Court January 1850

Monday Jan. Term 1850

State of Tennessee)

Wayne County) Be it remembered that a quarterly County Court was began and held for the County of Wayne at the Court house in the Town of Waynesboro on the 7th day it being the first Monday in January in the year of our Lord one thousand Eight hundred and fifty the following Justices present and presiding to wit W CARTER Chr. HOPSON WATKINS BURNS MONTAGUE GRIMES GANT WATKINS [HOPSON – crossed out] SIMS LEE LAFFERTY YOUNG WILSON VOORHIES

A settlement between Wm Jones Clerk of this Court and L W CANTRELL Guardian of Henry C Minor heir of Milly MAY Dec’d was this day submitted to the Court which was confirmed by the Court and ordered to be recorded

A settlement between Wm JONES Clerk of this Court and L W CANTRELL Guardian of Mary Ann minor heir of Milly MAY Dec’d was this day submitted to the Court which was confirmed by the Court and ordered to be recorded

A settlement between Wm JONES Clerk of this Court and L W CANTRELL Guardian Wm J Minor heir of Milly MAY Dec’d was this day submitted which was confirmed by the Court and ordered to be recorded

A settlement between Wm JONES Clerk of this Court and Wm. W. THORNTON Guardian of Wm R minor heir of Wm DUNCAN Dec’d was this day presented to the Court which was received by the Court and ordered to be recorded a settlement was this day presented between Wm JONES Clerk of this Court and Nathan BIFFLE Guardian of N F minor heir of John & Mary W BIFFLE Dec’d to the Court which was received and ordered to be recorded

Ordered by the Court that W CARTER be appointed Revenue Commissioner in the 4th District Wayne County Tennessee year 1850 in the place of D.J. JONES Resigned

Ordered by the Court that John McBRIDE be appointed overseer of the road of 2nd Class in the place of A H M STUBBLEFIELD and that he have the hands in the same bounds to work under his direction Isued Jan 10, 1850

Came Wm W THORNTON Guardian of Wm R DUNCAN into Court and renewed his bond in the sum of thirteen hundred and Sixty one dollars with Brinkley HOPSON his Security which was rec’d be the Court and ordered to be recorded

Came Wm. W. THORNTON one of the Executors of the Estate of Josiah THORNTON Dec’d and returned into Court [Inventory – crossed out] an account of Sales verefied by his oath of Said estate which was received by the Court and ordered to be recorded

Monday January 7th 1850

Ordered by the Court that J C ELLIOTT be appointed overseer of the road of 2nd Class in the place of King H ABLES and that he have the hands in the same bounds to work under his direction Isued Jan. 10, 1850

Ordered by the Court that Wm CRAIG be appointed overseer of the road of 2nd Class in the place of L P SHAW and that he have the hands in the same bounds to work under his direction Isued Jan. 10th 1850

Ordered by the Court that B D KEATON be appointed overseer of the road of 1st Class that he word [sic] from the Eleven Mile post to the County Line in the place of J N BLACKSHEAR removed and that he have the hands in the same bounds to work under his direction Isued Jan 9, 1850

Ordered by the Court that Isaac GRIMES be appointed Overseer of the road of 2nd Class in the place of John W MONTAGUE and that he have the hands in the same bounds to work under his direction Isued Jan 9, 1850

Ordered by the Court that [the Court – crossed out] N F BIFFLE by appointed overseer of the road of 2nd Class in the place of Joseph MABRY and that he have the hands in the same bounds to work under his direction Isued Jan 10th 1850

Upon motion to appropriate to John McDOUGAL the sum of Twelve 40/100 dollars the amount by him expended for blank books for the of office of Circuit Court Clerk Those who voted in the affirmative wire W CARTER Chr YOUNG LAFFERTY BURNS MONTAGUE GRIMES WILSON VOORHIES WATKINS & HOPSON 10 Noes none So said appropriation was made to be paid out of any money in the hands of the Trustee no otherwise appropriated Isued Jan. 15th 1850

On motion to appropriate to G T FREDAKING the sum of Seven 50/100 dollars the amount be him expended for a Blank Book for the Registers office Those who voted in the affirmative were W CARTER Chr YOUNG LAFFERTY BURNS MONTAGUE GRIMES WILSON VOORHIES WATKINS & HOPSON 10 Noes none So said appropriation was made to be paid out of any monies in the hands of the Trustee not otherwise appropriated Isued Jan 15th 1850

Ordered by the Court that the road running from the Union Church on Hardins Creek up Mill Creek to S C GRIMESs Mill be disannulled and that the hands [to wit – crossed out] that worked on said Road under John C GRIMES be attached to the the hands that work under Isaac GRIMES

Came Wilson GRIMES & others who was at a former term of this Court a Jury of view and mark out so as to change the Waynesboro and Savannah Road on the lands of A MONTAGUE and report a change made which was rec’d by the Court

Monday, Jany 7th, 1850

Came E. H. PUGH Tax Collector for Wayne County 1849 and returned in to the Court alist of the picked up Taxes verified by his oath which was received by the court and ordered to be recorded

Ordered by the Court that the Commissioners appointed at a former Term of this Court to sell the lots on the west Square of the town of Waynesboro hand over to the Treasurer of the Poorhouse Commissioners the balance of the proceeds of said sales and said Treasurer pay the same toward the land purchased by the Poorhouse Commissioners.

Ordered by the court that John McDOUGAL one of the Commissioners appointed at a former term of this court to set apart provisions for the Widow Shields & family for one year amend said order so as to set apart such additional articles which was done and rec’d by the Court and ordered to be recorded.

Came A MONTAGUE and D J JONES who was at a former term of this Court appointed commissioners to superintend the recovering of the Court house and report that on examination they think that the present Roof will do for several years to come with slight repairs which was received by the Court and ordered to be recorded and that the said Commissioners be discharged.

Came Thomas W HILL who was at a former term of this Court appointed Guardian of Augustus W BATT and reported to the Court the amount that has come into his hands as such Guardian verified by his oath which was received by the Court and ordered to be recorded.

Upon application of J.I.BIFFLE and others, it is ordered by the Court that L.L. MACK, Thompson MORGAN, Stephen BIVINS and Joseph EAST be appointed a Jury of View to view so as to change the Waynesboro and East Point Road so as to run with the line between the lands J.I. BIFFLE and H.H.HUNTER and that they report the same to the next term of this Court Isued Jan 10. 1850.

On motion to appropriate to W CARTER D J JONES and Jonathan MORRIS Poorhouse Commissioners the sum of fifteen Dollars each for theirservises Those who voted in the affirmative were LAFFERTY WILSON VOORHIES WATKINS HOPSON GRIMES 6 Noes BURNS MONTAGUE GANT SIMS and LEE 5 So said appropriation was made to be paid out of any monies in the hands of the Trustee not otherwise appropriated. Isued Jan 15, 1850

A Settlement between Wm JONES Clerk of this Court and Joacim DUGGAR Guardian of Wm M CROSSNO was this day presented to the Court and rec’d and ordered to be recorded

Monday Jan 7th 1850

A Settlement between Wm JONES Clerk of this Court and Joacim DUGAR Guardian of Sarah A CROSSNO minor heir of Jacob CROSSNO Dec’d which was received by the court and ordered to be recorded

A Settlement between Wm JONES Clerk of this Court and Joacim DUGAR Guardian of Malinda K minor heir of George CROSSNO Dec’d and was received by the court and ordered to be recorded.

A Settlement between Wm JONES Clerk and this Court and Joacim DUGGAR Guardian of the minor heir of George CROSSNO Dec’d was this day submitted to the Court which was received and ordered to be recorded

Ordered by the Court that John CLEMMENTS Jeremiah DOWDY Wm. L.T. EDWARDS an son Lawson SMITH?? H B V KING and John SMITH be added to the hands allotted to Charles PARKER to open a road of 2nd Class

Came James E McKNIGHT and others who was at former term of this Court appointed a Jury of View to view and mark out a road from Ashland to the Lawrence county Line and report a road found as directed in said order

Ordered by the court that Mw M HORTON be appointed overseer of the road of 2nd Class in the place of Allen FOX and that he have the hands in the same bounds to work under his direction Isued Jan’ 11th 1850

Ordered by the Court that John W YOUNGBLOOD be appointed overseer of the road of first Class and that he work the Waynesboro & East Port Road from the ford of the Creek at P M SATTERFIELDS to John LOYD and that he have the following hands to work under his direction to wit Allen SISK A R SISK Isaac HORTON, Jr. P. M. HORTON Isued Jan 14 1850

On Motion a majority of the justices being present the Court proceeded to lay the public taxes for the year 1850 for the county of Wayne as follows to wit for each poll fifty cents and for each hundred dollars worth of taxable property twenty three and a half cents and an privileges fifty per cent and the State tax.

The court proceeded to elect a chairman & quorum for said court for the present year when David J JONES was duly elected chairman of the court for the present year and said David J JONES William M LAFFERTY & James T?[or S] YOUNG were elected a quorum to hold the quorum courts for the present year.

Monday Jany 7th 1850

[the following entry crossed out] On motion to appropriate three dollars to John ROBNETT for furnishing 115 lbs of pork for J.J.BOYD a pauper of Wayne County the justices who voted in the affirmative are Chairman CARTER YOUNG LAFFERTY BURNS MONTAGUE WATKINS GANT & HOPSON yeas 8 noes none so said appropriation was made to be paid out of any moneys in the hands of the County Trustee not otherwise appropriated

On motion to appropriate to Washington CARTER Abraham MONTAGUE and David J JONES ten Dollars each for holding the Quoram Courts for the year 1849

Justices who voted in the affirmative are W. CARTER (Chairman) YOUNG LAFFERTY MONTAGUE GRIMES WILSON WATKINS GANT HOPSON yeas 9 Those who voted in the negative BURNS noes one So said appropriation was made to be paid out of any moneys in the hands of the County Trustee not otherwise appropriated Ised Jan 15, 1850

Came Samuel L BURNS Administrator wit the will anexed of Lemuel POPE dec’d and presented a supplemental report of assets which have come into his hands such as since his former Report which was rec’d by the court and ordered to be recorded

Matthew H BURKS [?] Guardian of the Minor heirs of David TILLMAN [?] came into Court and presented his report of the assets which have come into his hands as such which was received and ordered to be recorded

Ordered by the Court that John SHIPMAN be overseer of the Road of the 3rd Class in the place of Josiah YOUNGBLOOD and have the hands on the head of the creek above said SHIPMANs house Isued Jan 14, 1850

Ordered by the Court that Jesse DOWNING overseer of the Road of the 1st Class Leading from Waynesboro to [Mississippi-crossed out] East Port in the place of Benjamin KING removed have Isaac SHIPMEN Josiah YOUNGBLOOD P M SATTERFIELD L B GANT & hands in addition to the hands heretofore allowed to work under his directions Isued Jan’ 14 1850

Ordered by the Court that James ANDERSON and Abraham MONTAGUE be appointed commissioners to settle with County officers for the year A.D. 1850

Monday Jan’ 8th 1850

Ordered by the Court that W B SKILLERN be appointed overseer to open & keep up the road of 2nd Class from Ashland to the Lawrence County line as viewed and marked out by J. E. McKNIGHT & others and that he have the following hands to wit S C MITCHELL and hands J E McKNIGHT and hands, John STOCKARD and hands Jacob STRICKLAND Wm HOLLOWAY Isaac SURRATT Elias WHITE Wm C McBRIDE Wm H HILL Benjamin HARGROVE[?] James DURHAM Wm WILSON Sam’ HOLMES David SKILLERN James SURRATT Thomas W HILL A W BATTS E [?] ROSS Columbus ROSS Martin STAGGS and Nathan BIFFLE Jr’ to work under his direction Isued Jan’ 10th 1850

Came into Court James HOLLIS who was appointed administrator of the estate of Thomas GIST Dec’d and entered in to bond in the sum of two hundred dollars with John McDOUGAL his security Conditioned for the faithful purformance[sic] of said administration which was approved of by the Court and ordered to be recorded

Ordered that W CARTER Jonathan MORRIS and D J JONES be appointed Poorhouse Commissioners for the present year whereupon the said W CARTER and Jonathan MORRIS took the necessary oath for their qualification

Ordered that Court adjourn tell Court in Cours / / s / / A. MONTAGUE Wm M. LAFFERTY A.B.GANT

Goodspeed’s History of Wayne County, Tennessee

Transcribed by Fred Mutishaw

[Note: This history was published in 1886 and was compiled from a number of different sources which were not listed or cited. Please use information in this history with caution. And always verify the information given]

WAYNE COUNTY is on the extreme western side of the Highland Rim, with its northwestern corner extending into the valley of the Tennessee. The county presents a generally broken surface, with parallel and transverse ridges and intervening hollows, the ridges usually radiating from the center in all directions, except to the east, the general surface of the county being a plateau of about 800 feet elevation.

The principal streams are Indian Creek, Hardin Creek, Shoal Creek, Buffalo River, Bush Creek and Second Creek. Mill Creek is a tributary of Hardin Creek. Butler Creek, Big, Middle and Little Cypress and Factor Fork are all tributaries of Shoal Creek. Forty-eight Creek, Moccasin, Rock House, Mill, Opossum, Chapel Creeks and Green River are all tributaries of Buffalo River. Wayne has lands particularly suited for farming and grazing, and the remainder for minerals. Of the 700 square miles in the county, about 200 square miles of it are mineral lands of iron ore. This seems to lie in inexhaustible beds of fine quality, the yield at the furnace being forty-four per cent. For working this ore the Wayne Furnace was built about 1835, and in 1868 the Gaylord Iron & Pipe bought the old Wayne Furnace and 21,000 acres of land for $40,000. They increased the capacity of the furnace to twenty-four tons per day. The agricultural land in found in the river and creek bottoms, and covers about ninety square miles of fine lands. These lands yield heavy crops of all the cereals, cotton, peanuts, and the other lands are suited for grazing. From the extensive ranges, stock raising can be carried on at immense profit. Wayne County affords an immense growth of valuable timber. In the southern portion of the county are immense growths of yellow pine. The ridges furnish oak, chestnut and poplar, and the glades furnish cedar. large quantities of the chestnut oak bark is used in the various tanneries in the county. Great quantities of timber are used at the furnaces for wood and charcoal smelting.

The first settlers of Wayne County were mainly from the older counties of Middle Tennessee and from North and South Carolina. The early settlements were made on North Carolina military grants, occupants’ claims and warrants. The first settlement was made by Frederick Meredith, Mark F. Edwards, William Henton, Lovick Rasbury, Richard Churchwell and Craig W. Pope, on Buffalo River in 1815. On Hardin Creek were Isaac G. Grimes, Henry Grimes, Peter Renfrow and John Johnson, in 1816. Thomas G. Harvey, Charles Burns, James Reeves, Samuel Loggans and William Scott settled on Green River in 1816 and 1817. On Indian Creek Henry and John Rayburn, Jesse and Baker Cypert, Benjamin and David Schull settled in 1818. James Surrett settled on the east fork of Hardin Creek in 1819. David Gallaher and John Dixon settled on Shoal Creek in 1818. William B. Payne, William B. Walker, Joseph Staggs, Nathan Biffle and Isaac Robertson settled on Forty-eight Mile Creek in 1818. Other settlers in different parts of the county before 1820 were Jacob Biffle in the Eight District, where land was entered in 1812; David Carter, assignee of Elizabeth Walker, also in the Eighth District; also William B. Ross, Joseph Denton, Wiley Harrington, Thomas Reeves, J. W. Nunley, T. Gambel, Daniel Cherry, Jacob Fraley, J. R. Russell, John Gibson and J. P. Walker. John Watson settled on Hardin Creek in 1820, and Lewis Johnson and Henry Colston on Beech Creek about the same time. The following entered lands before 1820: Michael Robertson, Henson Grove, Mark F. Edwards, Isaac Rice, William Williams, Thomas G. Harvey, James H. Gambel, Alexander Steele, James R. Russell, Daniel Voorhees, Samuel Mayfield, John Meredith, John Duke, R. P. Scoot, John McCulley, David Carter, John Welch, Allen Brown, James Davis, James Collins, John Mitchell, G. H. Garrett, R. C. Harris. John Akin, S. Read, J. L. Smith, James Davis, James Elliot, John Brown, James Staggs, W. B. and James P. Walker, Jesse Thompson and the Morris family. The first water and tub-mills in county were build on Moccasin Creek, in 1818, by John Meredith; the first horse-mill was built by John O. Roberts, on Beech Creek, in 1820. The first cotton-gin was built near where old Carrollville stood, by William B. Ross, in 1819. The first ferry across the Tennessee River, within the limits of the county, was established in 1818 at Carrollville, but the owner of the ferry is unknown.

The first church erected in the county was built on Green River, just east of the site of Waynesboro, at the grave-yard in 1820, by the Methodists. The Rev. James English was the first preacher. At the mouth of Forty-eight Mile Creek the Primitive Baptists also built a church in 1820, the Rev. Willis Dodson was the first pastor of it. The first merchants in the county were Malachi Wimberly and Anderson Stoneball, near Ashland, in 1819. A Mill was built on Buffalo, near Ashland, by John Biffle, about 1830. The first tan-yard was built on Eagle Creek, by James Elliott, in 1819.

The first boat up the Tennessee for business was a keel boat owned by Samuel Cade. This was loaded with salt and other supplies. Wesley Warrington kept the first wood-yard for steam boats, about 1823-25. The first camp-meeting was held on Eagle Creek about 1823.

Near Ashland may be seen many relics of the Mound-Builders. These mounds are the usual shape, but arranged in a somewhat circular outline, with the larger mounds in the center. The whole cluster numbers perhaps forty or fifty. Surrounding these is an old earth-work of very distinct outline, having a moat and embankment of considerable height. In the hollow below is an old Indian burying-ground, where numerous skeletons have been found, some in very perfect state of preservation. The graves are marked by stones above ground, with the graves walled and covered by the same material. In all or nearly all are found charcoal or charred remains. This burying-ground was discovered by Prof. Smith, of the Columbia Atheneum, in 1877, where may be seen excellent specimen remains. On a tributary of Forty-eight Creek, called Court House Creek, are fine natural bridges. Passing beneath the first sharp angle in the little stream there appears an open court which rivals almost any of the natural curiosities of the world. Here, according to tradition, the dusky savage once held his council fires. A little further down the stream the water passes under the second archway and dome of splendid beauty and symmetry.

Wayne County was created by a act of the Legislature in 1817, but on failure to have it engrossed it had to be repassed in 1819. It was named in honor of Gen. Wayne, “Mad Anthony,” of Revolutionary fame, and embraces an area of 338,291 acres. The court for organization met at Factor Fork, where the old Natchez trace crosses that stream. The next meeting was held at William Barnett’s, on old Town Branch, where it continued to meet till 1822. The following justices were present, holding commissions from the governor: Benjamin Hardin, Henry Rayburn, Jesse Cypert, Wm. Burns, C. A. Pope, Wm. Walker, John Meredith,Reuben Kyle, Wm. B. Curtis, Wm. B. Ross, S. Perley and David N. Gallaher. The officers chosen were Wm. Barnett, clerk; Benjamin Hardin, sheriff; J. M. Barnett, circuit clerk; John McClure, register; John Meredith, trustee; John Hill, ranger; and Wm. B. Payne, coroner.

The first court house was built, it is supposed, by Wm. Barnett in 1819 or 1820. This was a small log house with a dirt floor, board roof, and large openings in the side for windows. This house was in use about two years. On the location of Waynesboro as the county seat in 1822, a new log court house was erected the same year. This house was built at a cost of $800 on the Square, and differed not greatly in size or construction. The third house was built in 1827, and was a frame building. This building was two stories high, and was about 24X30 feet. The upper floor was used as the court room, with the offices below, and had two entrances as the present house.

The present court house was built by Nathaniel Thomas. It was begun in 1843 and completed in 1844. It is a good brick building, in excellent state of preservation, and is two stories in height. The upper floor is used as the court-room, while the offices are below. The building is about 35X40 feet, and was erected at a cost of about $4,000.

The first jail was built at Old Town, and was a very rude structure. It was in use only about two years. The second jail was built of round logs at Waynesboro in 1822. The third jail was built of hewn logs. It stood till some time between 1830 and 1840, when it was replaced by a brick jail. This jail stood just north of the Eureka Building, and was erected at a cost of about $700. The elements, time and war unfitted this as safety. In 1873 J. G. Berry, A. T. Hassell, M. Collier, G. W. Boyd and J. R. Hughes were appointed committee for the construction of a new jail. The material of the old was sold to the Methodists, Masons and others, and a new lot purchased east of the Square. The contract was let to Wm. A. Fowler. The new jail was built at a cost of $1,664.25, less $148.93 realized on the old jail.

The poor at first were farmed out to the lowest bidder. The first farm was on Green River, two and three-fourths miles below Waynesboro. This was a small place, and little improvements were made upon it. In 1849 a farm was purchased by Washington Carter, D. J Jones and Jonathan Morris for $400. In 1866 the present farm was purchased of J. L. Fowler by A. Montague, G. W. Barker and J. A. Grimes, as poor-house commissioners, for $700. The county now owns about 145 acres of good land and maintains its paupers at a small cost.

Although Wayne has neither turnpike nor railroad, the Columbia Central Turnpike formerly passed through the county from Columbia to Clifton. This road was completed about 1844, but has suffered to fall into disuse since the war. In 1880 the charter of the Nashville & Tennessee River Railroad was spread upon record. This road is intended to connect the Nashville & Tallapossa Road with the Memphis & Knoxville Road, at or near Clifton.

The meeting of the first county court is elsewhere stated, both as to place and members. The first circuit court was held at the log court house on old Town Branch, north of Waynesboro, in the spring of 1820, with J. M. Barnett as circuit clerk, Benjamin Hardin as sheriff and Wm. F. Doherty as solicitor-general. A loss of all county records to 1848, the circuit court records to 1851, and those in the chancery court to 1861, renders it impossible to follow the courts fully. One of the longest cases ever tried in Wayne County was the case of Meredith against Renfro, which vexed the courts for sixteen years. The first murder case believed to be the case wherein Haggard killed Busby. The case grew out of a quarrel between two little boys, sons of the two men. The case was tried in Dixon County on change of venue, and Haggard was acquitted. Another case was the “State vs. Choat,” for the killing of Mosby. This case resulted in acquittal, on the plea of self-defense. In 1828, Wm. Venable and James McDool, the former a gray-bearded old man and the latter a boy of sixteen, were convicted of passing counterfeit money. They received for punishment on the bare back, twenty-five lashes. About this time the officers of the law were compelled to contend with a gang of counterfeiters, horse-thieves and murderers, under John A. Murrell, whose life and adventures were written many years ago. and whose exploits extended over a large portion of the State. About 1830, occurred several damage suits, one, “Miller vs. Robertson,” for false imprisonment, in which the plaintiff got judgement for $10,000. Another was case of Chas. Teas against W. B. Ross, for swearing to a lie. This suit resulted in a verdict for $10,000 for the plaintiff, but was afterward compromised for $900. Charles Reeves brought a suit for slander against John O. Roberts, for saying that Reeves “stole horses, cattle and hogs.” The plaintiff was awarded damage to the amount of $2.50. All cases previous to the passage of the “penitentiary law,” in 1832, were punished by imprisonment, fines, whipping, standing in the stocks, branding — any or all of these. The first person sent to the State’s prison was Mathew Murphy, who was sentenced on March 23, 1839, for a term of three years and the second case was David Staggs, who was sentenced for one year from October, 1842. The offense in neither case is given, but it is presumed it was larceny. The first divorce suit was the wife of Henry Mahon against her husband. The suit was brought in 1829, on the plea of inhuman treatment, and granted. The first of the circuit court records began with May 26, 1851. The usual number of cases of gaming, peace warrants, wearing bowie knives, larceny, vi et armis, and other minor misdemeanors occur. In 1852, Moses Page, “without the fear of God before his eyes, and being moved and seduced by the instigation of the devil,” assaulted Thomas H. Short and killed him with a gun. Page was tried , convicted, and sentenced to the penitentiary for a term of three years. One of the heaviest suits for damage, in former years, was the suit of Sanders and Martin against Gallaher, King, McDougal and East, in which the plaintiffs got judgment for $1,126.05. This case was decided at the March term, 1840.The case of the State against Daniel G. McCarn, on a change of venue from Hardin County, came up for trial in Wayne County Circuit Court. He was tried for being accessory before the fact for an assault and Battery with intent to commit murder. The trial was begun in 1850, and ended October 9, 1852, in conviction and sentence to the penitentiary for seven years. An appeal to the supreme court was taken, and the case reversed and ordered begun de novo. The case was tried again with the singular result of conviction and sentence for twelve years instead of seven. A very hotly contested suit was the case of Dr. Wm. G. Childress against John Morrow, for slander. The case was begun in 1857, and ended in February, 1860 in judgement for $5,000 for plaintiff. Dr. Childress had treated a son of Morrow, who died. The latter accused the former of malpractice, hence the suit. The jury in the case were Andrew Jackson, W. T. Bryant, J. M. Moore, Little Choat, J. I. Biffle, John Stockard, J. W. Howard, Jasper Davis, J. L. Kyle, J. Scott, J. N. Hollis, and J. C. Whitton. Judgement was rendered, and it was ordered that execution issue, when the plaintiff in open court remitted all the fine except one cent. A very hotly contested case was begun January 3, 1876, entitled State vs. John W. Bundrant and Peter Bundrant. They were tried for the murder of S. R. Dicus. The case was continued from January 3, 1876, till November, 1879, and ended in the conviction of John Budrant and sentence to the penitentiary for five years,

Another case of note was the case of the State against T. G. Brown, D. E. Holt, Wallace Hays, Austin Hays, Wm. A. Fowler and Jesse Atkisson. They were tried for the murder of Wm. H. Hays in October, 1878. Atkisson died before trial. The suit ended August 20, 1879, in a sentence of Thomas G. Brown and D. E. Holt for a term of several years in the penitentiary; Wm. Holt, Austin Hays and Wallace Hays to six months in the county jail. The circuit courts were closed from January 29, 1862, to September 23, 1865. The last jury before the war consisted of L. M. Morgan, Little Choat, S. R. Denny, J. H. McClure, Wm. Eads, A. G. Clay, Wm. Pollard, J. H. Rutledge, Jas. Durham, J. C. Walker, Wm. Sinclair, J. J. Porter, J. N. Hollis, J. A. Gibbs, John L. Smith, Isaac Robinson and F. Churchwell. Many very bitter suits grew out of offenses committed during the war. On January 23, 1874, was spread upon the minutes a tribute of respect to the memory of Judge Elijah Walker, of Savannah, who died December 31, 1873. Judge Walker was doubtless the ablest judge ever upon the Wayne County bench. The chancery court for the district of Wayne, Hardin, Lewis and Lawrence was established by the Legislature February 5, 1847, with Jerry H. Cahal as chancellor, who served till 1852, when J. L. Brine was chosen to fill his place. Judge Brine was succeeded by C. Pavatt in 1855, who in turn was succeeded by R. H. Rose on February 28, 1866. Judge J. W. Doherty served from 1868 to 1870, when he was succeeded by Hon. Geo. H. Nixon, who served till 1886. The clerks and masters have been Col. McLean, A. T. Hassell, J. W. Helton and Capt. P. H. Craig since 1873. One of the longest and most peculiar cases ever tried in the chancery court was the case of Sarah C. Smotherman against James Smotherman, for divorce and alleging as a plea, brutal and inhuman treatment. The case was in the courts for about sixteen years. A judgement rendered by Judge Hughes in favor of the plaintiff in April, 1868, and the same confirmed by Judge Nixon in September, 1871. The divorce, custody of their child and alimony in lands were granted to plaintiff. The case was taken to the supreme court on a writ of error by the defendant. Whereupon said court found error, not only in the point at issue, but the whole proceedings. The whole case was accordingly referred. Pending this decision the defendant had married a second time and the plaintiff had been confirmed in possession of her lands. The curious case was then presented, of two legal owners of the same property and a man having two legal wives.

In 1861 the case of Mary J. Ricketts, administratrix, vs. C. B. McCulley et al., involving the right of title, was begun. McCulley was the legal owner of two tracts of land. On March 2, 1861, he conveyed to his wife and children one of his tracts of land. He was owing Ricketts $1,260. Although it was proved McCulley was owner of other real estate valued at $1,500 and personal property to the amount of $1,000, he subsequently failed. S. S. Ricketts died in 1863, intestate, and the plaintiff, as administratrix, revived the debt in her own name, and got judgement against the land conveyed, and had it sold on execution. The case was take to the supreme court in 1865, and the conveyance made by McCully was confirmed from that fact that at the time of the conveyance he had ample property to pay his debts and the conveyance at the time indicated no fraud. The case of Carr vs. Grimes, executor, in 1877, involved the mental capacity of the decedent to make a will. In this suit about $10,000 worth of property was involved. The supreme court confirmed the action of the defendant. W. P. Kendrick and Rob A. Hill were, doubtless, the resident lawyers of the Wayne County bar. The latter in now United States district judge, with headquarters at Oxford, Miss. The present bar is represented by Robert Cypert, Boyd & Haggard and John F. Montague.

Waynesboro was founded in 1821, on the lands owned by Wm. Burns. A deed was made for 40 acres to James Hollis, John Hill, Nathan Biffle and Chas. Burns for $300. These men were the commissioners appointed by the General Assembly to establish a county seat for Wayne County. The transfer was made March 1, 1823. The commissioners were empowered to sell lots, and with the proceeds to build a courthouse, jail, stocks, ect. Among the first purchasers of lots were James Blair, Chas. Burns, Wm. Barnett, Wm. Copeland, Wm. Burns, Willis Copeland, H. W. Mahon, Willey Simmons, J. W. Lemaster, Jordan Morris, John Hill, Obedience Hill, James Anderson. The first dwelling-house was erected by Wm. Burns in 1821. Wm. Meredith began merchandising in 1821; and Wm. Barnett opened the first hotel in the place, also in 1821. A postoffice was established in 1821, with Wm. Barnett as postmaster.The first practicing physician was Martin Mahon, who began practice in 1822-23. The first local attorney was Thomas F. Edwards, who began practice about the time of Dr. Mahon. The first school was opened in the town in 1821-22. The first church was built at the grave-yard just east of town, across Green River, with the Rev. James English as pastor. The house of Burns, above mentioned, stood some distance from town near where Mr. Whitby now lives. Wm. Barnett’s stood where Mr. Hassell’s house now stands; John Hill’s was near. These were the first houses in Waynesboro proper, and were small round-log houses.

The business of Waynesboro was about such as is seen in a small inland town till about 1844-45, at the completion of the old Central Turnpike, when business gradually increased, reaching its maximum activity about 1855, but remained good until the war. Since that period the place has suffered some loss of trade from the sale of goods at many country stores throughout the county. The principal business for one or two decades before the war was done by A. T. Hassell, James Anderson, and Wm. West & Co. The former of these has done an extensive business since 1844. The present firms are A. T. Hassell, M. J. Sims, Bromley & Martin, Huckaba Bro. & Co., Turman Helton & Co., drug stores, G. W. Boyd & Co., A. T. Collier; hotel, Thomas Young.

Waynesboro was incorporated in 1852, with the usual powers of such corporations. The following constituted the first board: Cyrus Tyree, I. Warner, S. R. Laird, J. C. Bridges, G. W. House, J. Morris and N. C. David. Of these Tyree became mayor; David, recorder, and Bridges, treasure. The charter was allowed to lapse in 1860, but was renewed again in 1870, with Matthew Collier, mayor, and C. C. Stribling, recorder.

The first newspaper in Waynesboro was The Family Visitor, edited by W. L. Morris. This was in the early part of 1850. This was followed by Waynesboro Times, under B. A. Murtishaw, in 1856. Then came the period of the war, and no more paper till 1872, when the Review was started by the Malone Bros. This was followed by the Wayne County Citizen, on February 19, 1874, by Stribling & Warren as proprietors, with Robert Cypert as editor till December 24, 1874. On November 24, 1875, the paper was first issued at Clifton, where it has since remained.

Waynesboro Lodge, No. 127, was organized February 13, 1851, with the following officers: Jas. Anderson, W. M.; Chas. Cox, S. W.; N. F. Biffle, J. W.; D. K. Hood, Treas.; John McDougal, Sec.; A. P. Cook, S. D.; S. R. Laird, J. D.; J. C. Bridges, S. and T. Visiting members, P. Whitehead and S. D. Whitley, both Master Mason. The first members added were W. R. Kindle and J. M. Jones. The membership now numbers thirty-seven. A chapter was instituted November 1, 1879, with J. J. Comes as High Priest; C. Buchanan, King, and J. Jackson, Scribe. A Grand Army Post was organized in 1884 by Capt. Jones, of Nashville. It is known as the Wm. P. Kendrick Post, No. 5. It enrolls from fifty to sixty members.

About two miles below where Clifton now stands, formerly stood Carrollsville, named in honor of Gov. Carroll. This place was founded in 1818 on the lands of Thomas Reeves. The sale of lots began in 1821. At the time Reeves sold his interest to Johnson & Blackburn. Henry Mahon, John Blackburn, Matthew Grimes, Henry Rayburn, Stephen Stubblefield, Jacob Spencer, Malachi Wimberly, Chas. Harrington and John Elliott were principal property owners of the place. The business men were Hugh Simpson, Chas. Teas, Hine & Ross, and R. A. McCullough. It is claimed that Carrollsville came within one vote of being made capital of the State. On the completion of the Central Turnpike to its terminus on the river, at Clifton, Carrollsville began rapidly to decline, so that now noting remains to mark the site of the old town. This place witnessed one of the first tragedies in the county, the killing of Dr. Green by Edward Sanford. A quarrel arose over the sale of some liquors, and Green assaulted Sanford with a gun, and was himself killed by a stone in the hands of Sanford. Clifton, it may be said, grew from the ruins of Carrollsville; it was founded in 1840, and was named from the high cliff upon which it stands. It is situated sixteen miles west of Waynesboro, on the Tennessee River, at the terminus of the old Central Turnpike. The lands were purchased of Stephen Roach by Evan Young, Granville A. Pillow, W. J. Polk and James Helton, of the Turnpike Company. The first owners of lots were R. C. Hemphill, A. T. Hassell, James Walker, John O. Roberts, Edward Spears, J. Wright, R. H. Cooper and S. S. Ricketts. The first business men were James Walker (who managed the old “Marine Furnace),” A. T. Hassell & Co., Cooper & Hemphill. Clifton has always been an excellent business point, by far the best in the country. It now has the following dry goods and general stores: Hughes & Grimes, Thompson & Cook, J. J. Nichols, T. N. Copeland. Drug and grocery stores: T. R. Ricketts & Co., Stribling & Hassell, Hardin & Duncan. Groceries: Charles Ricketts.

The Cumberland Presbyterian Church was built in 1859, on a lot deeded to them by H. W. Hunter. The Methodist Church was built much later. Masonic lodge, No. 173, called Clifton Lodge by last report, has a membership of forty-five. Clifton also has a chapter, No. 57, R. A. M., and a council, No.37, R. & S. M. Clifton was incorporated by an act of Legislature in 1854, but allowed its charter to lapse during the war; however, it has since revived. The first number of the Wayne County Citizen was issued on November 25, 1875, by C. C. Stribling and Warren. The paper, however, had been published at Waynesboro by the same firm since 1874. On December 21, 1876, Mr. T. F. Warren severed his connection with the paper. Since that time it has been owned by C. C. Stribling. It is no more than justice to say that the Wayne County Citizen is a paper of uncommon merit. Politically it is Independent.

Ashland is situated eleven miles northeast of Waynesboro, and was established in 1830 by Ephraim Dixon and Samuel Mitchell. The postoffice at that place is called Forty-Eight; formerly it was called Pleasant Hill. Malachi Wimberly and Anderson Stoneball sold goods near where Ashland now is in 1819. The first settlers around Ashland were Lovick Rasberry, Nathan Biffle, James Russell, Wm. Walker and Wm. Burns. Following Dixon & Mitchell, above mentioned, Buckner & Dickson were the next business firm. Ashland has usually had from one to two general stores. The principal business of the place in now done by A. H. Cunningham.The Cumberland Presbyterian Church and Masonic lodge room, on Buffalo, was built in 1878. The trustees of the church were G. T. Walker, A. B. Wisdom, R. A. Shaw, W. F. Edwards and James Durham, and the Buffalo Lodge, No. 329, were T. S. Evans, W. M.; Theodore Clendenen, S. W.; P. H. Craig, J. W., and others.

Flatwood is a small neighborhood village, about fourteen miles north-west of Waynesboro, founded about 1850. It is the seat of two stores, a postoffice and a school. The business firms are Harris & Hurt and Burns & Graves.

Old Town was the former seat of justice for the county. It was situated on Old Town Branch, a small tributary of Green River, about five miles from Waynesboro. The only residents of the place were Wm. Barnett and John Hill. Nothing now remains to mark the former site of Old Town, so called in distinction from Waynesboro, or the new town.

Though hardly a part of military history, it may be stated that Wayne County was, like all other counties, divided into districts embracing all subject to military duty. The first divisions for the county were Beech Creek, Eagle Creek, Hardin Creek, Indian Creek, Cypress Creek, Buffalo River, Forty-eight Creek and Rich Creek. In these were the companies of Capts. William Gambrell, G. H. Tucker, Isaac Robertson, H. J. Ray, A. Morris, Thomas Reeves, John Rayburn, Frank Mayberry, Sherrell, Thompson and Aydlotte. These increased in number as the population grew. No regular organized body of men went from this county to either the Seminole or Mexican war. The only representatives of either of those wars is the Rev. George E. Huckaba, who commanded Company H. of the Second Tennessee (Federal) Mounted Infantry in the late war. The county was almost unanimous for the Union till hostilities began, when there was a division. The southern part of the county remained firm for the Union during the whole struggle, while the northern portion was almost unanimous in favor of the Confederacy. The first troops raised for the Confederate Government were for the Ninth Tennessee Cavalry. These troops were mainly recruited about Waynesboro and in the vicinity of Ashland and Flatwood. The first company was A. The officers of this company were J. T. Biffle, captain; J. M. Benham, first lieutenant; P. H. Craig, second lieutenant; G. P. Wells, third lieutenant. The second company had for its officers James M. Reynolds, captain; Reiley Littleton, first lieutenant; John Littleton, second lieutenant. The third company of this regiment was commanded by Capt. John A. Johnson, with B. S. Hardin, first lieutenant, and A. H. Ross, second lieutenant.

The Ninth was mustered into service in August, 1862, at Waynesboro. The operations of the regiment were confined to the surrounding counties, in guarding railroads, bridges, rivers, ect. Later the regiment was ordered to Murfreesboro with Forrest, where it joined in an attack and capture of the same, also in the raid through West Tennessee in December, and upon Franklin and Spring Hill. In 1863, the regiment was in pursuit and capture of Col. Streight, of the Fifty-first Indiana, in his raid through Georgia. The regiment was engaged at Chickamauga, Chattanooga, and at Knoxville in the siege of Burnside’s army. In December, 1863, P. H. Craig raised Company B, consisting of about seventy-fife men, and was attached to the Twentieth Regiment. Their operations were confined mainly to Alabama and Mississippi till the fall and winter of 1864, when the entire army invaded Tennessee in the advance upon Nashville. A very brilliant dash was made upon Johnsonville and the Federal supplies at that place captured and burned, amounting to more than a million dollars. The troops then advanced upon Nashville, by way of Florence, Wayland Springs, Lawrenceville, Columbia, Spring Hill and Franklin. In that engagement the Twentieth was on the right, under Forrest. After the retreat to the Federals from Franklin the Twentieth joined in the pursuit, and struck the Federals at Hollow Tree gap and drove in the pickets at Nashville. Forrest, with a large portion of his cavalry, was sent to assist in the operations against Murfreesboro. After the defeat of Hood at Nashville these forces were hastened to Franklin to cover the retreat from Tennessee. Those that escaped the disaster were collected at Tupelo, Miss., and soon afterward sent East to engage in the final struggle in that section. For the ninth Battalion there recruited Company F from Wayne County. This was commanded by T. D. Whitehead as captain; William M. Biffle, first lieutenant; Dr. R. W. Couch, second lieutenant; S. W. Burns, third lieutenant. These men were mustered into the service in 1861, at Camp Anderson, near Nashville. After the defeat and capture at Fort Donelson, the men captured were held till the last of August, 1862, when they were exchanged and were soon after reorganized. At the reorganization, W. L. Bromley was chosen captain; Joseph Clendenen, first lieutenant; James E. Grimes, second lieutenant; J. T. Cotton, third lieutenant. J. H. Akin was in command of the battalion, the history of which is found elsewhere. Several companies went out in Deering’s Fifty-fourth, but after the stampede and disorganization of the regiment the men were assigned to Dixon’s Forty-eighth. The companies were three in number. The officers of the first were T. R. Hughes, captain; William L. Montague, first lieutenant; Jasper Benham, second lieutenant; A. K. Hardin, third lieutenant. Of the second, D. S. Skillern, was captain; D. H. Jones, first lieutenant; J. H. Shields, second lieutenant; J. B. Huckaba, third lieutenant. Of the third company, James M. Reynolds, was captain; J. N. Hollis, first lieutenant. (See history of Dixon’s Forty-eighth for a history of this regiment.)

The first company for Federal service was Company A. of the Tenth Tennessee (three years). Officers: Captain, Ed B. Bladen; Henry N. Lee, first lieutenant; John J. Brewer, second lieutenant. Mustered into service April 26, at Nashville. Henry N. Lee was afterward chosen captain. The men were mainly from south part of the county. Number of men, 92. Services were mainly garrison and guard duty. Second Mounted Infantry (one year), regimental officers: John Murphy, colonel; Owen Haney, lieutenant-colonel, J. M. Dickerson, major; Nat Brown, adjutant. Organized at Nashville in 1864. Services were mainly at Clifton and other parts of Wayne and other counties. Company A — T. J. Cypert, captain; Jas. Moore, first lieutenant; C. C. Stribling, second lieutenant. Company B — W. A. Harrison, captian (afterward Sam H. Martin); E. D. McGlamery, first lieutenant; Elias Thrasher, second lieutenant. Company C — A. J. Roberts, captain; Wm. Barnett, first lieutenant; Alfred Cottham, second lieutenant. Company D — C. W. Shipman, captain; Phillip Howard, first lieutenant; Asberry Thompson, second lieutenant. Company E — Henry D. Hamm, captain; J. J. Bromley, first lieutenant; G. H. Brewer, second lieutenant. Company H — Geo. E. Huckaba, captain; John Judd, first lieutenant; Wm A. Skillern, second lieutenant. Company I or K — A. Garner, captain; Mr. Barnett, first lieutenant; Mr. Glasgow, second lieutenant. These were all in the Second Tennessee Mounted Infantry.

Sixth Tennessee Cavalry was composed of the companies of Capt. G. Berry and Capt. D. I. Dickerson. The Eigth Mounted Infantry consisted of the company of Capt. C. W. Shipman, formerly of the Second Tennessee, as above, with E. V. Truman as first lieutenant. Eldridge’s artillery consisted of Lieut. Wright and a few men from different parts of the county.

The schools of Wayne County were entirely isolated in their character till 1843, when Ashland Academy was built. This was built under the old seminary law. This building stood a short distance southwest of the Public Square of Waynesboro. The first trusttees were John McDougal, Nathan Biffle, J. L. Ross, Abraham Montague, D. L. Jones, R. W. Kendel, S. D. Mack and T. M. East. In 1849 the funds had so accumulated that an additional academy was erected. This was called the Female Academy, and stood on Lot 31, where the college building now stands. The building was under the same board of management as the other. These served the public until the reorganization of the schools since the war. In 1885 was erected in Waynesboro the new school building known as the Waynesboro College. This was built by a joint stock company of leading citizens of the place and vicinity. This is an excellent building and is managed as a consolidated school. The schools of the county were organized under the present system in 1873, by James Anderson, county superintendent. A comparison of superintendent’s reports for 1880 and 1885, the only ones available, will show the increase in attendance and number of the public schools. In 1880 the number of scholastic population was white, 3733, colored, 334; total, 4,076. Number of teachers in the county: White, 56, colored, 5: total, 61. The enrollment during the year was 2,577, white and 127 colored. The average attendance was 2.003 white, and 98 colored. The county then had 1 brick, 12 frame and 20 log schoolhouses, and expended for schools $2,109.95. The scholastic population for 1885 was 4,180 white and 392 colored; total, 4,572. The pupils enrolled were 3,042 white and 297 colored; total, 3,339. The average daily attendance was 1,861 white and 200 colored, or 2,061 in all. The number of schoolhouses was 19 frame and 26 log houses, the whole number being 45. The whole number of schools in the county, however, including females’ schools, was 75, 67 of which were white and 8 colored. The total amount expended for that year was $6,546.62.

The first Methodist Church erected in the county was built just east of Waynesboro, at the grave-yard, about 1820. This was a small log building, and served as a place of worship till 1840. In That year the lot opposite Capt. P. H. Cray’s residence was deeded by Thomas Boshers to D. J. Jones, John McDougal, Thomas Boshers and Thomas East, as trustees of the church. This was a frame building and stood till the war. In 1878 one wall of the Cumberland Church fell, and was repaired by the Methodists and Masons. The Methodists were allowed an interest in that building. The Methodists also have churches at Indian Creek and a camp-ground was also established there in 1859; the trustees having been A. G. McDougal, J. B. Biffle, W. T. Childress, A. P. Denning, J. J. Denning and W. Roachwell; one at Culp’s Chapel, built in 1877, Eagle Tannery, Clifton, Ashland, Flatwood, Furnace Branch, El Bethel and Beech Creek.

The first Primitive Baptist Church was built near the mouth of Forty-Eight about 1820. To this belonged the Russells, Biffles, Walkers and Thompsons. This church is still sustained with a good membership. The church on Hardin Creek is half a century old: also the one at Goshen, in the Sixth District, is nearly as old. There is also a church of this denomination on Upper Indian Creek. Churches of more recent datestand in the First and Ninth Districts. The founders of these older churches have long since been “gathered to their fathers.”

By far the most numerous branch of the Baptist family is the branch known as the Missionary Baptists. The oldest organizations of this church are at Indian Creek and Philadelphia, each of which dates back more than a half a century. Besides the two mentioned, there are churches at Green River, Zion, Friendship, Bethlehem, Union, or Beech Creek, Holly Creek, Chestnut Creek, Oak Grove, Macedonia, Rayburn Creek, Pleasant Valley and Leatherwood. The aggregate in membership amounting to about 700. Besides these, there are a number of Free-Will Baptists in the county, there being a church of this denomination at the head of Factor Fork and at Oak Grove; also a number of others.

The first Cumberland Presbyterian Church erected in this county was perhaps, the church at Waynesboro. This was erected about 1830 by the Presbyterians and Masons. The church at Clifton was built in 1859; they are both substantial brick buildings. This denomination has churches at Shady Grove, Ashland, New Providence and Mount Olive.