Thomas Franklin Rutherford - Confederate POW

I haven't really been keeping up with the 52 Ancestors prompts this month for a litany of reasons. Mainly I haven't had much time for research with the kids home during the summer. This morning when I checked my Facebook there was an invitation to submit stories to a webpage chronicling the lives of Tippah County Confederate Soldiers. I have one of those! But I haven't written about him yet. So this post will be about my 3rd great grandfather, Thomas Franklin Rutherford. I have written about his mother here, and his great grandmother here.

Thomas Franklin Rutherford was the third eldest son of Thomas Rutherford and Margaret Adeline Lemmond. He was born 27 Oct 1836 in Union County, Georgia. In 1840, Thomas would've been listed with his father. In Union County GA 1840 census there is the Thomas Rutherford family with two boys under five (Thomas Franklin and younger brother John Lemmond), two boys ages five through nine (William Williamson and James McCullough) then two males  ages 20-29 (Most likely the younger brothers of Margaret Adeline as Thomas became the guardian of Robert and John Lemmond the same date as his marriage to Margaret Adeline 27 Feb 1832 ). Then Thomas Sr. 30-39, one female under five (Elizabeth) and one female 20-29 (Margaret Adeline).

Presumed to be a pic of Thomas Sr.

When Thomas was about 12 years of age his family moved to Falkner,Tippah County, Mississippi. At the age of 14 he is found by name (Franklin) with his parents in the 1850 Tippah County census with siblings William, James, Elizabeth, John, Robert, Flynn, Alexander, and Mary Ann. At the age of 24 he married Martha Ann Wright on 22 Nov 1860. She was the daughter of Nathaniel Wright and Dorothy Blair.

On 25 February 1862 Thomas Franklin, along with three of his brothers, James M, John L and Robert W, as well as his brothers-in-law, George W. and William C. Wright, along with 70 other men, met at James Childer's and enlisted with Co. A of the 37th Mississippi Infantry. This company later became Co. A of the 34th Mississippi Infantry. There is a book written by David B. Boone, Jr. titled Honor Without A Stain; The 34th Mississippi Infantry Regiment, 1862-1865 with a lot of information in it. It mentions Thomas Franklin by name on pages 12, 87, and 92. Also if you have a subscription to Fold3 his military records can be found here.

According to Fold3 records his regiment was organized in April of 1862. They saw their first battle just 20 days later at Corinth/Farmington on 9 May. Thomas first appears on the Muster Rolls for July & Aug of '62 as Present. After the Battle at Farmington Thomas's Company was sent 221 miles (he would've marched on foot) to Chattanooga where, joined with Gen. Bragg's army they marched another 271 miles to Kentucky where they engage in the Battle of Perryville. In his records it mentions that he was severely wounded at that battle, which was fought on the 7th & 8th of October 1862. Four days later, back at home, his wife would give birth to their first son, Thomas Nathaniel Rutherford.

It's here that I want to pause for a moment, considering all the debate that is taking place across this Nation about the Confederate flag, and what it means today to many people who defend it. And what it meant then, to some.

While researching this line and finding that Thomas Franklin and 5 of his brother's all fought on the side of the Confederacy, one has to ponder their motives. Was it slave related? Was it to protect their homes/land/way of life? Why Thomas Franklin and his brothers fought for the Confederacy may never be known, but I do want to give some history on his family so that we get a bigger picture.

I'll start with the name Thomas. Thomas was a family name. We have Thomas Nathaniel, son of Thomas Franklin. Thomas Franklin son of Thomas (no known middle name) so I'll say Thomas Sr.  Thomas Sr. was the son of David Rutherford who had a half-brother named Thomas Todd. Thomas Todd mentions David's children in his Will.

David Rutherford died when Thomas Sr. was only six or seven years old. David's widow, Elizabeth Williamson Rutherford didn't remarry until Thomas Sr. was 18.  And while Thomas Todd mentions his half-brother's children in his will, it's the other contents of this will that are so interesting to me.

Thomas Todd, of Rowan County, NC, wrote out his will in 1858. He didn't die for another 11 years.

In his will Thomas makes provisions for his slaves to be set free. Their names were listed in the following order: July, Bob, Tom, Summer, Eliza, Rachel and Parker. In the 1860 slave schedules there are seven slaves listed under the ownership of Thomas Todd. Two males age 50. One female age 50. One male age 20. One male age 18. One male age 15. And one female age 13. If the above named individuals were listed by age that would mean July, Bob and Eliza were born about 1810, Tom about 1840, Summer about 1842, Parker about 1845 and Rachel about 1847.

Here is the transcription of Thomas Todd's Will:

In the name of God, Amen - I Thomas Todd being in good health and sound mind and memory but knowing the uncertainty of human life, do make and constitute this my last Will and Testament at the same time revoking all former wills which may have been made by me.

Item 1st: In the first place, I desire that all my just debts be paid and that my executors cause a Tomb Stone of a respectable article to be erected over my grave; and pay all of my burial expenses.

Item 2nd: It is my will and wish that all my slaves be emancipated and released from servitude but knowing that this cannot be accomplished without their removal from this State, I declare it to be my will, and I hereby expressly direct my executors that as soon after my death as it can conveniently be done they cause all my negroes to wit: July, Bob, Tom, Sunnon (possibly Lunnon), Eliza, Rachel, and Parker and the increase of Rachel and Eliza if they should have any from this date to be removed and settled in some free State or States. But if it should happen that my said slaves cannot be removed and settled in a free State or States either in consequence of the law of such State or States prohibiting their introduction & settlement or rom any other sufficient reason then and in that even it is y will and direction that my said slaves be sent to Liberia in Africa and for the purpose of enabling my executors to carry out my will in regard to my slaves I will and bequeath to them eight hundred dollars to be raised out of my personal estate and if my personal is insufficient to make the sum then take out of my land property and to be held by them in trust and applied in discharge of their expenses of the removal of my said salves to a free State or States or to Liberia as the case may be and if there should be any balance of the trust fund herein created remaining after paying the expenses of the removal of my slaves as aforesaid then to pay over such balance to my said slaves to be equally divided among them. If my executors should find in impractical to remove my slaves immediately after my death and it should become necessary to hire them out for a time it is my will that all money received by them for hire be held used and paid over as herein before directed in regard to the fund of eight hundred dollars. If the fund I have herein set apart to defray the expenses of the removal of my slaves in manner as above directed should prove to be insufficient, I hereby authorize my executors to appropriate such further sums or sums from my estate ass may be necessary to cover the expenses of the removal.

Item 3rd: I will and direct three hundred dollars to be paid out of my Estate to my niece Mary Ann Gheen.

Item 4th: I will and bequeath all the remaining part of my estate which may be left after complying with the above bequeaths to my Brother John B Todd and my sisters Nancy S. Thomason, Elizabeth P Trott and Mary Kerr* or their heirs or assigns should make any effort to brake or set aside this my last Will and testament as I have directed It is then my will that part I have allowed to go to my Brother and Sisters as above mentioned go to my half Brother David Rutherford's children vis, James Rutherford, Thomas Rutherford, William B Rutherford and Mary Ann Gheen. But if my Brother and Sisters or their heirs or assigns admit this my last will and testament to stand as I have directed it I allow them to have above mentioned, Share and Share. I appoint DA Davis and Archibald H. Caldwell executors of this my last will and testament.

*to be divided equally among the four share and share; now if my brother John B Todd and my sister Nancy S. Thomason, Elizabeth P Trott and Mary Kerr

6th: It is my will that my Executors sell all my property and personal except my slaves and make the distribution herein before directed in money.

Witness my hand and seal this 16th day of January AD 1854

Witnesses N F Hall & J C Gillespie

I hereby decline to qualify as Executor of the will of Thomas Todd as above appointed and relinquish all claims to qualify as such Executor. July 29th 1869 signed DA Davis

Witness SH Wiley

 To find out more you can read through his Estate File here . For anyone researching their African American/Slave ancestors I would like to note that in the Estate File last names for the former slaves are given as July Todd, Lunnon alias Lane Henderson, Bob dies no last name given, Tom Henderson, Eliza Henderson, Rachel marries a Caesar Robertson and Parker dies no last name given.

So from this we know that Thomas Sr.'s Uncle was an Abolitionist. Thomas Sr. was a mill right and while he didn't have any slaves listed with his family in 1840 he did have 3 listed under his name in 1850. A 40 year old woman and two young female babies age 2 and 10 months. In 1860 he is not found in the slave schedules. Thomas Franklin doesn't show up anywhere in 1860 other than his marriage record. Non of Thomas Franklin's brothers show up in the 1860 slave schedules. And his Father-in-law Nathaniel Wright isn't listed in the slave schedules either. There is a record for Thomas Sr. with the Southern Claims Commission where he states that he didn't vote for succession. He said there was not a Union Candidate so he did not vote. He goes on further to say:

"I was a Union man at the commencement of the war, still I can't say I did not sympathize with my sons in the Confederate Army."

From there he goes on to list what was taken from his mill - bacon, corn meal, horses etc. and in closing says,

"I believe the property taken was necessary for the use of the US Army, was taken under circumstances that justifies the taking and would justify the US Gov in paying for the same."

 A witness to Thomas Sr.'s claim, a teacher named J W Thompson, says that Thomas Sr. was a "Union man in theory".

Due to his sons' enlistment with the Confederacy, Thomas Sr.'s claim was denied.

So with a father who was a "Union man in theory" and a great uncle who was an Abolitionist, what would motivate these six young men to volunteer for the Confederacy? ** Here is a newspaper article about Thomas' daughter Lillie that also says, though he was against slavery, he fought for the confederacy.. The Odessa American

At the time of their enlistment William would've been around 30, James 28, Thomas 26, John 22, Robert 20 and David Flynn only 18.

Now to continue with the rest of Thomas Franklin's military story:

After being severely wounded at the Battle of Perryville, Thomas Franklin continued in the fighting. He would travel to Shelbyville, TN, where he was 'Present' for Nov & Dec of '62. On the 31st of December,  the 34th would engage in the Battle of Stones River at Murfreesboro, TN. Again Thomas Franklin shows as 'present' for Jan & Feb of '63. For March & April '63 he was 'present' and promoted from Private to 5th Sergeant on the 15th of April.

A little online research provided the following information on the rank of 5th Sergeant:

5th Sgt was the most junior Sgt in the Company & not all CS units had a 5th Sgt as some of the CS units only alowed for 4 Sgt's. If there had been a 5th Sgt prior to that point he would likely have been demoted to 1st Corporal. In the ranks he would have stood behind the battle line as a file closer in the middle area of the battle line IIRC.

As to their duties, the NCO's had varying degrees of responsability w/ the 2nd Corporal being responsible for 6-12 men depending on the situation. The 5th Sgt would typically have been responsible for 2 Corporals and about 20 men. But as casualties, attrition and detachments quickly dropped a 1000 man Regiment to often less than 300 you can see why 5th Sgt's were dropped from the establishment. They just weren't needed anymore, eliminating them from the organization saved some coin and unneeded rank.

For the months of July & Aug, Sgt Thomas Franklin Rutherford was 'present'. It would seem there was quite a bit of down time (about 8 months) between the battle of Stones River and the last two battles Thomas Franklin would take part in. On 18 September 1863 he would fight in the Battle of Chickamauga and then moved to Look Out Mountain where he and his brother Robert Walker were captured and taken prisoner on 24 Nov 1863.


Regimental flag of the 34th Mississippi Infantry captured at Lookout Mountain Nov. 24, 1863 by the 149th N.Y.

The two brothers were first taken to Nashville and from there taken to the Union Military Prison in Louisville, KY for holding. They were kept until Dec 3rd when they were then loaded onto the train and shipped to Rock Island. They arrived December 5th. He and his brother appear to have been able to stay together through this ordeal. Both were "housed" in Barracks #9; Thomas Franklin registered as #36 and Robert Walker as #37.

To read a first person account of what it was like at Rock Island Prison please click here.
On the 18th of March 1864 Thomas Franklin Rutherford signed his Oath of Allegiance and he, his brother, and over 1,000 other soldiers were transferred for exchange of Union prisoners on March 20, 1864.

In his service records where his name appears on the rolls of soldiers who took the Oath of Allegiance in the remarks it says "Wishes to go home."

Nothing remains of the prison buildings today. Visitors on the island, as they view the island's beautiful scenery, see nothing to recall this period in the island's history. Where once the Headquarters buildings of the prison was located stands the mansion of the Commanding General of the Ordnance Weapons Command. The stockade and the prison barracks area is now a part of the Rock Island Arsenal Golf Course and officers quarters. The non-contagious disease hospital is the present site of two Arsenal shop buildings. The pest houses of the day have given way to a huge shop building. All that remains of the period of the island's history are the Confederate and National Cemeteries, which lie in quiet and peaceful groves of elms and oak trees. Perpetual care of the graves give these peaceful sites with their rows of white headstones in long straight rows, completely encircled by the towering trees, a serene and peaceful resting place for those who died so far from home and friends.

 After his release I'm not sure what happened as the war didn't end for the 34th for another year, when they surrendered 26 April 1865.

After the war Thomas Franklin returned home to Tippah, Mississippi where he fathered five more children, Grandville Gregory, Mary, Alice, Margaret, and my ancestor James Walter Rutherford who was born in 1877.

By 1880 Thomas, with his wife and children, left Mississippi and settled in Ellis County, Texas. And by 1900 he was in Coleman County where he died in 1906 and is buried at Santa Anna Cemetery. Children born to him while living in Texas were, David Williamson*, Minnie Elizabeth, and Lillie Carl. I have never been able to find a military pension or a widows pension.  From all of the census records his occupation was always listed as farmer. I wish I could find out more from his life in Texas. Maybe I will in time.

Until next week,
Becky

*Williamson was also a family name. It was his paternal grandmother's maiden name. Her first name was Elizabeth. When her husband David died, her father William became guardian of Thomas Sr. and his siblings, James, William Brandon, Mary Ann, and David.

As always please check out my Sister-in-law's blog at Days of Our Lives. And for more on the Tippah County Rutherford's you can check out this page.

A Long Lost Branch. A Mystery. And A Theory.

 

This post will be about a litany of people in my family tree. The main characters aren't directly related but its a story worth telling, or at the very least, I need to get it out of my head and onto "paper" to help flesh it all out. A lot of facts will be included but they will only support a theory I'm working on. You can decide for yourself if you agree with me or not.

This all started with the post I wrote on my 4th great grandfather Maize R. Foster. While going through his Estate File I came to the portion where his land was divided up amongst his heirs. All of them where his children except for a Sanford Hosack. I wondered if he was married to Maize's oldest daughter, only known by L J Foster from the 1850 census. She is never mentioned in his Estate and Maize didn't leave a Will. I believe she died, either in childbirth or from whatever illness killed Maize, and left his son John and wife Sarah unmentioned in the Estate as well.

I found myself looking into the Probate Files for anyone with the last name Hosack in Collin County, TX and game to the Guardian File for a William S. Hosack dated 1858. In this file it says that "William S. Hosack is the minor of (there's a blank space) Hosack deceased is as such heir entitled to an interest in the Estate of Maize R & Sarah Foster deceased."

 

Then it says he's the heir of L J Hosack:



To me this is proof that the L J Foster from the 1850 census was married to Sanford Hosack and they had a son William S Hosack.

So I went to see if I could find a marriage record anywhere. The best I could find was transcribed indexes for a Louisaha Foster that married a Jesse Harris in Collin County in 1852. Then in 1855 a Lucinda Jane Harris married a John S Hosock. Maybe Sanford Hosack's first name was John? And he was L J's second marriage? These records came from FamilySearch. Ancestry has the 1855 marriage transcribed as Lucinda Jane Harris married to John Hosock Sr.

Now to go back to the Guardian File for William S. Hosack. Sanford Beck was appointed his guardian 29 March 1858. In 1860 William S. Hosack isn't with the Sanford Beck family anywhere according to census records. And he's not listed in Beck's Estate File when Sanford dies in 1871 either. There is however in 1860 6 year old William S. Hoosick living all the way in Los Angeles, CA with a Samuel Hart family. Samuel has a wife Lucinda and daughter Aceneth who is just 2 years older than Wm and was born in MO. Samuel's occupation is listed as a 'Teamster'. In 1860 a Teamster would've been someone who hauled goods across the country with a team of mules.

Here is some additional information I've been able to dig up on Samuel Hart. Samuel Hart was born about 1824 in either PA or NY and married a Huldah Ann Brott in Lee County, Iowa in 1849. They were in Clark, MO in 1850 and in 1851 they had a daughter named Louisa Aceneth Hart. Then according to a family history and a newspaper article they had another daughter named Lucile Platte Hart in 1853.

"Lucile Platte Hart was born while her parents were traveling by covered wagon en route to California. She was born on the Platte River at Fort Laramie, Wyoming. This is where her middle name came from. Her mother Huldah died when Lucile was two weeks old. Samuel was quite distraught at his wife's death. Having a 2 year old daughter to care for, Samuel allowed a Mormon couple Ann and Winters to care for the newborn. After two weeks the Winters had fallen in love with Lucile and persuaded Samuel to leave her with them to raise. Samuel decided it would be best for Lucile to stay with the Winters since he had 2 year old Aceneth to care for. Samuel left Lucile with the Winters in Salt Lake City, Utah and continued on to California.

Samuel would visit Lucile regularly through the years. When Lucile was 15 years old, Ann Winters sent word to Samuel that her husband was preparing to marry Lucile off to a much older man with two wives already. Samuel hopped on a horse and went to Salt Lake City to get Lucile and take her home with him."

So who is this second wife Lucinda? Is she my Lucinda Jane Foster/Harris/Hosack... maybe she didn't die? Is she someone else all together?

If Samuel was traveling the Oregon Trail how did he come across Wm S "Hoosick" born in TX?

In 1870 Samuel and Lucinda Hart are found living in Warren, Iowa. July 3 1870 Aceneth is in the marriage records of the same county/state married to a J W White and in the Iowa, Select Marriages, 1809-1992 there is a Wm Hosaac with spouse Louisa H. J. Butts and child Agnes Pearl Hosaac. Is that Pearl's marriage record information?

More to come......

Maize R. Foster - Connecting The Dots

While waiting for another 52 Ancestors prompt I've made a possible breakthrough on my Maize R. Foster line.


I believe his parents could be James Coulter Foster and Sarah "Sally" McCray.

James Coulter Foster was born around  13 FEB 1775 in Rockbridge, VA he married Sarah McCray who was born 10 MAY 1777 , on 2 Aug 1804 in Rockbridge, VA.



Children born to this union are:

Jane C. b. 1805
Maize R b. 1807 (possibly)
David C. b. 1808
James W. b 1811
Isaac Newton b. 1813
Sarah Melvina b. 1815 m. Charles Wysong
Joseph H. b. 1818
Nancy M. b. 1820
Rachel Belle b. 1826

Most all of these individuals can be found in MO then later passing away in Collin County, TX.

1) Jane C. Foster never marries as far as I can tell. In 1850 she is living in Collin County with her mother Sarah, and her siblings, Isaac, Joseph, Nancy and Rachel as well as with her widowed brother-in-law Charles Wysong and his two children Helen and James and a Josiah L. Kelly.

In 1860, Collin County, TX, she is living with siblings Joseph and Nancy, again Charles Wysong, Helen (first name is listed as Theresa) James, and Charles' father Jacob Wysong.

In 1870, still in Collin County, she is still with Joseph, Nancy and Helen Wysong.

And in 1880 these three siblings are still together. Joseph, Nancy and Jane, in Collin County, TX.

Jane passes away 6 Sep 1881 and is buried in Throckmorton Cemetery, Melissa, Collin County, Texas, along with her mother, and siblings Joseph, Nancy, Sarah Wysong, and an unknown NC Foster. I believe James Coulter is buried back in VA. He died Apr. 6, 1838.


2) Maize R. Foster as mentioned in my last post, was born around 1807 in NC (but that's not carved in stone as it came from the one and only census record he is listed on and we all know census records are sometimes inaccurate for exact birth dates and places.) Maize is in Benton County, MO around 1835 where he serves on the Grand Jury along side a James Foster. Was this his brother that I will mention in a bit, or a different James all-together.

By 1845 Maize is listed in the Fannin County Tax Rolls. Fannin later becomes Collin County in 1846.

In 1850 Maize is Collin County with his wife and children. and by 1856 he passes away. I have no idea where he is buried. I suspect it may be in the Throckmorton Cemetery. Maybe his marker is no longer there or worn so badly his name is illegible.

3). David C. Foster was born about 1808 in Virginia. In 1840 he can be found in Pettis County, MO In the family is a  (1) Male - 30 thru 39, (1) Male - Under 5, a son Joseph H b. 1838 (1) Female - 30 thru 39, his wife Susan LNU b. 1805 in KY, and (1) Female - Under 5, a daughter Sarah b. 1836.

In 1850 this family is found in Collin County, TX with the addition of another son James H. b. 1840 in MO and a daughter S A b. 1843 in MO

In 1860 David is not listed with his wife Susan and children Joseph, James and Susan as well as two young men John and George White. They are living in Grayson County, TX

 

I cannot find any record of his death other than an index to the Mortality Schedule that says he died Sept 1860 in Grayson County of Typhoid Fever.

4) James W. Foster was born about 1811 in VA. He married Sarah W. Shaw 3 Oct 1833 in Rockbridge County, VA. In 1840 James and Sarah with 4 little ones are found in Lexington, Rockbridge, VA, in 1850 they are in Salt Springs, Randolph, MO with son Theodore (15), daughter Sarah M (14), son James (13), daughter Susan (10) and sons John (4) and newborn Zachary. In 1860 they are in Collin County, TX. in 1870, Mantua, Collin County with son John and a new addition who is now 20, son, Robert. In 1880, Mom and Dad are living with son Robert Taylor and his young family in Granbury, Hood, Texas. No death record found.

5) Isaac Newton Foster b. about 1813 in VA. 1850 he is living in Collin County with his mother Sarah, and his siblings, Jane, Joseph, Nancy and Rachel as well as with his widowed brother-in-law Charles Wysong and his two children Helen and James and a Josiah L. Kelly. In 1854 he marries Mahala Perrin in Collin County, TX. In 1860 he is still in Collin County. He is listed as a wagon maker. He and Mahala have 3 boys Austier (actually Oscar) Arthur and James and have a young teacher, Mr. Cary(?) Gates living with them. Still in Collin County by 1870 with 4 more children; John, Price, William and Wilby. In 1880 with two more children, Gracie and Clyde they are still found in Collin County; Oscar has moved out. Jan. 16, 1895 Isaac passed away and is buried in Highland Cemetery, Melissa, Collin County.

6) Sarah Melvina Foster as born 1815 in VA and is first found by name in Cooper County MO where she marries Charles Hopkins Wyson 1 June 1847. She and Charles have 3 children together, a daughter Helen Teresa born March 23, 1849 in Missouri and twin boys born in Melissa, Collin County TX. One son James Hopkins survives the other twin dies at birth and Sarah dies two days later.

7) Joseph H. Foster was born about 1817 in VA and is first found by name in Collin County, TX in 1850 living with his mother Sarah, and his siblings, Jane, Isaac, Nancy and Rachel as well as with his widowed brother-in-law Charles Wysong and his two children Helen and James and a Josiah L. Kelly. I don't believe he ever marries as in 1860, 1870 and in 1880 is always found living with his sisters Jane and Nancy, who also never marry. I know Nancy is not his wife as it always lists her a single and as Joseph's sister in 1880.

8) Nancy has been covered in all the entries above.

9)Rachel Belle Foster was born about 1826 in VA and is first found by name living with her family in 1850 in Collin County, TX. In 1851 she marries a Benjamin Franklin McMahan. In 1860 she and Benjamin are living in Collin County with 5 children; Cornelious, Sarah, Ellen, Mary and James. In 1870 they have moved to Saline, MO by 1880 they are living in Cooper County with 3 more children born to their union where she is found in 1900 and 1910. by 1900 Benjamin had passed away. She died  30 MAR 1916 and is buried in the James McMahan Family Cemetery in Cooper County, MO.
I've made a map of Missouri to show the dates that each of these "siblings" were there and what county they were in. Note that Rachel is first found in Collin County but later settles in MO.





It seems very likely that if Maize is not a sibling to these people he must be closely related.

Until Next Week,
Becky

When So Much Loss Leaves You Restless

This week the prompt from No Story Too Small is 'Halfway'. This left me stumped. I reached out to my SIL, who writes over at Days of Our Lives and she gave me a ton of ideas. I took a couple of them and decided to write about my 3rd great grandfather, Jesse Josiah McClung, who at the midway point in his life between the ages of 31-44  would lose his mother, wife, a son and a daughter. Two of his children would be buried at the halfway point between Georgia, where he was born, and Oklahoma where he died.

But let's start at the beginning.

Jesse Josiah McClung was they youngest son born to Solomon Reece McClung and Winey Lawson Newman. (I believe this is who my grandmother, Winnie Sue Jones was named after.) He was born 21 March 1853, in Haralson County, Georgia.

When Jesse was only 5 years old he lost his father on May 11, 1858. His mother never remarried.  At the age of 10 Jesse lost one of his older his brothers, William Jasper McClung. William served in Co. K. 40th Regt. Georgia Volunteers Infantry and was killed in Action July 25, 1863, at Vicksburg, Miss. He would later name a son after him.

On the 14th of August 1873, Jesse Josiah McClung married Martha Jane Linville. She was the daughter of Worley Daniel Lineville and Margaret Catherine Newell. Jesse and Martha were joined in matrimony by his maternal uncle, and namesake, Jesse G. Newman.




On  May 18, 1875 Martha gave birth to their first child, a daughter, named after both their mothers, Winney Lawson Margaret McClung. And within the next year they would welcome their first son and name him after Jesse's brother. William J. McClung.

By the 1880 census this little family is living in DeKalb County, AL and have two more little children added to their number. Two little girls, Matilda Ann and my ancestor Ora Frances. (Ora doesn't appear in the census because Martha is pregnant with her at the time of the enumeration.) Two years later they welcomed another little girl, my great grandmother's namesake, Lurie Evelyn McClung born 12 Sept 1882.

Then on April 9, 1884 Jesse would suffer the first of many consecutive blows. His mother passes away. This blow is softened a bit by the birth of two more sons, Robert Reece and Jessie Josiah Jr. who went by Joseph or 'Joe'.

Then another blow. Jesse's wife of 14 years,  Martha Jane, died 26 Feb 1888.

There was another child born to this union. One who like my ancestor Ora Frances, never made it into a census record with her parents. The only proof I have that either of these women were the children of Jesse and Martha comes from the interview of their brother Joe by Belle Newman Allen, who wrote Family Gleanings (1965).  This little girl's name was Tilly Ann. I wonder if Martha died giving birth to her?

According to "Joe", his father became very restless after Martha died. By 1893 he loaded up all of his children, except his oldest who was now married to Vinson Ford Studdard, and headed west to Texas. The family lived in Navarro County for three years before his father felt the urge to move again. In the Fall of 1897 they headed to Arkansas where two of the hardest blows to Jesse would be dealt. In Dec of that year while searching for a place that felt like home Jesse's son William became ill and died. Then one month later in the cold of January he would bury his baby *Tilly Ann. After these two devastating loses, Jesse and the remainder of his children headed back to Texas where they rented a little place near Mt. Pleasant in Titus County, Texas. This is where my 2nd great grandmother Ora Frances would meet and marry James Walter Rutherford on Christmas Day 1898. They would file their license January 2 1999. Oct 2 of that year my great grandmother Lurie Myrtle Rutherford was born and just 5 days later, her namesake Lurie Evelyn McClung would marry M G Davis. With just his two youngest boys left at home, Jesse moves again to Indian Territory. In 1910 he is living in Carmel, Jackson County, OK with his youngest son "Joe" and poor Lurie who is listed as a widow with her 3 little ones, Orris, Norman, and Annie. In 1920 Jesse is living  in Wall, Stephens County, OK with Lurie, now remarried to a Benjamin Prater. I wonder if they had a special bond in knowing the pain of losing a spouse. Jesse lived with Lurie the remainder of his life, until he passed away 12 March 1935.


*When I was growing up and spending my weekends with my grandmother, Winnie Sue, she would tell the story of a little girl who was buried near Mena on the wagon trail
on the way to TX. Being about 8 or so I don't remember many details and I'm not sure I even asked many questions. I just remember thinking how sad for that little girl to be buried on the side of the road somewhere. I believe Tilly Ann is who my grandmother was talking about. I always thought she said it was my Grandmother Jones' sister but after researching this family, and finding the Belle Newman Allen resource, I'm certain she said it was her grandmother's sister.

Until next week,
Becky

Alabama Pioneer

School is finally out for the summer and I'm finding it difficult to get time for my blog on a consistent basis. I may get this one done just in the nick of time.

The prompt this week is "The Old Homestead" and I've chosen to write about my 4th great grandfather Henry Athey.

This week I ran across a new to me resource - The General Land Records Bureau of Land Management database where you can look up land records. If you're lucky you can download a copy of the actual record and you can even view that land on a map. After plugging several of my ancestors into their little search box I finally came across one who seemed to have purchased quite a bit of land in the early days of Alabama history - and according to some of these records he fought during the Indian Wars (Creek War of 1836 and the Second Seminole War also called Florida War) Henry Athey.

According to census records, Henry Athey was born in South Carolina in the year 1809. His parents are said to be Henry Athey Sr. and Carrie Hartman.

I think I will try to lay out the information I have on him in a timeline.

• Aug 20, 1834 at the age of 25, Henry purchased 79.81 acres in Montgomery County, AL
• Aug 02, 1837 Henry, now 28,  purchased 40.05 acres also in Montgomery County (there is a duplicate for this land record and the one following recorded for the date July 28, 1838)
• Aug 12, 1837 He purchased 40.11 acres in Montgomery County
• Aug 15, 1838 Henry married Sarah L. Brunson
  
• 1839 Sarah gave birth to a son, William Athey
• 1840 Sarah gave birth to a son, Barnett Athey
• 1842 Sarah gave birth to a son, Wilson Athey
• 1843 Sarah gave birth to a son, John Athey
• 1845 Sarah gave birth to a son, James Athey
• 1847 Sarah gave birth to my ancestor, Benjamin Franklin Athey
• 1849 Sarah gave birth to Thomas Athey
• 1850 the family is found in Pike County, AL those listed are Henry (41), Sarah (37), William (11), Barnett (10), Wilson (8), John (7), James (5), Benjamin (3), Thomas (1) and Joseph H. Robb (22)
• 1852 Sarah gave birth to their youngest, George Athey
• Nov 02, 1854 Henry was awarded 40 acres of Bounty Land for his service as a Private in Captain McDougall's Company, Alabama Militia during the Florida War in Walton & Washington County, FL

• Feb 14, 1857 Henry sold a slave, *Matilda, who was pregnant to a Mr. Littleton Olive. The events that followed this transaction would end up in the Supreme Court as Athey v Olive, 34 Alabama 711 (1859). You can download a free EBook with most all of the information about this case.
• May 03, 1860 Henry was awarded 119.85 acres Bounty Land in Crenshaw County, AL for his service in the Creek War under Captain McDougald, Alabama Militia. Crenshaw County at that time would've been Pike County, AL (Here's a link to an Alabama Formation Map)
  
  
  On that same day in the records lists this same parcel of land being sold to Henry by the Widow of  James F. Johnston, Sarah Johnston.
  
  Henry Athey's Bounty Land Record:

Sarah Johnston - War of 1812 Bounty Land Record Assigned to Henry Athey:

•  Jun 08, 1860 Henry's family is once again in the Pike County, AL census minus his wife, Sarah and son William. Those listed are Henry (51) Josiah B (19) Wilson W. (17), John W. (15) James B (14) Benjamin (12) Thomas (10) and baby George (7).  William is still living though I can't find him listed in the 1860 census. He is later named as the Administrator of his father's Estate in 1862. From papers found in Henry's Estate File I have deduced that Henry must've died between months of April and Dec 1862. Below is a note that includes his signature in bottom right corner..
   
  Below is an image from his Estate File that proves he is no longer alive by Dec 1862
   
  Below is an image I put together of the parcels of land recorded by the BLM for Henry Athey
   
  
  
  Where his homestead was exactly is a mystery. But according to one Brunson decendant I believe it would be somewhere close to where he registered land on Nov 01, 1858
  
  That square with the star in it looks like this upclose. Notice the Patsaliga Creek.
  
  A letter in the Crenshaw County News, written by one of David Brunson’s grandsons talks about several of the family members, and early residents of Pike/Crenshaw County. Source: “Obits and Abstracts 1910-1919, compiled by Joyce English 

   "My grandfather was first stuck on lands in Clark County on the Tom Bigbee River near Salt Springs, and after a while, he sold out to the Benbows & moved to Clark County. After my father was grown he came back to the Valley & married Elizabeth Jinkins and moved to Montgomery county four miles north of Pine Level. In 1852 he came back to the Valley and settled on the ridge that forms the Patsaliga Bluff that was, when I was five years old Precincts 8 and 9. This county was then an uninhabited territory . At that time Henry Athey and Walter Compton lived in between Mt. Ida and the Patsaliga, and a little lower down lived Daniel Plancy & his sons Job & Daniel then down at the Bluff, lived my uncles Ben and David Brunson, and out from the river were Umphrey Capps and Mr. Holiday, and down in the bend where H.W.Carnes now lives. Uncle V.A.T. Underwood lived."

  **The Benbow's and Compton's are mentioned in Henry's Estate File.
  
  Until next week,
  Becky Drake
  
  Please check out my SIL's blog over at Days of Our Lives

Heirlooms, Keepsakes and Memories

This week the prompt given by No Story Too

Small in the 52 Ancestors Challenge is 'Heirloom'....

I'm super excited about this post. I started by requesting on Facebook that any of my family that had any heirlooms please contact me. The response was wonderful! While some of the items may not have necessarily been passed down generation to generation, they definitely hold a great deal of sentiment for those who now own these treasures belonging to their ancestors.

I'll start with my mother's cousin (that's easier than saying my first cousin 1x removed) Tarona who sent me a picture of a very unusual item that belonged to her grandmother, my great grandmother, Zula Jane Acord Stepp. It is a four eyed bottle opener. A little research shows it was made in the 1940's by Wilton Co. Tarona shared that her mother, Jayne, remembered that Grandma Zula got it after she was married in 1946.

Tarona says:

"When I was really little it kinda scared me and then as I got older I couldn't wait to get a coke so I could use it! It was on the door jam in Grandma Zulie's kitchen......I wouldn't take a million dollars for it."

Another cousin of my mother, Debra,  has Grandma Zula's old Singer sewing machine from 1912

 

My grandmother, Reba, has and old cast iron tea kettle made by Bridgeford & Co, Louisville, KY, 1868.  It belonged to Grandma Zula's maternal grandmother Jane Conner Evans.



My Aunt Diane has the Bynum Family Bible printed in 1884. It was given to my 3rd great grandmother, Lou Emmer Reynolds, who married John Thomas Bynum, from her "Papa" 17 May 1885 when she was only 11 years old. She kept it and wrote in it her birthdate as well as the birthdate of her children. Diane also has my great grandmother Bondell Bynum Melson's thimble.

Another cousin of mine, Mike, has his grandmother, my great-grandmother, Myrtle Rutherford Jones' old WWII ration book:

I have a few treasures of my own and a few people to thank for them. I'll start with my Dad and Dawna who gifted me this past Christmas with my great grandmother Wille Belle Foster Nall's old canning funnel. Then my dad's cousin Angie who so graciously thought of me at the passing of my great grandmother and gathered up a box full of stuff that belonged to her and then made sure I got it. In it was this old standing mixer from Montgomery Ward dated 1963 complete with beaters and two mixing bowls, a serving bowl that still had Grandma's address label she used so that her dish would be returned to her when she brought food to the church potlucks and a decorative plate. The one with a solid round edge is hers. The plate that matches it belonged to my husband's grandmother - it has more pointy edges. I love that I have these two "matching" items from opposite sides of my daughter's family. I also have one of my most treasured items; one of the last Christmas gifts I ever received from Grandma Nall - a handwritten recipe for her chocolate gravy.









From my grandmother Winnie Sue Jones Nall (We called her Mammy), I have a cook book from our church - where she wrote me a sweet note on the worn out cover. It was a gift to me Christmas 2008.




And then there's my Uncle Mike and family who were kind enough to give me the family's old wood cook stove. I remember my Mammy and Grandma Nall cooking on it during a camp out we had in the field below Mammy's house one year. My grandpa, Charles Nall, brought in the big hay trucks for us to sleep on and in the morning we had biscuits, bacon, sausage, chocolate gravy, eggs and hot chocolate for breakfast. It was quite a treat! When I posted pictures of it on Facebook, my great Aunt Dena told me that the stove had originally belonged to her Dad, Rufus Nall, and that he bought it from Chicken Hollar in Farmington because he didn't like the way propane made his biscuits taste. He kept it on the back porch to cook his 'catheads'.

  

  

My Dad has his dad's old Bible. It has my grandfather's marriage date and the names of the witnesses and who married them. They were married by Charles' father Benjamin Rufus Nall and the witnesses were my grandmother Winnie Sue's brother, Edwin Jones and Charles' sister, Mildred (Dena). The handwriting belongs to my grandmother, Winnie Sue.  

  

  

My Great Aunt Peggy shared an heirloom she and my Uncle Dwight have. Dwight's dad, my great grandfather, Newell Stepp Sr. was a machinist in the Army in WW1. He made 5 ballpeen hammers while he was in the Army. He gave one to his commanding officers and brought the others home. A few years ago Dwight was visiting his cousin, Edna McDonald and she had one of the hammers that Newell made and gave to her Mother. She said she wanted Dwight to have the hammer, which he is very proud of. We don't know where the other 3 hammers are. They have Newell's serial number stamped on them, unfortunately its too faded to make out.

  

Another heirloom from my great grandmother, Willie Belle Foster Nall, now belongs to my dad's cousin Tracie. It is her old butter churn.

What family treasures do you and your family members have?

Until next week,
Becky 

Son, Husband, Father, Soldier, Teacher, Freemason and Justice of The Peace

The prompt set for this week by No Story Too Small is 'wedding'. The first story that came to mind was that of my great grandparents Rufus and Wille Belle Nall and how they were married in a car garage and then as soon as they said their "I dos" they went to slaughter hogs. But I've already written about them here.

I couldn't recall any other wedding stories so I put out a Facebook request to anyone who might suggest an ancestor for me to write about. My Aunt Diane suggested my 3rd great grandfather Francis Marion Melson. And I think he will fit the bill perfectly.

According to his Civil War service records, Francis Marion Melson was born in DeKalb County, AL on 31 July 1838, to Absalom Patton and Ferbia Melitia (Upton) Melson. Absalom Patton Melson was a member of the House of Representatives for the State of Arkansas.


Francis Marion was the oldest child, followed by a sister, Mahala Kathleen, then a brother James W, sister Jemima, brother Andrew Jackson, sister Sarah and the baby of the family, named after his father, Absalom Patton Jr.

According to a family history, compiled by Andrew Melson, the family made their way from near Rome, GA to Mobile, AL in 1852.  They were said to have traveled in a homemade covered wagon and a team of oxen. At Mobile, Absalom sold most all of his possessions and got on a boat to travel to the mouth of the Mississippi River then to the Arkansas River to Morrison Bluff Landing near Clarksville where they unloaded and traveled up into the mountains about 12 miles NW of Clarksville and settled on a tract of land about six miles west of Ozone, AR or one and half miles SW of what is now known as Log Gap Springs.

In their Civil War Service Records, Francis gave his place of birth as DeKalb, AL and his brother James W gave his place of birth as Floyd Co. GA. Looking at Formation maps of the two states during the time of their birth we can see that these counties are VERY close one another. Absalom gives his place of birth as Burke Co, NC.

On 27 Dec 1860, two days after Christmas, Francis Marion Melson married Mary Emmaline Kinnerly. She was the daughter of John P. and Lucinda (Harbour) Kinnerly.

On 20 February 1862, Mary gave birth to their first child, a daughter, Amanda Catherine. Nearly one year later, on 6 February 1863, Francis enlisted on the side of the Union into Co A, 2nd Regm't of the Arkansas Infantry along with his father, Absalom and brother James W, at Warren, Arkansas. They mustered in on December 7th at Ft. Smith. Absalom was discharged due to disability caused by old age 25 Oct 1864. From the Adjutant General's office there is a record dated 1867 where the charge of desertion is removed from Francis' file and replaced with 'absent without leave' from 25 September 1864 - 1 Dec 1864 . He "deserted" from Lewisburg, AR.  I wonder why he left or where he went? One record shows that he "joined from desertion" Dec 1/1864 Johnson Co. On March 3, 1864 it shows he was "reduced from sergeant to the ranks" no further information is given.

I suspect the answer to Francis' "desertion" and reduction in rank comes from the previously mentioned book, compiled by Andrew Melson. On page 38 it gives the sad story of Francis and Mary's second child, Lucinda Anglin born 6 Jan 1864.

James W. Melson could be called the undertaker. While his brother, Francis Marion Melson was away in the Civil War, he scouted during the night taking care of his family and his brother's family - Mary and two small children. One morning, just before daylight, he went about one mile down on Bear Branch to where Francis had settled before the war when he married. Jim found that his brother's baby, Lucinda, had died during the night. He split out boards and made a box for the baby. He put it on his shoulder, with a pick and a shovel, his rifle in the other arm, and walked about four miles up the head of Bear Branch Canyon and buried the baby the next night himself, out on the mountain in what is now known as Sherman Cemetery.

Lucinda died 6 Feb 1864. I wonder if the right brother was given credit for this story as James W. was enlisted and serving with his father and brother. In his records it actually shows him as "present" for Jan & Feb '64.  I suspect it to have actually been younger brother Andrew Jackson "Jack" Melson that did the scouting and buried the baby, as I have found a few **errors in this book. Jack would've been only 16 at the time of baby Lucinda's death. Between the death of his baby and the lawlessness that plagued Johnson County, I suspect Francis left Lewisburg and went back home to check on his family.

The best information I have been able to find about the roll of the 2nd Regm't Arkansas Infantry is as follows:

 

Organized at Springfield, Mo., and Fort Smith, Ark., October, 1863, to March, 1864. Organization completed at Fort Smith March 13, 1864. Attached to District of the Frontier, Dept. of Missouri, to January, 1864. District of the Frontier, 7th Army Corp., Dept. of Arkansas, January, 1864. 2nd Brigade, District of the Frontier, 7th Army Corps, to March, 1864. 1st Brigade, District of the Frontier, 7th Corps, to May, 1864. 2nd Brigade, 2nd Division, 7th Corps, to December, 1864. 1st Brigade, District of the Frontier, 7th corps, to February, 1865. 1st Brigade, 3rd Division, 7th Corps, to August, 1865.

SERVICE.--Skirmish at Clarksville December 15, 1863. Affair at Jacksonport, Ark., November 21, 1863. At Fort Smith until March, 1864. Steele's Expedition to Camden March 23-May 3. Prairie D'Ann April 9-12. Moscow April 13. Limestone Valley April 17 (Detachment). Jenkins' Ferry, Saline River, April 30. Duty at Little Rock until July and at Lewisburg until September. Ordered to Little Rock September 10, and duty there until October 18. Escort train to Fort Smith October- November. Moved to Clarksville December 31, and duty there and at Fort Smith until August. Mustered out August 8, 1865.

 

 

Francis' family lived in a notorious place for lawlessness during the Civil War. According to the 'Melson Book',  while Francis and most of the men were gone, Mary helped dig the first two graves in the Oark Cemetery and buried two men who had been found shot by bushwhackers in the road above Oark near a spring in 1863.

After returning home from the war, Francis is said to have taught the first term of school that was taught in Low Gap Township, Johnson County. The school house was a little log cabin about 200 yards north of Low Gap Springs.

Children born to Francis M. and Mary E. Melson after the war were:

Sarah Isabell b. 15 Sept 1865
William Robert b. 21 Dec 1867
Clerica Armindo b. 10 Dec 1869
Mary Elizabeth b. 20 July 1871
John Wesley b. 17 Jan 1874 and died 28 Sept 1875
Alabama b. 27 March 1876
Ida Lee b. 2 March 1878
Francis Elmer b. 9 Jan 1880 and died 10 May 1881
Columbus C. "Bud" b. 18 March 1882
Tennessee Easter b. 13 April 1884
Absalom b. 14 Oct 1886 d. 6 August 1887
Benjamin Harrison (my ancestor) b. 10 Sept 1889



 Back row: Columbus Melson, Benjamin Harrison Melson, Easter Tennessee 'Tennie' Melson. Sitting: Francis Marion Melson, Mary Melson holding grandson George Washington Campbell, whose mother, Amanda Catherine had died during childbirth.

Francis Marion also served as the Justice of the Peace in 1870, where he performed the marriage of his younger brother Andrew "Jack" Melson to Jane Heinsley on 22 Jan 1870. In going through the old marriage records I also found where he married Zecharia Cowen and Polina Wagers on 6 March 1870, as well as J T Sykes and Martha Ann Summers on 11 Sept 1870.

Francis Marion Melson was also a Freemason - as you can see from his headstone.

Francis can be found in the Abstracts from Masonic Records from the Grand Lodge of Arkansas, for the years 1873-1879, 1880-1883 & 1884-1886.

There is one more piece of lore I would like to add to the life story of Francis Marion Melson. My grandfather, Leroy Harrison Melson, has always told of a story involving treasure. Family lore says that during the war Francis discovered or somehow came into some gold and by the end of the war he had enough money to buy all of his children their own homestead. I haven't been able to find much else about this story... but in the mean time here's another Civil War hidden treasure story from not far off in Madison County.

**I want to address that I mean no disrespect in pointing out that the "Melson-Book; 1813-1973" has errors. In fact I have the utmost respect and appreciation for those who put these books together. Most were done before all the easily accessible information we have today. A lot of information that was given was done so by word of mouth and were taken from the memory of those most acquainted with the individuals documented. Mistakes happen. Memories fail. Even today with all the information that can be gathered, mistakes happen. So to Andrew Melson, I am extremely grateful.