assault with a deadly weapon

State vs. Lee Simms.

In the summer of 1913, justice of the peace Elias G. Barnes issued an arrest warrant for Lee Simms for assault with a deadly weapon against his wife Mary Simms.

Barnes took this testimony in support of the charge:

State vs. Lee Simms  }   Before Elias G. Barnes J.P.

Mary Simms, witness for the State, being sworn says: I am Lee Simms’ wife. On Sunday the 15th day of June 1913, in the morning I asked Lee to cut some stove-wood for me. He got his gun and tried to shoot me, but my daughter and myself got hold of the gun and prevented his shooting me. While we were strugling for the gun, Lee fired it off, but it did not hit any one.

Maggie Simms, being duly sworn says: Mother asked pappa to cut her some stove-wood. He said he would stop her from following him. He went into a room, and got his gun. I took hold of his gun. We went into the yard. Mother helped me, and we kept him from shooting her. While we were scuffling over the gun, father fired it off, but it did not hit any one.

W.M. Michener [Mitchner], being sworn, says: I was passing Lee Simms’ on Sunday morning, and saw him, his wife, and daughter in the yard, they seemed to be scuffling over something. His wife asked me to come and help her. I thought they were playing. While I while I [sic] was noticing a gun fired.

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On 12 August 1887, Lee Simms 23, and Mary Harriss, 16, were married in Wilson County. Disciples minister P.E. Hines performed the ceremony in the presence of Joe Patterson, Martha Winstead, and Addie Blount.

In the 1900 census of Wilson, Wilson County: brickmason Lee Simes, 35; wife Marry, 29, washing; daughters Bessie, 13, tobacco stemmer, and Maggie, 9.

In the 1910 census of Wilson, Wilson County: on Saratoga Road, Lee Sims, 44; wife Mary, 40, laundress; and daughter Maggie, 18.

In the 1912 Hill’s Wilson, N.C., city directory: Simms Lee (c) bricklyr h south of Nash nr Carroll

In the 1916 Hill’s Wilson, N.C., city directory: Simms Lee (c) bricklyr h 813 E Nash

In the 1920 Hill’s Wilson, N.C., city directory: Simms Lee (c) bricklyr h 648 Wainwright

In the 1920 census of Wilson, Wilson County: at 648 Wainwright Street, Lee Simms, 56; wife Mary, 47; daughter Maggie Williams, 25; and son-in-law Sam Williams, 26.

In the 1928 Hill’s Wilson, N.C., city directory: Simms Lee (c; Mary) brklyr h 410 Hadley

In the 1930 census of Wilson, Wilson County: at 410 Hadley Street, owned and valued at $1300, Lee Simms, 66, building bricklayer; wife Mary L., 60, laundress; and adopted son Clarence Williams, 6.

In the 1940 census of Wilson, Wilson County: ay 205 South Vick, widow Mary Simms, 70; daughter Bessie Woodard, 52, tobacco factory laborer; son-in-law Luther Woodard, 53, oil mill laborer; and grandson Clarence Woodard, 16; daughter Maggie Sharpe, 45; and son-in-law Van Sharpe, 45.

Criminal Action Papers, 1913, Wilson County Records, North Carolina State Archives.

State vs. Daniel Sharp Jr.

In August 1911, a justice of the peace charged Daniel Sharp Jr. with assault with a deadly weapon for an alleged attack upon Louis Hagans. The charge was based on eyewitness testimony by Rufus Edmundson and Charlie Dawes. Per Edmundson, Sharp shot a pistol at Hagans at New Hope Church. (This, presumably, was New Hope Missionary Baptist Church, located then as now on N.C. Highway 58 just north of Wilson.)

  • Daniel Sharp Jr.
  • Louis Hagans — there were several Louis (or Lewis) Hagans in Wilson County around this time, and it’s not clear which this was.
  • Rufus Edmundson
  • Charlie Dawes

Criminal Action Papers, 1911, Wilson County Records, North Carolina State Archives.

He said he would shoot her head off.

On 21 August 1911, Martha Atkinson pressed charges against her husband, Dock Atkinson, for assault with a deadly weapon. She and her daughters testified in support of the arrest warrant:

Martha Atkinson being sworn says: That the defendant drew a double barrel shot gun on her at her house on Sunday night Aug 19th & swore that he would shoot her head off. That she ran out of the house & hid under the house until she thought her husband had gone to sleep, then she went out in the cotton patch & stayed until 3 o’clock, & from there to the house of another woman in the neighborhood, & that she has not been back home since, & is afraid to go.

Daisy Atkinson corroborates her mother almost verbatim.

Rosa Atkinson says that her father took the gun from the rack & pointed it at her mother & said he would blow her brains out.

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In the 1870 census of Selma township, Johnston County, North Carolina: farmer Louis Atkinson, 60; wife Rose, 50; and children Jimmima, 20, Raiford, 17, Henrietta, 15, Allen, 10, Hardy, 8, Dock, 6, and Cook, 2.

In the 1870 census of Cokey township, Edgecombe County, North Carolina: Vinous Bullock, 50; Mike Bullock, 60, farmer; [Mike’s wife?] Gatsey, 50; Alexander, 29; his wife Hannah, 23; and their children Martha, 4, Charley, 2, and General Grant, 5 months.

In the 1880 census of Upper Town Creek township, Edgecombe County: laborer Alex Bullock, 30; wife Hannah, 34; and children Martha, 14, Charlie, 13, Gen’l Grant, 8, George, 7, Puss, 7, Mary, 5, Nannie, 3, and Orren, 4 months.

On 20 September 1884, Blount Powell, 21, married Martha Bullock, 19, in Edgecombe County.

Dock Atkinson, 26, of Stantonsburg, son of Louie and Rosa Atkinson, married Martha Powell, 20, daughter of Alex Bullock, in Stantonsburg township, on 9 December 1897. Daniel Ellis applied for the application.

In the 1900 census of Stantonsburg township, Wilson County: farmer Dock Atkinson, 35; wife Martha, 32; daughters-in-law [stepdaughters] Mary E., 14, Martha, 13, and Daisey Powell, 11; daughter Rosella Atkinson, 4; son Lewy Atkinson, 6 months; and cousin Jollie Bullock, 24.

In the 1910 census of Stantonsburg township, Wilson County: Dock Atkinson, no age given; wife Martha, no age given; and children Daisey, 17, Rosetta, 14, Louie, 10, Ida, 7, Alexander, 5, and William A., 4.

Lewis Atkinson died 25 July 1919 in Wilson township, Wilson County. Per his death certificate, he was born 28 October 1899 in Wilson County to Dock Atkinson and Martha Bullock; was single; and worked as a tenant farmer.

Martha Adkison died 29 October 1932 in Wilson County. Per her death certificate, she was born February 1866 in Edgecombe County, N.C., to Alex Bullock and Hannah Bennett; and was a widow.

Martha Farmer died 1 December 1965 in Wilson County. Per her death certificate, she was born 5 July 1889 in Edgecombe County to Blount Powell and Martha Bullock.

Criminal Action Papers, 1911, Wilson County Records, North Carolina State Archives.