Louisa Bird Peurifoy: Minister’s Wife

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Louisa Bird Peurifoy (1816-1878) was the wife of Reverend Tillman Dixon Peurifoy (1809-1872), a circuit-riding Methodist preacher who served on the Troupville Circuit in Lowndes County, GA in 1840. Old Lowndes County then also encompassed much of present day Berrien, Cook, Tift, Lanier and Echols counties and Troupville was the county seat for the pioneer settlers of Ray City, GA. In 1838, the Peurifoys lived in the Florida Territory, about 20 miles from Tallahassee. On the night of Saturday, March 31, 1838, while Reverend Peurifoy was away at a Methodist conference meeting, his family and African Americans he enslaved were massacred by Indians. The two PePrevious                                                                                             Nexturifoy children and three enslaved people were killed in the attack. Mrs. Peurifoy was horribly wounded.

Louisa Bird Peurifoy, wife of Reverend Tilman Dixon Peurifoy, survived an Indian attack in Jefferson County, Florida Territory on April 1, 1838.
Digital likeness of Louisa Bird Peurifoy reconstructed using AI technology.

Louisa Ann Bird Peurifoy was born September 10, 1816 in Edgefield County, SC. She was a daughter of Lucinda Brooks and Captain Daniel Bird. Her father, a native of Virginia, was a wealthy cotton planter and breeder of fine race horses. He owned hundreds of acres of land and twenty enslaved people. “In 1817 he was elected to the South Carolina House of Representatives where he served in the Twenty-third and Twenty-fourth General Assemblies (1818-1822). In 1822 he was elected Clerk of Court for the Edgefield District in which office he served from 1822 until 1830.

It appears in Louisa’s early childhood the family lived on one of her father’s plantations. When she was about nine, her father moved the family into Halcyon Grove, a magnificent mansion he had built near the Edgefield court house.

Halcyon Grove, Edgefield, SC. The mansion, built by Captain Daniel Bird, still serves as a residence today.

“The house was three stories, including the full attic. Two huge chimneys were at each end, providing fire places for the front rooms on the first and second floors. Two smaller chimneys were behind for the back rooms. The front porch was a narrow, two-story portico which was common in the early antebellum period. (This would later be changed to the porch we see today which extends across the entire front of the house.) Other architectural features included elaborately-carved mantelpieces, wainscoting, and an arch dividing the downstairs hallway. Additionally there were fanlights over the main hall doors upstairs and down, and a partially hidden staircase at the back hall leading to the second floor. The hardware for all of the doors was brass and of the best quality, for the hinges and locks have lasted for nearly two centuries. By any standards, this was, as a later commentator described it, ‘a handsome establishment, and a large and comfortable one.’”

The Story of Halcyon Grove

Louisa’s mother, Lucinda Brooks, died in 1826, and her father subsequently married Mrs. Behethland Brooks Simkins, sister of his deceased wife. The step-mother, Mrs. Simkins, was the widow of Jesse Simkins who had left her possessed of lands, money and enslaved people. Mrs. Simkins had four children of her own; Elizabeth Simkins, Emmala Simkins, Smith Simkins and Lawrence Simkins who became Louisa’s step-siblings. 

In 1830, Captain Bird’s household was enumerated in Edgefield County, SC with his wife and their nine children, and 14 enslaved people. Around that time, Captain Bird purchased a tract of land in Jefferson County in the Florida Territory, just south of the line of Lowndes County, GA. In 1832, Captain Bird moved his family, enslaved people and household goods from South Carolina to settle in Jefferson County, Florida Territory. The Bird’s most likely route through Wiregrass Georgia would have been via the Coffee Road which was opened up in 1827, the same year Jefferson County was created, and which ran from Jacksonville, GA to Tallahassee, FL. Arriving in Florida, the Birds first alighted at Waukeenah, about 11 miles south of Monticello, FL. Waukeenah was a resting point for travelers on the Old St. Augustine road (also known as the Bellamy Road), which ran from St. Augustine to Tallahassee to Pensacola, Florida.

Section of the Old St. Augustine Road near Tallahassee, FL. Image source: Public Domain.
Section of the Old St. Augustine Road near Tallahassee, FL. Image source: Public Domain.

Within a very short while, Captain Bird relocated to “Bunker Hill”, about 10 miles northwest of Monticello, FL where he established a large plantation. Bunker Hill was a rise on the mail route from Thomasville, GA to Monticello, FL; A post office with mail delivery every two weeks had been established there in 1829. Later Captain Bird bought a second plantation named “Nacoosa” south of Monticello,  which had been the home of Abram Bellamy (Jefferson County Library Digital History Project). By 1860, Bunker Hill Plantation and Nacoosa Plantation together comprised 1600 acres, where Bird worked 44 enslaved people.

Detail of A.J. Johnson's 1863 map of Florida with locations of Waukeena, Monticello, Bunker Hill and Tallahassee, and in Georgia the locations of Grooverville, Thomasville, and Troupville.
Detail of A.J. Johnson’s 1863 map of Florida with locations of Waukeena, Monticello, Bunker Hill and Tallahassee, and in Georgia the locations of Grooverville, Thomasville, and Troupville.

On June 13, 1833, Louisa Ann Bird married Tillman Dixon Peurifoy in Jefferson County, FL. The bride was 17 years old, the groom 25. Purifoy was a circuit riding Methodist minister who had been sent to Jefferson County to support the Methodist Episcopal Church’s mission in the Florida Territory, and a contemporary of Wiregrass circuit riders George W. Davis, Robert H. Howren, George Bishop, Capel Raiford, Robert Stripling, and John Slade. T.D. Peurifoy was a son of William Peurifoy born January 21, 1809 in Putnam County, GA. He had been baptized into the Methodist faith at the age of 15.  The Southern Christian Advocate said, “He commenced in the old Methodist way, leading the class, holding prayer-meetings in the neighbor hood, etc., and soon became very popular among the people, and useful in the church.” At 19 he was admitted as a minister in the Georgia Conference of the Methodist Episcopal Church. His father died the following year, and by age 21, he was appointed by the Georgia Conference to a station at Waynesboro, GA, riding on horseback to preach in communities in the area.

Announcement of Methodists Camp Meetings in the Milledgeville District, published July 1, 1833
Announcement of Methodists Camp Meetings in the Milledgeville District, published July 1, 1833

After marriage, Louisa and Tillman D. Peurifoy did not immediately settle in the Florida Territory. In October, 1833, Reverend Peurifoy was in Sparta, GA. Great camp meetings attended by thousands of Methodists were held at Shoulderbone Creek near Sparta. In those days, Methodists held camp meetings all over Georgia. In Lowndes County an annual Methodist revival was held at the old Lowndes Camp Ground, later called the Mount Zion Camp Ground.

In Putnam County, the Methodist gathered at the Rock Spring Camp Meeting. On October 4, 1833, while attending the camp meeting at Rock Spring, Reverend Peurifoy’s brother was robbed of a fine pocket watch, of the lever type; The lever escarpment mechanism, popularized in the 1820s, made a significant advancement in the accuracy of pocket watches.

October 16, 1833, Milledgeville Southern Recorder.

For the year 1834 the church assigned Reverend Peurifoy to the Cedar Creek station near Milledgeville, Baldwin County, GA.

It is located in perhaps the most beautiful valley in Georgia. Cedar Creek, a considerable stream, clear as
crystal, meanders through the valley, and along its banks are lands unsurpassed in fertility. The mountains are round about. Attracted by the beauty and fertility of the valley, many citizens of culture and wealth removed to it, and it became and has continued to this day a most delightful station.
” (- A History of Methodism in Georgia & Florida) The Cedar Creek Circuit covered some 1,400 square miles and ran through Jasper, Jones and Baldwin County, and a part of Putnam County, which was the county of Rev. Peurifoy’s birth. “Clinton, the county-site of Jones, was an appointment in the old Cedar Creek Circuit. It was a place of considerable importance, being in the midst of a fine cotton-producing country. In it there was much wealth and style, and alas ! infidelity and dissipation.

At the January 1835 meeting of the Georgia Conference of the Methodist Episcopal Church, young Reverend Peurifoy was serving in the St. Mary’s District. The conference was poorly attended “owing to the inclement weather.” It was reported that 27 ministers had not returned to appointments because of retirement or other reasons. Seventeen new ministers were appointed on trial. Peurifoy was one the few ministers in the conference without an appointment.

By 1838 Louisa had given her husband two children, Elizabeth Peurifoy and Lovic Pierce Peurifoy. Reverend Peurifoy was assigned to the Alachua Mission in the Florida Territory. The mission station was about two miles from the plantation home of Louisa’s father, Captain Daniel Bird and about twelve miles from Suwannee Springs, FL. The Peurifoys worked, and worked their enslaved people to carve a homestead for the Peurifoys out of the wilderness.

It was a perilous time to be on the southern frontier. There was a rising storm of conflict between the growing European-American population and Native Americans who violently resisted subjugation and removal to lands west of the Mississippi. Indians and whites spilled blood across Wiregrass Georgia and Florida. The Indian Wars had been underway since 1836. In Berrien County, GA skirmishes had been fought along the Alapaha River and a battle at Brushy Creek. In 1838, Captain Levi J. Knight had a militia company in the field in south Georgia.

But in the Florida Territory it was said the real fighting was a hundred miles distant from the area where the Peurifoys were homesteading, and part of Rev. Peurifoy’s Methodist mission was ministry to the Indians. He continued in his work and travels in the Alachua Mission, undoubtedly thinking his family was safe enough on their north Florida homestead.

That sense of security was shattered when the Peurifoy home place was destroyed. Louisa, her children and the Peurifoy’s enslaved people were at the homestead on the evening of March 31, 1838 when the Indians attacked. Her husband was away at a meeting of the church conference perhaps a two- or three-days ride distant. Within days, vivid accounts of the massacre were widely circulated in newspapers across the Wiregrass.

Reports of the Peurifoy massacre first appeared in the Tallahassee Floridian edition of Saturday, April 6, 1838. The report was reprinted in the Edgefield Advertiser on April 19, 1838. Mrs. Peurifoy was a native of Edgefield, SC.

 – On Saturday evening last, about dark, a party of Indians, supposed to number 30 or 40, attacked the dwelling of Mr. Purifoy, residing in the vicinity of the previous depredations, murdered two children and three negroes, plundered and set fire to the buildings, and made their escape – the children were burned in the dwelling. Mrs. Purifoy, although severely wounded, miraculously made her escape from the savages.  When the attack was made there were none but females about the premises, a fact supposed to have been known to the Indians.  Mrs. P. was lying in bed with her two children, heard a noise in her room and on looking up found it filled with Indians, who commenced discharging their rifles, several of them aimed at herself and children.  The children it is supposed were killed at once. Mrs. P. received a ball in her shoulder, which passed out at her breast. The savages next commenced hacking and stabbing her with their knives, and inflicted a number of severe wounds on her head and several parts of her body.  Their attention was a moment directed from her to a noise made by the servants in an adjoining room, when Mrs. P. taking advantage of this circumstance escaped to the yard, where she was again shot down, but succeeded in gaining the woods, intending to reach her father’s residence, Capt. Daniel Bird, about two miles distant.  Faint from the loss of blood and the severity of wounds, she was unable to proceed more than half a mile, where she was found next morning.   Mrs. P. received, we understand, ten distinct wounds, several very severe, but her physician entertains strong hopes of her recovery. – To heighten the catastrophe, Mr. Purifoy, whose children and slaves were slain, was absent from home, fulfilling his ministerial duties.
     As soon as the attack was discovered, the troops at Camp Carter, under Capt. Shehee, were sent for, but the Indians had dispersed in three parties and fled. Maj. Taylor with Capt. Newsam’s company joined Capt. S. on Monday morning, and have followed the several trails, but with what success we have not understood.
   The house attacked is several miles within the frontier settlements – the houses of most of which are picketed in. We trust the occurrence will awaken the United States authorities to do something more for the protection of our frontier. – Tallahassee Floridian

The wounded Louisa was carried on a makeshift stretcher to her father’s house. Most thought her wounds so grievous she could not live. When a letter carrying word of the attack reached Reverend Peurifoy at the conference he rushed home, but could not have arrived sooner than four or five days after the attack. Louisa, gravely wounded, was still clinging to life. In anguish, Rev. Peurifoy wrote a letter to his friend William Capers, a fellow Methodist minister and editor of the Southern Christian Advocate. Capers published the letter and news of the Peurifory Massacre was printed in newspapers around the world.

In time, Louisa got better, although some said she never fully recovered. Her little children, her home, her furnishings, all her possessions were lost. Of their Florida homestead, only the 11 surviving African-Americans enslaved by the Peurifoys remained.

Within months of the attack, Tillman Dixon Peurifoy submitted a claim to the federal government seeking compensation for “slaves killed by Indians.” Under an act of Congress, citizens were entitled to receive payment for their loss of “slave property.” But the House Committee on Indian Depredation Claims found adversely for Peurifoy’s claim, as the Government was “not liable for the loss of private property taken by the public enemy in time of war.

Tilman Dixon Peurifoy claim for Indian Depredations, United States House of Representatives.
Tilman Dixon Peurifoy claim for Indian Depredations, United States House of Representatives.

January 22, 1839
Read, and laid upon the table.

Mr. Giddings from the Committee of Claims, submitted the following REPORT:

The Committee of Claims, to whom was committed the petition of T. D. Peurify, report:

That the memorialist, in his petition, states that, on the first day of April, A. D. 1838, during the temporary absence of the petitioner, the Indians burnt his dwelling-house, situated in Jefferson county, in the Territory of Florida, destroyed his personal property, (including his household furniture,) and murdered three of his slaves, for which he asks indemnity.
The committee view the claim, as stated by the petitioner, to be one of those cases of loss by Indian depredations which have so often come before the committee and the House of Representatives, and on which indemnity has been uniformly refused. The Committee refer to the report of the Committee of Claims upon the memorial of the Legislature of the State of Alabama, made at the last session of the present Congress, (vide Reps. of Com. vol. 4, No. 932,) where the principles of that report, and recommend to the House the adoption of the following resolution:
Resolved, That the petition is not entitles to relief.
Thomas Allen, print.

After the massacre, Tillman Dixon Peurifoy took his wife and surviving enslaved people out of the Florida Territory and returned to Georgia. In the census of 1840 Tillman and Louisa, now with a young son, and 11 enslaved people were enumerated at Grooverville, GA. Grooverville was at the crossing of the Thomasville & Madison Road, and Sharpe’s Store Road, perhaps 15 miles east northeast of Bunker Hill. Lebanon Church, the Methodist house of worship at Grooverville, had been established about 1832.

Tillman D. Peurifoy was then appointed to the Troupville station in the Florida District, Georgia Conference of the Methodist Episcopal Church. Troupville, GA about 30 miles east of Grooverville, was then the seat of government of Lowndes County, GA. Troupville was the center of commerce and social activity for the region. The town was situated immediately in the fork made by the confluence of the Withlacoochee and Little rivers.  It was the site of the Lowndes County courthouse and jail, hotels, Methodist and Baptist churches, stores, shops, doctors and lawyers. Among residents of the town circa 1840 were William McAuley, Hiram Hall, John Studstill, William Lastinger, Joseph S. Burnett, William McDonald, William D. Branch, Jonathan Knight, William Smith, and James O. Goldwire.  “Of the merchants who did business there in the old days, were Moses and Aaron Smith,  E. B. Stafford,  Uriah Kemp, and Alfred Newburn,” according to an 1899 Sketch of Old Lowndes County. The Knight family, who were the original pioneer settlers of present day Ray City, GA, were among the prominent citizens of Lowndes County who frequented the town.

In January, 1841 the Peurifoys likely suffered yet another setback when floodwaters of the Harrison Freshet inundated Troupville. The low-lying town was completely flooded. When the annual Georgia Conference of the Methodist Episcopal Church convened in Macon, GA that month, Robert Howren was appointed to Troupville. No station appointment was reported for Tillman D. Peurifoy.

Between tragic losses in 1838 and possibly further difficulties in the flood of 1841, the Peurifoys were struggling financially. To get by Rev. Peurifoy was forced to borrow money from wealthier men in the area. He borrowed from John Bellamy, a planter in the Florida Territory; Thomas County, GA plantation owner Mitchell Brady Jones; Postmaster Daniel McCranie; Ebenezer J. Perkins; Thomas Robinson; and others. Given Wiregrass Georgia’s burgeoning slave economy, many of these loans were secured or settled through the mortgaging, selling or trading of enslaved peoples. Peurifoy himself was enumerated in the 1840 Census as the owner of 14 enslaved people. In the Grooverville district of Thomas County where the Peurifoys lived, more than half of the residents were enumerated as “owners” of enslaved African Americans. In Thomas County, the population in 1840 was 3,836 whites and 2,930 enslaved African-Americans;  by 1860 the enslaved population of Thomas County outnumbered the white population 6,244 to 4,488.

In January, 1842, Tillman D. Peurifoy borrowed $3,500 dollars from John Bellamy (1777-1845), putting up seven enslaved people as collateral for the loan. Bellamy was one of the wealthiest planters and most prominent political figures in the Florida Territory. His 3000 acre plantation was in Jefferson County along the Aucilla River east of Monticello. In 1826, Bellamy had been the government contractor for the construction of the Bellamy Road which was built with the labor of enslaved African Americans, and followed the path of the Old St. Augustine Road from St. Augustine to Tallahassee. Like the Coffee Road in south Georgia, the Bellamy Road did much to open the north Florida Territory for settlement.

In January 1843, Reverend Peurifoy was appointed to the Methodist station for Cuthbert and Fort Gaines, GA on the Chattahoochee River. Fort Gaines was the site of the Fort Gaines Female Institute and the Independent College for Young Men, boarding schools (not colleges as that word is used today) founded by Sereno Taylor, a prominent Baptist minister and owner of four enslaved people.

The financial woes of the Peurifoys continued in 1843. Legal documents show authorities in Leon County, Florida ordered the sale of his goods to settle debts, including the sale of people he enslaved.

Reverend Peurifoy had apparently been unable to repay the loan from John Bellamy and on January 19, 1843 Bellamy petitioned Judge Samuel James Douglas of the Superior Court of the Middle District of Florida for satisfaction. An abstract of the petition states the following without noting the outcome.

John Bellamy seeks to foreclose on a mortgage for seven slaves, signed by Tilman D. Peurifoy on 8 January 1842 as security for a promissory note of $3,500. The plaintiff maintains that Peurifoy has “wholly neglected and refused and still doth refuse to pay the same or any part thereof to your petitioner.” Bellamy asks that the slaves be sold, and if the proceeds of the sale are not sufficient to pay the debt, that other property of Peurifoy be subject to sale.

UNC Race & Slavery Project

In Thomas County, GA the Peurifoys were forced to give up their household possessions to be auctioned off to satisfy debts owed to Thomas Robinson and Daniel McCranie.

Legal advertisement in the Milledgeville Southern Recorder announcing the auction of household goods and personal property belonging to Tilman D. Peurifoy to satisfy debts owed to Thomas Robinson and Daniel McCranie.

In order to satisfy a debt owed to the firm of Jones & Baily the Thomas County Sheriff seized “slave property” of the Peurifoys in the person of the enslaved man Shedrach. The 30-year-old African-American man had likely been born into slavery in the United States to live in bondage his entire life. (The Act Prohibiting Importation of Slaves went into effect January 1, 1808, although some smuggling of slaves continued in southern states all the way up to the Civil War.  But the population of enslaved people continued to grow in the U.S. and the domestic slave trade flourished.)

Legal announcements in the April 25, 1843 edition of the Milledgeville Southern Recorder advertising the forced sale of an enslaved man named Shedrach and household property of Tilman Dixon Peurifoy.

Peurifoy also owed money to Ebenezer J. Perkins and others. Perkins was known as a money lender… and known for assiduously collecting the debts owed to him. Perkins had been indicted in May 1831 “for the offense of malicious mischief in breaking open the door of the boarding house of Isaac P. Brooks to the great annoyance of Mr. Brooks and his boarders.” At one time Perkins had partnered with Hamilton Sharpe, the well-know Methodist, merchant, and postmaster in Lowndes County, GA. In April 1843, Ebenezer J. Perkins, Mitchell B. Jones, and the firm of Jones & Bailey demanded the auction of a Thomasville city lot owned by Peurifoy in order to collect money Peurifoy owed them. A year later, Perkins was stabbed to death after attending the hanging of Samuel Mattox at Troupville, GA.

Thomas Sheriff’s Sales
Will be sold before the Court house door in the town of Thomasville, Thomas county, on the first Tuesday in April next, within the usual hours of sale, the following property, to wit…
one lot in the town of Thomasville, known as No 3, in square letter E, containing one half acre, with all the improvements thereon – levied on as the property of Tilman D. Purifoy to satisfy the following fi fas, two in favor of Mitchell B. Jones, one in favor of Ebenezer J. Perkins, and one in favor of Jones & Bailey, all vs said Tilman D. Purifoy

Milledgeville Southern Recorder, April 04, 1843

Even Reverend Peurifoy’s fellow Methodist ministers were among the debt collectors. Rev. Anderson Peeler, a circuit rider in the Florida District, acquired a lien against Peurify which had originally been filed by Mitchell B. Jones in the Thomas County, GA Inferior Court. At Rev. Peeler’s request the Thomas County Sheriff seized “property” owned Peurifoy to be auctioned off to settle the debt owed to him. The “property” was an enslaved African-American woman named Polly, who had likely suffered all the 50 years of her life in bondage. The “slave auction” was held on the steps of the Thomas County Courthouse, at Thomasville, GA.

Legal announcement advertising the forced sale of Polly, a woman enslaved by Methodist minister Tilman Dixon Peurifoy. The sale was ordered to satisfy debts debts owed to another Methodist minister. Milledgeville Southern Recorder, July 4, 1843.

In 1843, the Georgia Conference of the Methodist church assigned Rev. T.D. Peurifoy to the station at Cuthbert and Ft. Gaines, GA.

James O. Andrew, slave-owning Methodist Bishop, of Georgia. Image source: public domain.

By the 1840s, the ownership of enslaved people by ordained ministers generated substantial controversy within the Methodist Episcopal Church, as the national organization had long opposed slavery.  John Wesley, the founder of Methodism, had been appalled by slavery. Bishop James O. Andrew, of Georgia, was criticized by the 1844 General Convention for his ownership of enslaved people and suspended from office until such time as he should end his “connection with slavery.” Southern members disputed the Convention’s authority to discipline the bishop or to require slave-owning clergy to emancipate the people whom they considered as property. The differences over enslavement of human beings that would divide the nation during the mid-19th century were also dividing the Methodist Episcopal Church. The 1844 dispute led Methodists in the South to break off and form a separate denomination, the Methodist Episcopal Church, South (MEC,S), that accommodated slave ownership for its leaders as well as its members. By 1850 the U.S. Census of “Slave Inhabitants” of Georgia shows that Bishop James O. Andrew was the “slave owner” of 24 enslaved people.

Rev. T.D. Peurifoy was given the station at Lumpkin, GA for 1844. In January 1845, he was preaching in the Augusta District and assigned to the Waynesboro station. His circuit then included New Hope Church at Hephzibah, GA, one of the unheated, hewn log churches of the old pioneer days. “It was the rule or custom of this church to construe attendance upon its ‘love feasts’ for three consecutive occasions as prima facie evidence of a desire to enter its communion.” By about 1847, the membership had dwindle such that it ceased to serve as a house of worship.

In 1845, The Peurifoys were still deeply in debt. Louisa Peurifoy’s grandfather Zachariah S. Brooks gave her three enslaved people; a young African-American woman, her daughter, and her ten-year-old brother. These three enslaved people were deeded to Edmund Penn to hold in trust for Louisa, likely a move to protect this “slave property” from seizure by her husband’s creditors and to assure that they remained Louisa’s “property.” But in 1854, the Peurifoys would petition the State of South Carolina to break the trust and allow them to sell the enslaved young man, now 19 years-of-age.

Petition to the Chancellors of the State of South Carolina
Abstract:

Louisa and T. D. Peurifoy seek to sell a slave, whom she holds in trust. In 1845, Louisa’s grandfather, Zachariah S. Brooks, deeded to “Edmund Penn three negro slaves to wit Emily & her child Sarah & her brother Allen to be had & held in trust for” Louisa. Allen “is now about nineteen years old & is stout and able-bodied– but the said Allen is at the same time refractory, insubordinate & unruly.” The Peurifoys “have endeavored to control & govern him but in vain– that the said Allen will not submit to their authority or discipline & the result has been that the said slave contributes but little to their comfort or profit.” The Peurifoys pray that the court authorize Penn “to make sale” of Allen “and to invest the proceeds of such sale in the purchase of one or more negro slaves of more docile & submissive character.”

UNC Digital Library on American Slavery

The Peurifoys remained in the area of Augusta for the next couple of years. In 1846 they were living at The Rocks, about five miles from the city. They continued to sell off or rent out their enslaved people.

T.D. Peurifoy offers enslaved people for sale or rent in a September 27, 1846 advertisement in the Augusta Daily Chronicle

In 1846 Reverend T. D. Purifoy’s station was the Columbia Circuit. In 1847, he was sent to the Louisville Station.

Meanwhile, back in Florida, debt collectors were still after Peurifoy for the money he had borrowed from John Bellamy in 1842. Bellamy had died in 1845, but the Administrator of the Estate sought satisfaction in the Circuit Court of Jefferson County, FL. Whether Peurifoy responded to the court order to return to Florida or ever made good on the debt is not known.

Reverend Tilman D. Peurifoy summoned to appear before the Circuit Court of Jefferson County, Florida. Legal advertisement, Tallahassee Floridian, December 18, 1847.

Some time before 1850, the Peurifoys left Georgia and returned to Louisa’s roots in Edgefield County, SC, about 25 miles north of Augusta, GA. The 1850 enumeration of the Peurifoys in the Edgefield District lists Reverend and Mrs. Peurifoy, and their children, Daniel B. Peurifoy, Mary I. Peurifoy, Martha C. Peurifoy, and Eliza Peurifoy. Also in the Peurifoy household was a carpenter named John Dean.

1850 Census enumeration of Tilman D. Peurifoy and Louisa A. Peurifoy in Edgefield District, South Carolina.

Schedule 2 “Slave Inhabitants” in the 1850 Census shows that Rev. Peurifoy was the “Slave owner” of 14 enslaved people.

The 1850s saw a great revival among the Methodists in Edgefield, SC and Reverend T.D. Peurifoy played a prominent role in organizing the camp meetings that drove the revival spirit. In 1851, Peurifoy served on the Building Committee for Bethlehem Camp Ground

A multitude of religious revivals within the Methodist faith in Edgefield were reported throughout the decade in the pages of the Advertiser. The majority of these occurred at spring and summer camp meetings at both Mount Vernon Camp Ground and Bethlehem Camp Ground, both prominent Methodist camp meeting locations in the county… All of these drew large, passionate crowds and produced large numbers of conversion experiences and increased church membership… These revivals were a very public outpouring of religious fervor, and were instrumental in placing the evangelical faith at the forefront of community life in Edgefield.

Fighting For Revival
A notice in The Edgefield Advertiser, October 16, 1851 seeking a contractor for construction of an arbor at Bethlehem Camp Ground.

In South Carolina, Peurifoy’s preaching took him to New Chapel Church in Newberry County, about 40 miles north of Edgefield. An intimate friend…says in the Christian Neighbor, “I knew brother Peurifoy in the strength of his manhood, his sermons were pungent and powerful. He possessed the power of sharpening the arrows of truth, and hurling them with tremendous force into the ranks of the enemies of the cross. I first heard him in Newberry at New Chapel. Crowds flocked to hear him, and hung on his lips. Many were awakened and converted.

In 1855, T.D. Peurifoy was in the Shelbyville District, SC. But in 1856, he was “located” at his own request.

By 1860, it seems the Peurifoys had recovered from their previous debt. In the Census of 1860, Reverend Peurifoy’s real estate and personal property were valued at $22,875, which probably placed him in the top 10 percent of the wealthiest people in the Saluda Regiment, Edgefield District, South Carolina. Tillman Peurifoy’s occupation was given as farming. Much of the Peurifoys wealth was represented in the 15 people they enslaved, who ranged from an 80-year-old woman to a four-year-old girl. The Peurifoy’s son, Daniel, worked as the Overseer.

1860 census enumeration of Louisa Bird and Tillman Dixon Peurifoy, Saluda Regiment, Edgefield District, South Carolina.

It appears Louisa & Tillman Peurifoy remained in Edgefield County throughout the Civil War. Their son, Daniel Bird Peurifoy, served in the Confederate Army.

About 1862, Rev. Peurifoy suffered a paralytic stroke, “his strength failed, but he continued to preach as often as he could.” He was a representative of the Butler Circuit at the July 30, 1868 Cokesbury District Meeting of the Methodist Episcopal Church, South at Edgefield Courthouse. Peurifoy was appointed to the Committee on Family and Religion. His old friend William T. Capers was the delegate from the Cokesbury station.

Children of Louisa Bird and Tillman Dixon Peurifoy (birth dates from census records):

  1. Elizabeth Peurifoy (unknown–1838)
  2. Lovic Pierce Peurifoy (unknown–1838)
  3. Daniel Byrd Peurifoy (1839–1909), burial at Butler UMC Cemetery
  4. Mary Jane Peurifoy (1843–1910), burial at Butler UMC Cemetery
  5. Martha C. Peurifoy (1846–1900), burial at Butler UMC Cemetery
  6. Eliza A. Peurifoy (1849–1872), burial at Butler UMC Cemetery
  7. William Bascom Peurifoy (1854–1927), burial at Butler UMC Cemetery
  8. Julia Butler Peurifoy (1855–1931), burial at Butler UMC Cemetery
  9. Sallie Peurifoy (1858–1931), burial at Butler UMC Cemetery

The Census of 1870 shows that the Peurifoys remained in Edgefield County in the Saluda Division during Reconstruction. Their post office was at Oakland. The value of Peurifoy’s total estate had been reduced to $400 dollars.

1870 Census enumeration of the household of Tillman Dixon Peurifoy and Louisa Peurifoy.

In April, 1872 Reverend Peurifoy had a second stroke, “his work was done. He lingered for several weeks – never murmured, but was patient and resigned to the will of God from the beginning. And when he could no longer tell us, as he frequently had, of the peace and joye he realized through faith in Christ, (having lost the power of speech,) he would make signs with the hand he could move.” Rev. Peurifoy died June 4, 1872. He was buried in the cemetery at Butler Church, Saluda, SC.

The following tribute of respect was passed at Butler Church Conference, South Carolina.

Whereas, It has pleased Almighty God in his wise providence, to take out of this world the soul of our beloved brother, Rev. T. D. Peurifoy; therefore,

Resolved, That in the death of the Rev. T. D. Peurifoy, the Church has lost one of her most faithful ministers, the community one of its most honorable citizens.
2. That although we mourn the sad loss we have sustained in the death of brother Peurifoy, we bow in humble submission to the will of Him whose ways are true and righteous altogether.
3. That this Church Conference tender our hearty sympathies to the wife and children of the deceased, in this their sad bereavement, and commend them to the protection of Him, who has promised that His grace shall be sufficient at all times, for those who love, serve and obey Him.
Rev. G. W. McCreighton, Ch’n.
W. S. Crouch, Sec.

Southern Christian Advocate, October 23, 1872

Louisa Peurifoy died July 4, 1878. She was buried next to her husband in the Butler Church cemetery.

Grave of Louisa A. Peurifoy (1816-1878), wife of Reverend Tilman D. Peurifoy. Butler United Methodist Church Cemetery, Saluda, SC.

Related Posts:

An Antebellum Trial at Troupville

In 1932, James Nicholas Talley, a son of Berrien County, GA and member of the Macon Bar, published a dramatic account of court proceedings  that occurred in the 1840s in Troupville, county seat of old Lowndes County, Georgia.  Samuel Mattox, son of Aaron Mattox,  was charged in the September 7, 1843 murder of William Slaughter. The Studstill brothers,  Jonathan and Emanuel “Manny” Studstill, sons of Rachel Sirmans and Hustus Studstill (aka Eustus Studstill), were also implicated in the crime. In 1836, Samuel Mattox had been the first to discover Indians were active in then Lowndes county near Ten Mile Creek, prior to the Battle of Brushy Creek.  Ten Mile Creek, the locality of the Slaughter murder, lies slightly northeast of present day Ray City, GA.

Talley’s narrative of the murder of the Slaughter boy and the trials that ensued are transcribed below, along with contemporaneous news clippings of the events and other supplemental information.

AN ANTEBELLUM TRIAL AT TROUPVILLE

By J. N. TALLEY, of the Macon Bar

Late in the afternoon of September seventh, Eighteen Forty-three, a fifteen-year-old boy, William Slaughter, rode through the pine woods near Ten Mile creek. He was driving up a herd of cattle, for it was milking time at his father’s pioneer settlement in the upper part of Lowndes.

At a distant clearing, the calves having been rounded up and penned, Samuel Mattox and his wife, Rachel, the milker, stood at the pasture bars. With them were two young men of the neighborhood, Jonathan Studstill and his brother, Manuel, who had come over to see Mattox and make plans for an early deer hunt. While they were waiting somewhat impatiently for the cows, Manuel displayed a gun which he had brought along, a rifle  so rusty and antiquated in pattern that he declared, to the amusement of the group, it wouldn’t kill a steer at fifteen steps. They were “all in a laugh,” when the straggling herd, guided by the mounted boy, came into sight a quarter of a mile away.

The ford was soon reached, but there horse and rider stopped and, scattering out over a wiregrass level, the cows began to graze.

Observing from the calf lot this delay at the ford, Jonathan with a loud halloo ordered the boy to “come on.” William doubtless did not hear the command, for he continued to await the arrival of a brother from across the creek. From his stand by the fence, possibly actuated by the instinct of the hunter, perhaps-for no reason at all, Mattox closely contemplated the distant youthful figure in the fading light dimly outlined against the dense foliage of the swamp. While Mattox was so engaged, Manuel handed him the rifle and suggested that he shoot. Jonathan likewise said “shoot,” adding that the old firearm wouldn’t hit the side of a house. “Moved and seduced by the instigation of the Devil”, as was afterwards charged, Mattox took aim and sighted, first however, it is said, deliberately resting the rifle barrel on a heap of brush. “Stop” screamed Rachel, but the shot rang out, and through the clearing smoke the unoffending lad was seen to fall from his saddle.

Dropping the gun and leaving Rachel at the pasture bars, the men ran to the ford and found the stricken boy. Horrified they discovered that the ball, speeding with unexpected force and accuracy, had penetrated his skull. ­Realizing that the report of the gun had carried far and thinking to avert suspicion, Jonathan and Mattox roughly pressed a pine stick through the open wound into the substance of the brain. Upon receiving this shock, the prostrate and apparently lifeless form arose and for one awful moment stood, face distorted by pain and wide unseeing eyes fixed upon Jonathan. Seizing the horse, which had remained standing by its unconscious master,  Manuel rode away to summons help. Later when Samuel Slaughter, the brother, and [Captain John] Sanderson, a neighbor arrived, and the mother came up in her cart, they were told by Mattox and Jonathan how a random shot fired from across the creek had frightened the horse, how the boy had been violently thrown, and how in falling his head struck a pine knot. Pointing to the stick, Jonathan declared to the mother, “that snag proved your son’s death.”

Early next morning young Slaughter died. The locality where he was shot is still known locally as Slaughter’s Ford and is some five or six miles from the present town of Nashville in Berrien county.

 

Cause of Death Revealed by Hole in Hat.

The remote rural community had been thoroughly aroused. Samuel Slaughter, who heard the shot, maintained that it came from the direction of the calf pen, for at the time he himself had been “across the creek.”  The Studstills, Mattox and Rachel did much talking, and after several days Mattox acknowledged that it was he who fired the “random shot” which frightened the horse. The theory of accidental death was being generally accepted until one day Moses Slaughter at home took down his son’s hat and found a hole, clear cut and evidently made by a bullet. Then Sanderson, who had removed the stick, remembered that instead of being jammed it was loose and moved with the pulsations of the brain. The body was disinterred, a post-mortem made by Dr. Briggs of Troupville, and a rifle ball found imbedded in the left side of the head.

 A Warrant issued for the arrest of Mattox, who promptly sought refuge in the thickets about a secluded pool, afterwards called “the Mattox pond,” and now crossed by State Highway No. 11.


At this point in J. N. Talley’s story we can add that Samuel Mattox was captured and taken to Troupville, GA where he was incarcerated in the county jail. During this time the Jailor in Troupville was Morgan Swain, who was also a blacksmith and innkeeper.  Swain’s Hotel was favored by courtgoers, amicus curiae, and the just plain curious who flocked to town on court days.

As it happened, Mattox was held with cellmates Tarlton Swain and John Strickland.  Tarlton “Talt” Swain was the brother of Morgan Swain, and whereas Morgan represented law and order, Talt Swain and his posse were the community Bad Boys.  It is said that Talt  not being of a mind to take chances with a court trial, effected an escape.  The Milledgeville Federal Union reported the fugitives’ flight and the Governor’s offer of reward for their capture:

Samuel Mattox escapes from Troupville, GA jail, 1843.

Federal Union, Nov. 21, 1843 — page 1

GEORGIA:

A Proclamation

By Charles J. McDonald, Governor of said State.

Whereas, official information has been received at this Department, that SAMUEL MATTOX, charged with the offence of murder, and TARLTON SWAIN and JOHN STRICKLAND, charged with the offence of aiding prisoner to escape from Jail, in the county of Lowndes, have made their escape from the Jail of said county.  Now in order that the said Samuel Mattox, Tarlton Swain and John Strickland, may be brought to trial for the offence of which they stand charged; I have thought proper to issue this my Proclamation, hereby offering a reward of ONE HUNDRED DOLLARS, for the apprehension and delivery of either, or THREE HUNDRED DOLLARS for all three, to the Sheriff or Jailer of said county; and I do moreover, charge and require all officers, civil and military in this State, to aid and assist in apprehending and securing said fugitives.
Given under my hand, and the Great Seal of the State, at the Capitol in Milledgeville, this the 7th day of November, 1843, and of the American Independence the sixty-eighth.

CHARLES J. McDONALD.

By the Governor,

J. W. A. Sanford, Secretary of State,

Nov. 7 1843.

The Governor’s offer of a reward was issued by Georgia Secretary of State John William Augustine Sanford.  Sanford had been prosecutor Augustin H. Hansell‘s commanding officer in the Indian Wars of 1836.

It is interesting to note that the legal classified advertisement following the reward announcement  above was for the law offices Samuel Spencer and H. S. Stewart.  Spencer’s presence in Troupville, or the lack thereof, would figure prominently in later court proceedings during the trial of Jonathan Studstill.

Mattox was apparently captured in a timely manner and remanded back to the jail at Troupville to stand trial.

Resuming the account by J.N. Talley:

Mattox Convicted

At Troupville, Mattox was put on trial for his life, convicted, and sentenced to death. The many vital questions argued by counsel were finally decided by the then highest judicial authority, a superior court judge, for there was no supreme court, and no appeal.

New York Herald, June 24, 1844. Samuel Mattox convicted of murder in Lowndes County, GA.

New York Herald, June 24, 1844. Samuel Mattox convicted of murder in Lowndes County, GA.

The execution took place in July (probably 1844) on a hill just east of the Withlacoochee river, and was conducted by sheriff John Towels, who happened to be an intimate friend of the victim. The hanging was witnessed by a crowd said to have been the largest, with one exception, ever assembled at Troupville, the exception being a circus in the late 50’s which for all time set an attendance record at Lowndes’ antebellum capital.

1844 Hanging of Samuel Mattox at Troupville, GA was reported in the Milledgeville Southern Reporter, August 13, 1844 edition.

1844 Hanging of Samuel Mattox at Troupville, GA was reported in the Milledgeville Southern Reporter, August 13, 1844 edition.

Milledgeville Southern Reporter
August 13, 1844

Troupville, Lowndes Co.,
July 30, 1844.

Messrs. Editors:  – Samuel Mattox was found guilty of the murder of William Slaughter, at the last term of our Court, and sentenced to be hung on Friday last, which was done in presence of one thousand persons, as we suppose; and the very next day, (last Saturday.) Alexander McFail killed Ebenezer J. Perkins, by stabbing him. Thus it is among us: one scene of murder succeeds another in such rapid succession, that it is alarming and distressing. McFail has fled.

Truly yours, &c.

J. N. Talley noted in his narrative that, “The records of the Mattox trial were destroyed when the courthouse burned in June, 1858.” From later news clippings, we know that one of the jurors was Ajaniah Smith, who later moved to Baker’s Mill, FL.

Tifton Gazette, March 8, 1901 clipping indicates Ajaniah Smith served on the jury at the trial of Samuel Mattox in 1844.

Tifton Gazette, March 8, 1901 clipping indicates Ajaniah Smith served on the jury at the trial of Samuel Mattox in 1844.

Tifton Gazette
March 8, 1901

Mr. A. Smith, of Baker’s Mill, Fla., is one of the old-timers in this section and was the first sheriff that Brooks county had.  He also fought the Indians in this section, and served on the jury which hanged Samuel Mattox for the murder of a son of Moses Slaughter, in Berrien county many years ago. – Valdosta Times.

Talley documents that  in the matter of the murder of William Slaughter the legal proceedings were an incredibly drawn out affair, stretching over a seven year period. His narrative picks up in 1848 with the trial of Jonathan Studstill, who allegedly aided and abetted the murder of Slaughter.

The Studstill Case

The Studstill brothers had been indicted for murder in the second degree, a capital felony. The charge against them was not tried until 1848, five years after the crime had been committed. Throughout this long period Jonathan languished in Troupville’s little jail near the banks of the Withlacoochee. In the meantime Rachel Mattox had become Rachel Bailey. This comely, young woman seemed dogged by the spectre of crime. Her second husband [Burrell Hamilton Bailey] some years later was also tried for murder, but found not guilty.  (SEE Showdown in Allapaha and  The State vs Burrell Hamilton Bailey)

Troupville in 1848, boasted of three hotels and four lawyers. The resident bar, normally adequate for local needs, was more or less eclipsed by the semi-annual advent of the circuit riders. These perambulatory dignitaries, traveling in gigs and sulkies or on horseback, that year had begun their ­”Fall’ riding at Dublin on the first Monday in September.

An Old Indictment

The following indictment had been returned against Jonathan and Manuel Studstill:

GEORGIA, LOWNDES COUNTY.

The Grand Jurors, etc., in the name and behalf of the citizens of Georgia, charge and accuse Manuel Studstill and Jonathan Studstill, both of the County and State aforesaid, with the offence of murder, as principals in the second degree. For that one Samuel Mattox, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 7th day of September, 1843, with force and arms in the County aforesaid, in and upon one William Slaughter, in the peace of the State then and there being, feloniously, unlawfully, wilfully, and of his malice aforethought, then and there did make an assault, and that he, the said Samuel Mattox a certain rifle gun of the value of twenty dollars, the property of Manuel Studstill, then and there being found, the said rifle gun being then and there charged with gunpowder and a leaden bullet, which rifle gun he, the said Samuel Mattox, in both his hands then and there had and held at, against and upon him, the said William Slaughter, then and there feloniously, unlawfully, and of his malice aforethought, did discharge and shoot off; and that he, the said Samuel Mattox, with the leaden bullet aforesaid, by force of the gunpowder aforesaid, so by him, the said Samuel Mattox as aforesaid, discharged and shot off, him, the said William Slaughter, in and upon the left side of the head of him, the said William Slaughter, then and there feloniously, unlawfully, wilfully, and of his malice aforethought, did strike and wound, giving to the said William Slaughter, then and there, with the leaden bullet aforesaid, out of the said rifle gun, so as aforesaid discharged and shot off, in and upon the said left side of the head of him, the said William Slaughter, one mortal wound of the breadth of one inch and depth of two inches, of which said mortal wound he, the said William Slaughter, on and from the said 7th day September, in the year aforesaid, until the 8th day of September, in the year aforesaid, at the house of one Moses Slaughter, in the County aforesaid, did languish, and languishing did live, on which said 8th day of September, in the year aforesaid, about the hour of nine o’clock, in the morning, he, the said William Slaughter, at the house of said Moses Slaughter, in the County aforesaid, of the mortal wound aforesaid, died.

And the jurors aforesaid, on their oaths aforesaid, do say, that the said Manuel Studstill and the said Jonathan Studstill, on the said 7th day of September, in the year aforesaid, in the County and State aforesaid, then and there feloniously, wilfully, unlawfully, and of their malice aforethought, were present, aiding helping, abetting, comforting, assisting and maintaining the said Samuel Mattox in the felony and murder aforesaid, in manner and form aforesaid, to do and commit, contrary to the laws of said State, etc.

This indictment language, convoluted and legally flawed as it was, became an exemplar of indictments, and was cited in legal forms encyclopedias for decades afterwards.  Although the Lowndes court records of this trial were also lost in the courthouse fire of 1858, we know from other court records that the foreman of the jury was Thomas M. Boston.

The Court Room

The State against Manuel and Jonathan Studstill, murder, was sounded for trial at the December term, 1848. The small scantily furnished court room was crowded. Within the bar a dozen or more lawyers occupied cowhide bottom chairs irregularly arranged behind plain pine tables. These tables supported sundry well-worn but highly prized volumes of law, a nondescript collection of ink wells and quill pens, and numerous resplendent stove pipe hats carefully deposited upside down. Trained under his uncles, Eli and Lott Warren, the presiding judge James Jackson Scarborough had become one of the outstanding lawyers of two circuits. His reputation at the bar, however, it is said, was surpassed by that which he attained while on the bench, and “there was a child-like simplicity about him which blended with his legal acumen and judicial ability made him a refreshing character.”  Augustin H. Hansell, solicitor general, appeared for the prosecution. The following year he was to succeed Scarborough as Judge of the Southern Circuit, a station which he occupied and conspicuously adorned during forty-three years. To assist in the prosecution had been retained Samuel Rockwell, rich in garnered experience and gifted in forensic oratory. On behalf of the Studstills appeared the learned Carlton B. Cole, twice judge of the Southern Circuit and destined in after years to preside over the courts of the Macon Circuit, and with Clifford Anderson and Walter B. Hill to form the first faculty of the Law School at Mercer University.

According to J. T. Shelton’s Pines and Pioneers, Carlton B. Cole was assisted by Peter Love, John J. Underwood, Clark, and Samuel Spencer.

Procedure Reviewed

The State being ready, the first motion came from the defendants who asked for a severance and that they be tried separately.  This granted, Hansell announced that Manuel’s case would be taken up first. Cautiously refraining from announcing that Manuel was ready for trial, Cole informed the court of a pending plea of autrefois acquit.  Issue being joined, there was a complete trial, which ended in a verdict against the plea. Thereupon Hansell announced that the State elected to put Jonathan on trial. This unexpected action was vigorously protested by Cole who insisted that the prosecution could not abandon the case on trial and take up that of Jonathan; Judge Scarborough held, however, that the disposition of the plea was merely the removal of an obstacle out of the way and not a part of the main trial, and directed Jonathan to plead. Cole now moved for a continuance of Jonathan’s case on account of the absence of Samuel Spencer, a member of the Thomasville bar, who was then at Tallahassee in attendance on a meeting of the Presidential Electors, the first to be held in the new state of Florida. In support of this motion it was shown that one [William] Holliday had been subpoenaed by the State for the purpose of proving that in a conversation Jonathan had confessed his guilt. Spencer was expected to testify that Holliday afterwards admitted being “so beastly drunk” on the occasion in question as to have been utterly incapable of understanding the conversation or anything else. The motion was overruled, but the prudent Hansell during the trial was careful not to call Holliday as a witness, thus avoiding the effect of a favorable ruling which might constitute reversible error.  These preliminaries disposed of, at a word from his attorney, Jonathan slowly walked to the prisoner’s dock and awkwardly stood there for arraignment and plea. Already knowing what the State held against him, the prisoner soon tired of listening to the verbose indictment, and turned his gaze straight to a window by the judge’s bench. There, beyond the moss draped trees fringing the Withlacoochee he saw the very hill where a few years before an enormous crowd had gathered to make of Mattox’ hanging a Roman holiday.

With jury in the box the stage was set for the trial of Jonathan’s case upon its merits.

The Trial Proceeds

The attention of all in the court room centered upon Augustin H. Hansell as he arose to open the case for the State. In appearance the young solicitor general was tall and strikingly handsome, clean shaven, his abundant hair worn rather long as was the fashion, and his dress, that affected by gentlemen of his profession – dark frock coat, trousers neatly fitting over high boots, waistcoat of gaily flowered silk, surmounted by the folds of a black stock sharply contrasting with his gleaming linen. The prosecuting attorney told the jury that if the State produced that proof the nature of which he had outlined, it would be their duty to find Jonathan guilty.

Before any evidence was submitted, the dignified Cole, addressing the judge, stated that even if the State’s proof should measure up to the expectations of the learned solicitor general, yet the jury would be bound to acquit the prisoner, and moved the court for a directed verdict of not guilty. It was pointed out by Cole that although the indictment charged Jonathan with murder in the second degree, it nowhere directly charged Mattox, the principal, with the offense of murder. While the offense had been described in the body of the indictment, nevertheless, argued Cole, there was at its conclusion no express allegation that Mattox had murdered the deceased, and that the omitted expression, technical though it was, could be supplied by no other. 2 Hawk. Pl. Cr. 224.

The attorneys for the State could not controvert the proposition that this objection to the indictment was fatal at common law. They contended, however, that the rule laid down did not apply to a principal in the second degree, but could find no authority. Driven from the principles and precedents of the cherished common law, the prosecution was reluctantly forced to fall back upon that section of the penal code of 1833, which provided that every indictment shall be deemed sufficiently technical which states an offense in the language of the code or so plainly that the nature of the offense may be understood by the jury. Prince 658.

Notwithstanding the indictment was an imperfect specimen of the draughtsman’s art, yet its meaning being understandable, the judge was constrained to overrule the motion.

Over the objection of the defendant, the indictment against Mattox, together with verdict and judgment and certain confessions made by him, were offered in evidence by the State, and then from the stand was narrated the story of how the boy while driving up his father’s cattle had been shot at the ford on Ten Mile Creek.

Rachel, the chief witness for the prosecution, and perhaps the only woman in the crowded court room, found herself in a trying situation. On the one side was fixed upon her the stern gaze of the unrelenting old pioneer settler, and on the other she beheld the kindly pleading eyes of Jonathan, friend of her former husband. Under these circumstances she clung to the anchor of remembered truth and testified that she heard Jonathan and Manuel tell Mattox to shoot, that the gun wouldn’t hit a boy at fifteen steps, but that she did not know whether her husband took aim or fired at random. Opposing her statement was that of Manuel who said he did not hand Mattox the gun, that so far as he saw or heard, his brother had nothing to do with the killing, and that he did not hear Rachel tell Mattox not to shoot,

The evidence concluded, on the law Cole argued that because of the great distance, the killing was not a probable consequence of the negligent act, therefore, the homicide was reduced to involuntary manslaughter as to which there could be no principal in the second degree. The State, however, contended that since the shooting itself was an unlawful act, the defendant was guilty, if the killing was even a possible consequence.

Argument Long and Loud

As soon as the first outburst of impassioned eloquence put the village on notice that jury speaking had begun, men came running from the square, the groceries, the taverns, and stables, and soon taxed the capacity of the courtroom. The anticipation of this probable consequence, it may be remarked without impropriety, did not prevent the aforesaid outburst from being made both early and loud, for it should be remembered that in those days the perambulatory attorney usually had in mind not only the case in hand but two others in the bush, and frequently also political preferment in the offing.

To most of those present, the jury speaking, which embraced argument, anecdote, pathos, oratorical flights, and sharp clashes between counsel, was the high point of the semi-annual entertainment presented by the court. The distinguished and resourceful antagonists no doubt made free use of all the material afforded by the case on trial, and we may imagine how in the disputation poor Rachel was bandied and buffeted back and forth – now thrown down as weak, simple, dominated, untrustworthy –  now exalted as a paragon of unswerving truth and womanly virtue. 

In his charge Judge Scarborough no doubt “summed up” the testimony as is still done in the United States Court, and may have expressed his opinion. Certain it is, the Judge stated to the jury if Rachel swore the truth the defendant was guilty. In view of the hard circumstances of this unusual case and the prominence given her testimony, it is not unlikely the jury conceived the practical question to their determination to be, Did Rachel swear the truth? Since an effort at her impeachment had miserably failed, it was perhaps, easy for them to conclude that she was a truthful witness, and, therefore, to decide, as they did, that Jonathan was guilty of murder.

The pageantry of the trial over, its excitement and suspense ended, a wave of sympathy appeared to move the hushed crowd of curious onlookers.  As they heard the fearsome pronouncement of the judge, interrupted only by the stifled sobs of Rachel, and saw Jonathan standing at the bar, with his staring gaze fixed upon the barren hilltop beyond the Withlacoochee.

Conviction Affirmed

The conviction was affirmed by the Supreme Court sitting at Hawkinsville at the June Term, 1849. Studstill vs. State  7 Ga. 2. 

In sustaining Judge Scarborough’s ruling that the indictment was good, although it did not meet the technical requirements of the common law, Justice Joseph Henry Lumpkin used the following language:

 “The age is past for the civil and criminal justice of the country to be defeated by the absence or presence of one or more ‘absque hocs,’ ‘then and theres,’ videlicts,’ etc. And for one, I rejoice to see edifices built, although they may be ‘with the granite of Littleton, the cement of Coke, the trowel of Blackstone, and the Masonic genius of a hundred Chief justiciaries, and covered with the moss of many generations,’ swaying beneath the sturdy blows so unsparingly applied by the hand of reform. Why should the spirit of progress which is abroad in the World, and which is heaving and agitating the public mined in respect to the arts, sciences, politics and religion, halt upon the vestibule of our temples of justice? Why not penetrate tearlessly, the precincts of the Bar and Bench, and remodel the principles and practice of the old common law, to accommodate it to the enlightenment of a rapidly advancing civilization? Our courts should co-operate cordially with the Legislature in building up a modernized jurisprudence, upon the broadest foundations.” _­Studstill vs. State, 7 Ga. 2.

Jonathan Receives Pardon

By an act approved February 6, 1850, the General Assembly granted to Jonathan Studstill a pardon and declared him entirely exonerated and discharged from the pains and penalties of his conviction and sentence “as fully, freely and entirely as if such conviction and sentence had never taken place or the offense committed.”

After this disposition of Jonathan’s case, apparently the prosecution against Manuel was abandoned.

Pardon of Jonathan Studstill, Acts of the State of Georgia 1849-50.

Pardon of Jonathan Studstill, Acts of the State of Georgia 1849-50.

 AN ACT to pardon Jonathan Studstill of the county of Lowndes.

Whereas at a Superior Court held in and for the county of Lowndes, at December Term, 1848, Jonathan Studstill was convicted of the crime of murder; and whereas petitions from a large number of the citizens of said county of Lowndes have been presented to the General Assembly, asking the exercise of legislative clemency:
Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the said Jonathan Studstill be and he is hereby declared to be freely, fully and entirely pardoned, exonerated, and discharged from the pains and penalties of his said convictions and sentence as fully, freely and entirely as if such conviction and sentence had never taken place or the offence committed.
Approved, February 6, 1850.

∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫∫

The Dumb Act

 It is significant that the same legislature passed a statute, approved February 21, known as “the Dumb Act of 1850,”which made it unlawful for any superior court judge in his charge to the jury to express or intimate his opinion as to what has or has not been proved or as to the guilt of the accused. There was at the time a considerable sentiment in favor of curbing the judiciary, but the Studstill case was probably one of the leading factors which crystallized that sentiment in Georgia.

The bill which became known as the Dumb Act was introduced by Richard H. Clark, then a senator living at Albany. Incidentally it is interesting to note that the author of the bill himself subsequently occupied the judicial station for twenty-two years. We are told this distinguished jurist would sometimes lose sight of the restraints thrown around the judge by our peculiar system of jurisprudence and appear to invade the province of the jury, and that most of the reversals of his judgment by the supreme court were based upon exceptions to alleged expressions of opinion before the jury. 99 Ga. 817

Judge Clark was familiar with the Studstill case, and in 1876 he referred to it as “one of the most interesting cases in the judicial annals of the State.” (58 Ga. 610).

 

Old Troupville

Lowndes County in 1843, when young Slaughter was killed, lay between Thomas and Ware, extended from the Florida line northward ninety miles, and was very sparsely settled. Its first county seat Franklinville, on the Withlacoochee two miles west of Cat Creek, had been abandoned ten years before and a permanent capital established at Troupville, a village situated in the angle formed by the confluence of the Little and Withlacoochee rivers, some six miles distant from the site of the present city of Valdosta.

At the time of the Studstill trial in 1848 Troupville was still a small village the next decade however, being a gateway to the new state of Florida, and supposed to be on the line of a projected railroad from Savannah, its growth was almost phenomenal.  At one time its bar consisted of thirteen members. Its newspaper The South Georgia Watchman, was the predecessor of the Valdosta Times.

When attending court, the judge and lawyers usually stopped at a tavern widely famed for its hospitality and presided over by a genial host, who was affectionately called “Uncle Billy Smith”. Across the street from the inn was the public square. On this was situated not only the court-house and jail, but also the stables belonging to the stage line and a convenient “grocery”.

The orderly decorum of the court room at Troupville was occasionally disturbed by energetic but short-lived fist fights on the square, but another disturbance occurring periodically had the more serious effect of halting the court. This was preceded by the shrill blasting of a bugle, followed by the measured“ beat of galloping horses and the loud, reverberations of the lumbering stage coach from Thomasville, as it rattled across the boards of Little River bridge. The forced recess continued until the stage with four fresh horses crossed over the Withlacoochee bridge and departed on its long journey through the pines to Waresborough.

A source of interruption within the court room itself was the practice of having grand jury witnesses sworn in open court. From time to time, more or less inopportune, a grand juror escorting two or three witnesses would appear at the bar, where upon the business in hand was suspended until the oath could be administered. These interjected proceedings were narrowly watched, and not infrequently a bystander, whose conduct was about to be investigated would be seen to make a hurried departure for the purpose of securing temporary immunity from punishment should the grand jury return a presentment.

The general complexion of a court crowd in those times differed somewhat from that of the post bellum period in that the black population remained at home, excepting the family coachman. These privileged and interesting characters contributed their bit to entertain the transients on the square, while their influential masters within the courtroom occupied chairs and hobnobbed with the dignitaries of bench and bar.

Court Week always attracted a great concourse of people. Some attended from necessity or compulsion, some to enjoy the feast of erudition and eloquence; others to trade, traffic or electioneer, but to many it was an occasion for much drinking and horse swapping, and for indulgence in cock fighting, horse racing, and other “Worldly amusements” for which Troupville became somewhat notorious. Indeed, among the Godly, it was regarded as a wild town – almost as wicked as Hawkinsville.

 

A Vanished Town

Now beneath a spreading oak that shades the old Stage road, a granite marker points out to passers-by the place where once stood Troupville – the far famed capital of Lowndes.

Only the rivers there remain, eternally the same –
Black waters, musically slipping,
Whose ripples sway the gray moss dipping
From hoary overhanging, trees
That murmur to the whispering breeze
Old tales of ancient memories.

-30-

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Norman Campbell Collected Taxes, Fought Indians

Norman Campbell, Wiregrass Pioneer, participated in the 1836 Battle of Brushy Creek, near present day Adel, GA.

Norman Campbell, Wiregrass Pioneer, participated in the 1836 Battle of Brushy Creek, near present day Adel, GA.

Norman Campbell was a Wiregrass Pioneer who came to south Georgia with his family in 1829.  His parents,  Alexander Campbell and Flora Morrison Campbell, had come to America from the Isle of Skye, Scotland in 1788, the same year the U. S. Constitution went into effect.

Norman Campbell was an early tax collector of Lowndes County, back when it included the present day counties of Berrien, Clinch, Lanier, Echols, Cook, and Brooks.  Three times a year he made a circuit around the county, an eleven days ride, to collect the taxes.

At age 26, Campbell was among the troops who fought in the 1836 Battle of Brushy Creek, described as one of the last real Indian fight in the immediate vicinity. Some 65 years later,  the Atlanta Constitution recounted Campbell’s role in the episode:

He also participated in the Indian fight here in July, 1836, when the Creek Indians passed through here in their attempt to reach the Seminoles in Florida. He tells of his encounter with were an Indian in that fight. It was a running skirmish through the woods and he became detached from his party. Suddenly his horse shied and he discovered an Indian behind a tree. The Indian attempted to shoot him, but the gun only snapped. Dismounting, he approached the Indian, slowly raising his gun to his shoulder. He said if the Indian had begged for his life he intended to spare him, but the man stood quite still, clinched [sic] his teeth and looked him in the eyes with no sign of surrender, so he shot him.

Norman Campbell came to the area about 1829 and first made his home in the area of Troupville, GA.  He owned all of land lots #221 and #240,  each consisting of 490 acres. That land was sold at auction to satisfy a debt in 1848:

Albany Patriot
July 15, 1848 pg 4

Lowndes Sheriff’s Sale.

On the first Tuesday in August next. Will be sold before the Court House door in the town of Troupville, Lowndes county, between the usual hours of sale, the following property to wit:
Also, 980 acres of land drawn by lots Nos. two hundred and twenty-one, (221,) two hundred and forty, (240,) all in the twelfth district, of originally Irwin now Lowndes county, levied on as the property of Norman Campbell to satisfy a fi fa from Lowndes Inferior Court, the Central Bank of Georgia vs Mary Graham maker, Dugald B. Graham, Norman Campbell and Moses Smith, adm’r., on the estatd [sic] of Ebenezer J. Perkins, Endorser.

(Ebenezer J. Perkins, the endorser on the loan made to Mary Graham, had been stabbed to death four years earlier at the hanging of Samuel Mattox at Troupville, GA.)

A brief 1896 account of the early pioneers of Morven, GA  remarked upon Norman Campbell’s early days in the county:

The Atlanta Constitution
May 25, 1896 Pg 3

GEORGIA  PIONEERS: Morven Has a Number of Them in Her Borders

Morven, Ga., May 24. –(Special.)– There are some very old people in this district, among them being Mr. Norman Campbell, who came to this county in 1829. He was then a young man. Mr. Campbell is a full-blooded Scotchman. In 1846 he ran a wagon from Morven, then Sharp’s store to Magnolia, what was then a seaport town near the mouth of St. Marks river on the coast below Tallahassee, Fla.  He hauled cotton down there and brought salt back.  Cotton brought 3 to 4 cents per pound and salt brought in this county from $3 to $7 a sack, yet the people made some money and were contented.  In this section are several other old men. Mr. George Mitchell is about eighty-six and so is John Delk.  Mr. Mitchell came from Robeson county, North Carolina, and Mr. Delk from Liberty county, Georgia.  Messrs. Campbell, Mitchell and Delk are the three oldest men in that section – all over eighty-five years old. Not very far behind these in age are Phillip Hiers, Rev. John Hendry and Richard Scruggs.  Mr. George Mitchell gave Morven its name.

The 1902 article from the Atlanta Constitution gave a more complete account of Campbell’s life:

The Atlanta Constitution
October 13, 1902  Pg 3

PATRIARCH OF BROOKS MARRIED AT 63, NOW 92

Quitman, Ga., October 12. –(Special Correspondence.)– There are perhaps few more interesting characters in Brooks county than Norman Campbell.  As the name indicates, he is of Scotch descent.  His father and mother came to North America from the Isle of Skye in 1788, when they were children.  He remembers that his grandmother  could not speak a word of English and his parents invariably spoke Scotch with each other and their children spoke Scotch, Mr. Campbell not learning English until he was 8 years old.  The Campbells came here in pioneer days from Telfair county.  Mr. Campbell, who was born in 1910, is now 92 years old and has spent most of his life here and knows much of the early history of the country, and has played a part in all of it. He has now come down to a serene old age, as his picture shows.
    These latter years he spends all of his time, winter and summer, when the weather is dry, under a giant chinaberry tree in front of his house.
    It was here your correspondent found him one sunny afternoon recently in the very attitude of the picture.  Mr. Campbell has lived in this house seventy-two years.
    He was the only son of the family and he had seven sisters.  He did not marry, and after his parents’ death took care of his sisters until they married and left him.  Two of them died and he took their children and reared them.  In time these nieces and nephews also grew up and left him, and at the age of 63 he found himself quite alone, so he decided to marry.
    After three visits to Miss Wilkes, a young woman of 30 years, who lived in Berrien county, he asked her to marry him, and she did.  When they got home they found a long table erected in front of the house with a wedding dinner on it, and everybody in the neighborhood present to welcome them.  The couple had three children, and now there are three little grandchildren, all of them remarkably beautiful babies.
    Naturally Mr. Campbell has a store of reminiscences.  He was the first tax collector of the county when it included all of the present Brooks, Berrien , Lowndes, Clinch and Echols counties.  This was in 1836, and the taxes amounted to $332.  He also participated in the Indian fight here in July, 1836, when the Creek Indians passed through here in their attempt to join the Seminoles in Florida.  He tells of an encounter with an Indian in that fight. It was a running skirmish through the woods and he became detached from his party. Suddenly his horse shied and he discovered an Indian behind a tree. The Indian attempted to shoot him, but the gun only snapped. Dismounting, he approached the Indian, slowly raising his gun to his shoulder. He said if the Indian had begged for his life he intended to spare him, but the man stood quite still, clinched his teeth and looked him in the eyes with no sign of surrender, so he shot him.  At that time this country, now so populous and cultivated, was virgin forests ans was overrun with bears and deer, ans well as Indians.  In his hardy, outdoor life, Mr. Campbell contracted rheumatism when a very young man, and could not stand erect for several years.  He heard of a doctor who gave steam baths for rheumatism, but being unable to go to him, he treated himself.  He dug a pit and burned oak and hickory wood to coals –  as for a barbecue.  Over the pit he laid stout green poles and covered them with every herb he had ever heard of as possessing curative properties.  Stripped of clothing, he wrapped himself in a heavy blanket and laid down on this, which, of course, induced heavy perspiration.  After six or seven treatments he was practically cured, and has never been so badly afflicted with it since.
  Long before the war Mount Zion campground, near the Campbell home, was known throughout south Georgia as a rallying place for the religious, and it was in 1827 that the Campbells assisted in organizing the first camp meeting held there.  The old patriarch recalled the past very vividly as he talked.  He is still in good health and attributes it to his continued outdoor life, even when activity is forbidden him.  The thing most impressive about him is his entire serenity, the natural outcome of a well-spent and well-rounded life.

Norman Campbell died on Monday, April 9, 1906. He was buried at the Zion Camp Ground, near Morven, GA.  His obituary ran in the Tuesday April 10 edition of the Valdosta Times, repeated in the Saturday edition:

The Valdosta Times
April 14, 1906 Pg 3

A PIONEER CITIZEN DEAD.

Uncle Norman Campbell Died Yesterday Near Morven.

(From Tuesday’s Daily.)
     News has been received here of the death of Mr. Norman Campbell at his home near Morven yesterday after an illness of several weeks. Mr. Campbell was the oldest man in the county, being 96 years old and was prominent in the history of the county from the days of the earliest settlers. He was of Scotch descent and was a man of wonderfully fine character.  No man ever lived in the county who was more generally beloved and esteemed and in his late years he has been surrounded by the tender care and veneration of friends and family. He retained his strength and faculties to a remarkable degree almost to the end of his long life.
     Mr. Campbell is survived by three children, Mrs. Robert Ousley, Alex Campbell and Norman Campbell Jr, all of Morven.
The funeral and internment will take place today at three o’clock at the old Camp ground cemetery near Morven. Mr. Campbell was a devoted member of the Methodist church and a prominent Mason. – Quitman Free Press.