The watchman and southron. (Sumter, S.C.) 1881-1930, October 23, 1907, Image 1
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
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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,