Week 48 #52Ancestors: Thief

Like a thief in the night
You have taken it all
And I awake
Grieving for what is gone,
Frightened for tomorrow's loss.
--Helen Wilby

Thief was a prompt that brought to mind death and especially the crime of murder.  An old newspaper article shared on the Hancock County Chat Facebook Group became the focus for this topic.  Although many old newspaper articles are posted to the Group, little discussion takes place but given that Lee County, Virginia was the former home of my 3rd great-grandparents, Thomas Sutton and Hannah Lawson, I decided to investigate the story.

Published on 24 Nov 1897 in The Morristown Gazette (Morristown, Tennessee).

The article smelled of a tabloid driven news story. First, the writer states those involved were cousins then later writes that Nat swore to kill his uncle -- really? Was "Nat" truly being brought to trial for stealing some brandy from "A. J." or was the writer too lazy to research the cause so made up a storyline thought to be a bit more sensational?  Logging into Newspapers.com, I discovered more articles that helped in the identification of the defendant in this case and thus "Nat" becomes  "J. M.".

Published on 3 Aug 1898 in The Norfolk Landmark (Norfolk, Virginia)

Another article names the defendant "Mot".

Source: Newspapers.com

One last article with the killer's name as "Matt" and victim's name as "Andy".

Source: Newspapers.com

Reviewing my Ancestry tree led me to Thomas and Hannah's youngest son, Thomas.  He died in Claiborne County, Virginia in 1860 at the age of 24 leaving his widow, Matilda Sutton nee Brown, and two young children.  Matilda moved the family back to Lee County, Virginia where her father and other family members lived.  The couple's son, George Washington Sutton would marry Rachel Emily Ball in 1874 and raise his family (nine children) in Rose Hill, Lee, Virginia.  Their first child was a son born in 1875 named John Matthew Sutton.  John would only be enumerated with his parents on the 1880 census.  The 1900 census revealed that his home was the Virginia Penitentiary in Richmond County and he was a prisoner so he is my suspect.

So who was A. J. Sutton?   My tree contains a few Andrew J. Suttons.  Two descend from my 3rd great-grandfather Thomas Sutton's brother Bailey Sutton.  Bailey's son Andrew Jackson Sutton moved to Missouri and then Kansas long before the death of this A. J. Sutton.  Bailey's son John Sutton married  Sarah Pridemore and named a son Andrew Sutton.  This couple and their children resided in Lee County, Virginia for many years before moving to District 5, Claiborne County, Tennessee.  Lee County is on the northeast border of Claiborne County so this individual is a likely suspect.

Enhanced area: Rose Hill and Ewing, Lee Co., VA and Alanthus Hill, Claiborne Co., TN.  Source: theleecountystory.com.

Andrew Sutton was born about 1850 in Lee County, Virginia and married Martha E. Williams in the year 1872 in Claiborne County, Tennessee so he was much older than John Matthew.  In fact, he was close in age to John's father George Washington Sutton.  John and Andrew were first cousins twice removed so the one newspaper article that mentioned they were cousins then stated that A.J. was John's uncle had some truth to it as they were related!

What would cause this rift between these cousins?  Criminal court records aren't available online for Lee County but I did stumble across some chancery court records available through The Library of Virginia.  Given that one of the articles mentioned that A.J. Sutton was going to court to testify against John Matthew Sutton, I hoped that something might appear in the chancery records and indeed I did discovered a connection!

1898-018 Chancery Causes. Adm of Chadwell Brittain vs G.W. Sutton &c

The above summons is dated May 5, 1897 commanding A.J. Sutton, G.W. Sutton, Dock Sutton, etc. to appear at the Clerk's office of the Circuit Court of Lee County, Virginia.  A review of these names in the Ancestry tree reveals that A.J. Sutton and Dock Sutton were brothers who resided in Claiborne County, Tennessee and G.W. Sutton who resided in Lee County, Virginia was related to the brothers as a second cousin.  My thought is this case must have something to do with the murder of A. J. Sutton given the summons were five months before his death.  Now to find out more details about this lawsuit.

In review of the paperwork, it appears that G.W. Sutton took out a note from Ball & Snavely on February 9, 1895 in the amount of $25.00 at 6% interest and another on November 5, 1896 in the amount of $100.00 at 6% interest.  The same day a deed was recorded:

This deed made this 5th day of November, 1896, between G.W. Sutton of the first part, and B.F. Kincaid, trustee for the benefit of M.S. Ball and G.I. Snavely of the second part all of the County of Lee and State of Virginia.  Witnesseth that the said G.W. Sutton being justly indebted to the said Vall and Snavely in the sum of one hundred and twenty-five dollars $125.00 for which sum of money I have this day executed my note to the said Ball and Snavely due one day after the date thereof and the said G.W. Sutton being willing and desirous to secure to the said Ball and Snavely the payment of the said sum of money with the accrueing interest thereon until paid and for that purpose the said G.W. Sutton by these presents does bargain sell and convey and confirm unto the said B.F. Kincaid trustee for the benefit of the said Ball and Snavely all of a certain tract or parcel of land lying and being in the County of Lee and State of Virginia and on the South fork of the Lick Branch and adjoining the lands of Moses Callihan, E.M. Williams, A.C. Yeary, and W.R. Brown and containing about 43 acres. To have and to hold above described land together with all its apppurteances thereto belonging unto the said B.F. Kincaid and his heirs forever.  And the said G.W. Sutton covenants that he has goo right to convey and title to the above described land and that the said land is not encumbered in any way and that he will warrant generally the title to the above described land in trust nevertheless if said G.W. Sutton shall pay or cause to be paid sum of money to said Ball and Snavely then and in that event this deed is to be void and of no benefit.  But if the said sum of $125.00 dollars is not paid within twelve months from the date of this instrument then and in that event the said B.F. Kincaid as soon after the said twelve months as he shall be required to do so shall have full and complete authority is hereby given him to sell so much or all of said land hereby conveyed to to him, for cash in hand, as be sufficient to satisfy said debt, interest and costs for recording said deed of trust.  Witness the following signature and seal, the day and date first above written. 
G.W. Sutton his X mark {Seal}
Virginia, Lee County to wit:
I, M.C. Brooks, a Justice of the Peace in and for the State and County aforesaid, Do certify G.W. Sutton whose name is assigned to the writing above bearing date on the 5th day of November 1896, has acknowledged the same before me in my county aforesaid. Given under my hand this 5th day of November 1896.
M.C. Brooks, J.P.
Virginia, Lee County to wit:
In the said Office of the Clerk of said County, the 27th day of November 1896, this deed was presented and together with the certificate thereto annexed, admitted to record.
Teste: S.V.F. Richmond, Clerk
Virginia, Lee County to wit:
I S.V.F. Richmond, Clerk of the County Court for said County, do certify that the foregoing is a true transcript from the records in my office.  Given under my hand this 13th day of May 1897.
S.V.F. Richmond, Clerk

Unfortunately, the documents are out of order and that is confusing since the link as to why A.J. and Dock Sutton are involved is buried but then I finally found information in the following court document:

Commonwealth of Virginia Lee County To Wit
To N.S. Jennings D.S. of said County I command you in the name Commonwealth of Virginia that of the goods and chattles of  A.J. & G.W. Sutton & Dock in your district you cause to be made the sum of $50.24 with interest thereon from 1st day of Jan 1895 till paid which C.E. Flanary, Adm of Chadwell Britton deseast has recovered before me in a warrant in debt and also the sum of $1.00 which were adjudged to the said C.E. Flanary for his costs in prosecuting his said warrant given under my hand this the 1st day of February 1897.
C.Y. Campbell J.T.

Going through the documents, I did not discover why the money was owed to Chadwell Britton's estate but I suspect there was some tension between these Suttons after I read the following court document:

In the Circuit Court of for Lee County:
To the Honorable W.T. Miller, Judge of said Court:
Humbly complaining, your orator, C.E. Flanary, Administrator of the estate of Chadwell Brittain, deceased, would respectfully represent and show unto your honor,
That on the 22nd day of January 1897 a judgment was rendered in his favor against A.J. Sutton, G.W. Sutton and Dock Sutton for the sum of $50.24 with interest thereon from the 1st day of January 1895, until payment, and $1.00 costs, which will fully appear from a copy of said judgment herewith filed as part of hereof marked "Exhibit 1", no part of which judgment has ever been paid.
That execution was issued on said judgment by C.Y. Campbell, the justice who rendered said judgment, and placed in the hands of N.S. Jennings, D.S. for collection, who are on the 27th day of Feby. 1897 make his return, "no property found", which will more fully appear by reference to said execution and the return thereon which is herewith filed as a part hereof marked "Exhibit 2", 
That on the 29th day of March 1897, the said judgment was duly docketed in the Office of the Clerk of the County Court of said County, in Judgment Lieu Docket No. 3 page 156, as will fully appear by reference to a transcript therefrom herewith filed as a part hereof marked "Exhibit No. 3".
Now your orator is advised that his said judgment aforesaid constitutes a lien upon any and all real estate which the said A.J. Sutton, G.W. Sutton and Dock Sutton, or either of them own in Lee County, Virginia.
Your orator alleges that the said A.J. Sutton does not own any real estate in said County and that Dock Sutton is a non-resident of the State of Virginia, and does not own any real estate in said county; but G.W. Sutton is the owner of a tract of land containing some 42 or 43 acres situated in said County of Lee in Rose Hill Magisterial District on the South Fork of the Lick branch, adjoining the lands of Moses Callihan, E.M. Williams, A.C. Yeary and W.R. Brown.
Your orator will further show your honor that, by deed bearing date, the 5th day of November 1896, the said G.W. Sutton conveyed the said tract of land to B.F. Kincaid, Trustee, to secure M.S. Ball and G. I. Snavely the payment of a note or bond for $125.00 with interest from the 6th day of May 1896 until payment and the costs of recording said deed.  A copy of said deed is herewith filed as a part of this bill marked "Exhibit No. 4".
Your orator alleges that there are no other liens affecting said lands of G.W. Sutton and that the same will not rent in five years for a sum sufficient to pay off and discharge said deed of trust and your orator's judgment.
Now, the object of this bill is to enforce the lien of your orator's judgment against said tract of land and to subject the same to the payment thereof; and, being without remedy at law, he prays your honor's court of chancery to take cognizance of his cause and grant him the proper relief.  To attain this end and object your orator prays that A.J. Sutton, G.W. Sutton, Dock Sutton, B.F. Kincaid, Trustee, M.S. Ball and G.I. Snavely be made the parties defendant to this bill; that they be required to answer the same, but not under oath, that being waived; that the said M.S. Ball and G.I. Snavely answer especially how much, if anything, is still due them on said trust deed or the note or bond secured thereby; and that all such other full and general relief may be granted as his cause merits, and he will ever pray &c. May ___ issue &c, directed &c.
L.T. Hyatt, p.q.

My assumption is John Matthew Sutton may have harbored some anger toward A.J. Sutton and Dock Sutton since his father, G.W. Sutton, lost money and property in this lawsuit.  It looks like John took the opportunity to kill A.J. Sutton when he was going to court during the November dates.  The lawsuit continued on despite his death.  Until I can access the archived criminal court record then this is how this story will end but I strongly suspect it is tied to this chancery court case.

“Starting a business with brother either ends business or ends brotherhood.”― Amit Kalantri