest in him, never forgot that he was her own son. And when in 1858 he calmly folded his honors about him and fell asleep, such political opponents as Wilson, of Massachusetts, and Hale, of New Hampshire, vied with each other in weaving garlands for his tomb. Marlboro felt the bereavement not less than Darlington, his adopted home. The humorous, witty Richard Gantt is remembered, who used to pour forth such eloquence and pathos in passing sentence upon criminals as to move the most hardened. Then for thirty-two years the frail form of John S. Richardson was seen upon the bench. When he was seventy a proposition was made in the Legislature to remove him from office "on account of his bodily and mental infirmities," but when he was permitted to speak for himself he utterly demolished the opposition and "all further proceedings were discharged." Daniel Elliott Huger, full six feet high, manly, erect and "firm as granite," the people were always glad for him to preside. Baylis J. Earle, the able, pure, "just judge," was several times on the bench here. Judge O'Neal, who could stand nowhere but in the front rank in statesmanship, agriculture, education, religion not less than as a jurist, he stood among the leaders. Andrew Pickens Butler is remembered on account of his florid face, his snowy locks, his peculiar dancing eyes, his martial bearing, his uncontrollable love of fun, which would sometimes convulse the court-room. In 1846 he was elected to the United States Senate, and for two years honored the position, and died lamented by the whole country. After these came such men as Glover, Withers, Whitner, and Munro. It is a bright array and they have left shining footprints upon the path now trodden by their successors. After Equity Courts began to be held in Marlboro the bench was graced by the learned William Harper, David Johnson, afterwards Governor of the State; Job Johnson. the dignified, truthful Francis Wardlaw Dunkin, G. W. Dargan, James J. Caldwell, the clear-headed John A. Inglis, Chancellor Carroll and our own W. D. Johnson. The members of the bar who have illustrated and expounded the principles of law in the courts of Marlboro make an array of talent of which any people might be proud. Reference can only be made to such as have been known and heard. And of these one must be mentioned who was distinguished more in the councils of the nation than at the bar, Col. John Campbell, who succeeded his hardly less notable brother, Gen. Robert B., in the United States Congress in 1836, and where he continued in service to the end of his life in 1844. Polished, amiable, modest and yet fearless, he was one of the most fascinating speakers Marlboro has ever reared. In our boyhood we knew James R. Ervin, of whom it was said "few men were more talented than he." With the settlement of Bennettsville three gifted young men arose as lights in the profession, James E. David, the friend of the people; Col. C. W. Dudley, the astute and successful lawyer, both of whom represented the county in both houses of the General Assembly; and Gen. John McQueen, for a dozen years a member of Congress; and then later on by a few years, three other sons scarcely less brilliant-Chas. A. Thornwell, Samuel J. Townsend and Harris Covington, all of whom were in the Legislature for longer or shorter periods. And then the promising brothers, Daniel White, and Neill D. Johnson, and P. B. McLaurin, all of whom laid down their lives for the "lost cause." Besides all these our courts have been visited by gentlemen from neighboring counties, who have shed light and knowledge upon questions of law and justice; while Withers and Hanna, and the McIvers, father and son, were a terror to evil doers in the office of Circuit Solicitor. W. W. Sellers and J. M. Johnson, of Marion, and G. W. Dargan, of Darlington, have each as solicitor, visited our court from time to time; and Marlboro has been honored in having D. D. McColl and H. H. Newton in the Solicitorship. It may not be inappropriate to mention the names of members of the Bennettsville bar who are yet alive and shedding luster on their profession, W. D. Johnson, for a number of years prior to the war, sat on the bench as Judge in Chancery; and was also Senator. He was admitted to practice law in 1846, and, though approaching eighty years of age, is still in the active practice of his profession. He removed to Marion a few years after the war, but we have never given up our claim on him. He owns extensive and valuable plantations in the county, and annually makes a visit to his old home. His partner in law, at Marion, J. M. Johnson, lived for some years in the county of Marlboro, first as a successful school teacher, and then as an attorney at law, so that the Bennettsville bar can justly claim them both. Ten years after W. D. Johnson, C. P. Townsend was admitted to the bar. Both before and since the war he has represented the County in the Legislature. For a number of years he filled the office of Commissioner in Equity for the County and after the war was elevated to the bench and filled the place with honor to himself and to the entire satisfaction of the bar and people. As a lawyer in criminal cases or civil suits he stands well to the front. His former partner, John L. McLaurin, the son of P. B. McLaurin, mentioned above, seems to have been born for luck. In a very few years after his admission to the bar he was elected to the State Legislature, and the Attorney-General having been elevated to a seat on the Supreme Bench, he was appointed Attorney-General; soon thereafter the Congressman for this District, Gen. E. T. Stackhouse, having died, McLaurin succeeded him, and has been in Congress ever since. He resigned his seat in Congress to accept the appointment' of United States Senator to succeed Senator Earle. He is a fine stump speaker, a shrewd politician, and very popular with the people. H. H. Newton served one or more terms as Solicitor for the Fourth Judicial Circuit. Was a member of the Legislature, and was instrumental in having passed the stock law, for which he was at first roundly abused, but abuse has long since been turned into thanks, and now the people appreciate the fact that he did them a service. D. D. McColl has been a successful lawyer. He was Solicitor for one or more terms, and criminals were justly afraid of him. He has retired from the active practice of law and devotes his time to the interests of the Bank of Marlboro, of which he is the President. T. E. Dudley was admitted to law in 1858 and has always been considered a conscientious, painstaking lawyer, careful and exact in his work, and has held a fair share of practice at the Bennettsville bar. He represented the county in the late Constitutional Convention. J. H. Hudson, a native of Chester, came to Bennettsville in 1853, fresh from the South Carolina College, to take charge of the Male Academy. He taught four years, studied law and was admitted to practice in 1857, and in 1858 was elected to the Legislature. He entered the Confederate service as a private and rose to the rank of Lieutenant-colonel of the Twenty-Sixth Regiment South Carolina Volunteers. He was Circuit Judge of the Fourth Judicial Circuit for four terms, from 14th February, 1878, to 14th February, 1894, and has resumed practice in the courts again. Knox Livingston, a native of Florida, came to Bennettsville in May, 1870, and in that year he and H. H. Newton were admitted to the bar, formed a co-partnership with J. H. Hudson and soon came to the front as successful lawyers. Each has represented the County in the Legislature with marked ability. Other younger men are fast coming to the front as successful practitioners, such as Bouchier, Caston, Rogers (who represented the county in the Constitutional Convention of 1895), H. H. Covington and T. M. Hamer. Additional Comments: Extracted from: A HISTORY OF MARLBORO COUNTY, WITH TRADITIONS AND SKETCHES OF NUMEROUS FAMILIES. REV. J. A. W. THOMAS, AUTHOR. A wonderful stream is the river Time As it runs through the realms of tears With a faultless rhythm and a musical rhyme, And a broader sweep and a surge sublime As it blends with the ocean of years. —TENNYSON. ATLANTA, GA.: THE FOOTE & DAVIES COMPANY, Printers and Binders. 1897. 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