Grand Jury Presentments of 1845, Old Lowndes County, GA

In June of 1845, The Grand Jury of Lowndes County, Georgia convened for its 20th year.

Judge Carlton B. Cole presided, with Peter E. Love as Solicitor General,  and Duncan Smith served as clerk of the Court.

1845 Grand Jury Presentments, Lowndes County, GA

1845 Grand Jury Presentments, Lowndes County, GA

Milledgeville Federal Union
June 24, 1845

Presentments

Of the Grand Jury of Lowndes county, June Term, 1845.
We the Grand Jurors, sworn, chosen and selected for the county of Lowndes, make the following presentments:

We have examined the conditions of our Court-house, and find it to be rather in bad condition, and would recommend some action to have it kept in a more cleanly situation.

We have also examined the condition of our Jail, and find it to be in a very unsafe condition, and would recommend good and sufficient repairs.

We have examined the Clerk’s books of our Superior and Inferior Courts, and find them kept in good order.

We have had under our consideration, the situation of the Public roads of our county, and would especially recommend the Inferior Court, to have them placed in a good condition as early as possible.

We have had under consideration, and have thoroughly examined the books and papers of the Treasurer of the Poor School Fund of said county, and find that the Notes are not taken in accordance with the rules and regulations, and furthermore, would recommend a speedy renewal or collection of said Notes; and we specially recommend further, a collection of sufficient amount to settle all the accounts that are yet unpaid.

We further recommend our Inferior Court, to levy a tax for county purposes.

In taking leave of his Honor Judge Cole, the Grand Jury render to him their thanks, for the prompt discharge of the duties of his office, and the courtesy he has extended to this body, during the present term of the Court – also to the Solicitor General, for his courtesy and prompt attention to business, during this term.

And before closing our duties, we would earnestly recommend to our citizens generally, and more especially to the persons who may represent this county in the general assembly of the State, to use their endeavors at the approaching election, for a Judge of this Circuit, to continue in office, the individual who now fills and has for some time filled the office. During the whole period of his services, his administration has been distinguished by the most eminent legal abilities, and a stern and impartial desire to execute the laws without fear of favor. We therefore deem it not only expedient, but necessary that one who has proved himself a good, faithful and able servant, should be continued in an office to which he adds so much dignity.

We the Grand Jury, request that our presentments be published in the Southern Recorder and Federal Union.

Robert Micklejohn, Foreman.

Judge Carleton Bicknell Cole (1803-1876)
Carlton B. Cole twice served as judge of the Southern Circuit and later presided over the courts of the Macon Circuit. In 1848, he was defense attorney for  Manuel and Jonathan Studstill, in the September 7, 1843 murder of William Slaughter, facing Augustin H. Hansell, solicitor general, for the prosecution. 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.

Peter E. Love  (1818 – 1866)
Peter Early Love, Solicitor General of the Southern Circuit of Georgia, served at the Lowndes Superior Court of 1845.  He was born near Dublin, Laurens County, Ga., July 7, 1818; graduated from Franklin College (now a part of the University of Georgia), Athens, Ga., in 1829 and from the Philadelphia College of Medicine in 1838; practiced medicine while studying law; admitted to the bar in 1839 and commenced practice in Thomasville, Thomas County, GA; solicitor general of the southern district of Georgia in 1843; member of the State senate in 1849; elected judge of the State Superior Court for the Southern Circuit in 1853; elected as a Democrat to the Thirty-sixth U.S. Congress and served from March 4, 1859, until his retirement on January 23, 1861; resumed the practice of law in Thomasville, Ga.; member of the State house of representatives in 1861; died in Thomasville, Ga., November 8, 1866; interment in the Old Cemetery.  His daughter, Martha “Mattie” Love, married Robert Harris Hamilton, who was Captain of the Thomasville Guards; this company served in the 29th Georgia Regiment, along with the Berrien Minute Men.

Duncan Smith (1816-1852)

Duncan Smith was born 1816 in Scotland. He moved to Lowndes County, GA some time before 1838, and by 1844 he had acquired 245 acres in the 10th Land District. Some time prior to 1846 Duncan Smith acquired Lot No. 72 in the town of Troupville. He was a member of the Democratic Republican party of Georgia. Justice of the Lowndes Inferior Court, 1840-44.  From January 16, 1844 to his death in 1852 Duncan Smith served as Clerk of Lowndes County Superior Court.

Grand Jurors
The jurors were Samuel E. Swilley, John W. Spain, John Carter, Sr., Enoch Hall, Matthew M. Deas, James Wade, Jesse Hunter, Mathew Young, James McMullen, John McMullen, James Sowell, A. S. Smith, William H. Devane, Sampson G. Williams, William Folsom, Thomas B. Griffin, David Matthis, Ezekiel W. Parrish, Dennis Wetherington, Joshua Limeberger, and Henry Strickland, with Robert Micklejohn serving as foreman of the Jury.

 

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Death Claims Judge Hansell, Feb 10, 1907

Augustin Harris Hansell, Judge on the Southern Circuit of Georgia from the 1850s to 1902, tried many cases in the Superior Court of Berrien County.

Judge Hansell.

Judge Augustin Harris Hansell, who for 50 years  heard the legal matters, criminal and civil, of Berrien county and the Wiregrass region, died on February 10, 1907.

He was a representative of Thomas County, GA at the Georgia Secession Convention of 1861, and signed the Georgia Ordinance of Secession along with: John Carroll Lamb, of Berrien County, who would later serve as a captain of the Berrien Minute Men and a major of the 29th Georgia Regiment; and Colonel Carey W. Styles of Ware County, who commanded Captain Levi J. Knight’s company of Berrien Minutemen while they served with the 13th Georgia Regiment at Brunswick, GA.

A \Ray City case was the trial of J. T. Biggles, who shot his brother-in-law in 1887 then fled the county for 12 years before his arrest.  Other notable cases in which Judge Hansell was involved include the trials of  Jim Hightower (aka James Stewart),   Jonathan Studstill,  and Burrell Hamilton Bailey.

The Atlanta Constitution
Feb 11, 1907  Page 1

DEATH CLAIMS JUDGE HANSELL

Distinguished Georgia Jurist Passes Away at Thomasville.

OLDEST MASON IN STATE

Funeral Will Take Place Today at Thomasville and Six Grandsons Will Act as the Pallbearers.  Judge Hansell Eighty-Nine Years Old.

Thomasville, Ga., February 10.  – (Special.) – Judge Augustus H. Hansell died today at half past 1 o’clock at his home here.  The immediate cause of his death was a fracture of the hip bone, caused by a fall ten days ago.
    He was born in Milledgeville in 1817, and was 89 years old at the time of his death.  He was the oldest Mason in the state having joined in 1838 at Milledgeville, and the Masonic lodges of Thomas county will all attend his funeral at the Presbyterian church tomorrow at 3 o’clock.  Six of his grandsons will act as pall bearers.
    Judge Hansell was admitted to the bar in 1838.  He was elected solicitor general of the southern circuit by the legislature of 1847, and judged of the same circuit in 1849.  He served as judge until January 1, 1903, with the exception of six years from 1853 to 1859,  when he refused to serve. He was removed by reconstruction in 1865, but was reelected in 1873,  and served continuously until 1903.  He was a member of the secession convention in 1861 and of the constitutional convention in 1877.  He served in the Indian War when but 18 years of age on the staff of General Safford, of Milledgeville.  He did not serve in the confederate war on account of his position as judge, but was on the relief committee, which was sent to Atlanta during the siege to relieve sick and wounded.
     He joined the Presbyterian  church in 1837.  He came to Thomasville  in 1852, and was a charter member and elder in the church here since 1854.  
    In 1840 he was married to Miss Annie B. Paine, of Milledgeville, who died six months ago.
    He leaves five children, C. P. Hansell, judge of the city court of Thomasville and assistant secretary of the senate; Mrs. James Watt, Miss Sallie Hansell of Thomasville; Mrs. B. L. Baker and Mrs. J. S. Denham, of  Monticello, Fla. 
    The stores of the town will close during the funeral hours tomorrow.

Augustin Harris Hansell is buried in the Soldiers Circle plot at Laurel Hill Cemetery, Thomasville, Thomas County, GA.

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Biggles case was tried by Judge Hansell

The Biggles murder trial of 1899 concerned a family feud at Rays Mill, Georgia in which J.T. Biggles gunned down Madison Pearson on the porch of Henry Harrison Knight’s store. (See 1887 Family Feud at Ray’s Mill, More on the 1887 Family Feud at Rays Mill, GA, Beagles/Biggles/Beigles of Rays Mill, The Biggles Farm.) Judge Hansell, who for fifty years served on the Southern Circuit of the Superior Court, presided at the trial.

Judge Augustin H. Hansell, Southern Circuit, tried many cases in Berrien County, GA.

Judge Augustin H. Hansell, Southern Circuit, tried many cases in Berrien County, GA.

The Atlanta Constitution
October 16, 1899 Pg 3

FIFTY YEARS ON THE BENCH
Judge Hansell’s Remarks to the Grand Jury of Berrien County.
    Tifton, Ga., October 15. – (Special.) – Berrien superior court, after four days’ session, adjourned Thursday evening.  The entire session of the court was devoted to criminal business, no civil cases being called for trial.
  The most important case was that against Thomas J. Beagles, who killed his brother-in-law, Madison G. Pearson, at Ray’s Mill, this county [Berrien], November 4, 1887, or twelve years ago.
    Beagles had married Pearson’s sister and out of this a bitter enmity grew up between him and his brother-in-law.  Pearson had threatened Beagle’s life and a day or so previous to the shooting had gone to his house and cursed his wife and children.
    Beagles swore out a peace warrant for Pearson, and he was carried to justice court at Ray’s Mill for trial. On the court ground the difficulty arose again, and Pearson, the man under arrest challenged Beagles for a fight, and started out the door, pulling of his coat as he went.  Beagles was standing near the door and as Pearson came out unarmed, drew a pistol and shot him through the head.  The ball entered just in front of the right ear, and produced instant death.
    Beagles left the country and was gone three years, but came back and was arrested and placed under bond. Two months ago he was given up by his bondsmen and placed in jail.
The trial of the case consumed a day and a half.  The state was represented by Solicitor General Thomas and Colonel W. H. Griffin, of Valdosta,  and the defense by Colonels Joseph A. Alexander and W. M. Hammond.  Every inch of the ground was well fought and the arguments of Colonels Hammond and Griffin, covering six hours eloquent and masterly.  The jury remained out seven hours, returning a verdict of manslaughter with a recommendation to mercy.  Colonel Griffin made a touching and eloquent plea for a light sentence and Judge Hansel gave Beagles two years in the penitentiary.
Jim Oscar Sterns, colored, who killed another negro with a coupling pin in Tifton a few weeks ago, was sentenced to the penitentiary for life.
North Cochran, colored, who committed highway robbery, taking $41 from another negro, was given six years in the penitentiary.
Warren Moss, colored, who burglarized the store of C. G. Gray, at Lenox, was given five years.
John Davis, colored, who burglarized the store of J. L. Ford, in Tifton, was given five years.
There were a number of sentences to the chaingang for smaller offenses, all the parties being negroes.
The grand jury recommended the building of a new jail for the county.
In thanking the grand jury for an exceedingly complimentary reference to himself, Judge Hansell stated that next month would be the fiftieth anniversary of his donning the judicial ermine, and the fifty years had been spent on the bench in south Georgia.

Home of Judge Augustin H. Hansell circa 1884, Thomasville, GA. On porch, Mrs. Hansel and Judge Hansell; sitting on top step, Miss Sallie Hansell; on bottom step, Jim Jarrett; at foot of steps, Nannie Boles; standing in yard, left to right, Mrs. James Watt, William A Watt, Hansel Watt, Mr. James Watt.

Home of Judge Augustin H. Hansell circa 1884, Thomasville, GA. On porch, Mrs. Hansel and Judge Hansell; sitting on top step, Miss Sallie Hansell; on bottom step, Jim Jarrett; at foot of steps, Nannie Boles; standing in yard, left to right, Mrs. James Watt, William A Watt, Hansel Watt, Mr. James Watt.

In A HISTORY OF SAVANNAH AND SOUTH GEORGIA, (p. 872-874) author William Harden  wrote a brief sketch on the life of Judge Hansell:

Augustin Harris Hansell, father of Charles P., was born at Milledgeville, August 17, 1817, and being reared in one of the prosperous homes of Georgia, was given excellent advantages. Prof. Carlisle Beaman was one of his tutors in general subjects, and he studied law under R. K. Hines and Iverson L. Harris. After admission to the bar he began practice at Milledgeville, and for a time served as private secretary for Governor Gilmer. In 1847 he was elected solicitor general, and two years later judge of the southern circuit, then embracing the greater part of south Georgia. Railroads had not yet penetrated to this region, and he journeyed from court to court in his private carriage. He resigned as judge in 1853 but was again elected to the same office in 1859. For some years, until 1850, he was a resident of Hawkinsville, then in Scottsboro two years, and in 1852 came to Thomasville, being one of the most prominent among the early settlers of this locality. During the war he served on the relief committee, and in 1864 spent three months distributing supplies to the soldiers around Atlanta and Marietta. In 1868 he left the bench, resuming private practice for four years, but in 1872 was again appointed judge of the southern circuit and continued in this office until 1903. For more than forty years he honored the bench with his character and ability, and his is one of the foremost names in the Georgia judiciary during the last half of the nineteenth century. On retiring from the bench he lived retired until his death in 1907.

Judge Hansell married Miss Mary Ann Baillie Paine, who was born in Milledgeville. Her father was Charles J. Paine, a native of Petersburg, Virginia, and a physician. … Judge Hansell’s wife died in 1906, and her five children were as follows: Susan V., Charles Paine, Mary H., Frances B., and Sally H.

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The Misadventures of Mr. Stewart

The previous post related the story, Adventures with a Panther, which occurred in Berrien County, GA in 1849.  A boy named James Stewart aka James Hightower, who was a step-son of Thomas B. Stewart, was attacked.  Neighbors John H. Guthrie, William Green Aikin,  and Jesse Vickery tracked down and engaged the beast in a bloody fight to the death.  The Stewart boy survived the panther’s attack, and the following clipping conveys a continuation of his misadventurous life.

From the Albany Medium

  Somewhere in the forties there lived in Berrien (it was not Berrien then) a boy by the name of Stewart. He was not remarkable for anything except for scrawniness, being of small statue, lean and of a clay-bank color, the result perhaps of private meals off of the chimney clay. But as time sped by he became a hero in that then wild country; at least he was a hero in one sense.

  The family with whom he lived resided not far from the Alapaha swamp. One day he and another boy were sent to the swamp to feed a sow. When within a short distance of it a large tiger sprang out of the bushes and brought Stewart to the ground. He fell on his face, and the tiger seemed to be in no hurry to kill him. Indeed the brute was engaged just then in watching the other boy fleeing in the direction of the house. Being satisfied as to the direction the other boy took, the tiger then took Stewart’s head in its mouth and closed on it, but its teeth slipped over instead of penetrating the skull. It bit the boy’s skull several times with the same result, and the boy, with a presence of mind wonderful in one so young, did not once flinch while the beast was tearing huge furrows through his scalp. The tiger, after holding its nose near the boy’s face an instant, as if listening if he was breathing, seemed satisfied that he was dead, and hastily covering him up with pine straw, ran hurriedly after the other boy.  As soon as the tiger was out of sight Stewart sprang to his feet and, taking a wide circuit, ran with all the speed he could command, and finally reached the house in safety.  The other boy reached the house some time before the tiger came in sight of it, and the brute, seeing that he was too late, hurried back to his first prey.

  If Stewart had moved while the tiger was biting his skull, or if he had breathed while the beast was listening, with its nose close to his face, he would have been torn into fragments; but the boy, have heard of many of the peculiarities of this ferocious beast, was prepared to profit by the knowledge.

 As soon as the boys told of their wonderful escape, three neighbors, all resolute men, determined to hunt down and kill the beast. They had one musket and two hunting knives. Taking a favorite deer hound, they proceeded to the swamp.  When near it they saw the dog take to the trail of the tiger and enter the bushes. In a few moments they hear a howl, then all was quite.  They knew the dog had been killed. Halting, they made a solemn compact to stand by each other to the last. Then they entered the swamp, the man with the musket in front and the others close behind, in Indian file, the front man with his musket ready and the other two with their knives drawn. They had not proceeded more than fifty yards in the swamp when the front man was felled to the ground. The tiger seemed to drop out of the clouds upon him. He fell on his back and the beast tried to seize his throat with its mouth, but he threw up his arm and that member was seized instead. In a moment the second man seized the musket, and, placing the muzzle close to the tiger’s side, fired the load of buck-shot through its body. It still held its hold. Clubbing the gun, he dealt the animal three powerful blows on the head, and still it did not release its victim.  The third man then threw himself upon the tiger and cut its throat. Then it loosened its grip and expired on top of its victim. The animal measured twelve feet from the end of its nose to the tip of its tail.

  A few years after the above occurrence Stewart, while feeding a cane mill; had one of his hands caught and drawn between the rollers and so badly mashed that the hand and a portion of the arm withered.

  Later on he was in the field at work, when a thunder storm came up and he was struck by lightning and left for dead. He came to however, and was all right in a few days.

  By this time he was old enough to take unto himself a wife, but the parents of his girl did not favor the alliance, so they decided on elopement. In those days, even, a hero could get married without shoes, so he started for his future wife, succeeded in getting her from the house and the happy pair were on their way to the parson’s when Stewart was bitten on the foot by a moccasin, a dangerous reptile. Even that did not stop him. They proceeded to the parson’s and were united in wedlock. Stewart did not die from the snake bite. History does not say whether the snake died.

  Next we hear of Stewart, he was being tried for his life for the murder of a man named Wheeler. The evidence was all against Stewart and everybody thought he would hang. He was defended by the now venerable Judge Hansell, of Thomasville, then a young lawyer just “starting out.” So able was the defense, so pathetically did the young lawyer dwell upon the many hairbreadth escapes of the prisoner, who seemingly had been preserved through them all through providential intervention, that the jury brought in such a verdict as to send him to the penitentiary for six years. While in the penitentiary he learned the painter’s trade, and after satisfying the sentence of law returned home, where we leave him.

   While in Irwin recently we learned the above facts from Rev. Jacob Young, who has the local history of all that county for forty or fifty years past at his fingers’ ends, so to speak.

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Ray City Masons Celebrated Saint John the Baptist Day In 1936

Masons Lodge 553, Ray City, Berrien County, Georgia

Masons Lodge 553, Ray City, Berrien County, Georgia

A 1936 newspaper clipping commented on the activities of the Ray City Masonic lodge No. 553,

Atlanta Daily World
July 8, 1936 Pg 2
Valdosta, Ga.

St. John’s Day was held at Ray City last Sunday. Prof. C.O. Davis was the speaker. Prof. Davis is the Deputy Grand Master of the Masonic Grand Lodge of Georgia.

Masons have been a part of Ray City, GA history since the beginning of the town.   The lodge in Ray City was constituted in 1909. In 1910, as the Methodist church was being organized in Ray City, a revival was held in the Masonic hall.

Ray City founder Thomas M. Ray was a Mason, as were Perry Thomas Knight, A. J. Pert, James Henry Swindle, Caswell Yawn, Dr. Pierce Hubert, Hod Clements, D. Edwin Griner and Lucius Jordan Clements among others.   In 1909, Lacy Lester Shaw served treasurer of Ray City lodge No. 553. From 1858 to 1878 Hardeman Sirmans was a member Butler Lodge, No. 211 in Milltown.

At the time of his death in 1907 Judge A. H. Hansell, of the Southern Circuit, was the oldest living Mason in the state of Georgia.

A marble stone set in the only remaining commercial brick building in Ray City, designates it as the “Masonic Building,” one time home of the Free & Accepted Masons Lodge No. 553.  At Brian Brown’s  Vanishing South Georgia blog, Ray City residents have commented on the history of this building, which once was home to the Ray City drugstore and later, the Victory Soda Shop.

Lucius Jordan Clements and Eugenia Watkins Clements in Masonic garb.

Lucius Jordan Clements and Eugenia Watkins Clements in Masonic garb. Image courtesy of http://www.yatesville.net/

The Free and Accepted Masons were active in the Wiregrass long before the formation of the lodge at Ray City in 1909.   Lodge No. 211 was incorporated 50 years earlier at Milltown (nka Lakeland, GA) in 1858.  Somewhat earlier, St. John the Baptist Lodge No. 184 was constituted at Troupville on November 2, 1854.   Circuit riding Methodist reverend John Slade was a member there,  as were Norman Campbell, and William C. Newbern.   Andrew J. Liles,  postmaster of Milltown, was a member. The Masonic lodge at old Troupville met on the first and third Tuesday nights upstairs in Swains Hotel, situated on the banks of Little River and owned by Morgan G. Swain.

According to the History of Lowndes County, GA, the officers  of St. John the Baptist Lodge No. 184 were:

Reverend Thomas W. Ellis, Worshipful Master;
Ephriam H. Platt, Senior Warden;
Benjamin C. Clay, Junior Warden;
Charles H. Howell, Secretary;
John Brown, Treasurer;
William H. Dasher, Senior Deacon;
J. T. C. Adams, Junior Deacon;
John B. Cashan, Tyler.

Other founding members in addition to  those mentioned above were:

William T. Roberts, James H. Carroll, Adam Graham, Thomas Moore, William Dees, Daniel Mathis, Thomas D. Wilkes, S. D. Smith, James Harrell, J. N. Waddy. William J. Mabry, George Brown, William Jones, J. C. Pautelle, J. R. M. Smith, Reverend F. R. C. Ellis, Robert B. Hester, , William Godfrey, W. D. M. Howell, Hustice Moore, J. Harris, W. H. Carter,  William A. Sanford, Willis Allen, Jeremiah Williams, William A. Carter, John R. Walker, William D. Martin, J. E. Stephens, R. W. Leverett, L. M. Ayers, S. Manning, James Carter, Willis Roland, John W. Clark, James A. Darsey,  the Entered Apprentices Judge Richard A. Peeples, William Ashley, J. J. Goldwire, snd Fellowcrafts William T. Roberts and Moses Smith.

Troupville lodge member William J. Mabry, moved in 1856 to Nashville, GA, seat of the newly created Berrien County, where he built the first Berrien court house in 1857 and also became the first Worshipful Master of Duncan Lodge No. 3. Later, the St. John the Baptist Lodge No. 184 was moved from Troupville to Valdosta, GA.

A post on the Masonic Traveler Blog by mason and artist, Greg Stewart explains the significance of Saint John the Baptist Day.

The Saint’s Johns appear to Freemasons in several places in our catechisms. Their proximity and use in our rituals have been questioned for many years as to their use and placement. Looked at together, saint John the Baptist and St. John the Evangelist serve to represent the balance in Masonry between zeal for the fraternity and learned equilibrium. The Saints John, stand in perfect parallel harmony representing that balance.

From a historical approach, The Saint John’s festival is said to be a widely celebrated Masonic holiday. Traditionally June 24th (or the summer Solstice) is taken to be John the Baptist’s day, which is celebrated in many cultures around the world. According to McCoy’s Masonic Dictionary, the Festival of St. John in summer is a duty of every Mason to participate in, and should serve to be a renewal and strengthening of fraternal ties and a celebration of Masonry from “olden-times”. It functions as a connection between the past and the future.

More on St. John’s Day via Masonic Traveler: Saint John the Baptist Day, Duality in One. June 24th.

Other Ray City Masons:

  • Eddie D. Boyette
  • Philip Dewitt Carter
  • Lorenzo D. Carter
  • William I. Barker
  • Dr. B. F. Julian
  • William Lawrence Swindle

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