Adam Clement

Other Events and Attributes:

• Residence: 1765, , Bedford, Virginia, USA
• Residence: 1810, Lynchburg, Independent Cities, Virginia, USA

Adam married Agnes Louisa Johnson on Yes, date unknown. Agnes was born on 22 Dec 1747 in Camp Creek, Louisa, Virginia, USA; died in 1811 in , Campbell, Virginia, USA. [Group Sheet] [Family Chart]

Samuel married Pamela Goggin on 23 Oct 1797 in , Bedford, Virginia, USA. Pamela (daughter of Stephen Goggin, Jr and Rachel Moorman) was born on 31 Oct 1775 in , Bedford, Virginia, USA; died on 21 Aug 1845 in Columbia, Adair, Kentucky, USA. [Group Sheet] [Family Chart]

Benjamin married Mary Polly Candler on Yes, date unknown. Mary was born in Mar 1775 in , Campbell, Virginia, USA. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Residence: 1820, , Pittsylvania, Virginia, USA
• Residence: 1830, , Pittsylvania, Virginia, USA

Charles married Nancy Hanby on 17 Nov 1804 in , Patrick, Virginia, USA. Nancy (daughter of David Hanby and Virginia Jenny Dalton) was born in 1783 in , , North Carolina, USA; died in 1862 in , , Virginia, USA. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Residence: 1820, , Franklin, Virginia, USA
• Residence: 1830, , Franklin, Virginia, USA
• Residence: 1840, , Franklin, Virginia, USA
• Residence: 1850, , Franklin, Virginia, USA
• Residence: 1860, , Pittsylvania, Virginia, USA

Notes:

Will of George W. CLEMENT, dated 15 Oct 1863
Pittsylvania County, VA, Will Book 3, page 1
Transcript by Richard W. Kesler, 11 October 1999, posted here by permission


In the name of God Amen I George W. Clement of the County of Pittsylvania in the State of Virginia being of sound mind and memory and considering the uncertainty of life do therefore make ordain publish and declare this to be my last will and testament.
1st. I will the payment and discharge of all my just & lawful debts together with my burial expenses.
2nd, I have advanced to my son John S. Clement decd in monies negroes Etc. the value of & [illegible] I release the estate of said John S. Clement from any liability on account of the bonds which I hold against said decedent they being ind e above advance.
3rd. I have given to Porlina A. Moor a grandaughter a negro boy Arch the value of $700 which said gift is consideration of the tract of land sold by me which said land or the proceeds I intended for the children of said John S. Clement.
4th. I have advanced to James Clement son of the late John S. Clement one hundred dollars in money.
5th. I will to Stella A. Johnson one negro girl Mary valued at $700.
6th. I have advanced to my son Geo. W. Clement in sundra things at different times the value of $4598. The bonds I hold against him I hereby release him from the payment of all of them.
7th. I have advanced to son Ralph A. Clement including three negroes cash at different times & also including old bonds which I release his estate from paying. I also surveyed to said Ralph A. Clement a tract of land etc. on which his widw es. This tract I now will to my grand daughter Martha Washington Clement the tract containing 443 acres. Out of this Bettie A. Clement is to have dower during her life, which said tract is valued at $3500 of which sum Ralph A. Clement has paid me $2000.
8th. I will to my grand daughter Martha W. Clement daughter of R. A. Clement the balance of said tract mentioned in the seventh clause lying on the north side of Snow Creek and supposed to contain 130 or 150 acres. This land is valued at $5nd must be accounted for unless however the provisions of this should make my daughter equal to the advances to my son Ralph A. Clement & in that event this last lot of land I give without charge. 9th. I have advanced to Charles J. Clement in slaves money land etc. the value of $6685.00. Said Charles is hereby released from the payment of any bonds which I hold against him. The tract of land included in the above advance is known as my old home in Franklin County containing by recent survey 610 acres less one half an acre which I reserve for Grave Yard.
10th. I will to my wife Sally Clement and her four children the whole of the tract of land upon which I now reside lying on the waters of Turkey Cock Creek in the counties of Pittsyvania and Henry containing by recent estimation 3200 acresf said tract belonging to my wife during her life the balance to be equally divided between her children Benjamin T. Henry K. Juriah O. and Stephen F. Clement. If any of said aforesaid die before arriving at the age of twenty one years or die without heirs then said decedents interest in the land above mentioned will belong to the surviving children or my said wife Sally Clement.
11th. I have advanced to my daughter Porlina A. Carter in slaves money & other sundras the value of $2193.35.
12th. I have advanced to my daughter Sarah E. Clement in money negroes etc. the value of $2657.05
13th. I have advanced to my daughter Stella J. Julian in money slaves etc. the value of $2575.00 the slaves however embraced in this advance I directed one third of them to my said daughter and the other two thirds to be divided equally n ildren by her first husband.
14th. I will to my four youngest children Benjamin T. Henry K. Juriah O. and Stephen F. the following named slaves to wit Big Tom Clary Cornelia Pocahontas John Jeff Henrietta Nelley Bob Sam White Nance Gustine & Homer valued at $7000.00s to be equally divid(ed) between the four children mentioned in this clause provided however if any of said children die without heirs the interest of such decedents shall be given to the surviving children of my wife Sally Clement.
15th. I will to Charles J. Clement one negro man Stephen & one negro woman Gelisha as debt on the estate of James R. Clement amounting to $1000.00 it being an amount which said James R. Clement collected for a negro of mine named Patience son Finney. Also any other bond which I hold against the estate of said James R. Clement to be held by said Charles J. Clement in trust for the benefit of Lelia Maud daughter of James R. Clement provided however if said Lelia Maud Clement should die a minor then said trustee shall sell and equally divide the proceeds between my children by my first wife provided further that if my said son Charles J. Clement shall refuse to act as trustee aforesaid then I nominate my son Benjamin T. Clement and if neither will act as said trustee I further nominate Henry K. Clement in their stead.
16th. I will to my son Charles J. Clement a negro woman Isabella valued at $500.00.
17th. I will to my three daughters by my first wife Viz. Stella J. Julian Porlina A. Carter & Sarah E. Clement the following slaves to wit Rubin Gabril Kllis Sam Dock Austine Granuello Cloe Caroline Judy Amelia Mariah Amanda Clara Anne ane to be divid(ed) as near equal between said daughters as practicable share & share alike.
18th. I have in my possession the following slaves my wife's dower in the first husband's estate names of slaves to wit Henry Siciline Tom Bob Joe John Lewis Madison Vincent Quincy Floyd Lucious John Caty Eveline Milly Julia Elizabeth Kimbilda Laura Rebecca Ella Fanney Susan Angeline Malissa Roberta Anne [illegible] Charlotte Frances and Victoria the foregoing negroes thirty four in number loaned to my wife Sally Clement during her life & at her death to go back to the distributees of the late Samuel Cook.
19th. I will that my Executrix and Executors herein after named as soon as practible after my death proceed to sell at auction on such credit as they may think best the following tracts of land to wit one tract adjoining the land given ms J. Clement in the county of Franklin and containing by recent survey 481 acres the other tract being in the county of Pittsylvania on the south bank of Snow Creek and adjoining the land willed by me to Martha Washingtron Clement in the seventh clause of this will said tract containing near 500 acres by estimation and when the proceeds of the sale of such land is collected I will it distributed as follows to my grandson James Clement son of Jno. the sum of $700 to my grand daughter Lelia Maud Clement daughter of James the sum of $500 to go into the hands of the trustees mentioned in the 15th. clause of this will and subject to the same distribution in case of the death of said minor as the the other property mentioned in the said 15th. clause. The balance of the money arising from the sale of the two tracts of land aforesaid I will to be divided between my three daughters by my first wife to wit Porlina A. Carter Stella J. Julian and Sarah E. Clement so as to make them as near equal [illegible] taking into consideration their advances heretofore made.
20th. I will the balance of my estate not hereinbefore disposed of to my wife Sally Clement and her four children to wit Benjamin T. Henry K Juriah O. and Stephen F. Clement including house hold furniture & kitchen furniture Etc. cattle mup both at home and in Franklin. Also waggons & all other plantation tools together with the provisions on hand and crops also any money on hand at my death.
21st. I will in case of the death of any of my first wife's children before distribution is made under this will that their interest in the proerty herein bequeath(ed) shall go to the surviving children of my said first wife. Also if any ofife's children should die before distribution is made under this will said decedent interest then shall go to the survivors of said last wife Sally Clement.
22nd. I will that the 14th. 17th. and 18th. clauses of this will be so construed as to give the increase in slaves mentioned in each clause to the distributees therein mentioned in each clause.
23rd. I appoint my wife Sally Clement Executrix and my sons Benjamin T. & Henry K. Clement Executirs of this my will and particularily request that no security be required of them as such or of either of them in the event of notification oh the other. I desire that there be no inventory or appraisement of my estate. Given under my hand this 15th. day of October 1863.

George W. Clement (Signed)

At the county court held for the county of Pittsylvania on the 16th. day of December 1867 the last will and testament of George W. Clement Senr Decd was proved by John F. Pedigo and Wm. F. Gardner two of the subscribing witnesses thereto and it is ordered that the said will be recorded and Sally Clement the Executrix refusing to qualify, on the motion of Benjamin T. Clement & Henry C. Clement the Executors who made oath and entered into and acknowledged a bond in the penalty of sixteen thousand dollars conditioned according to law certificate is granted them for obtaining probate of said will in due form the testator requesting the court not to require security of the said Executors.

Teste- S. Scruggs Clk. (Signed)

George married Stella Johnson Smith on 1 Dec 1811 in , Pittsylvania, Virginia, USA. Stella was born on 20 Dec 1793 in , Pittsylvania, Virginia, USA; died on 9 Aug 1833 in , Franklin, Virginia, USA. [Group Sheet] [Family Chart]

George married Sallie Sarah Turner Cook on 22 Nov 1834. Sallie was born on 13 Sep 1804 in , Bedford, Virginia, USA; died on 15 Mar 1889 in , Pittsylvania, Virginia, USA. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Residence: 1830, , Fentress, Tennessee, USA
• Residence: 1837, , Monroe, Missouri, USA
• Residence: 1840, Mason, Marion, Missouri, USA

John married Jane Lampton on 6 May 1823 in Columbia, Adair, Kentucky, USA. Jane (daughter of Benjamin Lampton and Margaret Peggy Casey) was born on 18 Jun 1803 in Columbia, Adair, Kentucky, USA; died on 27 Oct 1890 in Keokuk, Keokuk, Iowa, USA. [Group Sheet] [Family Chart]

Elizabeth married John Nicholas Pollard on 4 Oct 1820 in , Bedford, Virginia, USA. John was born in 1798 in , , Virginia, USA; died in 1875 in , Bedford, Virginia, USA. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Residence: 1840, , Pittsylvania, Virginia, USA
• Residence: 1850, , Pittsylvania, Virginia, USA

James married Catherine Frances Witcher on 12 May 1835 in , Pittsylvania, Virginia, USA. Catherine (daughter of Vincent Oliver Witcher and Nancy Newbill) was born in 1819 in , Pittsylvania, Virginia, USA. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Residence: 1850, , Pittsylvania, Virginia, USA
• Residence: 1860, Mount Airy, Surry, North Carolina, USA
• Residence: 1870, Rockford, Surry, North Carolina, USA
• Residence: 1880, Dan River, Patrick, Virginia, USA

George married Nancy Alexander on 27 Jul 1841 in , , Virginia, USA. Nancy was born on 15 Jan 1824 in , Campbell, Virginia, USA; died on 1 Jan 1903 in , Patrick, Virginia, USA. [Group Sheet] [Family Chart]

Notes:

Will of Ralph Alexander CLEMENT, dated 13 Sep 1859
Pittsylvania County, VA, Will Book 3, page 340
Transcript by Richard W. Kesler, 4 January 2001, posted here by permission


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)

At a County Court held for the county of Pittsylvania on the 17 day of December 1860 A writing bearing date 13 day of September 1859 purporting to be the last will and testament of R. A. Clement deceased was brought into court in order be proved whereupon it appreaing to the satisfaction of the court that the said writing is wholy in the hand writing of the testator it is ordered that the said writing be recorded and the testator failing to appoint an executor on the mothion of Elizabeth Ann Clement who made oath and with Washington Dickinson as her security who made oath to his sufficiency entered into and acknowledged a bond in the penalty of thirty thousand dollars conditioned according to the law certificate is granted her for obtaining letter of administration on the estate of R. A. Clement deceased with the will annexed in due form.
Teste L. Scruggs clk


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.

Died:
Murdered by sister in law's relatives.

Family/Spouse: Elisabeth Ann. Elisabeth was born about 1816 in , , Virginia, USA. [Group Sheet] [Family Chart]

Notes:

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.

Died:
Murdered by sister in law's relatives.

Other Events and Attributes:

• Residence: 1850, , Franklin, Virginia, USA

Notes:

Murdered by wife's relatives.
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.

Died:
James and 2 brothers were murdered by Victoria's relatives.

James married Victoria C Smith on 13 May 1858 in , Pittsylvania, Virginia, USA. 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]

Other Events and Attributes:

• Residence: 1850, , Franklin, Virginia, USA
• Residence: 1860, , Pittsylvania, Virginia, USA

Family/Spouse: Eleanor Ellen Sidney Rigney. Eleanor was born in Jun 1844 in Brier Mountain, Pittsylvania, Virginia, USA; died in 1904 in Brier Mountain, Pittsylvania, Virginia, USA. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Residence: 1850, Hannibal, Marion, Missouri, USA
• Residence: 1860, Saint Louis, Saint Louis, Missouri, USA
• Residence: 1870, Buffalo, Erie, New York, USA
• Residence: 1880, Hartford, Hartford, Connecticut, USA
• Residence: 1900, Hartford, Hartford, Connecticut, USA
• Residence: 1910, Redding, Fairfield, Connecticut, USA

Samuel married Olivia Louise Langdon on 2 Feb 1870 in Elmyra, Chemung, New York, USA. Olivia (daughter of Jervis Langdon and Olivia Langdon Lewis) was born on 27 Nov 1845 in Elmyra, Chemung, New York, USA; died on 5 Jun 1904 in Florence, Firenze, Toscana, Italy. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Residence: 1880, Dan River, Patrick, Virginia, USA

Other Events and Attributes:

• Residence: 1880, Dan River, Patrick, Virginia, USA
• Residence: 1900, Dan River, Patrick, Virginia, USA

Ralph married Emmerzetta Ann Smith on 15 Apr 1883 in , Patrick, Virginia, USA. Emmerzetta was born on 24 Jul 1860 in , Patrick, Virginia, USA; died on 21 Mar 1925 in , Patrick, Virginia, USA. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Residence: 1880, Dan River, Patrick, Virginia, USA

Other Events and Attributes:

• Residence: 1860, , Pittsylvania, Virginia, USA
• Residence: 1870, , Pittsylvania, Virginia, USA