How Many Worley's Can There Be?

I've come across one of those ancestors; the one who you can't peg down when it comes to his beginning but a lot of assumptions can easily be made, and have been made, and some of those assumptions are just wrong--terribly terribly wrong, and you just want some facts, not assumptions.

In an attempt at understanding this ancestor a little better, I decided to blog about him, because I've found that blogging helps me to slow down and really look closely at all the information I have and sometimes things jump out that I haven't noticed before.

The ancestor I'm referring to is Worley D. Linville. Some have him as Worley Daniel Linville and others still as Worley Daniel Boone Linville. But all the records I have found only say Worley D. Linville.

The 1850 census is always a good starting point because it was the first census to name all the individuals in the household, as well as listing their ages and birth places.

In the 1850 Randolph County, Alabama, census we find Worley D Linville age 34 born in KY, Margaret C Linville age 19 born in GA, Elizabeth Linville age 67 born in NC and little Margaret E Linville age 1 born in AL.

From this census record I can glean that Worley's parents may be found somewhere in KY during the 1810-1820 census periods and that his mother is most likely the 67 year old Elizabeth Linville who is living with him. Margaret C is his wife Margaret Catherine Newell, her name later comes from her death certificate where her full name is given as Margret Catharine Linville and her parents names are William P. Newal and Pricilla Jones. I have yet to find a marriage record for Worley D and Margaret Catherine. The most likely reason is the fact that Randolph County had a destructive courthouse fire in 1897.

Continuing my search in Randolph County there is in the 1840 census a Worley Lindville listed as the head of household with the following living with him:

2 males age 20-29
2 males age 30-39
1 male aged 50-59 - too old to be my Worley D. Linville but maybe he was named after his father.
1 female age 10-14
1 female age 15-19
1 female age 20-29
1 female age 50-59 - IF this is Worley D's family most likely the Elizabeth from the 1850 census.

Often in my research I will use Google to search for my ancestors. There has been a lot of valuable 'feet on the ground' research done before so much was uploaded to the internet. And then that research has been shared later on. It may not be actual records but the research is definitely worth considering. When I did this I came across the following from USGENWEB:

Historical Records of Randolph County: Sep 16, 1846

Larmbird [Lambert] Linville administrator of the Estate of Worley Linville [SR] deceased, stated Worley died interstate and the land cannot be divided equally among his heirs and that Daniel and William Linville (both full age and reside in Kentucky) Elizabeth Jackson late Linville, Elender Cassels late Linville both full age residents of Georgia, Rebecca Phillips late Linville wife of Wilkins Phillips of full age and residing in Miss It is ordered that notice be issued to *Merriam Linville and Mark Cassels to appear in Court in October. Is the above mentioned Daniel my Worley D. Linville that some say is Worley Daniel Linville? If there was a courthouse fire in 1897 where did the above information come from? I've searched FamilySearch for probate/estate records for Randolph County and there are NONE, most likely because of the fire. Are the heirs listed all children?  Also of note, most online trees have the following two women listed as possibilities for Worley Sr.'s wife: 1) Rachel Pugh and 2) Elizabeth Jackson. 

From the above Estate I have concluded that Elizabeth Jackson is the married name of his daughter not his wife. She married William Jackson on 6 June 1841 in Carroll County, GA.  And the Worley Linville who married Rachel Pugh 23 March 1829 in Hardeman County, TN was alive and well in Tippah County, Mississippi for the 1850 census. Meaning there is another Worley Linville out there that is not my Worley Linville.  For the time being, my tree will have Worley Sr.'s wife listed as Elizabeth LNU  b. 1783 NC

Now going back to that 1840 Randolph Co. Census, keeping in mind that exact birthdates aren't very accurate using census records, and using it in conjunction with the Estate information I discovered this:

2 males age 20-29 - Worley D. & Lambert
2 males age 30-39 - William & ?
1 male aged 50-59 - Worley Sr.
1 female age 10-14 - Eleanor Ellender (married Mark Cassells brother Absalom)
1 female age 15-19 - Merriam (Martha)* (married to Mark Cassells)
1 female age 20-29 - Elizabeth (married William Jackson 1841) or Rebecca (married to W Phillips)
1 female age 50-59 - Elizabeth LNU


There is a William b 1809 KY living in Mercer Co. KY in 1850 (<-- William in such a common name I can't be certain this is indeed the William mentioned in the Estate), Lambert b. 1812 KY living in Randolph Co. AL in 1850, Rebecca Phillips b. 1813 KY married to William Wilkins Phillips living in Pontotoc Co. MS, Elizabeth Jackson b. 1814 KY married to William Jackson living in Heard Co., GA, Worley Daniel? Linville b. 1816 KY living in Randolph Co., AL and Eleanor Ellender Cassels b. 1823 KY married to Absalom Cassells living in Troup Co., GA.

All of the above children show the state of birth to be KY - this is what I have found for Worley Linville in census records in the state of KY. The names beside the age ranges are estimates and if any children are married but living in the household with Worley Sr they could be spouses of children.

1810, Rockcastle County, KY - Worldly Linville (Rockcastle County was formed in 1810)

3 males under 10 -
1 male age 26-44 - Worley Sr.
1 male 45+ - Worley's FIL?
1 female age 16-25 - Elizabeth LNU

*** In the 1810 census directly beneath Worldly Linville is the household of a William Linville and a William Linville Jr. - It would seem plausible and likely that Wm Sr. is Worley's father and Wm Jr. a brother. The census for William Sr. says he's 45+ in 1810.

1820, Rockcastle County, KY - Worley Linville

3 males under 10 - Worley D., Lambert, & ?
1 male age 10-15 - William ?
1 male age 26-44 - Worley Sr.
1 female age 26-45 - Elizabeth LNU

1830, Laurel County, KY - Wirley Linville

1 male age 10-14 - Worley D.
3 males age 20-29 - Lambert, William & ?
1 male age 50-59 - Worley Sr.
1 female under 5 - Ellender
2 female age 5-9 - Merriam & ?
1 female age 10-14 - Elizabeth
1 female age 15-19 - Rebecca
1 female age 50-59 - Elizabeth LNU

There is another record for Worley being in Laurel County KY other than the 1830 census.
In Deed Book G, pages 338-339, Laurel County, KY you can find the following:

"Know all men by these presents that I, Worley Linville, am held and firmly bound unto William Brown in the penal sum of two hundred dollars, well and truly to be paid as witnesses my hand, January the 14th, 1840.

"The bond is [unreadable two words] obligation is [unreadable word] as the said Worley Linville hath this day bargained and sold unto the said William Brown a certain tract or parcel of land lying and being on Rockcastle River on both sides, the beginning in Laurel County and state of Kentucky, containing fifty acres [unreadable word] by the name of the said Linville old river place for the consideration of one hundred dollars ninety four for being paid in have and the said Linville binds himself and his heirs to make the said Brown a special deed when the other six dollars is paid and binds himself for the purchase money back if the land is ever lost in testimony. I have hereunto set my hand and seal to wit this 14th day January 1840.

"Worley Linville

"I assign the within bond to John Decker, December the 5th 1841. Signed: Wm Brown, Attest: Thomas B. Nichols

"I assign the within bond to Thomas Brown, August the 27th day 1845. Signed: John H. Decker, Attest: William Reynolds

"The value received, I assign the within bond to Wm Brown, Aug 1st 1846. Signed: Thomas Brown

"For value received, I assign the within bond to Wm McQuary this 25 of Nov 1847. Signed: Wm Brown

"I assign the with bond to Wm Reynolds this 27 of January 1849. Signed: William McQuary

"I assign the with bond to David M. Minks and William A. Dire this 23rd day Oct 1850. Signed: William Reynolds

"For value received, I assign my interest of the within bond to Wm A. Dyer, Nov 23rd 1851. Signed: David M. Mink

"For value received, I assign the within bond to David M. Mink, January 1st 1858. Signed: John Roberts

"For value received, I assign the within bond to Andrew Decker, Feb 21st 1860. Signed: D.M. Mink, Attest: William McGraw

"This the 21st day of August 1868, I assign the within bond to James Smith of all my interest and [unreadable word] of me and my heirs with none back me or my heirs. Signed: A.M. Decker

"For value received, I assign the within bond to Isaac Mize this 26 day of August 1870. Signed: James Smith, Attest: James Cooper, Wm Lickliter

"State of Kentucky Laurel County, SS
"I, R.L. Ewell, clerk of the Laurel County Court do certify that the foregoing bond from Worley Linville to William Brown with the different assignments, last assignment of James Smith to Isaac Mize 26th Aug 1870, was produced to me in my office, signed for record. The same together with this certificate hat been duly admitted to records. Given under my hand this 8th day of June 1874, R.L. Ewell, clerk."

For now it is my opinion that Worley Daniel Linville is the son of Worley Linville Sr. and Elizabeth LNU and the grandson of the 1810 William Linville Sr. and wife unkown.

His siblings are William, Lambert, Rebecca Linville Phillips, Elizabeth Linville Jackson, Merriam Martha Linville Cassells and Eleanor Ellender Linville Cassells... possibly a brother or two who I have yet to discern and who weren't mentioned in the Estate or in this transcription of the Estate.
About 1848 Worley Daniel Linville married Margaret Catherine Newell. They had the following children who lived into adulthood:

Margaret Elizabeth b. 1849
Priscilla Frances b. 1852
Martha Jane b. 1854
Samantha Evaline b. 1857
Emma Josephine b. 1860
William Worley b. 1861
Isaac Marion b. 1865 - named after Margaret Newell's brother who died in the Civil War 9 June 1864
James Lafayette b. 1869

As stated before, in 1850 Worley Daniel with his wife, mother, and infant daughter Margaret, were found living in Randolph County, AL

In 1860 the family was still living in Randolph County, post office is listed as Rockdale. By this time Pricilla, Martha Jane, Samantha and Emma Josephine had been born. Also with this family is the 16 year old daughter of Worley's brother Lambert, Barbary E. Linville.

On 15 April 1864, Worley Daniel enlisted with the Confederacy and was elected First Lieutenant of Co. E of the 3rd Alabama  Reserves. Not much is known about his military career. His service records are only 2 pages long and I haven't been able to find any pension filed for him.

By 1870, Worley and his family, now with the three young boys; William, Isaac and James, are living about 50 miles North in Haralson County, GA. Their post office is listed as Tallapoosa. The year prior, in 1869 his daughter Priscilla Frances married Thomas Pope in this same county.

In November 1871 his oldest daughter Margaret Elizabeth married James F. Hughes in Haralson County.

In 1873, his daughter, Martha Jane, my ancestor married Jesse Josiah McClung in Haralson County, GA. They were married by JJ's maternal uncle Jesse G. Newman.

On 10 March of 1874, Worley Daniel Linville departed this life at the age of 57. He is said to be buried in Plunkett Cemetery, Collinsville, DeKalb County, Alabama.

Not long after his death, his daughters Samantha Evaline and Emma Josephine marry though I have yet to find marriage records. The 1900 census for these two sisters says they were married in 1874. Samantha E married Henry Washington Turner and Emma Josephine married her first cousin on  her maternal side, Isaac Johnson Harcrow. He was the son of W.L. "Lindsay" Harcrow and Lucinda T. Newell according to his Dearth Certificate.  Lucinda T. Newell was the sister of Margaret Catherine Newell.

In 1880 the widow Margaret is living with her three sons, William, Isaac and James in DeKalb County, AL not far from her married daughters Emma Harcrow and Priscilla Pope who are on the previous census page. Her married daughters Martha Jane McClung and Samantha Tanner are also living in DeKalb County very near one another but not as close to their mother and male siblings. Her oldest daughter Margaret Elizabeth Hughes is living in the neighboring county of Etowah.

In 1888, my ancestor, Martha Jane McClung dies at the young age of 33, possibly from childbirth.

The 1890 census is gone, but by 1900 most of this family has migrated to TX where in 1895 Margaret Elizabeth Hughes passed away at the age of 45. She is buried in Navarro County.
Pricilla and her family stayed in Alabama, where she died at the at of 77 in 1929.
It is said that Samantha died in 1902 in Wood County, TX - I can't find any record of her death. She would've only been 43. In 1900, Emma Josephine and her family are found living in Ellis Co and by 1910 they had moved to Haskell County where her mother Margaret Catherine is found living with Emma and Isaac's married daughter Laura Jackson. In 1919 the matriarch of this family passed away at the age of  88. Emma continued to live in Haskell until the age of 78. I was actually able to find her obituary from 1938 on Newspapers.com


William Worley became a prominent ranchman in the "Charlie Community". His first wife Fannie Owens died very young from fever in 1907. He remarried to a Louvenia Hellums. William Linville died in 1927 and was buried in Charlie, Clay County, TX at the age of 66.

Issaac spent most of his life in Palacios, Texas. He died there in 1949 at the age of 84.

James Lafayette passed away two years earlier in 1947 at the age of 77 in Haskell County, TX where he had lived for at least 40 years.

The thing I have learned about this family - whether it be the children of Worley Sr. or the children or Worley Daniel - many of them passed down that crazy name. Worley Sr.'s daughter Rebecca named a son Worley Phillips, my Worley named a son William Worley, Martha Cassels named a son Worley Absalom Cassels. Next generation - Worley Daniel's daughter Emma named her first born son Worley Harcrow,  Isaac Marion named a son John Worley and somewhere back in time there was that Worley Linville who married Rachel Pugh and settled in Tippah County Mississippi. Who was he named after and how is he tied into this family? Maybe that can be my next line of research.

Until next time,
Becky


Please be sure to check out my sister-in-law's post at Days of Our Lives  on her German immigrant ancestor and his final resting place.

Life On Antelope Flat

 

This blog post will not be comprised of my words but words from my ancestors and distant relatives that were preserved by the Truscott Historical Preservation Association in their publication Between The Wichitas, published in 1985.

This book sat on the shelf at my Grandmother's and I can remember skimming through it when I was still too young to understand the wealth of information and memories it held. While researching my Jones line last year I kept remembering that my grandmother had a book that she said had stories about her ancestors. I couldn't remember much more about it other than the word Wichita. She passed away in 2010 and I'm not sure what happened to her copy so I did a search online and I eventually found the book. I told my husband how much I would love to have it and to my surprise he bought it for me for my birthday. It was the perfect gift. And now I wanted to find a way to share this gift with any of you who share a few of these relatives with me.


While there is a lot of information about the John Calvin Jones family in this book, this post will primarily be about my Rutherford line-- my second great grandfather James Walter Rutherford, his wife Ora Frances McClung and the memories their children shared.

I recently came in contact with a woman on Ancestry who descends from James and Ora's daughter Glennie. She shared a couple wonderful pictures with me, and then she and I began emailing and eventually have connected on Facebook. This post will be for her and all the other long lost relatives I have out there ... may we soon connect.



The James Walter and Ora Frances Rutherford Family - Minus my Great Grandmother Myrtle Jones

 

 

The above picture was one that my new found cousin shared with me. Seated are my 2nd great grandparents and standing behind them left to right are their children, Laverne, Lona Belle, Opal, Elba, Glennie and Jesse Newton Rutherford. My great grandmother Lurie Myrtle Jones isn't pictured as she and her family were living 5 hours away in San Antonio. That would date this picture between the years 1934-1944.

James Walter Rutherford was the son of Thomas Franklin Rutherford and Martha Ann Wright. He was born 7 April 1877 in Tippah County, Mississippi. Ora Frances McClung was the daughter of Jesse Josiah McClung and Martha Jane Linville. She was born 1 July 1880 in DeKalb County, Alabama. The Rutherford family had made their way to Texas by 1880. The McClung's didn't come until 1895. On Christmas Day 1898 James Walter and Ora Frances were married in Mt. Pleasant, Titus County, Texas.

 

The newly married couple weren't in Titus County long. On 2 Oct 1899 the couple had their first child, my grandmother, Lurie Myrtle Rutherford who was born in Santa Anna, Coleman County, Texas, where the family shows up in the 1900 census living just a few households away from his parents. James and Ora went on to have three more children while living in Santa Anna, Jesse Newton, who was named after her father, Glennie, and then Elba. In 1907 James Walter purchased 338 acres at a place called Antelope Flat in Foard and Knox Counties. In January of 1908 the family loaded up a covered wagon and made their way some 150 -175 miles north.




Jesse, baby Glennie, Lurie Myrtle circa 1904



James Walter, Ora Frances, baby Lurie Myrtle and infant Jesse Newton

Here is a recollection of the trip as recalled by their son Jesse who would've been six at the time.

"Their stock, other than the team, consisted of a milk cow and a brood sow which was strapped in a crate on the wagon. A stove was carried inside the wagon and used for warmth and cooking purposes.

On the journey from Santa Anna to Antelope Flat, Jesse spent most of his time hunting for the family, mainly quail and other small game.
 

Upon reaching the Brazos River, which was overflowing due to heavy rains in the area, they had to wait a few days before attempting to cross.

After arriving at Antelope Flat, they removed the wheels from the wagon and lived in the wagon until a more permanent shelter could be made."

And here is what was shared by their daughter Opal who hadn't been born yet, but remembered the stories her mother would tell:

"In January 1908, they loaded their wagons and hack with what they could carry, with Mr. Peratte, the man from whom James Walter had bought the land, driving one. Opal recalls her mother saying she bought canned salmon for supper each night along the way -- along with a bottle of red-pepper sauce. It took a week to move; so, needless to say, the pepper sauce lasted a long time. At Antelope Flat, they camped in wagons and tents near a tank while building their houses."

Opal was the first child born after moving to Antelope Flat. She was born 3 December 1910.

I've done quite a bit of searching online for more information about Antelope Flat and the closest I could find was a place still on the map today called Antelope Flats but I don't feel that is the same place. From my book, Antelope Flat (no 's') is said to be "located northwest of Truscott, in the very northwest corner of Knox County, with part of it extending into the southwest corner of Foard County." The flat was given it's name from the antelope herds that loved the open country.

In 1909, the Antelope Flat School District 19, was formed by the Knox County commissioners court. The first the school house was located on land owned by a Dr. Kincaid but later James Walter donated some of his land so that the school could be located in the center of the community and closer to the newly opened public road.

Here are memories shared by my great grandmother, Myrtle Rutherford Jones:

"In 1911 or 1912 Papa let them-- the school district-- have an acre to move the one room house over there. We had a big wood stove in the middle of the room. The boys got the wood and carried water from a family that lived a short way south. A few years later, Papa dug a cistern and it was still there when they left the farm and went to Knox City. My first teacher was Mr. Jim Burnson, a fine teacher who taught all the grades"

 

A Ms. Clara Brown wrote:

"The Antelope Flat school had long desks which could seat two pupils at once. The water supply was rain water which fell on the roof and was guided into a cistern by gutters. If it did not rain, they hauled water from dirt stock tanks to fill the cistern. Water was drawn up from the cistern with a rope and tin bucket; then the water was poured into another bucket and carried into the building. Everyone used the same tin dipper."

James and Ora's daughter Elba remembered carrying cornbread to school during WWI when there would be "wheatless" days.

 

 The Antelope Flat school was in existence from 1909 - 1933. This little school building was the center of all community activity. Community spelling bees, arithmetic matches, box suppers, as well as serving as the communities place of worship. Every year the community also held a Easter egg hunt.

As the community grew children would begin their school years at Antelope Flat but then by 8th grade they would commute eleven miles to the nearest High School in Truscott. Below is the first school bus used to transport children.



James and Ora's daughter Opal remembered attending Antelope Flat for seven years and then one year at the Truscott school.

"(We) had to walk only one-fourth mile to school but with the deep snows in those days, it seemed farther. In those days you started school at age seven. Before that time, she was working in the field chopping and picking cotton. When Opal was eleven years old, her older sister Elba was driving the mules to the header barge; and her job was to ride in the header barge and keep the wheat pushed back. Opal was soon covered with wheat, and her father had to stop the header and help dig her out." 

 

Their daughter Lona, who was born 12 April 1915 remembered attending school until 8th grade... she remembers:

"(We) stayed out of school a lot to work in the field as their parents needed their help, although it was not easy to make up grades. Times were hard, but they never realized it. They went to church on Saturday night and Sunday as did almost everyone else on Antelope Flat. Occasionally they would have a singing or a party which was enjoyable."

James and Ora's youngest daughter, Laverne,  was born later in life about the same time two of the Rutherford grandchildren were born; Edwin was Myrtle's oldest child born in March 1923, and Dorothy was Glennie's oldest born in  Jan 1924 while Laverne was born in June of that same year.

Below is another picture that was recently shared with me. Left to right is my great grandmother, Myrtle holding Edwin, Ora holding Laverne, and Glennie holding Dorothy.

Antelope Flat 1924

 Laverne remembered that she went to school at Antelope Flat for three years....

"Her teachers were Miss Campbell, Inez Eubanks, and Mrs. Madole. In the first grade, there were three children: Dorothy Collier, Wrowena Nichols, and Laverne. Their school activities were very limited. They played baseball, but the big thing was putting boards across the borrow dith and walking on them. When Mrs. Madole taught, she lived in one side of the school building. In the winter she would as each student to bring a vegetable and milk, sugar and cocoa. Boy, could she make a good stew and hot chocolate for their lunch, cooking it all on the old round pot-bellied wood stove.

One week the girls made the best play house out of tumble weeds from the Rutherford farm. The school house was on their farm, but Mr. Rutherford had given the land for it. He decided that since we had the weeds all in one place, he could burn them and get rid of the seeds-millions of them. So that's what he did, and there went the playhouse."

 

Laverne and Opal shared quite a bit of memories from when they were growing up. I will start with Opal's memories since she was the oldest of the two:

"(Father) raised his own mules, and he drove the fast ones: but the ones the girls drove to the go-devil harrow and cultivator were slower. With only one boy in the family, the six girls had to work hard.

Travel back in the early days was by horse-back, hack or wagon. They got their first car in the early teens - or rather about 1915. It was a Dodge touring car--open in the summer, but in the winter they had side curtains to put on to make it a little warmer."

 

"Drinking water was also a problem. They had a well, also a spring, which their father walled with rock, but they could not drink water from either one. They also had a tank which would fill with good rains, but they got their drinking water from a well on Matt Black's place about two and one-half miles west of their home. The Black's lived in a dug out. As a small child, Opal used to wonder why they had their lamps lit in the day time. Kerosene lamps were all they had to give light at that time.

They had to make their own entertainment. One of Opal's fondest memories of those years is getting her father to play the piano. Their favorite was "Oh, Those Golden Slippers"; after so many years, Opal can still hear that tune as he played it.

They would all gather around the piano and sing hymns. He was also a wonderful bass singer and also played the violin. In fact he played for the W.O.W. when he was single and after moving to Truscott. He also picked the guitar.

As Opal grew older, they went to parties, candy pullings, ice cream suppers and fruit suppers. There were singings at different homes on Sunday nights. They had a Union Sunday school; and once each month, they had church on Saturday night, Sunday morning and Sunday night. The only two preachers Opal can remember are Bro. Balch and Bro. E. G. New. Each August they would have a revival meeting--sometimes lasting two weeks. They would enjoy that, for they did no work in the fields during that time.

In the summertime, they made lots of ice cream. Someone would go by wagon to Truscott and get the ice in 100-lb. blocks; and they would turn the crank by hand and make ice cream. At times, families would gather at the North Wichita River to seine fish; and they would really enjoy those fish fries.

Mrs. Rutherford (Ora Frances) was kept busy cooking, washing on the rub board, ironing with the sad irons heated on the wood stove. With six children, she was kept busy. She also raised chickens and turkeys.

Each fall they would butcher several hogs, their main source of meat for the entire year. They would render the fat in the wash kettle to make enough shortening to last until the next November."

Next are memories shared by the youngest Rutherford child, Alta Laverne :

"They didn't have radios, and their entertainment was getting people together with guitars and fiddles and the Rutherford's piano to make music. Laverne loved for Daddy to play "The Spanish Fandango" on guitar. He could play the piano too, even though by that time his fingers did not bend very well. Laverne remembers, "He could sing bass like I've never heard anywhere else when we would go to the church revivals under the old brush arbors! I can still hear him and Mr. J.T. Holmes singing that bass"

We always attended revivals of all denominations when we started going to church at Truscott every summer. But before going to service, we would go to Bates Grocery Store and get cheese and crackers and Delaware Punch drink and have our supper.

The good old medicine shows always came to town in the fall. The song "Tumbling Tumbleweeds" used to blare out over the loud speakers. They would walk the streets on the old wooden sidwaks--go by the café and smell the hamburgers--on to the drug store. What a treat to get an ice cream cone or a coke in a glass.

At that time of year, they knew it was not long before cold weather and time to kill hogs. Their dad would build a big fire under a barrel of water. When it began boiling, he would shoot a hog, scald it in the barrel, and hang it up to start scraping it and then cutting it up. Next morning for breakfast Mrs. Rutherford would have hot biscuits, tenderloin, and syrup and butter.

They pulled boles, and took bales of cotton to Truscott to be ginned. If Mr. Rutherford was late getting home, his wife would start worrying. The family would go out in the yard and listen for the rattle of the old wagon and team harness. He would usually buy a bushel of oranges and apples--a very special treat. Of course he always brought Laverne all-day suckers and stick candy.

Grain harvest was an exciting time also. Mrs. Rutherford cooked for the threshing crews. Laverne remembers eating her smothered chicken and their father's home-cured hams.

Mr. Rutherford finally got his combine; and the last summer Laverne was home he had more sunflowers in his field that he had wheat. He asked if they could pull them out; he would combine a swath, and pull more. They worked hard, and he made a good crop.

Of course, the tractor was the greatest thing ever, but Laverne missed the old horses. Her dad would come in, and she would meet him to drive the horses to the tank for water. He would be so tired, but she'd ask him to play ball with her, and he would.

When Laverne was about three, she had been in the cotton field with him and her mamma. She had a little flour sack her mother had for Laverne to pull boles in. That night Laverne's dad gave her a silver dollar for working. " I am sure I did not deserve it, but I still have that dollar," she says today.

Christmas Eve was a very special day. They would go to Truscott and visit until late afternoon--o home and Laverne and her Dad would light the old lantern and go to the pasture and cut down a cedar tree for their Christmas tree. her mother would pop corn, and they would string that and decorate the tree. Laverne still has a little cedar chest and rocking chair she got for Christmas on Antelope Flat--also a pair of brown gloves with fur (fake) on the tops. They are really worn but have such good memories attached she could never part with them.

Mrs. Rutherford was sick a lot when Laverne was young so Laverne started cooking and keeping house. Her mama taught her to crochet when she was sick in bed."

There is another brief memory of JW and Ora Rutherford shared by a neighboring family by the name of Nichols. Bill and Venice Arp Nichols had purchased a new Ford touring car in early 1929. In January of 1930 Venice  was due to have a baby "any day now"....

"Venice's youngest brother Oscar Arp, was staying with them. As the time drew near for the baby to arrive, Bill and Oscar would go out and start the car to be sure it would be ready when they needed it to go to a neighbor's to call the doctor. When the time arrived; the car started; but to their surprise, it would  not move, the wheels were frozen.

Oscar started off on foot to get Mrs. Rutherford (Ora) and later realized his feet and hands were frostbitten. Mr. Rutherford (James Walter) took them back in his car. In the meantime, Bill had gone by horseback to Hoss's house to borrow his car so he could drive to Pete Moody's to telephone Dr. Clark in Crowell."

One more memory from my book before I wrap things up. In the back of the book it lists the names of the individuals mentioned and the page numbers they appear on. Next to James Walter Rutherford are the page numbers, 30, 42, 76, 119, 200, 253, 332, 392, 499, 526-529, and 614. I have scoured these pages but one page number listed gave me a chuckle. On page 42 I cannot find his name or a reference to his family anywhere. But.... there is one little snippet that I wonder if it might be speaking of him. The small paragraph only says, "In the 1920s three local sisters turned over the family outhouse one Halloween, however; their father was in it. After tearing out the bottom boards, he crawled out! He was furious and blamed everyone in town except his three daughters."

James Walter Rutherford lived to be 73 years old. He died 12 Aug 1950. Ora lived another eight years and passed away 14 July 1858 at the age of 78.

I'm curious when they left their farm on Antelope Flat and moved into town in Knox City.

I hope those of you who read this enjoy these stories and memories that were preserved for us. And I hope even more that you will take the time to share your memories too so that those who come after us can have a glimpse into their past and where they came from.

Until next time,
Becky

Grass Widows And The Best Little Whorehouse In Texas

 

 

This blog post will be LONG and maybe a bit convoluted, but it is as an attempt at explaining how old newspaper articles helped me from getting the wrong story on a certain branch of my family tree.

I'll start with my 4th great grandfather, Alford Wooliver. I'm not sure if his name was actually Alford or Alfred as it is spelled both ways 50% of the time on all his records. Alford was the father of Annie Wooliver and she is half of who the title is referring to. But for the backstory I'm going to start with her father.

Using the 1850 census as a starting point I know that 'Alfred Woliver' was born about 1804 in NC. He is living in District 6, Bates County, Missouri with his second wife, 26 year old Mary (Shivers), a 19 year old David Woliver also born in NC, a 17 year old Mary who was born in TN, a 13 year old James born in MO, a 12 year old John born in MO, my 3rd great grandmother Minerva Jane who was born in MO, an 8 year old Malvina born in MO, a 2 year old Frances born in MO and a one month old Sarilda also born in MO. This family is living right next door to 53 year old Thomas Shivers who was born in SC.

Before Mary Shivers, Alford Wooliver was married to Sinai Compton. They were married 17 May 1835 in Johnson County, MO.




If we assume all the people named above were indeed children of Alford's then we can assume that Sinai is not the mother of David Woliver (b. 1831 NC) or Mary Woliver (b. 1833 TN).

Since Sinai isn't listed with the family in 1850 and 8 May 1845 in Henry County, MO there is a marriage index for Mary S. Shivers and Alfred Wolaver, I will  assume that Sinai died possibly from childbirth.

Again using the birthdates from the 1850 census and marriage dates I will say that Alford Woolever and Sinai Compton were the parents of James, John, Minerva and Malvina. And he and Mary Shivers were the parents of Frances and Sarilda.

By 1860 most of this family has moved and settled in Texas.

I'm not certain where the oldest two children, David and Mary are, but James is listed with his father, step-mother, and the following half-siblings in Burnet, Texas: Francis( from the previous census) and new additions Alford Jr, Malissa, Elvira and Susan. One month old baby Sarilda isn't listed. John isn't listed nor have I found him in any 1860 census record but in Jan 1860 at Liberty Hill he's shown as being enlisted with the Mounted Rangers and in 1862 he is shown as having enlisted to fight with the CSA at Burnet with the 21st Texas Cavalry. He later died 23 Dec 1863 at Lake Bluff, AR during the war. My ancestor Minerva is a newlywed living with her husband Killian Rich just a few houses down. Killian's parents were living right next to Alford and Mary. Malvina isn't listed in the 1860 census but there is a marriage record for her and John Thomas Scott out of Burnet, TX for 18 Feb 1860. Her full  name is Nancy Malvina Woolover. (As you can see there are a million different ways to spell this surname!)

I can't find the Alford and Mary at all in 1870. James is also unaccounted for. John has passed away, Minerva and her husband Killian are also unaccounted for. Malvina is with her husband and the following children, Ricky, Margaret, Lucy and John, living in Colorado County, TX. Francis isn't listed in the census but she did marry a Thomas Benton Gentry on 24 April 1870 also in Colorado County, TX.  Malissa, Elvira, and Susan will still be with their parents.  By 1880 Alford Sr. has passed away according the census and Mary is living in Colorado County, Texas with Alford Jr, Elvira, Susan and a new child Annie who was born in 1862. I'm not certain of Alford Sr's death date but considering that Mary Wooliver is listed on the Tax rolls in 1879 I'm going to assume that Alford passed away before then.

Here is where the story begins.

When Annie showed up on the 1880 census I recently did a little digging on her line and she is now the topic of this post.

In Colorado County, Marriage Book F, page 360, There is an Annie E. Wooliver transcribed as marrying a J. F. Flournoy on February 13, 1884, they were married by J. S. Miles, minister of the gospel. I later find that J. F. should've been J. T for John Thomas Flournoy.

I never find Annie and her husband together in a census record. In 1900 she is living with her brother Alford Jr, her mother, Mary and the following children, Edward (14), Gertrude (11), Lee (8), and Ben (5). In Justice Precinct 2, Colorado County, Texas. She lists her marital status as "Widowed" so I naturally assumed John Thomas Flournoy had died. But he hasn't and this is how I discovered the facts.

When began researching the oldest child, Edward Flournoy,  I discovered his full name to be Edward Gi bson Flournoy from his Find-A-Grave page. But then something peculiar shows up. There is an Edward G (14) and Thomas L Flournoy (7)  living with their grandparents Mordicai and Martha Flournoy in Justice Precinct 3, Colorado County, Texas. I keep this on the back burner for later.

In 1910 he is listed as the head of the household in Justice Precinct 5, Colorado County TX, living with his brother Lee and a few cousins, William Walker (45), William McCullough (28) and Curly Williams (20).

In 1917-1918 he registers for the WWI draft. Lists his occupation as "idle" (I found that funny). Later goes on to say he isn't presently employed and lists his closest relative as Mrs A E Flournoy and his address as Port Arthur, Jefferson Texas.

I then found his death certificate. He is listed as the son of J T Flournoy and Anna Wooliver. Then I and began searching Newspapers.com. for the surname 'Flournoy' in TX before and up to his death date and found several articles that tell me a little about him.

In 1931 an article from The Colorado Citizen says that Ed Flournoy along with a Mr. and Mrs. Tom Flournoy and their son Mike visited in Refugio. They were accompanied by a Mr. and Mrs. Royce Flournoy.

In 1940 an article of little genealogical significance mentions Ed Flournoy as the recipient of appreciation from a Mr. Jenkins for helping park cars for the county-wide barbecue.

In 1941 Ed Flournoy is announced as a deputy under Sheriff Harvey Lee of Weimar, TX.

In 1942 Ed Flournoy is appointed as a bailiff for the district court.

Then in The Weimar Mercury, 20 April 1945 I find his obituary.
It tells me he was the oldest son of J T and Annie Flournoy, that he never married and then it lists who survived him.

 

Wait. A stepmother? If his mother was a widow how does he have a step-mother? I know he had a sister named Gertrude. And brothers Lee and Ben. Who are Jim, Royce and Mike? The latter two were mentioned in the 1931 article too. And if Mike was the son of Mr. and Mrs. Tom Flournoy is Tom actually John Thomas Flournoy?

I go back and erase the death of John Thomas and add a spouse, first name Etta, and there in 1920, Rock Island, Colorado, Texas,  I find a JT Flournoy married to an Etta living with his father, M G Flournoy. Children in the home are Jim (17), Dixie (14) Royce (13) and Hick (3). There's the Jim and Royce from the obituary.

And then after searching Flournoy and Hendron (Gertrude's married name) I find this article from 8 June 1967 in the Weimar Mercury.





Mordicai Gibson and Martha Jane Flournoy will be the grandparents in the 1900 census that Edward Gibson and Thomas Lee were listed in. I have no idea why they were listed twice in two separate homes other than when they're listed with their mother and uncle the enumeration date was 5 June and when they're listed with their grandparents the enumeration date was the 10 June. And Mordicai Gibson is the MG that John Thomas, his wife, and children are living with in 1920. Also in the article is Lee Flournoy, Ben Flournoy, Gertude Flournoy Herndon, T. J. "Jim" Flournoy and H.R. "Mike" Flournoy.

I continued to gather evidence and piece this family together separating full and half-siblings and then I decided to vent my frustration on the Ancestry Facebook Group about Annie being listed as a widow when her husband was still very much alive.  Then came a response from a Janet Carlson (who is always full of helpful ancestry advice). She said "There is more than one type of a widow. Research the term "grass widow". I did, and here is what I found:

 Word History: Grass widow is first recorded in 1528, and originally referred to an unmarried woman who has lived with one or more men, a discarded mistress, or a woman who has borne a child out of wedlock. The grass in grass widow seems to have originally made reference to the makeshift bed of grass or hay (as opposed to a real bed with a mattress and sheets) on which a woman might lie with her lover before he rises and abandons her—leaving her a widow, so to speak, in the grass. Throughout the Middle Ages and the Renaissance, grass and the color green in general had sexual connotations, in allusion to the green stains left on clothing after rolling in the grass. (The lyrics of the 16th-century song Greensleeves, for example, give voice to the sufferings of an abandoned lover.) By the middle of the 19th century, however, grass widow had come to refer mainly to a wife whose husband is temporarily absent or one who is living apart from her husband. In colonial India, for example, it was used of British women who, during the hot season, went off to enjoy the cool of the hills while their husbands were stuck at their jobs in the heat of the plains. Although the reason for the change in meaning is not known with any certainty, people may have interpreted the grass in grass widow as equivalent to pasture, as in the expression out to pasture. Nowadays, the term grass widow can also refer to a wife who has separated from her husband and to a divorced woman.

 So Annie wasn't misrepresenting the truth. This was a common term. I love information like this!

 

While trying to piece together this puzzle and differentiate full siblings from half-siblings so I can place them with their correct mothers I did some more digging and I find the obituary of Thomas Lee Flournoy who mentions his brother 'Sheriff Jim'

 

 

This led me to search for "Sheriff Jim Flournoy" and this is what I found:

 

How about that! Now, 'Sheriff Jim' isn't related to me through blood, because his mother was Martha Etta Holbrook Flournoy. But this little nugget sure was an interesting find.




In closing, I hope you were able to keep up. And I hope you learned a few things. Like not to carve your assumptions in to stone and how helpful old newspaper articles can be.

Until next time,
Becky

And as always, be sure to check in with my sister-in-law's blog over at Days of Our Lives.

Civil War Roll Call

This won't be a blog post full of immense detail unless I come back to edit it. For now it will just be a quick reference of my Civil War Ancestors with the units they were in. If the name is highlighted that means a blog post has been written about them or they are at least mentioned. Maybe if I'm having writers block this will be a good place to come back to for writing material. Hopefully every name will eventually be highlighted.

Some of these men fought for the duration, some were imprisoned, some died from disease, some at the hands of bushwhackers, but I don't believe I had any that died from injuries sustained during battle.

• John Middleton Nall (3rd great grandfather) - Co. H 19th Texas Infantry, CSA
• Thomas Franklin Rutherford (3rd great grandfather) - Co. A 34th Mississippi Infantry, CSA
• Asa Franklin Moore (4th great grandfather) - Co. G 34th Georgia Infantry, CSA
• Malcolm 'Mack' Foster (3rd great grandfather) - Co. D Stone's Regiment, 2nd Partisan Rangers, CSA; no service records found, only pension.
• James Martin Bass (3rd great grandfather) - Co. E 1st Regiment Alabama Cavalry; no records found, only pension index.
• Francis Marion Melson (3rd great grandfather) - Co. A 2nd Arkansas Infantry, USA
• Absalom Patton Melson (4th great grandfather) - Co. A 2nd Arkansas Infantry, USA
• John Leander Martin (4th great grandfather) - Co. A 2nd Arkansas Infantry, USA
• William Henry Boyer (5th great grandfather) - Co. F 10th Reg't Arkansas Militia, CSA; Co. L Hill's 7th Reg't Arkansas Cavalry, CSA switched sides Co. A Arkansas 4th Infantry, USA transferred Co. I Arkansas 2nd Infantry, USA
• William Bynum (4th great grandfather) - Co. D 2nd Arkansas Infantry, USA
• Levi Pitts (5th great grandfather) - Co. H 2nd Arkansas Infantry, USA
• James M. Boen (4th great grandfather) - Co. H 26th Arkansas Infantry, CSA
• William Stepp (3rd great grandfather) - Co. A 60th North Carolina Infantry, CSA
• William Gordon Acord (4th great grandfather) - Co. H 10th Arkansas Militia, CSA
• Joseph Josiah Evans (3rd great grandfather) - Co. C 8th Missouri Cavalry, USA
• James Kossier (4th great grandfather) - Co. H 1st Regiment Texas Infantry; no records, only  index card
• Worley Daniel Linville (4th great grandfather) - Co. E Third Alabama Reserves (Lieutenant)

I have two ancestors that were the right age that I can't find any record for involvement in the Civil War:

• Abner Merrell/Merrill (3rd great grandfather) - North Carolina -- One researcher says Abner paid someone to fight on his behalf.
  
  
  
• Killian Rich (3rd great grandfather) - Texas -- Since found one document saying he was a Private Co. Spear's R Corps C.S.A
  
  

I suggest this film by Ken Burns to get a deeper glimpse into the war:

Death And The Civil War or these excerpts from his series The Civil War.

John Middleton Nall - Confederate POW

My recent post on Thomas Franklin Rutherford and the resources I came across while researching has prompted me to research another Confederate War ancestor. My 3rd great grandfather, John Middleton Nall.

John was the son of Thomas J Nall and Catherine Harris. He was named after Thomas' brother Middleton F Nall. John was born 24 Mar 1829 - this date comes from his headstone, but I don't believe it is correct. In the 1830 Henry, Georgia, census Thomas doesn't have any male children in his household, only a young girl under 5, more than likely John's sister Margaret. I believe John was actually born closer to 1833. Its the age given in the 1850 census as well as the age given when he enlisted into the military.

In 1840, John is listed as the only male child 5-9 living in Meriwether, Georgia, with his father. Also in the household are two male children under 5 (Nathan & Davis), Thomas is listed as being between 30-39 and cannot read or write. There is a female child 5-9 (Margaret) and Catherine is listed as being between 30-39 and also cannot read or write.

In 1850, John is listed by his initials last name Nale  still living in Meriwether, Georgia. His older sister Margaret has since married a Harris Scroggins and is living in Coweta. But still living at home with Thomas and Catherine is Nathan, Davis, and a new member to the family, 6 year old little sister D S A Nale. I never have found her in any of the other records. I don't know if she died or married extremely young. She isn't with the family in 1860.

Sometime between 1850 and 1857 when I find my next record, this Nall family traveled about 650 miles to Rusk County, TX (Nathan Harris Nall's widows pension application says that the family moved here in 1857).

On 6 Aug 1857 John Middleton Nall marries Mary Jane Garner in Rusk County, Texas. I'm uncertain of her parentage. I know she was born in 1838 in GA. I thought she may have been the daughter of Thomas W Garner and Sarah Reeves, but I'm not confident in that assumption. <---- wrong assumption. Read on to see how I find her REAL parents.

Three years later this young family is still living in Rusk, TX.  Right next door to his father. Their post office is listed as Minden. There are twin little boys listed with the family under the initials DH & S Nawls. They are six months old. I later discover D H to be David Harrison. I think S must have died as an infant because I never see him again. Also living with this family are John's sister Margaret, her husband and their children, James T, C A (female), John E and Wm F Scroggins.

The next few years would be very difficult for this family and countless others across this nation. On 10 May 1862 John  Middleton Nall enlisted into Capt. Harvey Wallace's Co., Waterhouse's Regiment at Minden, Rusk, Texas. This unit later became known as Co. H 19th Texas Infantry.

"Walker's Texas Division Battle Flag - This flag, from a...n unidentified Texas regiment, is inscribed with battle honors "Mansfield, April 8th 1864" and "Pleasant Hill, April 9, 1864." This flag is important for two reasons. First, it was carried by a Texas unit in the two desperate Louisiana battles that turned back Union General Nathaniel Bank's Red River Expedition, thus saving east Texas from conquest. Second, it is one of only two so-called Taylor battle flags still in existence. [Taylor flags are named for General Richard Taylor, son of President Zachary Taylor, and Confederate commander in western Louisiana.] The Taylor flags are unusual because they are Saint Andrews cross rebel flags with the colors reversed, i.e. a blue field instead of the famous red field, and a red rather than blue cross with white stars."

Co H 19th regiment Texas Infantry was attached to the 3rd Brigade (along with the 16th Infantry, 16th Cavalry, 17th Infantry and Captain Edgar's Battery of Light Artillery). This brigade with 3 others was placed under the command of Major Gen'l John G. Walker and was known as 'Walker's Division' until the close of the war. So the above flag is the one my ancestor would have more than likely fought under.

Right from the start (remembering he enlisted in May '62) he was a victim of the outbreak of measles, dysentery, and diarrhea that killed twenty-four men and necessitated leaving between thirty and forty sick behind. He was left in Jefferson, TX in Aug. I'm sure he had barely recovered when he had to march to Camp Nelson in AR during the Sept-Oct muster and had to be left behind at a convalescent camp in Little Rock. He registers as present in Jan & Feb at Camp Wright in AR but was once again absent from muster due to illness in May-June '63 He was in Monroe, LA while the rest of his regiment was 'in the field'. He makes muster in July-Aug at Camp Texas, LA as well as Camp Bayou in Sept & Oct but is still noted as sick. He is STILL sick but makes muster in Jan & Feb at Fort DeRussy where he is shot in the shoulder and captured March 14.

Can you imagine all those miles marching, and fightin in hot and cold, carrying your rifle (which was NOT as light as one may think) while recovering from the likes of dysentery for over a year?

In all his service records he's listed as a Private except for the records documenting his gunshot wound and capture. In those records he's listed as a Corporal. According to those records he was taken to New Orleans and on July 22 1864 he was transferred from there and exchanged at Red River Landing. At some point prior to the exchange John Middleton was taken to the USA General Hospital in Baton Rouge where his gunshot wound was treated. He was to 'Return to Duty' April 30th 1864, a little over 6 weeks after he we shot, at which he was turned over to the Provost Marshall.

Below is a picture of the hospital where he was treated. There is a medical card in his file that only gives his name, unit and rank (here it says Pvt) with the following number: 1787156

After his exchange I'm not sure what happened. Did he return to his unit? I'm not sure. The only record after that date is one for a Regiment Return April 1865 where under the heading for "Absent enlisted men accounted for" it says: Detached Service. Post Duty. Marshall. Feb 7/65 S.O. 34 Dept Hd qrs 

I have no idea what any of that means, but I'm looking into it.

I do know that in February 1865 John Middleton Nall's family makes it onto the list of Indignant Solder's Families, Rusk County, Texas with 3 dependents. By 1865 the members of John's family NOT including himself would've been his wife, Mary Jane, his son David, and then my ancestor John Thomas who was born about 7 April 1861 (according to his Death Certificate). This would mean baby 'S' had already passed away. This list was of the soldiers and families that were "without the means of comfortable support" at the close of the war. I wonder if baby S Nall died from malnourishment?

In 1870, John had survived the war and this family, reunited,  is still living in Rusk County, but this time their post office is listed in Henderson (about 12 miles North of Minden). All members listed are John, Jane, David, John T. Sarah and Ophelia.

In 1880 they had moved to Collin County, Texas. Those listed are John, Mary J, Sarah, P O (Percelley Opehlia), C A (Charles Alexander/Elexander) and J W (James Wesley).


In 1899 John files for pension from Waxahachie, Ellis County, Texas. There isn't too much new information to be gleaned from this file. It does state that he has lived in Waxahachie for 5 years. BUT I just now picked up on something! How have I missed this all these years? In his application one of his witnesses is JJ GARNER. John Middleton's wife's maiden name is GARNER!

{Sidebar: JJ Garner is Josiah J. Garner whose father was John R. Garner Jr. Guess who Josiah J. Garner is married to. Mary A. Nix. Guess who else was a witness in John Middleton's pension application. Thomas L Nix Sr! Thomas Nix Sr. is Mary A. Nix's half brother. Thomas also was a member of Co H. 19th Texas Infantry. Also in Co H 19th Texas Infantry is a J T Garner aka John Thomas Garner who is also the son of John R. Garner Jr. Folks I think I just found Mary Jane Garner's siblings/parents! So  much for nothing new being gleaned, lol.}

{{Sidebar to my Sidebar -THIS is one reason I love blogging. It makes me slow down and take in ALL the information in a more concentrated manner and I often times pick up on things I otherwise would've missed. End Sidebar(s)}}

The other witness in this pension application is Joseph Mabra who claims to have known John since 1847. Joseph shows up in the 1860 census just a few doors down from John. He mentions that John was wounded in the shoulder AND the jaw during the war. John's pension was approved, file #01233.

In 1900 John is living in Ellis County, Texas. Several children have since moved out and married and there's a new child listed. Everyone listed this time is John, Mary J, Alexander, and Lenny (daughter) who is 19 so she barely missed the last census. John can read and write and he rents his property. Occupation is listed as farmer.

In 1910 John is living with his son Charles Elexander and his family in Hall County, Texas. Mary isn't with him and she doesn't show up anywhere else. She's still alive as she shows up in the 1920 census with John, their granddaughter Alice Hester (daughter of Pervelly Ophelia and Oscar Hester) and their son James Wesley still in Hall County, Texas.

On 8 March 1922 John Middleton Nall passed away. He is buried in Lakeview Cemetery in Memphis Texas. Mary Jane went on to live another nine years before she joined him.

Memphis Democrat 16 March 1922

Until next week,
Becky

As always please take the time to check out my SIL's blog Days of Our Lives

Prohibition And The Age of Lawlessness

 

I've kind of gotten away from the 52 Ancestors blog prompts lately. This will be my second "rogue" post. The reason, you may be wondering, is because I recently came across a story that is too good to not write and I can't wait for a prompt that would fit it! The story won't be about a direct ancestor, but rather David "Dave" Williamson Rutherford, the brother of my 2nd great grandfather, James Walter Rutherford.

Dave Rutherford was the 7th child born to Thomas Franklin Rutherford and Martha Ann Wright. And the first of their children to be born in Texas. According to his WWI draft registration, Dave was born 11 April 1880 and considering his parents show up in the 1880 Ellis County Census it is probably there that he was born.

According to transcribed records, on 27 Oct 1899, David W. Rutherford married Rachel Paralee Close in Coleman County, Texas. They were married by an Elder of the Methodist Church, Mr. William Charles Hilburn.

In 1900 this newly married couple is found in the Coleman County census living in between his parents and David's sister Minnie Elizabeth who is now married to Francis Marion Close (I believe him to be Paralee's brother). He owns his home but it is mortgaged and his occupation is listed as a Farmer.



Seated are Thomas Franklin and Martha Ann. Standing is David and Paralee

In March 1906 Dave's father passes away.

In 1910 Dave and Paralee are living on their own in Coleman County. No children*. His mother Martha is living up in Childress with her daughter Minnie Elizabeth Rutherford Close.

In 1917 David registers for the draft. He is 38 years old, medium height and medium build. He has blue eyes and grey hair. Another interesting piece of information from this record his is occupation. He says he is a 'Rental Agent' and his employer? Mrs. M.A. Rutherford (his mother). His place of employment is listed as Santa Anna, Texas.

In 1920 according to the census, he is living with his wife in Buffalo School District, in Coleman County, TX. There are no children listed with the family. His mother, Martha, is now living with him.

This is where the plot thickens.

Dave was in his mid to late 30's when Prohibition was taking the country by storm. Fear that 'the drink' was causing a decline in the family dynamic as well as the social damage and individual wreckage that alcohol consumption too often seemed to cause, some Americans sought to persuade citizens to refrain from drinking liquor. In 1919, when Dave was 39, Texas voters approved a state prohibition amendment.

At some point Dave began to take up with a neighbor by the name of J L Parnell (or maybe it was the other way around). In February of 1921 it was discovered by Prohibition Agent RD Schumate, that Mr. Parnell had a 15 gallon still in the upstairs of his home. Somehow our Dave was tied to this and he and Jim Parnell were arrested and taken to the jail in San Angelo where bond was set at $1500. That is $18,155 in today's money!




Identification card of Prohibition Agent R D Shumate




Brownwood Bulletin (Brownwood, Tex.), Vol. 21, No. 106, Ed. 1 Friday, February 18, 1921



 



I guess that much money and jail time wasn't enough to convince Dave of the dangers of alcohol during the time of prohibition because almost exactly 3 years to the day Dave's life all begins to come to an end. On 16 Feb 1924 Deputy Sheriff Joe H. Griffith and Constable W. L. Connolly attempted to arrest him on the minor charge of intoxication. When the officers approached him, he shouted "Don't arrest me!" and then pulled out his .38 and began to shoot. He shot Griffith in the stomach and Connolly in the thigh but they returned fire and Griffith landed a shot to Dave's head. One article said it went through his head but missed his brain while another reported that he was shot through the jaw. At first it was thought that he wouldn't recover but Dave pulled through. Unfortunately Sheriff Griffith did not.

Taken from Tippah County Rutherford's Page

RAY STOCKARDS ACCOUNT

Dave Rutherford was well known and liked here in De Leon (Santa Anna) He had the reputation of being a fair man and of not putting up with a lot of guff from anyone. He came here about 1920 as I recall and bought a little place outside of town and built a house there.

Dave and his little wife lived there and that is where Dave ran his business from. Dave was a bootlegger and sold some real good moonshine. Understand being a bootlegger in those days was not something to be particularly ashamed of. Dave was looked up to and respected in the area because he never cheated anyone and kept out of other folks business.

It was his bootlegging that got him in trouble and it happened this way:

The local sheriff was a man name of Joe Griffeth or Griffin I don't recollect which. Everyone called him “Uncle Joe". This sheriff used to try and get a portion of all the bootlegging and other illegal activities in the town. He and Dave didn't see eye to eye on some things and had had trouble in the past. Once Joe tried to bully Dave into paying him a part of his bootlegging money and they got in a fistfight over it. Dave knocked Joe out cold and went home. When Joe came to he vowed to kill Dave the first time he got half a chance. Folks here figure if Joe had just asked nicely Dave would have given him some money. Dave was like that. He Just didn't like to be bullied and wouldn't put up with it.

The whole thing came to a head one night in February of 1924. Dave had come to town to deliver some whisky, which he put, under a sort of dock in the alley behind the store. I owned a restaurant at the end of the alley where it all took place and I went outside when I heard someone arguing out there.

Dave had come to town in his wagon and had tied up in the alley. Joe and the local constable, a fellow named Conneley, were talking to Dave who was standing in his wagon in front of the seat. Joe told Dave he was under arrest for bootlegging and Dave asked if he had a warrant. Joe said " I don't need a warrant to take the likes of you to jail. Dave said " you are going to need one real bad before you get me there".

The constable, Conneley, was standing in front of the wagon holding the horses so Dave couldn't go anywhere. Joe reached for his gun and Dave opened his coat and pulled his and the shooting started. I didn't see who fired first but Dave shot two shots that hit the sheriff in the stomach. Connely took off running down the alley and Dave gave him one in each hip pocket to hurry him along.

Dave had an old German Luger. (Probably a war trophy from WWI ) ed. He turned back partly toward Joe just as Joe fired and Dave fell off the wagon. The whole thing took maybe half a minute.

Joe come down the alley and asked if he could use the phone to get a doctor and call his wife. He said he didn't think he would survive and he didn't. Joe had a big potbelly and Dave put two bullets in it. When the doctor got there they took Joe and Connely into the store to treat them. The doctor told Joe he was in bad shape and was not going to live. Connely wasn't hurt much but I never heard a person take on so in all my life. You'd of thought it was him was killed. During all this time no one paid any attention to Dave who was still laying outside by the wagon. Finally someone decided to go see if he was alive. Turned out he was. He had been shot through the jaws just in front of his ears but he was conscious. The doctor pulled a silk handkerchief completely through the wounds and said that was all he could do there and that Dave might just make it to the hospital but probably would not live.

They got Dave to the hospital and he did live and recovered completely. The doctors at the hospital told Dave he was not going to make it. Dave couldn't talk so he reached up and pulled a pen from the doctor’s pocket and wrote on the sheet not to worry about him because he would be all right.
Dave's  mother, Martha Ann, died later that same year.







 

 

One year later Dave Rutherford received his sentence for the murder of Sheriff Joe H. Griffith. In May of 1925 after only 2 hours of deliberation he was given life in prison.















I guess when you've been sentenced to life in prison you really don't have much to lose. Dave appealed this verdict but fearing the worst decided to take matters into his own hands. In November of 1926 while awaiting the verdict on his appeal he escaped from the prison in Brownwood by sawing his way out of his cell with a shoe spring and then tying blankets together to make a rope to lower himself out of the building.

If you want to read text from the 1926 trial of Dave W. Rutherford vs. The State, with witness testimony, click here. <--This is quite a find! It sounds like Griffith and Dave had quite a history.

If you're like me you're wondering what a shoe spring is. According the link above a shoe spring or a spring plate was a piece of carbon graphite that was lighter than a feather but stronger than steel. While the link above is a rather new item, there was a patent for a spring loaded arch support as early as 1920.

 

 

 

 

Dave was able to enjoy his freedom for only a year before being recaptured. During that year he took the alias of Crude and began employment with a pipe line crew around Eldorado. In late August 1927, while enjoying his meal at a local restaurant, Deputy Sheriff Leslie Galbreath, recognized Dave Rutherford and called in for back up. He and W.E. Young the deputy for the Humble pipe crew later made the arrest. I don't know if the remark made by Dave upon arrest was sincere or some sort of arrogance. The article claims the reward for Rutherford's capture was only $100 but when Dave was captured he admitted to being the man they were looking for and claimed to be worth $1000, telling Galbreath not to hand him over until he got his thousand dollars.

In September of 1927 Dave Rutherford shows up in the Texas, Convict and Conduct Register, age 47, 5'9" and 157lbs. Is listed as a Christian and his shoe size was 8. He smoked and had attended school for 7 years. He was confined to the State Penitentiary in Huntsville, Walker, Texas. At some point he was moved to the State Sanitarium in Angleton, Texas where on the 28 of August 1928 he got into a knife  fight with another convict named J E Edwards at the kitchen on the Ramsey State Farm where they worked. He "recovered" from his wounds to the point of dying one month later on 25/6 September 1928. None of this was initially known. It seems the prison wanted to cover up their lack of medical care because in their books cause of death was listed as 'heart block' and when they sent his body back home to Santa Anna slashed all over with stab wounds and gashes they included a death certificate with a cause of death listed as 'heart failure'. Just a few days later on 3 Oct 1928, Dave's faithful widow Paralee demanded a probe into the death of her husband where the truth was finally made known.

An interview passed down from an unknown source and published on the Tippah County Rutherford Page says the following:


Paralee Close married Dave Rutherford ~ date unknown) and they had one son* who died shortly after birth. After Dave was killed she moved to Tucson AZ and worked as a cook at the county jail until her retirement. She never remarried and lived alone all the rest or her life. She was a very private person and it was very hard for her to talk about David but she bravely tried to give me all the information she could. She broke down in tears several times. Out of respect for her I have waited to record her account until after her death.

PARALEES ACCOUNT 

David was a very respected man around De Leon and didn't have a lot of trouble with anyone. He didn’t put up with a lot from people but he was not the kind to start trouble unless they started it first. He was an aviator in the war (WWI) and was a pretty good hand at whatever he tried.

He had some trouble with the City marshal ( Stockard said sheriff but he was mistaken) and the Marshal vowed to kill Dave if he ever got a chance.

In February of 1924 Dave went to town to do some business and the marshal tried to arrest him. There was a fight and the marshal got killed. The constable was also hurt but he recovered. Dave was shot and went to the hospital. He recovered and was taken to Brady to be tried for shooting the Marshal.

The trial was later moved to Brownwood after the trial at Brady was declared a mistrial. While awaiting trial at Brownwood Dave escaped and was free for about a year before being recaptured. They finally got him while he was asleep. He had been working on a pipeline gang somewhere in Texas. Dave was tried and found guilty and sentenced to 99 years. (This is also different from Stockards account and is probably more accurate).

David was in prison until 1929 when he was killed by a cook who had stolen an ice pick from the kitchen. 

When I asked her why Dave got stabbed she told me that it was a revenge killing instigated by the Masons because “ Uncle Joe Griffeth" was a Mason. This was Parolees personal opinion and I have not been able to prove or disprove it.

Exactly how Dave escaped from jail in Brownwood is still a mystery. Legend has it that he got a gun which was hidden in the false bottom of a suitcase that he received at the jail. I asked Parolee about this and she would only say “ Well he got out".






From all the records I've been able to gather, I've never found that Dave and Paralee had any children*. His father passed away long before any of this lawlessness took place and  his dear mother only endured the very beginning before she passed away. I wonder what life was like for his siblings. I know one paper out of Dublin reported on the story and made note that Dave was the brother of one of their citizens, Mrs. S.L. Price (Lillie Carl Rutherford, wife of Sterling L. Price). My ancestor, James Walter was living over 150 miles away in Knox County during all of this. Dave's sister, Minnie Elizabeth and Paralee's brother Francis Marion Close who had once lived right next door in 1900 were now living near 200 miles away in Childress. Dave's oldest brother, Thomas Nathaniel was living in Big Spring, Texas and he died in 1926. His brother Grandville is living near 200 miles away in Navarro County, and his sister Margaret who had married Nick Hosch was living in OK. I also wonder what kind of support system Dave's wife had while she endured all of this. Her parents are in Coleman County still. Her father died in 1925 and her mother in 1929.  In 1930 she is still found living in Santa Anna. She's a seamstress and works as a dress maker, she owns her home and its valued at $1100. In 1940 she's living in Pima, AZ as the head of  household. Her brother Henry Close, also widowed, is living with her. According to that census she had lived in AZ for at least 5 years and she is now a cook at the public school where she has an income of $540 for an eighteen month period. Her brother is a painter and it shows he didn't work. After that she disappears until her death in 1984. She's buried next to Dave at Santa Anna Cemetery. If her birth and death dates are correct, she lived to be over 100 years old.

Do you have any prohibition ancestors or stories? I wonder if the prohibition caused far more problems than it solved?

One article quoted a Dr. Alfred E. Stearns, [speaking of the prohibition laws in 1924] "It has bred crime and dishonesty in high places and low". He went on to say that while he wasn't a prohibitionist he did support obeying the law.

Until next week,
Becky


Click here and scroll down a little more than half-way to get a first person account from Mr. Ray Stockard who knew Dave as well as his wife Paralee's account.