Court Actions

Simpson and Earp judge some White Caps.

In which a mistrial is called for jury tampering, and two black men, William Simpson and Sidney Earp, are selected for the new trial of two White Caps accused of terrorizing their white neighbors over a road dispute.

No. 38 State vs Pharaoh Rowe, Ephraim Bass et als.  }  Order

In the above entitled cause the indictment alleged conspiracy between Defendant & other parties to tear down a fence of one Leora F. Lucas, also to burn tobacco barns of said Lucas, and also charged the overt act. The jury was empaneled on Monday afternoon and evidence was introduced tending to show that a secret organization known as “White Caps” existed in certain parts of said County for unlawful purposes and that one or more of defendants belonged to the same and that said white caps had torn down the fence and attempted to burn barns of said Leora F. Lucas: Court adjourned at six o’clock P.M.

On Tuesday morning the solicitor for the State asked that the jury be allowed to retire a few moments and they repaired to their room. The solicitor then stated that information had come to him that one Coleman a juror was a member of the white cap organization. The state then introduced evidence that said Coleman was frequently seen in conference with Defendants just before the trial, and that he went with Defendants to office of counsel. It was admitted that juror did go to atty’s office but did not go in to the conference but remained out on the porch.

The Court thereupon withdrew a juror and ordered a mistrial.   A. W. Graham, Judge presiding.

No. 38 State vs Pharaoh Rowe, Ephraim Bass et als.  }  Order

In this action it appearing to the court that there are two defendants and the regular jury being exhausted, and the sheriff having announced that nearly all bystanders in the Court House were either kin to defendants by blood or marriage or were witnesses in the cause, it is therefore ordered that the Sheriff of Wilson County summon from the body of said County 170 citizens being men of good moral character and freeholders as a special venire to appear forthwith from which a jury shall be drawn to try this cause. Sheriff shall take them from that part of said County as far remote from the scene of the alleged burning.  A. W. Graham, Judge presiding.

And from the said special venire he following jury were drawn and sworn as a jury to try this cause:

Joshua Haynes, W.S. Williamson, J.C. Morris, G.P. Bryant, Haywood Winstead, Wm. Simpson, col., E.C. Winstead, Sidney Earp, col., J.L. Batts, W.T. Pittman, C.L. Brown & A.T. Stott.

Pending the trial of this cause the Court takes a recess till tomorrow morning at 9 o’clock.

A. W. Graham
Judge presiding

Here’s the back story:

Wilson Times, 12 June 1896.

The case finally went to trial in November 1896 and, after all the evidence was introduced, the defendants pleaded guilty to conspiracy and nolo contendere to the rest of the charges. Per a 15 November 1896 News and Observer article, judgment was suspended upon payment of costs, estimated at more than $1200. While “very heavy punishment” due to defendants’ poverty, the punishment was generally viewed as “charitable and merciful.” (Especially, perhaps, for Rowe, who got gut-shot for his antics.)

Two months later, Rowe and his compatriots were back in court to answer for more White Cap vigilante hooliganism and, as we’ve seen, four black men sat in judgments of those crimes.

Wilson County, N.C., Superior Court Dockets 1886-1897, http://www.familysearch.org.

Bynum accidentally shoots son.

Wilson Daily Times, 5 August 1924.

Wilson Daily Times, 3 September 1924.

Though John Wesley Bynum‘s death certificate describes his father John H. Bynum as “drunken,” the elder Bynum was not charged in the boy’s accidental death.

In the 1900 census of Saratoga township, Wilson County: farmer Gray Bynum, 41; wife Hagar, 41; and children Rose, 17, John, 15, Martha, 9, Gray, 7, and Isaac, 12.

In the 1910 census of Gardners township, Wilson County: farmer John H. Bynum, 25; wife Carry, 20; daughter Queen E., 5; mother Cherry, 52; and sisters Cora, 18, and Leeoner, 15.

In the 1920 census of Saratoga township, Wilson County: farmer John Bynum, 35; wife Carrie, 29; children Rosetta, 6, and John, 4; and nephew and nieces Isaac, 7, and Jeneva Bynum, 4, and Susan Bridges, 19; laborer Bruce Daniel, 19, and niece Susie Ward, 15.

In the 1940 census of Saratoga township, Wilson County: on Fountain Road, farm laborer John H. Bynum, 55; wife Carrie, 44; children Johnnie Jr., 15, Carrie, 8, and Beatrice, 5; mother Hagar Best, 87; nephew John W. Baker, 8; and cousin Ruth Farmer, 23. [John Jr. was born shortly after John Wesley’s death.]

John Wesley Bynum, known as “Snap.”

Snap Bynum’s photo courtesy of Ancestry.com user tashiaj1.

The hire of Walter Mitchell.

Convict leasing never took hold in Wilson County the way it did in the deeper South (or even western North Carolina), but it nevertheless was a system of forced penal labor available to those who wanted and could afford to take advantage of it.

Below, in November 1896, Paul Lee Woodard and William Woodard Jr. agreed to pay the Wilson County Commissioners six dollars per month to lease Walter Mitchell, “a prisoner in the County Jail,” for one year. If Mitchell failed to “do his duty,” he could be returned to county custody. The arrangement meant (1) the county was relieved of the expense of feeding and otherwise looking after Mitchell for a year, and (2) the Woodards gained cheap labor that they could work hard and completely control. As for Mitchell, he was possibly spared roadwork under harsh conditions, but was also removed from what nominal protections were afforded by being under the county’s “care.” Either way, he received no pay for his labor.

Hire of Prisoner (1896), Miscellaneous Records, Wilson County Records, North Carolina State Archives, Raleigh.

An inquest into the shooting death of five year-old John Mercer.

In 1908, when an eight-year-old boy shot and killed another young boy, a Wilson County coroner’s jury recommended that he be bound to someone (for supervision and work) rather than charged with murder.

State of North Carolina, Wilson County }

We, the undersigned Coroner’s Jury, find that the deceased, Jno. Mercer, came to his death by a pistol shot in the hands of Nathaniel James (or Smith). The jury is of the opinion, however, that Nathaniel James should be bound out to some reliable person, and we recommend that the Clerk of the Court bind him out at once. The child not being old enough know the enormity of the crime, is the reason why we recommend the above.

/s/ J.F. Nadal, William Walls, E.L. Daughtridge, E.G. Barnes, J.A. Cutchins, J.C. Winstead Jurors, Henry B. Best, Coroner of County

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North Carolina, Wilson County }

The examination of Caroline Mercer, Mattie Pool, Mary Harriss, and Erdora James, taken before the undersigned, coroner of the county, this 25th day of May, 1908, near the house of Caroline mercer, upon the body Jno. Mercer then and there lying dead, to wit:

Caroline Mercer, being duly sworn, says: Jno. Mercer is my son and is five years old. El Nollia Smith and Dellzell Smith were out here playing, and I saw Nathaniel Smith come up with a gun in his hand, and he fired it. He was two feet from Jno. Mercer when he fired gun. Didn’t speak after he was shot. Nathaniel Smith is between nine and ten years old. My son’s back was to me and Nathaniel’s face was to me. My house is thirty yards from where shooting occurred. Is not in habit of playing with my children. Hasn’t had any fuss before. Boy wasn’t excited after he shot Jno. Didn’t run away. Doesn’t work any where. Don’t know where pistol is now, nor where he got it. Walked right up and shot him, Didn’t shoot butane. My children were playing and he came up and shot. Didn’t see pistol until he fired. He is considered a boy of good sense. He lives with his grandmother, mother being dead. He is a fussy boy, but never has had any trouble with my children before. May 25th, 1908.  Caroline (X) Mercer

Mattie Pool, being duly sworn, says: Looked out window from my house, thirty feet from where shooting occurred, and saw Nathaniel when he shot boy. Never heard boy who did shooting say anything. He ran away when he shot. Jno. Screamed when he got shot. Nathaniel was about three or four feet from Jno. when he shot. I got to Jno. first. Never spoke at all. Nathaniel is about eight years old. He, Nathaniel, is always running up and down street trying to pick a fuss with other children. Never has had any fuss with Caroline Mercer’s children. Was attended by Drs. Dickerson & [Frank S.] Hargrove, and died about half hour after being shot. Didn’t see pistol after he shot boy. I think he shot Jno. Mercer intentionally.  May 25th, 1908. Mattie (X) Pool

Mary Harriss, being duly sworn, says: I was talking to Mrs. Mercer and looked around and saw him falling. Looked around because I heard pistol fire. Never heard any fuss or talking before the accident. Saw Caroline’s children before. Never saw pistol after firing, nor boy that did shooting. Nathaniel is considered a bad boy by the neighbors. May 25th 1908. Mary (X) Harriss

Erdora James, being duly sworn, says: Nathaniel stays with grandmother. Pistol is kept in top bureau drawer of my aunt’s. Would know pistol if I saw it again. Heard pistol shoot, and ran out. Saw Mattie Pool & Lillie Taylor standing where accident occurred. My brother was eight years old, going on nine. Never heard him make any threats. Never saw brother before policeman got him. He stays all over streets in day time. Is wild and bad to manage. May 25th 1908    Erdora (X) James

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  • Caroline Mercer and son John Mercer

In the 1910 census of Wilson township, Wilson County: on Stantonsburg Street, oil mill laborer Meadie Mercer, 35; wife Caroline, 29; and children Octavos, 8, and Mae, 2.

  • Mattie Pool

In the 1920 census of Wilson township, Wilson County: James Poole, 50; wife Mattie, 45; and boarder Mozella McCann, 22, tobacco factory laborers.

  • Mary Harriss
  • Nathaniel James and sister Erdora James

In the 1900 census of Wilson township, Wilson County: Florence James, 30, tobacco stemmery day laborer; children Earty, 6, and Nathaniel, 2; and boarder Israel Whitaker, 25, day laborer.

  • El Nolia and Delzell Smith
  • Lillie Taylor

Coroner’s Inquest (1908), Miscellaneous Records, Wilson County Records, North Carolina State Archives.

The apprenticeship of Lutory Fields (1896).

On 4 July 1896, Clerk of Superior Court J.D. Bardin apprenticed Loutoria Fields, age 6 years, 3 months, to George W. Fields until she was 18 years old.

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Lutory Fields was George Washington Fields‘ granddaughter. Her mother Jane Fields likely died shortly before this indenture. Here we see an example of apprenticeship as a form of intrafamily adoption.

In the 1880 census of Cross Roads township, Wilson County: farmer Washington Fields, 30; wife Julia, 35; and children Renda, 12, Penninah, 11, Jane, 9, Christany, 8, London, 6, William, 5, and twins Isaac and Jacob, 3.

In the 1900 census of Cross Roads township, Wilson County: farmer Washington Fields, 60; wife Julia, 53; daughters Chrischanie, 25, Amanda, 15, and Lutory, 10; grandson Peter, 10; and granddaughters Julia, 5, and Lillie, 7 months.

On 9 November 1905, John H. Battle, 20, of Cross Roads township, married Lutora Fields, 18, of Cross Roads, in Lucama, Wilson County.

In the 1910 census of Cross Roads township, Wilson County: farmer  John H. Battle, 28; wife Loutorie, 24; and son Johnie L., 2.

In the 1920 census of Cross Roads township, Wilson County: farmer John H. Battle, 39; wife Lutoria, 30; and children John L., 16, Lenetta, 7, Bessie L., 5, Mary L., 3, Rosa, 2, Thurman, 1, and Armetta, 1 month.

In the 1930 census of Cross Roads township, Wilson County: farmer John H. Battle, 49; wife Leutoria, 40; and children Johnie L., 21, Nettie, 19, Bessie L., 16, Mary L., 15, Roosevelt, 14, Armettie, 11, Alphnza, 8, Estelle, 7, Augustus, 4, and Harvey L., 2.

Imettie Battle died 18 September 1933 in Goldsboro, Wayne County, N.C. Per her death certificate, she was 12 years 0ld; was born in Wilson County to John Battle and Lutora Fields; was a school girl; and lived in Wilson County. She had suffered a skull fracture after being struck by a car.

In the 1940 census of Cross Roads township, Wilson County: farmer John Battle, 59; wife Lutory, 50; children Estelle, 17, Augustus, 15, Harvey, 13, Luberta, 8, and Alberta, 7; son-in-law Leondus Speight, 26, and granddaughter Katherine Speight, 4.

In the 1950 census of Cross Roads township, Wilson County: farmer John H. Battle, 70; wife Lulorie, 60; and children Agustus, 25, Harvey L., 22, Lubortha, 18, and Aberta, 16.

John Hardy Battle died 9 March 1962 at Mercy Hospital, Wilson. Per his death certificate, he was born 8 July 1878 in Wilson County to Haywood Battle and Eliza Battle; lived near Lucama; worked in farming; was married to Lutory Battle; and was buried in Mary Grove cemetery.

Lutory Battle died 22 April 1964 in Lucama, Wilson County. Per her death certificate, she was born 12 February 1890 in Wilson County to Wilbert [last name unknown] and Janie Field; was married to John Hardy Battle; and was buried in Mary Grove Cemetery.

Apprentice 1896, Miscellaneous Records, Wilson County Records, North Carolina State Archives.

The apprenticeship of James William, Mary Ellen, Minerva S., and Laura Anderson (1895).

On 3 December 1895, Clerk of Superior Court J.D. Bardin apprenticed James William Anderson, age 4 years, 2 months, and 4 days; Mary Ellen Anderson, age 2 years and 7 days; Minerva S. Anderson, age 7 years, 7 months, and 11 days; and Laura Anderson, age 6 years, 6 months, and 4 days, to Redmon Barnes until they were 18 years old.

I have not found the Anderson children in other records. Redmond Barnes perhaps was this man.

Apprentice 1895, Miscellaneous Records, Wilson County Records, North Carolina State Archives.

Convicting White Caps.

As late as 1897, black men could still sit on Wilson County juries hearing cases charges brought against white men.

In State vs. Pharaoh Rowe, James Montgomery, J.V. Lamm, and John Bone, the jury included James J. Jones, Louis Townsend, Lee Moore, and Scott Johnson.

On 9 February 1897, the jury found the defendants guilty. They were White Caps, members of extralegal vigilante groups that targeted not only black people, but white people who flouted moral standards or otherwise defied the group norms.  Just months before this trial, Pharoah Rowe had been shot in the stomach when a band of his confederates sought to tear down the fence of a white Lucama man’s fence who had opposed a road project.

Wilson Advance, 11 February 1897.

In June 1896, a man who had been initiated into the White Caps by defendant James Montgomery testified that he had been told the group “was a good thing for the country, in that it saved expenses by attending to those who made themselves obnoxious to the community” and that “their signs were a peculiar whistling and the passing of the hand across the face.”

Montgomery’s good word notwithstanding, these vigilantes were looked down upon by Wilson County’s white elite, and the White Cap era seems to have been short-lived.

Haywood Sauls and wife Betsey Sauls vs. Atlantic Coast Line Railroad Company.

In May 1911, Betsey Sauls took the extraordinary step of suing Atlantic Coast Line Railroad Company for serious injuries she suffered at Black Creek depot. The law firm of James H. Pou and William A. Finch, well-known in the state for their high-profile civil and criminal litigation, filed on her behalf (and her husband Haywood Sauls‘, as was required by law for married women at the time.)

In a nutshell, on 3 May 1909, Betsey Sauls bought a train ticket to travel from Wilson to Black Creek. The train overshot the depot at Black Creek, but announced “All off for Black Creek!” as usual. As Sauls attempted to disembark, she fell from the train and was injured.

Pou and Finch asserted that by stopping beyond the usual location, Sauls was forced to step down from an excessive height and near a side track with sharp, exposed sills (the long, heavy timbers used as a foundation for crossties.) As Sauls stepped down, the train suddenly began to move backward, throwing Sauls to the ground.

Pou and Finch further asserted that A.C.L.R.R. had failed to provide a stepstool customarily provided for older passengers faced with a higher-than-usual descent.

Sauls was 65 to 70 years old, was “corpulent,” and not used to train travel. The knee injuries she sustained were serious, painful, and — she believed — permanent. She had difficulty walking and sleeping, could not work, and was forced to use a stick or crutch. She also had back and hip pain.

Sauls was now “an invalid and sufferer” of both physical and mental anguish. She could not visit family, friends, or church and had incurred considerable expense for medical treatment.

Sauls sought $5000 in damages.

In a brief, spare decision, the judge G.S. Ferguson awarded Sauls $500 (roughly $17,000 in 2026 dollars.)

Civil Action Papers, Wilson County (N.C.) Court Records (1909), http://www.familysearch.org.