Smiths of Ray City

Thomas Jefferson Smith (1864-1946)

Ray City home of Thomas Jefferson Smith and Elizabeth "Lizzie" Sirmans Smith, formerly located on the southeast corner of Main Street and Swindle Street, Ray City, GA

Ray City home of Thomas Jefferson Smith and Elizabeth “Lizzie” Sirmans Smith, formerly located on the southeast corner of Main Street and Swindle Street, Ray City, GA

 

Ray City Home of Tom and Lizzie Smith, front elevation faced Swindle Street. This home was demolished about 2010 to make way for the construction of the Ray City Church of God, and Swindle Street has since been abandoned.

Ray City Home of Tom and Lizzie Smith, front elevation faced Swindle Street. This home was demolished about 2010 to make way for the construction of the Ray City Church of God, and Swindle Street has since been abandoned.

Thomas Jefferson Smith and his second wife, Elizabeth Mahaley “Lizzie” Smith lived in this house in Ray City, GA in the 1940s. Before its demolition in 2010, this house was sometimes called the “Murder House” by local residents. It was the home of an elderly woman who was murdered in a home invasion. She was killed with a cast iron skillet. No one was ever convicted of the crime.

 

Thomas Jefferson Smith grew up in the 1157 Georgia Militia District of Berrien County, GA. He was a son of George and Amanda Smith. He married Jennette P. Shaw on August 17, 1884, in a ceremony performed by Lott W. Sirmans, Notary Public. She was born in 1869, a daughter of Elizabeth Parker and Richard James Shaw, and sister of Rachel J. Shaw. The Smiths lived for a while in the Connell’s Mill District west of Ray City, on the Cecil & Milltown Road where they were neighbors of Botie Peters, Caulie Augustus Devane, Arren Fountain, and Remer Albritton.

  1. Caulie Columbus Smith, 1885–1968, married Marietta Bass, daughter of Joe Bass
  2. James Mansfield Smith, born September 19, 1887; attended Kings Chapel School; married Zonie L. Wooten, December 1, 1911; died October 18, 1957; burial Pleasant Cemetery near Ray City, GA
  3. Verdie Belle Smith, born October 13, 1889; married Alvin Lee Ray, January 25, 1908; died October 29, 1981; buried New Ramah Cemetery, Ray City, GA
  4. Viola Anne Smith, born 1892; married William U. Davis, January 10, 1915.
  5. Lonnie William Smith, born 1895; WWI Service in SC; married Sudie Green about 1920; relocated to South Carolina; died September 25, 1949; buried Pleasant Cemetery near Ray City, GA
  6. Leila Smith, born about 1897; married Charlie Lamar Ray; died 1924; buried Pleasant Cemetery near Ray City, GA
  7. Georgia Edna Smith, born December 28, 1898; first wife of Rossie Futch, married December 22, 1918; died December 17, 1942; buried Pleasant Cemetery near Ray City, GA
  8. Charlie Thomas Smith, born January 7, 1901; married Thelma ?; died October 21, 1945; buried Pleasant Cemetery near Ray City, GA
  9. Owen Newton Smith, born October 16, 1904; died July 29, 1975
  10.  Pauline Smith, born about 1908
  11. Margaret Myrtle Smith, born about 1911

The Smith children attended King’s Chapel School.  Sometime before 1920 the family moved to the Cat Creek District, to a farm on the “Ray City & Valdosta Road by Cat Creek.”

Jeanette P. Shaw died July 8, 1922, at the age of 53. She was buried at Pleasant Cemetery, west of Ray City, GA.

On May 3, 1924, Tom Smith married Elizabeth Mahaley “Lizzie” Sirmans in a ceremony performed by Lyman Franklin Giddens.  She was the 32-year-old daughter of Shabatha Fender and Frank John Sirmans,

In 1930, Lizzie and Tom Smith lived in a house on Pauline Street across from Beaver Dam cemetery. This house was the residence of William Creech and family in the 1940s. By the time of the 1940 census the Smiths had moved up the block to a small house on the corner of Swindle and Main Street.

Ray City, GA map detail showing location of 1930-1940s residences of Thomas and Lizzie Smith.

Ray City, GA map detail showing location of 1930-1940s residences of Thomas and Lizzie Smith.

 

Thomas J. Smith died in 1946. He was buried at Pleasant Cemetery next to his first wife.

Graves of Jeanette P. Shaw and Thomas J. Smith, Pleasant Cemetery, near Ray City, GA

Graves of Jeanette P. Shaw and Thomas J. Smith, Pleasant Cemetery, near Ray City, GA. Image source: Searcher

Elizabeth S. “Lizzie” Smith died December 30, 1967. She was buried at Fender Cemetery, near Lakeland, GA.

Grave of Elizabeth S. Smith. Fender Cemetery, near Lakeland, GA

Grave of Elizabeth S. Smith. Fender Cemetery, near Lakeland, GA. Image source: Hether Pearson Pillman Belusky

 

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King’s Chapel School

King’s Chapel Football, 1905

 

In 1850, Levi J. Knight Opposed Secession

 

 Reynolds's Political Map of the United States Designed to Exhibit the Comparative Area of the Free and Slave States and the Territory open to Slavery or Freedom by the Repeal of the Missouri Compromise with a Comparison of the Principal Statistics of the Free and Slave States, from the Census of 1850


Reynolds’s Political Map of the United States Designed to Exhibit the Comparative Area of the Free and Slave States and the Territory open to Slavery or Freedom by the Repeal of the Missouri Compromise with a Comparison of the Principal Statistics of the Free and Slave States, from the Census of 1850

In 1850 Levi J. Knight opposed secession. Knight, who was a Whig in politics, in 1834 had been a leader in the effort to form a State Rights Association at Franklinville, GA, along with William A. Knight, Hamilton W. SharpeJohn Blackshear, John McLean, John E. Tucker, William Smith and others. Lowndes, at that time included most of present-day Berrien County, as well as the community settled by Wiregrass pioneer Levi J. Knight which would later become known as Ray City, GA.  In 1835 on Independence Day Knight toasted States Rights at Franklinville, then the government seat of Lowndes County.  In 1836, Lowndes County moved the county seat to Troupville, named in honor of “the great apostle of state rights,” Governor George M. Troup.

An ardent advocate for State Rights, Knight was still opposed to secession in 1850. But on this issue in Lowndes County, his was a dissenting voice. It was a turbulent time in Georgia politics.  In the U.S. Congress, Henry Clay had engineered the Compromise of 1850. Its provisions were these: to admit California without slavery; to permit New Mexico and Utah to settle the question for themselves; to abolish slavery in the District of Columbia; and to re-enact a law compelling the return of escaped slaves…  Georgia’s entire delegation supported the compromise, whigs and democrats uniting. But the secessional fires kindled in Georgia…. were still crackling…

A state convention was called in Georgia to consider the impact on the state’s federal relations. Every county was to elect representatives to this convention. In Lowndes County, the pro-Union candidates were Levi J. Knight and Mills M. Brinson. The pro-secession candidates were William L. Morgan and Dr. William Ashley. All four of the candidates were slave owners.

  • Mills M. Brinson (1812-, prominent planter of Lowndes County; member Salem Primitive Baptist Church; pro-Union Democrat; Chairman, Democratic Party of Lowndes County, 1848; in 1850, owner of 24 enslaved people.
  • General Levi J. Knight (1803-1870), state assemblyman; planter; Indian fighter; member of Union Primitive Baptist Church; in 1850, owner of 6 enslaved people, father-in-law of Thomas M. Ray,; organizer of the Berrien Minute Men, 29th Georgia Regiment.
  • William L. Morgan, Esq. (1811-1862), attorney; resident of Troupville, GA; 1st Lieutenant, Lowndes Hussars, 81st Georgia Regiment, 1848; pro-secession Democrat; in 1850, owner of 7 enslaved people.
  • Dr. William Ashley, (1824-1863); physician and planter; resident of Troupville, GA; pro-secession; in 1850, owner of 5 enslaved people.

A local history item in the Clinch County News recounted the election of delegates, and the state convention:

Clinch County News
August 2, 1929

Anti-bellum Politics

        Away back in 1849 when California was admitted as a state by Congress, politics seethed and Southern senators thundered forth against the motion. The average book you pick up does not deal with the situation except from a national viewpoint. Few people now living, know that Georgia came near seceding from the Union in 1850. It was due to the level-headedness and cool-headedness of certain state leaders that things were kept in check. The Whig party which was beginning to crumble slowly, used its influence against disunion, and they were aided by some Democratic leaders though most of the Democrats were crying for secession.
       The admission of California as a state was viewed by most Georgia people as simply taking land or territory owned by all alike, slaveholders and non-slaveholders, and then excluding slaveholders from moving there with their slaves, and then admitting it as a state. Our people viewed it further, that it was unfair to other states to take territory that was bought and paid for and set it up as a state equal with other sovereign states; that such territory should never be anything other than property held in common, subject to territorial supervision and management by the United States government; and Georgia democrats openly advocated secession. The Democratic papers boldly demanded “Give us liberty from that infamous pack of states, or give us death.” Democratic congressmen warned congress that it might mean secession in some of the Southern states.
      When the legislature of Georgia met in 1850 things were red-hot and the secessionists were running things then. A pretty strong effort was put forth to get the legislature to declare Georgia free and clear of the United States. They confided their plans then to get other states to follow suit.
      The argument about secession was a subject that consumed most of the attention and time of the 1850 legislature which convened in January. Whig legislators, while deprecating the California occurrences, extolled loyalty to the flag and talked about the glory of the good old U.S.A., and counselled working within rather than without the Union. Democratic speakers answered that they had already tried to get justice with in the Union. Whig speakers rejoined that if the Democrats would step out of the way and turn it over to the Whigs in Washington, they could smooth it out. Thus, it went.
            The resolution favoring secession was referred to the committee on —-of the Republic, and the committee reported out substitute resolution directing the Governor to call a convention of the people to vote upon it. The legislature thus washed its hands of the matter, and —-it on which was probably a —- thing as events finally proved.

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In Lowndes County, a coalition of Whigs and moderate Democrats met to form a local party supporting election of pro-Union delegates…

Milledgeville Southern Recorder
November 19, 1850

At a meeting of a large portion of the people of Lowndes County, for the purpose of nominating two candidates, for Delegates to represent the county of Lowndes in the Convention to be held in Milledgeville on the 10th of December next, on motion, Messrs. William C. Knight (W.) [Whig] and M. Brinson (D.)[Democrat] were called to preside over the deliberations of the meeting; and Charles S. Rockwell requested to act as Secretary. The following resolutions were adopted:

Whereas a Convention of the People of Georgia has been called by the Governor of our State in pursuance of an act of the Legislature approved Feb. 8th, 1850, and we the People of Lowndes County, believing that no just cause of resistance now exists, therefore resolved:

1st. That we will not support any man as a candidate for the said Convention, who does not pledge himself, that he will commit no act or give his vote for any measure that will tend directly or indirectly to subvert the Constitution of Georgia, or the United States.

2nd. That we believe the people of Georgia may honorably acquiesce in the action of the last Congress of the U. S. in reference to the subject of slavery-

3d. That in supporting candidates for said Convention, we will vote for one man of each political party, provided the above required pledges are given by them.

4th. That we recommend to the members of the Convention, the exercise of “Wisdom, Justice, and Moderation.”

On motion, a committee was appointed by the Chairman, to report the names of two suitable candidates to represent the county of Lowndes in the convention, who having retired for a short time, reported the names of Gen. Levi J. Knight (Whig,) and Miles M. Brinson, (Dem.) The report was confirmed by the meeting. The gentlemen selected by the meeting as candidates then expressed themselves willing to subscribe in full to the foregoing resolutions.

After requesting the above proceedings to be published in the Macon Journal & Messenger, Southern Recorder, and Savannah Georgian, the meeting adjourned.

WM C. KNIGHT.
MILES M. BRINSON }Pres’s
Chas. S. Rockwell, Sec’y

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Additional history of the state convention was printed in the 1929 Clinch County News …

The election for delegates to the convention was held Nov. 24, 1850, and two delegates for each representative in the legislature was elected.

The convention was to meet Dec. 10, 1850.

In Clinch County, Union men were elected; Ware elected Union men but Lowndes county sent delegates in favor of secession. The candidates and the vote they received, from these three counties, were as follows: Union men in the first column of names and disunion men in the next column or row:

[UNION]

Ware:      James Fullwood   199
               J. Walker             125
Lowndes: L. J. Knight          309
               M. M. Brinson       97
Clinch:    Benj. Sirmans     266
               Jas. W. Staten    155

DISUNION

Ware:       Nathan Brewton    98
Lowndes: W. L. Morgan        321
                W. Ashley            315
Clinch:     Simon W. Nichols 29
               John H. Mattox     20

The result of the election was a great majority for the Union advocates. The total votes cast was 71,115 votes,

The Augusta Daily Chronicle & Sentinel reported that on the evening of December 11, 1850, between sessions of the Georgia State Convention, a group of Georgia’s leading Union men met in Milledgeville to organize a Georgia association for a new national political party, the Constitutional Union Party.  Levi J. Knight was appointed as a representative to attend a national convention of the new party. This Grand Union Meeting was to be held in Washington, D. C. on February 22, 1851, but never materialized.

Meanwhile, at the Georgia state convention…

…the Union Men mostly Whigs, had a majority in the state of 22,117, and controlled two-thirds of the convention. Thomas Spalding of McIntosh county, a Union man, was elected president of the convention. The tide had turned -secession was defeated. 

Space forbids more details about this interesting event in our state history, other than to say that [after] several days’ oratory the committee reported out a set of resolutions which condemned the admission of California as a state; condemned the pernicious activities of the Free-soilers or Abolitionists; excoriated the Democratic party for its alleged failures; praised the administration of President Fillmore, and patriotically declared for the Union and eulogized the good old U.S.A.

Thus was averted civil war eleven years before it had to come.

The report of the state convention became known as the Georgia Platform of 1850:

Setting forth Georgia’s strong attachment to the Union, it deplored the slavery agitation, asserted the right of the state to settle this question for themselves, avowed a willingness to accept the compromise measures of Mr. Clay [Compromise of 1850], but declared it to be Georgia’s duty and determination to resist any measure of Congress to disturb the peace or to invade the rights of the slaveholding states…Georgia’s action produced a tranquilizing effect upon other states and…deferred the great Civil War for at least ten years. – A standard History of Georgia and Georgians

In 1860, when the election of Abraham Lincoln was imminent, Levi J. Knight formed a company of infantry called the Berrien Minute Men, which fought with the 29th Georgia Regiment in the Civil War.  In 1861, the 29th Georgia Regiment was detailed to defend the Sapelo Island plantation of Thomas Spalding and the port of Brunswick, GA.

William Devane

William DeVane (1838-1909) Image courtesy of http://www.berriencountyga.com/

William DeVane (1838-1909), planter of Ray’s Mill, Berrien County, GA after a brief stint in the Confederate Army provided a substitute to fulfill his military enlistment. Image courtesy of http://www.berriencountyga.com/

William Devane was born in Lowndes, now Berrien County, March 30, 1838. He was a son of Francis Devane. His grandfather, Captain John Devane, was a soldier in the Revolutionary War. William’s father and uncles Benjamin (1795-1879) and William Devane (1786-1870) had come to Lowndes County from Bulloch County, GA about 1831 along with others of the Devane family connection.

The 1850 census places William Devane in his father’s Lowndes County household, along with his older siblings Benjamin and Patrick who worked as laborers. William, age 12, apparently was not yet assisting with the farm work, although records do not indicate that he was attending school at that time, either.   William’s brother Thomas was working the farm next door.  Some of the neighbors included Samuel Connell, William Parrish, Ansel Parrish, Absolom Parrish, James Parrish, James J. Fountain and Thomas Futch.

At the time of the 1860 census, William and Benjamin Devane were still living in their father’s household and working at farming. The census records indicate William, age 23, attended school that year. Patrick Devane and Thomas Devane had farms nearby. Neighbors then included Nathaniel Cooper, William B. Turner, Henry J. Bostick, Fredrick M. Giddens, John A. Money, and Ansel Parrish.

During the Civil War, William and his three brothers all joined the army. William was the first to join, enlisting in the Berrien Light Infantry, Company I, 50th Georgia Regiment as a private on March 4, 1862, at Nashville, GA.  Benjamin Devane enlisted in the same company May 9, 1862, at Nashville, GA. He was later elected 2nd Lieutenant of Company D, 50th GA Regiment and served to the end of the war. Patrick joined Company I on August 14, 1862, at Calhoun, GA. He fell out sick at Culpepper, VA on November 18, 1862, and died in a Confederate hospital on December 13, 1862; Patrick’s estate was administered by William Giddens. William Devane’s brother Thomas Devane enlisted in Company H, Georgia 1st Infantry Regiment on December 21, 1862.

William Devane and the 50th Georgia Regiment were sent to the defenses around Savannah.  Sergeant Ezekiel Parrish, son of the Devane’s neighbor James Parrish, wrote home on April 23, 1862, describing their encampment situated near Savannah:

“… about one or one and a half miles east of the city where we can have a fair view of the church steeples and the nearest part of the town…Our camps are very disagreeable now in consequence of the dryness of the weather, the ground being sandy and loose and the winds high. it keeps ones eyes full of sand almost all the time which is not a very good remedy…It is about one mile or little over to the river from our camps. We can see the steamboats passing almost constantly…Our camps are situated near extensive earthworks or entrenchments for the protection of our troops should the enemy attempt to attack the city by land. Fort Boggs [is] on the river below town about 1/2 miles below…it commands the river tolerable well. the marsh between the channel and the fort is about 1/4 of a mile wide and the fort is on a high bluff at the edge of the marsh and is covered from the view of the river by a strand of thick bushes on the hillside…Captain Lamb‘s Company [Berrien Minute Men, 29th Georgia Regiment] has moved from Camp Tatnall to a place on the river below fort Jackson and about one mile and a half from Berrien Light Infantry, Company I, 50th Georgia Regiment.

The 50th Georgia Regiment went on station at Fort Brown. Fort Brown was situated at the Catholic Cemetery at what is now the intersection of Skidaway Road and Gwinnett Street.

Fort Brown was one of the anchors of an extensive earthworks protecting Savannah.

A line of formidable earthworks, within easy range of each other, in many places connected by curtains, and armed with siege and field guns, was thrown up for the immediate protection of Savannah. Commencing at Fort Boggs on the Savannah River and thence extending south and west in a semi-circular form, enveloping the at distances varying from one to two and a quarter miles, it terminated at the Springfield plantation swamp. The principal fortifications in this line were Fort Boggs, mounting fourteen guns, some of them quite heavy and commanding the Savannah River – Fort Brown, near the Catholic Cemetery, armed with eleven guns – and Fort Mercer, having a battery of nine guns. Between Springfield plantation swamp – where the right of the line rested just beyond Laurel Grove cemetery – and Fort Mercer, were eighteen lunettes, mounting in the aggregate twenty guns. Connecting Fort Mercer with Fort Brown was a cremaillere line with nine salients, mounting in the aggregate eight guns. Between Fort Brown and Fort Boggs were seven lunettes armed with eight guns. These works were well supplied with magazines. It will be noted that the armaments of these city lines consisted of seventy pieces of artillery of various calibers, among which 32, 24,18, 12, and 6 pounder guns predominated. A considerable supply of ammunition was kept on hand in the magazines. – Southern Historical Society Papers, Volume 17

 

On May 18, 1862, Ezekiel Parrish wrote from “Savannah, Ga Camps near Fort Brown”:

We are living very hard here now for the soldiers rations of bacon have been reduced to so small a portion that we are pretty hard {illegible} for something to grease with. Several of our last ration of bacon has been less than one pound to the man for four May’s rations, but of the other kinds of provisions we draw plenty to do well though the pickel beef is so poor and salt and strong that it is not very good and in fact some will do without before they will eat it. Occasionally we get some fresh beef but it is very poor without any grease to go with it…The water here is very bad and brackish and a continual use of it is enough to make anybody sick.

William Devane, 24 years of age, would serve only a short time before seeking a substitute. Substitution was a form of Civil War draft evasion available to those who could afford it.

Substitution
With war a reality, the Confederate legislature passed a law in October 1861 declaring that all able-bodied white men were obligated to serve in the military. This statute allowed substitutions for men who had ‘volunteered’ for the militia. It also permitted those not required by law to enlist in the military to serve as substitutes. However, by the Spring of 1862, after a year of fighting and hardship, the flow of new volunteers became a trickle, which forced the 
Confederacy to pass the first American conscription law. In April 1862 the legislature authorized a draft of men between the ages of eighteen and thirty-five years. This law also allowed substitutes to be used. Later that year, in September 1862, the legislature extended the maximum draft-eligible age to forty-five years. The revision specifically stated that only those who were not eligible for the draft presumably those too old, too young, or foreign citizens – could serve as substitutes.  – Mary L. Wilson, 2005, Profiles in Evasion

The market price of a soldier, it is said, soon mounted to from $1500 to $3000. …To employ a substitute or to accept services as one was regarded by many, and almost universally so in army circles, as highly reprehensible.  – A. B. Moore, 1924, Conscription and Conflict in the Confederacy

After just over three months of service and without engaging in any action, Devane secured a discharge from the army June 18, 1862, by furnishing a substitute. According to company rolls, John R. Croley enlisted that same day at Fort Brown, Savannah, GA as a substitute in Devane’s stead.   The 47-year-old Croley (also Crowley or Crawley) was himself exempt from military service. Croley had brought his family from Sumter County to Berrien County in 1860.

Shortly after assuming Devane’s place, Croley and the rest of the 50th Georgia Regiment were sent to Camp Lee in Virginia. Croley was to have a rough time of it. Soon sick, he was left behind at the camp when the regiment pulled out on August 21, 1862. In February 1863 he was admitted to Chimborazo Hospital No. 2, Richmond, VA with Rheumatism. On March 12, he was admitted to the C.S.A. General Hospital at Farmville, VA with diarrhea.

Confederate service record of John R. Croley, substitute for William DeVane.

Confederate service record of John R. Croley, substitute for William DeVane.

Croley returned to duty April 29.  He was with his unit when the 50th GA Regiment entered the Battle of Gettysburg July 1-3, 1863. Severely wounded and taken prisoner of war, he was sent to one of the Union hospitals in and about Gettysburg.  His arm was amputated, but he did not recover. He died of wounds July 31, 1863.  The location of his burial is not known, presumably in the vicinity of Gettysburg.  A monument in his memory marks an empty grave at Keel Cemetery, Valdosta, GA.

Centograph of John R. Croley (Crawley), Keel Cemetery, Valdosta, GA. Croley was mortally wounded at Gettysburg, PA while serving as a substitute for William DeVane. Image source: Karen Camp.

Centograph of John R. Croley (Crawley), Keel Cemetery, Valdosta, GA. Croley was mortally wounded at Gettysburg, PA while serving as a substitute for William Devane. Image source: Karen Camp.

Administration of the estate of John R. Croley in Berrien County, GA

Legal notice of administration of the estate of John R. Croley in Berrien County, GA

Croley left behind a widow and four children in Berrien County. William Devane sat out the rest of the war.

Devane was married on May 10, 1865, in Dooly County, GA to Miss Sarah Jane “Sallie” Butler of that county. She was born February 12, 1842, a daughter of Ezekiel and Eliza Butler.

Marriage Certificate of William DeVane and Sallie Butler, Dooley County, GA

Marriage Certificate of William Devane and Sallie Butler, Dooley County, GA

Born to William and Sallie were eleven children:

  1. Emma Lorena Devane, born February 18, 1866, married George W. Marsh of Sumter County, FL.
  2. Marcus LaFayette Devane, born April 25, 1867, died September 15, 1889.
  3. Columbus Clark Devane, born February 11, 1869, never married.
  4. Ada Belle Devane, born April 10, 1870, married William J. Hodges of Lowndes County, GA
  5. Ezekiel H. Devane, born December 4, 1872, married Beulah Parrish, daughter of Elbert Parrish.
  6. William E. Pemberton Devane, born November 8, 1875, married Mary McClelland, daughter of Robert McClelland
  7. John F. Devane, born August 2, 1877; died October 1878.
  8. Benjamin Robert Devane, born October 15, 1879; married Bessie Whitehurst, daughter of Nehemiah Whitehurst
  9. Caulie Augustus Devane, born September 15, 1882; married Alma Albritton, daughter of Matthew Hodge Albritton
  10. Connard Cleveland Devane, born November 11, 1884; married Nellie Mae Coppage, daughter of Jehu Coppage
  11. Onnie Lee Devane, born November 11, 1884; married John W. Strickland, son of William J. Strickland of Clinch County.

The homeplace of William Devane was about four and half miles west of Ray City on the Nashville-Valdosta Road. It was situated on the north half of lot 457, 10th district. Possum Creek, a tributary of Cat Creek, crosses the northeast corner of this land. The place was given to William by his father before the elder Devane’s death in 1868. William Devane had received no deed however, and title was vested in him March 1870, by arbitration proceedings agreed to by all the heirs.

Home of William DeVane (1838-1909) Image courtesy of http://www.berriencountyga.com/

Home of William Devane (1838-1909) Image courtesy of http://www.berriencountyga.com/

The 1870 Census enumeration shows that William Devane’s household then included his wife, Sarah Jane, and children, Emma, Marcus, Columbus, and Ada, as well as an African-American boy, Rufus Prine, who at age 11 was working as farm labor. William’s brother, Benjamin Mitchell Devane (1835-1912), was a notary public and an alderman in the city government of Adel, GA. 

Berrien County Tax records also document that after the War, William Devane worked his farm with the help of freedman Joseph Prine. The relationship between Joseph and Rufus is not known.  Joseph Prine was born into slavery in South Carolina in 1816. The 1872 tax records show Devane employed seven hands between the ages of 12 and 65. This count matches with the 1870 Census enumeration of the Joseph Prine household, which then included Joe Prine (56), Jane Prine (54), Samuel Prine (22), Chaney Prine (33), Elza Prine (17), Jasper Prine (14), and George Prine (11), as well as the younger Prine children, Jinnie (8), Huldy (7), Eliza (5), and Philip(2).

In 1872, the William Devane farm consisted of 508 acres on portions of lots 457 and 418 in the 10th Land District. To the north was Mary Devane with 755 acres on Lots 418 and 412. Benjamin Mitchell Devane also owned portions of Lot 418 and 419. John Baker had 122 acres on Lot 419. William H. Outlaw had 245 acres on Lot 419. To the south, John W. Hagan owned 356 acres on lots 503 and 504. J.S. Roberts also had some acreage on 503 and 504.  To the east, the Reverend John G. Taylor, Sr. had 400 acres on Lot 456.  By 1877 John Webb had acquired a 1470 acre tract just to the northeast of the William Devane place.

William DeVane developed one of the finest plantations in Berrien County, containing 935 acres. It was situated on a public road and Possum Creek. The main house was six-rooms, and there was also a three-room house and a tenant house on the place. The six-horse farm of over 100 cultivated acres was said to produce a bale of cotton to the acre. Devane kept 120 head of stock on a fine stock range. His equipment included farm implements, oat reaper, cane mill and syrup kettle, two wagons, and two buggies.

Sallie Butler Devane died June 15, 1896.  A brief death announcement appeared in the Tifton Gazette.

Tifton Gazette
July 10, 1896

Mrs. Sallie Devane, of this county, wife of Mr. William Devane, died on Tuesday of last week.

Grave of Sarah Butler DeVane (1842-1896), Pleasant Cemetery, Berrien County, GA.

Grave of Sarah Butler Devane (1842-1896), Pleasant Cemetery, Berrien County, GA.

 

William Devane died March 8, 1909.

Graves of William DeVane and Sarah Butler DeVane, Pleasant Cemetery, Berrien County, GA

Graves of William DeVane and Sarah Butler DeVane, Pleasant Cemetery, Berrien County, GA

Grave of William Devane, Pleasant Cemetery, near Ray City, GA

Grave of William Devane, Pleasant Cemetery, near Ray City, GA

 

A series of legal advertisements regarding the estate of William Devane appeared in the local papers:

Valdosta Times
March 27, 1909

Notice to Debtors and Creditors All parties having claims against the estate of the late Wm. Devane, are requested to present them properly made out, to the undersigned. Those indebted to his estate will please make settlement at once.
The deceased at the time of his death was not indebted to any of the heirs.
C. C. Devane,
Hahira, Ga., R. F. D. 5.

*********************

Tifton Gazette
November 19, 1909

Notice of Sale.

We will sell to the highest bidder for cash, on the 24th day of November, in Berrien county, at the Wm. Devane estate, the following property: 935 acres of land; one farm containing 150, the other 785 acres; 175 in cultivation, 120 head of stock. Farming implements, oat reaper, cane mill and syrup kettle; two wagons; two buggies; 350 bushels of corn; six tons of cotton seed. Heirs of Wm. DeVane.

Valdosta Times
November 20, 1909

Public Sale

We will sell to the highest bidder, for cash on the 24th day of November, in Berrien county at the Wm. DeVane place, the following property: 2 farms containing 935 acres, 150 in one, 785 acres in the other; 111 acres in cultivation; fair Improvements—timber is fine; 120 head of stock and farming Implements. C. C. Devane, Hahira, Ga., R. F. D. No. 5.

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Valdosta Times
August 14, 1912

FOR SALE—A fine plantation, One of the best in Berrien county, containing 935 acres, within 4 1/2 miles of Georgia and Florida railroad. Nearest station, Ray’s Mill. 6-horse farm in state of cultivation. Soil very productive, will produce bale of cotton to the acre, other crops in proportion. One six-room dwelling, one three-room and a tenant house on the place. Good water. Near schools and churches. Fine stock range. River runs through edge of land. Public road through farm. Will sell on account of division between heirs. If desired stock, mules, hogs, cattle, goats and farm implements can be bought at reasonable prices. C. C. DeVane, Hahira, Ga., R.F.D.

 

1899 Sketch of Old Lowndes County

In 1856, Berrien County was cut out of Lowndes County, GA. Long before then all of this section, including Lowndes was encompassed in the original county of Irwin. The following is a sketch of the first 75 years of Lowndes County.

The Valdosta Times
October 14, 1899

Historic Sketch of Lowndes County
Written by R. E. L. Folsom

Old Irwin county was composed of sixteen districts, and included the present counties of Thomas, Brooks, Worth, Colquitt, Berrien, Lowndes, Clinch, Echols, and Irwin.  Out of this territory, about 1826, the counties of Thomas and Lowndes were formed, in the south-west and south-east portions respectively.  Lowndes included all of the present counties of Clinch and Echols, and most of the territory of Berrien, Colquitt and Brooks.  Clinch was formed first, then Berrien; then Colquitt; then Brooks; the Echols.

            The county of Lowndes was organized, and the first court held, at Frances Rountree’s on what is now [1899] known as the Remer Young old place, in the year 1827.

    Old Franklinville was the first permanent count seat, founded about the year 1827.  It was located on the Withlacoochee river, near where the skipper bridge now stands.  It was a fine location, from a natural standpoint, and had one of the best springs of water in this county.  It never amounted to much as a business location.  The first clerk of the county court of ordinary was William Smith.

            One among the first representatives of the county was Randall Folsom, from 1832 to 1833.  He was followed by Hamilton Sharpe.

            About 1838, the county seat was moved to the fork of the Withlacoochee and Little rivers, and named Troupeville, in honor of Gov. Troupe.  It was not a picturesque, or even attractive spot for a town, and today a bleak and barren sand ridge, with its scattered clusters of cactus and pine saplings, is all that is left to mark this historic old spot.  It was a great rendezvous for the devotees of fun and excitement and carousal, and a detailed history of the place would furnish every variety of incident, from deeds of heroism down to the most ridiculous escapades.  Troupeville was a considerable business point.  Of the merchants who did business there in the old days, were Moses and Aaron Smith,  E. B. Stafford,  Uriah Kemp, and Alfred Newburn.   The first physician in this section of the country, Dr. Henry Briggs, located there, and put up a drug store.  He built up a very extensive practice, which he kept to the end of his long life.  In those days there were no bar-rooms, as we now find them, but all the merchants, excepting M. & A. Smith, sold liquor.

            Two good hotels were kept here, one by William Smith, who was a master of his trade, and the other by Morgan G. Swain

            The first county surveyor was Samuel Clyatt.  He was succeeded by Jeremiah Wilson, who held the office, with the exception of one term, till about the close of the civil war.

Judge C. B. Cole was one of the first judges of the superior court.  He was followed by Judge J. J. Scarborough.  It was under Judge Scarborough that Judge A. H. Hansell made his first appearance here, as solicitor general.  He succeeded Judge Scarborough as judge of the superior court.

            About 1847, occurred the first murder trial in this county.  It was the trial of Samuel Mattox for the murder of a boy by the name of Slaughter.  He was found guilty and hanged for the crime.

            About the year 1859, upon the building of the old Atlantic and Gulf Railroad, now the S. F. & W., this county seat was moved to Valdosta.  The place was named in honor of the home of Gov. Troupe, which he called Val-d’Osta.  This was about the same time that Brooks county was organized.  Shade Griffin was representative at this time, and has the bill passed creating Brooks county.  As he lived on the east side of Little River, the boundary was run so as to put his place in Brooks, where it is said to be yet.

            The merchants who began business in Valdosta at its founding, or soon after, were Thomas B. Griffin, Adam Graham, Moses Smith, jr., Henry Briggs, A. Converse, Capt. Bill Smith, W. H. Briggs, and the Varnedoes.

The first public road ever cut through this country, was the old Coffee Road, cut out by Gen. Coffee, on a contract from the state.  It began at Jacksonville, on the Ochmulgee River, and ended at old Duncanville, in Thomas county, on the east line.  The first white settlement in this section was made on this road in the fork of the Okapilco and Mule creeks in Brooks county, at an old Indian town, by Jose Bryant, in 1823.   The next settlement was also made on this road, by Sion Hall, near the present site of Morven.  It was here that the first court for the original Irwin county was held.  This settlement was made in 1824.   In the same year, Washington Joyce settled on the east bank of the Little River, and built a ferry at what is now the Miller Bridge.  This was the first white settlement in present Lowndes county.  Next to him came Drew Vickers and Lawrence Folsom and a man named Baker, who built a ferry on the Withlacoochee River, where the Williams bridge now stands.

One of the highways in this section was the old stage road, running from Thomasville to Brunswick through Troupeville.  This was discontinued as a stage line about the year 1850.

In those old days, marketing had to be done at long range.  Not very much cotton was raised – all of the upland variety – but it had to be hauled to Fussell’s and Mobley’s Bluffs, on the Ochmulgee River, and goods hauled back in return.  The only real markets for this section were Tallahassee, Newport and St. Marks.  Going to market was an event in those days, and people went to buy only what was absolutely necessary.   Ah! Those were the happiest days of all.

There were large stock owners in this section, in those days.  There was a fine range and plenty of room, and the raising of stock was then a source of considerable income.  The most important stock raisers were [Berrien M.] Berry Jones, Francis Jones, Will Folsom, Randall Folsom, James Folsom, and James Rountree.

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Judge Carleton Bicknell Cole

Carlton Bicknell Cole

Carleton Bicknell Cole

Judge Carleton Bicknell Cole (1803-1876)
Carleton B. Cole represented Manuel and Jonathan Studstill in the case of the murder of William Slaughter in old Lowndes County. Solicitor general Augustin H. Hansell handled the prosecution. A previous post, An Antebellum Trial at Troupville, GA, related the dramatic story of the legal proceedings.

This post presents a sketch of the attorney for the defense.

The Sunny South
March 22, 1884

Bench and Bar of Georgia

Sketches and Anecdotes of Distinguished Judges and Lawyers.

Number 23.

By R. W. D.

Carleton B. Cole.
Carleton Bicknell Cole was born in Amherst, Massachusetts, August 7, 1803. His father died quite suddenly when the child was but a few months old, leaving him to the care of a young mother. His school advantages were good; he loved his books, became a close student and at the age of 19 graduated at Middlebury College, Vermont. His health having become impaired in consequence of his sedentary habits and close and unremitting application, he was sent to North Carolina that he might breathe the balmy Southern air and recuperate his wasted vitality. Being detained here from time to time, he finally decided to make the South his permanent home, and casting about for a permanent location, determined to adopt the profession of law. He commenced the study in the office of Judge Frederick Nash, of Hillsboro, and after a thorough course under that distinguished lawyer, was duly admitted to the bar. In 1826 Mr. Cole came to Georgia, locating in the then small town of Macon, where, in partnership with Hon. John G. Polhill (afterwards Judge of the Ocmulgee Circuit) he commenced the practice. While in Hillsboro, N.C. he had contracted marriage with Miss Susan N. Taylor, and therefore so soon as he had established himself in Georgia he returned to claim her as his wife. This good lady shared with him for many years his fortunes and reverses.
      Of the public life of Judge Cole I shall give nearly the whole space of this memoir to a communication from one who knew and loved him well.

General T. P. Smith, in Valdosta Times:
“* * * * * He came to Georgia in 1826 or ’27 located in Macon to practice law and pursued the profession diligently for some years, when Gov. Schley appointed him to fill a vacancy on the bench of the Southern Circuit, caused by the death of Judge James Polhill. His commission bore date 13th April,1836, and not in 1833, as the Macon Telegraph erroneously stated. He took his seat on the bench at Pulaski Superior Court, third Monday in April, 1836, and continued to hold courts under his temporary appointment until the Legislature met in November ensuing.

When that body convened, the first important measure to engage its attention was the election of a Judge for the Southern Circuit. There were two candidates for the office, viz: Carleton B. Cole and Arthur A. Morgan. The writer of these lines went into the gallery of the House of Representatives to witness the election and remembers the balloting of the members and the sore disappointment of the friends of Judge Cole, who had entertained strong hopes of his election. The counting of the votes disclosed the fact that his opponent had more than doubled him. As the election of Judge Morgan was only for one year his opponents resolved to contest his election at the next session. The Legislature of 1837 convened and when the election for Judge of the Southern Circuit came up the names of Judge Morgan and Carleton B. Cole were again announced as candidates, as they had been the session before. The writer again went into the gallery of the House to witness the election and remembers the balloting of members, the counting of votes and the general rejoicing of the friends of Judge Cole when the Speaker announced his election as judge of the Southern Circuit, over his competitor. The exact vote is not remembered, but it was probably only two or three majority.
      Of the friends who worked most earnestly and uncompromisingly, and without whose assistance the election of Judge Cole must have failed at the second trial, were certain attorneys practicing in the courts over which Judge Morgan presided. It was they who arraigned Judge M. before the members of the Legislature of 1837 to undo the work of the previous session.
      Judge Cole entered at once upon the duties of his office, and presided for the term of four years and, in 1841, was re-elected over Col. Patterson, of Early – who had been a prominent man in the politics of the State. Thus it appears that he served eight years on the bench besides the temporary appointment in 1836, of Gov. Schley. At the close of his judicial career in 1845, the names of the political parties in Georgia had been changed from Union and States Rights to Whig and Democrat, and Judge Scarborough was elected by a Whig legislature to succeed him.
        Judge Cole resumed the practice of his profession and was a regular attendant on the courts of Lowndes and other counties of the Southern Circuit many years after his retirement from the Bench. Eventually the war came, slavery fell and a new constitution was ordered or required to meet the changed political condition of the State. Upon its adoption and the reorganization of the different departments, Judge Cole was tendered the judgeship of the Macon Circuit. He appeared upon the Bench and held the office for several terms. Certain members of the Bar were anxious for his reappointment and petitioned the Governor in his behalf. To this his Excellency declined to accede, but bestowed the office upon another who at present occupies the Bench of that Circuit.
       The most of Judge Cole’s judicial service was prior to the organization of the Supreme Court of Georgia, and when the legal opinions of the judge, given from the Bench, was the received and recognized law of the case. This autocratic power, it was sometimes stigmatized by counsel in their zeal for clients, caused them now and then to impeach, openly or covertly, the integrity of the presiding judge. The writer remembers our judge in Georgia who was impeached and tried before the Legislature for no other purpose, it was believed by many, than to get rid of his judicial opinions. It was this violence at the Bar engendered by a paltry judicial system, that led to the noted duel between Flournoy and Walton in 1811. The nephew espoused the cause of his uncle, Judge Walton, and lost his life. Judge Cole could not wholly escape this sort of vituperation, but met it apparently with a stoic indifference. Fortunately for the country the Supreme Court was organized in 1845, to determine questions of litigation in the last resort. The measure was not only beneficial in producing a better feeling between the judges and lawyers, but has been the ground work of vast progress and improvement in the laws of the State.
       A word concerning Judge Cole as a lawyer at the Bar, and these remarks will be brought to a close. In his day he was a popular attorney and had the management of many important causes. In his arguments before the court and jury it cannot be said that he was either eloquent or sought to stir the passions of the human heart. His strong forte was in a calm appeal to the good sense of the party addressed; in doing this he was always logical and interesting and seldom failed to command the closest attention. In his intercourse, during court, with the members of the bar, the county officers, the jurors and witnesses in attendance for the trial of causes, he was uniformly courteous and instructive; and when not engaged in the transaction of the business, he showed the sociability of his nature by mingling freely with the people, and by this means he gained their confidence and esteem.
       Judge Cole lived in Georgia nearly fifty years, and was at no time a candidate for office, except for Judge of the Superior Court. At no time was he called or known as a statesman of politician. His convictions and principles attached him warmly to the union of the States under the Federal Constitution, and in all the contests of Georgia looking to a separation of the Union, he was found true to his long cherished political sentiments.

T.P.S.
Valdosta, Ga., February 8, 1876

Thus in the forgoing communication do we have a brief but comprehensive view of Judge Cole as a lawyer and judge, together with a mention of his political views. It remains but to be said that he left behind him a high reputation for his judicial worth and went to his grave with an untarnished name.

     It was stated in the communication quoted above, that Judge Cole was never a candidate for any position except the bench, but to this must be added, that he was sent by the people of Bibb to the Convention of 1865, an important body, which assembled immediately after the war, for the purpose of adjusting matters of State to the new order of things and providing for the people in their new and anomalous condition. Judge Cole made a useful member of this Convention, and did much toward shaping the future of Georgia. As being in a judicial line, he accepted the chairmanship of the law school of Mercer University at Macon a few years before his death. “Here,” says the memorial passed by the faculty of that institution, “his previous experience as a lecturer, his extensive practice at the bar and his long occupancy of judicial office, gave him rare and valuable qualifications for the impartation of legal instruction. So wide were the resources of his experience, and so great was the mastery of his memory over them, that he was prepared to explain and enforce every principle of the science of law with copious illustrations. Retaining, in an advance age, the freshness and verdure of the hear, he felt a deep and abiding interest in young men; and he gave to the organization of the school over which he presided, and especially to his own department – Equity Jurisprudence and Practice – warm devotion and faithful labor.”

       As explanatory of the reference in the extract given, “his previous experience as a law lecturer,” it should have been stated that in 1840, after his first retirement from the bench, he opened a law class at Midway near Milledgeville, the then site of Oglethorpe College, which he continued to teach for seven years, having a steady attendance of 25 or 30 students.

      By reference to the Court Roll in this volume it will be seen that Judge Cole presided over the Southern Circuit three different times, and over the Macon Circuit also under three successive appointments, giving him in all nearly fifteen years on the bench.

      He was tall, dignified and courteous, combining in his person the suaviter in modo and fortiter in res.

    He led a consistent Christian life, and died an active and loved member of the Episcopal Church.

 I select as a fitting close to this memoir an extract from the memorial resolution of the Macon Bar:

“In all the relations of society and home, Judge Cole was not less distinguished than as a professional and public man. Dignified and urbane in manner, he had a tender heart and affectionate disposition. As a Christian he was meek and humble as a child, relying for salvation not upon his own merits, but upon the atoning blood of his Savior and his God.

      Into the sanctity of his household we dare not intrude, but who can doubt that he was all that is lovely in a father, a husband and a master. He has left us, after filling his allotted space of more than three score years and ten, brimful of usefulness and honor, and well may we proclaim him.

  “The friend of man, the friend of truth,

    The prop of age, the guide of youth;”

  and with just pride declare,

      “Few hearts like his with vigor warmed,

       Few heads with knowledge so informed.”

And knowing that of this world he made the best, and employed his talents to the advancement of his race and the glory of his Maker, we feel well assured that in another and brighter world

‘he lives in bliss.'”

Carleton Bicknell Cole
entered life eternal
Jan. 23, 1876.

About Carlton Bicknell Cole: son of George Abbott Cole and Emmeline (Carleton) Cole. Born in Amherst, MA, August 3, 1803. Graduated Middlebury College, VT, in 1822. Taught and studied law in North Carolina. Admitted to the bar, 1826, and in 1827 removed to Macon, GA. Married Susan Taylor, September 6, 1827. (Children: Ann Eliza; Emmeline Carleton; John Taylor; George Abbott; Carleton Bicknell.) Incorporator and stockholder of The Commercial Bank at Macon, 1831. Judge of the Southern Circuit Court of Georgia, 1833-1847. Chairman of the Convention of Judges of the Superior Courts of Georgia, 1840. Operated a private law school at Midway, GA, 1844-1845. Opened a law practice in Milledgeville, GA, 1846. Admitted to practice before the Georgia Supreme Court, 1846. Chair of the Democratic Republican party of Twiggs County, 1847; A pro-Union Democrat in politics. Professor of Law, Oglethorpe University, 1847-1854. Resumed his law practice in Macon, 1854. Delegate to the State Constitutional Convention, 1865. Judge of the Macon Circuit Court, 1865-1873. Professor of Law, Mercer University, 1875-1876.  Died in Macon, GA, January 23, 1876.

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