University of South Carolina Libraries
vmm Hwm watchman. 6eaaol Mated lie. ?.1881, Cbt ?atctmaii anh ^autbron. ?1 OSTEEN PUBLISHING COMPANY, ?UMTS* a? a ll.lt per annum?la advanoa. Adveattsesstsats: 8ouar? first insertion.SMO subsequent lnaartloo.61 Contracts for throe months, or ?**ar wUJ ba mads at reduced rates* AH somasaatoaUone which sub prlvats Interests will ba charged iata. and tribute* of ras pacts ?n ba charged for. COURT HOUSE DEDICATED. KKERCIKKS SLCCES8FVLLY CAR. R1KD Ol'T TODAY. Crowd Present Heard Some kddreeern by Leading Ju sad Attorney* of the State? Highly Complimented. When the hour arrived on Mon? day top the dedication exercises of the asw Court House, ths large and splen? didly equipped court room was packed with one of the most representstlve aad intelligent sudlences ever assem? bled la 8umter. There were hun dreda of ladles present and scores of visitors from other counties. Proba? bly over s thousand people were pres sat ha the court room. It la needles* to say that the hand asase building was thoroughly exam? ined by all present and everyone hsd words of praise for the "temple of Justice" and for those In charge of ths work of erecting it. After ths speakers of ths occasion, ths presiding Judge, and the local bar association had marched Into the room, ths court of general sessions via convene^, with Judge Oeo. E. Prince presiding, and Court Stenog? rapher I* m\ Wood In hla place. Un fortunately Solicitor W. H. Walla was detained from being present on ac? count af Hit ^?TSasoiJablT abeent from the sa-1 Ths exercises were opened with prayer by Rev. H. H. Covlngton upon motion of ths president of the Sumter Bar Association. R. D. Lee. Eaq. Hon. R. L Manning, representing the county commissioners, was pres? ented and mads s short but pointed address on ths work of building the Court House. His address was really a short historical sketch of the build? ing. He then turned over the keys of ths building to Judge Prince, who represented the department of just:ce, aad who accepted them in a few well chosen words. Judge Prince then charged the grand Jury. In the absence of So? licitor Wells, on account of slkness, and aa no bills had been presented. Judge Prince simply charged the Jury? men in a general way on their du? ties. His charge, as usual, was very explicit and he laid great weight on the oaths' taken by them In assuming the office of grand Jurymen. The Judge said that he would release any man aaj the Jury who could ^bt keep his mouth shut on matters pertain? ing to the State'a evidence as given them by the solicitor. He said he would prefer a man's wife on the grand Jury In place of the man. if he could not keep from talking. Th ? tudge Uld Importance on the examin? ing of the county offices by the Jury. He said they should not fool the peo? ple by making ?he usual report that everything In the offices were all right. The examination should be made thoroughly. Supervisor Seals; received a high ?'.rlbute when Judge Prlnre referred to his office andN the beautiful court building which he had the supervision of In Its building. A strong plea wae made for better sala? ries for the office of supervisor and superintendent of educstlon In all of our counties, and, also, for better sal? aries for the teachers of the State. In conclusion. Judge Prince said that Humter had the beat court house In the State. He said the magnificent building was an uplift to Justice and would encourage the people to do what Is light Judge Prince ssld he wished Columbia would charter a train and send all Columbia to Sumter to aee what a decent court house looked like, He said that he waa profoundly grate? ful that he had been caused by Prov? idence to christen the Court Hou*e. Hon. Y. J. Pope, chief Justice of the State supreme court, was next Introduced and made an address which was very fitting to the occasion. He referred to the addres* ??f Ju<lge Prince saying that his Word?, weis Inspired by the handsome building. If. dwelt on the thought that such a hoautlful building should Inspire all of the cltlaena and make them feel Ished April, 1850. 'Be Just ai SUM1! that Justice U to be given to every? one. Hon. Eugene E. Gary, senior Justice of the supreme court, next spoke sav? ing thst the building showed that the people of Sumter believed In law and order. He, also, said that It was the most beautiful temple of justice In the State. Most of his address was read and was beautifully expressed. It was a general review of the judicial devel? opment of the world. Hon. C. A. Woods, Junior justice of the supreme court, addressed the court and audience next. He referred to the fact that his family were from Sumter county. His nddre?s showed deep thought and was a beautiful tribute to the work of erecting ttve handsome Court House. In speaking of the amassing of the great wealth -?f the country, he asked If we should (ose our sense of the beautiful in gain? ing wealth, and should we, also, lose our sense of Justice? He spoke of practical justice as It is among our? selves in this State. Justice begins in the home and in the hearts of the peo? ple. The first trial of all comes In the heart of the man who may think he has a cause against his neighbor on account of his greed for wealth. The second trial comes in the lawyer's office. He has no right to protect a cause he knows to be wrong. Much wrong and Injustice perishes at the table of the honest lawyer. Hon. Thos. G. McLeod, lieutenant governor of the State, wag Introduced and made a brief but Interesting ad? dress. He referred to his being a na? tive of Sumter county, although he waa now from Lee, having been cut off. He gave some interesting remin? iscences of the work of long aao. Maj. H. Frank Wilson then gave a most interesting historical ske;ch which Is published In full. Maj. Marlon Moise next moved that the proceedings of the day be placed on the Journal of the c >urt, n hu h was ordered done. The exercises being then concluded, court adjourned for the day. 1 INTERESTING ADDRESS BY MAJ. BL FRANK WILSON. A Brief BBsssefswl Bkeedi of Sum tee! District (Now County) Rend at the Dedication of the New Court House, October list, 1P07. History, defined by Webster, is the knowledge of facts and events put Into a formal 'statement?a systematic written account of events?a true story as distinguished from romance. And Carlyle says "Histories are as perfect as the historian is wise, and is gifted with an eye and a soul." Pope knew the value of History when he said of Caesar. "Justly Caesar scorns the poet's lays, It is to History he trusts for praise." In discussing a short time ago some so-called statement of facts, Mr. T. E. Richardson, now judge ot probate for Sumter county, made this remark: "I regard History as a matter entirely too sacred to monkey with." As far as time and opportunity have allowed I have endeavored to verify the statements made herein, and for the most part they are taken from the statutes and resolutions pased by the general assembly of South Carolina, from statements contained in O'Xeall's trench and Bar, and from statements contained in the History of the Old Cheraws; but there are some state? ments herein which I have been obliged to take at second hand, as traditions handed down from sire to "on, with no purpose to "monkey with History," but only because they were necessary in order to make a connected statement of events. Thes?* latter statement may or may not be historic facts. In 17S3 the Legislature of South Carolina pasvod an ordinance appoint? ing commissioners and directing them "to lay off and divide the respective districts hereinafter assigned to them Into counties of convenient size, of not more than 400 square miles, un? less where the number of Inhabitant* and situation of the land requires some deviation." In this ordiance the commissioners appointed for thv district of Camden were Thomas Sumpter. Richard Richardson, Fred? erick Klmball, Thomas Taylor, Rich? ard Wlnn. Edward Lacey and John Moffett. In 17?5 In the Ninth year of the Independence of the United State of America. the Legislature then In session in the city of Charleston, pass? ed an act entitled: "An act for laying off the several Counties therein men? tioned, and appointing Commission? ers to erect the Public Buildings." In this act the several districts of tho State were divided Into counties ms follows I The district of Ninety-Six Into six counties, the district of Camden Into seven counties, the district of Ker fid Fear not?-^Let all the ends Thou Alu ?ER. S. O . WEDNF.F shaw Into three counties, the district j of Georgetown into four counties, the [ district of Charleston into six coun? ties, the district of Beaufort into six counties, the ^District of Orangeburg Into four counties. Out of this division of the district of Camden came thefcformatlnn of the counties of Clarendon and Claremont, described as follows: One county beginning on the Wa teree at Person's Island, thence in a straight line to Black River at Pot? her's plantation, thence by the widow Grymes' plantation, straight to Lynch? es Creek: then down the creek to the district line, thence along the said lino until it intersects the line of Prince Frederick's Parish, thence along said line to Santee, thence along Santee River to the beginning and shall be called by the name of Clar? endon county. One other county bounded by Clar? endon county line, thence up the Wa teree to the mouth of Pine Tree Creek, thence along said creek to Cantey's bridge, thence In a straight line to the Fork of Lynch's Creek, thence down said creek to the corner of Clarendon county line, and shall be called Claremont county. Under the constitution of 1790, Clarendon county was ( allotted two members in the house or representa? tives, Claremont county two members, and the two counties together, one member of the senate. In 1792 the dividing boundary line between Claremont and Kershaw counties was fixed by the Legislature, which is the present boundary line be? tween Sumter and Kershaw and be? tween Lee and Kershaw. This boundary line was fixed by the Legis? lature as follows: The said boundary line "shall commence and Run from Bpivey's Ferry in a direct line running to the fork of the Road at Garret's Old Feld, from thence to the Mouth of a small gut which runs out of Wateree River to Swift Creek above Gen. Sumter's Plantation, from thence up the middle of said Gut to the Wateree River." / In 1792. a new county was estab? lished by act of the Legislature, form? ed out of parts of the counties of Clarendon and Claremont, to he known as the county of Salem. The following are the boundary lines as fixed by the Legislature: "The line to form the said County shall begin at the District Line of Georgetown on Black River, shall thence run on said Line to Lynch's Creek, and from thence up said creek to the Kershaw line, thence on said line to Scape O'er Swamp; thence down Scape O'er Swamp to Black River, and down Black River to the begin? ning of the Georgetown District Line." In 1798 an act was passed by the Legislature of South Carolina enti? tled "An Act to establish an uniform and more convenient system of judi? cature," in which It was enacted "that the three Counties of Clarendon. Claremont and Salem shall form one District, to be called Sumter District, which said District shall comprehend the saM three Counties as heretofore established by actual Survey." This Is the origin of Sumter Dis? trict now county. The last act above referred to fur? ther provides: "That James DavlJ. William Taylor, Thomas Sumter. Jr., Herbert Reese, George Cooper. John Cassels, and John Witherspoon, Jr., shall be. and they are hereby appoint? ed Commissioners to ascertain and fix upon the most central place for the erection of a Court H^use and goal In the District of Sumter, and they are hereby directed to advertise for undertakers of the said Building, nnd to report the terms to the next Sitting of the Legislature. And that until the said Court House and goal shall be In sufficient condition for the Sitting of the Court, the said Com? missioners shall fix upon a proper place for the Sitting of the same." In 1799 the Legislature made the following Provisions for the errection of a Court House and goal for the Dis? trict of Sumter; "And for Blimter Dis? trict, nt or near the Plantation of John Gayle, and until a Court House shall he built, the Court of said Dis? trict shall be held at the House of the said John Gayle, and that John Peter Richardson. Reuben Long and John Irvin James be appointed Com? missioners to contract for and super Intend the building of said Court House and goal." The John Gayle House referred to in this Act was the single story house which stood at the Northeast corner of what Is now Main and Canal Streets In the City of Sumter, being the prem? ises on which R. S. Hood now resides within the shadow of the new Court House. It Is entirely probable that for seve? ral years the Court f??r Bumter Dis? trict was held in John Gayle's house. This Inference comes not only from the traditions handed down, but from ref? erences which will appear hereafter In ? an ft ; ixn't at be thy Country's, Thy God's fu S>. Y, OCTOBER 23 this paper to the building of the Court House and the re-building of the goal which was burnt about the year 1804 or 1805. In the Records of the Clerk's Office for Sumter County in Book I, at page 248, there is a Deed dated September 27th, 1801, by which John Gayle con? veyed to Richard Harvln a plantation of eight hundred and fifty acres for the sum of Five thousand dollars. The description in said Deed describes the plantation as being "in Sumter Dis? trict, at the place where Sumter Court House now stands," and exempts from the said Deed two lots to the public as having before that time been sold to the public for ihe purpose of erect? ing a Court House and Jail. In the possession of R. L. Cooper, Esq., a Member of the Sumter Bar, there is a plat of some of the John Gayle lands, showing the original lay? ing out of the Town of Sumterville. This plat was made by John McDon? nell, D. S. and bears his certificate as follows: "This above plan represents] Sumterville, according to the last sur? vey made by me 25th January, 1804." This Plat of Sumter shows that what is now Main Street was then called "Broad Street," and shows also Sumter Street, Harvin Street and Liberty Street as they no^w are; and shows the two public lots'of one acre each on opposite sides of what was then "Broad," now Main Street. The acre lot on the western side of i Main Street above referred to was the one upon which the Court House was built, and remained intact until re? cently sold for the purpose of build? ing the present Court House. The lot on the eastern side of Main Street above referred to, upon which the Jail was originally built, passed Into other hands, and is occupied now partly by stores and by the Opera House of the City of Sumter. The official records of Sumter Dis? trict begin in January, 1802, and show that Sumter District, Claremont Coun? ty, Clarendon County and Salem County, were all at that time organ? ised. The counties being election counties, and Sumter District being the Judicial District. There appears on Record Book "A" 15? the clerk's office for Sumter Coun? ty, at page 19, the affiidavit of John Horan, Clerk of the Court, which shows the exact date of the burning of the clerk's office in Sumter Dis? trict. I South Carolina, Sumter District. Personally appeared John Heran, who being duly sforn, deposeth and salth that John Marant, Esq., deposit? ed in his Office, as Clerk of the said District, a Deed in Trust from Ann Bay and William Bay to Wade Hamp? ton and the said John Marant for twelve negro slaves, for the use. ben? efit ami behoof of the children of William R. Davis, deceased, and that the said Deed was consumed by fire In his office on the 27th day of No? vember, last. Sworn to br fore me this 14th day of January'. 1802. (Signed) John Horan. (Signed) William Marant, J. R. & Q. U. (16th Jan. 1802.) The following la taken from th^ Acts of the General Assembly of South Carolina. December Session. 1801: "Whereas, by the destruction of the public records and Minutes of the Court of Sumter District, by fire, which consumed the Clerk's Office, and all of the papers therein contain? ed, the names of the Jurors drawn regularly at the last November Court were thereby burned and lost; in order therefore to remedy and avoid the inconveniences and evils that may arise from delay of justice, for the want of a Jury to serve in the Courts of Sessions and Common Pleas for .Sumter District at the next Spring Cir? cuit; RE IT THRBPORB EXACTED by the Hona-oble the Senate and the House of Representatives, now met and sitting In General Assembly, and by the authority of the same, That it shall be lawful for the Clerk of the said District to require, by a Sum? mons under his Hand and Seal, the attendance of four Justices, whereof two shall be of the quorum, to be and appear? at the Court House of said District, on the fifteenth day of January', next; and that the Clerk and Sheriff of said District shall, then and there proceed to draw, In the presence of the said Justices aforesaid, a law? ful number of Jurors, from the Jury Box of said District, according to the directions and references contained In an Act of Assembly of this State, passed on the 18th day of December. In the year of our Lord one thousand seven hundred ninety-eight, entitled "*An Act for the establishment of an uniform and more convenient system of Judicature." Between the years isoo and iso4 (the exact date I have been unable to ascertain) the Court House :?t Sum? terville was erected on the lot of id Truth's." THE TIU 1)07 Sew 8 land bought from John Gayle, as above referred to, being located on the west side of what was then called "Broad,''1 now Main Street, and the Jail was built on the opposite lot. Within these years the jail was burned, and the Court House was in an unfinished condition as appears by Resolution of the General Assembly passed December 13th, 1804, as fol? lows: "The committee to whom was re? ferred the Petitions from the inhabi? tants of Sumter District, Praying for the rebuilding of the jail and finishing the Court House of said District, Re? port, that the allegations therein con? tained are true; they therefore re? commend that George Cooper, Lee Grand Gary, Mathew Moore, J. P. Richardson and Robert Dowe, be ap? pointed Commissioners for rebuilding the said jail and finishing the Court House, and that a sum not exceeding three thousand dollars be appropriate ed for the same." j And also by the Resolution of the General Assembly passed on Decem? ber 19th, 1806, as follows: "The Committee on Public Build? ings' beg leave to Report to this House, that they have made enquiry respecting the unfinished state of the Sumter Court House, and find that all of the money originally appropri? ated for building the jail and Court House of Sumter District has been ex? pended; that at the Session of the leg? islature in Decemberr, 1804, the sum of Three thousand dollars was appro? priated for building a new Jail In room of the first which was burnt; that of the sum so appropriated, there re? mains unexpended, a sum not exceed? ing two hundred dolalrs, which may be appliend to the repairs of the Court House. They have further examined, and find that to complete the Court House and put it in a state which will make it comfortable and convenient for holding Court It will require at least a sum not exceeding one thousand dollars; they therefore recommend, that an appropriation of eight hun? dred and fifty dollars be made for that purpose." That the Counties of Claremont, Clarendon and Salem were election counties appears by Resolution of the General Assembly passed In Decem? ber, 1801, providing Voting Places and managers of Election for mem? bers of the House of Representatives, and Senators, on the Second Monday In October, 1802, as follows: "For Claremont. at Statt burg? managers, Capt. John Moore and Richard Haynsworth; and in Salem, at Alexander's?managers. Samuel Bradley and Robert Wilson. Two days at each place. To elect one Senator. In addition to the Constitutional num? ber of Representatives. The managers it was a wooden building, which was moved off of the Court House square and afterwards used as a hotel. The first brick building was probably erected about the year IS20. The brick for which building was made in Sumter County within a mile of the Court House, near the site of the present Sumter Brick Works. By Resolution of the General As? sembly, dated, December 5th. 1817. an appropriation of two thousand dol? lars, if so much be necessary, was made for th*1 repairing and enlarging of the Court House in Sumter District. This Resolution was passed in re? sponse to the request of the Grand Jury of the Sumter District. On December 5th, 181S, the As? sen My passed a resolution in refer? ence* to the building of the Court House In Sumter District, which is as follows: "That the Commissioners appointed at the last Session he discharged from further duty and that the sum of eight thousand dollars be appropriat? ed for building a Court House, in ad? dition to the sum of two thousand dollars appropriated last year for re? pairs. Fr >m the information obtain? ed by your Committee, the present building is too small for so large and populous a District, and that the ap to meet two days after at Sumter Court House, to count the votes for Representatives, and joint Senator for Claremont and Clarendon and de? clare the election. For Clarendon?at the Court House?Managers. Edward Richardson, Jr., and John Conyers. and at Captain Wttherspoon'l Muster field In Salem County?Managers, Robert McFaddln and William Ken? nedy. Two days at each place. To elect one Senator, In addition to the Constitutional number of representa? tives for said District, for the Counties of Clarendon and Claremont. The Managers to meet the day after at the house of William Rlchbourg to count the votes for the representatives for said County; and on the second day, at the Sumter Court House, t<? count the votes for the Joint Senator for Claremont and Clarendon, and de? clare the election." I gather from tradition that th? ?011 IB SOUTHRON, ErtabUlbed Jane, eries?Vol. XXVII. Nol first Court House built In the Village of Sumter, was a wooden building; some say, built of hewn logs, otheraT say a frame building. However thlsV may be, it is entirely probable that propriation for repairs would only be an expense without any advantage* Your Committee also recommend the sale of th old Court House, under the direction of the Engineer." In Mills Statistics of South Caroli? na is found the following account ol Sumterville. This publication waa made in 1826: "Sumterville is properly the dis? trict town, from the circumstance of its being the seat of Justice. Beside* a handsome court-house and jail, the village contains twelve er thirteen* houses, two churches, two or three stores and a tavern. It was founded in 1800, and lies very central to the district though not convenient for trade, as there is no navigable water within fifteen miles. Should it be re? quired, there is very little doubt but that the waters of Black river might be rendered navigable, within a short distance of Sumterville." By the Act of the General Assem bly. December 19th, 1855, Clarendon County' was severed from Sumter Ju? dicial District and was made a sepa? rate Judicial District, to be called by the name of Clarendon District. The Act provides "that from and! after the first Monday in January, in the year of our Lord one thousand eight hundred and fifty-seven, Clar? endon Election County constituting at present a part of the Sumter Judicial district, be and the same is hereby es? tablished and declared to be a sepa? rate Judicial District to be called by the name of Clarendon District, with the same boundaries as provided for by the Act of March 12th, 11W The Constitution of 1868, Art. Section 3, provides "that the Judicial Districts shall hereafter be designated! as Counties, and the boundaries of the several Counties shall remain aar they are now established." By the Act of the General Assembly, dated February 25th, 1902, a new Ju? dicial and Election County to be known as "Lee County" was formed out of parts ol Sumter County, Ker shaw County ?nd Darlington County That the said County of Lee was at- * tached to the Seventh Congressional D'strlct. and was made a part of the Thir? Judic'al Circuit. This brings the History of the Ju? dicial District of Sumter, now County practically down to the present time. As atfpresent constituted. U is e\~ tached tb the Seventh Congressional District aVid is a part of the Third Ju? dicial Circuit The Par of Sumter has furnished many distinguished lawyers to tho State, not a few of whom have worn the Judicial ermine with dignity and ability In a short sketch like this I can do ? no more than to call attention tc* them. The first, of theve distinguished law-' yers and Judges was Thomas Watles, of whom O'Neall in his Bench and Par speaks as follows: "Mr. Wattsa studied Law. was ad? mitted to the Bar 16th August. 1785 and soon rose to great eminence iir his profession. He eras elected on tfie* 2nd day of February, 1789. an Asso? ciate Judge, having thus, at the early* age of twenty-nine, attained to the highest legal distinction He resign? ed and was elected a Judge of the Court of Z iu!ty in December. 1811. la this office he remained until Decem? ber, IS24 wh**n he was assigned to the Circul: as a Law Judge. The dki ties, to escr. e which he had resigned? in 17S9 he p;.tientl>\ and admirably encountere'* and performed until his death. Z3nd June. 1828. % "Thus for thirty-nine years he per? formed the duties of a Judge. He wa* a most patient Judge, yet on one oc? casion, at Sumter. he lost his pa? tience. It was the last day of the Court. He had invited friends to dine with him at his residence ten miles distant. The last case was a sum-* mary process about a hog. If tried he could not enjoy his dinner. He had the Plaintiff called, ascertained tfm* value of the hog, paid him the price of the animal and adjonrt ed tBre* Court. "Judge Wattes was one of the ar? men who. in a quiet and unobtrusive way. won upon the hearts of all men. He was a most distinguished Judger he loved the right, and jmcght tt> do riKht. independent of technical rules.***** The next in order was John Smittr Richardson, of whom O'Neall speafa^ as follows: "From 1835 to 1850, my association with him as a member of the same' Court enabled nv ^o understand and appreciate him mWv highly than I had previously done. "Judge Richardson wa* a clean* headed, honest and just Judge. He had, T believe, as much moral courng?? as any n an with whom I was (Continued on Page TwraO,