Sunday, February 1, 2009

Isaac Newman

Isaac Newman was born in Botetourt Couty, Virginia on July 7, 1775. He died September 14, 1862, at Penrod. He was buried in the old Newman family cemetery, just north of Rocky Creek, and west of US Highway 431. The cemetery has now been destroyed by man and beast. Twice married, both of his wives are buried in the same cemetery.

Much of that land lying north of Rocky Creek at Penrod, on both sides of the highway, was once Newman property. Today, many of the older residents of the area still refer to the hills overlooking Rocky Creek's bottom land as "Newman Hill". The late Walter Mucphy and the late Levi Cox later owned part of that Newman estate.

Proving that Isaac Newman was in the Logan-Muhlenberg area prior to his tax listing in 1800, is his first marriage in 1797. Isaac's marriage to Rachel Rhoads on November 10, 1797, came at a time when Muhlenberg County was still a part of Logan, prior to its establishment in 1798. Newman probably then lived on his farm near Penrod, but at that time it was a part of the greater Logan County area.

His first wife, Rachel Rhoads, was the daughter of other pioneers, Daniel and Eva Faust Rhoads. Daniel was a brother of Henry Rhoads who was instrumental in establishing Muhlenberg County as it is known today. Rachel Rhoads was born November 17, 1780 in Bedford County, Pennsylvania. The Rhoads lineage is much to involved to detail here. The continued connection between the pionner Rhoads and Newman families is underlined in this fact. When Daniel Rhoads' first wife, Eva Faust, died in Nelson County, Kentucky, Rhoads took for his second wife, Elizabeth Newman, daughter of Thomas and Mary Newman. That marriage took place on March 10, 1794, presumably in Nelson County. Of course, that family later moved to Logan County. The part of that county in which they lived became Muhlenberg County in 1798.

Rachel Newman died on November 11, 1820. (This date is sometimes disputed, but is close, as her last c hild was born ca. 1818 and Isaac remarried in 1823.) She, as noted, is buried in the Newman Cemetery at Penrod. She was the mother of 10 children for Isaac Newman.

After her death, Isaac, then 48 years old, married young Nancy Jane Unsell, who was 18 at the time of the marriage on October 14, 1823 in Muhlenberg County. Nancy was the daughter of Abraham Unsell, Sr., and his wife, the former Anna Stovall. Nancy was born November 4, 1804 in Muhlenberg County and died at Penrod on July 31, 1865, being buried beside Isaac and Rachel. She bore eight documented children for Isaac Newman.

The farm at Penrod remained in the Newman family for at least one more generation. The Rev. Henry Green Newman, a Mehtodist minister and son of Isaac and Nancy, owned the land late in the century, or perhaps even into the early part of the 20th century. A granddaughter, Hattie Howes Cox (Mrs. Levi) and her husband owned a portion of that land through the middle of this century or later.

The Early Newmans

The Early Newmans

Isaac Newman was the son of Thomas Newman and Mary (maiden name unknown at this time). Isaac was born in Botetourt County, Virginia on July 7, 1775. His father was born in England and died in Nelson County, Kentucky. It is not proven that Thomas Newman ever lived in Muhlenberg County, though early census records indicate that he did. However, it must be remembered that anyone owning land in an area prior to 1800 was listed as a citizen of that area. Perhaps, Thomas, like his son, Isaac, owned Muhlenberg County land, but did not live here. Possibly, however, he did. Another possibility is that the Thomas Newman, who was listed in Muhlenberg County, was the brother of Isaac Newman.

Just prior to 1800, the great western movement swept a vast number of Virginians, North Carolinians and Pennsylvanians toward Kentucky and Tennessee. The wilderness west of the Appalachian Mountains was not tamed. The Newmans were among those who came during this historic westward movement. In 1785 the movement began in Brothers Valle, Pennsylvania and spread through Virginia and North Carolina, bringing more than 80 families involved in spell out in the 1962 publication "Two Centuries of Brothers Valley" by H. Austin Cooper.

The 1799 tax list of Muhlenberg County did not list any Newmans. However, in 1800 the tax list showed both Isaac Newman as paying taxes, but listed no acreage or family size. Isaac was surely a resident, and Thomas may have been. Isaac was in Logan County prior to the formation of Muhlenberg County, and paid his taxes there prior to 1800.

There seemed always from the start, to be a close tie between the Newman family and the early Welborn family. Their lands adjoined in south Muhlenberg County and there were several marriages recorded between members of the two families.

For some reason, Otto Rothert, in his history of Muhlenberg County, does not deal heavily with the pioneer Newman and Welborn families. However, in a very detailed account, he repaints the brutal murder of Elizabeth Reid Newman, the young wife of Thomas Charles Newman Jr., grandson of Isaac. The younger Newman is a product of one of the Newman-Welborn marriages.

For at least the first 50 years of the existence of Muhlenberg County, the only Newmans were those descended from Isaac.

In 1810, the only "Newman" listed was Isaac Numan, who with his wife, Rachel (Rhoads), had six small children. In 1820, he said Rachel had seven children. There was also a household headed by Thomas Newman, which surely was Isaac's older son. He had a wife and one child.

Another son, Jacob, joined the heads of households in 1830. Isaac was listed, with his second wife, Nancy (Unsell) and seven children. Thomas and Jacob were nearby. Each had a wife and four children. These were the sons of Isaac and Rachel.

The year 1840 was the last federal census which did not list the wives and children of the head of households. In this, Isaac and his family, now totally 11, were still recorded. Also the son Thomas was recorded with nine in his family. A widow, Elizabeth, appeared for the first time with nine in the family. She was the widow of Isaac's son Jacob, who died in early 1840. A new name was added, this of W. Y. Newman, who later was prominent in the tabacco industry in Greenville. He was the son of Thomas Charles Newman, Sr. and Lennie Welborn, and the grandson of Isaac.

Thus, with the coming of the more detailed 1850 census, the early Newmans were now fixtures of Muhlenberg County for more than 50 years. From their earliest in the County's southern portion, the Newman clan was now beginning to move to other areas of the County, becoming especially prominent in the Greenville area, as well as at Penrod, Belton, Beech Creek, Drakesboro and other communities already established, or just waiting to appear on a map.

The Kentucky Migration

The Kentucky Migration
"Two Centuries of Brother Valley" by Rev. H. Austin Cooper.

It concerns the migration to Muhlenberg County from Pennsylvania of members of the Church of the Brethren, commonly called the Dunkers. The migration was headed by Captain Henry Roth, Jr., who changed his name to Rhoads. He became Muhlenbergs, first representative in the Kentucky General Assembly and named this county for General John Peter Gabriel Muhlenberg, his commanding general in the Revolutionary War.

The terrible winter of 1784-85 all but depleted the hopes of the frontiersmen who had faith in the crops of the spring and summer. The snow began early in October and continued almost without letup until after Easter. This is not uncommon to the area as the storms both in summer and winter come quickly and violently and often last for long periods without diminishing in force and fury. The altitude and the formation of the mountains to the west and east cause the storms to funnel into this area. As related to the former section of Brothers Valley, the area is like an inverted saucer or dish lifted up above the surrounding countryside. Thus the storms beat heavily upon the land and temperature drops quickly and holds on for many weeks sometimes without varying much either way. On Easter Monday when the sun shined warmly, the snow measured 85 inches on the level. This was one of the contributing factors for so many people leaving the area. However, this was only one.

Perhaps the other factors that induced the settlers to seek more pleasant settlement in the southern wilderness were the stories of some of their relatives such as Captain Henry Roth Jr., and Phillip Aswald who had traveled extensively in the Kentucky country. They came back with glowing tales about the rich and fertile grasslands of the "blue grass region". At that early time most of the land was unsettled and there seemed to be room for all to settle in a more temperate climate. No doubt, the determining factor for their departure from Bruedersthal in the summer of 1785 was the dual fact that the State of Virginia offered free land to her soldiers who fought in the Revolution.

Many of the young men who had joined the Brothers Valley Militia and followed General George Washington throughout his campaigns against the British, received large land grants in then what was called "Western Virginia", which was the Kentucky County.

Captain Henry Roth, Jr. led more than 100 to Kentucky from Pennsylvania, Maryland, Virginia and what is now West Virginia. Several from New Jersey joined the band at New Market, Virginia, in the early part of the summer of 1785 and proceeded to the new "promised land."

For the most part, the people in the party were listed as heads of families. To be sure, there were many children in the group. It seems that they went by way of Winchester, Virginia and there met a group from Maryland, especially from Washington and Fredrick counties. It is known that at least a dozen from the Pipe Creek country, in what is know Carroll County, met them at Winchester and accompanied them to New Market, Virginia. Here they rested for several weeks before going on to the Roanoke Settlement where many others met the band and proceeded on their way.

The other reason for so many going along with the small band of leaders who received "military grants" were those who were termed later in Kentucky as "squatters" on the land. These people had the approval of these who received the grants. They were the workers and the tillers of the soil for these large landholders. Many of them later bought tracts for their homes and settled permanently in Kentucky. About 1800 there was another movement from Kentucky across the Ohio River into Ohio, Indiana, Illinois, Missouri and into the Black Hawk country of Iowa. Now for the heads of families in Captain Henry's band:

1. Captain Henry Roth, Jr. and wife Elizabeth Stoner, of Pipe Creek Maryland, daughter of Elder John Stoner.
2. Solomon Rhoth (Rhoads), brother of Henry, later to become a famous Elder of the Church.
3. Elder George Boone, brother of Daniel, elected to the eldership of Stony Creek Church in Pennsylvania, 1770; also became active elder in Kentucky and Ohio.
14. Henry Moore (Mohr) settled in Logan County, Kentucky., thence to Logan, Ohio.
49. Daniel Roth (brother of Captain Henry), first wife, Eva Faust, died in Nelson County, Kentucky. Second wife was Elizabeth Newman, married March 10, 1794, daughter of Thomas and Mary Newman.
54. Solomon Roth (Rhoads) and wife, Rachael, daughter of Elder "Squire" Boone.
59. John Hunt and family, also near Rocky Mount, Virginia.
67. David Rhoads, brother of the famous "Captain Henry"; David married Elizabeth Vaught Dec. 2, 1798.
72. Hartman Hunsaker, from Lancaster County, Pennsylvania and wife, Anna. Children: John Hunsaker, wife, Magdalena Berg (Birg). She was the daughter of Nicholas and Barbara Berg of North Carolina. Children: John Jr., Barbara, Nicholas, Hartman, Jacob, Joseph, Abraham, George, Catherine, Magdalena, Andrew, Samuel (all of these joined the company from North Carolina). Andrew married Mary Rhoads, whose full name was Mary Catherine Rhoads. Samuel married Hanna Rhoads, children of Joseph Rhoads, will recorded, 1799, Muhlenberg County, Kentucky. Other daughters of John Hunziker married Huber (Hoover), of Virginia, Snyder of Stony Creek, Ohio, Mozier Huffman of Muhlenberg County, Virginia.

The following moved from Brothers Valley, Pennsylvania, Pennsylvania to Shenandoa County, Virginia, 1783, and to Kentucky, 1785, with the Company; Abraham Simon, Christina Vaught.
76. Thomas Newman and Mary, and daughter Elizabeth who married Daniel Rhoads (second wife).

James Dudley Welborn Divorce Papers

Taken from:
James Welborn of Muhlenberg Couty and His Descendants
By Gail Jackson Miller
p 45 & 46

James Dudley and Malinda's rocky marital relationship was revealed
by their divorce suit in Muhlenberg County Circuit Court. The suit was
first brought by James Dudley WELBORN in September 1841 (313) with the
divorce being uncontested, even though Malinda had numerous relatives in Muhlenberg County at the
time. James Dudley's deposition written 18 August 1841, revealed several detains that were accepted
by the court.

" To the honorable the Judge of the Muhlenberg Circuit Court in chancery setting humbly. Complaining shewest unto your honor James D. Welbourn that some years ago he intermarried with Malinda Newman and had by her 8 children. She having 9 children during the time they lived together your mater states & charges that he at all times treated his said wife Malinda kindley that he was more indulgent than any husband in Kentucky too much so for his own good and happiness, never mistreating her in any way or manner that he loved her better probably than any other man ever loved his companion He was therefore doubless too indulgent as the Suit will show, for several occasion left your mater to live in adultery with a certain Lasley, and has been frequently privately with of similar conduct with other--your mater believed such to be the fact, yet as they had a large family of helpless children he concluded to bear with her conduct and live with her & raise their little ones But your mater expresley States that the last child She had was not his Said child is now an infant. She Said Malinda says that Said infant is not your maters but that a certain Hilary Newton is its father, that for the last 12 or 18 months Said Newton has had frequent communications with her carnally that he is the father of her last child, that said Newton admitted that he is its father and as conclusive evidence thereof, said Malinda on the [blank] day of [blank] 1841 left the bed & went with her furnishing her a horse to ride & has ever since living in open and [unreadable] adultery together, that she is a base and whoreish woman, To the end therfore that Justice may be done in the premises, & his grievances addressed and as he has no remedy save in a Court of Chancery, and he believes the laws of his country will release him from all obligations due from husband to his wife he prays that Said Malinda Welborn be made defendant thereto that She answer the obligations hereof...
James D. Welborn"

No divorce was granted to James Dudley WELBORN in March 1842 Court. (314)
Interestingly, the Hilary NEWTON named in the suit, appeared with his wife in the 1850 Logan
County, Kentucky census. Evidently, James went after Malinda and brought her home, but she was
still unhappy. Proceedings were once again brought into court showing Malinda's adultery with more
than one man with James seeking a divorce. Deposition in the case reported that Malinda left the
county in the company of Mathias CAIN and was living with him in Illinois as his wife. A divorce was
granted to James in the September 1845 court. (316)

footnotes on page 44:

313.
"James D. Welbourn again Malinda Welbourn,"
Sept 1841, Muhlenbery Co., KY Circuit Court Orders No. 7, Feb 1837-Sept 1841, 1841 term,n.p.
Muhlenberg County, KY Circuit Court Records Room, MCCH.

314.
"J. D. Welbourn vs. Mrs. Welbourn" March 1842, Loose papers in bundle marked "Judgements March, 1842, R-Z" in drawer marked
"Judgements March term 1842", Muhlenberg Co., KY Circuit Court Record Room, MCCH.

316.
"Welbourn vs Welbourn," 20 Jan 1845, Loose papers, drawer marked "Judgement in March term 1845, Muhlenberg Co., KY Circuit Court
Records Room, MCCH.

James Welborn Will

Muhlenberg County
State of Kentucky

This last will and testament of James Welbourne Yeoman made this 30th day of September 1826 1st I wish a sufficiency of my property to be sold to pay all my just Debts I give & bequeath to my sons William & Willis tow hundred acreas of land the survey whereon my son James D. Welborn now lives to be divided equally between the two, likewise a young horse & saddle to Willis & a bay colt and saddle to William. I give to my son James D. fifty acres of land that formerly belonged to Abraham Billings. I give to my three youngest sons Ransom, Jesse & Benjam the tract of land I am living on at the Death of their mother to be equally Divided amongst them likewise a horse apiece as they may come of age of ordinary value about equal to that of the rest this I have named giving to my five youngest sons It to make to them equal with my seven oldest children. I give & bequeath to my beloved wife Elizabeth Welborn the farm where I am living her her natural life time & all the property of every description belonging to me after my just Debts be paid are for her during her life time then all in possession (except herein named to the youngest children) to be equally divided amongst all my children I likewise select & appoint my wife Elizabeth Welborn my executor. Given under my hand & seal the day & date above written.
James Welborn
Test
John Howel
Matthew G. Willis [his mark]
Thomas Newman

James was dead by the next court day. His will was probated October 1826 in Muhlenberg County Court and proven by the oaths of Thomas Newman and Matthew G. Willis. When a person died, the neighbors "laid him out", dressing and washing the body in preparation for the burial. Friends probably sat up with the body overnight, with burial the next day. While he was being dressed, other friends may have dug the grave.

James was buried in Hazel Creek Cemetery in a grave marked by a coffin-shaped grave covering with the inscription on the flat, top surface. He was buried near the front center of Hazel Creek Cemetery; one of the first to be buried there.

The widow, Elizabeth Welborn was evidently a very capable woman. She served as the executrix for her husband's estate even though she could not write her name. By 17 Nov 1826, she had inventoried the estate and returned the list to the court. John B. Smith, Robert Dudley, and Matthew G. Willis witnessed the accuracy of the inventory. A sale was held, and the sale bill of the property was returned to the December 1826 Court. All accounts and deeds were settled by 8 August 1829.

James Welborn of Muhlenberg County, Kentucky

James Welborn of Muhlenberg County
By Gail Jackson Miller

By 2 July 1803, James and Elizabeth Welborn had settled in southern Muhlenberg County, Kentucky. Census records recording the birth places of their children suggest that they probably had come from North Carolina. They found the land of Muhlenberg County to be made up of hills and valleys covered by a continuous hardwood forest. The trees were so large and provided so much shade that little underbrush grew. Gigantic oak, poplar, hickory, walnut, and beech trees grew over most of the county with tall pines overhanging the cliffs near Clifty Creek in the extreme south.

Settlers from the Carolinas typically entered Kentucky by the Cumberland Gap. The Welborn's probably traveled with a larger party of friends, neighbors, or other people going to the same place. Often, people would gather in western Virginia or eastern Tennessee waiting for a larger group to gather for travel. Census records including Lenny, the last Welborn child born outside Kentucky, suggest that she may have been born as the Welborns were making their way from North Carolina and preparing to come to Kentucky. Perhaps Lenny was born as they waited for this larger group to gather prior to coming through the Gap.

The couple traveled with at least four young children: Nancy, Thomas, Rober and Fanny with the baby, Lenny perhaps being born along the way. Travel was difficult, especially with the young children. Everything that they would need in the new country had to be carried in by pack horse. Men frequently walked carrying rifles to guard the pack horses. Women often carried their babies as they walked or rode. Very young children might be placed in cages or baskets made of hickory and placed on the sides of a gentle horse. Slightly older children rode a horse with large rolls of bedding placed before and behind.

Land was a driving force for the mass movement of settlers into Kentucky after 1800. Parents with children wished to locate where their children could find homes around them when they married. James Welborn followed this model as he settled on his first acreage of Clifty Creek in 1803. He had probably built a rude cabin and was growing a corn crop by the time he appeared in the 1803 tax list. Settlers were required to occupy the land, plant a crop, and live on the land for a year to gain possession. His claim registered on the land the next year established his residency.

During these early years on the 200 acre Tolbert tract, James probably built a one-room cabin. It may well have been sililar to others in Kentucky during this time period. Danile Drake (circa 1790) describes his family's first cabin in Kentucky as being "about the size and form of [his daughter's] dining room - one story high - without a window - with a door opening to the south - with a half finished wooden chimney - with a roof on one side only...." They may well have lived in this first cabin "on the waters of Rocky Creek on a ridge between said creek and Hazel Creek" for several years. In October of 1807, Robert Dudley, assignee of James Welborn, entered a claim on the property. It is unknown how or if Robert Dudley was related to Elizabeth Dudley Welborn, but the Welborn's continued to appear on the tax list with this property until 1809.

Corn was a staple of pioneer life. Undoubtedfly, James Welborn also planted a crop of corn. Corn would grow in the newly claimed fields still dotted by the large trees killed by belting. Even though the fields were still mangled with roots and covered with sticky burrs, corn with only moderate cultivation would yield 60-80 bushels per acre. It not only provided nutritious food for humans but for every domestic animal as well. Pumpkins might have been grown between the stalks of corn, turnips in some corner, and melons planted in the center of the field not visible to the trespasser.

Kentucky's first surviving census was taken in 1810. The Welborn household was made up of the nine oldest children: Nancy, Thomas, Robert, Fanny, Lenny, James Dudley, Elizabeth, William, Willis, Ransom, Jessie and Benjamin. James and Elizabeth, an unknown male between 10-16, an unknown older male above 45, and an unknown female above 45. Mostly likely by this point, James had added to his original cabin. Maybe he added an adjacent cabin which shared a common chimney stack; the "saddle-bag" house, or maybe the second cabin had a wall in common creating the "double pen." Both types of houses were common in this area of the upper south.

In 1812, James Welborn was taxed for a new piece of property and was probably living there, waiting to become eligible to claim the land. Frederick Phillips had a tract on the Hynes fork of Bateast Creek surveyed in 1804. James Welborn, as an assignee of Phillips, entered his claim 20 January 1815. By this time, James and Elizabeth's older children were marrying and settling down with their own families. James and Elizabeth sold 84 acreas of the 200 acre tract to their son, Robert in 1817. Two years later, they sold the remaining 116 acreas to Robert Dudley. Robert Dudley then sold the entire tract to James and Elizabeth Welborn's son, Thomas.

By 1820, James had purchased the tract of land he would live on the rest of his life from John and Polly Vaught. The Vaught's sold James Welborn the "Benjamin Biggerstaff survey" on 11 Dec 1819. By this time, James Welborn was becoming a prosperous land owner probably living in a larger home. An inventory of his furniture at his death, included a cupboard, a desk bureau, five beds, thirteen chairs, a table, two chests, and several other pieces simply called "furniture". His house would certainly have been larger to accommodate this much furniture.

James and Elizabeth may have lived in a large type of house common to the area. Two separate cabins or pens were built and connected by a covered passageway called a dogtrot. Generally one pen was used for general living and the other as a kitchen and dining room. The dogtrot was a cool place for the family to eat in summer. Sleeping was done in the attic which may be been reached at first by a ladder. Later a porch would probably have been added to the front of the house. The chimney was probably dressed sandstone, a common type of chimney in the large houses. Thomas Welborn was one of the best stone-masons in the county and James Dudley Welborn also listed himself as a stone-mason in the 1850 census. Perhaps James' sons helped him build his chimney or maybe James Welborn also had these skills and had taught his sons.

The 1820 census showed the Welborns household to be composed of a large number of men and male children. The three males under 10 would have been Ransom Dudley, Jesse K., and Benjamin R. The two males, age 10-16, were most likely Willis and William. The teenage male, age 16-18, would have been James Dudley. The male over age 45 years was the father, James Welborn. Another male, age 16-26 years, cannot be identified at this time. Women in the household included the mother, Elizabeth age 26-45, the unmarried daughter , Elizabeth age 10-16 and one unknown child under ten. With this amount of male farming help, James continued to buy and farm new land. These sons would also need land when they came of age. James continued to acquire property: an 8 acre tract from Abraham Vaught which added to his "Biggerstaff survey, a 200 acre tract from Simeon Vaught, a 50 acre tract from Abraham Billings, and a 50 acre tract from Peter Boggess. All of this last land ended up with his sons.

Religion had become a more important aspect of pioneer life in southern Muhlenberg County by the time the Welborn family had come to Muhlenberg County in 1803. "The Great Revival", originating among the Presbyterians in 1796 in Logan County, continued to affect religious life in the area. Powerful Presbyterian and Methodist preachers held meetings which attracted people from all over southern Kentucky and northern Tennessee. Congregations gave way to "shouts of joy", "falling exercises", and "the jerks" as these camp meetins continued across several days.

Hazel Creek Baptist Church had been organized 3 Dec 1798 in the southern part of Muhlenberg County where James and Elizabeth Welborn would settle. Benjamin Tolbert, who had commissioned the survey for James and Elizabeth's first land, was the first pastor. Brother Tolbert, a native of North Carolina, was the pastor until 10 Nov 1834. Perhaps the Welborns were attracted to the plain-spoken style of Brother Tolbert or perhaps to the kinship of the common bond between North Carolineans. Regardless of the reason, Benjamin Tolbert became their pastor.

The Baptists of Muhlenberg County generally did not participate in the "exercises" of the Great Revival, although certainly individuals were affected. Even though the original rolls do not mark the dates or circumstances surrounding their membership, perhaps James and Elizabeth Welborn were caught up in the zeal of the times. James and Elizabeth do appear on the membership roles of Hazel Creek Baptist Church along with most of their children and their spouses.

Sabbath services were one of the most important social encounters for the pioneers. Because the pioneers had to come from such great distances to church, services were not usually held weekly. From the organizions of Hazel Creek Church until 1844, services were held on the first Saturday and Sunday of each month. In 1810, at another Baptist Church in Kentucky, Daniel Drake recalled "neighbors shaking hands and inquiring after each other's families: a little group learning against the fence in conversation: another seated on a bench talking it over; another little party strolling among the graves and squads of children sitting or lying on the grass to rest themselves." Hazel Creek with its central location and quiet cemetery must have displayed much the same scene.

Even though Sundays were a guarantee of social contact, there was another important day for socializing each month for the men. On court day, "the Kentuckian is willing to exchange, or swap, everything he owns from his bluegrass farm to his jack-knife. One can trade extensively on court day without having a cent of money; the only currency he need have is a young filly or a foxhound. Dogs are legal tender in Kentucky. Every month, men from all corners of the county went to Greenville to shop, socialize, trade, and see the spectacle. It was no considered proper for women to appear on the crowded streets during court day, but the number and activity of men and boys gathered on that day gave the town a festive atmosphere.

James Welborn was no immune to the draw of court day, sometimes conducting business and participating in court activities. He appeared in the court records on court day on 23 April 1804 when he claimed his first 400 acres of Muhlenberg County land between Rocky Creek and Hazel Creek. He served as a juror for the circuit during the March 1805 term. James Welborn acted as a security for John Eaves, Constable for Greenville 18 April 1808. No doubt he was present on many other occasions siply to socialize and trade.

Until 1850 and the Third Constitution of Kentucky, every white man over the age of sixteen and under the age of forty-five was considered to be soldier. Soldiers reported to the mustering place about six times a year: the company musters took place in April, June, August, and September; the battalion muster took place in May; and the regimental muster occurred in October. Up until about 1820, the citizen soldiers actually met for the purpose of drilling. Every man furnished his own gun. James Welborn may well have carried the shotgun or the rifle mentioned in the inventory of his property after his death. Other men who had no firearms to bring would enter the drills with a trimming sapling or corn stalk. The "Corn Stalk Militia" provided a day for gathering, drilling, bragging and gaming.

At the age of 55, James Welborn would not have been considered a young man. The hard work and deprivation of pioneer life must have taken their toll. As James Welborn approached the end of his life in the fall of 1826, a host of extended family and friends probably gathered around the Welborn home, still most likely composed of James, Elizabeth, and their five youngest sons. Friends and neighbors would have taken turns staying through the night at the sickbed. As death approached by the end of September, friends and neighbors not only were needed for comfort but as witnesses. John Howel, Matthew G. Willis, and James' son-in-law, Thomas Newman, were all present at James' bedside when he wrote his will on 30 September 1826. The family and the land had to be protected even in his death.