University of Virginia Library

County Courts.

"The institution of the County Court originated as early as
1623-4; and as it is the most ancient, so it has ever been one of the
most important, of our institutions, not only in respect of the
administration of justice, but for police and economy. They were
first called monthly courts. At first only two of them were established,
and their jurisdiction was jealously limited to petty controversies,
reserving for the party cast the right of appeal to the Governor
and Council, who were the judges of what were then called
quarter courts. In 1642-3, the style of monthly courts was changed
to that of county courts, the colonial assembly having previously
begun and continuing thenceforward to enlarge their duties, powers
and jurisdictions and to extend the system to every county, as it
was laid off. As early as 1645 they had been matured into courts
of general jurisdiction, in law and equity, and the most important
duties in the matters of police and economy were confided to them.
In 1661-2, the Governor and Council were constituted itinerant justices,
to sit in the county courts, but that provision was repealed the
next year. Hitherto the judges of the county courts had been styled
commissioners of the county courts, but in 1661-2 it was enacted
that they should take the oath of justices of the peace and be called
justices of the peace. These tribunals now assumed a perfectly
regular form and their functions were ever after so important
that their institution may well be considered as a part of the Constitution,
both of the colonial and the present government. No
material change was introduced by the revolution in their jurisdiction
or general powers or duties of any kind."[17]

The county court remained unchanged until the year 1850, and

it is impossible for any man to estimate the character and utility of
this system without actual experience of its operation. The members
of this court, prior to 1850, were recommended to the Governor
by the county courts of their respective counties, were commissioned
by the Governor and held office during good behavior.
They served without pay and were selected by reason of their character
and ability.

The Constitution of 1850 made the members of this court elective
by the people, and they were allowed a small fee for their services.
From this time until the year 1870, we find a great deterioration in
the character of the members of this court, and its efficacy was to a
great extent destroyed. This court was abolished by the Constitution
of 1868.

Can anyone question the character and efficiency of a court presided
over by such men as Arthur Campbell, William Campbell,
Daniel Smith, William Edmiston, James Dysart, John Kinkead,
Robert Craig, James White, John Goodson, Robert Davis, John
Gibson, Reuben Bradley, James Cummings, John Preston, Jr.,
Francis Preston, Charles Tate, William P. Thompson, Thomas
McChesney, John M. Preston, John Eakin, M. B. Tate, Tobias
Smith, Henry Davenport and many others, presiding justices of this
court during its existence?

Upon the abolition of the old county court by the Constitution
of 1868, a new institution came into existence, to-wit: the county
court of the present time. This court exercised a criminal jurisdiction
concurrent with the Circuit Court and a limited civil jurisdiction.
The first session of this court in this county was held on the
25th day of April, 1870, Judge R. M. Page presiding, Leonidas
Baugh clerk, and Beverly R. Johnston Commonwealth's Attorney.

This court has been abolished by the Constitution of 1902, and
will cease to exist on the first day of February, 1904, and such a
thing as a county court will no longer be heard of in this Commonwealth,
after an existence of nearly 300 years.

The judges presiding in this court since the date of its formation
in 1870 are as follows:

1870-1880, R. M. Page.

1880-1881, George W. Ward.

1882-1886, William F. Rhea.

1886-1887, Francis B. Hutton.

1887-1897, George W. Ward.

1897-1904, David C. Cummings, Jr.

The attorneys representing the Commonwealth in this county
from the organization of the county until the year 1850 were
appointed first by the Attorney-General of the State, upon the
recommendation of the county court, and were after that time
elected by the county court.

The first Commonwealth's Attorney of Washington county, being
the first lawyer qualifying to practise in the courts of this county,
was Ephraim Dunlop, who came from Pennsylvania. He had but
one leg, the other having been amputated above the middle of the
thigh. He had some capacity, but was a drunkard. He was
appointed prosecuting attorney for this county in the year 1777, and
was pretty severe upon the Tories, many of whom had taken refuge
in the mountains. On one occasion Dr. Brooks, whose right arm
was palsied, was passing along the road below town when he found
Dunlop, who had fallen from his horse, lying with his foot in the
stirrup and his head on the ground, the horse standing perfectly still
and quiet. The Doctor having no use of his right arm and Dunlop
having but one leg, made the case a difficult one to decide what he
should do. He dismounted, however, and succeeded in getting Dunlop
into his saddle, intending to take him to the next house. After
balancing and straightening Dunlop as well as he could in his saddle,
he mounted his own horse and they started, but in a few yards
Dunlop made a move in his saddle and down he went again. The
horse seemed to be conscious of the state of things and stood still
again. The Doctor dismounted again and raised him to his horse's
back, then, by riding close to him on his leg side, he kept him
from falling until he brought him to a house, half a mile from
where he fell.

When sober, Dunlop was interesting. At the bar he would rise
and place his stump of a thigh on the bar and in that manner steady
himself and then proceed with whatever he had to say to the court.
He was listened to with attention.

After the courts were organized in Sullivan county, he attended
them, and some ten or fifteen years afterwards died on the road
between Abingdon and Blountville. I believe he had no family.[18]

Since the year 1852, the attorneys representing the Commonwealth

in this county have been elected by the people. The attorneys
representing the Commonwealth in this county since the organization
of the county have been as follows:

1777, Ephraim Dunlop.

...., Benjamin Estill.

1831, Henry St. John Dixon.

1831-1837, Edward Campbell.

1837-1855, Samuel Logan.

1855-...., George Eakin Naff.

1855-1863, John H. Ernest.

1863-1865, Joseph T. Campbell.

1865-1869, Rees B. Edmondson.

1869-...., Henry C. Auvil.

1869-1870, J. S. Slater.

1870-...., Beverly R. Johnston.

1870-1872, James L. White.

1872-1884, Connally F. Trigg.

1884-1885, George W. Ward.

1885-1887, John L. Rowan.

1887-1891, John C. Summers.

1891-1895, Francis B. Hutton.

1895-1904, Peter J. Davenport.

The clerks of the county court from the organization of the government
of this county until the year 1852, were elected by the
county court, and since the year 1852, they have been elected by
the people. The clerks of this court from its first organization until
the present time have been as follows:

1777-1779, David Campbell.

1779-1824, John Campbell.

1824-1837, David Campbell.

1837-1858, Jacob Lynch.

1858-1865, John G. Kreger.

1865-1869, James C. Campbell.

1869-1870, Charles McDougal.

1870-1871, Leonidas Baugh.

1871-1887, William G. G. Lowry.

1887-1897, David C. Cummings, Jr.

1897-1904, Robert Preston Cummings.