Week 13 #52Ancestors: In the News

While researching Hannah Wolfe who is my second great-grandmother’s half-sister, I discovered a newspaper article on her second husband, C.C. Dalton, posted on many family trees and it claims that he is a member of the Dalton Gang.  Apparently, he was arrested in 1895 for the murder of Wiley Lakins alias Wiley Hipshire.  This murder took place on July 10, 1880 in Grainger County, Tennessee.

This article was published in many newspapers across the USA

By 1880, Hannah was living in the home of McHenry Bray, her half-brother, along with her daughter, Sarah, and son, Colby.  It is interesting that her marital status was “divorced” and she took back the Wolfe name and also changed the surname of Sarah and Colby to Wolfe. This intrigued me so I began looking for C.C. Dalton and couldn’t find him in 1880 so the information on other trees pointed me in the right direction.  The problem that I saw on the other trees was Hannah was listed as a “Mallicoat” so I wanted to research this couple a bit more to see if I had gotten off track. 

Perhaps the confusion with Hannah began with her marriage to her first husband, Claiborne Wolfe, as they shared the same surname.  Since there were many Wolfe lines in the area, I suspect that they were distant cousins.  Hannah and Claiborne had six small children when he died in 1865: Simeon, John James, Jesse, David Houston, S. Henry, and Claiborne Fielden.  In 1866 she married C.C. Dalton whose initials stand for Christopher Colby Dalton who was also known as “Christie.”  He was 17 years younger than Hannah when I reviewed their 1870 census in Grainger County, Tennessee.   She gave birth to four more children during this marriage: Hamilton P., William Jasper, Sarah Jane, and Colby.  

Where is C.C. Dalton in 1880? Hiding from the law or dead was my thought but other trees noted that he was in an Iowa prison in 1885.  That appears to be correct as he was listed on the Iowa Consecutive Registers of Convicts: Christopher Dalton from Guthrie County, Iowa who was incarcerated for the crime of assault to murder for a term of five years that began on March 24, 1885.  The record lists his nativity as Tennessee and he was discharged on June 11, 1889.

Was C.C. Dalton really connected to the infamous Dalton Gang?  I don’t think so as I recently discovered a series of newspaper articles that appeared in The Guthrian Newspaper in Iowa that were published 1885:

After seeing that his sanity was under question, I scoured the articles and found out he was also known as “Marmaduke” in the longer article.  What a name!  This article also mentioned a sister named Mrs. Kimball. I reviewed his siblings and discovered that he did have an older sister named Louisa who had married a Kemble and lived in Cass, Guthrie, Iowa.  Wow, Hannah really had her hands full with this husband!

It is amazing how the newspapers help document C.C. Dalton’s locations here and there because of his crimes.  I am sure, if I took the time to do more research, more articles could be found but I think there is enough evidence to see that his life probably didn't end well and it appears Hannah was not with him.  Now if it was only this easy to find Hannah as, after the 1880 census, her paper trail ends along with her two youngest children, Sarah and Colby.  I am curious how the other researchers came to the conclusion that her maiden name was “Mallicoat.”  

As a tribute to this relative, I end this story with a couple of sentences from the obituary of her son, David Houston Wolfe (thanks to Jack Coffee for posting this on Find A Grave).  “He often spoke of his mother who had gone on to Glory. The day before he died he said he could hear his mother calling “Come”.”  

Week 12 #52Ancestors: 12

“12” is the topic this week so naturally this led me to my 3x’s great-grandfather, Thomas Sutton. What is his connection with 12? Thomas was born on March 12, 1799 and died on April 12, 1891 according to the Cemetery entry published in Hancock County Tennessee and Its People, Volume II, 1994.  He has a solid paper trail beginning in Claiborne County, Tennessee in 1824 where 100 acres were purchased at the rate of twelve and a half cents per acre.  The surveyor’s record, previously discovered by Jim Lawson, shows that Drury and Reuben Lawson were the chain carriers for his land that was located on both sides of the Powell River.  Drury was the father of Thomas’ wife, Hannah, and Reuben was her brother.  

Copy provided to my father by Charlie Sutton's research in the 90's in conjunction with Jim Lawson

Thomas purchased another 100 acres from his brother-in-law, Thomas Lawson, on March 27, 1851, and he and Hannah would live out the rest of their lives in Claiborne County. Their religious affiliation was Baptist as they are found in the church minutes of the Thompson Settlement Church located in Lee County, Virginia in 1838 and then in 1845 on the membership list of the Rob Camp Baptist Church in Claiborne County, Tennessee.  Not much is known about Thomas and I have not discovered a picture of him but he was always enumerated on census records as being born in North Carolina.  Contrary to popular belief, I believe it was Caswell County, North Carolina rather than a Cherokee reservation. I will hold off on the North Carolina connection for another story.   

A deed was filed on May 12, 1870 for the transfer of his land to his daughters Matilda and Hannah, upon his death. I have often wondered what happened to the land.  Matilda would marry Hugh Montgomery and move to Saline County, Missouri by 1880 and Hannah’s paper trail disappears after 1870.  Thomas and his wife would outlive at six or more of their 10 children.  

Just last week I stumbled upon another document that appeared in the Court Minutes for Claiborne County on October 6, 1884.  I couldn’t believe what I was reading because Thomas was appointed as the “overseer of the Jonesville Road from Powells River to Hancock line.” I assume this is Jonesville in Lee County, Virginia and there is that connection once again to Lee County.  I would love to see a map for 1884 of that road. Amazing given that he would be 85 years old and not in the best of health as the 1880 census indicates he is deaf and crippled.

I can’t complete this without discussing Native American stories that abound in the Sutton and Lawson lines.  My father often said my Sutton ancestors were Cherokee and after doing a huge amount of research I see there is always some truth to the stories.  The origin to this widely shared belief for my paternal line probably began when the U.S. Court of Claims ruled in favor of the Eastern Cherokee tribe against the U.S. government on May 18, 1905.  This resulted in $1 million being appropriated to eligible individuals and families.  Here is a notice that appeared in many newspapers:

Published in The Topeka Daily Capital (Topeka, Kansas) on September 3, 1906

About four years ago, I stumbled across the applications of several family members, who descend from Drury Lawson’s line, and they were all denied.  These family members paid a fee to agents so they could apply for a share of this money.  I am sure many individuals didn’t understand this was intended for Cherokees who could prove they were part of or descended from the “Ross Party” who were in the forced removal to Indian Territory (this would later become the present state of Oklahoma) that began in 1838 and was known as the “Trail of Tears.”  In order to verify tribal enrollment and receive distribution of the funds, a list known as the Guion Miller Roll was created.  A few descendents of Thomas Sutton’s line and Drury Lawson’s line did leave east Tennessee for Arkansas and Oklahoma much later than 1838 but they weren’t forcibly removed.  We also have Native American cousins through a line that moved to Oklahoma. This was through my second great-uncle James Marshall Sutton who eventually moved to Park Hill, Oklahoma.   This town was the center of Cherokee culture for many years.  James’ son, Hubert, married Ada Rosser who was 1/4^thCherokee and she appears on the Cherokee rolls beginning in 1898.  So there you have it.  We do have connections to Cherokees.  By the way, I loved stumbling on the Eastern Cherokee application made by Thomas’ grandson, John, as he listed his mother’s parents so, even though the application was denied, it was a fantastic discovery that opened many doors in the family tree.

Library of Congress, Geography and Map Division

Old Thomas, as many like to call him, is buried in Hancock county, Tennessee in the Sutton-Manning Cemetery.  I visited this cemetery early one morning on my trip to Sneedville in 2013 to meet my Barnard kin and discuss the Sutton-Barnard family feud.  You could hear the creaking of trees and the chatter of animals and birds.  As I stood in awe on a narrow two-lane road, I decided to photograph the cemetery and was almost mowed over by a semi-truck!  I amused myself thinking it was a Barnard relative who was after another Sutton.

Sutton-Manning Cemetery in Hancock County, Tennessee

Week 11 #52Ancestors: Large Family

“Families are like branches on a tree. We grow in different directions, yet our roots remain as one.” Unknown

What is your definition of a large family?  My father had five siblings and my mother had seven siblings. I considered those large families until I started researching my ancestors and building my family tree.  Decisions, decisions…who to write about?  On this very windy March day in OKC, I have chosen Charley Smith Epperson and Laura Emeline Davis who are my second great-uncle and aunt. They also became fellow Okies. 

Charley Smith Epperson Clan

Charley and Laura had 13 children and all but one grew to adulthood.  The individuals in this photo were identified by Barbara Transue as: back row Left to right Lonnie Brownlo Epperson: Martha Jane (Epperson) Loukes. Jessie Willes (Epperson) Smith; Bessie Mae (Epperson) Reece; John Nelson Epperson; Front row is Paul Clayton Epperson; Shelby Kyle Epperson; Charley Smith Epperson; James Tyler Epperson; Laura Emeline (Davis) Epperson; Clenith Grant Epperson; Nellie Beulah (Epperson) Walden. My mother Anna Fay (Epperson) Richardson had not been born yet. Their children were all born in east Tennessee but the family would leave this land by 1925.

Charley and Laura Epperson's home in Tazewell, Tennessee

I discovered an interesting story about Charley and Laura’s family on MyHeritage years ago and, unfortunately, didn’t record the name of the author.  Perhaps it was fellow researcher Barbara Transue who wrote this summary:  

He owned and operated a general store in Mooresburg, Tennessee until 1923 and removed by train to Monroe, Michigan. The conductor of the train made the comment that this was the first time he had seen such a large family making a move by train.  After arriving at Monroe, Michigan they operated a boarding house until 1925.  After receiving a letter from a member of his relation (nephew) that lived in Oklahoma. He and his family removed to Oklahoma, again traveling by train. He settled in Okemah, Oklahoma where he was engaged in farming and drilling water wells until 1936.  They removed to Ponca City, Oklahoma until his death.  

Laura Davis Epperson and unknown child

Another treasure that was inherited by Susie Kelley Clarke was a letter from Charley to my great-grandparents Noah and Allie Sutton:

Oct. 21^st1935

Okemah, Okla.

Mrs. Aley & Noah Sutton.  Dear Brother & Sister ans to yours received a few days ago found us all still going.  Hope you all are better by naugh you seam to have plenty of rain down thare & you seam not to make mutch cotton.  Cotton is awful sorry over hear.  I wont make mutch more than one bale not mutch corn & lots of high gear it is shure good – 20 or 30 akers.  Say Noah I liked to of come over thare last week to see bout that place of Parkers.  Noah I want you to rite me rite back & explain to me a bout this land & how mutch money he wants to turn it over to me & wheather you think the are any thing to it or not if you think it would bea a good deal or not, if it isn’t a good deal & don’t want to fool with it for it is shure easley to tare up & move, if I understand this rite he has got 90 akers in one place & 190 in a nouther & they are so mutch a gants it & so long to pay it out.  Money is shure hard to get over hear.  Tell me how mutch is in cultivation & how mutch in grass & timber that sort of improvements on it.  Take your time & give me this in a plain way so I can under stand it. I want to noe all a bout it & after you tell me & I think they are a bargain in it & will come rite over.  So rite me rite back, I am ancious to see you all any way.  Love to you all,

Your brother C.S. Epperson

Charley Epperson (photo posted on the Epperson Facebook page hosted by Pam Epperson)

Since we know that Charley moved his family to Ponca City, it looks as though he did not buy the land near Noah and Allie.  However, he may have traveled to see Noah and Allie to pay his respects as they lost their son, Lewis (my grandfather), on November 19, 1935.  He died in an oil field accident near Seminole, Oklahoma. His body was taken back to Fannin County, Texas where he was buried in Bonham, Texas.

Charley Smith Epperson and Laura Emeline Davis

Charley and Laura are buried in the Odds Fellow Cemetery in Ponca City, Oklahoma along with many family members.  Anytime I meet an Epperson in Oklahoma, I have to ask about their ancestry as I just know there is a good chance they might be kin.

Week 10 #52Ancestors: Bachelor Uncle

Meet “Uncle Jack” who is the youngest son of Noah and Allie Sutton.  He is actually my great-uncle whose birth name is Alva Leonard Sutton.  Jack was a bit of an enigma given that his nickname is not a substitute for his proper name and despite his good looks he never married.

By the time Jack was born in 1906, his oldest sister Malissa was 18 years old.  She had married the previous year and given birth to his niece, Zola Mae, about four months prior to his birth.  Jack was also close in age to Malissa’s other children as he was two years older than her daughter, Ethel, and seven years older than her son, Ray. There were about 80 first cousins between the Sutton-Epperson lines but they all lived out-of-state primarily in Arkansas and Tennessee.  I wonder how many playmates lived nearby other than his sister, Jessie.

Old unlabeled photo but could be Jack Sutton with nieces, Zola Mae and Ethel Henderson taken c1911

I doubt Jack knew much about his Tennessee roots other than the stories passed onto him.  The family farm in Lamasco, Fannin Co., Texas was his home and employer.  Trips away from the farm were generally related to farming business and those trips would be taken with a neighbor or relative.  The reason for this is it appears Jack never learned to drive anything other than a tractor.  How many people do you know who were born in the 20^thcentury and died in 1988 and did not drive?  Perhaps he was too frugal to purchase a vehicle or he just didn’t see the point of owning something he would rarely use.

I wish I knew more about him but I can say that he worked hard as we often found him out on the farm when we visited.  Jack loved his hound dogs and often took them squirrel hunting.  My sister, Cheryl, went along on a hunt and remembers seeing the hounds attempt to climb a tree to retrieve a squirrel that had fallen in a tree’s crevice upon being shot.

Another unknown photo that is most likely Jack

Many people would describe Jack as a bit shy but perhaps he became this way later on in life. Family photos show him with friends and he looked dapper.  

Jack Sutton and Ruby Moor

Jack was very close to his parents given that he remained with them until their deaths. Allie would die of pneumonia in 1936 at the age of 67 just three months after the death of his brother, Lewis (my grandfather).  In review of the 1940 census, Jack is still single and living with his father, Noah. I noticed that the highest grade he attended was 6^thgrade while Noah’s highest grade level attained was the first year of high school. I wonder why he didn’t go further in school but, in review of his siblings’ education level, it appears that none of them were as educated as Noah.  By 1954, Jack would lose his 89-year-old father, Noah, from heart failure.  He remained on the farm until his death in 1988.    

Ethel and Zola Mae Henderson with Jack, Allie and Noah Sutton

Pete Henderson, Noah Sutton, Laura Sutton Todd, Jack Sutton, Jessie Sutton Kelley, unknown man, possibly Malissa Sutton Henderson

Noah Sutton, Jessie Sutton Kelley, JC Kelley, Jack Sutton, Palmer Ray Kelley, and Susie Kelley Clarke

Uncle Jack and Paul "PJ" Sutton

According to Jack’s obituary, he attended the Lamasco Baptist church and I think he was often invited to have dinner by church members.  In fact, I recall a visit to the farm when Dad couldn’t find him.  He arrived a couple of hours later and we learned he was returning from dinner with a friend. My mother asked him if he had been out with his girlfriend and he giggled.  Perhaps he did have a special friend.

Week 9 #52Ancestors: At the Courthouse

Delving into courthouse records has been worth the eye strain as I read through microfilmed documents from the 1800’s.  I often struggle to figure out the cursive handwritten words and the meaning of the legalese. There is even a term for the study of old handwriting – palaeography.  I have stumbled across land disputes, probate records, criminal trials, and divorces on my various ancestors.   These records have helped in resolving mysteries in the family tree.

The Court Clerk for Hancock County, Tennessee replied to my letter several years ago and stated that records prior to 1930 didn't exist due to two court house burnings.  For many years I believed this and thought resources would only be family stories, U.S. censuses or perhaps newspaper articles.  I was amazed to discover that some court records do indeed exist for Hancock County.  How did I get access to the court documents?  Familysearch.org has a catalog that has many court documents for Hancock County, Tennessee and I can access these records from the comfort of my home while drinking coffee and lounging in my pjs.  A recent discovery, in the Hancock County, Tennessee Chancery Court records, provided me with James Nelson Epperson’s probate documents.  This has provided more information about his estate and the children's inheritance.  I have always assumed that he died intestate but this was not the case.

James Nelson Epperson

This is yet another large photo that hung in the home of my great-grandparents, Noah and Allie Sutton.  I often wonder why a photo of Nelson survived but not one of his wife, Martha Barnard.  Was it destroyed or perhaps just didn't get passed on the recent descendants?  Perhaps a photo was not taken of her?  It is sad because I would love to see her. James Nelson Epperson is my 2x’s great-grandfather and I always thought he looked rather sophisticated and was surprised to see farming as his occupation.  Newspaper accounts of the deaths of Nelson and his wife, Martha Barnard, describe him as a well-to-do farmer.  He was born in Grainger County, Tennessee to John Calvin Epperson and Phanny Ogan.  At the time of their deaths in December 1878, Nelson was 53 and Martha was 43 years old and he owned at least 400 acres of land in the 7^th Civil District of Hancock County.  

Nelson may have imbibed too much the evening before his death as a witness stated, in other documents, that he came home drunk and was abusive to his wife.  There were references to a son tending a still so perhaps it was owned by Nelson.  At any rate, the following day would result in great loss. It appears that tempers flared between two sons, John and Thomas, after the discovery that Nelson had been stabbed by John.  A struggle over a gun between the brothers led to the death of their mother, Martha.  Their sister, Gracy, was also injured and died of her wounds a few days later.  Nelson succumbed to his wounds perhaps the same day or following day.  They are buried on the family farm that has been visited by many family members such as fellow researcher, Barbara Transue, but this past year was my turn to make the journey along with my third cousin, Pam Epperson.  

JN Epperson land map c. 1880

Me at Epperson graves October 2018

Pam Epperson at Epperson graves October 2018

The probate documents do not include the will but it does summarize its contents.  Here is an extract from the probate which has many pages:

“To the Hon. H. C. Smith Chancellor re holding the Chancery court at Sneedville, Tenn.

Humbly complaining your Orator John Clarke a citizen of Claiborne County, Tennessee respectfully shows to the court that on or about the 11^thday of December 1878 one J. N. Epperson departed this life in Hancock County, Tenn. Having first made and published a last will and testament which was duly proven and recorded by the county court of said last named county at its January Term 1879.  By your Orator was the Executor named in said will he qualified as such at the same term of the court year bond and entered upon the duties of his trust. 

As such Executor he advertised and sold all the personal estate left by his Testator (except what was exempt by law) on the 25^thof January 1879 when the same brought the sum of one hundred & fifty dollars.  Most of it was sold on a credit of twelve months but your Orator is willing to account for the entire proceeds of the sale although a portion of it still remains uncollected. 

In addition to this said Testator owned certain choses in action as follows to wit: A note on Peter Ogan on which there remained a balance due of $36.00 which he paid to your Orator.  2.  There was a small balance due from one James Bull on a deed of trust in which said Ogan was Trustee accounting to sixteen dollars ($16.00) which said Trustee collected and paid to your Orator.

3. He also held two notes on one John M. Sawyers and W. C. Henderson security: one for $300.00 dated Dec. 29^th1876 and due January 15^th1878 and the other for $150.00 executed same day and due January 15^th1879.  These notes were given for a lot of land in Rutledge, Tennessee sold to said Sawyers by Epperson in his lifetime.  These notes are in litigation in the Chancery court at Rutledge, the said Sawyers claiming that there is a total or partial failure of the consideration proving out of the sale of said lot so that it is uncertain at this time how much if anything your Orator will realize therefrom.

He left a few other small notes but they are utterly worthless as the parties who owe them are insolvent.  The amounts are very small and would not justify the expense of suits for their collection.

Your Orator further shows unto you that said Epperson was considera (missing)

Orator should realize the full amount due on the Sawyers & Henderson notes.

Your Orator further shows unto your Honor that of the 150$ realized from the sale of the personal property the county court allowed to the minor children of the Testator the sum of $12.00 toward their years support which he has paid.  He has paid on taxes on the real estate for the year 1878, $11.90. For coffin $3.00.  Expenses for probate of will, letters testamentary and commission, for allotting years support $16.00.  For gathering and hauling i.e. the crop of corn on the farm in the year 1878 – about $4.60.

With the exception of a small sum the balance of said $150.00 still remains uncollected but your Orator is willing to pay out the same in discharge of bona fide debts against the estate whenever he collects the same.

Your Orator further shows unto your Honor that said J.N. Epperson died seized in fee of a large and valuable tract of land situated in the 7^thCivil District of Hancock County adjoining the lands of John Clark, S. Bray, Nancy Helton, Elijah Vanoy, & others on the waters of Clinch river and north thereof containing about four hundred acres more or less which by his said will he devised to seven of his children viz: Thomas, Nancy, Mary, James, Ally, Charles and Brownlow Epperson to whom the legal title thus descended.  He left no widow she having died in the lifetime of the Testator but he left surviving him two other children viz. John and George Epperson. After the death of said J.N. Epperson, his daughter, said Nancy, who was a devisee under the will died intestate unmarried and without issue so that her undivided one seventh interest in said tract of land descended to her said eight brothers and sisters as tenants in common.  All of said children except John & George Epperson are minors under the age of twenty one years without a regular guardian and the said Mary, James, Ally, Charlie & Brownlow Epperson are under fifteen years of age and they are now and were at the time of the death of their father living upon said tract of land and make it their home.  So that your Orator submits the question to your Honor as to whether or not they are entitled to a homestead therein to the extent of one thousand dollars in value under the constitution and statutes of Tennessee as against creditors.

Said Testator also owned an undivided half of a tract of land containing fifty acres more or less in the same civil district and county adjoining the lands of Elijah Vanoy, Nancy Helton and the tract first above described which he devised to the same children above named and the title to it has descended in the same manner.

Complainant expressly charges that the personal assets of said estate has been and will be exhausted in the payment of debts in the legal sense and that after the same is so exhausted there still remains outstanding bona fide debts of the estate to meet and provide for the payment of which it will be necessary to sell real estate.

The premises considered your Orator pray that the said children and devisees and heirs at law all of whom reside in Hancock County be made defendants to this bill and required to answer according to the practice of the court that process issue i.e. That a guardian ad litem be appointed for said minor defendants who shall answer for them.

He prays that an account to be ordered and taken to show the available personal assets of the estate and its debts & liabilities.

And upon the hearing he prays for a sale of so much of said real estate as may be necessary to pay off the indebtedness of said estate in full.

And he prays for general relief.

McDermott Kyle & Williams

State of Tennessee, Hancock County

Personally appeared John Clarke the petitioner in the foregoing bill who made oath in due form of law that the facts therein stated are true to the best of his knowledge information & belief.

John Clark

Sworn to & subscribed before and this 21^stday of January 1880.  H. Tyler C&M

Family researchers can learn a bit about the lives of ancestors when resorting to county court records.  The court documents regarding this tragedy speak the truth whereas the newspaper articles I previously discovered were written to sell a story.  Why would I want to publish this tragedy?  As a researcher, my motto is don't be critical of the dark stories you may find in your tree:  

"If you cannot get rid of the family skeleton, you may as well make it dance." George Bernard Shaw