U.S. Data Repository -- USGenNet Inc. -- Please read the U.S. Data Repository Copyright Statement on the following page: Chapter XIV, ORGANIZATION OF THE COUNTY-- THE FIRST COURT-- THE JAIL, COURT HOUSE, &c. Marion County was formed in 1842 from parts of Monongalia and Harrison counties. From the time of the close of the Indian depredations the population had increased so rapidly that it was found necessary, for the conveniences of government to organize a new county, and the people of the southern part of Monongalia and the northern part of Harrison counties accordingly petitioned the Legislature for the formation of what was afterwards called Marion county, in honor of General Francis Marion, of Revolutionary memory. The choice of this name evidenced that the projectors of the new county lead not forgotten their patriotism. Doubtless a foretaste of the ardent patriotism, so common about that time in Virginia, and especially of the mode of giving vent to its pulsations, acted as a stimulus in those days in keeping alive the names of those who flourished conspicuously in the great War of Independence, and in causing cities, towns and counties, as well as babies, both black and white, to be named for them. At about that period there was no State in the Union had more burning patriotism than Virginia, and it usually manifested itself in feasting on ginger-bread and beer, hard cider and good whiskey, at big musters and on Fourth of July occasions, and in naming children and corporations for great and renowned military men. The delegate in the Virginia Legislature from this end of Monongalia county, in 1842, was William S. Morgan, and it was he who introduced the bill in the House. The measure met with considerable opposition, especially from the other delegates from Monongalia and one member from Harrison, but Mr. Morgan, assisted by Hon. William J. Willey, the State Senator from this district, and John J. Moore, Esq., a lobby member, he finally conquered all opposition and secured the passage of the bill, January 14th, 1842. Middletown was made the county seat. A year or two afterwards the name of the town was changed to Fairmont. On the 4th of April following, the first county court was held at the house of William Kerr, father of E. C. Kerr, of Fairmont, which stood on the corner of Main and Jefferson streets. John S. Barnes, Sr., Thomas S. Haymond, Thomas Watson and William Swearingen, justices of the peace, composed the court. John Nuzum, William J. Willey, Matthew L, Fleming, Isaac Means, Leonard Lamb, George Dawson, Leander S. Laidley, Elias Blackshere, David Cunningham, Abraham Hess, John S. Chisler, Absalom Knotts, Benjamin J. Brice, Albert Morgan, David Musgrave, Hillery Boggess, William T. Morgan, John Clayton, Thomas Rhea, William Cochran, John S. Smith, John Musgrave, William B. Snodgrass, William Bradley, Thomas A. Little, Jesse Sturm, John S. Barnes, Sr., and Henry Boggess were the justices of the peace of the county. Zebulon Musgrave was appointed crier of the court, and the following attorneys were permitted to practice in court: Gideon Camden, William C. Haymond, Burton Despard, Charles A. Harper, James M. Jackson, John J. Moore, George H. Lee, Waitman T. Willey, Moses A. Harper, And Eusebius Lowman. The court adjourned to meet in the Methodist Episcopal (the recently demolished Protestant Episcopalian) Church, where the future sessions of the court were held until the court house was built. Thomas L. Boggess, was elected the first clerk of the county court, William C. Haymond was the first prosecuting attorney, and Benjamin J. Brice the first sheriff of the county. The crier of the court was ordered to enter into a contract with Daniel M. Thompson for the upper room of his dwelling house for a jail. "provided said Thompson should make such improvements as would make it secure." The rent was five dollars per month and Thompson was appointed jailor. The prison was a queer structure, to be sure. It was situated on Washington street, the same site whereon stands the dwelling now occupied by William E. Hough. It was a small log house, and the upper room, which the court ordered to be used as a jail, was only a half story high; had holes sawed out at the gable ends, giving it the appearance of an old fashioned Indian fort. Whether prisoners really stayed within the enclosure any longer than they were watched by sentinels from the outside is doubtful. Then, however, jails were mostly used for confining failing debtors, and it mattered but little whether they remained in or out of the enclosure of the jail. If they got out they were too poor to abscond. Some years afterwards, and when it had ceased to serve as a jail, the house was moved, and now stands some distance east on the same street--owned and occupied by James Murphy. F. H. Pierpoint, attorney, was qualified at the May term of the court, and Dan'l M. Thompson was awarded the contract for building the court house for the sum of $3,150.75, which were the principal items of business transacted that term. The court house was considered a fine building when it was completed. It bore such a contrast to the other buildings in Fairmont at that time that it no doubt presented an imposing appearance. Since the recent improvements in the county seat, however, and the erection of so many handsome business houses, the contrast is the other way. The court house, together with its grounds, occupies about one-third the space between Jefferson and Monroe streets, on the North side of Main, and is a large two story brick, surounded by a cupola, containing a splendidly toned bell. Six heavy columus grace the front of the building and support the gable, which extends over a pavement in front of the door. In the first story are contained the county offices--that of the clerk of the county court on the right of the entrance, and the circuit court clerk's office on the left. On either side of the hall-way leading to the back of the building are various other offices. In the second story is the large court room, and two jury rooms. In front of the building is a large yard, containing shade trees, and in the rear is the jail, with the sheriff's residence, which buildings are new, having been erected in 1877 at a cost of about $8,000. The business of the county has increased, and continues to increase, to such an extent that it will soon be found necessary to tear down the present court house and build a greater and more convenient one--which, it is hoped, will be more creditable to the county in point of architectural beauty, than the one now standing. In those days everybody that could possibly make it convenient came to town during the sitting of the county court. Especially was this the case on the first and second days of each term. They were set apart as general trading days. On these days, men, women and children came to town with their horses, cattle, grain, butter, eggs, chickens, and soap, and exchanged them for such articles as supplied their demands and necessities. Court days, were famous, too, for ending disputations in fisticuffs and drinking whisky. All the quarrels and wranglings among the baser sort of the people of the county were referred to county court days for final adjustment, and they usually ended in knock- downs and bloody noses. Thomas S. Haymond and John C. Clayton were the first representatives of the county in the House of Delegates, and William J. Willey in the Senate. Monongalia, Preston, Randolph and Marion, composed the Senatorial district. Messrs. Haymond and Clayton were delegates of more than average ability; especially is this merit accorded to Mr. Haymond. Mr. Willey, the Senator, was a resident of the county; was noted for his many eccentricities, and for his abilities as a legislator. He was by no means a handsome man, and for this reason was not called upon to divide his time with the ladies of Richmond, but was enabled to devote himself solely to the best interests of his constituency. It is related of Mr. Willey that when he used to go to Richmond as a representative he was as fond of personating the peculiar style of dress of the people as he was of representing their local interests in the Legislature. On one occasion he went to Richmond dressed in blue linsey breeches and brown linsey hunting shirt.