Thursday, March 09, 2017

John Booth of Indiana vs. John Booth of Virginia

Circuit Superior Court of Law and Chancery for the County of Loudoun
Case M1892:
John Booth of Indiana vs. John Booth of Loudoun, VA

Before these documents are posted is will be best to give the reader an introduction. The parties involved in this Court case are involved in a lawsuit brought about by John Booth of Jefferson County, Indiana, son of Captain James Booth who was killed by Indians in 1778 in Harrison County, (now) West Virginia. On the opposite end of the lawsuit is his cousin, John Booth Jr. son of John Booth Sr. back in Loudoun County, Virginia. The Court case is concerning the Estate of Robert Booth whose heirs were Captain James Booth and John Booth Sr., sons, and Ann Chambers and Jane Stump, daughters. Capt. Captain James Booth’s heirs that are named in the depositions are John Booth (Indiana), James Booth (Jr.), Bathsheba and husband Alexander McClelland, and Sarah and husband Evan Thomas. The heirs of John Booth Sr. of Loudoun Co. Virginia are James, John Jr., and Frances Booth. The following document is what started the whole lawsuit. Robert Booth left land to his sons, James and John Sr. James left for Harrison Co. VA and sold his land to his brother, John Sr. Somehow not all of it was disposed of, thus this lawsuit. John Booth Jr. of Loudoun County, Virginia went to Indiana to seek our his cousin, John Booth of Jefferson County, Indiana. He obtained a Power of Attorney to dispose of the rest of the property that belonged to Captain James Booth, deceased that was left behind in Loudoun County, Virginia.

12 OCTOBER 1818

Know all men by those Presents that I John Booth of the County of Jefferson and State of Indiana for diverse good causes we there unto moving, have made, ordained, constituted and appointed & by these Presents doth make ordain, constitute, appoint my true & trusty friend John Booth Junior of Loudoun County [VA] for my true and lawfull attorney. In my name and on my behalf to ask, demand and sue for Sale commission or dispose of in any manner or to any person he may deem proper. All or any land lying or being in the County of Loudoun the title to which may have been vested in me by the Last Will and Testament of Robert Booth deceased or in any manner whatever. Hereby notifying & confirming all acts or deeds of my said attorney relative to said lands in the testimony. I have hereunto set my hand and affixed my Seal at Ma did on the, 12th Oct. 1818.
John Booth (Seal)

State of Indiana
Jefferson County
Personally appeared before me the
undersigned a Justice of the Peace for the County aforesaid
John Booth who acknowledged that within Power of Attorney therein
to be his Voluntary act and did for the Purpose therein expressed
Given under my hand Seal this 12th day of October 1818.
John Meek , J. P. (Seal)

Monday, February 13, 2017

Will of Robert Booth of Loudoun Co, Virginia 1760

Connecting my 4th great grandfather,John Booth, back to his father, Captain James Booth, and then to his grandfather, Robert Booth of Loudoun County, Virginia I feel it is necessary to post Robert Booth's Will and all the depositions from a later court case involving his estate. Some of these court depositions can be hard to decipher who is related to who, but in the end it will all fall in place hopefully. So hopefully this will help you to understand the relationships by the end.


In the name of God Amen the one and twentieth Day of September in the Thirtieth second year of the Reign of our Sovereign Lord King George and in the year of our Lord God one thousand seven hundred and fifty nine I Robert Booth of Loudon County in the Colony of Virginia being sick and weak in Body but in perfect mind and memory praise be given to Almighty God for it and Calling to mind the uncertain State of this Transitory Life and being desirous to set things in Order Do make this my Last Will and Testament in form as follows. First I Commend my Soul to God that gave it and my Body to the Earth to be Buried in a decent manner at the Discretion of my Executor hereafter named, I give and Bequeath to my Son John Booth Sixty acres of Land adjoining around the Place he settled during his Life then to fall to the heirs of Thos. Stump and William Chambers and their Heirs forever. Second I give to my Daughter Jane Stump my own Plantation and two hundred Acres of Land to her and her lawful heirs Lawfully Begotten by Thomas Stump and so from heir to heir forever. Third I give and Bequeath to my Daughter Ann Chambers the Plantation where Wm. Maccough now dwells with two hundred Acres of Land to her and her Lawful heirs Lawfully begotten by William Chambers. Fourth I give and Bequeath to James Booth my Son Price’s place with the remainder of my land more or less to him and his Lawful heir forever. One cow I leave to Elizabeth Stump my Granddaughter Daughter of Thomas Stump, one cow I leave to Viallator Chambers Daughter of William Chambers {,} Choice of my Horses I leave to William Chambers {,} second Choice to James Booth{,} all the rest of my goods and Chattles to my Daughter Jane Stump only my hogs excepted to pay Funeral expenses --------
Alexis Jackson and his Wife Henrietta is not to be Disturbed, paying their yearly Rent six Barrels of Corn or forty eight shills currency during their natural Life or Lives of the longest liver of them.
As Witness whereof I have hereunto set my hand and Seal to one Sheet of paper written one side and some of the other side the year and day above written, --------
Robert Booth (SS)
Signed Sealed and Declared in the Presents of us by the said Robert Booth to be his last Will and Testament ----
Wm. [(X) his mark] Maccoy, Henry [(H) his mark] Jackson, Alexis Jackson
At a Court Continued and held for Loudoun County, March the 12th 1760, This Will was proved by the oaths of William Maccoy, Alexis Jackson and Henry Jackson Witnesses thereto and ordered to be Recorded and no Executor being named in the said Will, John Booth heir-at-law to the Decedent was Summoned to take upon himself the Administration of the Estate of the said Decedent and refused so to do, whereon the Action of Thomas Stump who made Oath according to Law Certificate was granted him for in obtaining Letters of Administration on the Estate of the said Decedent with the said Will Annexed in one form giving Security on which he together with William Smith and John Davison his Securities entered into and Acknowledged Bond.

Wednesday, November 16, 2016

The Lineage of John Booth of Indiana and Harrison County, West Virginia

I have been working on my Booth family for some 15 years and I have been fortunate to have come across many generous distant cousins that have shared what they have found. I know I have tried to thank each and every one of them, but I just want to put it in writing "Thanks so much to my Booth cousins." It's fortunate to have an historical figure in the family, Captain James Booth, because so many records and historical accounts have been left about him. Unfortunately though, it's been a little harder to find anything on his children and wife. When I posted on Captain James Booth's letter of 1777 on the August 2013 post that was my small part that I could share what I had found at the time.

My 4th great grandfather, John Booth was born about 1768, although there are other dates that have been given. He was the son of Captain James Booth and Nancy Stalnaker. Captain James Booth was killed by Indians in 1778. His story can be found in the book, History of Harrison County, West Virginia from the Early Days of Northwestern Virginia to the Present, Morgantown, WV: Acme Publishing Co, 1910, page 71. This book can now be seen on Google books. On page 20-21: "In the year 1771 Captain James Booth and John Thomas settled on Booth's Creek on land that was afterwards owned by the Martin family and others shortly followed. Captain Booth was afterwards killed by the Indians and his loss was severely felt by the inhabitants in his neighbor-hood." On page 35: "John Booth, heir of James Booth, in the forks of the Monongahela River, to include his settlement made in 1771." And these entries go on and on in this book as well as other books that we have come across detailing the history of this area.

John and James went to Shelby County, Kentucky sometime after the death of their father. Sarah Booth married Evan Thomas and they went to Jennings County, Indiana. Bathsheba Booth married Alexander McClelland and they settled in Fayette County, Pennsylvania. Little is known of their mother. There supposedly were other older children of Captain James Booth, but little documentation can be found on them. When John went to Kentucky he married Sarah Kinder, the daughter of Peter Kinder and Dolly See. They finally settled in Jefferson County, Indiana where John applied for a pension for service in the Revolutionary War but was rejected. All of these documents along with the Court case back in Loudoun County, Virginia involving his grandfather, Robert Booth, gives us good genealogical material. As I make each following post I will be putting these documents on the blog for all Booth descendants to share.

Saturday, June 04, 2016

The Civil War Journal of John M. Laurie, Part 2

This is a continuation of John Laurie's Journal.

Near Chapmanville, May 3rd
Today we passed along the old route and are now near the scene of the first engagement our Regt. had with the Rebles Sept. 26th 1861. I hope we may be as successful on this expedition.

Logan Court House, May 4th
Our Brigade camped on an island in the Wyandotte River. This evening some of the boys found a dead Rebel Lieut. Half burried in the sand near the Ford. The citizens say that he was shot by our men while escaping across the river sometime last March. He had on a blue overcoat. One fellow took his revolver, another took his commission and about fifty dollar Reble script. Another robber of the dead, meaner than the others, took a ring off the dead man’s finger. I don’t mind the taking of the revolver, but I say God Damn the man that searches the dead. He is worse than the dogs and wolfes that eat them. We haven’t got a “hard tack” among us and will have to draw rations and forage before we leave.

Near Wyoming Court House, May 5th
Left Logan about noon after drawing rations and forage. We have had a very fatiguing march over mountains arriving here about 11 oclock tonight.

Foot of Indian Ridge, May 6th
The 5th and 7th Va. Cav. Left us at Wyoming C.H. to join the infantry under Genl. Crook. We are camped on Tug River. Some say this is Indian Ridge and others say the Backbone Mountains. We have been climbing mountains all day. Very hard on both men and horses. Arrived here about nine oclock this evening.

Abbs Valley, May 7th
Arrived here this afternoon. Surprised and captured the pickets without any alarm and succeeded in capturing a company of forty-five men and officers belonging to the 8th Reble Cavalry. This is the same place where we captured a company of Infantry when going to Wytheville with Toland. The roads that we came over today had been blockaded last July to keep us from retreating on them. The blockade had not been cut out yet. We went around them. It seems that we are again bound for Whytheville.

Near Jeffersonville, May 8th
We were in line of battle at daylight this morning expecting the Rebs to attack us. They were reported to be fifteen hundred strong and about five miles from us. While we were in line our old Chaplain preached a short sermon and had prayers. We left camp about six oclock and about ten oclock my Regt. Was dismounted and we began with the enemy. We drove them about three miles keeping up a desultory fire. We could do but little as we were skirmishing with Cavalry. And they would retreat after emptying their carbines and revolvers. Some wouldn’t take time to do even that. A squadron of the 2nd Va. Cav. Charged them at last and scattered them. My Regt. Had one killed and two wounded. I hear that the first Va. Cav. Had two killed wile on reconnaissance towards Jeffersonville, the County Seat of Fayewell County. We camped within three miles of the place.

Rocky Gap, May 9th
We left the vicinity of Jeffersonville last night about eleven oclock. Rode allnight and today on the Princeton Road. When about eight miles from the Cross Roads we captured a Reble train of five or six wagons, an Army Forge and traps. An old Darky showed our boys a cave where there was about two thousand dollars worth of Q.M. stores. We destroyed both train and stores. After getting to the Cross Roads, we took the road to the right and crossed East River Mountain. Cross Roads is the place where our Co. wagon was captured by the Rebs in May 1862. All of our knapsacks and Co. property was lost. We had some consolation by capturing the Staff wagons of the 51st Va. Reble Inf. Col. Pendleton lost all that he had in the way of traps. We are now camped on the Wytheville Road 30 miles from that place. The citizens say that Genl Crook’s Division of Infantry passed here yesterday evening and is now on the March for Dublin Station 20 miles from Wytheville on the railroad. I hear that a Lieut. And fifteen men belonging to the 14th Penn. Cav. Were captured while on picket last night. Also, that the enemy was in force at Jeffersonville where we left. Now it appears that the fastest wins the prize as it is as near to Wytheville this way as by way of Jeffersonville. Neither Averill or Duffie make as rapid movements as Jack Toland made.

On Guard at Ferry Over New River, May 11th
Well, we have got a thrashing. Thank the God of Battles that so many got away with their “Nappers” myself included in the lucky number. Now for a detail of what happened yesterday. Left Rocky Gap early yesterday morning. The first squadron of the 34th Reg. O.V.M. composed of Co’s E, F, and I having the advance for the first part of the day. In the afternoon we were relieved by a squadron of the 3rd Va. Cav. And our squadron was ordered to support them. We drove in the pickets at Wytheville about three oclock in the afternoon we followed them on the charge untill we run into a complete trap. The road was blockaded where it ran through a gap between two steep hills or mountains, the ridges forming an acute angle with the road. The tops or crests of the ridges were filled with the enemy and as we galloped round a sharp turn in the road. The Rebs pitched into us with a will. The foremost ranks of horses and men down at the first fire and those immediately behind falling on them completely blocked up the road. Added to this two pieces of artillery began sending in their compliments in shape of grape and cannister. Thank god they were very poor gunners.
(This ends Memorandum No. 1 in his Journal entries)

Monday, February 08, 2016

The Civil War Journal of John M. Laurie - Part 1

John M. Laurie an ordinary citizen that was put in extraordinary circumstances. He was born about 1839 in Pennsylvania. As with many of our immigrants from Ohio he arrived here in Brown County after the Civil War. John served in the Ohio Volunteers - Sept 28, 1861 to Oct. 12, 1864 Company F 34th Regiment of the Ohio Volunteers Infantry - Chapmanville, West Virginia. From his obituary it says that he served three years in the Civil War, marched with Sherman from Atlanta to the sea, and for a number of months endured horrors as a prisoner of war at Libby and Belle Isle. He was discharged at Columbus, Ohio.
After his service, he moved to Booneville, Missouri. John had a land-grant application for 40 acres in Booneville, Missouri dated 8 July 1885. Signed by Rutherford B. Hayes, President; William H. Crook, Secretary. He moved his family to Indiana about 1875 and resided at RR1, Mt. Liberty, Indiana near the Brown and Bartholomew county line.

John Laurie married Elizabeth Little in Missouri in 1867 and they had six children: Albert “Bert”, Maud, Frank, Clyde, Mary, and Annie. Some of you may remember Bert Laurie who was the animal caretaker at the Brown County State Park. Albert Laurie was the recipient of the following document written by his father. Known as “Bert” Laurie, he farmed and lived on Spearsville Road outside of Beanblossom for many years until his death in 1962.
The following document was given to his son, Paul, and after his death, since there are no children, his wife, Juanita M. (Pat) Laurie is in possession of the original document detailing a fascinating historical report about the Civil War and the engagements that John Laurie encountered. Since her father-in-law, Bert Laurie, was well-known in Brown County, she wanted to make a gift of this document to the Brown County Historical Society. Please note, the memoranda is copied verbatim (misspellings, etc.) as taken from the original hand-written copy. This is a transcription of his journal kept while on the march by John M. Laurie.


Camp Piatt, May 1, 1864
We left Camp Toland this morning about ten o’clock and arrived here about eight o’clock. Altho the distance between here and Charleston is but ten miles. Yet we, that is Duffies Brigade, had to be ferried over the river. A tedious operation lasting over four hours. Whiskey seems to be very plenty and not a few of the boys are mighty inebriated. We are in the first Brigade composed of the 2nd & 3rd Virginia Cavalry and 34th O.V., General Duffie commanding.

Peytona, May 2nd
Arrived here in good time. Had supper cooked before dark. I was one of a detail to remain at Piatt and get cartridges. The Q.M. wouldn’t let us have them. We got soaking wet while waiting for them. Then started to rejoin our Regt., and didn’t catch up untill well within two miles of this place. The Column didn’t leave Piatt untill late in the day and they rode fast to make up lost time. Rained last night, all day today and drizzling rain now. Very comfortable, it is.
Near Chapmanville, May 3rd
Today we passed along the old route and are now near the scene of the first engagement our Regt. had with the Rebles Sept. 26th 1861. I hope we may be as successful on this expedition.
(John M. Laurie’s journals go on for many more pages. More to come in later blogs.)

Thursday, February 19, 2015

Who Was Jeremiah Rushton?

George Rushton of Hamilton County, Indiana

The Rushtons that first came to Indiana all settled in the same area. These families all settled in Morgan and Hendricks County in the same time period with land patents from 1827 to 1837. All were usually right around the Morgan-Hamilton County line. In tracing back my third great grandfather, George Rushton, I first had to separate him from the other older George Rushton. This has been a process of over 10 years to get these two families separated and the job is not done yet. They all came from the same area in North Carolina, Randolph County, so that has made it even harder. A lot of researchers for a lack of good documentation have lumped these families all into one group – the family of William and Dorothy Rushton, but I believe there are at least 2 distinct family groups. The only problem that has not been resolved is the appearance of these two George Rushtons. My great grandfather, George and Sarah (Needham) Rushton eventually moved eastward to Hamilton County, Indiana.

In working on the older George Rushton who married Sarah Conner I came across a mysterious man, Jeremiah Rushton. He doesn't seem to fit in anyone's family tree on-line. He seems to have lived during the Revolutionary War and he is associated with these families in this same area. He doesn't show up in any census that I can find anywhere either.

A Jeremiah Rushton got a land grant in 1837 April 5 in Morgan County. In 1852 August 24 in a land transaction in Morgan County a group of people went together and sold land to Jourdan and Agnes (Rushton) Page and these sellers were: John & Priscilla Rushton of Hendricks County, George & Sarah Rushton, Joel Rushton, and Katherine Campbell all of Morgan County, from the Estate of Jeremiah Rushton. I think this shows a distinct family group who are all probably some kin of Jeremiah Rushton.

I have found references to a Jeremiah Rushton living during the Revolutionary War in New York and that he came to Indiana. From the Library of Congress website from the Journal of the House of Representatives of the United States, Volume 43, page 288 on Jan. 25, 1848 we find a reference to a Jeremiah Rushton. “By Mr. Richard W. Thompson: The memorial of Jeremiah Rushton, of Morgan County, in the State of Indiana, praying remuneration for moneys paid by him for government land, which had been entered previously.” Is this the same mysterious Jeremiah Rushton? It clearly states where and when he was living – in Morgan County, Indiana in 1848.

In another reference, the book “American Migrations 1765-1799” page 330 we find another reference to a Jeremiah Rushton. “Jeremiah Rushton Memorial – Cumberland 1786. He served with the Westchester Refugees from March 1781 until he left NY in 1783; he received no pay. Claim for two horses, clothing. Rejected. (13/26/429-430).

If this is the same Jeremiah Rushton this would give a reason as to why he was so mysterious. The Westchester Refugees were Loyalists and fought on the British side in the Revolution. They were considered criminals after the Revolution and their property was confiscated. Most left New York and went to Canada. Maybe this Loyalist decided to stay in the U.S., but was very mindful to avoid anything to do with the government until about 60 years later. Also some were known to have deserted from the British army.

In going back to tie him to this family going back through other researchers’ family pages I found a reference to a Campbell family bible. It names four of the above children: Agnes, Katherine, and Joel Rushton. Another that is named in it is a Jeremiah Rushton who is born in 1805. This one certainly wouldn’t be old enough to be the older Jeremiah Rushton from New York, but could he be a son? There certainly isn’t a Jeremiah Rushton mentioned in any census during this time either younger or older. Could this younger Jeremiah Rushton have got the land grant, died, and then not leaving a family left it to his siblings? (So many loose ends?) The naming conventions in the Rushton family have been very traditional in studying my own family line. What I hope to present with this query is more research on this Jeremiah Rushton. Is there more documentation out there somewhere that could help fill in these family lines. I also hope all those that have their family trees on-line will take a look at this and just not jump at the easiest thing to do. If you don’t have documentation of your family ancestry then please just don’t put up anything that easily, but mistakenly ties up a loose end for you.

Thursday, December 18, 2014

Dr. George P. Story of Story, Indiana

The Story Inn, formerly the Wheeler Store in Story, Indiana

Dr. Story was another one of our early doctors that settled in Brown County. He was born about 1809 in Pennsylvania and first settled in Ohio as a young man. He was first married to Catherine Shelenburger and they had their first and only child, David. After Catherine’s death while still in Ohio. Doc Story married a second time to Jane Morrison with whom he had two more sons, Enoch and George Story.

Dr. Story moved his family from Morgan County, Ohio to Van Buren Township, Brown County about 1851. In that year he got a land grant from the government for 173 acres and settled in what is now the village named after him, Story, Indiana. At the time he received his land grant the county was still considered mostly wild country although most of the Indians had left by this time. The description on his land patent read, “south of the Indian Boundary Line.” If you visit Story, Indiana there is a sign here that marks the area as being on the Ten O’Clock Line boundary.

Doc Story served the area as their physician for about thirty years. He was postmaster of a post office called Valley Hill from 1860 to 1879. This may have been what Story was called before it was named after him. The post office of Story was never officially named until 1882. His sons all married women from Brown County, but didn’t stay here long. His wife, Jane died in 1872 and is buried in the Christiansburg Cemetery. He then married a third time to a lady named Sandusky Percifield. By 1880 his sons had moved west from Brown County to Kansas and Missouri. Doc Story sold his land in 1882 to John Noblet. He then headed west himself. He is said to have moved to Dudleyville, Illinois. That is the last anyone from Brown County had ever heard from him.

His house still stands in the little village of Story just west of the Story Inn. The small community where he had lived and practiced medicine was called Storyville for many years, but had been shortened over the years to Story, Indiana. In the photo above you can see Dr. Story's house in the distance on the left of the photo.