1868 -
Generation: 1
Generation: 2
2. | Samuel Sutherland Berger was born on 29 Oct 1845 in , Pittsylvania, Virginia, USA (son of Samuel Casper Berger and Hester Ann Roe); died on 21 Feb 1929. Other Events and Attributes:
- Residence: , , , USA
- Residence: 1860, , Pittsylvania, Virginia, USA
- Residence: 1870, , Pittsylvania, Virginia, USA
- Residence: 1880, Danville, Independent Cities, Virginia, USA
- Residence: 1900, Timmonsville, Florence, South Carolina, USA
- Residence: 1910, Timmonsville, Florence, South Carolina, USA
- Residence: 1920, Florence, Florence, South Carolina, USA
Samuel + Victoria C Smith. Victoria (daughter of Albert G Smith and Mary Ann Witcher) was born on 2 Sep 1838 in , Pittsylvania, Virginia, USA; died on 27 Aug 1899 in Timmonsville, Florence, South Carolina, USA. [Group Sheet] [Family Chart]
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3. | Victoria C Smith was born on 2 Sep 1838 in , Pittsylvania, Virginia, USA (daughter of Albert G Smith and Mary Ann Witcher); died on 27 Aug 1899 in Timmonsville, Florence, South Carolina, USA. Other Events and Attributes:
- Residence: 1860, , Pittsylvania, Virginia, USA
- Residence: 1870, , Pittsylvania, Virginia, USA
- Residence: 1880, Danville, Independent Cities, Virginia, USA
Notes:
Birth: Sep. 2, 1838
Pittsylvania County
Virginia, USA
Death: Aug. 27, 1899 Timmonsville Florence County South Carolina, USA
Wife of Samuel Southard Berger; Daughter of Albert and Mary Ann Witcher Smith; widow of James Reid Clement who was killed in the Witcher-Clement feud on February 26, 1860, Dickenson Store, Henry County, Virginia, by Victoria's grandfather Captain Vincent Witcher.
The Tragedy in Henry County Virginia
The usually quiet and law abiding people of the county of Henry have been intensley excited for the past three or four days in consequence of a terrible tragedy - or rather triple tragedy - that was enacted in their midst on Saturday last. The particulars reached us last evening through a source entirely reliable. the details, although not as full as we shall doubtless be enabled to give at an early day, are sufficient to cause a thrill of horror at their mere recital. It appears, according to the version given us, that some years since, a granddaughter of the venerable and talented Vincent Witcher, Esq., of Pittsylvania County, married a gentlemen from the adjoining county of Henry, whose name was Clemmens. His Christian name we have been unable to ascertain. The maiden name of Mr. Witcher's grandaughter was (Victoria C.) Smith. The parties lived happily together until about eighteen months since, when upon the most unfounded suspicions, as we have been informed, Mr. Clemmons desired a separation from his wife, and immediately instituted proceedings for divorce, at the same time impeaching her honor as the grounds for his course. (Comment: She had a baby girl in c. 1858). Last Saturday was set apart for the taking of depositions, and the parties met at a magisterial precinct in Henry county (Dickensons Store). Mr. Witcher appeared to defend the suit and protect the honor of his granddaughter. The taking of the depositions progressed, and after the plaintiff had finished with a witness, Mr. Witcher asked a question, which greatly exasperated the husband, Mr. (James Reid Clement) Clemmens. He immediately rose, drawing a pistol at the same time, and fired at Mr. Witcher. Mr. Witcher, it seems, also rose and drew a pistol from his pocket and as the ball of his antagonist grazed around the abdomen, he fired, striking Clemmens in the forehead and killing him instantly. A nephew of Mr. Witcher (Samuel Swanson), and a Mr. Smith (John Anthony Smith), brother of Mrs. Clemmens hearing the firing rushed into the room. A brother of Mr. Clemmens (Charles Johnson Clement), who had also been attracted by the pistol reports, fired at a nephew (Samuel Swanson) of Mr. Witcher, the ball taking effect and producing, it is feared, a fatal wound. Upon seeing his nephew shot, Mr. Vincent Witcher again fired, striking Clemmens No. 2, and killing him instantly. At this stage of the sanguinary affair, Mr. Smith, a brother of Mrs. Clemmens drew a Bowie knife, but had scarcely unsheathed the blade when he was fired upon by a second brother of Clemmens (Ralph Alexander Clement), the ball taking effect in the shoulder and producing a painful wound. Infuriated by his wound, Mr. Smith rushed upon his antagonist, and with one powerful thrust of the knife completely disemboweled Clemmens No. 3, the unfortunate man falling dead on the spot. Three of the parties dead, and the other three all wounded, the horrible tragedy here ended.
Vincent Witcher, Esq., the chief actor in this truly terrible affair, is widely known throughout Virginia. He served for many years in the lower House of Legislature, and subsequently represented his district in the State Senate with signal ability. He is a prominent member of the Whig Party, and his name has been repeatedly mentioned in connexion with the office of Governor of the Commonwealth. He succeeded Whitnall F. Tunstall, upon the death of that gentleman, as President of the Richmond and Danville Railroad. After two years service he resigned the presidency of the railroad, and has since been engaged in the practice of his profession - that of a lawyer. Our informant states that throughout this painful suit, which Mr. Witcher believes to have been instituted against an innocent granddaughter, he has acted with great forebearance, and the part he has been compelled finally to act will be none a source of deeper regret than himself. Of course the whole matter will undergo a judicial investigation, until which we forebear further comment. The Lynchburg "Republican" of Wednesday says that Mr. Vincent Witcher and his grandson (John Anthony Smith) surrendered themselves to the authorities and were promptly acquitted, on the grounds of self-defense. -The Lorain Eagle March 15 1860
Vincent Witcher, Esq., Committed - Bail Refused - It is stated that the examination of Vincent Witcher, Esq., for the killing of the three brothers, James, Ralph and Johnson Clement, at Dickenson's store, Franklin County, on Saturday, the 25th of February, has resulted in his committal to jail for trial. Bail was asked, but refused. Mr. John Anthony Smith, a grandson, and Mr. (William)Addison Witcher, son of Mr. Vincent Witcher, who were likewise implicated, have been sent on for trial before an Examining Court, which is to be held on Monday next, the 26th instant. - The North Carolina Standard; Wednesday, March 21, 1860
Acquittal of Capt. Vincent Wicher, et al. March 28, 1860
Raleigh Standard 28 March 1860 March 28, 1860
ACQUITTAL OF CAPTAIN VINCENT WICHER AND OTHERS
LYNCHBURG, VA. -- March 25 -- CAPT. VINCENT WICHER, ADDISON WITCHER, J. A.
SMITH and SAM'L SWANSON, tried for killing the MESSRS. CLEMENTS in Franklin
County, Va., were acquitted on Friday evening last.
Burial:
Byrd Cemetery Timmonsville Florence County South Carolina, USA
THE WITCHER-CLEMENT SCANDAL
The year 1860 was eventful for the little world in which Franklin County citizens lived and moved. A single local occurrence supplied Franklinites with a matter for speculation and conversation far into the 20th century.
The occurrence was the killing of the three Clement brothers---James, William and Ralph---by Captain Vincent Witcher, John A. Smith, Vincent Oliver Smith, Samuel Swanson and Addison Witcher. Addison Witcher was the son of Vincent Witcher. John and Vincent Oliver Smith were his grandsons. Samuel Swanson was his son-in-law. The affray had its beginning in the marriage of James Clement and Victoria Smith, which was celebrated on March 13, 1858. The groom was one of the ten children of Dr. George W. Clement. Dr. Clement (b. 1786, m. 1811, d. 186?) was educated in Hampden-Sidney College and in the medical department of the University of Pennsylvania. His mother, Stella Smith, was the daughter of Major John Smith of Lewis Island. Their Franklin County home was called "Mountain View." Victoria Smith (b.1837) was the daughter of Albert G. Smith and a granddaughter of Captain Vincent Witcher. Both Clement and Smith families appeared to be pleased with the marriage, though it was brought out in the court proceedings following the killings, that the Smith family regarded the Clement family as of inferior social station. Dr. Clement was especially proud of the beauty, wit and vivacity of his daughter-in-law. Her magnetic personality gained her many admirers. It is said that two of her old sweethearts, William P. Gilbert and Samuel D. Berger, continued their attentions even after her marriage. Though these affairs were shown to be of an innocent nature, the extremely jealous disposition of her husband led him to charge her with unfaithfulness and to humiliate her constantly. Fearing physical violence, Victoria Smith Clement fled from her husband on the might of August 24, 1859, and found refuge in the home of Sherwood Y. Shelton who lived about a mile distant. She left behind her six months old baby (Lelia Maud, b. March 1, 1859) so great was her terror at the moment of flight. This incident was made the basis of a divorce suit. Within three weeks from her flight, the taking of depositions was begun at Dickinson's Store, the same to be read as evidence in the suit then pending between John A. Smith, next friend of Victoria Smith Clement, plaintiff, against James R. Clement, defendant. The taking of depositions continued through the fall and winter, until Saturday, February 25, 1860, when the killing of the Clement brothers ended the suit. The depositions of S.Y. Shelton, Charles Powell, Willis Woody, G.T. Berger, W.P. Gilbert, George Samson and Edney Shelton had been taken. Elizabeth W. Bennett had been called to make her statement. Captain Vincent Witcher objected to having her qualify and make part of her statement on Saturday "and then being left in the hands of the opposite party to be picked until Monday morning." Captain Witcher made the statement that Miss Bennett had been brought into the case by the Clements and was said to be under their control. Ralph Clement at this point said that "Whoever said that told a damned lie." Whereupon Captain Witcher replied "You had better make your remarks more direct," rose from his chair, put his hand in his bosom, drew therefrom a "five shooter," stepped toward Ralph Clement and began firing. Addison Witcher was conducting the examination for the plaintiff. Robert Mitchell was the justice of the peace before whom the depositions were being taken. His testimony in the trial of Captain Witcher, as recorded in the volume of depositions published by Dr. C.W. Clement, Sr., in June 1860, is not very impressive. He appears to have forgotten everything that transpired in his courtroom.
The bodies of the three brothers were not only riddled with bullets, but were horribly gashed with knives. William Clement was disemboweled. James Clement had his throat slit from ear to ear. Ralph Clement lived nearly three hours despite his frightful wounds, and made a dying declaration before Justice Mitchell and Gresham Choice which was written down by Mr. Choice. It read as follows: "I never attempted to draw an arm. Addison Witcher caught me and held me around the waist and arms and told them to come and shoot me---a damned rascal. I was shot several times while in that fix, and he held me until I fell. Numbers of pistols were fired at me then." To this dying declaration, Magistrate Mitchell added these words: "Ralph A. Clement requested me to tell his father that he wanted him to make the deed to his wife and child according to his will." Robert N. Powell stated in his deposition that Addison Witcher held Ralph Clement while Vincent Oliver Smith shot him. George Finney stated in his deposition that John Anthony Smith shot and stabbed James Clement. It was stated by several deponents that both James and William Clement were reclining on a bed in the counting room when the firing began. It was thought by a few that some of the early firing came from the bed. The pistols of both James and William Clement had been fired until empty, but Ralph Clement, it was testified had not drawn gun or dirk.
The bodies of the three slain brothers were carried from Washington Dickinson's counting room, in a farm wagon, and buried in a single grave near the shaded driveway which led up to the old brick house which was their boyhood home.
The trial of Captain Vincent Witcher and his accomplices was begun almost immediately in general justices' court commonly called magistrates' court. Benjamin F. Cooper and Richard Parker took the depositions of the following: Jacob C. Mackenheimer, Gresham Choice, James Kemp, John C. Hutcherson, James M. Hutcherson, Madison D. Carter, Cluffee M. Brooks, George W. Finney, R.N. Powell, John B. Law, James M. Givson, Silas W. Evans, William C. Poindexter, Gilly Ann Huffman, John C. Law, William H. Hutcherson and Alfred L.H. Muse. Names appearing in the 200 page printed volume of depositions are: Abram Hancock, Tom Keen, Samuel D. Berger, James Rice, Shack Law, Waller Wright, Silas Dudley, Samuel G. Martox, Snead Adams, D.W. Blunt, Henry C. Mease, Mastin Williams, and John Baker, the last named being referred to as "an Englishman."
The defendants claimed self-defense as justification for their killings and the charges against them were dismissed. In June 1860, the depositions, which were being taken when the killings occurred, were published in book form. After many years of searching, 1 found a copy and have had the same before me in writing this story. Dr. G.W. Clement, Sr., states in his foreword "To the Public" that "There were five justices on the bench of the Examining Court. Three of whom were in favour of discharging the accused, and two for sending them on to further trial." The courts record of the ease shows the close of the case in the following words: "At a court continued and held for Franklin County at the Court House on the 23rd day of March 1860, for the examination of Vincent Witcher, John A. Smith, Vincent 0. Smith, Samuel Swanson and Addison Witcher charged with the felonies aforesaid by them committed in this, that they did on the 25th day of February 1860, in the Counting Boom of Dickinson's Store in said county willfully, deliberately and with premeditation murder and kill Ralph A. Clement, James R. Clement and William C. Clement.
"Present: Richard M. Taliaferro, Robert Bush, Noses C. Greer, Jonathan H. McNeil and Isaac Cannady, General Justices.
"The said Vincent Witcher, John A. Smith, Vincent 0. Smith, Samuel Swanson and Addison Witcher were again led to the bar in custody of the jailer of this court. And the court having examined divers witnesses as well on behalf of the Commonwealth as of prisoners at the bar, who were heard in their defense by Counsel, is of the opinion that there is not probable cause for charging the said prisoners with the offense aforesaid and doth order that they be acquitted and go thereof without day."
For a half century, the acquittal of these men was pointed to by Franklin County citizens as an illustration of how extreme may be the miscarriage of justice. The Masonic fraternity in which membership was held by both the killers and the killed, did not treat the matter so lightly. After the court had, on the 23rd of March, acquitted the five men of the killings committed less than a month before, Thomas S. Muse and John P, Lowell, members of the Masonic Lodge which bore the name of Vincent Witcher, chief actor in the killings, wrote of the "unfortunate death of Brothers R.A, and James R. Clement who cane to their death by the instrumentality of their brother in Masonry Vincent Witcher," and asked "that a committee of brethren be appointed whose duty it shall he to procure the evidence and make a report therefrom at our next regular communication." The reason given for "a thorough Masonic investigation," after the civil court had acquitted the killers, was stated in the following language: "The laws of a State are not the laws to try Brethren by who have offended against the Constitution and By laws of Masonry, that Civil law and Masonic law are as separate as Church and State." The Muse-Lowell document then asks, "Would the Civil law punish a Brother for violating the secrets and mysteries of Masonry or its Constitution?"
Vincent Witcher Lodge No. 87 was chartered December 15, 1852, and had 39 members in 1860. The report of this lodge to the Grand Lodge for the year 1860 shows the deaths of R.A. and James R. Clement. The membership of the lodge down to 1860 includes the name of Vincent Walker. The secretary of the Grand Lodge of Virginia, James N. Hillman, in a letter to the author writes, "I find no reference to him (Vincent Witcher) subsequent to 1860 in the list of expulsions, suspensions or membership. Evidently, something happened to him, but it is not reported in the minutes from that lodge." There were no returns from Vincent Witcher Lodge, No. 87, to the Grand Lodge, according to the minutes of 1860 to 1866. These were war years, however, and that fact, rather than the fratricidal strife, may be the explanation of the interruption of the lodge's activity. Vincent Witcher Lodge No. 87 lost its charter in 1885 for mot having made a report in three years and in 1886 is marked extinct. The number it bore is now borne by Naomi Lodge in Norfolk, but the name of Vincent Witcher, who shed the blood of his brother Masons, has not been perpetuated by Masonry.
Children:
- 1. Mary Victoria Berger was born in 1868.
- Mary W Berger was born about 1869 in , , Virginia, USA.
- Jacob William Berger was born on 27 Mar 1872 in , , Virginia, USA; died on 5 Mar 1942 in Timmonsville, Florence, South Carolina, USA.
- Catherine Berger was born in 1875.
- Kate Berger was born in May 1878 in , , Virginia, USA.
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Generation: 3
4. | Samuel Casper Berger was born on 17 Mar 1804 in , Pittsylvania, Virginia, USA (son of Jacob Berger and Catherine Catey Nowlin); died on 13 May 1861 in , Pittsylvania, Virginia, USA. Other Events and Attributes:
- Residence: 1850, , Pittsylvania, Virginia, USA
- Residence: 1860, , Pittsylvania, Virginia, USA
Samuel married Hester Ann Roe on 20 Aug 1833 in Bergers Store, Toshes, Pittsylvania, Virginia, USA. Hester was born on 15 Apr 1816 in Chalk Level, Pittsylvania, Virginia, USA; died on 9 May 1875 in Toshes, Pittsylvania, Virginia, USA. [Group Sheet] [Family Chart]
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5. | Hester Ann Roe was born on 15 Apr 1816 in Chalk Level, Pittsylvania, Virginia, USA; died on 9 May 1875 in Toshes, Pittsylvania, Virginia, USA. Other Events and Attributes:
- Residence: 1850, , Pittsylvania, Virginia, USA
- Residence: 1860, , Pittsylvania, Virginia, USA
- Residence: 1870, , Pittsylvania, Virginia, USA
Children:
- Mary Elizabeth Berger was born on 21 Sep 1834 in Bergers Store, Toshes, Pittsylvania, Virginia, USA; died on 4 Nov 1857 in Bergers Store, Toshes, Pittsylvania, Virginia, USA; was buried in Toshes, Pittsylvania, Virginia, USA.
- Jacob William Berger was born on 2 Dec 1836.
- Daniel George Berger was born on 29 Apr 1839.
- Henry Clay Pomp Berger was born on 19 Jul 1841 in Bergers Store, Toshes, Pittsylvania, Virginia, USA; died on 29 Apr 1915 in , Pittsylvania, Virginia, USA.
- Annie Berger was born on 10 Jun 1843.
- 2. Samuel Sutherland Berger was born on 29 Oct 1845 in , Pittsylvania, Virginia, USA; died on 21 Feb 1929.
- Sarah Frances Taylor Berger was born on 15 May 1848 in , , Virginia, USA.
- David Hope Berger was born on 14 Aug 1850 in , Pittsylvania, Virginia, USA; died on 27 Feb 1917 in Union Hall, Franklin, Virginia, USA.
- Horace Weeding Berger was born on 24 Feb 1854 in , , Virginia, USA.
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6. | Albert G Smith was born on 18 Jan 1806 in , Lunenburg, Virginia, USA; died on 12 May 1851 in , Pittsylvania, Virginia, USA. Albert + Mary Ann Witcher. Mary (daughter of Vincent Oliver Witcher and Nancy Newbill) was born in 1815 in , Pittsylvania, Virginia, USA; died in 1875 in , Pittsylvania, Virginia, USA. [Group Sheet] [Family Chart]
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7. | Mary Ann Witcher was born in 1815 in , Pittsylvania, Virginia, USA (daughter of Vincent Oliver Witcher and Nancy Newbill); died in 1875 in , Pittsylvania, Virginia, USA. Children:
- Ann Park Smith was born on 1 Jan 1833 in , Pittsylvania, Virginia, USA; died on 20 Nov 1874 in , Pittsylvania, Virginia, USA.
- John Anthony Smith was born on 17 Sep 1835 in , Pittsylvania, Virginia, USA; died on 3 Sep 1896 in , Pittsylvania, Virginia, USA.
- 3. Victoria C Smith was born on 2 Sep 1838 in , Pittsylvania, Virginia, USA; died on 27 Aug 1899 in Timmonsville, Florence, South Carolina, USA.
- Vincent Oliver Smith was born on 27 Apr 1840 in , Pittsylvania, Virginia, USA; died on 26 Dec 1918 in , Pittsylvania, Virginia, USA.
- Nancy Jane Smith was born on 26 Aug 1841 in , Pittsylvania, Virginia, USA; died on 8 Jun 1873 in , Pittsylvania, Virginia, USA.
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Generation: 4
8. | Jacob Berger was born on 26 Dec 1775 in , Pittsylvania, Virginia, USA; died on 13 Mar 1833 in , Pittsylvania, Virginia, USA. Jacob + Catherine Catey Nowlin. Catherine (daughter of Bryan Ward Nowlin and Lucy Wade) was born on 26 Oct 1779 in , Pittsylvania, Virginia, USA; died on 24 Dec 1830 in Clifton Plantation, Pittsylvania, Virginia, USA. [Group Sheet] [Family Chart]
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9. | Catherine Catey Nowlin was born on 26 Oct 1779 in , Pittsylvania, Virginia, USA (daughter of Bryan Ward Nowlin and Lucy Wade); died on 24 Dec 1830 in Clifton Plantation, Pittsylvania, Virginia, USA. Children:
- 4. Samuel Casper Berger was born on 17 Mar 1804 in , Pittsylvania, Virginia, USA; died on 13 May 1861 in , Pittsylvania, Virginia, USA.
- Mildred Berger was born on 30 Dec 1808 in , Pittsylvania, Virginia, USA; died on 23 Jun 1849 in Montgomery City, Montgomery, Missouri, USA.
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14. | Vincent Oliver Witcher was born in 1789 in Danville, Independent Cities, Virginia, USA (son of William Reuben Witcher, Jr and Mary Polly Dalton); died on 22 Oct 1877 in Danville, Independent Cities, Virginia, USA. Other Events and Attributes:
- Residence: 1820, , Pittsylvania, Virginia, USA
- Residence: 1830, , Pittsylvania, Virginia, USA
- Residence: 1840, , Pittsylvania, Virginia, USA
- Residence: 1850, , Pittsylvania, Virginia, USA
- Residence: 1860, , Pittsylvania, Virginia, USA
- Residence: 1866, , , Virginia, USA
Notes:
Apparently word got out about Witcher's plan. One of the Clement brothers filed his will prior to the meeting at Dickenson's Store.
Will of Ralph Alexander CLEMENT, dated 13 Sep 1859
Pittsylvania County, VA, Will Book 3, page 340
Being about to go to attend to the taking of Depositions on the part of my Brother Jas. R. Clement where I have been apprised the other party intends to bring on a difficulty in which death may occur I hereby give and bequeath to my wife E. A. Clement during her life or widowhood all my property real & personal remainder to my daughter M. W. Clement with the right of making such advancements & provisions for my said daughter as my Said wife shall think proper. Should my said daughter die before she attains the age of 21 years my said wife surviving I give and bequeath all my slaves to my wife absolutely. My land I wish to go back to my nearest of Kin on my Father's side. Should my wife marry whilst my said daughter lives I wish her to own a third of my estate for life. remainder to my daughter. Given under my hand this 13 of September 1859.
R. A.Clement (Seal)
Murdered his granddaughter's husband.
Victoria Smith, wife of Samuel Southard Berger; Daughter of Albert and Mary Ann Witcher Smith; widow of James Reid Clement who was killed in the Witcher-Clement feud on February 26, 1860, Dickenson Store, Henry County, Virginia, by Victoria's grandfather Captain Vincent Witcher.
The Tragedy in Henry County Virginia
The usually quiet and law abiding people of the county of Henry have been intensley excited for the past three or four days in consequence of a terrible tragedy - or rather triple tragedy - that was enacted in their midst on Saturday last. The particulars reached us last evening through a source entirely reliable. the details, although not as full as we shall doubtless be enabled to give at an early day, are sufficient to cause a thrill of horror at their mere recital.
It appears, according to the version given us, that some years since, a granddaughter of the venerable and talented Vincent Witcher, Esq., of Pittsylvania County, married a gentlemen from the adjoining county of Henry, whose name was Clemmens. His Christian name we have been unable to ascertain. The maiden name of Mr. Witcher's grandaughter was (Victoria C.) Smith. The parties lived happily together until about eighteen months since, when upon the most unfounded suspicions, as we have been informed, Mr. Clemmons desired a separation from his wife, and immediately instituted proceedings for divorce, at the same time impeaching her honor as the grounds for his course. (Comment: She had a baby girl in c. 1858)
Last Saturday was set apart for the taking of depositions, and the parties met at a magisterial precinct in Henry county (Dickensons Store). Mr. Witcher appeared to defend the suit and protect the honor of his granddaughter.
The taking of the depositions progressed, and after the plaintiff had finished with a witness, Mr. Witcher asked a question, which greatly exasperated the husband, Mr. (James Reid Clement) Clemmens. He immediately rose, drawing a pistol at the same time, and fired at Mr. Witcher. Mr. Witcher, it seems, also rose and drew a pistol from his pocket and as the ball of his antagonist grazed around the abdomen, he fired, striking Clemmens in the forehead and killing him instantly.
A nephew of Mr. Witcher (Samuel Swanson), and a Mr. Smith (John Anthony Smith), brother of Mrs. Clemmens hearing the firing rushed into the room. A brother of Mr. Clemmens (Charles Johnson Clement), who had also been attracted by the pistol reports, fired at a nephew (Samuel Swanson) of Mr. Witcher, the ball taking effect and producing, it is feared, a fatal wound. Upon seeing his nephew shot, Mr. Vincent Witcher again fired, striking Clemmens No. 2, and killing him instantly.
At this stage of the sanguinary affair, Mr. Smith, a brother of Mrs. Clemmens drew a Bowie knife, but had scarcely unsheathed the blade when he was fired upon by a second brother of Clemmens (Ralph Alexander Clement), the ball taking effect in the shoulder and producing a painful wound. Infuriated by his wound, Mr. Smith rushed upon his antagonist, and with one powerful thrust of the knife completely disemboweled Clemmens No. 3, the unfortunate man falling dead on the spot.
Three of the parties dead, and the other three all wounded, the horrible tragedy here ended.
Vincent Witcher, Esq., the chief actor in this truly terrible affair, is widely known throughout Virginia. He served for many years in the lower House of Legislature, and subsequently represented his district in the State Senate with signal ability. He is a prominent member of the Whig Party, and his name has been repeatedly mentioned in connexion with the office of Governor of the Commonwealth. He succeeded Whitnall F. Tunstall, upon the death of that gentleman, as President of the Richmond and Danville Railroad. After two years service he resigned the presidency of the railroad, and has since been engaged in the practice of his profession - that of a lawyer.
Our informant states that throughout this painful suit, which Mr. Witcher believes to have been instituted against an innocent granddaughter, he has acted with great forebearance, and the part he has been compelled finally to act will be none a source of deeper regret than himself. Of course the whole matter will undergo a judicial investigation, until which we forebear further comment.
The Lynchburg "Republican" of Wednesday says that Mr. Vincent Witcher and his grandson (John Anthony Smith) surrendered themselves to the authorities and were promptly acquitted, on the grounds of self-defense. -The Lorain Eagle March 15 1860
Vincent Witcher, Esq., Committed - Bail Refused - It is stated that the examination of Vincent Witcher, Esq., for the killing of the three brothers, James, Ralph and Johnson Clement, at Dickenson's store, Franklin County, on Saturday, the 25th of February, has resulted in his committal to jail for trial. Bail was asked, but refused. Mr. John Anthony Smith, a grandson, and Mr. (William)Addison Witcher, son of Mr. Vincent Witcher, who were likewise implicated, have been sent on for trial before an Examinig Court, which is to be held on Monday next, the 26th instant. - The North Carolina Standard; Wednesday, March 21, 1860
Acquittal of Capt. Vincent Wicher, et al. March 28, 1860
Raleigh Standard 28 March 1860 March 28, 1860
ACQUITTAL OF CAPTAIN VINCENT WICHER AND OTHERS
LYNCHBURG, VA. -- March 25 -- CAPT. VINCENT WICHER, ADDISON WITCHER, J. A.
SMITH and SAM'L SWANSON, tried for killing the MESSRS. CLEMENTS in Franklin
County, Va., were acquitted on Friday evening last.
THE WITCHER-CLEMENT SCANDAL
The year 1860 was eventful for the little world in which Franklin County citizens lived and moved. A single local occurrence supplied Franklinites with a matter for speculation and conversation far into the 20th century.
The occurrence was the killing of the three Clement brothers---James, William and Ralph---by Captain Vincent Witcher, John A. Smith, Vincent Oliver Smith, Samuel Swanson and Addison Witcher. Addison Witcher was the son of Vincent Witcher. John and Vincent Oliver Smith were his grandsons. Samuel Swanson was his son-in-law. The affray had its beginning in the marriage of James Clement and Victoria Smith, which was celebrated on March 13, 1858. The groom was one of the ten children of Dr. George W. Clement. Dr. Clement (b. 1786, m. 1811, d. 186?) was educated in Hampden-Sidney College and in the medical department of the University of Pennsylvania. His mother, Stella Smith, was the daughter of Major John Smith of Lewis Island. Their Franklin County home was called "Mountain View." Victoria Smith (b.1837) was the daughter of Albert G. Smith and a granddaughter of Captain Vincent Witcher. Both Clement and Smith families appeared to be pleased with the marriage, though it was brought out in the court proceedings following the killings, that the Smith family regarded the Clement family as of inferior social station. Dr. Clement was especially proud of the beauty, wit and vivacity of his daughter-in-law. Her magnetic personality gained her many admirers. It is said that two of her old sweethearts, William P. Gilbert and Samuel D. Berger, continued their attentions even after her marriage. Though these affairs were shown to be of an innocent nature, the extremely jealous disposition of her husband led him to charge her with unfaithfulness and to humiliate her constantly. Fearing physical violence, Victoria Smith Clement fled from her husband on the might of August 24, 1859, and found refuge in the home of Sherwood Y. Shelton who lived about a mile distant. She left behind her six months old baby (Lelia Maud, b. March 1, 1859) so great was her terror at the moment of flight. This incident was made the basis of a divorce suit. Within three weeks from her flight, the taking of depositions was begun at Dickinson's Store, the same to be read as evidence in the suit then pending between John A. Smith, next friend of Victoria Smith Clement, plaintiff, against James R. Clement, defendant. The taking of depositions continued through the fall and winter, until Saturday, February 25, 1860, when the killing of the Clement brothers ended the suit. The depositions of S.Y. Shelton, Charles Powell, Willis Woody, G.T. Berger, W.P. Gilbert, George Samson and Edney Shelton had been taken. Elizabeth W. Bennett had been called to make her statement. Captain Vincent Witcher objected to having her qualify and make part of her statement on Saturday "and then being left in the hands of the opposite party to be picked until Monday morning." Captain Witcher made the statement that Miss Bennett had been brought into the case by the Clements and was said to be under their control. Ralph Clement at this point said that "Whoever said that told a damned lie." Whereupon Captain Witcher replied "You had better make your remarks more direct," rose from his chair, put his hand in his bosom, drew therefrom a "five shooter," stepped toward Ralph Clement and began firing. Addison Witcher was conducting the examination for the plaintiff. Robert Mitchell was the justice of the peace before whom the depositions were being taken. His testimony in the trial of Captain Witcher, as recorded in the volume of depositions published by Dr. C.W. Clement, Sr., in June 1860, is not very impressive. He appears to have forgotten everything that transpired in his courtroom.
The bodies of the three brothers were not only riddled with bullets, but were horribly gashed with knives. William Clement was disemboweled. James Clement had his throat slit from ear to ear. Ralph Clement lived nearly three hours despite his frightful wounds, and made a dying declaration before Justice Mitchell and Gresham Choice which was written down by Mr. Choice. It read as follows: "I never attempted to draw an arm. Addison Witcher caught me and held me around the waist and arms and told them to come and shoot me---a damned rascal. I was shot several times while in that fix, and he held me until I fell. Numbers of pistols were fired at me then." To this dying declaration, Magistrate Mitchell added these words: "Ralph A. Clement requested me to tell his father that he wanted him to make the deed to his wife and child according to his will." Robert N. Powell stated in his deposition that Addison Witcher held Ralph Clement while Vincent Oliver Smith shot him. George Finney stated in his deposition that John Anthony Smith shot and stabbed James Clement. It was stated by several deponents that both James and William Clement were reclining on a bed in the counting room when the firing began. It was thought by a few that some of the early firing came from the bed. The pistols of both James and William Clement had been fired until empty, but Ralph Clement, it was testified had not drawn gun or dirk.
The bodies of the three slain brothers were carried from Washington Dickinson's counting room, in a farm wagon, and buried in a single grave near the shaded driveway which led up to the old brick house which was their boyhood home.
The trial of Captain Vincent Witcher and his accomplices was begun almost immediately in general justices' court commonly called magistrates' court. Benjamin F. Cooper and Richard Parker took the depositions of the following: Jacob C. Mackenheimer, Gresham Choice, James Kemp, John C. Hutcherson, James M. Hutcherson, Madison D. Carter, Cluffee M. Brooks, George W. Finney, R.N. Powell, John B. Law, James M. Givson, Silas W. Evans, William C. Poindexter, Gilly Ann Huffman, John C. Law, William H. Hutcherson and Alfred L.H. Muse. Names appearing in the 200 page printed volume of depositions are: Abram Hancock, Tom Keen, Samuel D. Berger, James Rice, Shack Law, Waller Wright, Silas Dudley, Samuel G. Martox, Snead Adams, D.W. Blunt, Henry C. Mease, Mastin Williams, and John Baker, the last named being referred to as "an Englishman."
The defendants claimed self-defense as justification for their killings and the charges against them were dismissed. In June 1860, the depositions, which were being taken when the killings occurred, were published in book form. After many years of searching, 1 found a copy and have had the same before me in writing this story. Dr. G.W. Clement, Sr., states in his foreword "To the Public" that "There were five justices on the bench of the Examining Court. Three of whom were in favour of discharging the accused, and two for sending them on to further trial." The courts record of the ease shows the close of the case in the following words: "At a court continued and held for Franklin County at the Court House on the 23rd day of March 1860, for the examination of Vincent Witcher, John A. Smith, Vincent 0. Smith, Samuel Swanson and Addison Witcher charged with the felonies aforesaid by them committed in this, that they did on the 25th day of February 1860, in the Counting Boom of Dickinson's Store in said county willfully, deliberately and with premeditation murder and kill Ralph A. Clement, James R. Clement and William C. Clement.
"Present: Richard M. Taliaferro, Robert Bush, Noses C. Greer, Jonathan H. McNeil and Isaac Cannady, General Justices.
"The said Vincent Witcher, John A. Smith, Vincent 0. Smith, Samuel Swanson and Addison Witcher were again led to the bar in custody of the jailer of this court. And the court having examined divers witnesses as well on behalf of the Commonwealth as of prisoners at the bar, who were heard in their defense by Counsel, is of the opinion that there is not probable cause for charging the said prisoners with the offense aforesaid and doth order that they be acquitted and go thereof without day."
For a half century, the acquittal of these men was pointed to by Franklin County citizens as an illustration of how extreme may be the miscarriage of justice. The Masonic fraternity in which membership was held by both the killers and the killed, did not treat the matter so lightly. After the court had, on the 23rd of March, acquitted the five men of the killings committed less than a month before, Thomas S. Muse and John P, Lowell, members of the Masonic Lodge which bore the name of Vincent Witcher, chief actor in the killings, wrote of the "unfortunate death of Brothers R.A, and James R. Clement who cane to their death by the instrumentality of their brother in Masonry Vincent Witcher," and asked "that a committee of brethren be appointed whose duty it shall he to procure the evidence and make a report therefrom at our next regular communication." The reason given for "a thorough Masonic investigation," after the civil court had acquitted the killers, was stated in the following language: "The laws of a State are not the laws to try Brethren by who have offended against the Constitution and By laws of Masonry, that Civil law and Masonic law are as separate as Church and State." The Muse-Lowell document then asks, "Would the Civil law punish a Brother for violating the secrets and mysteries of Masonry or its Constitution?"
Vincent Witcher Lodge No. 87 was chartered December 15, 1852, and had 39 members in 1860. The report of this lodge to the Grand Lodge for the year 1860 shows the deaths of R.A. and James R. Clement. The membership of the lodge down to 1860 includes the name of Vincent Walker. The secretary of the Grand Lodge of Virginia, James N. Hillman, in a letter to the author writes, "I find no reference to him (Vincent Witcher) subsequent to 1860 in the list of expulsions, suspensions or membership. Evidently, something happened to him, but it is not reported in the minutes from that lodge." There were no returns from Vincent Witcher Lodge, No. 87, to the Grand Lodge, according to the minutes of 1860 to 1866. These were war years, however, and that fact, rather than the fratricidal strife, may be the explanation of the interruption of the lodge's activity. Vincent Witcher Lodge No. 87 lost its charter in 1885 for mot having made a report in three years and in 1886 is marked extinct. The number it bore is now borne by Naomi Lodge in Norfolk, but the name of Vincent Witcher, who shed the blood of his brother Masons, has not been perpetuated by Masonry.
Residence:
7 slaves
Residence:
17 slaves
Residence:
25 slaves
Residence:
35 slaves
Residence:
53 slaves
Vincent married Nancy Newbill on 5 Mar 1810 in , Franklin, Virginia, USA. Nancy (daughter of Nathaniel Parker Newbill and Sarah Glenn) was born in 1786 in , Lunenburg, Virginia, USA; died in 1869 in , Pittsylvania, Virginia, USA. [Group Sheet] [Family Chart]
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15. | Nancy Newbill was born in 1786 in , Lunenburg, Virginia, USA (daughter of Nathaniel Parker Newbill and Sarah Glenn); died in 1869 in , Pittsylvania, Virginia, USA. Other Events and Attributes:
- Residence: 1850, , Pittsylvania, Virginia, USA
- Residence: 1860, , Pittsylvania, Virginia, USA
Children:
- Caleb Witcher
- John Reuben Witcher was born in 1810.
- Sarah Elizabeth Witcher was born on 11 Dec 1810 in , Pittsylvania, Virginia, USA; died on 19 Dec 1880 in , Pittsylvania, Virginia, USA; was buried in Callands, Pittsylvania, Virginia, USA.
- 7. Mary Ann Witcher was born in 1815 in , Pittsylvania, Virginia, USA; died in 1875 in , Pittsylvania, Virginia, USA.
- Nathaniel Newbill Witcher was born in 1815 in , Pittsylvania, Virginia, USA; died on 10 Jun 1896 in , Pittsylvania, Virginia, USA.
- Sarah Eliza Witcher was born in 1815 in , Pittsylvania, Virginia, USA.
- Catherine Frances Witcher was born in 1819 in , Pittsylvania, Virginia, USA.
- Vincent Oliver Witcher was born in 1822 in , Pittsylvania, Virginia, USA; died in 1864 in , Pittsylvania, Virginia, USA.
- William Addison Witcher was born in 1823 in , Pittsylvania, Virginia, USA; died on 15 Feb 1887 in , Pittsylvania, Virginia, USA.
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Generation: 5
28. | William Reuben Witcher, Jr was born on 18 Sep 1758 in , Pittsylvania, Virginia, USA (son of William Reuben Witcher, Sr and Anna Rachel Majors); died on 9 Oct 1822 in , Pittsylvania, Virginia, USA. Other Events and Attributes:
- Residence: 1782, , Pittsylvania, Virginia, USA
- Residence: 1820, , Pittsylvania, Virginia, USA
Notes:
Residence:
23 slaves
William married Mary Polly Dalton on 1 Apr 1782 in , Pittsylvania, Virginia, USA. Mary (daughter of Robert Dalton and Mary Key) was born in 1764 in , Albemarle, Virginia, USA; died on 29 Sep 1852 in , Pittsylvania, Virginia, USA. [Group Sheet] [Family Chart]
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29. | Mary Polly Dalton was born in 1764 in , Albemarle, Virginia, USA (daughter of Robert Dalton and Mary Key); died on 29 Sep 1852 in , Pittsylvania, Virginia, USA. Other Events and Attributes:
- Residence: 1830, , Pittsylvania, Virginia, USA
- Residence: 1840, , Pittsylvania, Virginia, USA
- Residence: 1850, , Pittsylvania, Virginia, USA
Children:
- Becky Witcher
- John Reuben Witcher was born on 16 Jun 1784 in , Pittsylvania, Virginia, USA; died on 2 Jul 1854 in , Pittsylvania, Virginia, USA; was buried in Ajax, Pittsylvania, Virginia, USA.
- Nancy Witcher was born on 15 Sep 1786 in , Pittsylvania, Virginia, USA; died on 15 Jul 1835 in , Pittsylvania, Virginia, USA.
- 14. Vincent Oliver Witcher was born in 1789 in Danville, Independent Cities, Virginia, USA; died on 22 Oct 1877 in Danville, Independent Cities, Virginia, USA.
- William A Witcher was born in 1791 in , , Virginia, USA.
- Judith C Witcher was born in 1792 in , Pittsylvania, Virginia, USA; died in Feb 1870 in Union Hall, Franklin, Virginia, USA.
- Caleb Witcher was born in 1792 in Danville, Independent Cities, Virginia, USA; died on 18 Jul 1835 in , Pittsylvania, Virginia, USA.
- James W Witcher was born in 1796 in , Pittsylvania, Virginia, USA; died on 7 Aug 1852 in , Macon, Tennessee, USA.
- Rachel Witcher was born in 1798 in , Pittsylvania, Virginia, USA; died on 4 Jul 1854 in , Pittsylvania, Virginia, USA.
- Ephriam Witcher was born in 1798 in , Pittsylvania, Virginia, USA; died in 1863 in , Pettis, Missouri, USA.
- Elizabeth Witcher was born on 14 May 1805 in , Pittsylvania, Virginia, USA; died on 1 Sep 1867 in Missouri City, Fort Bend, Texas, USA.
- James Vincent Witcher was born on 25 Apr 1810 in Staunton, Independent Cities, Virginia, USA; died on 1 Oct 1886 in , Saline, Missouri, USA.
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30. | Nathaniel Parker Newbill was born on 3 May 1746 in , Essex, Virginia, USA (son of Thomas Newbill and Ann Catherine Ann Howerton); died in 1828 in , Franklin, Virginia, USA. Other Events and Attributes:
- Residence: 1810, , Franklin, Virginia, USA
- Residence: 1820, , Franklin, Virginia, USA
Nathaniel married Sarah Glenn in 1772 in , Lunenburg, Virginia, USA. Sarah (daughter of Tyree Glenn and Mary Roe) was born in 1751 in , Lunenburg, Virginia, USA; died on 24 Feb 1823 in , Pettis, Missouri, USA. [Group Sheet] [Family Chart]
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31. | Sarah Glenn was born in 1751 in , Lunenburg, Virginia, USA (daughter of Tyree Glenn and Mary Roe); died on 24 Feb 1823 in , Pettis, Missouri, USA. Children:
- Thomas Newbill was born in 1775 in , Essex, Virginia, USA; died in 1795 in , Lunenburg, Virginia, USA.
- Anna Nanna Botan Newbill was born in 1775 in , Essex, Virginia, USA; died in 1858 in Penhook, Franklin, Virginia, USA.
- Mary Newbill was born in 1775 in , Lunenburg, Virginia, USA; died in Jul 1819.
- Sarah Sally Roe Newbill was born in 1780 in , Essex, Virginia, USA; died in Baraboo, Sauk, Wisconsin, USA.
- 15. Nancy Newbill was born in 1786 in , Lunenburg, Virginia, USA; died in 1869 in , Pittsylvania, Virginia, USA.
- Tyree Glenn Newbill was born on 10 Oct 1792 in , Lunenburg, Virginia, USA; died on 17 Jan 1884 in , Pettis, Missouri, USA.
- James Milton Newbill was born in 1796 in , , Virginia, USA; died in Jul 1877 in , Halifax, Virginia, USA.
- Henry Newbill was born in 1797 in , Lunenburg, Virginia, USA; died on 20 Mar 1848 in , Dinwiddie, Virginia, USA.
- Catherine Newbill was born in 1802 in , Lunenburg, Virginia, USA; died on 9 Sep 1872 in Springfield, Henry, Missouri, USA.
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Generation: 6
56. | William Reuben Witcher, Sr was born in Oct 1724 in Wiltshire, England (son of John Witcher and Elizabeth Price); died on 8 Jun 1806 in Sandy Level, Pittsylvania, Virginia, USA; was buried in Jun 1806 in Witcher Family Cemetery, Ajax, Pittsylvania, Virginia, USA. Other Events and Attributes:
- Residence: 1782, , Pittsylvania, Virginia, USA
Notes:
William Witcher was living in Pittsylvania Co VA by 1762, and in 1763 he was serving as a vestryman of Camden Parish. (He may have been a vestryman as far back as 1747) Pittsylvania Co and Camden Parish were organized in 1767. He was one of two people who let the contract for a church near Snow Creek Chapel, and also one of two who let the contract for the Chapel of Ease. He was one of four ordered to let the building of the "hull of a Courthouse thirty two by twenty four Shingled Ruff" -- the first courthouse in Pittsylvania Co. He was appointed a Justice of Peace for Pittsylvania Co on December 12, 1769.
1767 First List of Tithables of Pittsylvania Co. VA
William Witcher and negro Sawney 2 100
Daniel Witcher 1 191
John Witcher 1 190
William Witcher took the oath of Vestryman 1768. Was member of County Committee of Safety. Appointed Captain of Militia in 1775. Commanded a Company of Militia in Indian Expedition of 1776. When the Regiment under Col. Christian pushed on into Tenn., a force of 200 men were left under the command of Capt. Witcher to guard Fort Patrick Henry. (Pittsylvania Pension Papers).
From Brunswick Co., VA deed files...
8-D, Peter Copeland, 380 acres, Little Beaver Creek, 23 Apr 1768, land now in Pittsylvania County, VA [#226].
Peter Copeland, 51 acres, brs. of Daniel's Mill Creek, 9 Feb 1769, land now in Pittsylvania County, VA [#182].
3 May 1775. Order to Peter Copeland and William Witcher to examine Frances Hicks, the wife of James Hicks, Jr., in their deed to Thomas Claiborne 25 Nov 1772 for 638 acres in Meherrin Parish. She was examined in Pittsylvania County 23 May 1776. Returned to Court 26 Aug 1776.
Brunswick County, Virginia, Deed Book 12, 1776-1777, page 42 (74).
William Witcher was a member of the Pittsylvania Co. Committee of Safety, which was organized in 1775 to carry out the instructions of the Continental Congress to boycott trade with England.
In claims on govt. for property taken for public use in Pittsylvania Co., Va in 18 March 1782 are many claims for William Witcher. Also for James, James, Jr., John, Thomas, and Cain Witchers. 17 May 1784
On September 27, 1775, William Witcher, Sr. was appointed a Captain of the Pittsylvania militia. He raised a company of soldiers in Pittsylvania Co., VA. Captain Witcher took part in the Indian Expedition of 1776. When the Regiment under Col. Christian pushed into Tennessee, a force of 200 men under the command of Capt. Witcher was left to guard Fort Patrick Henry.
WITCHER, William. Capt.-Col County Militia. Indian Expeditions
1776-1777. Member of the Committee of Safety. Vestryman, Justice; led Company to Stono Inlet. S.C. 1779. Led Co to Hillsboro to support Gen. Green Winter 1780. Fought with Col. Campbell's riflemen at Guilford.
Indian outrages continued, and Capt. William Witcher's company was one of two that rendezvoused at Pittsylvania Old Courthouse in March, 1777. In April they marched to Fort Patrick Henry (today the site of Kingsport, TN) and there searched for Indians, ranging the woods in all directions. In July a treaty was drawn up, and the men were dismissed to make their way home.
When Gen. Nathaniel Green assumed command of the Southern Continental Army in 1780, Capt. Witcher and his company marched from Pittsylvania Co. to Salisbury, North Carolina, as reinforcements. They also marched to Stone River in South Carolina, where they joined Colonel David Mason's regiment. Captain Witcher participated in the Battle of Stans under General Lincoln, and his company also joined General Greene in Halifax Co., South Carolina. In addition, he fought at Guilford Courthouse under Col. Lynch and at Hutaw Springs under Stephens. Captain Witcher was later promoted to Major and made Colonel by brevet.
(In the month of February 1779 this deponant was called out for a five months tour as a drafted militia man in a company commanded by Captain William Witcher in a regiment commanded by David Mason and was immediately marched south and joined the continental troops under General Linkhon at a place southwest of Charleston not long before the battle at
---?---. He and the militia with him were attached to and served with the regular troops during the whole campaign. He was discharged at Camden SC by a written discharge by his captain which said discharge he still has, of which the following is a true copy---
"Camden SC
"This is to certify that Joseph Terry Williams a Sergeant in my company of militia from Pittsylvania has served his tour of duty and is discharged. Given under my hand this 23rd day of July 1779.
Wm Witcher, Capt.
After the war, he was one of several trustees appointed by the Virginia General Assembly to improve the navigation on the Staunton River, from Brooker's ferry to the mouth of Pigg River.
William Witcher died in June 1808. His will was recorded and probated at the Court of Pittsylvania Co., VA. His executors were his sons, John and William, and they were bonded for thirty thousand dollars.
A Chapter of the DAR in Cedartown, GA is named for William S. Witcher.
The Last Will And Testament Of William Witcher
In the name of God amen. I, William Witcher Sr., of the County Pittsylvania being of weak body but of sound memory, and knowing that it is appointed for all men to once to die, do make and declare this my last Will and Testament (revoking all others) in manner and form as follows:
ITEM: My will and desire is that all my just debts should be paid out of my estate hereafter mentioned by my executors of a perishable kind.
ITEM: I give and bequeath to my son, John Witcher, my negroes, Sarah, and her children, Sinda, Ceala, and Anna, in addition to what I have already given him, which I give to him and his heirs forever.
ITEM: I lend to my son, Daniel Witcher, my negroes Stephen and Anderson during his lifetime, and after his decease my will and desire is that his heirs should inherit them forever.
ITEM: I give and bequeath to my son, William Witcher Jr., my negroes Tamer and her children Phebe, Betsy, and Peyton in addition to what I have heretofore given him, all of which I give to him and his heirs forever.
ITEM: I give and bequeath to my son, Ephriam Witcher, my negroes Bob, Abraham, Sam, Phillis, Jacob, and Will; also the land I possess in the County of Pittsylvania aforesaid on the North side of the Pigg River whereon I now live, bounded by the lines of John Smith, John Witcher, Daniel C. Edwards and William Swanson Jr. and Pigg River, all of which property both real and personal I give to him and his heirs forever.
ITEM: I give and bequeath to my son, James Witcher, my negroes Hannah, and Sellar her child to him and his heirs forever.
ITEM: I give and bequeath to my son, Caleb Witcher, one hundred pounds for the purpose of discharging a Judgment obtained against him by John Smith in the County Court of Pittsylvania, also to discharge his bond to George Herndon, both of which sums my will and desire is for my to pay them out of the sum specified and the surplus if any to go to my son Caleb Witcher and to his heirs forever. Also I lend to my son Caleb Witcher during his natural life, my negro girl,
Bethsheba and after his decease my will and desire is that his eldest child Thillada should inherit the negro girl Bethsheba with her increase forever, and in the case that Thillada should decease without lawful heirs of her body, then my will and desire is that the rest of my son Caleb's should inherit her (Bethsheba) with her increase forever.
ITEM: I lend to my daughter Elizabeth Razer during her natural life my negroes Edmond and Rose and after her decease I give them to her heirs forever.
ITEM: I give and bequeath to my daughter Rachel Morrison and her heirs forever all my tract of land whereon William Morrison (her husband) now lives on the South side of the Pigg River, bounded by Pigg River, Herman Cook's lines and William Parker's lines containing one hundred acres more or less all of which land I give to her and her heirs forever. Also two cows and calves I give to her and her heirs forever.
ITEM: My will and desire is that what money is in hand at my decease, after discharging my debts, my will and desire is that it be equally divided between my sons, John Witcher, William Witcher Jr., Daniel Witcher, Ephriam Witcher, and James Witcher.
ITEM: My will and desire is that after my decease all my stock of every kind, plantation utensils, household and kitchen furniture, with the crop on hand, be sold to the highest bidder on a credit of twelve months, and after the later is finished, the money arising therefrom be equally divided between my sons, John Witcher, William Witcher Jr., Daniel Witcher, Ephriam Witcher, and James Witcher
And lastly I do constitute, appoint and ordain my two sons, John Witcher, and William Witcher Jr., the whole and sole executors of this my last will and testament in witness thereof I have hereunto set my hand and seal this eighth day of December, one thousand eight hundred and six.
William Witcher (seal)
Sealed and delivered in the presence of
Joseph Matchett, Donald (illegible), Peyton Graves
Probate of Will
At the court of Pittsylvania County the 18th day of July, 1808, the last will and testament of William Witcher (deceased) was presented in Court and proved by the oaths of Joseph Matchett and Peyton Graves two of the subscribing witnesses and ordered to be recorded, and on the motion of John Witcher and William Witcher Jr., the executors in the said will named, who made Oath according to law, and together with Peyton Graves, William Swanson., Ephriam Witcher,
William Witcher Jr., and their securities, entered into and acknowledged their
bond in the penalty of Thirty Thousand Dollars for that purpose conditioned as the law directs, certificate is granted them for obtaining a probate of the said will in due form.
Fiske Will Lemstall--(?)
(signature illegible)
Seal A copy teste: E.E. Friend Clerk
Pittsylvania Circuit Court
Chathem, Virginia
Listed in DAR patriot index:
WITCHER Sr, William
Birth: EN 1724
Rank: Capt PS
Service: VA
Death: VA 8 Jun 1808
Patriot Pensioned: No
Widow Pensioned: No
Children Pensioned: No
Heirs Pensioned: No
Spouse: (1) Anne X
WITCHER, William. Capt.-Col County Militia. Indian Expeditions
1776-1777. Member of the Committee of Safety. Vestryman, Justice; led
Company to Stono Inlet. S.C. 1779. Led Co to Hillsboro to support Gen.
Green Winter 1780. Fought with Col. Campbell's Riflemen at Guilford.
From: An Abbreviated History of Pittsylvania County, Virginia Chapter Six: Pittsylvania's Military History By Maud Carter Clement , Chatham, Virginia, ca. 1952
In the summer of 1776 the Cherokee Indians attacked the western frontiers, and Virginia sent a force of 1600 men against them. We know of four companies of Pittsylvania Militia which marched with this force, commanded by Captains Jesse Heard, Peter Perkins, William Witcher, and Joseph Martin. When General Nathaniel Greene assumed command in the south, Virginia at once sent reinforcements. From Pittsylvania in the fall and winter of 1780-81 marched companies of militia commanded by Captains John Winn, James Brewer, William Witcher, Isaac Clements and Joshua Stone.
Mr. T. A. Witcher,
Brownwood, Texas
Dear sir:
In reply to your favor of recent date, and in answer to your enquiries:
At the creation of this County in 1767, one Wm. Witcher qualified as a vestryman for the Parish of Cambden. He was afterwards Capt., Justice of the Peace, and Maj. in the Continental Army. His will is dated in 1808. His sons were Caleb, Ephraim, John, Daniel, and William, His daughters-Ann, who married a Razor and other daughter married Morrison. I know nothing of them and descendants. William and John died in this County. Ephraim and Caleb move to Surrey and Nash Counties, N.C. Daniel moved to Kanawha County, West Va., on Witcher Creek. He was the Ancestor of Gen. J.L. Witcher of Salt Lake City, who was in the Yankee Army. I am a grandson of Vincent Witcher who was a son of Wm. I did meet Toliver Witcher when a boy, at the Columbia Hotel in Richmond. He was then Georgian. Seemed to be reticent, and as I was a mere boy I talked and saw but little of him. There is a family of Witchers in Clark and Oglethorpe Georgia; and I learn there is another family near Marietta. Vincent Witcher was for 29 years a Representative from this County. Also President of Richmond and Danville R.R. Came in one vote of being elected Governor and 3 votes of U.S. Senate. Had 3 sons N.M. Capt. V.O. and Col. W.A. Witcher of 21st Va. Regiment. V.O. died in 1869. Belonged to 57th If. I am a son of N.M. and commanded the 34th Va. Cav. I was at the battle of Gettysburg, and out of 432 men, lost all but 96. Was sent to East Tenn, and participated in all campaigns there. ________ and after Lee I surrendered. Was introduced to President Davis by Gen'l Jno C. Breckenridge, as the bravest of the brave, the truest of the true.
I am a farmer. On a good farm, and am 69 years old. Never held a Civil office, and told the President two years ago, wanted Elective or appointed: and have been for many years dissatisfied with both the centralizing tendencies of the Republicans, and the demagogary and insincerity of the Democrats, who seem to have no great underlying principles. Hence I am allied with the Populist and am a member of both the National and State Committees. Feel little interest any way.
Your mother was educated at a grand, noble Institution. My first wife was also educated at Salem. My present wife has a niece in your City who was formerly a Mrs. Rucker. I think she married a McCormick. I would be pleased to write to you any time, and give you all the information I can. There are James Witcher at Bells that Sen. Bailey has told me of. Mrs. Nancy Langhorne Astor, her grandmother was a Witcher. During the War I met Mrs. Dr. Ewing ______Cumberland Gap, and she said Wm. L. ______ and Ben Hill were Cousins of ours. The Daltons-- she was daughter of James Witcher.
Very truly and respectfully,
(signed V.A. Witcher)
William Witcher came to the American colonies from England. He served in the Virginia Militia during the American Revolution. He led his company into the battle of Stono Ferry, SC, in 1779. He also fought in the battle of Guilford Courthouse, NC, in 1781. During the Indian Expeditionary Wars he became a Brevet Colonel.
WITCHER, William. Capt.-Col County Militia. Indian Expeditions 1776-1777. Member of the Committee of Safety. Vestryman, Justice; led Company to Stono Inlet. S.C. 1779. Led Co to Hillsboro to support Gen. Green Winter 1780. Fought with Col. Campbell's riflemen at Guilford.
The Last Will and Testament of William Witcher:
In the name of God amen. I, William Witcher Sr., of the County Pittsylvania being of weak body but of sound memory, and knowing that it is appointed for all men to once to die, do make and declare this my last Will and Testament (revoking all others) in manner and form as follows:
ITEM: My will and desire is that all my just debts should bepaid out of my estate hereafter mentioned by my executors of a perishable kind.
ITEM: I give and bequeath to my son, John Witcher, mynegroes, Sarah, and her children, Sinda, Ceala, and Anna, in additionto what I have already given him, which I give to him and his heirsforever.
ITEM: I lend to my son, Daniel Witcher, my negroes Stephen and Anderson during his lifetime, and after his decease my will and desire is that his heirs should inherit them forever.
ITEM: I give and bequeath to my son, William Witcher Jr., my negroes Tamer and her children Phebe, Betsy, and Peyton in addition to what I have heretofore given him, all of which I give to him and his heirs forever.
ITEM: I give and bequeath to my son, Ephriam Witcher, my negroes Bob, Abraham, Sam, Phillis, Jacob, and Will; also the land I possess in the County of Pittsylvania aforesaid on the North side of the Pigg River whereon I now live, bounded by te ines of John Smith, John Witcher, Daniel C. Edwards and William Swanson Jr. and Pigg River, all of which property both real and personal I give to him and his heirs forever.
ITEM: I give and bequeath to my son, James Witcher, my negroes Hannah, and Sellar her child to him and his heirs forever.
ITEM: I give and bequeath to my son,, Caleb Witcher, one hundred pounds for the purpose of discharging a Judgment obtained against him by John Smith in the County Court of Pittsylvania, also to discharge his bond to George Herndon, both of whh sums my will and desire is for my to pay them out of the sum specified and the surplus if any to go to my son Caleb Witcher and to his heirs forever. Also I lend to my son Caleb Witcher during his natural life, my negro girl, Bethsheba and after his decease my will and desire is that his eldest child Thillada should inherit the negro girl Bethsheba with her increase forever, and in the case that Thillada should decease without lawful heirs of her body, then my will and desire is that the rest of my son Caleb?s should inherit her (Bethsheba) with her increase forever.
ITEM: I lend to my daughter Elizabeth Razer during her natural life my negroes Edmond and Rose and after her decease I give them to her heirs forever.
ITEM: I give and bequeath to my daughter Rachel Morrison and her heirs forever all my tract of land whereon William Morrison (her
husband) now lives on the South side of the Pigg River,bounded by Pigg River, Herman Cook?s lines and William Parker?s lines
containing one hundred acres more or less all of which land I give to her and her heirs forever. Also two cows and calves I give to her and her heirs forever.
ITEM: My will and desire is that what money is in hand at my decease, after discharging my debts, my will and desire is that it be equally divided between my sons, John Witcher, William Witcher Jr., Daniel Witcher, Ephriam Witcher, and James Wiher.
ITEM: My will and desire is that after my decease all my stock of every kind, plantation utensils, household and kitchen furniture, with the crop on hand, be sold to the highest bidder on a credit of twelve months, and after the later is finish, the money arising there from be equally divided between my sons, John Witcher, William Witcher Jr., Daniel Witcher, Ephriam Witcher, and James Witcher.
And lastly I do constitute, appoint and ordain my two sons, John Witcher, and William Witcher Jr., the whole and sole executors of this my last will and testament in witness thereof I have hereunto set my hand and seal this eighth day of December, one thousand eight hundred and six.
William Witcher (seal)
Sealed and delivered in the presence of
Joseph Matchett, Donald (illegible), Peyton Graves
Probate of Will
At the court of Pittsylvania County the 18th day of July, 1808, thelast will and testament of William Witcher (deceased) was presented in Court and proved by the oaths of Joseph Matchett and Peyton Graves two of the subscribing witnesses and ordered to be recorded, and on the motion of John Witcher and William Witcher Jr., the executors in the said will named, who made Oath according to law, and together with Peyton Graves, William Swanson., Ephriam Witcher, William Witcher Jr., and their securities, entered into and acknowledged their bond in the penalty of Thirty Thousand Dollars for that purpose conditioned as the law directs, certificate is granted them for obtaining a probate of the said will in due form.
Fiske WillLemstall--(?)
(signature illegible)
The History of Pittsylvania County Virginia By Maud Carter Clement
Various excerpts related to William Witcher:
In 1776 Pittsylvania County and Camden Parish were organized and at the first meeting of the vestry, held June 21, 1776, at the courthouse, there were present the following vestrymen, 'who subscribed in the Vestry to be comfortable to the doctrine and Discipline of the Church of England as by law Established: John Donelson, John Pigg, Hugh Innes, George Rowland, Crispen Shelton, John Wilson, Peter Perkins, Abram Shelton, Theophilus Lacy, Robert Chandler, and William Witcher.
While the Virginia troops were still in their entrenchments at Gwynn's Island an express arrived from the governor ordering them to march at once against the Indians along the western frontier. The inciting of the Indians to their barbarities against defenseless frontiersman is the darkest blot on England's fair name during the Revolutionary War.
Virginia sent a force of 1,600 men against the Cherokees, while North and South Carolina sent out expeditions at the same time. Virginia's troops rendezvoused at Long Island in the Molstein River, where in the early summer a fort had been erected and named Patrick Henry in honor of the newly elected governor.
The Cherokees lived on the Tennessee river, and all things being in readiness on October the 1st, the troops set out from Fort Patrick Henry for the march of 115 miles through the wilderness to the Indian towns. Captain William Witcher was left with a guard of 200 men for the Fort.
Indian outrages continuing along the frontier, the states forces were ordered to take the field in another Indian expedition in 1777. Two companies from Pittsylvania marched in this campaign, one commanded by Captain John Donelson, ... ; the other was commanded by Captain William Witcher. Both rendezvoused at Pittsylvania Old Courthouse (Callands) in the month of March 1777.
General Nathaniel Greene assumed command of the Southern Continental Army in the autumn of 1780 at Millsboro, North Carolina, and Virginia at once sent re-inforcement's. Several companies of militia marched from Pittsylvania that autumn and winter. Captain John Winn commanded a company ... Captain James Brewer a company ... Captain William Witcher a company ... Captain Isaac Clements a company ... Captain Joshua Stone a company ... "
William married Anna Rachel Majors in 1745 in , Pittsylvania, Virginia, USA. Anna was born in 1725 in Chatham, Pittsylvania, Virginia, USA; died on 28 Apr 1776 in Chatham, Pittsylvania, Virginia, USA. [Group Sheet] [Family Chart]
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57. | Anna Rachel Majors was born in 1725 in Chatham, Pittsylvania, Virginia, USA; died on 28 Apr 1776 in Chatham, Pittsylvania, Virginia, USA. Children:
- Polly Thadalia Witcher was born in 1746 in , , Virginia, USA.
- Daniel Witcher was born in 1746 in , Pittsylvania, Virginia, USA; died on 10 Jan 1815 in , Smith, Tennessee, USA.
- John Witcher was born in 1748 in , Lunenburg, Virginia, USA; died on 22 Apr 1825 in , Grainger, Tennessee, USA.
- Emphriam Witcher was born in 1749 in , Pittsylvania, Virginia, USA; died in Nov 1819 in Cedar Hill, Surry, North Carolina, USA.
- James Witcher was born on 20 Sep 1750 in , Pittsylvania, Virginia, USA; died on 30 Aug 1832 in , Smith, Tennessee, USA.
- Amy Witcher was born in 1751.
- Elizabeth Witcher was born in 1753.
- 28. William Reuben Witcher, Jr was born on 18 Sep 1758 in , Pittsylvania, Virginia, USA; died on 9 Oct 1822 in , Pittsylvania, Virginia, USA.
- Eliabeth Witcher was born in 1759 in , Lunenburg, Virginia, USA.
- Lacy Witcher was born in 1760.
- Mary Polly Witcher was born in 1761.
- Caleb Witcher was born in 1762 in , , Virginia, USA; died on 31 Dec 1857.
- Rachel Witcher was born in 1764 in , Pittsylvania, Virginia, USA; died in 1820 in , Cabell, West Virginia, USA.
- Elizabeth Witcher was born in 1765 in , Pittsylvania, Virginia, USA; died in 1820 in , Cabell, West Virginia, USA.
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58. | Robert Dalton was born in 1722 in , Bedford, Virginia, USA (son of Timothy Dalton and Elizabeth Ann Talbot); died on 28 Jan 1779 in , Pittsylvania, Virginia, USA. Robert married Mary Key in 1748 in , Goochland, Virginia, USA. Mary was born in 1732 in , Goochland, Virginia, USA; died on 28 Jan 1799 in , Albemarle, Virginia, USA. [Group Sheet] [Family Chart]
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59. | Mary Key was born in 1732 in , Goochland, Virginia, USA; died on 28 Jan 1799 in , Albemarle, Virginia, USA. Children:
- Susannah Key Dalton was born in 1748 in , Amherst, Virginia, USA; died on 13 Sep 1818 in , Smith, Tennessee, USA.
- Martha Dalton was born in 1749 in , Albemarle, Virginia, USA; died in 1827 in , Greenville, South Carolina, USA.
- Robert Dalton was born in 1751 in , , Virginia, USA.
- John Flan Dalton was born in 1754 in Winston Dalton, Pittsylvania, Virginia, USA; died on 3 Apr 1833 in , Sumner, Tennessee, USA.
- Nancy Dalton was born in 1755 in , , Virginia, USA.
- Agatha Dalton was born in 1759 in , , Virginia, USA.
- Soloman Dalton was born on 14 Jun 1760 in , Pittsylvania, Virginia, USA; died on 20 Nov 1845 in , Pickens, South Carolina, USA.
- 29. Mary Polly Dalton was born in 1764 in , Albemarle, Virginia, USA; died on 29 Sep 1852 in , Pittsylvania, Virginia, USA.
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60. | Thomas Newbill was born in 1725 in , Essex, Virginia, USA; died in 1777 in , , Virginia, USA. Thomas + Ann Catherine Ann Howerton. Ann was born in 1730 in , Essex, Virginia, USA; died in 1777 in , Essex, Virginia, USA. [Group Sheet] [Family Chart]
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61. | Ann Catherine Ann Howerton was born in 1730 in , Essex, Virginia, USA; died in 1777 in , Essex, Virginia, USA. Children:
- 30. Nathaniel Parker Newbill was born on 3 May 1746 in , Essex, Virginia, USA; died in 1828 in , Franklin, Virginia, USA.
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62. | Tyree Glenn was born in 1704 in St Martins, Hanover, Virginia, USA; died on 2 Jul 1763 in , Lunenburg, Virginia, USA. Tyree + Mary Roe. Mary was born in 1720 in , Lunenburg, Virginia, USA; died on 11 Mar 1784 in , Lunenburg, Virginia, USA. [Group Sheet] [Family Chart]
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63. | Mary Roe was born in 1720 in , Lunenburg, Virginia, USA; died on 11 Mar 1784 in , Lunenburg, Virginia, USA. Children:
- 31. Sarah Glenn was born in 1751 in , Lunenburg, Virginia, USA; died on 24 Feb 1823 in , Pettis, Missouri, USA.
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