The Hartford herald., 1877-05-30
FRAGMENTS OF THE EARLY HISTORY
OF OHIO COUNTY.
ny n. u. TAYLOR.
ny n. u. TAILOR
CHAPTER VII.

The first common law court ever held
in Ohio county was STYLED Court OF
Quarter Sessions" aud held on the 4th
Of February, lsOn, hy Benjamin Field,
STEPHEN Cleaycr and Joshua Crow. styled
Justices Of Quarter Session Court, OF
which Aquilla Field was appointed clerk
The first suit in this court, was Jacob
Lewellin, complainant, against Rachael
Barnett, and Joseph Barnett, son and heir
of Rob't. Barnett, deceased. defendants.
The bill is verbose and formal but the sum
mons in chsncery ia a curiosity, and We
give it a. a sample OF the legal vsrbage
of that day:
THE Commonwealth Of Kentucky !;
To Rachael Barpctt and Joseph Barnett,
(not 10 the sheriff. OF Ohio county. greet
ing:
For certain causes offered before MS in
chancery, we command you and strictly
cnjoin YOU, that laying all other matters
aside, and Notwithstanding any other ex-
cuse. you he and appear before our said
court of chanccry on the first Tuesday of
June next, to answer concerning those
things tha, shall be then ard there obs
jected to you, and TO do further. and re-
ceive what our said court shall have con-
sidered in this behalf, and this you shall
in 10 wise omit, under the penalty OF one
hundred pounds, &c, &c"
Nov this summons seems ominous
enough and broad enough, for a sum
mons to attend the final judgement day.
and the poor widow aud her ron. unless
oIherw Use Informed 10y some legal adviser,
no doubt thought that they were TO be
/ tried before this honorable court for all
the sins of omission and commission du>
ring their lives. 1t seems, however. that
these Justices, in their decisions,
when not entsgled in the meshes of tech>
nical formality, were governed by good
strong, common seuse, and a love Of jus>
lice, only three Of their decisions being
rcserve,l in the Court OF Appeals, and
they upon technicnlity alone.
This Court was superseded by Circuit
Court, for the counties of Ohio and
Breckinridge, held in Hartford on the
2Sth day of March, 1905. by Benjamin
Field and Joshua Crow. associate judges,
and Daniel Barry, as clerk tweuty-one
grand Jurors, whose names are as follows; |
Massey Thomas, (toreman) Jacob Lew
rllin, Wm. Smoihcrs, John Maddox,
wm Cooper, John Mo.eley, John Ris-
bcy, Wu Barnard, Jos White, Josiah I
Hedge. Michcai Myers, John Handley, /
David Miller. Richard Morton, VIM.
Stephens, Nathaniel SiPple, Anthony |
Thompson. John Powers, George Jack |
sou and Sepiimus Taylor, were sworn at
this term.
Out of this list of the early settlers II
have LETT numerous descendants still re- !
naming ia the country, whilst no traces !
are LETT Of the other nine, or their de- |
scendants
This grand jury only found single in
diciment, and that one was against Rob-
srt Price, for felony. who fled the coun-
try and was never tried.
Christopher Grceuup took his seat at
the June term, 1908, "a Circuit Judge,
and William Fethrrton and Horace
Beardly were admitted attorneys of the
court, hut neither the records or tra>
diiion gives any further account o? them,
and their names are unknown to fame,
at least here. il not elsewhere.
Judge Greenur, who presided in this
court until the April term, seems TO have
been an able and popular Judge. AT
the July term, 1904, Henry p. Broadnax
took his seat as Circuit Judge lie WIS
a man Of many virtues, many iollies and
pcrhap, some faults High. toned, hon>
orable and sentative, but petulent, traits
blr and imperious, and almos; unsoverna.
ble in his prciuiicrs when once excited.
lie was not well calculated TO hold the
scales, and administer justice with
steady hand, among a people in such
transition state as the people Of this coun'
tv then were. Our population was then
divided into two almost distinct classes,
composed of peaceable, orderly, good citi-
Eens, who were willing and anxious to
sustain law and order; and roSles, vii
lains and rowdies, who threw Themselves
upon their reserved rights, and claimed
the privilege of living, regardless OF law.
Judge Broadnax united readily with the
better class, but his enthusiasm over-hot
the mark, and society lost the weight of
his moral influence, which might other
wise have aided his legal authority.
Besides the class of hypocr,s and go-be-
tweens, who usually iniest society. there
was in those early days a class of honest,
honorable. but frolicking, fun-loving men,
of whom the notorious Bill Smothers
WAS a sample and leader and the Judge
was so unfortunate as TO incur their
displeasure, and 10y their tricks they iR>
CURED mis- wrath. which induced them to
jon with worse and malignant men, in
every petty annoyance that could be in>
vented. Once they had him presented by
rthe grand jury for shooting cattapillars
with an old shotgun. loaded only with
charge OF powder, on the Sabbath. Again
they had him arrested for breach of
peace, for pushing the stair-door viOlent>
ly. and upsettinS an old topper. whose
chair was leaning against the door, he
being in doze. sfler nights revel in
the bar room, which the Judge got little or
no rest during the night in his room up
stairs. Yet, with an iron will, the old
Judge bore up against all this prosecu>
ton, and before his removal to another
circuit, won the esteem of all the bet