Spartanburg County, South Carolina - Chapter 2: Continued Review of County Court Proceedings, 1900

Further investigation of the old County Court Record book reveals the fact that the first court ever held in Spartanburg county was at Nichols' Mill, which stood at or near Anderson's Mill on North Tyger River, near the residence of the late Captain David Anderson.

At a Court began to be holden at Nichols' Mill, on the third Monday in June, one thousand seven hundred and eighty-five, for the county of Spartanburg, in the State of South Carolina.

Court being opened John Thomas, Jun'r, being previously appointed clerk, the Court proceeded to the choice of a sheriff for said county. Thereupon casting up the votes, Mr. William Young was duly appointed to that office, and Josiah Buffington duly appointed coroner for said county.

This was the only court ever held at Nichols' Mill. By reference to the "County Court Act," it will be seen that the sessions of the courts were to be held every three months.

The next "Court in course," on the third Monday of September of the same year, was held on the plantation of Thomas Williamson. This is where the present city of Spartanburg is located.

William Young-, who had been appointed sheriff, produced his commission under the hand of his Excellency the GoYernor; also presented a duly executed bond with approved sureties, and was sworn in. The sum for which he and his bondsmen were held was fifteen hundred pounds sterling money in gold or silver specie, at the rate of four shillings and eight pence to the dollar^ and one pound one shilling and nine pence to the guinea, to be paid to the treasurer or his successor in office. The bond was necessarily heavy, as it was a part of the duties of the sheriff to collect the taxes as well as to discharge the functions of his office. It will be observed, further, by the wording of the bond of William Young, that the onh' possible money in the State at that time was English specie, as no constitution of the Federal Union had yet been adopted, and of course no Federal currency established. Even at this time there was no President or "United States of America," the constitution of the latter not having been adopted until April, 1787.

At this (December) Court, James Yancey, Esq., after taking the required oath, was admitted to plead, being the first attorney ever admitted to the practice in the courts at Spartanburg.

James Yancey lived in Laurens district, and was county court lawyer, and possibly county attorney. He represented Laurens county in the legislature of South Carolina in 1812. Removing to Charleston, he was afterwards a representative from the same county. He was the father of Benjamin C. Yancey, Sr., of Abbeville county, and grandfather of that distinguished statesman William L. Yancey from Alabama, and also BenjaiB HisTORA' OF Spartanburg County.

At this term of court the following persons were appointed to serve as constables for the period of one year, viz.: Richard Nally, Hancock Smith, Thomas Gordon, Henry Wolf and Robert Harper.

We also notice further, that on application, Thomas Wadsworth of Bilville, was granted license to retail spirituous liquors according to the rates prescribed by the Court, the clerk being ordered to issue said license, which was the first ever granted in Spartanburg for the sale of intoxicating liquors.

Soon after this, license was granted to George Gordon to keep a private house of entertainment on condition that he conform to the rules and rates prescribed by the court.

To WIT - Common cold dinner or supper, /6 (six pence). Hot'd or to do (ditto) neatly cook'd, i/ (one shilling). Common breakfast, /8 do. of Green tea and loaf sugar, i/ - Bohea do /9, ditto coffee or chocolate, /9 - Lodging in a clean bed, /4 - do for 2 in do, /3 each. Jamaca pr gallon, 12/ - pr qt 3/6 (three shillings and six pence), pr pt 1/9 - half do /9, gill /5 -

North rum, pr Gal 5/ - qt 1/3, pt 1/8, half do /4. - Taffia pr qt 1/ and so in larger or smaller quantities. Punch made of Jamaca rum and loaf sugar, pr qt 1/4, and so in proportion for Larger or Smaller quantities.

West India rum in punch, pr i/ and so in proportion North Ward Rum and Taffia in punch pr qt /8 and so in proportion. Nantz Brandy, pr Gallon 10/ pr qt 2/6, &c., &c. Good Country Brandy pr Gallon 5/ qt 1/3, pt /6, &c. Geneva pr Gallon 8/ qt 2/ pt i/ - half do /6. Whiskey, pr Gallon 4/ qt 1/ pt/6 &c. Best Medera Wine pr bottle 4/8, draught 4/, &c. Common W^ine, pr qt 3/ pr pt 1/6. Port Wine, pr, bottle 3/6. Sherry and Lisbon pr qt 3/ Bergundy and Champaign pr bottle 4/. Other sweet wines, pr qt 2/. English bottled Cyder pr Bottle 2/. Home-made do pr qt. /6. - Stabling an Horse 24 Hours, with good and sufficient fodder or hay, 1/6. Corn /2 pr qt, Oats the same."

At this term of court it was ordered that the following persons be summoned to attend the next court to serve as grand jurors, to wit : Wm. Bensong, George Bruton, William Thomson, David Lewis, Charles James, John Head, William Lipscomb, James Oliphant, Capt. Wm. Smith, Charles Moore, Zadock Ford, Andrew Barry, William Poole (Tailor), John Carnick, Thomas Jackson, Edward Mitchison, Obediah Trimmier, Isreal Morris, Robert Goodlett, Sen'r, David McClain, Vachel Dilingham and Wm. Prince. According to the record, this is the first Grand Jury that was ever drawn in Spartanburg county.

The following persons were drawn as petit jurors for the March term : Isaic Bogan, Wm. Lynch, George Robuck, John Stone, John Tremia, James Hughs, James White, John Shands, John Leich, Thomas Williamson, Samuel Lancaster, David Golightly, Robt. McDowell, Thomas Wyatt, Fleming Smith, George Connel, John Nesbitt, Isham Foster, Bailey Anderson, John Butler, Thomas Davis, Henry Machan, Sam'l Culbertson, John Vice, John Banney, John Mapps, John Golightly, Wm. Croker, John Redmon and John Davis.

ner. From thence to John Patton's on So Tyger; overseer, George Bruton, Alex Alexander, warner. From thence to the narrow passage* above Nichols' Mill ; overseer, John Barry, Moses Ward, warner. From thence to Lawson's Fork at Widow Bishop's ;t overseer, Robert Jamison, warner, John Goodlett. From thence to So Pacolette to at Kilpatrick's old place ; overseer, James McDowell, warner, William Branham. From thence to the State line by Hooper's Ford ; o\erseer, James Hooper, warner, John Earle, Jun'r. From Blackstock's Ford on Tyger to opposite Widow Smith's at Davis old place; overseer, John Bearden, warner, David Pruit. From thence to Miller's old road; overseer, Albutes Bright, warner, Nathanial Davis. From thence to a branch on Sand road below Mrs. Prince's; overseer, Henry Wells, warner, William Underwood. From thence to the jnnction with Head's road ; overseer Isham Foster, warner, Wm. Tinsley. From Tate's Ferry to opposite Wm. Hickman's plantation ; overseer, Dan'l McClar}', warner, John Fonderin. From thence to Byas' Mill ; overseer, William Thomson, warner, Renben Smith. From thence to Hammett's Ford on Pacolet ; overseer, Malechi Jones, warner, William Wooten. From thence to the lower Iron Works ; overseer, William Poole, I. j\I. (Iron Master), warner, Geo. Poole. From thence to the Shoal on Fair forest, above Mr. Joseph Buffington's; overseer, James Smith, warner, Fleming Smith. From thence to Dntchman's 'Creek at Widow Smith's ; overseer, Capt. William Smith, warner, Thomas Thornton. Thence to Blackstock's road ; the same and same.

Ordered that Major Ford and Samnel Farrow view the gronnd and condnct the road from Blackstock's F^'ord on Tyger to IVInsgrove's on Enoree; overseer, Sampson Bobo, warner, Edward Hooker.

" At a County Court began and held for the county of Spartanburgh , at the plantation of Thomas Williamson, on the third Monday in December, 1785, Court met according to adjournment, at three o'clock, and at four o'clock adjourned until to-morrow morning at nine o'clock.

Tuesday, the 20th day of December, 1785, the Court met according to adjournment. Present: Baylis Earle, John Ford and Henry Machan Wood, Gentlemen Justices.

William Shaw, Esq., produced his commission to authorize to be admitted to practice as an attorney in this State. Ordered that he be entered on record and admitted to practice in this Court.

Jacob Brown, Esq., produced his license to plead and practice in the several courts in this State as an attorney. Ordered that the said Jacob Brown be admitted to practice in this Court.

Ordered that no attorney be admitted to practice in this Court in future unless licensed by the judges of the Supreme Court, according to law.

Daniel Brown, Esq., produced his commission to plead and practice as an attorney in this State. Ordered that he be entered on the records and be permitted to practice in this Court according.

Mr. Joseph Buffington produced a commission from His Excellency the Governor, authorizing to act as coroner for the county of Spartanburgh. He was qualified accordingly.

On motion, ordered that Thomas Williamson have license to retail spirituous liquors and keep a private house of entertainment on his applying to the clerk for

Grand jnrors drawn to serve this Court - Andrew Barry, John Barry, Charles Moore, Daniel McClary^ William Poole, Israel Morris, Edward Mitchison, David Golightly, William Benson, William Lipscomb, Charles James, Robert Goodlett, Sr., and George Bruton.

The grand jury being drawn, empaneled and sworn by the county attorney, in behalf of the Court, delivered a charge unto them, and forthwith they withdrew.

Ordered that the court-house and public buildings be established and erected on the lands of Mr. John Wood, on the waters of Fair Forest, on a small hill near the said John Wood's dwelling house,* according to the first appointment.

* According to the best information which the writer has obtained, the place referred to above was at or near the present Carver's mill, on Fair Forest creek and near the Southern railway crossing of said creek. It has been erroneously stated by some writers of local history in Spartanburg county, that the John Wood referred to was the same that was murdered by the Tories, iinder the leadership of "Bloody Bill" Cunningham, on Lawson's F'ork, which occurred in November, 1781. The census list containing the names of heads of families in Spartanburg county for the year 1790, shows that there was a John Wood living in said county di:ring that year, and as the record states, " on the waters of Fair Forest" (not on Lawson's Fork), we think there can be no mistake as to the locality where the county courts were at this time convened.