Breathitt County Court - Some Early History

By Herbert W. Spencer - about 1960

These are a few notes that I made concerning the Breathitt County Courts: On October 16, 1865, David K. Butler, Breathitt County Judge, selected the house occupied by A. H. Quillan, in the town of Jackson, Kentucky, for the place of holding the first circuit court, since the close of the great rebellion. This became the log courthouse that was located where the present Breathitt County Courthouse is now located. It was partially destroyed by fire during the Civil War and was unfit for holding circuit court. This court was presided by Judge Granville Pearl. Hugh F. Finley was the commonwealth attorney of this 12th Judicial District. He was appointed by I. F. Robinson, Governor of Kentucky. The seal of office by D. C. Wickliffe, secretary of state. James M. Lindon reported to the court that he had summoned 16 housekeepers in Breathitt County to serve as grand jurors. They were sworn in to serve as such and they were as follows: Miss Elizabeth Garr; John Roark; James D. Cape; Alfred Shackelford; Hardin Combs; James Little; Henry B. Haddix; Johnathan Stamper; Hardin Smith; Phillip Hays; Henry Davis; Samuel Howard; John Little; John McIntosh; John D. Fugate; and Wm. P. Sheffield.

The court then gave the grand jurors a very able and dignified argument by way of instructing them as to the duties they were called upon to discharge. Ordered that the court now be adjourned until tomorrow morning at 8:00 o'clock.

In October 1865, Ned Marcum served as clerk, succeeding T. P. Cardwell; and the bondsmen were James Lindon, William Spencer, and Joseph Little.

October 17, 1865, second day of court, pursuant to adjournment the court was called to order by the Hon. Judge Granville Pearl.

On motion of David Y. Lyttle, of Clay County, Kentucky, Josiah Combs and G. W. Daniel were admitted as practicing attorneys. A. B. Patrick, former clerk of the court, was ordered to produce all papers and records of the court and to present them to the judge, and receive a receipt from the court for the same.

There was reference made by the court, there being no jail in Breathitt County at this time, the sheriff is ordered to take prisoners to Perry County Jail. It appears the Breathitt County Jail was destroyed by fire at the time the log courthouse was partially burnt.

Edward Marcum (Uncle Ned) was clerk of the county court, at this time. His bondsmen were Josiah Little, William Spencer, and James Lindon.

May 26, 1866 - Circuit court convened in Jackson, Kentucky at the William Raney House. It having been selected by David K. Butler, county judge, for the purpose of conducting circuit court.

Sheriff James W. Lindon appeared in open court and took the oath as prescribed by law. He then summoned 16 housekeepers to serve as grand jurors.

May 20, 1867 - Circuit court convened by Judge Granville Pearl in the courthouse in Jackson, Kentucky.

October 1868 - Wm. H. Randall was presiding judge; A. B. Patrick and Samuel H. Patrick swore in as clerk and deputy clerk; and John Cardwell was jailor of Breathitt County.

May 1969 - Wm. Allen was sheriff.

1874 - Wm. H. Randall was judge. Special term of Breathitt County Court was September 22, 1874. Wm. J. Cope was appointed examiner for Breathitt County, and that his home in Elliottsville precinct be used as his office. The courthouse burned after November 15, 1873. A brick courthouse was built in 1877. Court was convened here by Judge Wm. H. Randall on November 26, 1877, with John L. Hagins as sheriff. The grand jurors were instructed and retired to their rooms to consider their business.

On June 26, 1876, court was convened in the courthouse in the town of Jackson, Kentucky.

Crucial circuit court note made in 1960: Dudley M. Craig, plaintiff, verses H. B. Crawford and Hiram Hollan; five-year interests, 184.

The first brick courthouse that was built in 1876 was remodeled in 1899. A new tower was erected at the top of the town. In the cupola was installed a clock, which struck on the hour. Residents of Jackson and nearby listened for the stroke of the old clock so they could set their clocks. The courthouse bell not only rang for court sessions, but also for any public speaking or disaster, such as fires or, perhaps, deaths.

The first log courthouse was repaired between October 16, 1866 and May 20, 1867. On October 1, 1867, court was convened by Granville Pearl, then Wm. H. Randall became judge.