Judge Carleton Bicknell Cole

Carlton Bicknell Cole

Carleton Bicknell Cole

Judge Carleton Bicknell Cole (1803-1876)
Carleton B. Cole twice served as judge of the Southern Circuit and later presided over the courts of the Macon Circuit. In 1848 in the Lowndes County court at Troupville, GA, 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.

 

The Sunny South
March 22, 1884

Bench and Bar of Georgia

Sketches and Anecdotes of Distinguished Judges and Lawyers.

Number 23.

By R. W. D.

Carleton B. Cole.

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

“* * * * * He came to Georgia in 1826 or ’27 located in Macon to practice law and pursued the profession diligently for some years, when Gov. Schley appointed him to fill a vancancy on the bench of the Southern Circuit, caused by the death of Judge James Polhill. His commission bore date 13th April,1836, and not in 1833, as the Macon Telegraph erroneously stated. He took his seat on the bench at Pulaski Superior Court, third Monday in April, 1836, and continued to hold courts under his temporary appointment until the Legislature met in November ensuing.
When that body convened, the first important measure to engage its attention was the election of a Judge for the Southern Circuit. There were two candidates for the office, viz: Carleton B. Cole and Arthur A. Morgan. The writer of these lines went into the gallery of the House of Representatives to witness the election and remembers the balloting of the members and the sore disappointment of the friends of Judge Cole, who had entertained strong hopes of his election. The counting of the votes disclosed the fact that his opponent had more than doubled him. As the election of Judge Morgan was only for one year his opponents resolved to contest his election at the next session. The Legislature of 1837 convened and when the election for Judge of the Southern Circuit came up the names of Judge Morgan and Carleton B. Cole were again announced as candidates, as they had been the session before. The writer again went into the gallery of the House to witness the election and remembers the balloting of members, the counting of votes and the general rejoicing of the friends of Judge Cole when the Speaker announced his election as judge of the Southern Circuit, over his competitor. The exact vote is not remembered, but it was probably only two or three majority.

      Of the friends who worked most earnestly and uncompromisingly, and without whose assistance the election of Judge Cole must have failed at the second trial, were certain attorneys practicing in the courts over which Judge Morgan presided. It was they who arraigned Judge M. before the members of the Legislature of 1837 to undo the work of the previous session.
      Judge Cole entered at once upon the duties of his office, and presided for the term of four years and, in 1841, was re-elected over Col. Patterson, of Early – who had been a prominent man in the politics of the State. Thus it appears that he served eight years on the bench besides the temporary appointment in 1836, of Gov. Schley. At the close of his judicial career in 1845, the names of the political parties in Georgia had been changed from Union and States Rights to Whig and Democrat, and Judge Scarborough was elected by a Whig legislature to succeed him.
        Judge Cole resumed the practice of his profession and was a regular attendant on the courts of Lowndes and other counties of the Southern Circuit many years after his retirement from the Bench. Eventually the war came, slavery fell and a new constitution was ordered or required to meet the changed political condition of the State. Upon its adoption and the reorganization of the different departments, Judge Cole was tendered the judgeship of the Macon Circuit. He appeared upon the Bench and held the office for several terms. Certain members of the Bar were anxious for his reappointment and petitioned the Governor in his behalf. To this his Excellency declined to accede, but bestowed the office upon another who at present occupies the Bench of that Circuit.
       The most of Judge Cole’s judicial service was prior to the organization of the Supreme Court of Georgia, and when the legal opinions of the judge, given from the Bench, was the received and recognized law of the case. This autocratic power, it was sometimes stigmatized by counsel in their zeal for clients, caused them now and then to impeach, openly or covertly, the integrity of the presiding judge. The writer remembers our judge in Georgia who was impeached and tried before the Legislature for no other purpose, it was believed by many, than to get rid of his judicial opinions. It was this violence at the Bar engendered by a paltry judicial system, that led to the noted duel between Flournoy and Walton in 1811. The nephew espoused the cause of his uncle, Judge Walton, and lost his life. Judge Cole could not wholly escape this sort of vituperation, but met it apparently with a stoic indifference. Fortunately for the country the Supreme Court was organized in 1845, to determine questions of litigation in the last resort. The measure was not only beneficial in producing a better feeling between the judges and lawyers, but has been the ground work of vast progress and improvement in the laws of the State.
       A word concerning Judge Cole as a lawyer at the Bar, and these remarks will be brought to a close. In his day he was a popular attorney and had the management of many important causes. In his arguments before the court and jury it cannot be said that he was either eloquent or sought to stir the passions of the human heart. His strong forte was in a calm appeal to the good sense of the party addressed; in doing this he was always logical and interesting and seldom failed to command the closest attention. In his intercourse, during court, with the members of the bar, the county officers, the jurors and witnesses in attendance for the trial of causes, he was uniformly courteous and instructive; and when not engaged in the transaction of the business, he showed the sociability of his nature by mingling freely with the people, and by this means he gained their confidence and esteem.
       Judge Cole lived in Georgia nearly fifty years, and was at no time a candidate for office, except for Judge of the Superior Court. At no time was he called or known as a statesman of politician. His convictions and principles attached him warmly to the union of the States under the Federal Constitution, and in all the contests of Georgia looking to a separation of the Union, he was found true to his long cherished political sentiments.
T.P.S.
Valdosta, Ga., February 8, 1876

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

      It was stated in the communication quoted above, that Judge Cole was never a candidate for any position except the bench, but to this must be added, that he was sent by the people of Bibb to the Convention of 1865, an important body, which assembled immediately after the war, for the purpose of adjusting matters of State to the new order of things and providing for the people in their new and anomalous condition. Judge Cole made a useful member of this Convention, and did much toward shaping the future of Georgia. As being in a judicial line, he accepted the chairmanship of the law school of Mercer University at Macon a few years before his death. “Here,” says the memorial passed by the faculty of that institution, “his previous experience as a lecturer, his extensive practice at the bar and his long occupancy of judicial office, gave him rare and valuable qualifications for the impartation of legal instruction. So wide were the resources of his experience,and so great was the mastery of his memory over them, that he was prepared to explain and enforce every principle of the science of law with copious illustrations. Retaining, in an advance age, the freshness and verdure of the hear, he felt a deep and abiding interest in young men; and he gave to the organization of the school over which he presided, and especially to his own department – Equity Jurisprudence and Practice – warm devotion and faithful labor.”
       As explanatory of the reference in the extract given, “his previous experience as a law lecturer,” it should have been stated that in 1840, after his first retirement from the bench, he opened a law class at Midway near Milledgeville, the then site of Oglethorpe College, which he continued to teach for seven years, having a steady attendance of 25 or 30 students.
      By reference to the Court Roll in this volume it will be seen that Judge Cole presided over the Southern Circuit three different times, and over the Macon Circuit also under three successive appointments, giving him in all nearly fifteen years on the bench.
      He was tall, dignified and courteous, combining in his personthe suaviter in modo and fortiter in res.
     He led a consistent Christian life, and died an active and loved member of the Episcopal Church.
   

    I select as a fitting close to this memoir an extract from the memorial resolution of the Macon Bar:
      “In all the relations of society and home, Judge Cole was not less distinguished than as a professional and public man. Dignified and urbane in manner, he had a tender heart and affectionate disposition. As a Christian he was meek and humble as a child, relying for salvation not upon his own merits, but upon the atoning blood of his Savior and his God.
      Into the sanctity of his household we dare not intrude, but who can doubt that he was all that is lovely in a father, a husband and a master. He has left us, after filling his allotted space of more than three score years and ten, brimful of usefulness and honor, and well may we proclaim him.

      “The friend of man, the friend of truth,
       The prop of age, the guide of youth;”

and with just pride declare,

      “Few hearts like his with vigor warmed,
       Few heads with knowledge so informed.”

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

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

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Reverend Bob Brown, Master of Theology

Reverend Bob Merrill Brown (1936-1984)

Reverend Bob M. Brown and his wife Sherra Mashburn Brown lived in Ray City, GA in the 1960s.  Rev. Brown’s sister, Francine Brown McCall, was also a resident of the town.

Reverend Bob M. Brown, became pastor of Ray City Baptist Church in 1964.

Reverend Bob M. Brown, became pastor of Ray City Baptist Church in 1964.

 

Bob Brown attended Mercer University, Macon, GA, graduating with the Class of 1958. He later attended New Orleans Baptist Seminary (Southern Baptist Theological Seminary) in New Orleans where he met his wife, Sherra Mashurn. Sherra Mashburn Brown was born on August 30, 1937 in New Orleans, LA. She was the daughter of Rev. James and Sherra Mashurn.

Bob Brown was an Army Chaplain, commissioned captain, and served in Korean and Viet Nam.

Captain Bob Merrill Brown, Army Chaplain. Image source: Betty Anne Greene Spear

Captain Bob Merrill Brown, Army Chaplain. Image source: Betty Anne Greene Spear

 

Houston Home Journal
September 14, 1967

FT. HAMILTON, N. Y.-Army Reserve Captain Bob M. Brown, whose mother, Mrs. Lucille D. Brown, lives at 719 Charles Dr., Perry, completed a military chaplain orientation course Sept. 1 at the Army Chaplain School, Ft. Hamilton, N. Y. He received nine weeks of training in psychology and coun seling, methods of instruction and principles of character guidance. Instruction was also given in standard military areas such as administration, customs of serv ice, drill and techniques of study. Capt. Brown received his B.A. degree in 1958 from Mercer Uni versity, and his B. D. degree in 1962 from New Orleans Baptist Theological Seminary. His wife, Sherra, lives in Ray City, Ga. 

†††

 

 

Houston Home Journal
May 26, 1966

Rev. Bob Brown Receives Degree at Jacksonville

      The Rev. Bob M. Brown, son of Mrs. Lucille D. Brown of Perry, received the Master of Theology degree from the Luther Rice Baptist Theological Seminary in Jacksonville on May 15.
      The Reverend Mr. Brown, a graduate and former teacher of Perry High School, was ordained to the ministry by the First Baptist Church of Perry.
He also holds a Bachelor of Arts from Mercer University and a Bachelor of Divinity from New Orleans Baptist Theological Seminary.
       Since 1964 he has served as pastor of the Ray City Baptist Church, Ray City, Ga.

†††

OBITUARY

Houston Home Journal
March 1, 1984

Deaths

Brown

Bob M. Brown, 47, died Friday, February 24, 1984. Services were held at 11 a m. Tuesday in the First Baptist Church in Perry. Burial was in Liberty Baptist Church Cemetery in Pinehurst. The Rev. Dr. Gene Bowman officiated. Mr. Brown, native of Vienna, had lived in Perry for several years before moving to Brooksville. He graduated from Mercer University in Macon and received a bachelor of divinity degree from Southern Baptist School in New Orleans and a master of theology degree from Luther Wright Seminary in Jacksonville, Fla. He taught at Southwest College in New Mexico and at Perry High School. He was formerly the pastor of Ray City Baptist Church and of Alexander Baptist Church. He served in Korea and Vietnam as a chaplain. Survivors include a daughter, Maranatha Brown of Brooksville, Fla.; four sons, Nathan Brown, Ethan Brown, Merrill Brown and David Brown, all of Brooksville; his mother, Lucille Brown of Perry; two sisters, Franceen McCall of Nashville, Ga., and Wylodme Blaylock of Sherman, Texas; three brothers, Carry Brown of Carnesville, Allan Brown of Texas and Kenneth Brown of Key Biscayne. Fla. Pallbearers were Nathan Brown, Ethan Brown, Merrill Brown,. David Brown, Larry Brown, Alan Brown, Kenneth Brown. Watson-Hunt Funeral Home of Ferry had charge of arrangements. 

Grave of Chaplain Bob Merrill Brown, Liberty Baptist Church Cemetery, Pinehurst, GA

Grave of Chaplain Bob Merrill Brown, Liberty Baptist Church Cemetery, Pinehurst, GA

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Ray City Home of Reid Hearn Cox and Hazel Hall Cox

Home of Reid Hearn Cox and Hazel Hall Cox.  The Coxes were residents of Ray City in the 1940s

Home of Reid Hearn Cox and Hazel Hall Cox, Jones Street, Ray City, GA. The Coxes had this home built in 1939. Hazel's father, Lawrence Cauley Hall, resided with the Coxes in the 1940s.

Cox Residence, built 1939
Home of Reid Hearn Cox and Hazel Hall Cox, Jones Street, Ray City, GA. The Coxes had this home built prior to 1940. Hazel’s father, Lawrence Cauley Hall, resided with the Coxes in the 1940s.

Hazel Jeanette Hall (1918-1974) was a daughter of Lawrence Cauley Hall and Eula Belle Swindle, of Ray City, GA.  She was a granddaughter of Mary Etta and Redding D. Swindle, and Cassie Lee and John Lewis Hall.  Hazel’s sister, Eunice Hall, was the wife of Polk Cheshire Brockman, of Atlanta, who was a pioneer in the recording of country music.

Reid Hearn Cox (1912-1966) was a salesman of music supplies. He originated from Eatonton, GA, a son of Charles Patterson Cox and Mattie Reid Hearn, and studied at Mercer University in 1932.

Hazel Jeanette Hall and Reid Hearn Cox were married in 1937 in Atlanta, GA.

1937-feb-18-eatonton-messenger_hazel-hall-married

Eatonton Messenger
Thursday, February 18, 1937

Miss Hazel Hall Weds Mr. Reid Cox

      The Druid Hills Presbyterian church formed the setting yesterday for the marriage of Miss Hazel Jeannette Hall and Reid Hearn Cox which was a beautiful event taking place at 5 o’clock. Rev. William M. Elliot, Jr., the pastor, performed the ceremony in the presence of a large gathering of relatives and friends of the young people.
      The interior of the church was beautifully decorated for the nuptials.  Palms and ferns banked the altar, and tall standards of callas with seven-branched candelabra hold-holding white tapers completed the decorations. Preciding and during the ceremony Mrs. Haskell Boyter, pianist, presented a program of music and Le Roy Bledsoe sang.
      Acting as bridesmaids were Miss Jane Cox, sister of the bridegroom, and Miss Dorothy Brockman, wearing dresses of gold blister satin with short coasts fashioned with repeplums  and gold satin sandals. Their flowers were arm bouquets of Pernet roses, snapdragons and delphiniums in pastel shades tied with ice-green ribbon.
      Mrs. Polk Cheshire Brockman was her sister’s matron of honor. She ware the gold satin dress in which she was married.  It was worn with a coat, trimmed with sable fur.  Her hat was an off-the-face model of brown maline, and she carried an arm bouquet of talisman roses.
      Miss Ann Brockman, niece of the bride, was the ring -bearer. Her dress was a floor-length empire model of ice-green satin and she wore a yellow ribbon in her hair.  She carried the ring in a calla, showered with valley lilies.
       Jasper Sojourner. Dr. S. L. Morris, Jr., Dr. E. C. Moore and C. Roy Arnold were ushers.
       Entering with her brother, Polk C. Brockman, by whom she was given in marriage, the bride was met at the altar by the groom and T. Pitts Davidson, who acted as best man. Her blond beauty was further enhanced by her wedding gown of white satin, fashioned along princess lines with a high cowl neck and leg-o-mutton sleeves which ended in a point over the hands and trimmed with self-covered buttons. The same buttons trimmed the waist at the back and the full skirt flared into a short train.  Her long veil of illusion fell from a coronet cap, beaded in seed pearls and crystals and she carried a sheaf of calla lilies.
    After the ceremony Mr. and Mrs. Brockman entertained at a reception at their home on Springdale road for the bridal party and out-of-town guests.  Mrs. Swindle Hall, mother of the bride, and Mrs. C.P. Cox, the bridegroom’s mother, received with Mr. and Mrs. Brockman and Mr. and Mrs. Cox.
    In the dining room the table was covered with a point Venice lace cloth, and the center decoration was a bride’s cake placed on a mound of pastel flowers. Yellow candles in pastry candlesticks embossed with orange blossoms, callas and lilies of the valley, were used.  Miss Jane Cox kept the bride’s book and Misses Dorothy Brockman, Essie Bell Brockman and Mesdames J. B. Sojourner, H. E. Montgomery and H. A. Brockman assisted in entertaining.  Roses, snapdragons and delphiniums were arranged throughout the house.
    The bride and groom left for a wedding trip. The former wore a two-piece traveling suit of apricot wool with brown accessories.  Her flowers were a shoulder corsage of orchids.
    Mrs. Cox is the daughter of Mrs. Swindle Hall, of Ray City, Ga. For the past several years she has made her home with her brother and sister, Mr. and Mrs. Polk Cheshire Brockman, on Springdale road.  Mrs. R. D. Swindle, of Ray City, grandmother of the bride, was a guest at the wedding. W. H. Hearn, of Eatonton, grandfather of the bridegroom, was also present. – Atlanta Constitution, February 6th.

The newlywed Coxes first boarded with Arlie Guthrie and Marvin Purvis in their home on Main Street, Ray City, GA. Marvin Purvis was a merchant of Ray City, and the Purvis’ grocery store was on the south side of Main Street near Lyman F. Gidens’ Barber Shop and just east of the tracks of the Georgia & Florida Rail Road. The Purvises were among Ray City’s better-off families; the Purvis household had been one of the first in town to acquire a radio.

In 1939, the Coxes built a house of their own  on the northeast corner of North Street and Jones Street, Ray City, GA.

 

Hazel Hall Cox and Reid Hearn Cox became Ray City homeowners in 1939.

Hazel Hall Cox and Reid Hearn Cox became Ray City homeowners in 1939.

Eatonton Messenger
October 19, 1939

Mr. and Mrs. Reid Cox are now building a new home at their home in Ray City. Reid, you know, is the son of Mrs. Charles P. Cox and the grandson of W. H. Hearn.

Liberty Magazine, June 8, 1940. Liberty was a weekly magazine, originally priced at five cents and subtitled, "A Weekly for Everybody." It was said to be "the second greatest magazine in America," ranking behind only The Saturday Evening Post in circulation. It featured contributions from some of the biggest politicians, celebrities, authors, and artists of the 20th Century. It ceased publication in 1950.

Liberty Magazine, June 8, 1940.
Liberty was a weekly magazine,  said to be “the second greatest magazine in America,” ranking behind only The Saturday Evening Post in circulation. It featured contributions from some of the biggest politicians, celebrities, authors, and artists of the 20th Century. It ceased publication in 1950.

After the Coxes moved into their new home, the Purvises moved just a block down the street to a home on the corner of North Street and Bryan Street.

Hazel Hall Cox was a woman of fashion, “a real glamour girl, always made up – high heels, fancy hairdo.” Hazel Cox took all the women’s magazines, Cosmopolitan, Ladies Home Journal, Colliers, Liberty, Life, etc., and after reading she shared them with Arlie Guthrie Purvis.

The Coxes later moved to the Atlanta area where Reid developed and manufactured high capacity dryers used in laundromats all over the country.

Reid Hearn Cox died April 22, 1966, and Hazel Hall Cox passed on November 18, 1974. They  are buried at Decatur Cemetery, Dekalb County, GA

Graves of Hazel Hall Cox and Reid Hearn Cox, Decatur Cemetery, Decatur, GA.

Graves of Hazel Hall Cox and Reid Hearn Cox, Decatur Cemetery, Decatur, GA.

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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.

 

Clements Brothers at Georgia Teachers College

Mason and Keith Clements of Ray City, GA, were sons of James Irwin Clements and Annie Mae Carter Clements.

Mason and Keith Clements attended Georgia Teachers College, now Georgia Southern University, in 1948.

Mason and Keith Clements attended Georgia Teachers College, now Georgia Southern University, in 1948.

Keith graduated from Ray City High School with the RCHS Class of 1942 and Mason graduated with the RCHS Class of 1943. Their older brother, J.I.Clements graduated with the RCHS class of 1938. All three entered the service during WWII, and after the war all three made their way to Georgia Teachers College (now Georgia Southern University),  Statesboro, GA.  In 1948, Mason and Keith were undergraduates while J.I. Clements had already started his long career coaching and teaching physical education for the college.

The Nashville Herald
March 30, 1950, front page,

Ray City Men to Play with G.T.C. Baseball Team

COLLEGEBORO, Ga. – The new baseball season will receive a four-day initiation at Georgia Teachers College this week.

The Teacher nine will entertain Erskine College Wednesday and Thursday and North Georgia College Friday and Saturday. They will oppose Mercer University April 4 and Presbyterian College April 6 before making their first trip.

With eight lettermen and five promising pitching recruits, the Professors are in for a good season, Coach J.I. Clement, Jr., says.

Old hands who will retain positions are Mason Clements and Keith Clements of Ray City, the coach’s brothers, in the outfield; W.G. (Red) Bullock, Jr., of Valdosta, at first base; Roger Parsons of Harlan, Ky., at second base or in the outfield; Joe Middlebrooks of Warwick, catcher; and F.M. (Sonny) Clements of Rhine, unbeaten as a freshman pitcher last season.

Keith married Joan Griffin,  Georgia Teachers College Class of 1953, and went on to a career with a pharmaceutical company. Mason married Fay Joyner, Class of 1951, and  went into the wholesale grocery business with his father-in-law in Augusta, GA.

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Lawrence Cauley Hall

Lawrence Cauley Hall, born 20 Feb 1884, Ray City, Berrien County, Georgia.  Cauley was a son of Cassie Lee and John Lewis Hall, and a brother of  Pasco Olandro Hall.  He grew up in his parents’ household at Rays Mill (now Ray City), GA.

Lawrence Cauley Hall, of Ray City, GA. Image courtesy of www.berriencountyga.com

Lawrence Cauley Hall, of Ray City, GA. Image courtesy of http://www.berriencountyga.com

Cauley Hall completed the common schools of the area, and went on for more advanced studies. Family historian Mrs. Cyleta Austin said “he was a genius, attended Mercer but let the drinking get to him.”   He gave up his college studies after the first year.

On December 1, 1908 Cauley Hall married Eula Bell Swindle.   The ceremony was performed by Elder Aaron Anderson Knight.  Eula was a daughter of  Mary Etta and Redding D. Swindle, and sister of  Henry Alexander Swindle, of Ray City, GA. Her father was appointed to serve as the first mayor of Ray City upon its official incorporation in 1909. Her mother is credited with naming the new town, formerly known as Ray’s Mill.

1908 Marriage license of Lawrence Cauley Hall and Eula Bell Swindle

1908 Marriage license of Lawrence Cauley Hall and Eula Bell Swindle

Eula gave birth to a baby girl on June 9, 1909, Eunice A. Hall, in Ray City, GA.   It appears that Eula and the baby returned to live with her parents. She was enumerated in their Ray City household in 1910 under her maiden name. Her marital status was “single,” and Eunice Hall was enumerated as a grandchild of Redding Swindle. Cauley’s whereabouts in the census of 1910 are not known.

However, by 1918 Cauley and Eula were making their home at a company lumber camp at 4 Northport, Tuscaloosa County, AL.  Lawrence was working for the Henderson Land & Lumber Company as a skidder foreman. There, he registered for the draft for World War I on September 12, 1918.  His physical description was given as medium height, medium build, with blue eyes and grey hair.

The 1920 census shows the couple now with two daughters, Eunice and Helen Jeanette, living on 13th Avenue, Tuscaloosa, AL.  Cauley was working as a laborer at a logging camp, while Eula was at home raising the girls.

It appears that by the time of the 1930 census Cauley Hall was estranged from his wife, Eula B. Swindle. The census record show that year he remained in Tuscaloosa, AL, living in Young’s boarding home on 6th Street, operated by Nannie and Robert J. Young.  He was working as a carpenter, and gave his marital status as “divorced.”  Eula Bell had returned to Ray City,GA with her younger daughter Hazel Jeanette Hall, now 12. Eula rented a house (probably on Jones Street) near the homes of James Blanton, Pleamon Sirmans and Hod Clements, and took work as a seamstress. The 1930 census indicated her marital status was “widowed.

By 1940 Cauley Hall  had also returned to Ray City, GA where he was living with his now married daughter, Hazel, and her husband, Reid Hearn Cox.  Cox, a salesman of music supplies,  originated from Eatonton, GA. The Coxes were in a new home they had built on the northeast corner of North Street and Jones Street in Ray City.

Home of Reid Hearn Cox and Hazel Hall Cox, Jones Street, Ray City, GA. The Coxes had this home built prior to 1940. Hazel's father, Lawrence Cauley Hall, resided with the Coxes in the 1940s.

Home of Reid Hearn Cox and Hazel Hall Cox, Jones Street, Ray City, GA. The Coxes had this home built prior to 1940. Hazel’s father, Lawrence Cauley Hall, resided with the Coxes in the 1940s.

 

Eula Bell Hall was living with her widowed grandmother, Mary Etta Swindle, in her home on North Street in Ray City.

Lawrence Cauley Hall died  on Christmas Day,  December 25, 1954,  in Ray City, Georgia.  He was buried at Beaver Dam Cemetery.

Eula Bell Hall died January 28, 1965. Historian Cyleta Austin said she was in an automobile accident with Eula; Eula “died at home about two weeks later but not as a cause of the wreck.”   Eula was buried next to her husband at Beaver Dam Cemetery, Ray City, GA.

Graves of Eula Bell Swindle and Lawrence Cauley Hall

Graves of Eula Bell Swindle and Lawrence Cauley Hall

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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.

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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Knight of Berrien ~ Jonathan Perry Knight

Jonathan Perry Knight (1872-1953)

Jonathan Perry Knight, 1902.

Jonathan Perry Knight, 1902.

Jonathan Perry Knight was born in Ray’s Mill, GA. in Berrien County on March 14 1872.  A son of John Graham Knight and Mary A. Davis, he was the middle of three children.  His grandfather, Levi J. Knight, served as a major in the Indian War, a major-general in the state militia,  and  as a captain in the Confederate army.

In his basic education Jonathan P. Knight attended the schools of Berrien County. When he was 16 he was presented with a prize by his teacher, W.L. Patton, “For Your Merit in School.”  The prize was a book, “The Life of Daniel Webster“, which was to have a profound and lasting affect on the young man.

Life of Daniel Webster

Life of Daniel Webster

http://archive.org/stream/lifeofdanielwebs00everiala#page/n0/mode/1up

Jonathan Perry Knight went on to study at North Georgia Agricultural College in Dahlonega, GA (now the University of North Georgia).  The college was a military academy and military duty was obligatory for all male students over the age of 15.  The cadets drilled daily in artillery, infantry and other exercises.

Cadets on parade in front of North Georgia Agricultural College, 1894.  Jonathan Perry Knight, of Rays Mill, GA attended the college around the late 1880s.

Cadets on parade in front of North Georgia Agricultural College, 1894. Jonathan Perry Knight, of Rays Mill, GA attended the college around the late 1880s.

Knight later attended Law School at Mercer University in Macon, GA. He was a teacher in Berrien and Lowndes Counties, “and considered the teaching profession as a sacred trust.”

On November 6, 1896 at the age of 23, he married Ada Parrish at Lois, Georgia.  That same year he was elected Clerk of the Superior Court of Berrien County for the term beginning in 1897, and moved to the county seat in Nashville, GA.  To Jonathan and Ada a son was born on May 1, 1898. This was the same day in which Commodore George Dewey led US Naval forces to a decisive victory over the Spanish fleet in the Battle of Manilla Bay.  Just a few weeks earlier, the Spanish-American War had broken out and the newspapers of the time were full of sensationalism. No where was there greater fervor than in Georgia.  “When the United States became involved in war with Spain, Georgia furnished according to population more volunteers than any other State of the Union.”

It seems that the war was paramount in the minds of the Knights, as they expressed their patriotism by naming their new son Dewey Knight, in honor of the nation’s new naval hero. The couple had three additional children, Thelma, Jonathan, and Nell.

Jonathan Perry Knight continued to serve as the Clerk of the Superior Court in Berrien County until 1900, when he aspired to higher political office.  In February, 1900 The Atlanta Constitution reported:

“It is also very probably that Mr. John P. Knight, at present clerk of Berrien superior court, will offer as a candidate for representative in the general assembly. It is not known as yet who will oppose him, but there likely will be one or more opponents.”

As expected J.P. Knight did contend for the house seat, and his opponents in the short campaign were W.L. Kennon and H. K. Hutchinson of Adel.  Ballots were cast on May 15, 1900 and a large voter turn out was reported for Berrien County. On the morning of May 16th, The Atlanta Constitution reported that Knight was elected to the Georgia General Assembly as the Representative from Berrien County.

Representative Knight took to his new office with relish.  During the passage of the Depot Bill, his sensibilities were apparently offended by the “lobbyism and the use of whiskey.” “J.P. Knight, being disgusted with the way things were going, sent to the speaker’s desk a privileged resolution to have the hall cleared of all save those entitled to seats, which when read by the speaker, was refused recognition.”  Apparently, when it came to a question of whiskey,  the other legislators didn’t see eye to eye with the freshman representative from Berrien.  Later, Knight would write a letter charging that there was lobbying and outright “drunkeness” in the Georgia House of Representatives on the day the Depot Bill was passed.

Among his other legislative activities, he was on the legislative committee that visited Dahlonega, GA in December 1901 to inspect the North Georgia Agricultural College. His position on that committee was fitting, since he attended college in Dahlonega.  Georgia’s Public Men 1902-1904 noted,  “He took a prominent part in the deliberation of the House during his first term and also in the recent campaign for the governorship.”

In a report filed from Tifton, GA, The Atlanta Constitution of March 4, 1902  announced that Knight would seek re-election.  Among his expected opponents was Joseph A. Alexander, who had three years earlier represented Ray City murder defendant, J. T. Biggles.

“J.P Knight announces himself for reelection to the house, and it is said that he will be opposed by either Joseph A. Alexander formerly senator, John R. McCranie , former representative, or  F.M. Shaw, Jr., chairman board of county commissioners, who has represented Berrien in the legislature several years ago.  All are prominent and popular and the race for representative should be lively indeed.”23

In fact, the strongest challenge to Knight’s re-election bid was M.S. Patten. As voters went to the polls in June 1909, The Atlanta Constitution printed Berrien election reports filed from from Tifton, GA:

“The race is very close between J.P. Knight and M.S. Patten for representative, with chances in favor of Knight.  When all the votes were counted J.P. Knight was re-elected to the House of Representatives in the Georgia General Assembly. He was appointed to serve on the committees for: Immigration, Invalid Pensions; Mines and Mining; Roads and Bridges; and, Wild Lands.  In the description of the Honorable J.P. Knight given in Georgia’s Public Men, his occupation was given as “farmer and cotton buyer. “

In September of that year, Honorable John P. Knight was in Macon, Georgia where he was entering the study of law at Mercer College. He was hailed in the newspapers as ” one of the most influential members of the next house. His past record in the legislature is highly creditable to him.” Nine months later, in June of 1903 J.P. Knight was among 37 new attorneys who were graduated from Mercer.  The newspaper announcement observed that 24 of the 37 students had college degrees. Knight was one of two married men in the graduating class. The paper noted that as a member of the Georgia legislature, “he has kept the class and professors posted on the acts of Georgia’s lawmakers.” In the individual records of men, Knight was honored thus,

“Hon. J.P. Knight, representative of the state legislature from Berrien county, will receive his diploma with all honor and glory. Mr. Knight, like all modern politicians, gets along with all the boys. He is one of the highest men in the class. He attended college at Dahlonega. In 1896 he was elected clerk of the superior court of Berrien County and held that office until 1900, when he was elected to the state legislature, where he has been ever since. In spite of the fact that the gentleman from Berrien attended to his legislative duties during the last session, he will be honored with a degree. His friends at Nashville, Ga. will be glad to know that he intends returning home to practice his profession.”

Knight was admitted to the Bar of Georgia in April of 1903, and began to practice law in Nashville, the courts of Georgia, and in Federal Court.

In the Georgia state election of 1904, Knight put in for a third term in the term in the House of Representatives in the Georgia General Assembly.  Challenging for the seat was C.W. Fulwood.  With votes being cast on April 20th,  the Atlanta Constitution called the election for the challenger, ” incomplete returns from one of the hardest fought campaigns ever held in Berrien indicate the election of C. W. Fulwood over J.P. Knight for representative by about 200 majority.”  But the next day, with all votes counted Knight was declared the winner.

That year J. P. Knight also served on a local Berrien county committee to solicit and collect funds for the construction of a monument to the confederate general John B. Gordon.

Back in the Georgia Assembly for 1905, Knight served on several standing House Committees. “Knight of Berrien” served on the House standing Committees on Corporations, Education, Penitentiary, Immigration, Manufacturers, Blind Asylum, Auditing, and the Western and Atlantic Railroad.

With the following election of 1906, he was elected to a term in the Georgia Senate. In an interesting note, the Nashville Herald reported on August 13, 1909, “Hon. Jon P. Knight and County Treasurer D.D. Shaw went to Atlanta Tuesday night to help sing the Doxology at the closing of the Georgia Legislature.”

In 1907 J.P. Knight presided as Mayor of Nashville.  He was a member of the state Democratic executive committee, and attended the committee meeting of  April, 1908.  In October he was back in Atlanta.

Atlanta Georgian and News, Oct. 23, 1908 — page 11
Senator Knight Here.
Senator John P. Knight, of Berrien county, who figured prominently in the settlement of the convict lease legislation when that matter was before the state senate, was a visitor at the capitol Friday. He came on business connected with a pardon and was in consultation with both the members of the prison commission and the governor.

In 1909 it was rumored in local politics reported in the Atlanta Constitution that he would run for Solicitor General of the Circuit Court in Nashville, a position being vacated by Will Thomas in a bid for the judgeship of the court.

Atlanta Georgian and News, Oct. 1, 1909 — page 15
Hon. J.P. Knight Ill.
Nashville, Ga., Oct. 1 Hon J.P. Knight, who has represented Berrien county in the lower house and in the state senate, is very ill at his home in Nashville.

He was a Judge of the City Court of Nashville, Judge of Alapaha Judicial Circuit, and he served as Chairman of the Trustees of the City Schools of Nashville, GA for many years.

He put his hat in the ring in 1910 to run for U.S. congressman for the  Second Congressional District to fill out the unexpired term of the late James M. Griggs.  He won the Berrien County vote by a landslide but it wasn’t enough to carry the district.

Ada Parrish Knight died February 1913 in Berrien Co., Ga.

Children of Ada Parrish and Jonathan Perry Knight:

  1. Dewey Knight 1898 – 1983 Spouses: Laura FRASEUR
  2. Thelma Knight 1901 – 1983 Spouses:  Joseph Stanley UPCHURCH
  3. Nell “Nellie” Knight 1905 – 1996  Spouse:  George ERICKSON
  4. Jonathan P. Knight 1907 – 1984  Spouses: Elizabeth BAKER

Jonathan Perry Knight  again ran for state office and was elected the Berrien Representative to the Georgia Assembly for the 1915-1916 term.  He returned again for the 1919-1920 term.

In the 1920’s, Jonathan Perry Knight and his son, Dewey Knight, had a law practice together in Nashville.  It was not unusual to see the law firm of Jno. P. and Dewey Knight mentioned in the legal advertisements in the Nashville Herald as representing the plaintiff in some divorce action, or offering to negotiate farm loans.

In 1924 he returned to the bench to served out an unexpired term as Judge of the Superior Court, and later that year he was elected to a subsequent term serving until December 31,1928.

Jonathan Perry Knight

Jonathan Perry Knight

Following the loss of his first wife  Ada in 1914 J. P. Knight married again, to Gladys Brooks. They had one son, Jack Knight, who served as an Air Force Colonel.

Jon P. Knight died December 28, 1953.

In retrospection, the Historical Notes of Berrien County observed, “He enjoyed traveling, fishing, gardening, reminiscing with old friends, and the radio; he loved Georgia, Berrien County, family, and friends with deep devotion; he despised hypocrisy, snobbery and laziness. He lived in Berrien County all his life – was a real Berrien County product, boy and man.”

Cite: Georgia. (1927). Georgia’s official register. Atlanta: The Dept.].pg 117-118SUPERIOR COURTSALAPAHA CIRCUITJONATHAN PERRY KNIGHT, Nashville, Judge. Born Mch. 14, 1872 at Rays Mill, Berrien Co., Ga. Son of John Graham Knight (born June 23, 1832 in Berrien Co., Ga.; lived at Rays Mill, Ga.; served the four years of the War Between the States in Stonewall Jackson’s Corps; died May 8, 1908) and Mary (Davis) Knight (born near Tallahassee, Leon Co., Fla.; died Sep. 19,1902). Grandson of Levi J. Knight (born Sep. 1, 1803; senator. Lowndes Co.. 1832, 1834, 1837, 1838, 1839, 1840, 1853/54, 1855/56; senator, 5th Dist., 1851/52; member. Constitutional Convention 1868; major-general, 6th Div., Ga. Militia, Dec. 4, 1840-; died Feb. 23, 1870) and Ann D. Knight, and of James and Rena Davis, who lived near Valdosta, Ga.Educated in local schools. North Ga. Agr. College, and Mercer University (law course). Began the practice of law July 13, 1903 at Nashville, Ga.

Married (1) Nov. 3, 1896 Ada E. Parrish (Nov. 1880-Feb. 12, 1914), dau. of John A. Parrish; married (2) June 21, 1915 in Jacksonville, Fla.,Gladys Brooks (born Nov. 5, 1893). Children by first marriage: Dewey of Miami, Fla.; Thelma (Mrs. J. S. Upchurch), Thomasville, Ga.; Nell of Miami, Fla.; John of Miami, Fla.; by second marriage, one child. Jack, age 6 years.Baptist. Democrat. Clerk, Superior Court, Jan. 1, 1897-Oct. 20, 1900; member. House of Rep., Berrien Co., 1900-01, 1902-03-04, 1905-06. 1915-15 Ex.-16-17 Ex., 1919-20; senator, 6th Dist., 1907-08-08 Ex; chairman, board of education, Nashville, eight years; judge, Alapaha Cir. Oct. 21, 1924-date (term expires Jan. 1, 1929).

Millard Townsend was Pioneer in Special Education

Millard C. Townsend, subject of previous posts , and his family became residents of Ray City, GA some time prior to 1920. Townsend studied at Mercer University in the 1920s (see Millard Carnege “Mill” Townsend, of Ray City, Made Mark at Mercer , Millard C. Townsend and the Mercer Debate Team .

Gravemarker of Daniel Wiley Townsend, New Ramah Cemetery, Ray City, GA.

Gravemarker of Daniel Wiley Townsend, New Ramah Cemetery, Ray City, GA.

His father, Daniel Wiley Townsend died at Ray City in 1928 and was buried at New Ramah Cemetery.

After college, Millard moved to Roanoke, Virginia, where he boarded with the family of Charles A. Ball, a Virginia real estate agent. Millard took a job as a teacher at the National Business College, and later became the Personnel Director for the college.

1930 census enumeration of Millard Townsend in Roanoke Virginia. In the 1920s, Townsend lived in Ray City, GA.

1930 census enumeration of Millard Townsend in Roanoke Virginia. In the 1920s, Townsend lived in Ray City, GA.

http://www.archive.org/stream/15thcensus2482unit#page/n393/mode/1up

Townsend became a leading advocate for special education and did much to organize support for mentally and physically handicapped children in the state of Virginia.

Millard C. Townsend, former Ray City, GA resident, was a leading advocate for the mentally and physically disabled in Virginia.

Millard C. Townsend, former Ray City, GA resident, was a leading advocate for the mentally and physically disabled in Virginia.

Halifax Gazette
October 14, 1954

State Retarded Children Work To Be Explained

M. C. Townsend

Education of mentally retarded and physically handicapped children will be the theme of an address before the Junior Woman’s Club here Friday night, October 22.
 The speaker will be M. C. Townsend, personnel director of National Business College, Roanoke, and one of the state’s pioneers in the mentally retarded education program. Townsend appeared here last June at the invitation of instigators of a movement to start a Council for Retarded Children here. His talk drew warm response, and since then efforts have been pushed to establish such a class here under auspices of the State Department of Education and private groups.
 Townsend is a graduate of Mercer University, Macon, Ga. The father of an mentally retarded child himself, Townsend early became interested in a plan to train and educate such handicapped children.
 He was the leader in the first Council for Retarded Children in the state, established at Roanoke. Later he helped organize the Virginia State Association for Mentally Retarded Children, an organization that numbers several Councils for Retarded Children in the state. He served as legislative chairman for the association last year, and was instrumental in securing the first state
 appropriations to the State Department of Education to assist with educational programs for the handicapped.
Former Governor Battle named him to the first commission to study the needs of mentally and physically handicapped children.
The Junior Woman’s Clubs of the state numbers the program as one of its principal projects and has offered its support to local councils fostering the educational program.

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Millard Carnege “Mill” Townsend, of Ray City, Made Mark at Mercer

In 1924 Millard Townsend, of Ray City, GA was a freshman at Mercer University in Macon, GA.

Millard Carnege Townsend of Ray City, GA/ , 1925 Caldron, Mercer University Annual.

Millard Carnege Townsend of Ray City, GA, 1925 Caldron, Mercer University Annual.

Millard Carnege Townsend, subject of previous post (Millard C. Townsend and the Mercer Debate Team), was born in Florida on July 6, 1902, and moved with his family from Lafayette county, Florida to Ray City some time before 1920. His parents were Margaret Elizabeth Buchanan and Daniel Wiley Townsend. His father owned a farm on one of the settlement roads at Ray City.

1920 Census enumeration of Millard Townsend and family in the 1144th Georgia Militia District, near Ray City, GA.

1920 Census enumeration of Millard Townsend and family in the 1144th Georgia Militia District, near Ray City, GA.

http://www.archive.org/stream/14thcensusofpopu235unit#page/n313/mode/1up

As a student at Mercer, Millard C. Townsend was engaged in many extra curricular activities. He was a member of the school band, leader of a literary society, speaker on debate teams, and an assistant editor for the school paper.

THE 1925 MERCER UNIVERSITY BAND: Kyle T. Alfriend, President; E.C. Middlebrooks, Secretary; Members, J. Noble Arnold, J. H. Anderson, Aubrey Abbott, Kyle T. Alfriend, J. W. Avery, J. Logan Bloodworth, Lawson F. Bell, Dan C. Benton, J. T. Cook, Walton W. Cook, J. P. Chapman, C. B. Fulghum, J. H. Fulghum, Roy Harrison, S. B. King, George Kent, R. T. Lee, E. C. Middlebrooks, O. H. Middlebrooks, W. P. Martin, J. H. Murray, J. T. Minor, William Mitchell, M. C. Townsend, Bruce P. Powers, Lamar R. Portain, Maynard Smith, J. E. Suires, Jack Taylor, L. H. Young, J. M. Hardy, Oliver Benson, C.C. Thomas, H. Williams, Mac Davis.

THE 1925 MERCER UNIVERSITY BAND: Kyle T. Alfriend, President; E.C. Middlebrooks, Secretary; Members, J. Noble Arnold, J. H. Anderson, Aubrey Abbott, Kyle T. Alfriend, J. W. Avery, J. Logan Bloodworth, Lawson F. Bell, Dan C. Benton, J. T. Cook, Walton W. Cook, J. P. Chapman, C. B. Fulghum, J. H. Fulghum, Roy Harrison, S. B. King, George Kent, R. T. Lee, E. C. Middlebrooks, O. H. Middlebrooks, W. P. Martin, J. H. Murray, J. T. Minor, William Mitchell, M. C. Townsend, Bruce P. Powers, Lamar R. Portain, Maynard Smith, J. E. Suires, Jack Taylor, L. H. Young, J. M. Hardy, Oliver Benson, C.C. Thomas, H. Williams, Mac Davis.

1924 clipping from the Mercer Cluster. Debate Council plans strenuous forensic season.

1924 clipping from the Mercer Cluster. Debate Council plans strenuous forensic season.

Mercer Cluster
September 26, 1924

DEBATE COUNCIL PLANS STRENUOUS FORENSIC SEASON
Tryouts For Teams to be Held This Fall; Only Four Men Back

Plans are already underway for the inter-collegiate debates at Mercer during the coming year. The members of the Council have been selected and preparations are being laid for the most strenuous year of debating through which Mercer has ever gone.
Dr. Rufus C. Harris, of the law school, is chairman for the coming season. Other members of the committee are, Dr. A. P. Montague, Dr. Percy Scott Flippen, Prof. Joseph Robinson and Prof. W. T. Smalley. In addition to these members from the faculty, the presidents of the Ciceronian and Phi Delta Societies will be active members of the Council.
During the past four years Mercer has participated in eighteen inter-collegiate debates, winning twelve of this number.

Won 4; Lost 1

Teams were met last season from the following colleges; Richmond University, of Richmond, Va.; Georgia Tech, University of Alabama, William-Jewel College of Missouri, and Wake Forest College. The above contests were won with the exception of the Wake Forest affair.
This year’s program will call for Mercer’s meeting some of the foremost colleges in the forensic arena including some intersectional debates if plans that are now in their infancy materialize.
Subjects for the tryouts  for positions on the teams will be announced sometime during the fall term and the applicants will be permitted to display their skill before the Christmas holidays.
Only four men who were on debating teams last year are back or are eligible. These are Eugene Cook, Herbert Bradshaw, Joe McClain and M. C. Townsend.

Mercer Cluster
May 2?, 1925

Ciceronians Select
Townsend Next Head

Millard C. Townsend of Ray City, Ga., has been chosen to serve as president of the Ciceronian society for the first term of the next school year. This honor was well placed, Mr. Townsend having defended this society several times in debates and oratorical contests.

Other officers elected were: vice-president, T. Harris Tyson of Tennille, Ga.; secretary, Fred Forrester, of Head River, Ga.; chaplain, George Jester, of Camp Hill, Ala.; critic, Courtland Gilbert, of Brunswick, Ga.; reporter, Julian J. Upshaw, of Douglasville, Ga.; and janitor, G. L. Griner, of Camilla, Ga.

Speakers and officer for the annual society day program, which will be held next winter, were elected as follows; debaters, M. C. Townsend and Frank Twitty, with C. A. Martin and C. E. Langston as alternates; orators, Herbert Bradshaw and T. Harris Tyson; presiding officer, C. A. Martin, and chief marshall, H. S. Sauls.

On next Tuesday evening, May 26, the Society will hold its annual oratorical contest.

Mercer Cluster
May 29, 1925

Townsend is Winner
Of Ciceronian Medal

Millard C. Townsend, of Ray City, was awarded the medal from the Ciceronian debating society oratical contest which was held on Tuesday evening. His subject was Victory of Sword or Cross.

There were four other contestants for the medal, these were: Julius T. Anderson, of Milledgeville, who spoke on The Agriculturalist and His Advance; Charles A. Martin, of Rex, A Trust to Keep; Julian J. Upshaw, of Douglasville, Wilson, the Man; and S. Virgil Cofield, of Monroe, Twenty Century Manhood.

Rev. J. H. Barber, speaking for the judges of the occasion, heartily commended the work being don in the societies.

Townsend, the winner, has recently been elected president of the Ciceronians for the first month of the 1925-26 season. He has been a member of several Varsity debating teams all of which have emerged victorious.

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