FILE NAME = WPP17May86.htm
This is the first of two reports sent to Charles Van Baucom
from William Parks, Paid Genealogy Researcher.
2932 Ashley Avenue
Montgomery, Alabama 36109
17 May 1986
Mr. Charles Van Baucom
York College
York, Nebraska 68467
Dear Mr. Baucom:
The criminal records in the Office of the Clerk of the Circuit Court of
Perry County have been searched at the courthouse in Marion, Alabama for
any and all cases involving Wassons. The Chancery records were also
searched for the divorce action of Leanna Walker against Samuel Walker in
1833. Although the search was not completely successful, I am pleased to
report that records of one of the criminal cases and of the suit for
divorce were found.
The principal findings are:
1. Alberry Wasson, Ephraim Wasson, Wiley Wasson, and James Wasson were
brothers and were the sons of Leanna Walker.
2. Leanna Walker, formerly married to ________ Wasson, married Samuel
Walker in Tennessee, probably in the summer of 1820, probably in
Jackson County.
3. Leanna (______) Wasson had 6 living children (5 sons and 1 daughter)
at the time she married Samuel Walker, the eldest being then about
14 or 15 years old.
4. Samuel and Leanna Walker and their children (by their marriage to
each other and of each by a former marriage) moved to Alabama about
1824.
5. Leanna had 4 children by Samuel Walker: 2 sons and 2 daughters.
6. Ephraim Wasson was indicted in May 1829 for the murder of James
Ralston, son-in-law of Samuel Walker, on the night of 5 Apr 1829; and
at the same time Wiley Wasson, Alberry Wasson, and Leanna Walker were
indicted as accessories before the fact. The accused pled not guilty.
They were tried by jury and acquitted on 8 May 1829.
7. Leanna Walker sued for divorce from Samuel Walker in 1831, alleging
cruelty. By decree of 21 Aug 1833 her suit was dismissed.
General
I hoped to find records of the following criminal cases, which were
discovered in the court docket cited in the report of 14 Sep 1984:
Term The State vs.
________ _____________________________
May 1829 Alberry Wasson
May 1829 Ephraim Wasson
May 1829 Wiley Wasson
Fall 1833 Ephraim and James Wasson
Spring 1834 Ephraim and James Wasson
Spring 1834 Ephraim Wasson
Fall 1834 Ephraim Wasson
Fall 1834 Ephraim and James Wasson
Fall 1835 Ephraim and James Wasson
Mr. Charles Van Baucom 2 17 May 1986
In the effort to find these cases, I examined every record book in the old
criminal stack--some 100 or so volumes. For most of the volumes there is no
date (and for many of them no title) on the spine or covers. Therefore most
of them had to be examined by pulling a volume and checking the time period
covered to see if it contained records for 1829-1835. Out of all that came
only the three potentially useful volumes listed in Attachment 1.
The first of these, the Circuit Court Minutes of 1826-1829, contains the
minutes of the arraignment on 6 May 1829 of Ephraim, Wiley, and Alberry
Wasson and Leanna Walker for murder, and the minutes of their trial on 8
May 1829. (Record Book, 1826-1829, [Perry County], pp. 291, 296. See
photocopies.)
Apparently what appears to be three separate cases in May 1829 in the
docket is in fact this one case for murder.
The exact dates of arraignment and trial must be deduced. Note that pages
291 and 296 are dated merely "May 1829." According to page 257, the May
Term began on Monday, 4 May 1829. Nowhere on pages 257 through 290 is there
any record of adjournment. The implication then is that "This day' on page
291 means 4 May 1829. But on page 292 there is an adjournment until
"Thursday tomorrow morning at eight o'clock." I am interpreting "Thursday"
and "tomorrow to be the same (although that is arguable). Therefore the
arraignment date was Wednesday, 6 May 1829. Similarly there is no mention
of adjournment on pages 293 through 295, so that one would conclude that
"This day' on page 296 means Thursday, 7 May 1829. But trial was set for
Friday at the arraignment. I therefore conclude that trial was on Friday,
8 May 1829.
The second volume of potential interest, the Circuit Court Minutes of 1829-
1833, should have contained something'about the case of The State vs.
Ephraim Wasson and James Wasson. And indeed there is in the minutes of the
Fall Term, 31 Oct 1833, the following about that case: "Ordered by the
Court that an alias capias be issued against Defts." (Minutes, Circuit
Court, 1829 to 1833, [Perry County], p. 425.) This implies that something
preceded this order of arrest, but a page-by-page search found no other
mention of the case. (The cases of the same name in the docket for the Fall
Term 1834 and the Fall Term 1835 may be continuations of this case.)
The third volume, the Circuit Court Minutes of 1834-1837, should have
contained Minutes for the remaining cases found in the docket. But the
volume is mislabeled. It actually covers the Fall Term 1835 through the
Spring Term 1837. There is no mention in it of cases against Wassons. It
apparently contains only part of the minutes for the Fall Term 1835, those
for the earlier part of the Term being in a preceding record volume.
The information in these records is not of great value. Even the name of
the person whom Ephraim was alleged to have murdered is not given. But it
could not have been Samuel Walker, for he died sometime between 2 Nov and
23 Nov in 1833. (See page 2 of report of 14 Sep 1984 and Family Group
Records compiled for Samuel Walker by Charlene W. Brazzell.) Disappointed
by such meager findings, I decided to look for Leanna Walker's suit for
divorce in the Chancery volumes. Divorce actions are usually gold mines of
genealogical data. But no record of the suit was found.
Mr. Charles Van Baucom 3 17 May 1986
Somewhat dejected, I took another look around, poking into corners and
climbing around various furnishings. Surprisingly, I came upon some
criminal case files for the period 1820-1829. And there, as luck would have
it, was the file on the 1829 Murder case. But even more surprising was the
discovery of a few Chancery files among the criminal files. And, believe it
or not, there was Leanna's divorce action. My day was made.
Everything in these two files was photocopied except the case title on the
backs of some of the documents. (See Attachment 2.)
Murder of James Ralston
James Ralston was the son-in-law of Samuel Walker. His name often looks
like Rolston in the records, but I believe it was Ralston. Notice his
signature on his recognizance bond of 27 Nov 1828. It is apparently he who
married Samuel's daughter Frances. According to the Family Group Record
compiled by Charlene W. Brazzell, Frances married a Ralston or Rolston, and
Frances Ralston appears in the records in this file. She was one of those
who charged Leanna Walker, Alberry Wasson, Wiley Wasson, and James Wasson
with the murder of James Ralston. (She also appears in the records of
Leanna Walker's suit for divorce as a witness, by deposition, for Samuel
Walker.) There seems to have been trouble between James Ralston and the
Wassons just as there was between Samuel Walker and the Wassons. James
Ralston on 23 Oct 1828 accused Ephraim and Wiley Wasson of assaulting him
on 9 Oct 1828. On 19 Nov 1828 Leanna Walker accused him of assaulting her
in October 1828. (The ensuing arrest warrant for James says the assault was
in November 1828.) and on 20 Feb 1829 he accused Alberry Wasson of
assaulting him on 4 Aug 1828. One wonders why in the last instance James
waited so long to bring charges. It seems a little like tit for tat.
On the night of 5 Apr 1829 James Ralston was shot to death at his house. On
the next day Samuel Walker, Frances Ralston, and Elizabeth Adair charged
Leanna Walker, Alberry Wasson, Ephraim Wasson, Wiley Wasson, and James
Wasson with being 'concerned' in or accessories to his murder. Warrants
were thereupon issued on that day for the arrest of the accused.
At the May Term 1829 of the Circuit Court the Grand Jury presented a true
bill, indicting Ephraim Wasson, Wiley Wasson, Alberry Wasson, and Leanna
Walker for the murder of James Ralston. Ephraim was charged with having
fired the fatal shot. Notice that James Wasson was not included in the
indictment. I found nothing to explain his exclusion. It is here in the
true bill that we find the date of death, that the murder occurred at
night, and that it took place at "Perry Court house." There is some
question about the location of the crime. Maybe people were sometimes at
the courthouse at night, but Samuel Walker said later (in his answer to
Leanna's Bill of Complaint in the divorce action of 1833) that James
Ralston "was shot in his own house near [Samuel Walker] in the night-time."
Mr. Charles Van Baucom 4 17 May 1986
The phrase "late of the County of Perry" in the true bill does not mean
that the accused had moved out of the County, or had absconded, or had
died. You might expect it to mean such as that, but the word "late" is
often seen in court records with the meaning "at one time, lately' but
without the further connotation of but no longer." In effect the jurors
were simply saying that the accused lived in Perry County when the crime
was committed. They were not concerned with where they currently were.
As you see from the Circuit Court Minutes (p. 296), Ephraim was found not
guilty of the murder. The alleged accessories were therefore automatically
exonerated. The jury's verdict is also noted on the back of the true bill.
Unfortunately there is no transcript of the trial to give us an idea of how
the verdict was reached. Apparently there was no witness to the murder and
no other evidence sufficient to convince the jury that the accused were
guilty.
Notice in the charge of Samuel Walker that Alberry, Ephraim, Wiley, and
James Wasson were identified as sons of Leanna Walker. Proof positive. The
fifth son, probably William W. Wasson, is not mentioned anywhere here. He
was still in Perry County however, for he was subpoenaed as a witness for
the defendants, and the subpoenas were returned, executed, on 30 Apr 1829.
(See report of 14 Sep 1984, p. 3.) He apparently did not get involved in
the affrays. Not surprisingly, the Wasson daughter is not mentioned either.
I believe that she was the Elizabeth Wasson who married Joel Cornett in
Perry County on 7 Oct 1834. (See report of 8 Jun 1985, p. 2.)
Divorce Action of Leanna Walker
Leanna stated in her Bill of Complaint that she and Samuel Walker married
about 1820 in Tennessee, that they moved to Alabama about 1824, and that
she had 3 children by Samuel who were still living when she instituted suit
for divorce in 1831.
Samuel Walker stated in his Answer that he had 7 daughters and 3 sons by a
former marriage, all living with him when he married Leanna, and that 9 of
those children were still living (in November 1831); and that Leanna had
5 sons and 1 daughter when they married. He stated further that Leanna
bore him 2 sons and 2 daughters, who were still living. Despite Leanna's
statement that she had 3 children by Samuel still living, 4 appears to be
the correct number. You may recall that Wiley B. Wasson was appointed as
guardian of 3 of them (Mary, Wesley, and Nimrod) in 1841. The fourth,
Malinda according to the Family Group Record for Samuel, did not die until
1895. Ephraim Wasson stated in his deposition in this case that he was the
son of Leanna. Proof positive. He also stated that he thought Leanna and
Samuel Walker married in Jackson County, Tennessee. Wiley Wasson stated in
his deposition that he was the son of Leanna. Proof positive. Note that he
signed his name as W.B. Wasson. The deposition of Alberry Wasson, supposed
to have been taken but perhaps not taken, is not in the case file.
Mr. Charles Van Baucom 5 17 May 1986
Frances Ralston and Shelby D. Walker tell us in their depositions that the
oldest of Leanna's Wasson children was about 14 or 15 years old in 1820
(when Leanna and Samuel Walker married). That oldest child, born about 1805
or 1806, appears then to have been Alberry Wasson, who was born in 1805
according to the 1850 census of Claiborne Parish, Louisiana. It is Shelby
who narrowed the date of marriage of Samuel and Leanna to the summer [of
1820].
Leanna did not win her suit. It was dismissed in the decree of 21 Aug 1833.
Conclusions and Recommendations
We now have the proof that Wiley B. Wasson's mother was Leanna (______)
Wasson Walker and that Alberry, Ephraim, and James Wasson were his
brothers. That William W. and Elizabeth Wasson were the other full siblings
of Wiley is still speculative, but I have very little doubt that they were.
We can stop looking for his father in Alabama, for it seems he was never
here. He apparently died in Tennessee sometime in or before 1820 and
probably after 1815. (Remember that William W. Wasson was born about 1816
according to the 1850 census of Union Parish, Louisiana.)
Ephraim said that he "thinks" his mother and Samuel Walker married in
Jackson County, Tennessee. As a beginning I would assume that in fact they
did marry there. And if that is true, there is a good chance that the
Wassons lived in that county for some time before the marriage and that
Leanna's Wasson husband died there. I suggest that you begin your
Tennessee research in Jackson County.
The case of James Ralston's murder is interesting, but failure to find any
records of the other criminal cases (or case) leaves open the question of
whether Samuel Walker was murdered by the Wassons or by someone else, or
whether he was murdered at all. The family story that his Wasson stepsons
murdered him, related by Mrs. Brazzell in her letter of 2 Aug 1984 to
[Mrs.] Laverne [Springer], may be true. But, on the other hand, the story
may have developed from the fact that the Wasson brothers were accused of
murdering James Ralston. Family stories do sometimes evolve a bit with the
telling and with the passage of time.
If I had found the records of the 1834 and 1835 cases (or case), we would
know whether they involved Samuel's death. But I fear that those records
are irretrievably lost. The Clerk tells me that many record books and
documents were stored in the courthouse attic for a long, long time. When
she and others examined them several years ago preparatory to shipping some
of them to the Alabama Archives, they discovered that many of them had been
destroyed by water and insects. The books and documents that I could not
find are probably among those destroyed.
But all may not be lost. I suggest that newspapers for November 1833 be
examined at the Alabama Archives for whatever might be there about the
death
Mr. Charles Van Baucom 6 17 May 1986
of Samuel Walker. Those of Spring and Fall 1834 and Fall 1835 should also
be searched for possible details of the cases (or case) against the
Wassons. With the time span thus restricted, the search should not take
very long.
Let me know if you agree.
Sincerely yours,
William P. Parks
Attachments
Enclosures
Note: All the sources previously searched for Wasson by indexes at the
Alabama Archives and at the Probate Office in Marion have been searched
again, this time for instances of Mason that might in fact have been
Wason. No such instances were found (except for Alberry's patenting
of land, previously reported).
initialed, WPP
Attachment 1
SOURCES SEARCHED OR CONSULTED
AT THE OFFICE OF THE CIRCUIT CLERK
PERRY COUNTY COURTHOUSE
MARION, ALABAMA
1. Record Book, 1826-1829, [Perry CountY]. Circuit Court Minutes.
2. Minutes, Circuit Court, 1829 to 1833, [Perry County].
3. Record Book, E, 1834 to 1837, Perry County. Circuit Court
Minutes. (Actually Fall Term 1835 - Spring Term 1837.)
4. Circuit Court Case Files, Perry County, Alabama.
5. Chancery Case Files, Perry County, Alabama.
Attachment 2
RECORDS AND DOCUMENTS
PHOTOCOPIED
AT THE OFFICE OF THE CIRCUIT CLERK
PERRY COUNTY COURTHOUSE
MARION, ALABAMA
1. Record Book, 1826-1829, [Perry County], pp. 291, 296. Circuit Court
Minutes.
2. Circuit Court Case File, Perry County, Alabama:
The State vs. Ephraim Wasson, principal; Wiley Wasson, Alberry
Wasson, Leanna Walker, accessories before the fact. Murder (of James
Ralston).
a. Arrest warrant for Ephraim Wasson and Wiley Wasson
upon complaint of James Ralston. Dated 23 Oct 1828. (2 sheets)
b. Recognizance bond of Ephraim Wasson and Wiley
Wasson. Dated 19 Nov 1828. (1 sheet)
c. Complaint of Leannah Walker against James Ralston
and arrest warrant for him. Dated 19 Nov 1828. (1 sheet)
d. Recognizance bond of James Ralston. Dated 27 Nov 1828. (1 sheet)
e. Arrest warrant for James Ralston. Dated 17 Feb 1829. (1 sheet)
f. Arrest warrant for Alberry Wasson upon complaint of
James Ralston. Dated 20 Feb 1829. (1 sheet)
g. Recognizance bond of Alberry Wasson. Dated 27 Feb
1829. (1 sheet)
h. Report of inquest to establish cause of death of
James Ralston. Dated 6 Apr 1829. (1 sheet)
i. Charge of Samuel Walker that Leannah Walker, Alberry
Wasson, Ephraim Wasson, Wiley Wasson, and James
Wasson were concerned in the death of James Ralston;
and charge of Frances Ralston and Elizabeth Adair that
they were accessories to his murder. Dated 6 Apr 1829. (1 sheet)
j. Arrest warrant for Leanna Walker, Alberry Wasson,
Ephraim Wasson, Wiley Wasson, and James Wasson.
Dated 6 Apr 1829. (1 sheet)
k. Recognizance bond of Elizabeth Adair. Dated 7 Apr
1829. (1 sheet)
l. True bill, indicting Ephraim, Wiley, and Alberry
Wasson, and Leanna Walker for the murder of James
Ralston. Dated May 1829. (4 sheets)
3. Chancery Case File, Perry County, Alabama:
Leanna Walker vs. Samuel Walker. Bill for Divorce.
a. Bill of Complaint. (3 sheets)
b. Subpoena of Samuel Walker. Dated 24 Sep 1831. (2 sheets)
c. Answer of Respondent. Filed 12 Nov 1831. (4 sheets)
d. Appointment of commissioners to take depositions of
Ephraim Wasson, Alberry Wasson, and Wiley Wasson.
Dated 14 Mar 1833. (1 sheet)
e. Interrogatories to be propounded to Ephraim Wasson,
Alberry Wasson, and Wiley Wasson for complainant
(accompanying appointment of commissioners).
Filed 14 Mar 1833. (3 sheets)
-- 1 --
Photocopies -- Attachment 2
f. Cross-interrogatories to be propounded to Ephraim
Wasson, Alberry Wasson, and Wiley Wasson for de-
fendant [respondent]. Dated 5 Apr 1833. (3 sheets)
g. Answers of Ephraim Wasson to interrogatories and
cross-interrogatories. Dated 6 Apr 1833. (8 sheets)
h. Answers of Wiley Wasson to interrogatories and
cross-interrogatories. Dated 6 Apr 1833.(7 sheets)
i. Appointment of commissioner to take depositions of
Frances Ralston and Shelby Walker. Dated 1 May 1833. (1 sheet)
j. Interrogatories to be propounded to Frances Ralston
and Shelby Walker for defendant [respondent].
Filed 18 Apr 1833. (5 sheets)
k. Answers of Frances Ralston to interrogatories.
Dated 1 May 1833. (3 sheets)
l. Answers of Shelby D. Walker to interrogatories.
Dated 1 May 1833. (3 sheets)
m. Decree. Dated 21 Aug 1833. (2 sheets)
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