0415_commissioners_agenda_full_2024

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Superior Court Judges: David Schenck, Superior Court Judge Ninth Judicial District of North Carolina. Judge David Schenck was the first judge to hold court in the newly constructed Cabarrus County Courthouse. This first court was held on 3 July 1876. Judge David Schenck was born in Lincolnton, North Carolina on 24 Mar 1835 to David Warlick, a surgeon, and Susan Bevins Schenck. He is the grandson of Dr. Michael Schenck, medical doctor and pharmacist in Lincolnton, who in 1814 built the Schenck— Warlick Mill, the first cotton mill in North Carolina. David attended Richmond Hill Law School in Yadkin County, NC and began the practice of law in Dallas, Gaston County, NC where he met and married Sallie Wilfong Ramseur the sister of Stephen Dodson Ramseur who would later become a General in the Confederate States of America Army. He then became the county solicitor of Gaston County. In 1860 he and his wife Sallie moved to Lincolnton where he became the solicitor. In 1861 with war looming he became the youngest delegate to the North Carolina Secession Convention. When the war began he became the Confederate States receiver for the state of North Carolina in Raleigh. He took this position due to his health conditions and not being suitable for active military service. As a money receiver, his duty was to handle huge sums of money for the Confederacy and North Carolina to support the war effort and the growing number of recruits coming into the service of North Carolina and the Confederate States Army. In the immediate post war period, he became a trustee at Davidson College. After the war, his position as a leader in the Ku Klux Klan and his resistance to the Radical Reconstruction policies of the Republican Party won him a seat in 1874 as the Superior Court Judge of the Ninth Judicial District of North Carolina. He held that position until 1882. On 3 July 1876 he was on the bench in Concord for the first trial held in the newly constructed Cabarrus County courthouse. He had invited Zebulon "Zeb" Vance, the former war time Governor of North Carolina, to come to Concord and speak at the opening of the new court room. Zebulon Vance accepted Judge Schenck's invitation and came to Concord. In 1880 the University of North Carolina recognized his legal services and awarded him an honorary LLD. He had also been offered a seat on the North Carolina Supreme Court but declined to continue his more private life and practice of law he was having in Greensboro. There are other possible reasons why he was not Chief Justice and those are scathing newspaper articles written about his past. While living in Greensboro, in 1887, he founded the Guilford Battlefield Company to preserve the Revolutionary War Guilford Battlefield. He is credited and recognized for saving the battlefield. Judge David Schenck died in Greensboro, NC on 26 August 1902 and is buried in the Green Hill Cemetery, Greensboro, NC. William James Montgomery, Superior Court Judge Ninth Judicial District of North Carolina. Judge William James Montgomery was the first Superior Court Judge to reside in Concord. He was appointed by Governor Scales in 1885. Born 14 August 1834 in Montgomery County, NC to Dr. John Henry and Mary Ann Christian Montgomery who had moved to Concord from Montgomery County. Both John and Mary Ann are buried in Oakwood Cemetery Sect. D-16. In 1855 William graduated from University of North Carolina. His occupation was attorney. He practiced law in Albemarle, Stanly County, NC until 1868 On 19 July 1853 in Stanly County he married Mary Glover Cottrell b. 30 Mar 1837 in NC, d. 18 Sep 1869 age 32 years. They had one child a daughter, Anna Montgomery 1866 —1932. William married a second time to Lucy Mayfield Richmond b. 15 Dec 1846 Caswell County, NC d. 19 Nov 1921, Concord, NC. Buried Oakwood Cemetery Sect. D-16. They had seven children. William's law practice was interrupted by the war when he enlisted as a Captain on 29 July 1861 at age 25 years in Albemarle in Co D "Stanly Yankee Hunters", 28th NC Infantry Regiment. He served as a Captain in Co D. On 12 June 1862 he was promoted to the rank of Major in the 28th NC. On 17 October 1862 and after a medical examination he resigned as a Major due to health reasons and declared unable to perform duties as a soldier. However, he did not leave military service but was promoted to Lt. Colonel as a Judge Advocate in the 28th NC Regiment. After the war. he returned to Albemarle to practice law and became the Solicitor of Stanly County. In 1874 he and his family moved to Concord, Cabarrus County to become the Solicitor of Cabarrus County from 1874 to 1883. He was the Cabarrus County Solicitor when the new 1876 courthouse and jail were completed. In 1885 he was appointed Cabarrus Counties first Superior Court Judge by Gov. Scales succeeding Judge David Schenck. Page 6 Page 21