State vs Macajah D. Cardwell -- 1842

Contributed by Pamela Duprest at

Note: Macajah D. Cardwell married Fredonia M. M. Belote (Daughter of John and Martha J. "Patsy" Belote)

STATE VS Macajah D. Cardwell

Court records
State of Tennessee
Sumner County
To the sheriff or any constable of said county. Martha Belote having given information to me on oath that Macajah D. Cardwell on the 17th day of June 1842 in the county of aforesaid did unlawfully make an assault upon the body of FREDONIA M CARDWELL at my house in the said county of Sumner and then on then did unlawfully beat and ---- --------- the said Fredonia in my presence I therefore command you in the name of the state to take the body of the said MACAJAH D CARDWELL and bring him forthright before me on same after justice of the peace for said county to answer the charge and be dealt with as the law------ ------- under my hand this 28th day of July 1842
J. L. Swaney
Justice of peace for Sumner county summons for the state Martha Belote and Ed Walker summons for defendant F. L. McDaniel the testimony of MARTHA BELOTE witness for the State. MACAJAH D CARDWELL said that he had brought his wife there to stay that he never intended to live with her again and then they went out, I went after them and Cardwell what was the matter I want him to tell me the truth and he would not answer me and FREDONIA said she would tell me the truth, he then caught her by the hair of the head and dragged her around and pulled her down and beat her in the temple with his fist while he held her by the hair and then said that he would take her home dead or alive there by meaning his wife FREDONIA if he did not he wished hell and curst. I have not heard so much cursing in my life and was very much alarmed as there was nobody there but the little children and a negro women when he also threatened to kill her.

Question by deft. did I not tell my wife that she should go home and she said no and that she would not go to save my life and say whether this was not before I struck her a lick

Answer-she said if he took her he should take her-i think this was before he struck her tho I am not sertin whether it was before or after.

Question by deft-say if you have not sworn out a warrant for me for this before answer-i have did you or did you not go to the county of Wilson in ---- counsel to draw a bill for a divorce request-same person to take it up to carthage and get my wife to leave me

Answer-i did not

Question by same-if me and my wife had lived together would you have sworn out this warrant

Answer-i would not

The testimony of Dr. Walker
I saw M. CARDWELL in the date aforesaid he acknowledged to me that he had whipped his wife on that day the above is a true statement of all the evidence in this case given before me this evidence was taken under oath
July 29th 1842 W HIGGASON
examination of witness for the state M. D. Cardwell
Bill of cost for justice law bond
50 for judge
35 const fee for warrant
50 for summons wilson
75 witness fee

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