Tuesday, December 31, 2019

Research - What's Not to Love?

Tracing Back the Blackshear Line, part 9

In my last post, I was lamenting the fact that I was unable to find the court records that I was looking for, as well as the fact that the case papers are most likely still sitting in the courthouse archives, but, since they are all the way in Texas, they might as well be lost.  It's times like that when research gets to be super frustrating.  But, do you know when else it is super frustrating?  When you think you have things all figured out, and then find some other document or piece of evidence that turns everything on its head.  Super.  Frustrating.

Take a look at this map:


Anderson County, Texas

The census record for 1860 tells us that our Blackshears lived in Beat 5, Plenitude postal district, Anderson County, Texas.  The 1850 (agricultural schedule) shows that Silas was farming in the same location.  I did a lot of research to find out where Plenitude was.  I read messages on message boards written by current historians in Anderson County.  I checked postal maps and cemetery data.  I found old newspaper articles saying Plenitude was eight miles north of Palestine.  I even discovered that Plenitude was a postal district, but also, maybe, an actual town or community.

I also thought I had my bases covered with the exact location of the Blackshear land.  I had the deed giving a description of where it was.  I had a handful of historic maps showing exactly where the "Heirs of Wm B. Harrison" land patent was.  I even looked up the original Harrison land patent and compared the description of the land to the maps!  (If anyone wants a copy, let me know.)

I thought I had covered my bases.  I knew exactly where the Silas Blackshear family was living.  Case closed, right?

Well, while going through the Anderson County District Court civil record books for the third time, double checking to make sure I didn't just somehow miss the Scarborough case records, I stumbled across an earlier case, from 1853, in which Silas Blackshear was suing one George Hanks (the uncle of J. S. Hanks, who signed as a surety for Silas' guardian bond and was a co-defendant in his two other lawsuits).

I had actually seen the case on an index to the minutes, and had found the civil minutes pages for it weeks ago:



Pretty much, the minutes just said that Silas Blackshear sued George Hanks, won the case, and was awarded $255 in damages.  Here are the minutes pages and a transcription if you want to take a look:



Blackshear vs Hanks
Civil Minutes
Book B pg 320



Blackshear vs Hanks
Civil Minutes
Book B pg 404



Blackshear vs Hanks
Civil Minutes
Book B pg 405



Blackshear vs Hanks
Civil Minutes
Transcription


Since these didn't really tell me anything, I promptly forgot about the case, well before I discovered that there were also civil records.  When I actually read the pages from the record book, I was super excited, because, you know, more pieces to the puzzle = a better picture of an ancestor's life.  We get some great new information from this one:



Blackshear vs Hanks
Civil Records
Book E pg 77




Blackshear vs Hanks
Civil Records
Book E pg 78




Blackshear vs Hanks
Civil Records
Book E pg 79




Blackshear vs Hanks
Civil Records
Book E pg 80




Blackshear vs Hanks
Civil Records
Book E pg 81




Blackshear vs Hanks
Civil Records
Book E pg 82




Blackshear vs Hanks
Civil Records
Book E pg 83




Blackshear vs Hanks
Civil Records
Book E pg 84




Blackshear vs Hanks
Civil Records
Transcription


I know, what a hassle trying to read this when you have to open so many pages!  I did that in case anyone wants to download the jpg images separately for their own records.  If you want the compiled pdf version, you can find it here, and it will be on the Blackshear page when I finally put that up.  (It's coming soon, I promise!)

The first time I read through these pages, there were a lot of words I couldn't decipher, so I just got a general idea of what was going on.  Apparently, Silas Blackshear had made an agreement with George Hanks, his son, George W. Hanks, and another man, W. R. Rogers on the 22nd of January 1852.  Any or all of those men were supposed to deliver 75 head of average cattle, worth a total value of $750, to Silas no later than the last day of March, 1853.  They were supposed to deliver the cattle to the Blackshear residence on Catfish Creek.  Apparently, 34 head of cattle were delivered to him in May of 1852, but he never received the rest.  Silas therefore sued for damages.  The funny thing is, he sued for the entire $750.  The jury only awarded him $255 dollars, though, which I'm guessing was the value of the cattle he never received.  (You should read through the whole records/transcription because it is actually kind of humorous.  The court minutes I put up first tell us that George Hanks appealed the case to the Texas Supreme Court, but neither the records nor the minutes tell what the outcome of that was, and I haven't found those documents online.)

So, there are several details here that help flesh out the picture of our ancestors' lives, but the big piece of new information is that Silas Blackshear was living and farming/ranching on Catfish Creek.

I decided to double check a map for the location of Catfish Creek, thinking it would be over there on the Neches River where Silas had that land that was auctioned off in 1860.  And that is when my joy at finding new pieces to the puzzle withered and died, and my research endeavor became more and more frustrating.

It turns out that Catfish Creek is nowhere near that piece of land.

I found the creek on Google maps, because hey, that's the easiest first step, right?  It turns out that Catfish Creek is a tributary of the Trinity River, which creates the western border of Anderson County.  Silas' land that was auctioned off was next to the Neches River, which creates the eastern border of the county.  Huh.



Okay.  There was no way to show you this and still show more of the map (you can use Tennessee Colony in the upper right corner as a reference point).  The red arrow shows the location of Catfish Creek according to Google Maps.  You can see that it is very, very wide.  It looks at least as wide as the river itself.  When you go to satellite view, it is only about half as wide, but still pretty substantial.  (There was actually a ferry for crossing it way back in the day.)

So I made a new map:



Now, I stuck a nice big X over this, so that nobody will copy it.  That is because, if you zoom in and in and in and in some more, it turns out that google finally sticks another label saying "Catfish Creek" way up at the very ends of the tributary, up north of Tennessee Colony!  That means that the family could have been living anywhere along the entire length of it, and my star marking a spot is absolutely no good.  On top of that, I checked all of the historic maps, and guess what they say?

The maps of the 1850's through 1870's show the wide part that is closer to the Trinity River (the only part you can actually see on the Google map above) as being called "Catfish Bayou."  They don't write in "Catfish Creek" until way up at the other end, on either side of the northern boundary of the county:


Anderson County, Texas
(northern portion)

This is a portion of a map from 1855.  (You can enlarge and view the original at the Portal to Texas History website.) The green arrow shows the northern boundary of Anderson County.  The dark blue arrows show the two rivers on the eastern and western boundaries.  The light blue is what Google maps calls Catfish Creek; but this map calls the southern portion Catfish Bayou, and does not put another label until it branches off into the medium blue section, which it has labeled as Catfish Creek.

(On a side note, this historic map shows the left-hand branch of Catfish Bayou as being called Otter Creek, but Google Maps shows a branch of Beaver Creek - the creek that branches off of Catfish Bayou near the bottom of this portion of the map - as being called Otter Creek.  What a headache trying to figure out where things were located in the past!  If I had a document saying someone lived on Otter Creek, and I didn't have the historic map, I would think it was in a totally different place!)

The little red box over on the right is the location of the land that Silas owned and lost in 1860.  So from looking at this map, it appears that the place where they were living in 1852-53 was about twelve miles north of Tennessee Colony.

So I made another map. (Sigh. This is actually like, version number eight!)


Anderson County, Texas
Silas Blackshear Family Residences

Well, those two locations are still nowhere near each other.  Where had I gone wrong?

I decided to go back and reread the documents again.  The court case above was very specific in saying that Silas Blackshear was living on Catfish Creek in 1852.   The deed giving the location of the Blackshear land that was sold at auction does not specifically say that the family was living on that tract of land, but the court case above strongly implies that he was not living on Catfish Creek by the fall of 1853 (it says "where petitioner then lived").

The family must have lived in two different locations during the ten or so years they were in Anderson County, then.  But I didn't find a record of him owning any land before the plot that he had in 1860.  Maybe he was just leasing or sharecropping or whatever during those early years in Texas.  But, both the 1850 census agricultural schedule and the 1860 regular census both say the family lived in the Plenitude postal district.

So were both areas part of the Plenitude postal district?  I couldn't find a single map anywhere showing either Plenitude or census beat 5.  I mentioned in my earlier post that the Plenitude postal district stretched from Montalba to the eastern border, but then I was wondering if it was actually most of the northern section of the county, all the way down to Tennessee Colony (I did find that town listed as being in beat 5 in a historic document online).

Hmmm.  I feel like more research is needed . . . . FIVE HOURS LATER . . . .

Okay, folks.  There is some very conflicting information on old post offices out there.  There is also a big mess of census records.

So, I went back and looked at an 1854 newspaper that I had come across before, advertising bids for all of the Texas postal routes.  It names six post offices in Anderson County, only four of which were north of Palestine (which is the county seat and sits exactly in the middle of the county): Kickapoo (in the very northeastern corner of the county), Plenitude, Bethel, and Tennessee Colony.  Both of the latter were closer to Catfish Creek than Plenitude.

Then I went back and looked through the 1860 census for Anderson County.  It shows twelve "beats," each named after a postal district.  I looked up each postal district and found that only five of the ones named had existed in 1850, the year the census had been taken.  Of those, only Kickapoo and Plenitude were north of Palestine.  But . . . the Plenitude post office was not even established until November of 1850, and the census was taken before that, in September.

I'm starting to think that the 1850 census agricultural schedule on Ancestry.com isn't really from 1850 at all - remember, there were no dates in the collection that supposedly spanned 1850 to 1880 and Ancestry just decided the documents were from 1850.

ONE HOUR LATER . . .

Okay.  So I went back to the census records and wrote down the names of all of the farmers who had at least medium-sized farms in Anderson County for both the 1850 and 1860 census records.  I did this because I assumed they were the most likely to be listed on the agricultural schedule.  (The 1850 records lumped all areas together, so I went through all 54 pages.  For the 1860 records, I only looked through the 24 pages in beat 5, Plenitude.)  Then, I compared those lists to the 1850 slave schedule and the alleged 1850 agricultural schedule from beat 5, Plenitude.  The names on the 1850 regular census and the 1850 slave schedule matched remarkably well, as they should have, since they were both dated 1850 at the top of the pages.  The names on the 1860 regular census and on the (undated) agricultural schedule in question were almost identical, even down to being in the exact same order.   They did not match up well at all with the names on the 1850 regular census or slave schedule.  On top of that, the undated records Ancestry is calling 1850 are divided into twelve beats, and there were only six (actually five when the census was taken, and one of those was only around for two years) postal districts in 1850!

What does that mean?  It means that we can throw my earlier conclusion that it was indeed the agricultural schedule from 1850 out the window.  I am now 100% certain that those records are from 1860.  (Why didn't I think of all this before, when I was writing my earlier post?!)

Which meeeeeeaaaaaans . . .  Silas Blackshear was NOT in fact farming in Anderson County, Texas in 1850.   (Do you see why you can't just blindly accept things people throw out there?  We can't even blindly accept what Ancestry puts up!)  I'm guessing he came with the whole family near the end of 1851, since the court case above is about a contract made on the 22nd of January, 1852.

Oh, and do you know what else I just thought of?  The Scarborough vs Blackshear case said that Silas had spent money to bring his two slaves into the state of Texas.  Which means it is very likely that he purchased them before moving to Texas, which means that he should have been listed on the 1850 slave schedule for Texas if he was farming there in that year.  Instead, he was listed on the 1850 slave schedule for Arkansas, owning just a female house slave.  (So yeah, the whole 1850 in Anderson County scenario is sounding more and more ridiculous.)

Really, an arrival in Anderson County after 1850 makes a whole lot more sense than if Silas were listed on the Arkansas census but farming in Texas during the same time.  I thought it would be great if I could find him on the 1850 agricultural schedule for Arkansas, because that seems like it would be a nice extra nail in the coffin of the idea that he was in two places during the same year.  I had looked and looked a few months ago and couldn't find those forms.  But guess what?  I actually found them today on FamilySearch.com (during those first five hours of research).  The cover page for the microfilm actually says it is the mortality schedule, but it isn't!  (I guess that's why I couldn't find it before!  Good thing I decided to check out the first page anyway, huh?)  Unfortunately, out of the two pages for Franklin Township, Union County, Arkansas, about 75% of the names were so washed out that they were completely illegible.

Of course they were.  That's research for you!

On a final note, here's an interesting fact that I just came across - according to his will, George Hanks also lived on Catfish Creek, and had 950 acres at the time of his death in 1859 (even after having divided up some of his property among five of his sons).  I'm guessing that, in 1852, Silas Blackshear was living and working on land owned by George Hanks, which would explain why he had moved by the fall of 1853 - you know, bad blood between them because of the whole lawsuit.

And since we are talking about where our family lived, here is another interesting bit of information:  It was easy to imagine Silas being born and living in a log cabin way back in the early 1800's in Georgia, but did you know that log cabins were the construction of choice for most farmers in east Texas until at leas the 1870's?  Here is a photo of the original log house belonging to J. S. Hanks in Anderson County:

Cabin of J. S. Hanks, Anderson County, Texas

It is very likely that our Blackshears lived in a similar cabin when they first arrived in Texas (although I would hope it would have been a bit larger considering the number of children they had!)  A cabin like this could have been raised in two days' time by two carpenters for about $20 (the price of three and a half head of average cattle in 1852!).  How do I know this?  I found a fascinating article about the old log cabins of Texas in an old issue of Texas Monthly magazine.  (You should definitely read it. You can find a copy here.)

And by the way, if you were paying attention, you'd have noticed that the dates on my new map are different from the ones on my previous version.  That's because I have spent more time thinking about all of the evidence I've gathered, and those are the dates I think we can be pretty sure of at this point.  There is a gap of about four years in the dates, because we don't know for sure where they lived during that time.  They could have been living on the land Silas would later purchase, or they could have lived someplace else in the interim. 

And speaking of purchasing land, remember how I couldn't find a deed for the actual purchase?  All I have is tax records and the sheriff's sale deed.  But guess what?  After finding this court case in the records books, I went back and looked for the other two cases (in which Silas and J. S. Hanks were co-defendants) in the records as well.  I found them, and they give evidence for the purchase of the land from the same man who is listed on the tax records as the original owner, so now I have the seller's name and might be able to find the deed that way!  If I get a chance to go look for it at a Family History Center in the next two weeks, I'll put those up in my next post.  If not, we'll move on to the mystery of what happened to the family after 1863 instead.  See you then!


                                                                                                                                            Therese



Monday, December 9, 2019

Another Day in Court:

Tracing Back the Blackshear Line, part 8


Well, I'll have to admit, stretching out the frequency with which I publish these posts is not working out too well for me.  I don't know about you, but I am finding it hard to remember what I wrote in the previous posts.  To top it all off, I have so much information that (I think?) I haven't even shared yet, that I am beginning to become thoroughly confused.  (So I apologize in advance in case you come across some redundancies, or I have accidentally left out something important so that something else doesn't really make sense!)

While looking through the probate records of Amelia Virginia's mother, Sophama Blackshear, we saw that her father Silas made mention of a civil case pending in the District Court.  Here is the index page showing that case:



You can see, nine cases down, case number 883 -  Silas Scarborough & Wife vs Blackshear S. M. Tebitha Sophama L. Seaborn Q.  A.V.  S. M. and H. M. and John and S. Rogers.

So, Frances Angelina and her husband, Silas Scarborough, were suing her father, her siblings, and her sister's husband, John Rogers.  Yikes.  If I remember correctly, the probate documents told us that the lawsuit involved the property that her mother left when she died.  So let's look at the records and see what kinds of specifics they can give us.

Now, I say records, but I really mean documents because, although I was able to find the probate case in both the Record Books and the Minute Books, I was only able to find this case in the Minutes.  I looked, and looked, and looked, and looked (I must have spent at least six hours looking) through the record books and never did find the case.  I do have the case number, so I suppose it is possible that the original case papers could be looked up in the Anderson County Courthouse archives, but alas, it's not really convenient for me to go over there and look for them.  Sigh.)

Anyway, hopefully the minutes will be able to shed a bit more light on the situation.


I went ahead and included the whole page here, since the date is on the top.  Also, I thought it was interesting that every single case on the page says the exact same thing:

"On notice of the Clerk and on notice to plaintiffs attorneys it is ordered by the Court that the plaintiff in this cause be required to give security for costs of suit within the time prescribed by law."

This is the first entry that I found in the minutes, and it is dated the Fall Term of 1858.  If you remember from the previous post, Silas Blackshear petitioned the court to appoint him as his children's guardian on October 5, 1858.  The probate documents implied that he did so because this suit had been brought against him and his children.  That means that Silas Scarborough must have filed the suit before October 5th, but probably still sometime during the fall term, which means no earlier than August or September.



This page is dated the 17th day, Friday.  The next page has an entry that says "Fall Term 1858" and "This 4th of November 1858."  I don't know if the 17th day referred to the day of the month (Sept. 17, 1858 was a Friday), in which case there was a gap of nearly two months from one page to the next, or if it referred to the 17th day of the Fall Term.  Either way, this was still within the first few months after the suit was filed.  The portion for our case says,

"On motion and by consent of the parties by their Attorneys It is ordered by the Court that this cause be continued until the next term of this Court."

Although this seems to be pretty non-interesting material, there is something that stood out to me:  it says that, at this point anyway, the case was being conducted via attorneys for both parties.



Okay, I must admit that I did not pay attention to making sure the date was notated when I downloaded this set of documents.  There is no date at the top of the page, but the case just above this implies that it is already past January of 1859.   I am going to guess, then, that this was the Sprinig Term of 1859, especially since the previous entry said it would be continued until the next term of court.  This one simply says,

"On motion of the plaintiffs by their attorneys be it ordered by the court that this cause be continued until the next term of this as an affidavit of the plaintiffs"

This doesn't really make any sense, but I guess it is saying that Silas and Frances Angelina Scarborough wanted the case to be continued.



You'll notice that these civil cases are on a schedule of Fall and Spring Terms, not monthly terms like the probate court.  This means that every time one of these cases was continued, it was dragging on for an additional six months!   Once again, the case was postponed:

"On motion and by the agreement of the parties by their Attorneys it is ordered by the Court that this Cause be continued until the next term of this Court."

I don't know what might have caused them to want to keep putting the case off.  In 1859, Silas Blackshear was ordered by the court to hire out the two slaves that had belonged to his wife.  (In the Spring Term document above, the case recorded before this one had the same order given to them, so that must have been common practice.)  Nothing else was happening in the probate case, so I can't imagine that would have been the reason to put things off.  Here is something interesting, though:  It appears that Frances Angelina and her husband had moved to Hood County, Texas by this point.  Not only does Silas Scarborough suddenly show no property on the Anderson County tax rolls for 1858, but he is not on the rolls in Anderson County at all for 1859 and onward.  There are no tax records online for Hood County until 1867, but the Scarborough family record page that I shared with you in my first Blackshear post  shows that Silas and Frances had a son born in Hood County in December of 1859.  I suppose this would explain why things were being conducted via their attorneys.



Finallly, something different!  This one is actually pretty interesting:

"In this Cause the death of Francis M Scarbrough (Wife of Silas Scarbrough) one of the plaintiffs in this Cause having been suggested to the Court  It is ordered by the Court that Sciri Facias issue in the terms of the law to her husband Silas Scarbrough as natural guardian of her minor Children to appear at the next term of this court and make himself . . ."

Obviously, this continues on another page:



". . . a party plaintiff as such to this cause and and that this cause be continued until the next term of this court."

We already knew from Sophama's probate documents that Frances Angelina died sometime prior to April 30, 1860.  We know from the Scarborough family page that she died some time on or after December 10, 1859 (the date given for the birth of her son).  I haven't been able to find when exactly the Spring Term began, but I'm thinking I've seen February on something or other, so maybe she had died by then.  Anyway, this mentions the legal term of "Sciri Facias," and I didn't know what that was (although I remember enough of my Latin to know that the second word means "face"), so I looked it up:

According to the State Bar of Texas website,
In Texas, in order to preserve a claim by or against a decedent or a decedent’s estate when the death of a party occurs during the proceedings, the first step following the death is normally to enter a suggestion of death on the record, notifying the trial court and other parties of the death.
Texas Rule of Civil Procedure 151 governs suits after the death of a plaintiff: If the plaintiff dies, the heirs, or the administrator or executor of such decedent may appear and upon suggestion of such death being entered of record in open court, may be made plaintiff, and the suit shall proceed in his or her name. If no such appearance and suggestion is made within a reasonable time after the death of the plaintiff, the clerk upon the application of defendant, his agent or attorney, shall issue a scire facias for the heirs or the administrator or executor of such decedent, requiring him or her to appear and prosecute such suit. After service of such scire facias, should such heir or administrator or executor fail to enter appearance within the time provided, the defendant may have the suit dismissed.
I guess this means that Silas Scarborough had to appear in court and be made the sole plaintiff.  I'll bet Silas Blackshear was really hoping that he didn't, so that way the case could have been dismissed.

Before we move on, I would just like to point out that, although this document says that Frances' middle initial was an "M," we have seen plenty of other times that her middle name was recorded as Angelina, confirming that this notation is in error.  (This is why it is so helpful to be able to find multiple documents for a person!)




Here we are again, six months later, and things were still dragging on:

"On motion of the defendants by their attorney It is ordered by the court that they have leave to file an amended [?] herein and on notice and by Consent of the Parties by their Attorneys It is ordered by the Court that this Cause be continued until the next term of this Court"

Unfortunately, I cannot figure out what that missing word is!  The defendants were going to file an amended something, but I can't for the life of me figure out what it would have been.  If anyone can actually read what it says, let me know!




Finally!  The judgement in the case!  This is long and not so easy to read in places, but I'll do my best (and once again, any other interpretations are welcome!)

First, you'll notice that the case was now being referred to as "Silas Scarborough, Guardian vs S M Blackshear et al."  So either we missed an entry in the minutes where he appeared and the whole scire facias thing took place, or it was done on this same day in court.

"Be it Remembered that on this day come on to be heard the above stated case before the Judge the parties mutually [waiving] a Jury are the said minor children in plaintiffs petition [?] appearing by A J Rainy guardian ad litum heretofore appointed and the Said defendants John Rogers and his wife Samantha Rogers failing to appear and answer judgement by [default] was [?] against them and . . . "

We are going to pause here for a minute.  There are no paragraphs (or even periods!) to give me logical places to stop and make comments, so I am going to have to just throw them in where they seem to fit best.  Okay.  Some of the words I can't decipher affect the understanding of the case and some do not.  If I am interpreting the handwriting correctly, it appears that both parties waived their right to a jury trial and so the judge ruled on the case himself.  Also, A. J. Rainy, who is shown on the 1860 census as having the occupation of lawyer, was "guardian ad litum" for the Scarborough children, which means he was appointed by the court to represent their interests in the case.  In addition, for some reason Samantha and her husband failed to appear.  I couldn't make out one of the words stating the consequence of this, but it sounds like judgement was pronounced against them by default for not showing up.

While I'm thinking about it, I wanted to mention the fact that Silas Scarborough was suing John and Samantha along with Silas Blackshear.  This implies to me that he believed (whether true or not) that they were somehow benefiting from the use of the slaves as well.  I say this, because it seems like he would have only named Samantha if he were just trying to cover all of Sophama's heirs.  Including her husband in the suit might mean that he felt he was being somehow wronged by him as well.

The entry continues:

". . . It appearing to the Court from the [?] that the Said Sophama Blackshear wife of the Said Silas Blackshear [had] [?] own right and as her Separate Property at the time of her death in 1857 . . . "

And this is where the chorus of angels sings and a light shines down from heaven, illuminating the Holy Grail . . .  You know that scene that is always in the movies?  That's how I felt when I read this and realized that I had finally discovered when Sophama Blackshear died.  Now, for those of you who could care less about genealogical research, you might not understand what a big deal this is.  (Unless of course, like me, you enjoy solving a good mystery - then you understand!)  Since there were no proper probate papers, there are no surviving headstones or cemetery records from Anderson County for burials this early, and, for some reason, there are no millenium files or family data collections for her floating around online, I was beginning to think that I would never have a definitive date to put on our family data sheet.  Of course, it could have been better and told me the month or even the day, but hey, I'll take what I can get.

Oh!  And by the way, this is just one more document showing her name as Sophama.

The minutes then go on to describe the property Sophama left behind:

". . . Two negro men the Same mentioned in Said petition John and [Pettice] worth each one thousand Dollars and one mule worth one hundred and twenty five Dollars  $2125  that the Hires of the Said negroes were of the value of two Hundred Dollars each per year and that the hire should be allowed from the commencement of suit 2 Sept 1858 to this date (two years) 7 1/2 months   $1030   Amount in hands of Silas Blackshear   $3175.00    It further appeared that Said Silas Blackshear had paid the sum of one Hundred dollars to bring said property to the State for which he is entitled to a credit $100.00  balance in Silas Blackshears hands   $3075.00  . . . "

We already knew that there were two slaves, and we already knew that the courts told Silas to hire them out for the year 1859.  We knew that there was a also a mule, and the values that the appraisers placed on the property.  What we didn't know, is that Silas Blackshear was able to hire out the slaves for $200 per year for each one.  I don't know how that really compares to total income back then, but if the slave was worth $1000, a person could make that investment back in just five years.  Also, the 1860 census showed that most farmers (not wealthy planters) reported a real estate value between just $200 to $700, which tells me that $200 per year was a pretty good profit.

We also learned from this that Silas Scarborough filed the suit on September 2, 1858 (so my guess was pretty good).  This also says that two years and seven and a half months had passed since then, putting the judgement at April of 1861.  The weird thing is, Silas Blackshear submitted his first annual exhibit in April of 1860, and the probate court ruled at that time that he could keep the slaves for his own use.  He presented his second annual exhibit in June of 1861, approximately two months after the judgement in the Scarborough suit, but he didn't make mention of the results of this case until his third annual exhibit in 1862.

The next portion reads:

". . . And it appearing that the Said Heirs of the Said Sophama were Eight as stated in Said petition and that the Said Francis Scarbrough have departid this life leaving four children her heirs and Entitled to their mothers Share of said funds  Be it therefore adjudged and decreed that one third of said Sum be [deductid] being the amount to which Silas Blackshear is entitled during his lifetime leaving to be divided $2050.00  to wit - 
To Silas Scarbrough for his four children Victoria Sarah John & Luella the Sum $256.25
To Samantha Rogers and her husband for her use    $265.25
To Tabitha Blackshear          $265.25
To Sophama L Blackshear    $265.25
To Cburn Q Blackshear        $265.25
To Amelia V Blackshear       $265.25
To Simon M Blackshear        $265.25
To Harrison M Blackshear   $265.25
$2050.00  . . . "

I think this is saying that Silas Blackshear was entitled to 1/3 of the property and the $2050 was the remaining 2/3 to be divided up between Sophama's children.  I think that Silas was going to have to pay this amount out to each of the heirs.  Of course, since most of his children were still minors, he wouldn't have had to pay out the whole amount, but he still might have needed to sell at least one of the slaves in order to do so.

(Hmmm. And I'm wondering if the clerk who wrote this was also the person who recorded the 1860 census for the family, since they have the same silly spelling for Seaborn's name.)

And then:

". . . It is further [ordered] and adjudged that unless the Silas Blackshear shall pay to the Said Silas Scarbrough for the use of the Said children the Said Sum of $256.25 and to the Said John Rogers and his Wife the Said Samantha Rogers for her use the Sum of $256.25 on or before the first day of the next term of this Court with interest [?] from this date then the Said negro Slaves shall be sold and the proceeds dividid [?]   It is further adjudged that the cost of this proceeding be charged to the respective parties according to the [?] of their respective portions the Said Silas Blackshear to pay one third of Said Cost and that all other matters stand open until the next term of this Court Except as to Cost for which let execution issue."

So, it looks like I understood things correctly.  They sure weren't giving Silas Blackshear much time to get together more than $500, though, were they?  (I have found some evidence hinting that one of the slaves might have eventually been sold - although that is something I can't really share until a later post - so maybe it was at this point that it happened.)

And then we have the next to last entry in the minutes:




Even though our case is only on the right hand side of this page, I put the whole, uncropped version up so you could see the date at the top of the left-hand page:  Fall Term 1865.  Woah.  That's a jump of about four and a half years.  And it just so happens to be the four and a half years in which the Civil War was taking place.  Very interesting . . .

I thought maybe that if Silas Scarborough was serving in the war, he wouldn't be around for court proceedings, so I did some research to see what he was up to during that time -  and I got a mixed bag of results.  The database of Texas Muster Rolls Index Cards on Ancestry.com shows that he enlisted in the Confederate Army in March of 1862 for a period of one year.  His Confederate Pension application states that he served in the army from February of 1863 until he was discharged in June of that same year.  Then there is a manuscript of abstracts of the Texas Indian War Pensions, which shows that he listed his service with the Texas Rangers as being from January of 1859 until November of 1863 (this application was apparently rejected).

Whichever dates are correct, none of them pushes past the end of 1863, which means that none of them explain why there would be a lapse until the end of 1865.  Was the county just in such disarray because of the war that court business wasn't being conducted?  After looking more closely at the probate papers, I noticed that by June of 1861 (four months after Texas seceded from the union) the sheriff seemed to be performing some duties of the clerk of the courts.  Maybe many of the court employees enlisted and left town.  I also noticed in the probate indexes that, during the 1860's, there was a sharp increase in guardianship cases, many of which had a guardian with a different surname than the children.  Maybe the District court was just that backlogged with cases related to the deaths of fathers who were confederate soldiers that everything else was set aside for later.

But the real question is, why was the case still being heard at all?  Why was it not closed?  Maybe Silas Blackshear never paid the money he owed.  He was supposed to have paid by the Fall Term of 1861.  Oh, but the last entry did say "all other matters stand open until the next term of this Court."  (See why I shouldn't write these posts over a three week time period?!)  Boy do I wish I had a copy of the case papers or was able to find this case in the record books.  Because now I am just about dying to know just what the other matters were.

Oh! But I didn't tell you what this entry said!  (That is the really interesting thing!)

It says, "In this Cause the death of the Plaintiff Silas Blackshear having been suggested to the Court.  It is ordered by the Court that Sciri facias issue to his representatives when known and this cause be continued until the next term of this Court."  

This says that the plaintiff had died, but it also clearly says that Silas Blackshear is the person who was deceased.  Silas Blackshear was actually one of the defendants, but I did come across several other cases in the minutes in which it is very clear that the clerk had gotten the defendent and plaintiff reversed.  So I am taking this to mean that Silas Blackshear had died by the Fall Term of 1865.  I am wondering who exactly reported this to the court, however, since it also states that his "representative" was at that time unknown.   (If you remember from my last post, the probate case jumped in time from 1864 until 1867, with the courts not being able to locate Silas Blackshear, and then finally dismissing the case in 1868.)

I do have some other evidence that corroborates a death for Silas Blackshear by this point in time, but it has to wait until the post where I talk about what happened to the family after 1863.

And then we have the last entry in the minutes:




Here we have the next term of court, and this is what the minutes say:  "In this cause the death of the Plaintiffs having been suggested.  It is ordered by the Court that this cause abate and that each party Plaintiffs and Defendants pay all cost by them in this cause respectfully accrued for which Execution may issue."

So, the case was being dropped.  And why was is being dropped?  Because the "Plaintiffs" had died.  Notice that it says Plaintiffs with an s.  Plural.  At least two people.  Well, the only actual plaintiff left after the death of Frances Angelina way back in 1860 or so, was Silas Scarborough.  Singular.  (Did you notice that the s on the end of Defendants was crossed out?)  And, he didn't die until after 1917.  So this can't be referring to him.  It must be another mistake, and be referring to Silas Blackshear and . . . whom?  The only other defendants were Samantha, her husband John, and the children.  None of the minor children had died by this point (they all have plenty of records in the years to come).  John Rogers would live until 1907.  That leaves Samantha.  Although I have no proof of her death or burial, I do have a marriage record showing that Tabitha Melvina Blackshear had married John Rogers in January of 1865.  Which would only have been possible if Samantha were deceased.  So, I think it is pretty obvious that the case was dismissed due to the deaths of Silas and Samantha Blackshear.

So, even though we are left with some unknowns (no surprise there!), we did get more information regarding the deaths of both of Amelia Virginia's parents, as well as proof that the John Rogers that Tabitha Melvina married was most likely the same John Rogers that had been married to Samantha.  On the surface, those sound like just some genealogical data, but they actually help fill out the family's story.

And one more thing:  I came across this photo on the Portal to Texas History and thought it would be interesting to share - this is the Anderson County court house during the years these cases were being heard.  (Oh, and also when Silas' property was auctioned off.)  So now you can picture where it all went down!


Anderson County Courthouse 
(2nd Courthouse - ca. 1860-1885)


And by the way, I am going to try to start putting up the compiled documents on the Blackshear page in a couple of days now.  (I still haven't finished editing, compiling, and uploading the documents for W. C. Cheatham yet!)  Maybe if I do one or two a week, I'll manage to get everything up by the time I move on to a different branch of the family!  The page isn't up yet, but I'll let you know when it is, and there will be a link in the left-hand menu titled Primary Source Documents.

                                                                                                                                            Therese