Henderson County, Kentucky - Chapter 6, 1887

Opening The Roads

y^HE meeting of the first court of Henderson County was the occa- ^^ sion of much rejoicing. The Justices and under officers immediately became sovereign lords, and were gazed at, upon the adjournment of that imposing body, as though they were of shape curious, or had mysteriously inherited the power of relieving all ills. They were courted and feasted, and button-holed, as though they were newcomers, with all authority and power. In those early days the honor attaching to a commission signed and sealed by the Governor was as highly prized as though it was one of our modern papers, ornamented with variagated sealing wax, pink ribbons, or red tape, bearing upon its face the authority to draw upon Uncle Sam for six thousand or more dollars per annum. It was fortunate that there was but little use for money, as there was but little of it to be had. There were no expensive amusements, no extravagant social pastime, no glittering extravagancies, or cultured professionals, to draw from the buckskin wallet shining values for an hour's season with the great masters. But there was an abundance of good cheer; - there was the rude, untutored, uncultured swing, of the wild woods fiddler, as he made the welkin. ring, tickling the souls of unblacked brogans with the inspiring harmonies of " Leather Breeches," " Molly Put the Kettle On," or " Buffalo Gals." Little did those people know of your operas, grand receptions, or swell occasion. A puncheon floor, splintery and unadzed, wheron to dance ; a puncheon table, whereon to place their earthern or wooden tableware, a log-heap, sending its sparks up to the clouds, whereon to broil the richest of meats, and then to swing corners with the rosy cheeked lasses of the wild West, was fashion and glory enough for them. They had their pleasures, and snuffed freedom from every breeze. The woods, barrens and the water courses were theirs ; all descriptions of wild game were in gun shot of their cabin doors. The land was susceptible of the highest culture, and thus the forefathers of many of us stood monarchs over wants, rejoicing, as they had a right to, in a promise of a bountiful plenty showered upon them with an unmeasured hand. To open up the country to travel, to clear out the undergrowth, to settle down to the realities of life, and to regulate the settlement according to the forms of progress and law, became the most important question. The State had been admitted into the Union of States, the county had been recognized by the State, and up to this time the strong arm of the law had seldem ever brought its protecting fold around the few hardy pioneers of the " Red Banks."

The settlement of the county was on the increase, and to keep step with their more advanced neighbors, was one of the determinations formerly fixed Backed by the authority of the young Commonwealth, they began in earnest to open up lands to bring an uninhabited wilderness from its rude originality to green fields of growing grain ; to substitute in place of wolves, herds of cattle and sheep, grazing upon a thousand hills; to bring civilization from a comparatively wild state of individual laxity, by organizing courts, building rude temples of justice, and prison houses - such as their limited means would allow - substituting public roads for the trails of wild animals, clearing up the land for cultivation, and such other things contemplated by law, and the progress of the times in other parts of this great country. The second meeting of the County Court was held in the old log school house on the first Tuesday in August, 1799. The first business coming before the court was the proposition to establish public roads, whereupon the following order was passed :

" Ordered, that Samuel Hopkins, Jacob Barnett and Thomas Willingham, or any two of them, mark and lay off" a road from the Public Square, in the Town of Henderson, to Smith's Ferry, on Green River, and Samuel Hopkins is appointed surveyor of that road from the Town of Hendersr>n to the main fork of Lick Creek, and Thomas Willingham, from the main fork of Lick Creek to the ferry; and it is further ordered, that the said Samuel Hopkins, with his own hands ; Arend Rutgers, with his hands; Jacob Barnett, with his hands; Russell Hewett, with his hands; Joshua Fleehart, Thomas Smith and Rgl^ert B^ird, open the said road and keep it in repair from the public square in Henderson to the main fork of Lick Creek, and that John Kilgore, Thomas Freels, John Knight Nerod Franceway, Elijah Griffith, Lawrence Rawlasson, Jr., William Rawlasson, Isaac Knight, Nathan Young. Jacob Vankird, Michael Hog, Adam Hay, Alt^ McGlaughlin, Thomas Stoll, Charles Davis and his male laboring tithables, Adam Lawrence, Jr., John Lawrence, Isaac Lusade and Jesse Kimbell, upou the said road and keep it in repair from the main fork of Lick Creek, to Smith's Ferry."

This was the first road established in Henderson County. It ran to a point two miles beyond Hebardsville, where it bore to the right, and approached Green River at a point about one, or one and a half miles above the present Henderson and Owensboro Ferry. This was the crossing place for many years, but subsequently changed to Calhoun Ferry, the now crossing place. Under an act concerning public roads passed by the General Assembly, February 25, 1797, this road was surveyed and opened, yet we have no record of viewers even having been appointed. From this it is reasonable to conclude that this route had been opened prior to 1799 and recognized as a public road, considerably traveled. The distance from Henderson to Smith's Ferry was fully twenty miles, and mostly over a hilly, rugged country, hence the difficulties the few men who were required to mark, lay off and keep in repair the said road must have labored under. There were but two surveyors and twenty-eight whites, and four or five colored laboring tithables to do the work required over the whole line of twenty miles, a work which included clearing, grubbing, leveling, filling and ditching thirty feet wide. From the list of men appointed to do this work, the reader may form an idea of the popoulation of the county at that time, remembering, of course, that many of those named lived fully five and some eight miles from the line of the road. Under the law of 1797, all male laboring persons from the age of sixteen years or more, as well as colored male laboring tithables, were appointed by the court, to work upon some public road. This being the first and only public road in the county and only twenty-eight persons to be found within its whole length of twenty miles, it will necessarily be inferred that settlers at that early date were really few and far apart. These few men and boys were required to open and keep this road in repair. The road was to be kept well cleared and smoothed thirty feet wide at least. Bridges and causeways twelve feet wide were to be made and kept in repair, and for a failure to do anv of the work required, the party failing to attend with proper tools for cleaning the road, or refusing to work the same, subjected himself to a fine of seven shillings for every day's offense. To comply with the law, was either an impossibiltity, or else the surveyors were totally incompetent, for it will be seen as this work progresses with the business of the Court of Quarter Sessions, that it was a certain feature of that court's business, at each session to find bills of indictments against a large majority of road surveyors of the county for failure to keep some parts of their road or roads in repair.

At the same County Court when the Smith's Ferry Road had been disposed of, it was ordered that Abraham Landers, John McCombs, John Seeper, William Stewart and John Rover, or any three of them, be appointed to mark out a road from the Public Square, within the Town of Henderson, in the direction of Clear Creek, and report the conveniences and inconveniences. At the September court, the Commissioners reported having performed their duty, and marked a road running through the lands of Dr. Adam Rankin, Captain Edmond Hopkins, John Slover, Sr., Isham Sellers, Jacob Newman, near Robinson Lick, John Slover, Jr., on a fork of Trade Water, where it was supposed the road must necessarily divide itself into several forks, viz: to Nashville, Lexington and Christian. They also reported the route nearly a direct south one, and from its direction would tend much to the convenience and utility of the present inhabitants of the county in general. A summons was directed to issue against the land owners, to show cause, if any, why the road should not be opened. At the following November meeting of the court, in obedience to sum. mons, the land owners consented to the opening of the road, and thereupon it was -

Ordered that the said road from the Town of Henderson to the mouth of Clear Creek he opened, and that Edmund Hopkins he appointed surveyor from the Square in the Town of Henderson to tlie line of the Henderson & Co, Grant, and that he, witli his own male tithables Dr. Adam Rankin. Sherwood Hicks, James Worthington, Jocob Newman, Abraham Landers, John Landers. William Laurence, Rawland Hughes Josenli Worthington and their male tithable> open the road and keep it in repair. Wjjliam Black was appointid sur\e\'or from the line of the grant to the old trace from Cumberland to Robertson's Lick, and he, witli John Leeper, Jacob Newman Matthew Kenny. John Christian, Matthew Christian. Nevil Lindsay, Philemon Rich ards, James Veach, Isham Sellers, Ephriam Sellers John Slover, Isaac Slover, John Slover, Jr., John McCombs. William McCombs. James Hopkins, William M. Fullerton, Henry Smith. Asha Webb. Andrew Black. John Locks, William IJui^hes. David Hughes, Eneas McCallister, Eneas McCallister, Jr., Jesse McCallister. John Hancock, Robert Robertson, John Reyburn, John Reyburn. Jr , Peter Ruby, Joel Sugg, John Suttles, Joshua Kates, Martin Kates, and such male tithabl^? as they may own, open and keep the said road in repair."

Since the establishment of this road, so many alterations have been made, and so many new roads established, that it is impossible to locate it with any degree o£ accur^y. Enough is known, however, to justify the conclusion that that portion of the Knob Lick Road to a point six or seven miles out, was the original Henderson and Clear Creek Road. The same difficulties which attended the opening of the first road established, were found in the opening of this road. Those who now ride over the broad smooth roads of the county little know the trials, troubles and hard work the handful of early settlers had in opening and clearing these long lines of public thoroughfares. It is not the purpose of this work to attempt the history of each road in the county, for that would prove an endless task, and so multiply its pages as to make it not only uninteresting, but cumbersome. We take it that the location of the main roads of the county leading out of the city, and into which all of the other roads of the county run, will be all that is required and all that is necessary.

Spottsville Road

In 1817 the road, which is now known as the Henderson and Spottsville Road, was established twenty-five feet wide from the Town to Race Creek, and from thence to Hopkins' Ferry on Green River.

Evansville Road

During the same year Richard Hart, John Weller, Enoch Sevier and John Stayden were appointed to view a road from Henderson to Evansville. In July, 1818, one year after, John Weller, John Upp, Daniel Smith and Samuel Buttler were appointed to view the same route. In 1819, Daniel Smith, Daniel McBride, William Smith, John Williams, and Robert Terry, were appointed for the same purpose and every report made by the viewers proved objectionable to the land owners along the line. At the August term, 1822, a writ ad quod damnum issued and was tried by the following jurors : Robert Terry, W. R. Bovven, Walter C. Langley, Joel Lambert, W. H. Ingram, John Weller, Samuel H. Davis, Robert G. Slayden, James H. Lyne, Obediah Smith, Leonard H. Lyne and Thomas Herndon, who returned the following verdict.

*' We, of the jury, find that John Smith, one of the contestants, is entitled to five dollars and seventy-five cents. John Hart, to fifty dollars."

An order was then made by the court, establishing this a public road, and the damages awarded by the jury to be paid out of the county levy for that year.

Morganfield Road

" Ordered by the court that the road leading from the Town of Henderson to the county line enr6ute to Morganfield, in the direction of Davis Mill, on Highland Creek, be opened twenty feet wide, cleared, smoothed and established as one of the public roads of this Commonwealth, and that Charles Walden be appointed surveyor, and directed to open the same,"

Davis' Mill was located about one mile below the present crossing on the Smith Mills route. Some time after the location of this road, Clementine Wimsatt and others procured an order changing the crossing from Smith Mills to the Union County line, to the one used at the present time. For several years there was no bridge built across Highland Creek, and during the dry months it was easily forded. In times of high water, and during the winter and spring months, Mr. Wimsatt kept a ferryboat, which was used in crossing by stage and other vehicles. Since that time there have been many changes made in this road.

Diamond Island And Knob Lick Road

In 1823, a road from Diamand Island to the Knob Lick Road, fifteen feet wide, was established. This road followed the Ohio River to a point two miles below Alves Bluff, where it diverged at right angles, passing and crossing the Henderson and Morganfield Road at the present site of the Town of Geneva, from thence to Corydon and Cairo, and thence to the Knob Lick Road.

Corydon Road

In 1824 an order was passed to view a road fifteen feet wide, from the bridge on the Henderson and Morganfield Road, to intersect the Diamond Island Road beyond Grixon Brown's. This was done and Grixon Brown appointed surveyor. This road is now known as the Corydon Road, and leaves the Henderson and Morganfield Road just below the bridge over Canoe Creek, three miles from the city.

Vacant Lands Appropriated

In the year 1831, an act of the General Assembly of Kentucky was passed appropriating all vacant lands in Henderson County to the improvement of roads. By this act the Register of the land office was directed to issue to Henderson County, free of costs, two hundred and fifty dollars worth of land warrants, containing five hundred acres each, which said warrants the County Courts were authorized to have surveyed upon any vacant or unappropriated land lying in the county, and carry the same into grant, and to then dispose of the same or any part thereof, and apply the proceeds to the improvement of the mail road, from Smith's Ferry, on Green River, to the Union County line. These lands were designed to be sold agreeably to that act, and for that purpose William D. Allison^, clerk of the County Court, at its January meeting, was' appointed agent for the county to dispose of the land warrants granted to the said court, with full power to locate said warrants, or sell or transfer the same. Subsequent to this act the County Court passed the following order :

" Ordered that the land warrants granted to the County of Henderson by the Legislature be appropriated to the road from the Town of Henderson to the Union County line on the road leading to Morganfield, and that Thomas Towles be appointed Superintendent of the works."

-'In the year 1834 the road from Henderson to the mouth of Green River was established fifteen feet wide, with John Weller, Sr., surveyor, who was directed to open the same and keep it in repair. In 1835, February 18, the Legislature passed an act, providing that all the lands within the Commonwealth east and north of the Tennessee River, vacant and unappropriated on the first day of August, 1835, should be vested in the respective County Court of the counties in which said lands might lie, to be sold at five dollars per one hundred acres, and that the proceeds arising therefrom be appropriated to a fund constituted for the improvement of the roads and bridges of the county, and for no other purpose.

State Roads

In the same month of the same year another act was passed declaring the Smith's Ferry and Henderson, and Henderson and Morganfield Roads a State road in connection with the road running from the mouth of Salt River to Shawneetown, Illinois. By this -act, the court was directed to lay off the road from Green River to the Union County line, into convenient precincts, and to allot to each Surveyor a sufficient number of hands to keep the road in good repair thirty feet wide and free from stumps. The County Court, under the provision of this act, was not allowed to alter or change this road. It seems the Commissioner of the County Court experienced some difficulty in finding vacant lands at that time, for at the October meeting of the Court the following order was passed :

" All persons finding and informing the court of this county of any vacant and unappropriated lands in this county, shall have a pre-emption right of buying the same from the court at ten per cent, less than the assessed value."

The revenue accruing to the county from this source, while not large, was nevertheless a considerable help, going towards the object for which it was intended. Aside from this, the court was not punctilliously particular in appropriating the money arising from the sale of vacant lands, as the Legislature intended, for we find in 1836 the following order passed at the October Court of Claims :"

" Ordered that the sum of five hundred dollars heretofore appropriated be placed to the order of the Board of Internal Improvements to be applied, in addition to tl\e sum of one thousand dollars, appropriated by the Legislature at their session of 1835 and '36, for the improvements of the roads of Henderson County tolicused for the purpose of building a county poor liouse."

However, in 1838, the following appropriations for the improvements of roads, were made : Three hundred to improve what was known as Robinson's flat, two and a half miles out on the Knob Lick Road, one hundred dollars to the road to Calhoun's Ferry, on Green River, the ferry having been changed from Smith's, four hundred on the road leading to Madisonville and four hundred on the road leading to Morganfield. For these amounts the Commissioners appointed by the County Court to superintend the work were authorized to draw upon the agent of the Internal Revenue Fund.

State Road To Hopkinsville

In 1841, an act, entitled an act to establish a State Road from Henderson through Madisonville to Hopkinsville, was approved January 26. In obedience to this act, the County Court of Henderson County appointed Willie Sugg and Levin W. Arnett Commissioners for the county, to meet Mark- A. Bone and Frederick Wood, of Hopkins County, and Reading Barfield, of Christian County, for the purpose of viewing the old road. At the October court the Commissioners reported having viewed the route, and at the November court following, they, together with Samuel Morton, Surveyor ; William H.Thomasson and William Morton, chain carriers, and James Bishop, marker, were allowed such fees as the law prescribed should be paid. Mr. Morton was allow^ed for three days' work, the time spent by him in surveying the route through Henderson County. The report of the Commissioners was adopted and the road established and recognized as a State road, although a route from Henderson to Madisonville had been established many years prior to that time, yet this was the first important recognition of the road.

Floyd And Lockett Road

In 1855 application was ma^e by Dr. W. B. Floyd and Thomas J. Lockett, for the opening and location of a public road from Thomas W. Royster's to intersect the Madisonville Road at a point between the old homestead of John T. Hopkins and Canoe Creek. On this application it was ordered by the court, that Enoch Spencer, William G. Denton, Joseph McMullen, and John D. Weller, be appointed viewers ; to this John T. Hopkins and S. J. Hawkins, through a portion of whose land it was proposed to locate the road, objected, and on their motion another set of viewers, to-wit : James Alves, Madison M. Denton, John A. Randolph, Wyatt H. Ingram and W. R. Rudy, were appointed to view the road from Thomas W. Royster's to intersect the Madisonville Road at a point two or three miles further on toward Madisonville. The route, as proposed by Floyd and Lockett, began at Thomas W. Royster's and ran thence through the lands of Joseph McMuUin and Thomas Spencer, thence on the lines of Elizabeth Denton, John H. Spencer, Thomas B. Higginson, Samuel D. Denton, William G. Denton and Enoch Spencer, thence over the lands of Madison M. Denton, Thomas D. Talbott, Mary S. Talbott, Thomas J. Lockett, and on to the old Slover Flat Road, thence over the lands of Mrs. Chinoe Smith, to Sugg's corner on Alves' line, thence on this line to his corner, thence on Edgar Sugg's line to the corner of the horse-lot on the Edgar Sugg's farm, now owned by Gabe D. Sugg, thence over the land of S. J. Hawkins to what is known by the name of the Agnew route, thence with said Agnew's route to the Madisonville Road leading to Henderson. On the twenty-fifth day of February, 1856, the viewers reported and summons was directed to issue against the land owners, a writ of ad quod dam?ium was issued and tried as to all except Hopkins, in whose case the jury hung. June, 1856, the apjplicants and J. T. Hopkins entered into agreement that Y. E. Allison, Judge of the County Court, might go upon the land of said Hopkins and assess the damages. This the Judge very sensibly declined to do. August, 1856, Hopkins and Hawkins moved to quash the returns. This motion was overruled and the road ordered to be opened and established as a public road thirty feet wide from Thomas W. Royster's to the Henderson and Madisonville Road at John T. Hopkins', and over and along the route reported by the viewers. It was further ordered that the expense of building five bridges reported to be necessary, was too great for the precinct or precincts of the road. To all of this Hopkins and Hawkins objected and prayed an appeal to the Circuit Court, which was granted At the

December term of the Circuit Court, a decree was rendered reversing for sufficient reasons, the proceeding of the County Court, so far as Hopkins and Hawkins were concerned. On the twenty-ninth day of October another writ of ad quod da7}iniim was awarded by the hi^^her court and was tried upon the premises by the following jurors : J. E. Jackson, Larkin White, R. E. Moss, Thomas McFarland, P. D. Negley, VV. S. Pamplin, James S. Hicks, E. T. Cheatham, John Walden, James White, W. B. Smith and J. W. Tapp. This jury returned the

Verdict

*'John Hopkins, for damages, one thousand and seventj-seven dollars; S, J. Hawkins, for same, two hundred and eighty-one dollars and seventy-five cents."

April, 1858, Thomas J. Lockett, Wm. Lockett and Andrew Agnew agreed with the County Court to have three of the five bridges built at no expense to the county, whereupon it was ordered that the road be opened as first directed. This proceeding was still resisted by Hopkins and Hawkins, but finally compromised. Then the road was established and laid off into one precinct, with Thomas Spencer as overseer. There was never, perhaps, a public county road established which engendered so much bitterness of feeling and had such a bill of costs attaching to it as was the case in this Floyd and Lockett Road. For three years it was fought in the courts, and a host of witnesses summoned to testify. Eminent lawyers were employed on both sides, and every technicality known to the law was taken advantage of by both parties. The road cost the co nty a large amount of money ; nevertheless, it has been a blessing greatly enjoyed by the inhabitants of " Frog Island " and others adjacent to the line.

A Nuisance

The old road service, or system, established by law for road-working, was always regarded by most persons as one faulty in the extreme, and not more than one remove from a nuisance. All male laboring persons of the age of sixteen years or more, except such as were masters of two or more male laboring slaves, of the age of sixteen years or more, were appointed by the court to work on some public road. Every person so appointed was required, upon notice of the Surveyor, placed over him, to attend with proper tools for clearing the road, or do such work as might be allotted him, or to find some other person equally able to work in his room. In case of his failure to attend when summoned, he was required to pay the sum of seven shillings, sixpence for every day's offense. If the delinquent was an infant or minor, the sum was to be paid by his parent, guardian or master, or, if a slave or servant, by his overseer or master. The amount could be recovered by the overseer of the road before any Justice of the Peace within his county, and one-half of the fine was to go to the overseer of the road. For this work the laborers were entitled to credit on their account of good citizenship. This continued until 1821, when payments were then made for the use of teams and implements.

Duty Of Road Surveyors

The surveyors of roads occupied an unenviable position, for to him, and him alone, did the traveling public look for a good and safe foundation to travel over. It was made his duty to superintend the road in his precinct and to see that the same was cleared and kept in good order and repair, and upon his failure to do this, he was subjected to a fine of any sum not exceeding ten dollars, nor less than two dollars and fifty cents, to be recovered by indictment. For years and years, at each term of the Court of Quarter Sessions, and then the Circuit Court, it was the custom, whether from the force of habit, or spite, for at least two-thirds of the road surveyors to be summoned to answer an indictment or indictments found against them, for neglecting some part of the road under their charge.

Road overseers, as they were called, were subjected to an ordeal in early times that would hardly hold these piping times of limitless civilization. Yet, those people who paved the way to a glorious and unthought of future, we must bow our heads in humble acknowledgment, that while public matters are at this day more systematically arranged, there is more wealth behind, more of everything conducive to success ; yea, more; that had we to-day, as a people, to undergo what was their lot, we should miserably fail. We must confess that the children and grandchildren have not inherited the hardy, indomitable spirit of pioneer manhood.

Of J. Elmas Denton, Jailer

T the July meeting, 1709, of the County Court, initiatory steps were taken looking to the building of a prison house of suitable size for those times. General Samuel Hopkins and John Husband were appointed a committee to investigate and report a plan for such a building as in their judgment would meet the views of the court. At the August term of the said court, the committee made the following report. The report is copied verbatim and was evidently written by the learned architect who furnished the plan of the then royal lockup:

"The Commissioners appointed to report a plan of a "goal," and the necessary repairs of the school house to make it convenietit for holding the courts therein, reports the plan of the "goal " as follows: the lower room to be twelve feet in the clear, built of square timbers ten inches thick, each wall three double, with the middle timbers standing upright, the floors double ten inches thick crossing each other, the loft in the same manner, the upper room of square logs eight inches thick, both stories eight feet high and clabboard roof, and the necessarv^ grating for the windows and locks for the doors, to be doubled and fifty dollars to repair the school house.

Whereupon It Was

" Ordered, that a jail be built on the Public Square in the Town of Henderson. Abraham I^andcrs, Jacob Barnett and John Husband arc appointed Commissioners to let the building and the additions to the school house, to

At the September meeting, the Commissioners reported having let the building of the jail to Jonathan Anthony, for the sum of three hundred and thirty-nine dollars, to be built according to the plan and specifications reported. This report was adopted, and the Commissioners continued with instructions to make further efforts to let the additions to the old school house, to any person who would undertake the work, for a sum not exceeding fifty dollars. This, the first public building in Henderson County, was soon begun and completed.

Viewers Appointed

" On motion of Jonathan Anthony, it is ordered that Adam Rankin, John Standley and John Sprinkle gentlemen to view the house built by said Anthony, for the public jail of the county, and make report of the repairs to be made to said house in order to make it sufficently strong for the safe keeping of prisoners of the court."

viewers' report. " By order of the court we proceeded to view the jail, and find the doors of the lower story to be about three and a half inches thick, not well spiked, and that part of the hinge which goes into the log for the door to hang on, does not go through to clinch, the facings of the doors are not spiked, the staples are not sufficient, some of the logs of the upper floor of the under story are loose and ought to be made fast ; the locks we can't say anything about, as thev are not at the doors, the bars of the window not an inch thick, the door of the upper story not well spiked, nor the facing, which ought to be done; the windows not so large as called for, and the facing not well spiked, some of the

From this report the court determined that Mr. Anthony, the contractor, had not complied with his contract, but, on the contrary, had failed to convince them that he was a respectable mechanic. However, when the new jail had been completed, it was the pride of the town, not so much owing to its architectural beauty and finish, as to the fact of its being the first public building in the county. It had two stories and two doors, one door opening into the lower story, the other a trap-door opening into the upper story. It had one small window or light-hole in the second story. The lower story was called a dungeon, the upper the debtors' prison, where persons arrested for debt were confined. A comrtfon split ladder furnished the poor debtor a pathway from the dungeon to his abode above. There was no fire-place in the jail, so during cold weather those confined in it were compelled to go to bed, keep up a lively calesthenic drill or freeze. This little log prison house, no better than a majority of the cattle stables of the county at this time, was received in 1800, and recognized as headquarters for criminals and debtors, until proving insufficient.

Was ordered to be built in 1807. From accounts on file in the office of the County Clerk, it is safe to say that during each year of its existence more money was paid out by the county for jail guards than the miserable little concern cost originally. This insignificant hut was located on Court Square on the spot where the front gate now stands. This second prison was built in 1808 and was of the following dimensions :

*' The dungeon for criminals sixteen feet square, the sides of hewed logs ten inches in diameter and three logs thick, the floors of the same kind of logs, and two logs thick, laid at right angles to each other, the inner door made ot timber three inches thick spiked with iron spikes three inches apart, hung on strong and sufficient iron hinges with staples and two strong bars to secure the door on the outside ; the outside of the door of the same dimension, and finished in the manner as the inner door, except that it shall be secured with a strong jail lock with a window nine inches wide, and two feet in length, secured with a strong iron grate. Hie debtors' apartment immediately above and of the same dimensions as the dungeon, appendant to the dungeon on the side out of which the door may be cut, a room sixteen feet square of hewed oak logs, one story high, with a good plank floor and loft, a brick or stone chinmey in the end, with a door or window in the front of the house, and completely and comfortablv finished for a guard room. It was further ordered that each of the before described looms be covered with good jointed shingles and lastly that the dungeon, debtors' room and room for the guard, be begun and finished in a workman-like manner, on or before the first day of October, 1808. Benjamine Talbott, having agreed, with the consent of the court, to do the above described work, and for which he is to give bond with security in the Clerk's office, with covenant, agreeing with the order of the court in this particulai, he is permitted to make use toward completing this work, of such iron taken from the late jail as he may think proper."

This jail was used until the year 1820, and during its- twelve years of existence was never regarded as a safe prison, and was a continual expense to the county. Accounts running from fifty to one hundred dollars were presented annually for guard service, and it may be safely said that five times the cost of the building was paid for guard service alone. These claims continually coming in, awakened the Magistrates to the importance of building a stronger house, so at the October Court of Claims, 1816, five hundred dollars were levied for that purpose. In 1817, '18, '19 and '20, additional levies were made for the same purpose. In the year 1818 Ambrose Barbour, Fayette Posey and John Holloway were appointed commissioners to have built a good and sufficient jail. They presented a plan with specifications, which were approved and adopted. A contract, on the' the twelfth day of June, 1819, was entered into with Francis Hammill, the then leading contractor in the town, and for the sum of five hundred dollars, but from some unknown cause was annuled, and another made on the third day of September, with William R. Bowen, at, and for the same price, according to the copy and minute of the court, but for the sum of three thousand five hundred dollars, according to the contract signed and entered into between the parties. That our readers may know the character of the building which stood on the brow of the Court Hill for forty-three years, the specifications adopted by the Commissioners are here inserted :

The Third Jail

"The house to be of brick, forty feet long, twenty-six feet wide, two stories high, the tower story to be nine feet high between the sleepers and joists or floors, and the upper story to be eight feet high between the floors ; they must be divided in the lower story by a brick partition midway the house. The lower story two and a half bricks thick, the upper story two bricks thick in the walls, and two bricks thick in the partition, the underpinning to be stone to the tables, the upper room to be divided into three rooms or cells, each room to be 11x12 feet in the clear, the outer wall of which to be lined with timbers six inches thick, upright, to be faced crosswise with two-inch oak plank, and at least two inches thick and nailed or spiked to the timbers. The partition walls, of and between each of the upper rooms or cells, to be made with upright timbers, eight inches thick and faced on each side, crossing with twoinch oak plank, as aforesaid. The lower floor to be laid with one and one-halt inch oak plank, with strong sleepers, the plank to be seasoned and jointed, but need not be dressed. The floors to the second story to be laid with timbers, close, ten inches thick and faced with two -inch oak plank, seasoned and joined as aforesaid, above and below the floor. The upper rooms above to be made with ten-inch timbers, as aforesaid, to be taced cross-wise below with two-inch oak plank. There must be a passageway to the upper room, six feet wide, made with ten-inch timbers, and faced with two-inch oak plank, as aforesaid; on each side, the timbers in all cases, must be placed upright and close together, and the oak plank for the facings must be seasoned and joined, but need not be dressed. To the lower rooms there must be an outside door, and window of eighteen lights to each room, opposite to each and midway of each room, except the room in which the stairway is run up. The stairs to be tour feet wide and the railing strong ; the steps to be made of oak planks one and onehalf inches thick, seasoned and joinied. The door to enter the passage above Tnust be a falling or ti'ap-door of two-inch oak plank, seasoned and jointed double, and spiked crosswise together, to be locked below with a double bolted padlock, and strong hinges let into the timber above. The doors to each of the cells above to be made of sheet-iron at least one-eight of an inch thick, faced with a door of two-inch oak plank, spiked with strong iron spikes, and the facing of each door to be of the same material and thickness, fastened to the timbers, and plank facing with strong iron spikes. The locks to each of the cell doors must be locked with large and strong locks outside. There must be an iron netting above each cell door of one inch square, twelve inches hio-h and as wide, as the door. The windows above to be opposite each cell door, of eight lights each, to be gurded with an iron netting one inch square, and the facings must be iron as aforesaid. There must be a chimney at each* end of the jail, with a fire-place in each room below, to be placed outside of the wall above, so as not to weaken the wall to the outside cells. The materials of every kind must be of the best kind, and the whole work must be done in a strong, substantial manner. It is to be, and is understood, that the upright timbers are to be let into the timbers above and below with a tenant or groove of two inches deep in the whole width. The roof to be made in the usual way, for instance, as the Court House, in form and material. The rooms in the first story and partition must be plastered, as the Court Room of the Court House."

This building wa.s located on Court Hill in the rear of the Court House, and in 1820, was completed and received from the contractors by the County Court. Outside of necessary repairs, it was never of much expense to the county, and was never broken but twice in its history of forty-three years. During that time many of the hardest characters known to the law were incarcerated in it.

There are incidents connected with this old building interesting and amusing; there are also painful truths, which it is not the purpose of this book to tell about. In 1853 the following order was passed, which will no doubt amuse the reader :

''Ordered that the jailer of Henderson County purchase for W J. PhiHps, a prisoner in the county jail on the charge of felony, one comfort, an i take fire three times a day, in a pan, for him to warm by, and to guard the fire while said Philips is warming."

A New Jail To Be Built

*'Itwas ordered that John H. Lambert, William B. Beatty, Barak Brashear, Y. E. Allison, and L. W. Brown, be appointed commissioners to examine the jail building of the county, and report whether the same can be heated

The Commissione'rs returned their report to the March court following, and thereupon the Magistrates of the county were summoned to consider the same. In April the Magistrates met, and after having considered the premises for which they had been summoned,

" It was ordered that William B. Beattj, Y. E Allison, F E Walker Barak Brashear. and Mat J. Christopher be appointed commissioners of the county to have made and report a suitable plan and specificaiions for a new jail and dwellin.^^ house for the jail, the cost of the same to be fixed at cash prices. It was further ordered that P. A Blackwell, F, E Walker and P H. Lockett be appointed a committee to ascertain and report what amount of money the county may have to bo.row, and upon what' terms the same can be secured, upon the credit of the county for the purpose aforesaid."

The Commissioners appointed to report a plan and specifications, did so, but from some cause the report did not suit the minds of the Magistrates, and thereupon another set of commissioners, to wit - James B. Lyne, Edward D. McBride, and C. W. Hutchen were ap- . pointed to draft a plan of a good and sufficient jail, and report at this court. Five cents on the one hundred dollars was levied, to be collected and paid into the jail fund. At the November court, 1862, the Commissioners reported a plan and specifications prepared by F. W Carter, of Louisvil'e, an architect of considerable reputation, and the same were adopted and approved by the court. On motion Mr. Carter was allowed one hundred and fifty dollars for his work. On motion it was

"Ordered that C. W. Hutchen, Y. E. Allison, F. E. Walker. E D Mc- Bride, and Jesse Lame be appointed a committee to le^ out the building of the new jail to the lowest and best bidder and superintend the building as it progresses." ® ^

They were also directed and empowered to borrow money on the credit of the county at any rate of interest i^iot exceeding 8 per cent. In 18G4 this jail was completed, and received, and Y. E. Allison appointed and directed to sell the old building. The present residence of the jailer was built at that time, and in its rear stood the prison which was thought to be strong enough for all purposes. Around the prison was a brick wall fifteen or twenty feet high, which was thou-ht to be amply sufficient to prevent the escape of any one who might break jail, but this theory proved to be incorrect, and the jail proved to be more vulnerable than the old one, which had been torn down. After some years it became notorious, and regarded as totally unlit for the purpose for which it was intended.

Still Another Jail

The Magistrates, in commission June, 1871, by order appointed C. Bailey, Isom Johnson, and Jackson McClain commissioners to examine the jail building. They were authorized to employ skilled advice, and if in their opinion the building could be repaired, to report what repairs were necessary, and the probable cost, and if in the event the prison could not be made secure, then to report a plan, specifications and probable cost for a new prison house. The Commissioners soon determined that the jail standing at that time was worthless, the timbers having rotted, and at no time was it such a house as to command the respect of an expert jail bird. They determined that a prison large enough and strong enough should be built, and to better do this, they visited several large cities and made personal examinations of prison houses, built upon the most modern plan, with a view to convenience, strength and security against jail breakers. After thoroughly posting themselves they reported to the August term, 1871, as the result of their labors, a plan and specifications which received the approval of the court. The court in session at that time was composed of the following named Magistrates : G. W. Griffin, J. E. Denton, J. M. Johnson, Jesse Basket, James M. Stone, Asa F. Parker, Ben F. Gibson, J. A. Priest, Green W. Pritchett, C. S. Royster, Hiram Turner, J. F. Toy, William S. Cooper and William W. Shelby. The Commissioners were instructed to advertise for bids and contract for building the new jail, to contain at least sixteen wrought iron cells, and if, in their opinion, the walls standing at that time would not do to be lined with iron, and they should deem it best to build the jail entirely new. This they were authorized to do, having the walls built of blue limestone, or good hard well burnt brick, and lined with iron as in their opinion would be best for the interest of the county, taking into consideration the cost and durability of the work. At this same term, to wit : August, 1871, bonds of the county, to the amount of twenty-five thousand dollars, w^ere authorized to be issued bearing 10 per cent, interest, payable semi-annually, and redeemable after five years at the pleasure of the county. November 23, eight thousand dollars additional bonds were directed to be issued. A number of bids were received by the Commissioners, and upon a careful and close investigation the contract for building the jail was awarded to Haugh & Co., of Indianapolis, Indiana. Subsequently the contract was assigned to Norris & Hinckly, who completed the building at and for the sum of thirty-three thousand four hundred dollars, including all alterations and changes. Major J. M. Stone, who was appointed superintendent of the work, and also a committee to have printed and dispose of the bonds of the county. He did his work well, and paid into the county treasury between sixteen and seventeen hundred dollars premium, received upon the face of the bonds. Major Stone and Asa F. Parker were appointed a committee to. sell and have removed the old jail when it was determined to build the present jail entirely new from the ground up. It was sold to the City of Henderson for a small price, and all of the material of value used in building the present handsome city building. On November 30, 1872, final payment was made the contractors. This prison when completed was thought to be invulnerable. It was built upon the most approved plans of prison architecture, including strength and durability, and yet it has been broken or cut through as often, or perhaps oftener, than any of its predecessors, showing conclusively that there is nothing that tools will make that tools will not unmake. One of the saddest incidents in history is associated with this jail. In December, 1875, during the official term of J. Elmus Denton, a high-strung, impetuous, honorable gentleman, the inmates of the jail effected their escape. The excitement attending the escapade prayed heavily upon his mind, and completely unnerved and prostrated his sensitive, though fearless spirit. He was not to be intimidated by a hundred men, but the censure of the public was more than he could withstand. He thought of nothing else, he allowed his imagination to run wild, and while his friends were far from censuring him, he yet imagined that they did, and within his mind resolved to take his own life rather than face, as he apprehended, a reproving and complaining public. On the morning of December 18, he walked, as was usual for him, up on Main Street, and while there settled several accounts that he owed. Returning to the jail, and without intimating to a soul on earth, or taking a farewell look or kiss of his devoted wife, went immediately to a room in the second story of the residence, bolted the door, and fired a leaden ball through his brain. He fell upon the floor and expired immediately. His wife hearing the report, rushed to the room door, little anticipating what her eyes would soon behold. Other friends came, and before an entrance could be effected the door had to be broken in. Upon the opening of the door there lay the noble frame of J. E. Denton, enhearscd in death. The scene was a terrible one, completely unnerving those present. Major J. M. Stone was potified and immediately caused a jury to be empanneled for the purpose of holding an inquest. Upon the body was found the note written a short while before the fatal shot, which settled the question as to the cause. He admitted his weakness, and hoped that his death would atone for the jail escapades.