University of Virginia Library

District Courts.

The General Assembly at its session in the year 1784, for the purpose
of rendering the administration of justice more expeditious
and convenient and less burthensome to individuals and to the
Commonwealth, passed an Act establishing courts of assize throughout
the Commonwealth, for the trial of issues and inquiry of damages,
in suits then pending in the General Court, and such as may
thereafter be brought, and also for the trial of all treasons, felonies
and other crimes and misdemeanors that should be brought before
the court. This court was to be held by two judges of the General
Court, and it was directed that all verdicts of said court should be
certified to the General Court at Richmond. The State was divided
into districts. The counties of Montgomery and Washington
formed one district, and it was directed that this court of assize
should meet at Washington Courthouse and Fort Chiswell, alternately,
on the 10th day of May and on the 11th day of October of
each year. This Act never went into operation, but after several
suspensions it was succeeded by an Act of the Assembly, in the year
1788, establishing district courts.

The Act establishing the district courts became a law on the 22d
day of December, 1788, and directed that the Commonwealth, except
the district of Kentucky, should be divided into districts, and a
superior court held in each on the 9th of June and the 9th of
November in each year.

The counties of Washington, Montgomery and Russell composed
one district, and it was directed that a court should be held at Washington
and Montgomery courthouses alternately, on the 2d day of
May and the 2d day of October in each year. This court was to
be held by two judges of the General Court assigned for that purpose.
The jurisdiction of the district courts, as fixed by this Act,
was as follows: "Over all persons in all causes, matters or things at
common law, then cognizable in the General Court, amounting to
thirty pounds sterling money or 3,000 pounds of tobacco, whether
brought before the court by original process or by appeal from the
County Court." This court was given the power to hear and determine
all treasons, murders, felonies and other crimes and misdemeanors
committed within their district.

Claiborne Watkins was the first clerk of this court, and lived at
Abingdon and discharged the duties of this office for many years.

The Act establishing the district courts was amended in December,

1789, and it was directed that Washington, Wythe and Russell
counties should form a district, that the next court for said
district should be held at the courthouse of the county of Wythe,
late the courthouse of the county of Montgomery (Fort Chiswell),
and that, thereafter, every court for said district should be held at
Washington courthouse. This court continued to exist until it was
succeeded by the Superior Court of Laws, established in the year
1808.

The General Assembly in the year 1777, established a High Court
of Chancery composed of three judges selected by the General
Assembly and commissioned by the Governor, to hold office during
good behavior. This court was held at Williamsburg and afterwards
at Richmond, in the months of April and September of each year,
with a general jurisdiction over all persons and causes in chancery,
whether by original process or appeal, where the amount in controversy
exceeded ten pounds. The judges of this court were afterwards
reduced to one, George Wythe, who was the president of the
first court.

On the 23d of January, 1802, the General Assembly of Virginia
divided the State into three districts and established a superior
court of chancery in each. The county of Washington was included
in the Western District, and the High Court of Chancery for this
district was directed to be held at Staunton on the 12th of March,
the 1st of July and the 15th of November of each year. This court
exercised the jurisdiction formerly exercised by the High Court of
Chancery as originally established, and was to be held by a judge
selected by the General Assembly and commissioned by the Governor.

The Honorable John Brown, of Staunton, was elected judge of
this court and discharged the duties of the same until the year 1827,
when he was succeeded by the Honorable Allen Taylor, of Botetourt
county, who discharged the duties of this office until the year 1831,
when this court was merged into the Circuit Superior Court of
Law and Chancery.

The General Assembly in 1818 divided the Commonwealth into
nine districts, instead of three districts as formerly, and directed
that a Superior Court of Chancery should be held in each of said
districts.

The counties of Lee, Russell, Scott, Washington, Tazewell, Wythe,
Grayson, Giles and Montgomery composed the Eighth District, and

a Superior Court of Chancery was held at Wythe courthouse on the
Monday first succeeding each term of the Superior Court of Law
for the said county in every year, and after this time a Superior
Court of Chancery was held at Wythe courthouse, by Judge Brown
until 1827, and by Judge Taylor until 1831.

A portion of the records of this court are still to be found at
Wythe courthouse, and present to the practicing attorney at this
day a clear idea of the proceedings of the court of that time.

During the existence of this court, every paper connected with a
chancery cause was recorded in the minute book of the court, and
in one case decided by this court the process, bill, answer, depositions
of witnesses and other papers connected with the suit fill one
entire book of several hundred pages.[19]

The General Assembly, on the 1st of February, 1808, amended
the Act of 1789 establishing the district courts, divided the Commonwealth
into twelve districts, established a superior court of law
in each of said districts and directed that a judge of the General
Court should be allotted to each of said districts and should hold a
superior court of law twice a year at the courthouse of each county
in said district.

The counties of Grayson, Washington, Lee, Russell, Tazewell,
Giles, Montgomery and Wythe composed the Fourth Circuit, and
the Hon. William Brockenbrough, a judge of the General Court,
was assigned to this district and discharged the duties of the same
with marked ability until May, 1811, when he was succeeded by the
Hon. Peter Johnson,[20] a judge of the General Court, who discharged
the duties of the office until June 6th, 1831, when the Superior Court
of Law was merged into the Circuit Superior Court of Law and
Chancery.

The General Assembly of Virginia, pursuant to the provisions of
the Constitution of 1829-1830, rearranged the courts of the Commonwealth
and established the Circuit Superior Court of Law and
Chancery, which court superseded the Superior Court of Law and
the Superior Court of Chancery.

The first session of this court was held at Abingdon on the 6th

of June, 1831, Benjamin Estill presiding. This court continued to
be the principal court of this section until the year 1870, when some
alterations were made in the jurisdiction of the court and the name
was changed to the Circuit Court.

The judges presiding in this court during its existence have been

1831-1852, Benjamin Estill.

1852-1857, George W. Hopkins.

1857-1862, Samuel V. Fulkerson.

1862-1869, John A. Campbell.

1869-1870, John W. Johnston.

1870-1895, John A. Kelly.

1895-1904, John P. Sheffey.

Judge Fulkerson, in the spring of the year 1861, was elected colonel
of the Thirty-seventh Virginia Regiment of Volunteer Infantry,
in which capacity he served until the fall of 1862, when he
was shot and killed in one of the battles near Richmond. During his
absence in the army Judges Andrew S. Fulton, David McComas and
G. D. Camden presided over the courts held at Abingdon.

The Constitution adopted in the year 1902 made some alterations
in the courts of the State, and the General Assembly of Virginia on
the 12th day of February, 1903, elected Francis B. Hutton, of
Abingdon, judge of the Twenty-third Circuit, composed of the counties
of Russell, Washington and Smyth.

Upon the organization of the district court in the year 1788,
Claiborne Watkins was appointed clerk of the court, and, as far
as I can ascertain, he and Andrew Russell performed the duties of
this office until the year 1830.

The clerks of the old District Court, the Superior Court of Law,
the Superior Court of Chancery and the Circuit Superior Court of
Law and Chancery were appointed by the court until the year 1852,
and from that time they have been elected by the people. The clerks
of the Circuit Superior Court of Law and Chancery and the Circuit
Court have been as follows:

1831-1838, Andrew Russell.

1838-1852, Connally F. Trigg, Sr.

1852-1865, Peter J. Branch.

1865-1869, David Campbell Cummings, Sr.

1869-1870, John O'Neal.

1870-1871, Dr. A. R. Preston.

1871-1887, L. Thomson Cosby.

1887-1893, John G. Kreger.

1893-1904, John M. Kreger.

When an effort was made to secure the photographs of the
deceased judges of this court for use in this history, the propriety of
securing and placing their photographs in the courthouse of this
county was discussed by several members of the bar, and, as a result,
a meeting of the bar was called for the 8th of October, 1901, which
meeting, after discussing the matter, appointed Daniel Trigg, James
L. White, F. B. Hutton, R. M. Page and L. P. Summers, a committee
to secure the portraits of the deceased judges of this court and to
make the necessary arrangements for hanging said portraits in the
court-room of the court, and to wait upon the Board of Supervisors
of this county and request that they place the court-room in a suitable
condition for said portraits. This action of the bar was made an
order of the Circuit Court. The committee appointed proceeded to
the discharge of their duties and secured portraits of Judges Peter
Johnston and John W. Johnston from Dr. George Ben Johnston,
of Richmond, photographs of Judges Samuel V. Fulkerson and
John A. Kelly from Colonel Samuel V. Fulkerson and Joseph L.
Kelly, of Bristol, and photographs of Judges Estill, Hopkins and
Campbell from friends.

The Board of Supervisors in answer to the request of this committee
appointed J. D. Williams, J. O. Susong and J. C. Hayter, of
the board, and James L. White, W. I. Newton and F. B. Hutton
outside thereof, a committee to superintend the repairs to the courthouse,
and by the spring of the year 1903 the repairs were completed
and the committee reported their proceedings to the judge of the
Circuit Court. Their report was received and entered of record,[21]
and thereupon the court appointed L. P. Summers, Preston W.
Campbell, John W. Neal, W. H. Robertson and John J. Stuart a
committee to arrange a program for the exercises attending the presentation
of the portraits of the deceased judges to the county of
Washington.

This committee arranged a program and reported their action to
the court, which report was received and made a matter of record.[22]

The presentation exercises were held on the 11th day of May,
1903, and the following program was rendered on that occasion:

Chairman, Judge John P. Sheffey.

Secretary, John M. Kreger.

Portrait of Judge Peter Johnston.

Speech of presentation by Captain J. L. Whit

Portrait of Judge Benj. Estill.

Speech of presentation by L. P. Summers, Esquire.

Portrait of Judge G. W. Hopkins.

Speech of presentation by Daniel Trigg, Esquire.

Portrait of Judge S. V. Fulkerson.

Speech of presentation by Judge R. M. Page.

Portrait of Judge John A. Campbell.

Speech of presentation by William E. Burns, Esquire.

Portrait of Judge John W. Johnston.

Speech of presentation by D. F. Bailey, Esquire.

Portrait of Judge John A. Kelly.

Speech of presentation by Judge John A. Buchanan.

Manuscript remarks of Hon. Patrick Hagan read by John J.
Stuart, Esquire.

Speech of acceptance on behalf of the Supervisors of Washington
county, Judge F. B. Hutton.