The Quarterly, September 1989

Of records that can be found are bond and decree books, writs in partition, mortgages and guardian bonds. Generally, these only provide dates and names without detail. However, there is one set of surviving records that gives the testimony as taken down by a court reporter. This is the Original Evidence Book of the Court of Equity, 1841-1868 (the State Archives microfilm number is C1743).

Some of the most valuable and interesting testimony in the Original Evidence Book, or Journal, concerns guardianships (the Silas Buckhannon vs. John Campbell case printed elsewhere in the Quarterly is one of the most lengthy and involved cases). Most of the guardianships were uncontested but do reveal relationships of the adults who petitioned as guardians for the youth (by law, each child under sixteen had to have a legal guardian but in practice the age of twenty-one was followed). The guardian was most likely a relative, often an uncle or an older brother. Although mothers might be guardians of their children, the courts generally favored adult males and rarely will a woman other than the mother become the guardian.

The following June 19, 1823 petition for guardianship by Samuel Schooley is a good example:

"That the children of whom guardianship was sought are minors under the age of twenty-one years. That Samuel Schooley, their brother, is a fit and proper person to be appointed their Guardian and that the amount of the estate coming to each of the wards is $430.00 and that the mother was desirous of the appointment....

"Whereon motion of Witherspoon it is ordered that the report of the Commissioner be confirmed, and become the decree of the Court, and that Samuel Schooley be appointed the Guardian of the persons and estates of James Schooley, Cynthia Jane Schooley and William S. Schooley, on his giving separate bonds and goods security in double the amount of each ward's Estate. The costs to be paid out of the Estate of the children each to be charged their own costs."

(York County Equity Journal B, 1841-48, pp. 54-55)

Here is another example that is complicated by a land partition that would affect the rights of a minor:

Elizabeth Partlow}

Abel Bullenger & Wife} vs. {Elizabeth Partlow & James R. Bailey & Wife}

{Doctor R. Partlow Louisa Partlow}

"This bill was filed in my office on 29 April 1844 by the Compls for a Division of the land of Boswell Partlow dec'd. Some of the heirs at law of the said estate being minors on application of Col. I. D. Witherspoon for the Compls. I made the following order, viz,

'Ordered that Samuel D. Carothers be appointed the Guardian ad litem of Elizabeth Partlow and Doctor R. Partlow with power and authority to make all necessary answers.'"

W. I. Clawson, C.E.Y.D. [Commissioner of Equity York District]

"The Guardian ad litem accepted the appointment....I ordered a writ in Partition [that]...Col. James M. Harris, James Carothers, James McKee, R. H. Fulwood, and Joseph F. White [be appointed commissioners] and that they do partition and divide the lands...before the third Monday in June next."

W. I. Clawson, C.E.Y.D., 29 April 1844."

(Equity Court Journal, Book B, 1841-48, pp. 78-79).

It is not unusual to find various guardians chosen for the children, especially if the children were numerous. Here is an example of multiple-guardianship:

Margaret McElwee &}

Margaret A. McElwee} vs. Bill for Partition Division William Oates & wife} and others }

"This bill was filed in my office on 13th Feby 1844....ordered that William Oates be appointed the Guardian ad litem of Samuel Lawson McElwee Oates one of the infant defendants in this case.....

"Also....ordered that William McGill be appointed the guardian ad litem of John McGill, Martha McGill, William McGill, and Margaret J. McGill four of the infant defendants in the case...

"....on motion of William's & Alston, compls Solicitors. Ordered that writ of Partition and division of the lands...directed to John Brown, R. T. Allison, N. P. Kennedy, J. N. McElwee, senr and W. D. Lesley to make partition and division of the lands....Feb. 20, 1844.

W. I. Clawson, C. E.Y.D., Feby 20, 1844"

(Equity Court Journal, Book B., 1841-48, pp. 75-76).

In the year 1844 there was a lengthy and complicated guardianship case involving Bratton children. George Steele petitioned to become the guardian for Robert McCaw Bratton, Martha E. Bratton, Mary C. Bratton, Sophia C. Bratton, Elizabeth Bratton, Harriet J. Bratton, Eliza Jo Bratton, Agnes Bratton, Thomas Bratton and Napoleon Bratton, heirs of Mrs. Harriet Bratton. The estate was appraised with $6,885 designated for each child and the guardians were Samuel E. Bratton for Harriet J. Bratton, 11, Elizabeth Bratton, 13, and Eliza Jane Bratton, 11 and 1/2. Harriet Bratton was made guardian for Robert McCaw Bratton, 20, Mary C. Bratton, 16, and Martha E. Bratton (no age given). James R. Bratton was appointed guardian for Agnes Bratton, 6, Thomas Bratton, 4, and Napoleon Bratton, 2. It was not uncommon for a large family of children to have multiple guardians. Perhaps the reason was the size of the bonds required for each guardianship. The bond was always twice the value of the estate. Since there were ten Bratton minors, in this case the bond money came to $137,700--a fortune in those days.

SMALL POX REALLY CHICKEN POX

"A stranger arrived in our town on Monday last on whose body and face were evidence of some contagious disease. A report soon obtained currency that he was afflicted with the small pox, and the matter soon brought to the attention of the Town Council, he was sent five or six miles into the country and placed under the care of a proper nurse. On yesterday, the Town Council dispatched three of our practicing physicians for the purpose of examining the case and submitting a reliable report. We herewith submit the state of the physicians:

"To the Indendent and Wardens of Yorkville:

"Gentlemen: We, the undersigned practicing Physicians in this place, having examined by your request, the case of a Mr. Edwards, who came into our town on Monday last; and from the fact of his being a stranger, complaining of being unwell, and having some eruption on his face and body, caused suspicion that he might be subject to Small Pox, and who was immediately removed by your authority to a house in the country for care and attention, do hereby unhesitatedly pronounce the case of Mr. Edwards to be of virulent Varicella, or Chicken Pox; and can assure the Public, that they need have no fear of taking Small Pox from his case.

Signed: A. I. Barron; J. R. Bratton; H. G. Jackson."

(Yorkville Enquirer, January 26, 1860)

WILLIAM HILL
by Eugenia Hill Smith

William Hill (1741-Dec 1,1816), a South Carolina ironmaster and Revolutionary soldier, was born in Ireland of English parents. Upon arriving in America, he settled in York County, Pennsylvania, but soon migrated to what is now York County, South Carolina in April 1762, taking out a land grant for 100 acres on Bowers Mill Creek. Before the Revolution he acquired grants aggregating 5,000 acres in various localities, but mainly near Nanny's Mountain, where iron ore was believed to be inexhaustible.

With Isaac Hayne, he began iron work on Allison's Creek, York County, where farm tools, smith's tools, kitchen wares, swivel guns and cannon balls were manufactured. Most of the cannon balls for the siege of Charleston were made at these furnaces. Although carefully guarded, the iron works were burned by the British in June 1789. William Hill lost his home, grain mills, sawmills, tenant houses and about 90 tenants. Leaving his family in a log hut, he joined Gen. Thomas Sumter as Lieutenant-Colonel of the militia. Hill soon fought at Williamson's plantation, distinguished himself at Rocky Mount, and although wounded in the arm at Hanging Rock, was present at Kings Mountain.

Living near Kings Mountain, he was instrumental in helping to plan the battle there, since he knew the region so well. He encouraged the men who had become discouraged, thinking the American cause was lost. Kings Mountain is known as the turning point of the Revolutionary War.

After the Revolution, Hill served many terms in the South Carolina legislature. In 1785-99 he was a member of the County Court of York. He rebuilt Æra Furnace in 1787 and Ætna Furnace the next year. He employed miners, founders, woodcutters and colliers, whom he paid in iron.

The Kings Mountain National Park museum has a "Billy Hill Ironworks" display which features articles such as were made at these furnaces

The Draper Manuscripts describe William Hill as a man of 5-feet, 9-inches in height, thin, with a rather large nose and slow of speech. Elsewhere, he is said to have had a vigorous personality. He often spoke in the legislature and he wielded great influence in his community.

Colonel William Hill's Memoirs of the Revolution was written in 1815 when he undertook to correct some misrepresentations and facts pertaining to the action at Kings Mountain.

At age 75, William Hill died and was buried at Bethel Cemetery, next to Bethel Presbyterian Church where he was a member. Bethel Church is located near Clover, York County. His grave remained unmarked until 1958 when the school children erected a stone upon which is written an unforgettable tribute to his life.

Next to his grave is a marker for a Jane Hill who died in 1809. It is not known if he was married more than once, but this marker makes one wonder, since he mentions his wife, Jane, in his will of 1814. In his will he also names his sons, Andrew, Robert, Solomon and William, and grandchildren of his daughters, Elizabeth and Rachel.

His son, Solomon, died in 1825, leaving his wife, Nancy, and several children. It has been said that perhaps he died in Mississippi where his son, William R., was living in Madison County. It has not been determined where Robert Hill finally settled, but William, who "went West," settled in Ohio, while Andrew remained in York County and is interred in Bethel Cemetery. Later, Andrew's widow, Isabella Juliet, son Robert C., daughter Isabella, along with married daughter, Elizabeth (Mrs. James L.) Donaldson, moved to Tippah County, Mississippi.

Another son, Franklin Giles Hill, moved his family to Tippah County prior to January 1853 when he purchased land there. He and his wife, Elizabeth Wallace, were parents of eleven children, three of whom were born in Mississippi. The children grew up there and all but one married and remained there the rest of their lives. Later, one son went to Oklahoma, remained single and died there. One daughter and her husband moved their family to Texas in the 1890s.

THE DESCENDANTS OF MATTHEW IRWIN (ERWIN)
By Addie Stokes Mayfield (Mrs. H.L.) and William Boyce White, Jr.

(Note: Mrs. Mayfield, lineal descendant of William and Sarah (Ross) Erwin, and Mr. White, lineal descendant of James and Margaret (Chesnut) Irwin, are both Rock Hill High School retired teachers. They have submitted not only a fine family history but also have skillfully demonstrated how to correct long standing misinterpretations of data. Due to the length, we regret that it is necessary to print the article in two parts.)

Although this study of the descendants of Matthew Irwin (Erwin) gives a brief account of the first four generations of the family, the chief purpose in writing is to present evidence to show, first, that Nathaniel Irwin of York County, South Carolina, was a brother of William Erwin (1735-1814), not his father, as so many writers in previous years have claimed, and, secondly, that earlier family historians unintentionally omitted the name of Matthew's second son, James from the list of children.

The Carolina Erwins (spelled variously Irwin, Erwin, Irvin, Ervine, Irvine) descended from the Erwins of Drum, found in the Kingdom of Scotland in the sixteenth and seventeenth centuries, according to the best historical evidence. Several of the younger sons of this ancient Scottish family emigrated to Ulster (Northern Ireland) before 1700. Among their descendants in Ireland was Matthew Irwin, born about 1710-1715, who removed to Pennsylvania after 1735 with his wife and one or more children, born in Ulster. If we are to believe a newspaper account of son Alexander's death, the family settled first in Bucks County, Pennsylvania, where they lived briefly before migrating south into the Valley of Virginia--into the general area of what are today Frederick County, Virginia, and Hampshire County, West Virginia.

We know that the Irwins (Erwins) were in the Frederick/Hampshire section before 1755 because Dr. Maurice Moore, in his Reminiscences of York, has an exciting account of William Erwin's participation in the Battle of Fort Duquesne, on July 9, 1755, as one of Lt. Col. George Washington's Virginia colonials. When this major defeat laid the Valley of Virginia open to the attacks of marauding bands of French and Indians, thousands of the Valley settlers feld southward along the Great Philadelphia Wagon Road to the shelter and safety of the Carolinas. Matthew Irwin and his children were among these transplanted Virginians, as were members of the Phifer and Chesnut families. As Mary Boykin Chesnut says in her famous Diary from Dixie: "The Phifers who live opposite are descendants of those Phifers who came South with Mr. Chesnut's ancestors after the Fort Duquesne disaster. They have been driven out of the Eden, the Valley of Virginia, once before."

The first official record of the Irwin (Erwin) presence in the Carolinas is a deed of March 4, 1756, recorded in Anson (later Mecklenburg, and still later Cabarrus) County, North Carolina. This document places the family on Rocky River in what is now northern Mecklenburg County and southern Cabarrus county. Matthew identifies himself in the deed as a tailor selling cattle to one John Gilmore for "£4 money of Carolina." Witnesses to the deed were John McClean and McN. Irwin. It was recorded by Nathaniel Alexander on April 3, 1756.

Later, Matthew's oldest son, William Erwin, was befriended by the Catawba Indians and was given by them a large tract of land lying between Steele Creek and the village of Charlotte, between present-day Fort Mill and Pineville. It appears that others of Matthew's family, including the father, moved to this area also, in southern Mecklenburg County, to be near the settlement of William Erwin. Certain it is that William's brother Nathaniel Irwin lived here for a time. And still later, William Erwin took up lands west of Yorkville (York), York District, South Carolina, as noted by Dr. Maurice Moore.

On October 21, 1867, letters of administration were granted in Mecklenburg County to Nathaniel Irwin on the estate of Matthew Irwin, deceased, doubtless his father. Bond was set at £50. Charles and Ezra Alexander were appointed as securities. This is the strongest available evidence to prove that Matthew Irwin was the father of Nathaniel, William, and others whose names will appear below.

Before starting the list of the descendants of Matthew Irwin, the writers would call the reader's attention to a detailed explanation of why they believe Nathaniel was William's brother and why they believe the previous family historians erred in omitting James's name from the list of Matthew's children.

To begin with, a local historian examining all the Erwin/Irwin estate papers in the York County (S.C.) Courthouse, discovered that three critical documents had been misfiled many years ago and had, consequently, been lost sight of. These items relate to the appointment of guardians for the minor children of Nathaniel Irwin, deceased. In Guardian File #66-3216, we find that Jonathan Sutton is being appointed guardian of William Irwin, son of Nathaniel. In File #65-3016 we have Arthur Irwin being made guardian of James Irwin, also a son of Nathaniel. In file #66-3217 Jacob Julian is being appointed guardian of Nathaniel Irwin, Jr. When one examines the dates of these actions--1796, 1803, and 1797, respectively--one knows at once that it would be highly unlikely for a man born in 1713 to have minor children with guardians eighty-five or ninety years after his birth! The writers feel confident that they are correct in asserting that Nathaniel was born probably in 1743, not 1713, and that Nathaniel was a younger brother of William Erwin, whom previous researchers recognize as the oldest child of the progenitor, Matthew Irwin. And, too, no man would name two living children "William," as would be the case if one insists that Nathaniel Irwin was the father of William Erwin (1735-1814).

From York County (S.C.) Minutes of the County Court, Book A, April Court 1790, page 267, we learn that Nathaniel Irwin was appointed overseer of the road from Sturgis's ferry to the North Carolina line. Does common sense not teach us that a man seventy-seven years of age would not be out in the weather working with a road crew to repair the primitive roads of the eighteenth century? It cannot be argued reasonably that Nathaniel was born in 1713, a date which persists even today in published works on the subject. The writers affirm their belief that the year of Nathaniel's birth was closer to 1743 than to 1713.

Secondly, another interested student of Irwin genealogy discovered among the William Erwin papers in the South Caroliniana Library, in Columbia, S.C., an original letter of 1799 from Alexander Irwin of Camden, to his uncle (so designated in the letter), William Erwin of York County, S.C. Since Alexander of Camden was the acknowledged son of James Irwin who died in Anson County, N. C. in 1761, and since Alexander addressed William Erwin as "uncle," it is clear that the name of James must be added to the list of Matthew's children.

The writers offer the reader these two major revisions in the Irwin/Erwin genealogy and invite other researchers to examine the evidence for themselves. Finally, the inscription on the tombstone of Nathaniel Irwin at Bethesda Presbyterian Church must be re-examined in light of these findings. Nathaniel's marker at death (1794) would have probably been erected at the earlier location of Bethesda Church cemetery which was located one and one half miles east of the site to which the church was removed in 1820.

We come now to the listing of the children, the grandchildren, and the great-grandchildren of Matthew Irwin, who died in Mecklenburg County, N.C., in 1767:

Children of Matthew Irwin

I. William Erwin, 1735-May 20, 1814
II. James Erwin, ca. 1737-
III. Arthur Erwin, 1737-1821
IV. Hugh Erwin, ca. 1741-
V. Nathaniel Irwin, ca. 1743-1794
VI. John Erwin, ca. 1745-
VII. Susannah ("Susan") Erwin, ca. 1747
VIII. Alexander Erwin, 1750-June 20, 1830

Details of these children, their children and grandchildren will appear in the next issue.

CATAWBA LIGHT INFANTRY

The following roster of Confederate recruits was printed in the Yorkville Enquirer on May 3, 1861. From the names it would appear that most of the men were from the Allison Creek and Ebenezer areas of York County.

Officers: R. H. Glenn, Capt; H. A. Wallace, 1st.Lieut; S. L. Campbell, 2nd Lieut; W. L. Thompson, 3rd. Lieut; J. A. Glenn, 1st Sgt; A. A. Barnett, 2nd Sgt; J. H. Berry, 3rd Sgt; J. T. Thompson, 4th Sgt; J. B. Tate, 5th Sgt; S. D. Simril,1st Cpl; J. R. Wallace, 2nd Cpl; J. C. Stewart, 3rd Cpl; R. Latta, 4th Cpl; W. R. Glenn, 5th Cpl; G. W. Mason, 6th Cpl.

Privates: J. P. Anderson, J. J. Divinny, A. A. McKenzie, S. R. Adkins, W. N. Abernethy, J. J. Barnett, J. S. Armstrong, A. A. Barron, B. F. Boyd, J. O. Barnes, J. B. P. Brison, J. B. Brown, D. F. Barnett, W. J. Bowen, J. M. Barnett, J. V. Choat, R. W. Choat, J. R. Cook, W. E. Campbell, N. B. Campbell, J. H. Cathcart, W. J. Collender, B. F. Fewell, J. S. Fewell, W. J. Felts, J. H. Glenn, S. A. Glenn, S. L. Glenn, R. B. Glenn, Thos. Grier, W. F. Garrison, T. J. Huddleston, R. R. Huddle-ston, H. J. Hutchison, D. M. Johnston, W. G. Johnston, S. W. Jackson, L. L. Laney, D. A. McCarter, J. A. McCarter, W. A. J. McCollum, John W. McCully, R. H. McCully, Robert McCaw, W. R. Moore, J. S. McKenzie, S. A. Michel, J. F. Nesbitt, W. P. Poovy, G. A. Patrick, R. V. Patrick, J. W. Pierce, L. D. Quinn, J. J. Simrill, J. A. Stewart, J. Timberlake, J. F. Wallace, S. W. Wallace, R. P. Wilkerson, J. R. Warren, L. R. Williams, C. G. Wood, W. D. Watson, J. S. Wright, A. Yearwood, T. W. Youngblood , Orin Youngblood.

On June 6, barely a month later, the Enquirer printed the first death from this group : "It becomes our painful duty to announce the death of our friend Mr. G. Washington Mason, a member of the "Catawba Light Infantry," who died in Columbia, on the 30th ultimo. He was attacked with fever while on duty at Sullivan's Island, and was being removed to his home in this District. His remains arrived at the depot on Friday last, and were escorted through the town by a detachment of the 'Catawba Light Infantry,' the 'Kings Mountain Cadets,' and the 'Jasper Light Infantry.' It was a sad and solemn scene."

ASH BIBLE RECORD

A one-page fragment from a family bible in possession of Brenda Cameron, 109 Rollins Rd., Forest City, NC, 28043 contains the only known record of the following:

Births: [William]. B. Ash was [bor]n March 19th 1785

[Esthe]r Ash was born Sept 27th 1786

Elisabeth Ash was born Sept 27th 1821

Robert E. Ash was born Nov 30th 1823

Hew Brown [Ash] was born Nove [13, 1857]

Deaths: Ester Ash Died the 28th October 1864

William B. Ash Died the 16th of March 1865

Robert E. Ash Died October the 21st 1872

Elizziebeth A[sh] Died January 22, 1891

On the back of the page:

W. B. Ash and Esther Burris were married April 22, 1812

SILAS BUCKHANNON V. JOHN CAMPBELL, ADM.
(Continued from last issue)

(From York County Court of Equity Journal in 1848, pp. 157 ff. The original spelling and punctuation has been retained.)

Present: Solicitors J. Bolton Smith and I. D. Witherspoon.

George P.White. Sworn on the part of Compt.

Testifies. Knew Mary B. after she went to John Campbells. Lives a mile and a half from Campbells. This Mary was a healthy girl. She appeared to be stout. The services of a girl 15 years of age would be worth her board and clothing....Did not know Mary well--saw her but seldom.

Boarded girls who were not put to work at $12 a year--his nieces--furnishes no clothes, but boarded and washed. His niece had a large Estate, some 5 or 6000 dollars.

John Shaw. Testifies. Worked in 1842 & 1843 for John Campbell. Was there nearly all of 1842 and until July of 1846 constantly and afterward at different times to the end of the year....In the year 1842 Mary had sickness--don't think her service worth board. ....When Mary was sick Mrs. Campbell attended to her well. Says he heard Campbell say that he was spending money for Mary to try and save her Estate....Don't know what was the first disease Mary had in 1842, it was feaver and then Measles. Don't know of his own knowledge that Mary had any other diseases than the ones before alluded to--except her inordinate desire for water. Has seen her at night drink from 1 1/2 to 2 gallons and repeat it in the morning....

James Jones. Testifies.

Lives about 1/2 mile from Campbells. From 1841-1845 was frequently at Campbells. Knew Mary--had three spells of sickness--& the neighborhood was generally sickly at the time....Has seen Mary carding and spinning and setting table--can't say who spun for. Saw Mary passing to and fro from kitchen to House carrying in victuals....From what he saw Mary doing--if she had been at work for Campbell her services would have been worth board and clothing while in her ordinary health. Campbell treated Mary well--dressed her well. Campbell is in good circumstances....

Daniel Wright. Testifies--

S. Buckhannon married a sister of his, was often at Buckhannons--frequently several times a week. Never knew Silas to abuse A. C. Buckhannon his son--always was kind to him--he was fed and clothed as well as children in his situation could be--could not keep much clothing on this child to keep it decent. Never knew boy at John Campbells. Saw Mary once. She then seemed healthy. Thinks she then was living with White at time he saw her she was with father at Wood's Store and father was buying goods for her. Never saw any marks or bruises on Alexander where show him--boy stayed at his mothers frequently "off & on." When Buckhannon lived near Fewells had the means of living well. Always lived as well as anyone. When he went away took a waggon and two horses and load of plunder. Did not run away. It was generally known in the neighborhood that he was going to remove before he left. Buckhannon was very kind to his wife. More than most folks--and also kind to his children--was attentive to wants of family and never neglected them. Was not insolvent when left here--paid up his debts before he left. Saw Buckhannon buy bonnet and give it to Mary--don't remember of anything else. Heard Buckhannon say that he was making waggon to pay bill for keeping Alexander.

Says that it must have been 12 or 13 years [in 1835 or 1836] since Buckhannon married his sister.

Complainant offers the Appraisement and Settlements of John Campbell Adm. of Elizabeth Campbell.

From Settlement 26 Feby 1841 in which the Admr. acknowledges in his hand, $653.88 going to the heirs of Elizabeth Campbell.

In this Settlement the Adm. takes credit for $213.56 Cost and Expenses incurred in prosecuting a suit for the heirs against Matthias Williams for a trespass on the land of Elizabeth Campbell. Offers also the last will and Testament of Elizabeth Campbell dated 31 August 1821.

For the Defendant

Charles McElwain--Is the father in law of John Campbell. Knew Mary B. and she came to Campbells...in 1841. Says Mary was sick often. Mary was a great deal of trouble. Saw A C. Buckhannon at John Campbells in the year 1830 & stayed there about 3 years. Mary was kindly treated by Campbell. ....Can't say that anyone in that neighborhood was very healthy in time Mary was sick....

Isabella Black. Testifies. Knew Mary P. B. Went to Campbells in January 1841, remained until Feby 1848 time of death. Visited and associated with Mary. Mary was unhealthy....went to school in 1841 all the year to Currence.....Knows of her going to singing school in 1843...From Campbell to schoolhouse better than a mile. Mary walked and went every day...usually made her own dresses. Was not a very good seamstress. Singing school three miles from Campbells. Met once a week.....John Campbell is uncle to witness. In 1844 Mary...took pleurisy and had chill & fever. In her last illness was sick 3 or 4 days.

Says that Mary rode to singing school--Campbells horses. Also rode to church. Commence August to Singing School and went until March. As regular attendance as the other girls.

James McElhaney for Compt. Complain't proposes to prove by witness' declaration of William Campbells that he adopted Mary P. Buckhannon into his family as his own child and that he intended to do with it as his own child.

Defendant objects to the testimony on the ground of its incompetency. Objection sustained.

Daniel Wright. Recalled for the Complainants.

Says that it is a remarkable trait in the character of the Buckhannons to drink inordinate quantities of water. Silas Buckhannon and all his family had the same thirst, and that they were as healthy people as he ever knew. Don't know whether ACB {Alexander C. Buckhannon, Silas' son] drank more water than usual. Silas never complained.

(To be continued.)

ANOTHER REVOLUTIONARY WAR VETERAN IN 1840 CENSUS

David Stephenson (Stinson), Sr., aged 84, should be added to the 1840 census list we offered in the last issue. Thanks to Mr. W. B. White, Jr. for sending this information. The two spellings were common in this area before the Civil War. To paraphrase Daniel Stinson of Chester County's Fishing Creek area who once complained that some of his relatives had "gotten fancy" and started spelling their name Stephenson--"soon they will pronounce it Steveson and after a while some clerk will set it down that way and how then will you know who you are kin to?"

INDIAN FERRYMAN

The following York County story, "Indian Ferryman," is taken from John A. Bigham's Good People and Great Places of South Carolina, a popular compilation of articles Bigham wrote in the 1950s and 1960s for the Columbia Record, Sandlapper Magazine, the State Magazine, and others. A copy of the 209-page paperback may be ordered directly from John A. Bigham, 3205 Michigan St., Columbia, SC 29205. The price is $8.00, plus $1.50 for postage and handling.

A Catawba Indian with the resounding name of of Early Bearly Morgan Brown holds perhaps the most unusual job of the hundreds of persons employed by the South Carolina State Highway Department. Mr. Bown, a great grandfather who says that 63 summers have come and gone since his birth on the Catawba Reservation near Rock Hill, operates Ashe's Ferry on Highway 504 between U.S. 21 just below Lesslie in York County and Van Wyck in Lancaster County. His job is unique inasmuch as the profession of ferrying in this state is becoming more and more a rare thing. There are three ferries in the state, but the one presided over by Early is the only one on a primary road in the highway department's system.

The copper skinned Indian ferryman has operated Ashe's Ferry for twelve years, but he claims another twelve years experience on a county ferry once located a few miles down the river. At one time Early became somewhat fed up with ferrying and took off for Ohio where he "hired out": as a pottery maker. The Catawba Indians have for generations been known as fine potters. However, Early came back to South Carolina and no doubt plans to end his days along the banks of the river which is named for his people.

Aside from transporting trucks to and from Ashe Brick Works on the east bank, Early gets most of his business from curiosity seekers. He ferries more cars on Sundays and holidays than any other time. 250 cars or more may cross on these days. On the Sunday that I was there, traffic was steady and there was at least unwilling and unhappy customer. A hardhearted husband, desirous of inspecting some property on the other side, ignored the pleas of his wife who would not be left behind but who hollered and wept from fright the entire trip across.

The people in the community tell many interesting stories about this picturesque ferry. A Columbian, Reese Lesslie of 3906 Eureka Street, grew up in the small hamlet of Lesslie. He relates that the only way he and his bride could escape their pursuers after their wedding was via the ferry, having made arrangements in advance with Early to get his new wife and himself across the river. By the time the ferry could be returned to the York side, Mr. and Mrs. Lesslie were well on their way. Another story tells that a citizen of the community, bent on urgent business across the stream,dashed up in his car, thought he saw the ferry on his side of the river, and drove smack into the water. His eyes had betrayed him for the ferry was docked on the opposite bank.

Early Brown will on occasions arise from his slumbers and help a needy driver who wants to cross in the middle of the night. However, his job calls for only daytime duty. He told me that three cars are ferried across every morning around 4 o'clock by their occupants who are quite willing to allow Early his sleep as long as he will allow the use of the ferry. Young men who court across the river may find themselves forced to drive 30 miles to get home in case they extend their visit to the wee small hours. Sometimes Early sleeps pretty soundly and doesn't hear the desperate horn blowing of these swains.

Many South Carolinians, interested in their state, are unaware of Ashe's Ferry and its interesting operator and even of the Catawba reservation a few miles up the river. Early Brown is a friendly man, likes to talk, and welcomes visitors. Persons who want to ride and have no place to go might by visiting Ashe's Ferry discover a pleasant and profitable way to spend an afternoon.

"The State Magazine," October 31, 1954. Reprinted with permission of the author.

[Editor's aside: The late Julian Starr, Jr., newspaperman and native of Rock Hill, lived on the Van Wyck side of the river but frequently had business on the York County side. Mr. Starr was once heard to remark about Early Brown, "He may be Brown but he is never Early." Nowadays, thousands of cars daily pass over the river on a modern bridge necessitated by the arrival of the giant Bowater Industries paper mill. The ferry is only a pleasant memory.]

LITTLE YORK

"My great grandfather, John J. Coltharp, lived at "Little York," a long lost settlement lying between and just north of the fork of Sugar Creek and Steele Creek, approximately two miles northeast of Fort Mill, South Carolina. According to tradition, this settlement predated Fort Mill and some say Fort Mill was an outgrowth of "Little York."

"Evidently this was a thriving community during the latter part of the 18th Century and early part of the 19th Century. In addition to the homes, there was a mail relay station, store, saloon, school and the first edifice of the Unity Presbyterian Church and adjoining cemetery. According to Miss Zoe White, the first Unity Presbyterian Church was a log structure built about 200 years ago [1788], located near the Steele Creek Bridge, one and one-half miles from Fort Mill. This structure burned and was rebuilt in 1804 about one-fourth mile south of the graveyard gate."

(Thomas Murray Faris in "Coltharp Descendants of John J. Coltharp and Malinda Coltharp," 1971.)

SOUTH CAROLINA LAND & IMMIGRATION SOCIETY

During the Reconstruction era following the Civil War, the southern state governments encouraged the immigration of white protestants from Northern Europe who, it was hoped, would bring artisan and industrial skills to the area. A desire to industrialize, accompanied by discomfort with the sharecropper system and the failure to adequately accommodate the ex-slaves in a new labor system, resulted in a number of recruitment schemes involving state governments, localities, and railroad and shipping lines, along with private enterprise. The efforts to recruit Europeans lasted into the 1900s (officially, South Carolina's efforts ended in 1907 after two shiploads of state-financed German and Belgian workers rejected life in upcountry textile communities).

The following is typical of notices that ran in local newspapers:

"A letter from Messrs. London & Jones, of Rock Hill, informs us that they have been appointed agents for the South Carolina Land and Immigra-tion Society, in York County. They have appointed Capt.T. S. Jefferys, at the Savings Bank in Yorkville, as their subagent." (Yorkville Enquirer, June 29, 1871).

London and Jones were probably John Rutherford London and Iredell Jones. Do any of our readers know of any successful transplanting of European immigrants to York County other than a small colony of southern Europeans (one was Joseph Tschellier) who worked at Gratton, a brickyard outside of Fort Mill, circa 1910?

MAKEUP OF THE EARLY YORK COUNTY JURIES

York County's first county court session occurred in January 1786. In 1785, the South Carolina governor, Hon. William Moultrie, commissioned York County's first Justices of the Peace: William Bratton, William Hill, John Moffet, David Leech, Francis Adams, James Wilson of Kings Creek, and John Drennan, Esqs. Minute Book A, January 1786-April 1792, states that the above named justices met and acted as the first jury.

For the second session of County Court ordered for April 1786, a Grand Jury and a Petit Jury were selected. The Grand Jury's 20 members were: Robert Johnston, Sr.; Robert Leeper, Sr.; Robert Adams, John Faries, Sr.; James. Faries; Matthew Bigger; Thomas Black, Sr.; John Anderson; James Wilson, B.C.[Bullock's Creek]; Warren Beaufort; Joseph Laney; William Minter; Frederick Hambright; William Copelan; Sr.; Capt. William Byers; John Venables; James Ross; Capt. John Chambers; Samuel Moore and Philip Sandiford. The Petit Jury's 32 members were: William Davis; Joseph McKenzie; Thomas Patton; James Bigger, Jr.; Joseph Waddle; Alexander McWhorter; Archibald Barron; Nathaniel Henderson; John McConnel; John Swan; John Polk; Sr.; James Greer; Samuel Rainey; James Mitchel; John Carson; John Dickey; James.Hilhouse; Robert Kirkpatrick; David Dickey; Alexander Barron; James Hope; John Moore; William Smith; Abraham Green; Isaac Sellers; ; William Blair; Robert Brown; John Wilson; William Carson, Sr., Francis Gilmore; Robert Patterson; John Jordan.

The basis for choosing the jurors was not stated in the Intermediate Court Minutes. Perhaps, the Justices of the Peace, who were themselves representatives of the various parts of the county, made the nominations. Whatever method was used was apparently not entirely satisfactory for in the January Court of 1790 Minutes there appears the following: "Ordered that the Captains of the different Companies, as soon as may be, make out lists of the freeholders in their respective companies, and that they return the same to the Clerk in order that a compleat Jury List may be made up."

So, beginning with the April Court of 1790, members of the militia companies functioned as Grand and Petit Jury members. The militia companies were divided into areas of the County known as Beats so that the change in method of selection preserved the principle of geographic representation. The Beats eventually became divisions of the county known as townships.

What about the people of the Catawba Indian Land? The Indians held title to the land they leased to the white man. How could the lessors be termed "freeholders?" It does not follow logic, but subsequent lists of jurors show that the men representing Beats in the Indian Land (all of Fort Mill District and a considerable acreage on the west side of the Catawba River) also served as jurors.

The case load became so heavy by the year 1800 that there were always at least two juries. These became known as Jury Number One , Jury Number Two, etc. On Thursday November 13, 1800 when the Court assembled the Minutes read, in part, as follows: "Col. William Hill came into open court and was qualified as a Justice of the Quorum. James Martin was drawn as a Common Plea Juror and Sworn [Martin replaced William Lambkins who did not show].

} Special Action Witness Rebecca McWhorter }
Mr. Smith for Plaintiff John Henderson a vs. } Mr. Nott for Defendant Wylie Reeves s
William Reeves } William Reeves, Sr. s

"This cause [editor's note: the term consistently used by the clerk was "cause," not "case"] was called for trial and the following Jury were charged with said trial, viz.

1. Robert Jordan
2. Joseph Collins
3. Thomas Turner
4. William Hope
5. Jeremiah Blalock
6. James Blalock
7. Andrew Townsend
8. Thomas Spratt
9. John Elmore
10. William Brocket
11. John Sellers
12. John Morgan

"And they returned the following Verdict, viz we find for the Plaintiff one hundred and Sixty Dollars with costs of Suit. Robert Jordan, Foreman"

The second jury handled the case of James Little vs. Henry Creswell. The charge was assault and battery with Mr. Gist, attorney for the plaintiff, and Mr. Smith, attorney for the defendant. The witnesses were Abraham McCorkle and William Kelly. The second jury was composed of: Thomas Robertson, Andrew Love, James Love, John, James Tomkins, William Kennedy, William Dowdle, Joseph Jamieson, William McKeown, Elijah Fleming, Archibald Barron and James Crawford. Thomas Robertson, the foreman, reported that they found for the plaintiff "three pounds with Costs." (The use of English coinage by the Court is interesting in that the American Revolution had ended seventeen years previously and the United States had been established twelve years before. It shows that the new country had not yet developed a stable coinage system of its own with one jury fining the defendant in dollars and another in pounds.)

Collecting the fines was an old problem but a remedy was placed on the books. The Minutes of July Court of 1787 stated: "Ordered that all fines heretofore laid be called for by the Sheriff, and that the Clerk give to the Sheriff a list of persons owing fines and how much they are, and if the persons do not pay them on demand, the sheriff shall take & keep them in his custody untill such fines are paid."

ANNA LOWE'S STORY

"During the war of the Revolution, about 1780, a band of Tories came to the home of Matthew Wilson. All of his sons were in the army and he was sick at home. The Tories took him out to hang him but because the wife and children begged so they did not. The Tories took all the horses. Daughter Edith, 13 or 14 years, was furious and she followed the band to their camp on Rocky Ford. After a while she heard them plan to go to Daniel Whitenor's house and demand their dinner. When they were gone, the girl cut the halters of the horses belonging to her father, mounted her favorite, whistled and all her father's horses followed her back home."

-From Dr. David Bigger's notes in the Margaret Gist Papers (microfilm) in the York County Library, Rock Hill.

FIRST COMMISSIONERS OF THE PUBLIC ROADS

From 1785-1798 the public roads were superintended by the county judge. In December 1798, the state legislature replaced the judge's authority by vesting in commissioners appointed by the legislature. In the words of the legislative act: "That David Leach, sen.. Edward Moorehead, Abraham Green, Elias Davidson, John M'Caul, Abraham Roach, John Harris, Joseph Moore and James Jamieson, be, and they are hereby appointed commissioners of the high roads, bridges, causeways and water-courses of and in the county of York."

As near as can be told from the minutes of the County Court of 1797, the judge-appointed overseers of the roads, now being replaced, had been: Robert Hemphill, overseer of the Lincoln Road from Allison's Creek to York Court House; Alex. Thompson, overseer of the road from Bullocks Creek to Guyan Moore's Creek; Jo. Davie and Robert Crockett who were directed to lay out and oversee a road from McClenahan's ferry on the Catawba River to Wood's Ferry on Broad River; John Derham, overseer from Biggers Ferry to the Iron Works; John Currence from the Iron Works to Berry's Branch; Hugh Berry from Berry's Branch to York Court House; Thomas Carroll, sen. from the Iron Works to his own house; Robert Hanna from Carroll's house to Col. Bratton's place; David Sadler from Bratton's place to the Chester line; and Elias Davidson (the only carryover from the old system) from the Courthouse to Col. Bratton's place.

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