Tag Archives: Thomas H. Harvey

Plyant Mahon Petition (1889)

04 Sunday Feb 2018

Posted by in Hatfield-McCoy Feud

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Plyant Mahon/Mayhorn, born c.1855, married Vicie Hatfield, daughter of Valentine “Wall” Hatfield in 1877 in Logan County, WV. He was an active participant in the Hatfield-McCoy Feud.

State of West Virginia

Logan County to wit

The Petition of Plyant Mayhorn filed in the Circuit Court of Logan County in vacation

To the Hon. Thos. H. Harvey, Judge of the Circuit Court of said County.

Your Petitioner would beg to represent unto your Honor that at the April term 1889 of the circuit court of Logan County he was indicted by the Grand Jury of said County there in session at said term of said court for unlawfully accepting a gift with the intent that he your said Petitioner should vote for one F.M. White at a general election held in this county in November 1888 that he was not apprised or notified of the finding of said indictment during the said term of said court that he was not aware nor had he any knowledge whatever of the existence of said indictment until a few days ago it then being fifty days after the finding of said indictment.

Your Petitioner would further represent unto your Honor that a few days since a capias was issued from the circuit court of this county in said indictment and placed in the hands of F.M. Chafins sheriff of said county who immediately and unceremoniously arrested your Petitioner, ruthlessly tore him from his home and family in the dead of night and hurled him into the Jail of this County where he is now ignominiously incarcerated.

And your Petitioner would still further represent unto your Honor that he is a husband and father with a wife in delicate health and five children of tender age looking up to him alone for bread, that he is a farmer without any other means whatever of support but the product of the soil of his little farm realized by the hard and continuous daily labor of your Petitioner, that this is the season of the year in which the husbandmen must attend carefully to his sewing or there will be no reaping next harvest, and that he is ready and willing to comply with any order made by the circuit court of this County or by your Honor in vacation.

Your Petitioner therefore prays that your Honor make an order in vacation directing the clerk of the circuit court of Logan County to admit your Petitioner to bail taking bond with good security in such sum as your Honor may see fit to fix. He also prays such other and general relief as your Honor may see fit to grant. And in duty bound he will ever pray etc.

Plyant Mahorn

Plaintiff

***

State of West Virginia

Logan County to wit

Plyant Mahorn the Petitioner in the foregoing Petition being duly sworn says that the facts and allegations therein contained are true.

Plyant Mayhon (his mark)

Taken, sworn and subscribed before me this __ day of May 1889.

S. Kelly, Notary

IMG_4303.JPG

Source: Logan County Clerk’s Office, Logan, WV.

Johnson Hatfield (1890-1900)

28 Tuesday Nov 2017

Posted by in Culture of Honor, Gilbert, Hatfield-McCoy Feud, Matewan, Pikeville

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From the Logan County Banner of Logan, WV, and the Huntington Advertiser of Huntington, WV, come the following items relating to Johnson Hatfield:

Johnson Hatfield Notice of Deposition LCB 02.20.1890.JPG

Logan County Banner (Logan, WV), 20 February 1890. Also appeared on 13 March 1890.

***

Johnson Hatfield v. N&W RR LCB 07.30.1891.JPG

Logan County Banner (Logan, WV), 30 July 1891.

***

We are glad to see that Johnson Hatfield, who has been confined to his room for the last ___ weeks, is able to be on the street again.

Source: Logan County Banner (Logan, WV), 2 March 1893.

***

There was an unfortunate difficulty at Matewan on Sunday last in which Mr. Johnson Hatfield was severely wounded through the hand. His son had become involved with an officer which drew his father into the trouble.

Source: Southern West Virginian via the Logan County Banner (Logan, WV), 1 January 1896.

***

Johnson Hatfield, accompanied by his daughter, Miss Dollie, left on Monday last for a visit to friends and relatives in Mingo county.

Source: Logan County Banner (Logan, WV), 23 January 1897.

***

Johnson Hatfield and daughter, Miss Dollie, have returned from a visit to friends on Sandy.

Source: Logan County Banner (Logan, WV), 6 February 1897.

***

Johnson Hatfield, the genial proprietor of the Oakland Hotel, is visiting friends at Pikeville, Kentucky.

Source: Logan County Banner (Logan, WV), 28 August 1897.

***

Johnson Hatfield has returned from a visit to Pikeville, Ky.

Source: Logan County Banner (Logan, WV), 9 October 1897.

***

Johnson Hatfield is at Williamson this week.

Source: Logan County Banner (Logan, WV), 23 October 1897.

***

The many friends of Mrs. Johnson Hatfield will regret to learn of her serious illness. She has a very bad attack of rheumatism.

Logan County Banner (Logan, WV), 13 November 1897.

***

Johnson Hatfield and wife, of Mingo, passed through here [Chafinsville] last Sunday en route for Vanceville, where they will make their future home.

Source: Logan County Banner (Logan, WV), 21 April 1898.

***

HATFIELD KIDNAPPED.

TAKEN TO KENTUCKY ON A SERIOUS CHARGE–NOW IN JAIL.

Johnson Hatfield was arrested yesterday and taken to Pikesville, Kentucky, and lodged in jail on a charge of being an accomplice in the murder of Alifair McCoy on New Years night about nine years ago. This murder was committed during the feud of the Hatfields and McCoys.

Source: Huntington (WV) Advertiser, 20 July 1898.

***

Johns Hatfield Captured LCB 07.21.1898

Logan County Banner (Logan, WV), 21 July 1898.

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Johnson Hatfield Interview LCB 8.11.1898.JPG

Logan County Banner (Logan, WV), 11 August 1898.

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Johnson Hatfield LCB 10.20.1898.JPG

Logan County Banner (Logan, WV), 20 October 1898.

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Johnson Hatfield LCB 1.19.1899.JPG

Logan County Banner (Logan, WV), 19 January 1899.

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Johnson Hatfield Gets Life HuA 01.21.1899.JPG

Huntington (WV) Advertiser, 21 January 1899.

***

Johnson Hatfield LCB 4.12.00.JPG

Logan County Banner (Logan, WV), 12 April 1900.

NOTE: Not all of these stories may pertain to the Johnson “Johnse” Hatfield of Hatfield-McCoy Feud fame. For instance, items relating to the Oakland Hotel and a daughter named Dollie relate to a Johnson Hatfield (born 1837), son of George and Nancy (Whitt) Hatfield.

Confederate Reunions in Logan County, WV (1911-1914)

02 Thursday Nov 2017

Posted by in Big Creek, Breeden, Chapmanville, Civil War, East Lynn, Holden, Huntington, Logan, Man, Pecks Mill, Shively

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From the Logan Banner and Logan Democrat of Logan, WV, come these stories of Confederate reunions in Logan County, WV:

Logan Wildcats 1900.jpg

Logan Wildcats Reunion, Chapmanville, WV, 1900.

Confederate Reunion

The old Confederate soldiers will hold their semi-annual reunion at Chapmansville next Saturday. A good time will be had by all who attend.

Source: Logan (WV) Banner, 1 June 1911.

***

OLD SOLDIERS MEET

Members of Camp Straton U.C.V. Hold Reunion at Chapmansville

EDITOR DEMOCRAT: The Confederate veterans of Camp Straton met at Chapmansville on last Saturday in celebration of the fiftieth anniversary of their enlistment in the cause of the Southern Confederacy. They were met and greeted by Daniel Smoot and several others from our sister county of Boone, and Robert Lewis of Lincoln county. J.W. Harvey was also present. M.L. Campbell of the Soldier’s Home, at Richmond, Va., enjoyed the pleasure and opportunity on this memorable occasion to once more greet his old comrades of the Lost Cause.

They met, shook hands and greeted each other, and at times the writer could detect the tears in the eyes of these old veterans, which showed the true spirit of these old comrades as they talked of the days when they followed Lee and Jackson, Johnson and Longstreet and others of their immortal leaders in the battles of Gettysburg, Bull Run, Piedmont, Manassas Junction and many other of those famous battles which today stand in history as sentinels of one of the bloodiest and hardest fought wars in the history not only of this nation but of the world.

After forming line and roll call, to which there were comparatively so few to answer, they once more marched the streets of Chapmansville, where just fifty years before to a day they marched when full of life and vigor. But now their bent forms and halting steps mark most sadly the passing of time.

In Federal burying grounds alone, 359,284 soldiers lie, while countless thousands have been buried in plots at home. On the Confederate side doubtless as many more may be counted. What a pitiful sacrifice of blood, the young and strong and brave blood of the nation. Doubtless war stirs certain feelings and virtues into action that otherwise would lie dormant. Perhaps it settles certain questions not otherwise easily adjusted. But it is hard to think that an intelligent Christian nation should ever need to resort to it.

When the noon hour came the veterans marched to the home of Mr. John Ferrell, where refreshments and a fine dinner was served. They then marched to the center of the village, formed a hollow square and held a brief business session.

A committee of three was appointed to draft suitable resolutions to the memory of their deceased comrades. Hon. J.B. Wilkinson, C.E. Whitman and W.F. Butcher were appointed on this committee.

A committee of two was appointed to gather the names of the sons of all the veterans in Camp Straton, said list to be submitted at the next reunion, at which time they expect to organize the Sons of Veterans. C.E. Whitman of Logan and R.L. Stone of Big Creek were appointed on this committee.

A clerk was also appointed to keep the record of the Camp.

It was also suggested that the commandant get in communication with the Daughters of the Confederacy, and secure a cross of honor for each veteran of the Camp, which cross of honor is to be handed down to the oldest son as a souvenir.

After the business session, prayer was offered by Chaplain W.D. Garrett.

The people were entertained for some time by short and breezy speeches by the veterans and their sons, which were very much applauded and enjoyed by all.

We then enjoyed the song of the starting of the Logan volunteers, June 3, 1861, by the wife of a veteran.

The meeting then adjourned to meet at Logan on Saturday, October 7, 1911.

The following veterans were present at roll call:

William H. Ellis

J.E. Acord

T.B. Farley

J.K. McNeeley

N.B. Barker

Simpson Ellis

J.E. Thompson

J.C. Chapman

George Bryant

J.H. Allen

John Wallen

Obadiah Workman

John G. Jeffrey

J.W. Harvey

M.L. Campbell

J.I. Dingess

J.S. Miller

M.D. Stone

David Hale

Hiram Pridemore

William Nelson

J.W. Blevins

Calvin Bias

Francis Collins

David Workman

L.D. Stollings

W.D. Garrett

L.D. Perry

Albert McNeeley

Henry Mitchell

John W. Holdron

Sol Adams

B.F. Curry

David K. White

Harrison White

Isaac McNeeley

Bolivar McDonald

John W. Neece

Greene Thompson

F.B. McDonald

W. Farmer

W.D. McNeeley

Anthony Bryant

Alvis Hall

Reuben White

F.S. Vickers

William White

J.B. Lowe

Patterson Dingess

W.H. Whitman

Daniel J. Smoot

Fulton D. Ferrell

Astynax McDonald

T.C. Conley

Beverley Spencer

George R. Scaggs

Respectfully submitted,

Charles E. Whitman

Source: Logan (WV) Democrat, 8 June 1911

***

Camp Straton Reunion LB 09.19.1913 4.JPG

Confederate flag over the Logan Courthouse, Logan (WV) Banner, 19 September 1913. Photo from 23 October 1911.

Confederate Reunion

Camp Straton of the Confederate veterans met in this city October 23, 1911, and had dinner at the Buskirk and Peck Hotels as the guests of Judge Wilkinson and Mrs. Vicie Nighbert.

The meeting was called to order at 1:30 p.m. by M.D. Stone, Commandant, and George Scaggs was elected to the office of Third Lieutenant. Motion carried unanimously to meet hereafter on the fourth Tuesday in September, and Logan was chosen as the place for the next meeting.

Judge Wilkinson delivered an able address at the close of the business meeting and suggested organizing a camp of Sons of Veterans, a meeting for which purpose has been called for Saturday, Nov. 4th, at 1:30 p.m., at the court house.

United States Senator William E. Chilton then delivered a very interesting address which was received with great enthusiasm.

After a vote of thanks by the Company to Judge Wilkinson and Mrs. Nighbert for their hospitality the meeting was adjourned.

Eighty-three members of the Camp were present. The following is the roster of Camp Straton, Oct. 23, 1911:

M.D. Stone, Commandant.

Astyanax McDonald, First Lieut.

Jas. I. Dingess, Second Lieut.

Geo. Scaggs, Third Lieut.

Hugh Avis, Orderly Sergeant.

Jas. R. Henderson, Adjutant.

W.D. Garrett, Chaplin.

Jas. Allen, Assistant Chaplin.

Privates

Isaac McNeeley

William C. Lucas

L.D. Perry,

F.M. Collins

Hiram Pridemore

Marion McCoy

Boss Mangus

M.A. Doss

Anse Hatfield

E.J. Stone

Ben Curry

R.F. Hager

F.D. Ferrell

Noah Barker

Simpson Ellis

John Dempsey

David Hicks

Beverly Spencer

Jas. C. Varney

John A. Lawson

Dave White

Alvin Hall

Joe Lowe

Henry C. Runyon

David Hale

Jas. Marcum

Christopher Davis

Joseph Evans

Lewis Brewster

Joseph Wm. Spence

C.A. Staten

Wm. D. Nelson

Joe A. Counts

Richard McCallister

Allen J. Sheppard

Moses D. Tiller

J.A. Ellis

J.K. McNeely

Hubbard Williams

Rush Floyd

Anthony Bryant

W.H. Whitman

M.A. Robinson

E.S. Vickers

Levi Lowe

I.G. Berry

Bolliver McDonald

A.J. Perry

Wm. L. Stollings

J.A. Chapman

N.B. Sanders

Wesley Reed

Henry Mitchell

John Thompson

Gord Riffe

Floyd S. Barker

N.B. Moberly

Wm. N. Stone

S.P. Vernatter

J.W. Martin

Jalin White

 

Green Thompson

J.W. Dempsey

L.D. Stone

All veterans not registered will please send name and address to T.B. Stone, Kitchen, W.Va.

Source: Logan (WV) Democrat, 26 October 1911.

***

Camp Straton

Names of living Confederate veterans, who served continuously for four years and who are now members of Camp Straton of Logan, West Virginia:

OFFICERS

M.D. Stone, Commandant, Kitchen, W.Va.

Astyanax McDonald, First Lieutenant, Logan, W.Va.

James I. Dingess, Second Lieutenant, Pecks Mill, W.Va.

Geo. Scaggs, Third Lieutenant, Curry, W.Va.

F.S. Barker, Treasurer, Curry, W.Va.

David Hale, color bearer, City.

Hiram Pridemore, color bearer, City.

PRIVATES

L.D. Stollings, Shively, W.Va.

James Blevins, Curry, W.Va.

L.D. Perry, Chapmanville, W.Va.

Hubbard Williams, Logan, W.Va.

William Cary, Logan, W.Va.

Allen Hale, East Lynn, W.Va.

Hiram Burgess, Rolfe, W.Va.

Guy Lawson, Foley, W.Va.

M.A. Doss, Man, W.Va.

Thos. B. Farley, Bias, W.Va.

Moses Tiller, Music, W.Va.

Lewis Cary, Williamson, W.Va.

R.F. Hager, Breading, W.Va.

Andy Lee, Logan, W.Va.

John Messer, Breading, W.Va.

John A. Thompson, Chapmanville, W.Va.

Geo. Crump, member Camp Garnett, Huntington, W.Va.

Source: Logan (WV) Democrat, 2 November 1911

***

Confederate Reunion

To Confederate Veterans, Camp Straton:

The next reunion of the members of said Camp will be held at Logan C.H. on Tuesday, September 17th, 1912, at 11 o’clock a.m. The presence of each member is requested.

M.D. Stone, Commandant

Source: Logan (WV) Democrat, 29 August 1912.

***

Notice

To Members Camp Logan Wild Cats:

You are requested to meet at Logan C.H. at 10 o’clock Saturday, September 14th, 1912 to prepare for the reunion of Confederate veterans of Camp Straton to be held the following Tuesday. It is desirable to increase our membership on that day as much as possible. Anyone desiring to become a member of our camp come or send in your name. We want to give the old soldiers a hearty welcome and cordial greeting.

A.W. McDonald,

Commandant

Source: Logan (WV) Democrat, 29 August 1912.

***

Confederate Reunion

To Confederate Veterans, Camp Straton:

The next reunion of the members of said Camp will be held at Logan C.H., on Tuesday, September 17th, 1912, at 11 o’clock a.m. The presence of each member is requested.

M.D. Stone,

Commandant

Source: Logan (WV) Democrat, 5 September 1912.

***

Confederate Reunion

Camp Stratton, No. 1633, United Confederate Veterans, met in the City of Logan, Tuesday, September 19th, according to arrangements made at their last meeting, October 23, 1911, making the third Tuesday in September of each ensuing year the regular meeting day at Logan.

The veterans coming east were met at the depot on the arrival of train No. 150 by the veterans already assembled, accompanied by the Logan and Holden bands.

Hon. J.B. Wilkinson announced that arrangements had been made for the veterans to march to the skating rink, where the business session would be held, after which dinner would be served to all veterans at the hotels Jefferson and Buskirk, complimentary tickets having been given to confederates and their wives and daughters present.

The meeting adjourned to meet at 12:30 p.m. at the court house where the Sons of Veterans and the teachers and pupils of the Logan Public Schools fell in line and marched through the business section of the city. The entire procession again marched to the skating rink and was ably entertained for a short time by Hon. J.B. Wilkinson, who in turn introduced Brig. Gen. Wayne B. Ferguson of the 2nd Division of West Virginia, U.C.V., who after delivering an interesting address introduced the Hon. Thos. H. Harvey of Huntington. Amid great applause, Judge Harvey recalled the story days of the Sixties and as a closing remark to his comrades, who must soon follow the great leader, quoted Jackson, “Let us pass over the river and rest under the shade of the trees.” Col. J.R. Miller, a “rebel” from the “Southland” was next introduced by Judge Wilkinson, who remarked that “the best of the reunion was now coming.” Col. Miller delivered an able and interesting address lasting 45 minutes, which was enjoyed by all present.

On motion Comrades Hugh Avis, Andy Perry, Simpson Ellis, Henry Mitchell and Thos. H. Harvey were selected as delegates to represent Camp Straton at the annual reunion in Moorefield, Hardy county, W.Va., October 9, 1912.

On motion Col. J.R. Miller, Hon. Thomas H. Harvey and Gen. Wayne B. Ferguson were made honorary members of this camp.

Mrs. J.E. Robertson and Mrs. Lou G. Buffington were unanimously extended a vote of thanks for their untiring efforts in securing … mandant, a vote of thanks was given to all visiting members, also all Sons of Veterans and Daughters United Confederacy.

After a vote of thanks by the Company to Judge Wilkinson and Mrs. Nighbert for their kind hospitality the meeting adjourned to meet at Logan, September 16th, 1913.

The roster of Camp Straton No. 1633 on September 17th, 1912 is as follows:

M.D. Stone, Commandant

Astynanyx McDonald, First lieutenant

James I. Dingess, Second lieutenant

Geo. Scaggs, Third lieutenant

Hugh Avis, Orderly Sergeant

James R. Henderson, Adjutant

W.D. Garrett, Chaplain

Jas. Allen, Asst. chaplain

Privates:

Isaac McNeely

David Hale

Wm. C. Lucas

Joseph Evans

L.D. Berry

James Marcum

F.M. Collins

Lewis Brewster

Hiram Pridemore

Jos. Wm. Spence

C.A. Staten

Marion McCoy

Boss Mangus

Wm. D. Nelson

M.A. Doss

Joe Accords

Hiram Burgess

Richard McCallister

John R. McCoy

Allen J. Sheppard

Anse Hatfield

Moses D. Tiller

E.J. Stone

J.A. Ellis

Ben Curry

W.E. Cary

Riley F. Hager

J.K. McNeely

F.D. Ferrell

Hubbard Williams

Noah Barker

Rush Floyd

Simpson Ellis

Anthony Bryant

John Dempsey

W.H. Whitman

David Hicks

M.A. Robinson

Beverlly Spencer

F.S. Vickers

Jas. C. Varney

Levi Lowe

John A. Lawson

I.G. Berry

Dave White

Boliver McDonald

A.J. Perry

Alvin Hall

Joe Lowe

J.C. Chapman

Wm. L. Stollings

H.C. Runyon

Christopher Davis

N.B. Sanders

Wesley Reed

Floyd S. Barker

Henry Mitchell

W.B. Moberly

John Thompson

Wm. N. Stone

Gordon Riffe

S.P. Vernatter

J.W. Martin

Green Thompson

John White

J.W. Dempsey

L.D. Starr

Anse Farley

W.E. Carey

T.B. Farley

John Messer

Joseph Mitchell

Harmon White

Harrison White

Luke Curry

J.W. Blevins

L.D. Stollings

Gord F. Lilly

John Wallen

H.H. Ray

Obed Workman

Calvin Bias

Mat Pauley

William H. Ellis

Reuben P. White

J.S. Miller

Andy Lee

George Crump

John W. Haldron

Wm. Blackburn

Thos. H. Harvey

L.D. Chambers

Aaron Adkins

Giles Davis

J.R. Miller

Wayne B. Ferguson

Making a total of 91, 81 of which were present today against 83 last year.

If any member desires to have his name enrolled in the records of Camp Straton, send name and address to T.B. Stone, Secretary, Camp Straton, Kitchen, W.Va.

Source: Logan (WV) Democrat, 19 September 1912.

***

Notice

To The Sons of Veterans:

The Sons of Veterans will meet in Logan on the first day of the October term of Court. All members are requested to be present.

Don Chafin.

Source: Logan (WV) Democrat, 3 October 1912.

***

Confederate Reunion

Veterans of Camp Straton.

You are hereby requested to attend our annual reunion at Logan C.H. on Tuesday, September 16th at 2 o’clock p.m. for the transaction of important business.

Program of exercises will be given out in due time.

M.D. Stone, Commander

Source: Logan (WV) Banner, 5 September 1913.

***

Camp Straton Reunion LB 09.19.1913 1.JPG

Logan (WV) Banner, 19 September 1913. Photos from 23 October 1911.

NOTICE

To the Officers and Members of Camp Stratton, No. 1633, U.C.V.

You are hereby notified that a meeting will be held at the Courthouse at Logan, at 2 o’clock, P.M., on April 30th, 1914, for the purpose of selecting delegates to attend the reunion at Jacksonville, Fla., May 6, 7, and 8th, 1914, and to attend to such other business as may come before the Camp.

Our Camp is entitled to three delegates and three alternates.

Your fraternally,

M.D. Stone, Commandant

Source: Logan (WV) Banner, 10 April 1914; 24 April 1914.

Camp Straton Reunion LB 04.24.1914 6.JPG

Logan (WV) Banner, 24 April 1914. Photo from 23 October 1911.

Thomas H. Harvey Grave (2017)

18 Saturday Feb 2017

Posted by in Cemeteries, Huntington, Lincoln County Feud

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img_9903

Judge Thomas H. Harvey grave at Spring Hill Cemetery in Huntington, WV. 16 January 2017.

img_9905

Judge Harvey, who oversaw legal matters for the 8th Judicial Circuit from 1889 until 1897, presided over the Haley-McCoy murder trial in August of 1890. 16 January 2017.

Johnson Hatfield v. Nancy L. Hatfield (1890)

23 Sunday Oct 2016

Posted by in Hatfield-McCoy Feud

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Johnson “Johnse” Hatfield’s relationship with Nancy McCoy represents one of the more interesting components of the Hatfield-McCoy Feud. I recently located Hatfield’s 1890 divorce record, which I transcribed as follows:

DOCUMENT 1

State of West Virginia

County of Logan to wit

In the Circuit Court of said County

The Bill of Complaint of Johnson Hatfield filed in the Circuit Court of Logan County against Nancy L. Hatfield.

To the Hon. Thos. H. Harvey, Judge of the Circuit Court of Logan Co.

Humbly complaining your orator Johnson Hatfield would respectfully ____ unto your Honor that on the 14th day of May 1881 he intermarried with the defendant Nancy L. Hatfield, then Nancy L. McCoy, that he was at all times to her a kind and affectionate husband, that some time in 1888 he was forced to leave his home in Logan County West Virginia, and that shortly thereafter the said defendant abandoned his home and went to the state of Kentucky where she has since that time been living in adultery with Frank Phillips, and ____ other lewd and lascivious _____.

Your orator further represents that he cohabitated with the said defendant for the last time on or about the 8th day of March 1888 in Logan County West Virginia and that they last lived together as husband and wife in said County within five years from the institution of this suit.

Your orator further represents that he be informed and so believes that some time in the month of December 1889, the said defendant was delivered of a child, which was as a ____ of more than twelve months since he had last had any sexual intercourse with her.

Your orator further represents that the adultery complained of was not committed by his consent, connivance or procurement or knowledge. He therefore prays that the bonds of matrimony existing between your orator and the said Defendant be dissolved, and that your orator be restored to his ________ rights, and as is duly bound he will ever pray

Johnson Hatfield, By Counsel

DOCUMENT 2

State of West Virginia

To the Sheriff of Logan County, Greeting:

We command you that you summons Nancy L. Hatfield if she be found in your bailiwick, to appear before the Judge of our Circuit Court for the County of Logan at rules to be held in the Clerk’s Office of said Court on the first Monday in February next, to answer a Bill in Chancery exhibited against her in our said Court by Johnson Hatfield

And have then and there this writ.

Witness: T.C. Whited, Clerk of our said Court at the Court House of said County, on the 1st day of February 1890, and in the 27 year of the State.

T.C. Whited, Clerk

DOCUMENT 3

Order of Publication.

State of West Virginia, Logan County, T0-Wit:

At Rules held in the Office of the Clerk of the Circuit Court of said county on Monday the 3rd day of February 1890

Johnson Hatfield v. Nancy L. Hatfield, In chancery

The object of this suit is to obtain a divorce from the bonds of matrimony. This day came the plaintiff by his Attorney and on his motion it appearing from an affidavit filed with the papers of this suit that the defendant is a non-resident of this State, it is therefore ordered that she appear here within one month from the first publication of this order and do what is necessary to protect her interest herein.

Teste: T.C. Whited, Clerk

H.C. Ragland, Sol.

DOCUMENT 4

I, U.B. Buskirk, one of the Publishers of the Logan County Banner, a newspaper published in Logan County, West Virginia, do hereby certify that the annexed notice was duly published in said paper for 4 successive weeks, ending on the 27 day of February 1890.

Given under my hand this 28th day of February 1890

U.B. Buskirk

Printer’s fees: $6.00

DOCUMENT 5

State of West Virginia

Logan County to wit:

Johnson Hatfield the plaintiff whose name is signed to the forgoing bill being first duly sworn upon oath says that the facts and allegations contained in the forgoing bill are true except so far as the same are ______ stated to be upon information and that so far as the same are stated to be upon information he believes ___ to be true.

Johnson Hatfield

Taken, __________ and sworn to before me this 10th day of March 1890.

T.C. Whited, Clerk

DOCUMENT 6

Notice to Take Deposition

To Nancy L. Hatfield. You will take notice that on the 10 day of October, 1890, between the hours of 8 o’clock A.M. and 6 o’clock P.M., at the house of Anderson Hatfield, in Logan County, West Virginia, I will proceed to take the deposition of myself and others to be read as evidence in behalf of myself in a certain suit in chancery now pending in the Circuit Court of Logan County wherein you are Defendant and I am plaintiff and if from any cause the taking of the said deposition be not commenced on that day, or if commenced and not completed on that day, the taking of the same will be adjourned and continued from day to day or from time to time, at the same place, and between the same hours, until completed.

Respectfully, &c., Johnson Hatfield

DOCUMENT 7

The depositions of Johnson Hatfield and others taken before Pleasants Chafins a notary in and for the county of Logan and State of West Virginia  at the house of Anderson Hatfield on Friday October 10 in 1890, to be taken and consider as evidence in a certain chancery cause pending in the Circuit Court of said county wherein Johnson Hatfield is a plaintiff and Nancy L. Hatfield is a defendant.

Present Johnson Hatfield in person and by counsel , no appearance for the defendant.

Johnson Hatfield a witness of lawful age after being first duly sworn deposes in answer _____ as follows:

Q. What is your name, age, and where do you reside?

A.  Johnson Hatfield. I am 28 years old past. I was born and raised in this county.

Q. What relation do you have to this suit?

A. I am plaintiff.

Q. When were you and the defendant Nancy L. Hatfield married?

A. It was on the 14th day of May 1881.

Q. How did you treat her during the time that you and she lived together as man and wife?

A. .I always kept her plenty of everything she wanted and was always good and kind to her.

Q. State about when it was that you and your wife separated.

A. It was on the 18 of March 1888.

Q. Have you lived with her since that time or had sexual intercourse with her?

A. No, sir.

And the next came Alex Varney, witness of lawful age being by me duly sworn, deposed and say as follows:

Q. State your name, age, and residents.

A. Alexander Varney, Age 56 years. Residents Logan County, West Va.

Q. State wither or not you are acquainted with the partys in this suit.

A. I am.

Q. State whether or not you know anything about the defendant Nancy L. Hatfield living in adultery with Frank Phillips or anyone else since her separation from the plaintiff.

A. I saw her in Pike Co. Kentucky on the 13 day of September 1890. She was staying at the house of frank filips and she told me that she was living with him. She showed me her baby and told me that frank filips was its father.

Q. How old do you suppose that the child was.

A. She told me that the child was 9 month and 4 days old and I suppose it was about that old as it was still sucking.

[Deposition of John B. Gillespie]

Q. State whether or not you know anything about the defendant Nancy L. Hatfield living in adultery with any person.

A. I was at a house in Pike County  Ky. Frank Phillips and Nancy L. Hatfield were there. They called it their home.

Q. State whether or not it was the general impression throughout the community that they were living together as man and wife.

A. No, sir. Not as man and wife. It was that they were living together in adultery.

And further this _________ saith not.

John B. Gillespie

[Deposition of Johnson Hatfield]

_______ ________ __________ recalls and deposes as follows:

Q. State whether or not the acts of adultery committed by your late wife Nancy L. Hatfield with one Frank Phillips ______ in the two foregoing depositions were committed by or with your consent, knowledge, __________, or __________.

A. They were not.

And further this _________ saith not.

Johnson Hatfield, Jr.

State of West Virginia

Logan County, to wit:

I, Pleasants Chafins a notary in and for the county and state aforesaid do certify that the foregoing depositions were duly taken, sworn to, and subscribed in my presence at the time and place _____ in the notice here to _____.

Pleasant Chafin, a notary for Logan Co., W.Va.

Notary’s Fee

2 hrs work as notary     $1.50

DOCUMENT 8

Johnson Hatfield v. Nancy Hatfield, In chancery

This day this cause in which the defendant is prosecuted against as a nonresident and it appearing that the order of publication has been duly published and posted as required by law, came on to be heard upon the plaintiff’s bill and the depositions there with filed in support thereof together with the argument of counsel for plaintiff and the same being considered and inspected by the court the court is of the opinion that the plaintiff is entitled to the relief therein prayed for, whereupon it is adjudged, ______, and decreed that the said plaintiff Johnson Hatfield be and he is hereby divorced absolutely from the defendant the said Nancy L. Hatfield and that the bonds of matrimony now existing between himself and the said defendant be dissolved and the said plaintiff Johnson Hatfield be and he is hereby restored to all the rights, privileges and immunities of an unmarried man. And this cause having performed its object, the same is ordered to be stricken from the docket and it appearing that this order was made at the October 1890 term of this Court, and by _________ not entered, it is ordered that the same be entered now as for ____.

Source: Logan County Circuit Clerk’s Office, Logan County, WV, Case No. 33, File No. 35

Lincoln County, WV, Pardons (1890-1893)

10 Wednesday Aug 2016

Posted by in Atenville, Culture of Honor, Harts

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Public Papers of Governor A.B. Fleming of West Virginia, February 6, 1890 to March 4, 1893 (Charleston, WV: Moses W. Donnally, Public Printer, 1893).

“Isaiah Mullins, convicted in the circuit court of Lincoln county, August term, 1891, of unlawful cutting and sentenced to one year’s confinement in the penitentiary. Pardoned December 8, 1891, for reasons entered in the pardon record as follows: The application for pardon is supported by the recommendation of the Hon. Thos. H. Harvey, the judge who presided at the trial, and who says: ‘This man Mullins, when sober, is represented as quiet and peaceable and tries to provide for his family, which, I understand is quite large, and who are now in very needy circumstances, depending largely on the assistance of neighbors and friends. I am inclined to believe it would now be a mercy to his little children to exercise the Executive clemency, and pardon him, which I respectfully recommend.’ The prosecuting attorney, clerk of circuit court, and nine of the jurors, also ask for the prisoner’s release.” (p. 96-97)

“John Brumfield, convicted in the circuit court of Lincoln county, February term, 1892, of unlawful shooting, and sentenced to confinement in the penitentiary for two years. Pardon granted November 21, 1892, for reasons entered in the pardon record as follows: It appears that the prisoner was but fifteen years of age at the time of the commission of the offense. The petition for pardon is supported by the recommendation of the Hon. Thos. H. Harvey, the judge who sentenced the prisoner; by Rome Lambert, the person who was shot; by Wade Lambert, the father of the injured party; by most of the persons who witnessed the difficulty; by the prosecuting attorney; and a large number of citizens.” (p. 103)

 

Lincoln County, WV, Pardons (1893-1897)

09 Monday May 2016

Posted by in Culture of Honor

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Public Papers of Governor William A. MacCorkle of West Virginia, March 4, 1893 to March 4, 1897 (Charleston, WV: Moses W. Donnally, Public Printer, 1897).

“Wm. Kelley, convicted in the circuit court of Lincoln county, August term 1890, for shooting with intent to kill, and sentenced to five years in the penitentiary. Pardon granted August 10th, 1894, for reasons entered in the pardon record as follows: It appears that the prisoner is in the last stages of consumption, and is dying. The pardon is recommended by the warden of the penitentiary, by the physician, chaplain, and several members of the Board of Directors. The prisoner is pardoned in order that he may be taken home to die.” (p. 90-91)

“Green Wiley, convicted in the circuit court of Lincoln county, August term 1892, for shooting with intent to kill, and sentenced to one year confinement in the penitentiary. Pardon granted April 27, 1893, for reasons entered in the pardon record, as follows: “The petition for pardon is supported by the recommendation of the judge who tried the case, the prosecuting attorney and assistant prosecuting attorney, the clerk of the circuit court, P.S. Blankenship the man who was shot by Wiley, and by very man citizens of Lincoln county. The prisoner was convicted on very slight evidence. I extend to him a pardon for the following reasons: 1. The testimony against him in the trial was very inadequate. 2. The evidence of the witness upon which defendant was convicted has since been found entirely untrustworthy and the accused showed no malice in the act, but that it was a mere hot headed fight.” (p. 78-79)

“H.C. Shelton, convicted in the circuit court of Lincoln county, ____ term 1892, for assault, and fined $318. Remission of fine granted August 16, 1896. It appears from the petition in this case that Shelton is a very poor man, and utterly unable to pay the fine imposed upon him, which has been standing nearly four years. He has had a great deal of sickness in his family, and since his conviction his wife has died, leaving him with a large family of small children entirely unprovided for except by his labor. Were the petitioner to be confined in jail upon a capias pro fine, his children would be entirely helpless and thrown upon the citizens of Lincoln county. The remission of the fine is urged by nearly all the county officials in Lincoln county and a large number of the best citizens of the county. It is utterly beyond the power of the petitioner to pay this fine, and confinement in jail upon a capias pro fine would be entirely useless and result in no good to the State and only hardship to the petitioner.” (p. 481-482)

“Ira Adkins, convicted in the circuit court of Lincoln county, June term, 1894, for burglary, and sentenced to five years in the penitentiary. Pardon granted November 29, 1895, for reasons entered of record as follows: The petition for pardon is signed by every member of the jury that tried the case and a large number of citizens of Lincoln county. The pardon is asked for by these petitioners on the grounds that there is now ‘some doubt arising in the minds of said petitioners caused by circumstances which were learned of since his trial, when convicted and sentenced.’ The good petition further shows that his conduct has been good, during confinement, that his health is very much impaired by reason of his confinement, and that he has a wife and family in destitute circumstances.” (p. 437)

“Wirt Bias, convicted in the circuit court of Lincoln county, October term, 1894, for unlawful assault, confinement in jail for six months. Pardon granted April 2, 1895, for reasons entered of record as follows: The petition for pardon is supported by the recommendation of Hon. D.E. Wilkinson, prosecuting attorney of Lincoln county, J.M. Hollandsworth, sheriff, and William Jones, jailor, of said county, and by several members of the bar and a number of good citizens of the county. The petition shows that the prisoner is in bad health, the result of his confinement, and that the jail of Lincoln county is very unhealthy and that further confinement would seriously impair his health. The prisoner’s wife is also in very delicate health and needs his attention.” (p. 425)

“Heenan Smith, convicted in the circuit court of Lincoln county, February term, 1894 [1896?], for manslaughter, and sentenced to five years in the penitentiary. This case is surrounded by many mitigating circumstances. Maynard had gone to Smith’s house; had been hospitably and kindly treated; had taken supper at his house and was staying all night. At bed-time they all retired and Maynard went to bed with the host (Smith), who is the father of Heenan Smith, the defendant in this case. A little girl, 13 years old, the daughter of the host and sister of Heenan Smith, retired in a separate bed in the same room. Late in the night Maynard got up out of the bed with the host and went over and got in with the little girl and attempted to have criminal connection with her. The child made an outcry and the old man raised up, and Maynard ran out of the house and disappeared. The next morning he was met by Heenan Smith, the defendant, and brother of the little girl, and an alteration occurred, in which Smith knocked this man down. A few hours afterwards Smith went to the post office and he met Maynard on the road. Another altercation occurred between him and Smith, having revolvers and both firing almost simultaneously, in which altercation Smith killed Maynard. The court sentenced Smith to the penitentiary for five years. The judge who tried the case writes a letter, and requests Smith’s pardon. A large number of the best citizens in the county join in the petition. I think that under the circumstances that it is a case deserving of executive clemency. (p. 463-464)

NOTE: The Wheeling Intelligencer of February 25, 1896 reports: “Herman Smith, who murdered Marcus Maynard in Lincoln county, last year, was found guilty of murder in the second degree to-day [Feb. 24] and was sentenced to seven years in the penitentiary by Judge Harvey.”

NOTE: The Wheeling Intelligencer of March 5, 1896 reports: “Two prisoners were received yesterday. One, John Jenkins, from Wayne county, two years, for grand larceny; another, Heenan Smith, Lincoln county, seven years, for murder in the second degree.”

“Linford Jarrell, convicted in the circuit court of Lincoln county, for burglary, at the July term, 1896, and sentenced of five years in the penitentiary. Pardon granted February 13, 1897. From all the evidence in this case it seems that this man was an ignorant and feeble minded person and as a matter of reality was not cognizant of his crime. This statement was made by Judge McClaugherty, who presided at the trial. Judge McClaugherty is extremely careful in matters of this kind and universally refuses to sign letters asking for clemency. In this case he makes a request for the pardon, and sets out that under the legal rules it was impossible for him to set aside the verdict. This prayer for clemency is joined in by ten of the jury which tried the case and by a great number of the best citizens of the county of Boone, where the case was tried and where the boy lived. There is no doubt in my mind but that the boy should not have been convicted.” (p. 466)

 

Harts Creek Area Justices of the Peace (1879-1910)

16 Wednesday Dec 2015

Posted by in Big Harts Creek, Sand Creek, Warren

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Between 1879 and 1910, the following men served as justices of the peace in the Harts Creek community. The primary source for this material is “Commissioner’s Record of Destroyed Title Papers 2,” which is located at the Lincoln County Clerk’s Office in Hamlin, WV. Material is arranged based on the person’s name as given in the deed, the date of the deed, and the date of the deed’s acknowledgment by a JP. I have also found JPs listed in Deed Book 50, 51, 52, 54, 55, 56, and 60. Deed Book “S” at the Logan County Clerk’s Office as well as numerous records in the Logan County Circuit Clerk’s Office have also provided information. Many thanks to the county clerks and their employees who have always been so helpful to my research these past twenty-five years.

Stephen Lambert (Logan County) 1879, 1885-1886

State v. John Mullins (1879-1880)

NOTE: Moses Dalton stated that he was a “magistrate” in c.1885.

Deed: W.T. Butcher to Birl Farley     11 September 1885     11 September 1885

Deed: William and Emily Dingess to Polly C. Bryant     25 January 1886

Hall v. Baker     30 September 1886, 16 October 1886

NOTE: Stephen Lambert died, according to court docket files, on 21 October 1886 or 23 October 1886

A.B. Lowe was appointed justice in place of Stephen Lambert, deceased     8 November 1886

Andrew D. Robinson (Lincoln County) 1879

State v. John Mullins (1879-1880)

John McCloud (Logan County) 1881-1884, 1890-1892

Deed: Margaret Browning     01 October 1879     29 January 1881

Deed: A.A. Low to Stephen Lambert     1 June 1881     25 March 1882

Deed: Weddington Mullins     14 March 1881     18 July 1882

Deed: Charles Browning     1 June 1881     22 July 1882

Deed: Francis Vance     1 July 1882     10 March 1883

Deed: John Messer     15 September 1882     12 February 1884

Deed: Henry Workman v. Melvin Butcher     24 March 1884

Deed: Henry Workman v. Melvin Butcher     28 March 1884

Deed: Ezekiel K. Johnson     1 July 1882     30 December 1884

Workman v. Butcher     24 March 1884, 28 March 1884, 9 June 1884

Deed: Robert Mullins to Sarah E. Gore     25 November 1890     3 December 1890

Deed: Sophia Kinser     1 June 1881     12 November 1891

Deed: Farabell and John Vance to Salena Vance     11 October 1892

Jeremiah Lambert (Lincoln County) 1881-1884

Deed: John Henry Adkins     10 May 188?     3 June 1881

Deed: Archibald B. Harrison     1 July 1882     7 July 1882

Deed: John H. Fry     1 July 1882     16 August 1882

Deed: Sampson S. Brumfield      1 July 1882     17 August 1882

Deed: Minnis W. Perry     1 June 1881     13 April 1883

Deed: Enos Adkins     1 July 1882     3 June 1883

Deed: Sarah E. Thompson     23 March 1883     23 June 1883

Deed: Miles B. Browning     14 April 1881     10 August 1883

Deed: Elisha Vance     15 September 1882     10 August 1883

Deed: Moses B. Toney     21 August 1882     21 August 1883

Deed: Jeremiah and Ballard Lambert     1 July 1882     12 September 1883

Deed: Van D. Lambert     15 September 1882     30 January 1884

Deed: Albert G. Abbott     23 March 1883     14 February 1884

James H. Marcum (Lincoln County) 1881

Deed: Harmon and Susan Stroud to Louisa A. Wiley     18 November 1881

Canaan Adkins (Lincoln County) 1885-1888

Deed: Mitchell Browning and Charles Kinser     23 March 1883     5 March 1885

Deed: John and Chloe Ann Messer to Floyd Caldwell     16 March 1885     16 March 1885

Deed: Aaron and Nancy Jane Adkins to B.W. Walker     12 June 1885

Deed: John M.P. and Victory Thompson     1 July 1882     18 July 1885

Deed: Sarah E. Vance, Mary L. Nelson, and Peter M. Mullins     25 April 1883     8 August 1885

Deed: Aaron and Nancy Jane Adkins to B.W. Walker     12 June 1885     12 June 1885

Deed: Abner Vance     21 August 1882     6 October 1885

Deed: Telitha Spears to Blackburn Lucas     26 July 1886     26 July 1886

Deed: Charles Lucas to Blackburn Lucas     18 September 1886     18 September 1886

Deed: Charles Lucas to William Bird Brumfield     18 September 1886     18 September 1886

Deed: Sarah A. Perry     14 April 1881     14 February 1887

Deed: William and Jane Manns to Josephine Robinson     19 February 1887     19 February 1887

Deed: Andrew Jackson Browning     23 March 1883     17 June 1887

Deed: Elvira Baisden     1 July 1882     19 November 1887

Deed: Aaron and Nancy Jane Adkins     24 August 1887     24 August 1887/14 February 1888

Deed: Jeremiah Lambert to Van D. Lambert     30 April 1888

Deed: Floyd and Martha Caldwell to Melvin Kirk     7 July 1888     7 July 1888

A.B. Lowe (Logan County) 1886

A.B. Lowe was appointed justice in place of Stephen Lambert, deceased     8 November 1886

Hall v. Baker     18 November 1886

John B. Pullen (Lincoln County) 1888

Robert Fry to Wilford Fry, Martha J. Fry, and Rosa A. Fry     3 January 1888

Elias Vance (Lincoln County) 1889-1896

Aaron and Nancy J. Adkins to Malissia Adkins     14 August 1889     14 August 1889

Marine and Polly Spurlock to Laura Fry     6 November 1889

Polly C. Bryant to children     15 July 1891

Minerva McCloud     15 September 1882     7 November 1891

2 June 1893

Andrew and Elizabeth Elkins to Thomas J. Adkins     27 March 1894

George A. and Julia Alderson, Floyd and Emily Rakes, and C.D. and Vietta T. Haverty to J.L. Caldwell     7 December 1894

Enos Adkins et ux to Allen Brumfield     28 December 1894     14 May 1895

Charles Lucas to Sarah Brumfield     6 July 1895     6 July 1895

Samuel Workman to Melvin Kirk     29 September 1896     29 September 1896

On 26 August 1898, JP Vance was sentenced to serve two years in the state penitentiary for embezzlement.

David F. Smith (Lincoln County) 1892-1907

Richard and Olive F. Adkins to Sarah M. Adkins     18 June 1892

Peter Mullins to Jerry Lambert     12 January 1901

Lewis and Malinda Nelson to A.E. Wagner     4 December 1906

Anderson Fry to A. Gill     7 January 1907

Jefferson and Nancy E. Lucas to Cumberland Adkins     11 April 1907     12 April 1907

Hiram “Hi” Lambert (Lincoln County) 1893-1894

Deed: Farabel and John Vance to John H. Adkins     6 December 1893

Deed: Salena Vance     25 December 1893     25 December 1893

Deed: Peter M. and Mary A. Mullins et al to J.L. Caldwell     24 November 1894     29 November 1894

J.S. Payne (Lincoln County?) 1894

I.N. and Elizabeth Mullins to J.L. Caldwell     1 September 1894     7 September 1894

Sol Adams (Logan County) 1895-1897, 1899, 1907-1908

Between September and October of 1895, the Logan County Banner referenced him as Squire Sol.

Between February and September 1896, the Logan County Banner referenced him as Squire Sol.

Deed: Allen and Sarah Tomblin to William Conley     07 July 1894     09 April 1897

Cynthia Ann Mullins deposition     21 October 1899

Deed: Charles Washington Mullins to Jerry Lambert     18 June 1907

Deed: Clementine and Ed Dingess et al to Catherine Adkins     1 October 1908     16 October 1908

Deed: Clementine and Ed Dingess et al to Ann F. Davis     1 October 1908     16 October 1908

Isaac Fry (Lincoln County) 1897-1904

Richard and Spencer Adkins to D.P. Lambert     17 July 1897

Charles Adkins to Malinda Adkins     25 April 1898

Russell S. Stollings et ux to William D. Farley     24 March 1900

25 June 1900

Susan and Levi Rakes et al to J.L. Caldwell     28 July 1900     30 July 1900

28 July 1904

Jefferson Lucas (Lincoln County) 1899-1907

Isaac G. Gartin to William Manns     3 January 1899     3 January 1899

William Manns to William H. Manns     3 January 1899     3 January 1899

John P. Lucas to A.B. Staley     12 March 1907

William Bird Brumfield (Lincoln County) 1899-1904

J.H. and Amanda McComas to Blackburn Lucas     30 August 1899     30 August 1899

William and Rebecca Bell et al to Thomas H. Harvey and George F. Miller     12 January 1900

Malinda J. Vance to Emma Vance     21 July 1904     21 July 1904

George F. Frye (Lincoln County) 1901-1902

Farabell Vance to Salena Vance     7 May 1901

Enos Adkins to A.G. Adkins and F.E. Adkins     15 February 1902     15 February 1902

Rufus Pack (Lincoln County) 1903-1909

Isaac and Nancy M. Workman to Abijah Workman, Jr.     2 February 1903

Henry C. and Martha Sias to Isaac F. Nelson     17 February 1909

Charles Adkins (Lincoln County) 1905-1910

02 November 1905

Charles and Caroline Brumfield to J.M. Brammer and B.F. Scearcy     7 November 1906

Blackie Lucas to Elizabeth Lucas     15 July 1907

Asa and Rebecca Williamson to Hugh Evans     18 February 1908

William Workman to Joseph Browning     15 July 1908

Malinda Adkins to Isaiah Adkins     20 July 1908

02 January 1909

Joseph and Rosey Browning to Lace Marcum and T.R. Shepherd     1 April 1910

William Toppins (Wayne County) 1907

Deed: L.C. and Pinkston Queen to Sarah B. Maynard     18 December 1907

Hugh Evans (Lincoln County) 1908

Deed: John W. and Evaline Sartin to George Shepherd     29 July 1908

A.E. Wagner (Lincoln County) 1910

Deed: Anderson Fry to Rush and Mary Slate     14 January 1910

J.M. Brammer et ux to David Farley     11 April 1910     19 April 1910

Judge Thomas H. Harvey grave (2015)

15 Sunday Feb 2015

Posted by in Cemeteries, Hamlin, Lincoln County Feud

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IMG_9075

Judge Thomas H. Harvey was judge during the sensational Haley-McCoy murder trial in 1890. Here’s the Harvey family monument, located at Spring Hill Cemetery in Huntington, WV.

 

IMG_9093

Judge Harvey was brother to the rather famous “Professor Coin.” Here I am earlier today at the Harvey monument.

 

What happened to John Fleming? 1

30 Friday Nov 2012

Posted by in Big Harts Creek, Big Sandy Valley, Fourteen, Harts

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Over one hundred years ago, John Fleming, a desperado twice sentenced to serve time in the West Virginia State Penitentiary, escaped from the Lincoln County jail and disappeared forever in the mountains of the Big Sandy Valley.

John P. Fleming was born in February 1868 to Preston and Arty (Mullins) Fleming at Upper Elkhorn Creek in Pike County, Kentucky. Nothing is known of his early life except that he had a daughter named Roxie by Lucy Mullins in 1887. In the late 1880s, John and his family migrated to West Virginia and settled in the Abbott Branch area of Logan County, just above Harts Creek. In 1891, his brother William married Luraney Frye, a daughter of Christian and Elizabeth (Hunter) Frye, in Logan County. In 1897, his sister Sarah married Squire Dial in Logan County. The next year, brother Robert, or Bob, married Lillie Dempsey, also in Logan County.

On December 25, 1892, Fleming murdered his uncle, John H. Mullins, at Big Creek, Logan County. Essentially, the story went like this: Mr. Mullins’ sons, Henry and Emory, were in a quarrel and Fleming intervened. The elder Mullins came to settle the matter and Fleming fled across a creek. Mullins pursued, knife in hand. At the creek, Fleming shot his uncle. He was immediately taken before Squire Garrett, who discharged him. When a new warrant was sworn out for him, he fled the county. In March of 1893, his wife attempted to meet him but became ill and died at Dunlow, Wayne County. Fleming was at her bedside when authorities arrested him. A Logan County jury found him guilty of second degree murder and Judge Thomas H. Harvey sentenced him to eighteen years in the West Virginia state penitentiary in Moundsville. In the 1900 census, he is listed there under the name of “J.P. Flemons,” inmate. Curiously, he claimed to have been married for one year.

During Fleming’s incarceration, his siblings continued to marry into local families. In 1900, brother Willard married Caroline Caldwell, a daughter of Floyd Caldwell, in Logan County. In 1902, sister Lucy married James F. Caldwell, a son of Hugh Caldwell, in Logan County. Around 1903, brother George married Minnie Tomblin.

After his release from prison, John married Sarah Elizabeth “Lizzie” Frye, a daughter of John Henan and Ida Cosby (Headley) Frye. The Fryes lived on Sulphur Springs Fork of Fourteen Mile Creek, several miles below Harts Creek. Lizzie, born around 1887, was roughly eighteen years younger than John. They may have become acquainted through John’s brother, William, who had married Lizzie’s aunt, Luraney Frye, in 1891.

“Aunt Lizzie was married to John Fleming,” said Willard Frye, an elderly resident of Frye Ridge, in a 2003 interview. “John was a mean man who packed two .45 pistols. He was a member of Charley Brumfield’s gang. He was mean to Aunt Lizzie.”

Fleming’s involvement in the Brumfield gang soon led to more prison time. In the summer of 1907, the “feudist,” as newspapers would later call him, became entangled in the peculiar “Adkins conspiracy case.”

A little earlier, in December of 1906, Margaret Adkins, Fisher B. Adkins, Floyd Enos Adkins, Albert G. Adkins and Fed Adkins — all associates in an Adkins general store business in Harts — took out a four-month loan for $600 from the Huntington National Bank. By April 1907, they had not paid any money toward the loan and asked for a four-month extension. In late June or July, Margaret Adkins, sister to Fed, filed a bankruptcy petition. On July 3, the District Court of the United States for the Southern District of West Virginia adjudged her bankrupt. J.P. Douglass (later a Speaker of the West Virginia House of Delegates) was appointed as receiver in the case and arrived in Hart to survey the business. A.L. Smith stood guard at the store.

On July 5, after the government had taken control of the merchandise in the store, a vigilante group called the Night Riders robbed the store and hid the various goods in neighbors’ homes and barns.

Following the robbery, detectives descended on Harts in an effort to unravel the details of the crime. The most famous of these detectives was Dan Cunningham, a one-time participant in the Hatfield-McCoy Feud. More recently, Mr. Cunningham had been employed by Governor William M.O. Dawson in Raleigh and Wyoming Counties. During his Harts Creek investigation, he boarded with locals and eavesdropped on conversations between suspects. Those involved in the store heist, meanwhile, used various means to suppress information. But as the pressure of the investigation bore down on locals, neighbors began to snitch on each other.

By December of 1907, the State had evidence against eleven men in what the Charleston Gazette called “the celebrated Adkins Bankruptcy Case” which “if proven by witnesses for the government, will equal any novel ever written by Victor Hugo.” Those accused — described by the Huntington Herald-Dispatch as “eleven brawny mountaineers” — were Fed Adkins, Charles Brumfield, Albert “Jake” Davis, Manville Adkins, John Fleming, Willard Fleming, Robert “Bob” Fleming, John Adkins, Albert G. Adkins, Floyd Enos Adkins and William “Bill” Brumfield. The state charged the gang with “conspiracy to defraud the government and to impede the administration of justice after the government had taken possession of Adkins store.”

U.S. District Attorney Elliott Northcott prosecuted the case, while Lace Marcum argued for the defendants. In opening remarks on December 5, according to the Herald-Dispatch, District Attorney Northcott fiercely denounced “the eleven men who have been a terror to the country surrounding the village of Hart, in Lincoln county, for the past six months. He stated in words burning with bitterness that the government expected to prove beyond any reasonable doubt that crimes that would narrow the very souls of every juror had been committed in the vicinity of Hart, and had the story been told him three weeks ago he would have thought it a piece of fiction pure and simple… He also alluded to the fact that the government would prove by witnesses who would tell of the horror that had been created in the neighborhood: houses burned, men shot down from ambush, houses with unprotected women had been shot up and the inmates terrorized until they were afraid to venture outdoors. It was a thrilling recital of the worst crimes that have taken place in this state in a decade.” According to the Herald-Dispatch, the eleven defendants “showed but little interest except to look at each other and smile when the crimes were talked of.”

In Marcum’s opening remarks on December 5, he stated that he would prove the goods found at the homes of the defendants were there several weeks before the Adkins store went bankrupt.

On December 6, Northcott questioned Rosa “Sis” Mullins, a sister to Emory and a resident of Abbotts Branch, who swore that she saw John Fleming’s brothers — Bob and Willard — go by her house the night of the robbery on their way to the Adkins store.

“Nearly every witness who testified yesterday,” the Charleston Gazette reported on December 7, “showed just how desperate these defendants are, and the testimony of Capt. Dan Cunningham unraveled a tale of horror that was realistic in every sense of the word.”

On December 7, Lace Marcum began his defense of John Fleming and the ten other Harts men. Bob Fleming, John’s brother, was the second witness called to the stand. He swore that he knew nothing of the robbery until the day after it happened and that he never saw any of the stolen goods. Willard Fleming, John’s other brother, said he stayed with Charley Brumfield the night of the robbery and saw no one armed. John, referenced in one newspaper account as being a “paroled prisoner,” testified along the same lines, as did all the defendants who were called to the stand. “The entire list of defendants swore to very near the same thing,” reported the Gazette.

For the most part, Marcum’s defense of the eleven Harts men had little chance of success considering the evidence against them. In his closing remarks, he was forced to put them at the court’s mercy by claiming that they had acted the way they did because they didn’t know any better. In the end, ten of the accused were sentenced to twelve- or eighteen-month terms in the West Virginia state penitentiary.