USA > Virginia > Augusta County > Augusta County > Annals of Augusta county, Virginia, from 1726 to 1871 > Part 39
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With the prospect of another cold winter before him, to say notli- ing of the gallows in prospect, Bullitt broke jail and fled. We next hear of him under arrest in Fauquier county, in May, 1793. It would seem that after his escape from jail he enlisted, or was believed to have enlisted, as a soldier in the United States army, and was arrested in Fauquier as a deserter. He was about to be discharged, however, when Mr. Archibald Stuart, the Commonwealth's Attorney for Augusta, hearing of his arrest, sent for him by a man named Rhodes. Mr. Stuart said, in a letter to the Governor, dated May 23rd, that he was anxious for Bullitt to be brought to trial as there was "an illib- eral suspicion among ye people," that his escape from the Staunton jail " was favored by all concerned, being ye brother of a Judge .*
The Examining Court of Augusta sat on the 26th of August, 1793, and consisted of Alexander Robertson, Alexander St. Clair, Robert Douthat, William Moffett and Alexander Humphreys, "Gentle- men Justices." Bullitt was charged with "feloniously stealing and carrying away from the plantation of John Nichols, Sr., on the 18th day of September, 1790, a gray horse of the price of thirty pounds, and other property belonging to said Nichols of the value of five pounds. Total value of the stolen property $116.6633. Upon the testimony of John Nichols, Sr., Jolin Nichols, Jr., Jesse Atkinson and
* It has been stated in print that the brother was holding court in Bath county at the time of Bullitt's conviction or execution. This is a mistake. No court presided over by " a Judge " was held iu Bath till years afterwards. But Cuthbert Bullitt, of Prince William county, who died in 1790, was a Judge of the Supreme Court of Virginia.
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George Sea, the prisoner was sent on for trial before the District Court "to be holden at Staunton, on the 2nd day of September next."
When the District Court met, the Commonwealth's Attorney filed an indictment against Bullitt, and he was tried by the following jury : Hugh Gilkeson, Edward Rutledge, John Emmet, Gabriel Alexander, Samuel Long, John Young, Samuel Mccutchen, Robert Hanna, Walter Davis, Jolın Poage, Daniel Finland, and William Chambers. The jury found the prisoner guilty, and on the 12th of September he was senteuced by the Court to be hung on Friday, October 18, 1793, be- tween 10 A. M. and 2 P. M. The order book of the court has disap- peared, and we cannot tell which of the Judges presided, and what lawyer defended the prisoner.
Popular sympathy was slow in moving. It was not till the 12th of October that Robert Gamble wrote to Governor Lee, enclosing a petition for Bullitt's pardon. The petition was signed by eighty-eight citizens, among them Alexander McClanahan, Jacob Kinney, William Breckinridge, Vincent Tapp, M. Garber, Sr. and Jr., William Abney, Moses McCne, Alexander St. Clair, John McDowell, Robert Bailey, Alexander Nelson, Robert McClanahan, Smith Thompson, and James Bowyer. Tradition says that Bullitt was feeble-minded; that young Nichols loaned him the horse, but feared to avow it to his father, a harsh man ; and that the condemned man was returning with the horse when first arrested. The petition makes no such statements. It admits Bullitt's guilt, and says he was a man of bad character ; but pleads that he has suffered much, part of the time in irons, was "extremely penitent," and promised reformation. The Governor was inexorable.
The County Court, at its session on October 16th, ordered the sheriff to erect a gallows "at the fork of the roads leading from Staunton to Miller's iron works and to Peter Hanger's," and that, the order says, " shall be considered as the place of execution of all con- demned persons in future, which may by law be executed by the sheriff of Augusta." Evidently the court anticipated a brisk business in that line. The fork of the roads alluded to is the point in the northern part of the town where Augusta and New streets unite. The spot was then in the woods, and a log house built there afterwards was long occupied by the Gorden family. There Bullitt paid the penalty of his life for a paltry offence on the 18th of October.
It is related that the Rev. John McCue was present at the exe- cution, and betrayed great emotion. The popular feeling was long expressed by a saying often repeated to puzzle children : "That if a
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person would go to John Gorden's house and say, 'John Bullitt, what were you hung for ? ' he would say nothing."
The gallows at the place described gave to all the northern part of Staunton the name of Gallowstown.
The late James Bell, a young man of twenty-one in 1793, was deputy sheriff that year, and officiated at the execution.
The County Court, on October 15, 1793, ordered their clerk (Jacob Kinney) to purchase a bell for the courthouse, which, we believe, is the one still in use.
The main incidents in the life of George Mathews have been given already. He is one of the most unique and interesting of the natives of Angusta county. The life of his second wife is also full of interest.
The maiden name of Mrs. Mathews was Margaret Cunningham. She was the daughter of John Cunningham, who owned, and probably lived in, the low wooden house which formerly stood on the southwest corner of Augusta street and Spring Lane, (Irish Alley.) Until taken down to make way for the present brick structure, it was said to be the oldest house in Staunton. The lot was designated as No. 1, in the original plan of the town, in 1747. The wife of John Cunning- ham and mother of Margaret is believed to have been a Miss Davis, sister of the first Walter Davis. The other children of John Cunning- ham and wife were, Mrs. Burns, wife of Major Robert Burns, and mother of Mrs. Dr. Waterman of Rockingham ; Mrs. Smith, wife of Capt. John Smith, and mother of Mrs. Michael Garber and Mrs. Moses McCue; and Capt. Walter Cunningham, who removed to Kentucky in 1788.
Margaret Cunningham was born in, or a little before, 1747, hav- ing been baptized by the Rev. John Craig in that year. Nothing is known of her early life, except that, according to tradition, on one occasion of an alarm about Indians, she mounted a horse, and, doubt- less with others, fled across the Blue Ridge.
After attaining womanhood, she became the wife of Robert Reed, at what date is not known, but it was after 1765. Mr. Reed was the son of "John Reed of the Kingdom of Ireland," as he is described in the papers of an old suit to be mentioned. Like many other residents of Staunton in his day, he was a tavern keeper. He was also the owner of 740 acres of land adjoining the town and a house and lot in town. In the evening of the first Sunday iu December, 1775, the
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young preacher McMillan rode from the Stone church to town with Mrs. Reed, and lodged at her house.
Mr. Reed died in October, 1787, intestate and without issue. Having no heirs-at-law capable of inheriting his real estate, it escheated to the Commonwealth, subject to the widow's dower interest; but in 1789, the Legislature passed an act granting the property to Mrs. Reed. Mr. Reed, however, had a brother John and two half-sisters, Mrs. William Reed and Mrs. William Buchanan, and the descendants of one or more of these relatives, after Mrs. Reed's second marriage, instituted proceedings to obtain the property, but did not succeed.
Up to the time of her second marriage, Mrs. Reed seems to have led a quiet and happy life. Her troubles began when she became the wife of Gen. George Mathews. At the time of the marriage, General Mathews was a member of Congress, then holding its sessions in Philadelphia. He had been Governor of Georgia, and afterwards held that office for another term. The marriage took place in Staun- ton, September 29, 1790, the ceremony being performed by the Rev. Archibald Scott.
When inarried the second time, Mrs. Mathews was at least 43 years of age. She accompanied the General to Philadelphia, and from there to Georgia ; and by the year 1793, serious trouble had arisen between the couple. The General was notoriously irritable and impe- rious, and his wife was probably not without a will of her own. There is incidental proof that General Mathews got up some feeling of jealousy, but from Mrs. Mathews' well-known high character, there was, doubtless, no just cause for it. Col. John Stuart, of Greenbrier, was a half-brother of General Mathews' first wife, and in a letter writ- ten by him to his sister, Mrs. Woods, of Albemarle, he speaks of trouble brewing in Georgia,-says that Richard Mathews had been down there, and alludes vaguely to other admirers of Mrs. Mathews. Rich- ard Mathews was a bachelor, who lived near Union church, Augusta county, a great dandy in his day, very pedantic, and probably a cousin of George Mathews.
In September, 1793, Mrs. Mathews, her two step-daughters, and a step-son, came to Staunton on a visit. One of the daughters was Mrs. Ann Blackburn, who was married, in Staunton, to Gen. Samuel Black- burn,* by Mr. Scott, August 28, 1785. The party traveled in a car- riage, and while passing through Botetourt county, one of Mrs. Mathews' ribs was broken by a jolt. For many weeks she was laid
* Gen. Blackburn got liis title in Georgia. He was called General before he returned to Virginia to live.
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up at the house of her sister, Mrs. Smith, in Augusta. When able to travel she went to the house of her niece, Mrs. Waterman, in Harris- onburg, mainly to receive attention from Dr. Waterman as a physi- cian, and there she was confined to her bed for several months. During all this time no letter passed between her and her husband, although he had written to various friends in Augusta. He had assumed control of all her property, collecting rents through his agent, Major Grattan, a merchant in Staunton. He, however, instructed Major Grattan to supply his wife with whatever necessaries she might need.
The long silence between the husband and wife was broken by a notice served on her that he intended to apply to the Legislature of Georgia for an act of divorce. Then the letters between Staunton and Georgia flew fast and thick. They almost rivaled in number and style of composition the letters of Governor Dinwiddie. Whether any charge other than desertion was preferred, is not stated in any of the letters or papers on file. The General required her to return, acknowledge her error, and perform her duties as his wife; and, thereupon, he would not press his application for divorce. She charged him with cruelty, and was not willing to trust her life in his hands. He subscribed himself, "Your persecuted husband," and she styled herself, "Your afflicted wife." He reminded her of her marriage vow and the love she professed for him the night he escorted her "from the ball at the courthouse; " and over and over protested his innocence of any wrong. He charged that she, while living in Georgia, had poisoned the minds of his servants, so that he was afraid to take food from their hands. She intimated that he wished to get rid of her in order to marry another woman. Many other persons were drawn into the correspondence, and letters were written to and by Mr. St. Clair, Colonel Gamble, Major Grattan and others.
Mrs. Mathews employed John Coalter, afterwards the Judge, as her counsel. By his advice, she applied to Major Grattan for money to defend herself, but he was not authorized to furnish her money " to prosecute a suit against her husband," and refused her request. By the benevolence of friends, she procured means to send Mr. Coalter to Georgia to protect her interests. He had interviews with General Mathews, who refused to appoint any time for bringing the matter before the Legislature. Thereupon, Mr. Coalter petitioned the Legis- lature, as a court having jurisdiction, to require the General to furnish alimony to his wife. What came of this application, and whether,
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indeed, a divorce was actually granted by the Legislature, we do not know .* At one time Mrs. Blackburn called on her step-mother, in Staunton, and by her father's direction demanded and received a pair of silver spoons and a breastpin Mrs. Mathews had brought from Georgia. She complained that his children had not treated her with respect, and he, that she had neglected the children. One letter from Georgia is written in good style. It purported to be from a female slave who professed ardent love for " Miss Margaret," and entreated her to return-that "master " was very melancholy and very amiable; but threatened, if she did not come back, to rent the plantation, hire out the slaves, and join the army. ; She added that her master never would return the property, as it was a small compensation for all he had suffered. General Blackburn was sent in a carriage to escort Mrs. Mathews to Georgia, but she refused to go. Col. Gamble assured her by letter that money to take her home, was at her com- mand. In one of his letters, General Mathews wrote that she knew why he could not come to Virginia, implying a physical disability. He suggested that she get her uncle Davis to come with her as her friend and adviser. She replied that " uncle Davis " was too old, and she had no friend she could ask to accompany her. He charged in several letters that his wife's sister, Mrs. Burns, was at the bottom of the trouble, her motive being to secure for her own children, Mrs. Mathews' estate. Instead of going "home," Mrs. Mathews went to the Sweet Springs, then in Botetourt county, to recruit her health, friends having furnished money, etc., for the purpose.
Finally, Mrs. Mathews brought suit in the County Court of Au- gusta to obtain possession of her estate, and from papers filed in the cause, (Mathews vs. Mathews,) we have obtained most of the fore- going facts. The depositions of many witnesses were taken, chiefly
* An act divorcing the couple was passed by the Georgia Legislature, February 13, 1797.
+ On the 7th of March, 1796, General Mathews wrote to President Washing- ton, expressing a desire to leave the country, and requesting a testimonial "of character and conduct in public appointments." He wrote another letter on the 19th of August following, in which he acknowledged the President's reply, and stated that he had yielded to the protest of his friends against his scheme of expatriation. From the proceedings of the Senate, however, he learned that a Governor was to be appointed "for the Natchez district on the Mississippi," and solicited the appointment for himself. Washington went out of office before any appointment was made, but his successor, President John Adams, nominated General Mathews for the office, as we have seen in the sketch of him elsewhere. The letters referred to are on file in the State Department at Washington.
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to show that Mrs. Mathews could not have returned to Georgia, on account of the condition of her health. Among the witnesses was Mrs. Ann Nelson, a daughter of Sampson Mathews, and niece of General Mathews, who testified that she had heard her cousin, Ann Blackburn, declare that her step-mother was "capable of any wicked- ness." On the other hand, a paper was filed, signed by thirty persons, including all the Presbyterian ministers in the county, testi- fying that Mrs. Mathews was, and always had been, eminently respectable. The ministers were, Archibald Scott, John McCue, William Wilson and John Brown, each of whom appended to his signature the initials V. D. M. (Verbi Dei Minister.) Among other signers were Mr. St. Clair, Judge Stuart, Jacob Kinney and Samuel Clarke, the last of whom married a daughter of Sampson Mathews. Evidently, the sympathy of the community was in behalf of the lady. But as far as the correspondence goes, General Mathews cannot be convicted of wrong-doing. She misconstrued some of his expressions, and in one or two instances unjustly accused him. He charged that she had excited the hostility of his servants against him, and yet, strangely, wished her to return and resume her proper relations with him.
It would seem that General Mathews did not defend the suit. At any rate, a judgment or decree was entered in her favor, in 1796. She resumed her former name and lived till 1827, her will being proved in the County Court at December term of that year. She resided in a long wooden house, one and a half stories high, on the south side of Beverley street, near Water street, where the " Crowle Building " now stands (1892).
No one was more respected by the best people of Staunton than Mrs. Reed. Many persons not related to her testified their respect and affection by calling her "Aunt Reed."
THE STUARTS.
In former times this name was often written Stewart, in accord- ance with the original Scotch mode.
Five or more persons of the name were among the early settlers of Augusta county. One of these (James Stuart) died intestate in 1758. He was probably the father of John Stuart, "of the Middle River of Shenandoe," whose will was admitted to record August 21, 1771, whose wife was Mary, and whose children were John, James,
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Jane, Mary, and Elizabeth. Another John Stuart died in 1790, probably son of the former, and in his will mention is made of his wife (Frances) and children-Mary, Margaret, and Samuel. Dr. Peachy R. Harrison, of Rockingham, married Jane, daughter of John Stuart of the Stone Church, or Middle River neighborhood, and of no other member of this particular family have we any account.
Three other early settlers named Stuart-Archibald, David, and John-are believed to have been brothers, and of these and their de- scendants we have the following information :
ARCHIBALD STUART, a native of Ireland, having been engaged in some disturbance in his native country, fled to America, leaving his family behind. After living in Pennsylvania for some time, he was re- lieved by a general amnesty, and sending for his family came with them to Angusta in 1738. His wife was Janet Brown, a sister of the Rev. John Brown, of New Providence. He died in 1759. His children were three sons, Thomas, Alexander and Benjamin, and a daughter, Eleanor.
I. Thomas Stuart married Elizabeth Moore, and had nine chil- dren. His sons were-
1. James, who settled in Tennessee.
2. Thomas, an officer in the United States army.
3. Robert, who settled in Botetourt.
Among his daugliters were ---
1. Miss Jenny Stuart, baptized by the Rev. John Craig in 1747, lived in Staunton to a great age, and left a considerable estate which she had managed with masculine energy and skill. She owned and resided on the lot at the southeast corner of Beverley and Augusta streets. She also owned the lot at the northeast corner of Frederick and Lewis streets, where her barn and stable were, and many acres near the town. In early life she recovered heavy damages from her cousin, Dr. Isaac Hall, the first of that name and title, in a suit for breach of marriage contract, which was the foundation of her fortune.
2. Julia, first wife of Captain William Lyle, of Rockbridge, and mother of the late Mrs. Dr. Henry Ruffner, of Lexington, and others.
3. Mary, wife of James Moffett, of Augusta, and mother of (I) John Moffett, (2) William Moffett, (3) Betsy, wife of John McClana- han, (4) Robert S. Moffett, (5) Jane, wife of Dr. John K. Moore, (6) Mary, wife of Alexander T. Barclay, (7) Thomas Moffett, and (8) Julia, wife of William Paxton.
4. Elizabeth, wife of Captain William Paxton, of Rockbridge, had five children among them the late Mrs. Alexander S. Hall, of Staunton.
II. Alexander Stuart-the Major Stuart of the Revolution. He died when nearly ninety years of age. His first wife was Mary Patterson, whose children were ----
I. Archibald, the Judge, whose wife was Eleanor Briscoe, of Maryland.
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2. Robert, of Rockbridge, whose wife was Elizabeth McClung. He was the father of the late Major Alexander B. Stuart, and died in 1827.
3. Frances, wife of John Lyle, of Rockbridge, and mother of Mrs. John McDowell, who for many years lived near Staunton.
4. Jane, wife of Alexander Walker.
5. Mary, wife of Alexander Hall, and mother of the late Alexan- der S. Hall, of Staunton, Dr. Isaac Hall, Jr., and others.
6. Elizabeth.
7. Eleanor.
Major Stuart's second wife was Mrs. Mary Paxton, widow of Samuel Paxton, by whom she had a son named Samuel. Her maiden name was Mary Moore, and she was an aunt of the Mary Moore who is known as "the Captive of Abb's Valley." Her Stuart children were James, Priscilla, (wife of Benjamin Hall), Alexander and Benja- inin. Alexander was Judge of the United States Court in Missouri, father of Hon. Archibald Stuart, of Patrick county, and grandfather of General J. E. B. Stuart of Confederate fame.
III. Benjamin Stuart, whose children were-
1. Major Archibald Stuart, the Captain Stuart of the war of 1812. His sons were Andrew and Benjamin.
2. John, who removed to Indiana.
3. Mrs. Nancy Alexander, motlier of Dr. Cyrus Alexander.
4. Mrs. Mary McClung.
5. Mrs. Bettie Allen, second wife of Dr. James Allen.
IV. Eleanor, daughter of Archibald and Janet Stuart, married Edward Hall, a native of North Ireland, who came to the Valley in 1736, and settled on South river, six miles above Waynesborough. They were married April 24, 1744, and had ten children, several of whom died young. Those who lived to maturity were-
I. Isaac Hall, Sr., born May 12, 1747, and studied medicine in Scotland. He jilted his cousin, Miss Jenny Stuart, and suffered the penalty, as stated. His wife was Martha Everard, of Petersburg, where he resided.
2. Sally Hall, born December 19, 1751, and married Captain James Tate, who was killed in the battle of Guilford. She afterwards married Hugh Fulton.
3. Thomas Hall, born August 31. 1754,-twice married.
4. Elizabeth Hall, born December 27, 1756, married Colonel Andrew Fulton. Judge Andrew Fulton, of Wythe, and John H. Fulton, M. C., of the Wythe District, were sons of Andrew and Elizabeth Fulton.
5. Alexander Hall, born May 24, 1759, inherited his father's homestead. Married his consin, Mary Patterson Stuart, daughter of Major Alexander Stuart, and sister of Judge Archibald Stuart. Among his children were Mrs. Eleanor Douglass, Alexander S. Hall, Dr. Isaac Hall, Jr., and others.
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6. Benjamin Hall, born February 17, 1765, married his cousin, Priscilla Stuart, and removed to Missouri.
7. John Hall, born May 31, 1767, settled in North Carolina, and was a Judge of the Supreme Court of that State.
DAVID STUART .- Withers states in his Border Warfare that a John Stuart married the widow of John Paul, and came to Virginia in 1752, with Governor Dinwiddie. It was David Stuart, however, Cap- tain and Colonel Stuart of the Indian wars, who married the widow Paul. It is stated that John Paul was killed during the rebellion in Scotland, in 1745. He left two sons, one of whom was a Catholic priest in Maryland, and the other Capt. Audley Paul ; and two daugh- ters, Ann and Mary. According to tradition, David Stuart and the widow Paul were married in Wales, and her children came with her to America.
If David Stuart ever was a protege of Dinwiddie, he soon lost the Governor's good-will, as many of the Dinwiddie letters express great dislike to Stuart. The probability is that Stuart had no personal connection with Governor Dinwiddie. He certainly settled in the Valley long before Dinwiddie became Governor of the Colony. A David Stuart, an adult, was baptized by Mr. Craig January 21, 1747, "after profession of faith and obedience." Colonel Stuart is said to have lost his life by drowning in the Shenandoah river.
The will of David Stuart was admitted to record March 19, 1767. It was written by himself, and its meaning is doubtful in several particulars. The testator mentioned his wife Margaret, his sou John, his daughters "Sebing " [Sabina] and Elizabeth, and his wife's daughter, Mary "Pall" [Panl]. The will appointed William Lewis and George Mathews executors ; but the former declining to serve, Mathews and Andrew Lewis qualified as administrators with the will annexed.
Ann Paul was the wife of George Mathews. Her sister, Mary, did not inarry.
I. John Stuart, son of David, is well known as Colonel John Stuart, of Greenbrier. He was born in Augusta, March 27, 1749, [Johnston's Old Clerks]. If the date of his birth is correctly given, he was only twenty years of age when he, with Robert McClanahan, Thomas Renick and William Hamilton, went to Greenbrier, in 1769, and made the first permanent settlement in that region. McClanahan was only a few months older. Stuart was a Captain in Colonel Flem- ing's regiment at Point Pleasant, in 1774. In 1778, a party of Indi- ans assailed Fort Donnally, eight miles north of the site of Lewisburg, then called Fort Union. Stuart was at the latter place, and organizing a force, went to the relief of Donnally. The Indians were defeated, and never again invaded that region.
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