The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1886-02-06

the first court of recored held in the
county, was a County Court, and
Col. John Evans its clerk. The
County Court has always been an
institution in Virginia. 1t has
always had persons to depreciat it.
1t has been ridiculed, laughed at,
and sometimes slandered; but it has
lived, and exists in modified form
in West. Virginia to-day. For the
trial of civil causes, being consti-
tuted with three justices of the peace,
who were unlearned in the law and
often eccentric in manners, it was
the butt of a good deal of humor
On account of its triple formation it
has been likened INTO grain of
buckwheat, and therefore called the
"Buckwheat Court" 1t has been
called the "Corncob Court" but for
what reason | know not. When
three justices, one of whom was
President, worked side by side on
the bench, one can easily see how it
was. suggested to call them "two
mules and jackass." But not
withstanding all this, by their ster-
ling qualities Of heart and head,
honesty and hard sense, the old time
justices were generally brought to
correct conclusions, so that it was
not bad court, and suited sparely
settled country.
Many amusing things are related
to have occurred in the County
Court. 1t is said that on one occas-
ion the County Court was in session
with Squire W, worthy and
prominent citizen of Morgantown,
presiding. The clerk had furnished
the court with docket made out in
the usual form. In the first and sec
ond columns of the docket were the
names of plaintiffs and defendants,
and opposite in the third column
was memorandum of the last order
entered in each cause. In a large
number of States causes the last
order was one directing second or
another summons to issue against
the several defendants, and opposite
each of these cause was the clerks
memorandum in these words alias
summo ns, which, of course, meant
that another summons was ordered.
The President of the court, with his
accustomed gravity, took his seat
and commenced exercising his legal
talents on the docket. Scanning the
column in which appeared on almost
every line alas SUNNI ons, he turned
to the clerk and said, MIR. Clerk,
who is this Elias Simmons, he seems
to have great many cases in this
courtY' The clerk explained and
members of the bar smiled.
The late Guy r. c. Allen was one
of Morgantown's most gifted lawyers.
He would wade through the intrica-
cies of the law before the County
Court in such manner as some times
to dumfound the old Justices In a
hard case perhaps it was polite to
use technical terms and words in
calculating his propositions. On one
occasion Mr.. Allen was addressing
the court, when the presiding JUS
tice, worthy citizen of the county,
whose name is not given, stopped
him thus: "Mr. Allen, if you desire
this court to understand your argu-
ment, you must not use so many
itch mitch &c ais" (technicalsl Mr..
Allen did not smile, but watching
to catch the attention of all the
members of the bar present, he plac-
ed his hand funnel-like to his ear as
if to aid his acoustic powers, and
said, what did / understand the
Court to say?" The Court then in
the hearing of all reiterated, Il OBJ
served that if you wished this Court
to understand your argument you
must not use so many itch Mich &c ais
this Court cannot understand
your itch Mich &c al Technical
terms" Mr.. Allen politely bowed
to the Court, and said, II will try
and explain in terms that can be
understood"
Hon. w. I. Wiley was perhaps
the most effective speaker at the
Morgantown bar. His great earn.
estness, combined with his eloquence
and logic, made him almost irresist
ible 1t is related of Mr.. Wiley
that he was once pleading the cause
of criminal before the County
Court, on which sat Squire X -,
one of those rugged specimens OF
ld-time magistrates, who, with his
rough exterior, concealed heart
full of generous emotions, and sus.
ceptible to the touch of eloquence
After analysing all the evidence in
the cause, and demonstrating the
impossibility of his clients guilt, he
was proceeding to close With an ap-
peal. Looking Squire X square
ly in the eye, and after burst of Ell.
oquence and with all his earnest
ness Mr.. Wiley repeated once OF
twice, "Guilty? Do you believe It'll
Do you believe it?" Squire K
turned away, shook his head as he
wiped the tears from his eyes, and
said in an audible voice, mo; I'll be
id if I dor
| - - i'ChSA ""S WV Pue ulDon VII
al in the County Court for stealing
apple butter. Squire X was or
the Court presiding. The prisoner
had relatives of influence and suffi
Gent estate to enable him to make
a strong and successful defense
Owing, no doubt, to the ingenuity o.
counsel, the jury were induced te
bring in a verdict for acquittal. The
verdict was read and the President
of the Court commanded the prisoner
to stand up. Said he, Young man
it is my duty to discharge you be
cause the jury have found you no
guilty; but I'll be id if you didn',
steal that apple butter, and we'll yot
know it."
Hon. J. J. Brown, in his centennia
Grafton, records as matter of histor,
the following which he says he hal
no doubt occurred in the Count,
Court. I'm cause pending in thai
Court, it became necessary to PROV,
some facts pertinent to the issue o
a very ancient date. These fact.
were ascertained to be known by
very old lady, citizen of the SCUM
ty, and who notwithstanding her ex