Greenbrier County, West Virginia - 160th Anniversary Booklet - Part 12 *********************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. *********************************************************************** Historical Booklet - Greenbrier County 160th Anniversary - 1778-1938 Published 1938 Transcribed by Lori Samples EARLY COURTS AND JUDGES OF GREENBRIER In the early days and long up in the nineteenth century, the Governor of Virginia appointed the Sheriffs of the several counties. The Sheriffs were usually selected from the membership of the County Court and the oldest man in point of service was selected to serve as Sheriff and when his term as such expired, he usually was reappointed on the Court. This practice formed a state-wide political ring and which ring dominated the politics, not only of the State but each county as well. This influence still exists especially in the counties where there has been no influx of people from other sections of the country and the main body of inhabitants are made up of descendants of the pioneers or people who lived during the period mentioned. So strong was this influence that it took more than half century to break it up by change of the constitution' and it was this struggle to overcome the influence of this ring in the Tidewater and Piedmont sections of Virginia, and later the Valley of Virginia, that lead to the formation of the State of West Virginia. This County Court looked after the affairs of the county, also it formed a trial court for certain civil matters and criminal matters, even felonies and capital crimes of all kinds. A majority of the members of the court, usually called Justices, formed a quorum to conduct court, this court had jury services and was presided over, depending on the number of the members of the court to from six to fifteen "judges." Courts of greater dignity were constituted, one corresponding to our Circuit Courts, where one judge served several counties, known as Circuit Court. There was another, presided over by a single judge, or perhaps at times more than one, whose jurisdiction extended over two or more of the above mentioned circuits. This court was not held in each county, but at some central point, and was known as the Superior Court of Law and Chancery. When Augusta County was established and included all the territory west of the Blue Ridge, this Court met at Staunton. When Bortetourt County ws formed from all the vast domain of the southern part of Augusta county, this court for years met at Old Sweet Springs, now in Monroe County. Many of the records of this court may now be found at Union; other of the records are in Staunton. When Greenbrier County was formed, this court met at Lewisburg. This last mentioned court, from the limited information the writer has of it, had original jurisdiction over certain matters, as well as appelate jurisdicition over matters originating in the Courts comprising it. Yet, from limited investigation, it would seem that this was the only Court that met in Greenbrier County for a number of years. However, as stated above, by reason of limited knowledge, this story is by no means exact. After the formation and organization of Greenbrier County, while part of Virginia, the Judges presiding over the courts of the county were John Coalter, James Allen, Allen Taylor, John J. Allen, Edward Johnston, and Robert M. Hudson. After the formation of the State of West Virginia the judges have been Nathaniel Harrision, Judge J. M. McWhorter, Judge Homer A. Holt, who served two terms, Judge A. N. Campbell, Judge J. M. McWhorter, Judge W. R. Bennett, Judge Charles S. Dice, Judge Summers H. Sharp, who served for two terms and part of the term of Judge Dice, and Judge Mark L. Jarrett, who at present is serving his first term. But little is known of the Judges who served prior to the Civil War. They ranked high in the ranks of Judges, it would seem, because at least two were elevated to the Supreme Court of Appeals of Virginia. Of the Judges who have presided since the formation of West Virginia, practically all, were and are men of high rank and eminently satisfactory. The Supreme Court of Virginia met in Lewisburg for about sixty years prior to the Civil War. The Supreme Court room and offices were located in the old Masonic Temple, still standing and now owned by the womens college. Nothing is known by the writer of the Bar of Greenbrier County prior to the Civil War and he has not searched the records to ascertain the names of these gentlemen. The Bar of Greenbrier County for years after the Civil War ranked among the highest and most eminent of the state. The following is as near accurate a list of the Bar of Greenbrier County since the Civil War to the present time as the writer has been able to gather. They were and are as follows: Hon. Ballard Smith, who was a representative in Congress for a number of terms; Hon. Samuel Price, who waasa Lieutenant Governor of Virginia, and United States Senator from West Virginia, in 1872, also was a delegate to at least two Virginia Constitutional Conventions; Capt. Robert F. Dennis, Col. J. W. Davis, Robert Alexander, Major Henry Mason Mathews, who served as attorney general and governor of west virginia; Adam Snyder, who served on the Supreme Court of Appeals of West Virginia; Col. Beuhring H. Jones. Benjamin F Harlow, Col. William W. Gordon, Alexander F. Mathews, John W. Harris, Henry Fry, Carolis F. Serry, William P. Tucker, and Alexander Walker. Later came F. I. Snyder, John A. Preston, Thomas H. Dennis, John W. Arbuckle, Henry Gilmer, James C. McPherson, Samuel Gilmer, L. J. Williams, who served on the Supreme Court of Appeals; Joel M. Harris, Charles S. Dice, Mark L. Jarrett, W. L. Kershner, Samuel M. Austin, Samuel P. Preston, Samuel Price, James M. Mason, George J. Thompson, W. S. Thompson, J. Scott McWhorter, Harry L. Van Sickler, James E. Arbuckle, J. H. Marshall, J. C. Caufield, J. H. Crosier, S. M. Wood, R. L. Keadle, Claude N. Feamster, A. H. Butts, Fred Wallace, S. N. Pace, Charles N. McWhorter, G. Gilmer Easley, Minor Wilson, R. R. Dickson, Henry Mathews, James H. White, Sheldon Haynes, Francis Davis, H. Nickell Kramer, John A. Lile, John L. Detch, Frank Tuckwiler, J. M. Holt, and M. C. Brackman. After retiring from the Bench, Judge J. M. McWhorter was also a member of the Bar. Among Greenbrier boys who went elsewhere and entered the practice of law were William Fountain Butcher and Dick Correll, to the State of Oregon; Frank Dunbar, to Ohio; James H. Price, now Governor of Virginia, to Richmond; Pickett Peyton to Utah; John Homer Holt to Huntington; John M. McGrath to Princeton; L. E. McWhorter, William Gordon Mathews and C. M. Alderson to Charleston; R. A. Watts to Fairmont; R. A. Kincaid and Thomas W. Ayers to Nicholas County; T. G. Mann to Summers County; Conrad H. Syme to Washington D. C.; J. M. Holt to Clarksburg; Homer A. Holt, now governor of West Virginia; to Fayette County, and Edgar P. Rucker to McDowell County. The following Greenbrier men have served as state officials: Henry Mason Mathews, Edgar P. Rucker and Homer A. Holt served as Attorney Generals of the State; Randolph Stalnaker served as Secretary of State; Henry Mason Mathews and Homer A. Holt served as Governors of the State; Charles P. T. Moore, born in Lewisburg in 1831, later went to Mason County to live with his uncle, Adam P. Snyder; Judge Homer A. Holt and L. J. Williams served on the Supreme Court of Appeals of the State. Howard Williams served as Commissioner of Agriculture.