1806 Harrison W. Goyne of Jefferson Co, AL

Harrison W. Goyne b. 1806 and died July 4, 1849 married to Elizabeth Charlotte Riley 1806 (daughter of Joseph Riley)

Harrison W. Goyne died on July 4, 1849.  One source says he died in Hays County, Texas, another source indicates Harrison W. Goyne died in 1849 at Lockhart, Western Texas in Caldwell County.

Parents:

John Goyne Sr b. abt 1760 and Nancy Goyne (unk maiden name)

Children:

Elbridge H Goyne 1833–
Ellen Goyne 1836–

Siblings:

Sally Rebecca Goyne 1805–
Harrison W. Goyne 1806–1849
John R. Goyne 1809–1870
Andrew C. Goyne 1811–1854
Erasmus C. Goyne 1815–1936
William James Goyne 1819–1910

FACTS:

Harrison W. Goyne was born in 1806 likely in Georgia.  He was the firstborn son of John Goyne b. 1760, and his wife Nancy.   He was the oldest brother of the siblings – he had one older sister, Sally Rebecca Goyne who was married to Dempsey Jordan.

Harrison W. Goyne was married November 8, 1823 to Mrs. Elizabeth Riley Crawford, widow of Samuel Crawford and daughter of Joseph Riley, according to Jefferson County Marriage Book 1. His father was his security. The will of Joseph Riley written June 7, 1826 bequeathed “my negro girl, Mary and $50 to Harrison W. Goyne for my daughter, Eliza­beth Goyne,” according to Jefferson County will records.  Elizabeth had married Samuel Crawford Sept 20, 1821 – he must have died shortly after.  Elizabeth Riley married one more time, to a John A. Snell on Oct 29, 1851, after Harrison W. Goyne’s death in July 4, 1849

By 1827, Harrison W. Goyne was already working as the circuit clerk in Jefferson County, AL – when he took in B. E. Grace as his assistant in Elyton, AL.  Harrison W. Goyne was a state senator in Alabama in the 1820s-1830s. He was also the Jefferson County Court Clerk (an elected position that dealt with land transactions, etc.) beginning around 1827 at the age of 21. He appears to have learned about real estate from this job, because he and his family acquired quite a bit of real estate while he was working in this capacity.

1827 May 23 – The President and Directors of the Bank of the State of Alabama v. Dempsey Jorden, John Goyne, and Harrison W. Goyne, 1827-101 482 1827101_0244

1828 Jan 27 – The President and Directors of the Bank of the State of Alabama v. Dempsey Jorden, John Goyne, Harrison W Goyne, defts. 1827-102 257 1827102_0142

The following documents in 1827 and 1829 are samples of Harrison W. Goyne signing as circuit clerk for transactions done in Jefferson County, AL.

1828 May 17 – The President and Directors of the Bank of the State of Alabama v. John Goyne and Harrison W. Goyne. debt and damages amounts. 1826-105 239 and 239b 1826105_0273

1829 Oct term. Goyne, H W 1829-107 5b 1829107_0023

The 1830 US Census in Jefferson County, AL shows Harrison W Goyne as the head of household.
Free White Persons – Males – 20 thru 29: 1
Free White Persons – Females – Under 5: 1
Free White Persons – Females – 5 thru 9: 1
Free White Persons – Females – 20 thru 29: 1
Slaves – Males – 10 thru 23: 2
Slaves – Females – Under 10: 1
Slaves – Females – 24 thru 35: 1
Free White Persons – Under 20: 2
Free White Persons – 20 thru 49: 2
Total Free White Persons: 4
Total Slaves: 4
Total – All Persons (Free White, Slaves, Free Colored): 8

August 14, 1830, Harrison W. Goyne is appointed as guardian of John McElroy Jr’s estate when his father John McElroy Sr dies intestate.  His older brother Randolph L. McElroy reports the father’s death to the court.  The widow is Nancy McElroy.  Eliza McElroy is another daughter of the decd who has married a Robert Turner on Jan 10, 1828.  John McElroy Jr must have been a minor, and the court appointed Harrison W. Goyne as guardian of his interest in his deceased father’s estate.

Harrison W. Goyne was a member of the Alabama State Legislature in 1831, and then was elected to the Alabama State Senate in 1836 and 1837.

Harrison W. Goyne was involved in multiple transactions in Jefferson County, AL.  Many are recorded in the “Deeds – Wills – Administrations of Jefferson County, Alabama”.

DEEDS – WILLS – ADMINISTRATIONS
OF
JEFFERSON COUNTY, ALABAMA

BOOK 2
Vol. V 1833 – 1837 Page 221 – 289
Vol. VI 1836 – 1839 Page 290 – 378
Vol. VII 1839 – 1840 Page 379 – 467
Vol. VII 1840 – 1844 Page 468 – 1844

Birmingham Public Library
Birmingham, Alabama
Works Progress Administration
1937

1831 May 13 – The President and Directors of the Bank of the State of Alabama v. John Byars, Jonathan Steel, Harrison W. Goyne, and David Killough. 1832-101 22-23. 1832101_0019

1832 Feb 25 – The President and Directors of the Bank of the State of Alabama v. John Byars, Jonathan Steel, Harrison W. Goyne, and David Killough. 1831-103 200-202 1831103_0117

In January 1830 and September 1832, Harrison W. Goyne acted as a Justice of the Peace as indicated in the warranty deeds below:  

WARRANTY DEED Page 19 & 20
THOMAS MITCHELL and wife ELIZABETH to WILLIAM WADE, both of Jeff. Co. Ala. $522. 160 acres being W ½ of SW ¼ Sec. 7 Tp. 17 R. 2W and W ½ of Burford and Wm. Starnes land, NE. of the land of the said William Wade. Dated Feb. 8th 1833. Ack. separately, before B. E. Grace, Clk. C.C. Thomas Mitchell and wife, Elizabeth, Aug. 5, 1833. Filed Aug. 5, recorded Aug. 7, 1833. B. E. Grace, Clk. C.C. Dated Jan. 18, 1830. Ack. Sig. of David Allen, Geo. P. and Isaac Killough before H.W. Goyne, Clk. C.C. Jan. 18, 1830 separate Ack. of David and wife Louisa before H.W. Goyne, Clk. C.C. Jan. 8, 1830. Separate Ack. of Isaac and wife Louisa before H.W. Goyne, Clk. C.C. Jan. 20, 1830. Filed Oct. 23. Recorded Oct. 24, 1833.

WARRANTY DEED Page 7
NINEAN TANNEHILL to WALTER TAWRY, both of Jeff. Co. Ala. $250. 80 acres being E1/2 of NW1/4, Sec. 34 Tp. 19, R. 4W . Relinquishment of dower acknowledged by Mary Tannehill, wife of Ninean before John B. Ayres and H. W. Goyne, Justices of the Peace. Sept. 15, 1832. Ack. Before H. W. Goyne & John B. Ayres, Justices of the Peace Sept. 15, 1832. Filed March 1833; recorded April 23, 1833. B. E. Grace, Clk. of C.C.

On October 7, 1833 Harrison W. Goyne acquired a lot adjacent to the north side of the Court House in Elyton, Jefferson County, Alabama, conveyed to him by John Cantley and his wife Mary E. 

WARRANTY DEED Page 55
JOHN CANTLEY and wife MARY E. to HARRISON W. GOYNE all of Jeff. Co. Ala. $500. 1 lot in Elyton on east side of public square or broad street N. of a certain street called Franklin St. which lot is included in the following boundaries beginning at E. side of public square on Broad St. at a point in right line with the N. side of the court house, running thence at right angles with the said public square or Broad St. along the N. side of Franklin St. sixty one feet & 6 inches, thence at right angles with the last named St. and parallel with the said Broad St. or public square, thence 39 ft. 4 ½ inches, thence parallel with said Franklin St. 61 ft. & 6 inches to the public square or Broad St. 39 ft. 4 ½ inches to the place of beginning Wit. Benjamin Townsend Dated Oct. 7, 1833 Ack. separately John Cantley and wife Mary E. before B.E. Grace Clk. C.C. Dec. 5, 1833 Filed Dec. 5, recorded Dec. 13, 1833 B.E. Grace Clk. C.C.

On January 6, 1834, Walker Baylor conveys two slaves to Harrison W. Goyne and John Cantley – the slaves names are Old and Caty his wife – about 50 yrs old.  

CHATTLE MORTGAGE Page 78 & 79
WLKER K. BAYLOR to JOHN CANTLEY & HARRISON W. GOYNE, all of Jeff. Co. Ala. Premises & $1.00 2 negro slaves named Walker about 50 yrs. Old & Caty, his wife, about 50 yrs. old. Whereas Baylor has obtained a writ of supersideas to stay an execution in the favor of McGregor and Darling for the sum of $180. and whereas John Cantley & Harrison W. Goyne have become securities on his bond in the penal sum of $361. and Baylor being desirous to indemnify said securities, executes above chattel mortgage. Dated Jan. 4, 1834, Ack before B.E. Grace, Clk. C.C. Jan 6, 1834. Filed Jan. 6, recorded Jan. 28, 1834. B.E. Grace, Clk. C.C.

On January 28, 1834, Harrison W. Goyne acquires 2 mares, 2 cows, 2 calfs, 11 hog sows, and other various items for a planter/farming from William D. Satterwhite.  

CHATTEL MORTGAGE Page 83 & 84
WILLIAM D. (X) SATTERWHITE to HARRISON W. GOYNE both of Jeff. Co. Ala. Premises 1 brown mare, about 4 yrs. old, 15 hands high, one sorrel mare about 4 yrs., 12 or 14 hands high, 2 white cows, about 4 & 7 yrs. old with their calves both red & white, one a yearling, the other about 2 mos. old, and also 11 head of hogs sows, two barrows and 6 pigs, 1 side board, two tables, one made of walnut, the other pine, also 2 axes, 3 plow irons, 2 pair of geer and a crop of cotton supposed to amt. to about 5000 pounds. in the seed, 3111 lbs. of which have been delivered at Washington Burford’s gin. Whereas said Harrison W. Goyne has become security for said Satterwhite in two bonds to secure the payment of two judgments in favor of Armstead Murphy in the sum of $ 93.51 and another judgment in favor of Hezekiah Jackson in the sum of $30. and said Wm. Satterwhite is indebted to H.W. Goyne in the sum of $30. and being willing to secure said Goyne executes this mortgage. Wit. J. Cantley. Dated Jan. 7, 1834. Affidavit of J. Cantley a subscribing witness to signature of William D. Satterwhite (x) grantor Jan. 28, 1834, before B.E. Grace Clk. C.C. Filed Jan. 28, recorded Feb. 7, 1834, B.E> Grace, Clk. C.C.

March 24, 1835 H. W. Goyne witnesses a transaction between Hiram Burks to John Hill. 

CHATTEL MORTGAGE Page 235&236
HIRAM BURKS to JOHN HILL both of Jeff. Co. Ala. $115. Two feather beds and furniture, one cow and calf and one small brown horse. Whereas said Burks is indebted to said Hill in the above sum, and being willing to secure the payment thereof executes this mortgage. Wit: H.W. Goyne. Dated Mar. 14, 1835. Ack. before B.E. Grace, Clk. C.C. Mar 14, 1835. Filed Mar. 14, recorded Mar. 25, 1835, B.E. Grace, Clk. Co. Ct.

On May 5, 1835 Harrison W. Goyne conveys the deed to a lot in Elyton, Jefferson County, AL to John Camp.

DEED Page 269&270
HARRISON W. GOYNE to JOHN CAMP, both of Jeff. Co. Ala. $400. A lot in Elyton on the east side of the public square or Broad St. and N of Franklin St. bounded as follows: Beginning at east side of Public Square or Broad St. running thence at right angle to said Public Square or Broad St. along the north side of said Franklin St. 61 /2 ft. thence at right angles with Franklin St. and parallel with said Broad St. or Public Square 39 ft. 4 ½ in thence parallel to said Franklin St. 61 ½ ft. to Public Square or Broad St. thence with Public Square or Broad St. 39 ft. 4 ½ in. to the beginning. Ack. before B.E. Grace, Clk. C.C. May 5, 1835. Filed May 5, recorded May 15, 1835. B.E. Grace, C.C.

On November 9, 1835 Harrison W. Goyne and Moses Kelly, Jr acquire 159.50 acres from Obed Childress.  

WARRANTY DEED Page 365&366
OBED CHILDRESS to MOSES KELLY, JR. and HARRISON W. GOYNE all of Jeff. Co. Ala. $600. 159.50 acres being the NE ¼ of sec. 12, Tp. 16, R. 5W Dated Nov. 9, 1835, ack. before B.E. Grace, Clk. Co. Ct. Nov. 9, 1835. Filed Nov. 9, recorded Nov. 25, 1835. B.E. Grace, Clk. Co. Ct.

On Dec 7, 1835, Celia Childress, wife of Obed Childress releases her dower rights to Harrison W. Goyne in relation to the November 9, 1835 conveyance.  

DEED Page 162
It is hereby Certified that Celia Childress, wife of Obed Childress, personally appeared before us, and on a private examination, apart from her husband, acknowledged that she relinquished her right of dower to the NE ¼ of Sec 12, in TP 16 of R 5W to W.H. Goyne and Moses Kelley without any fear threats or Compulsion of t her said husband. Given under our hands and seals this 7th day December 1835. Levi Childress and j. Bagley, Justice of the Peace. Filed and recorded Jan. 15, 1838. B.E. Grace, Clk. Co. Ct.

In 1835 John Riley’s estate distributes to Harrison W Goyne on behalf of Harrison W. Goyne’s wife, Charlotte (Elizabeth Charlotte Riley Goyne).

1835 John Riley estate distrib to Harrison W Goyne

It appears that Harrison W. Goyne may have traveled to Texas in 1835-1836 to fight for the independence of Texas in their Revolution.  “Harrison Goyne” filed a Revolutionary claim with the Republic of Texas Secretary of State following the nation wresting independence from Mexico.  The account was audited by James B. Johnson, according to a compilation prepared by the Texas State Library & Archives, Voucher No. 60, Microfilm Reel 52, Frame No. 310.

In 1836, Harrison W. Goyne acts as an Alabama State Senator.

Harrison W. Goyne receives a land grant in Jefferson County, AL in 1836.

The plat map below shows the land grant Harrison W. Goyne received in 1836.

In 1836, Harrison W. Goyne and his brother Andrew C. Goyne are soldiers involved in the Indian Removal Act of 1836 – also known as the “Trail of Tears”.   In 1892, Thomas M. Owen wrote an article about the soldiers from Jefferson County who went on the Indian Removal of 1836.   Accounts of Harrison W. Goyne, and his brother Andrew C. Goyne were included in the article.

Jefferson Soldiers of 1836
Who Braved the Indians in the Old Days
Valuable Historical Sketch, Containing Many Familiar Names

Written to The Birmingham Age-Herald by Thomas M. Owen
Printed in columns 1 & 2, Page 7, February 17, 1892.
To the Age-Herald:

It is now almost fifty-six years, over half a century, since in the spring of 1836, Jefferson County equipped and sent out a brave and gallant company of mounted infantry to assist in protecting the inhabitants of east and southeast Alabama from Indian Savages and depredations. 

In the swift transit of the years its members have all gone to their last resting places, save one; and though brave in word and deed, loving their country and fighting for its protection, history contains no record of them, save in the following paragraph, which appears in a short sketch of Jefferson County, by B. E. Grace, Sr., one of Jefferson County’s oldest and most honored citizens, vis:
“About the year 1836 great excitement was caused in Jefferson County in consequence of the hostile attitude of the Seminole and Creek Indians, especially the latter. The treaty which had recently been concluded between the general Government and Indians, for their removal to the west, caused a great dissatisfaction among a large portion of them, and several murders were committed between Montgomery and Columbus, Ga., and other outrages, which finally resulted in a state of war. The Governor made a call for volunteers, and Jefferson County, as usual in such cases, responded promptly, and a company of near one hundred men was soon raised, and James McAdory was elected captain. I forgot the names of the other officers, or I should gladly give them, as they were a gallant set of boys and spent a hot summer in the sickly climate, at that time, of South Alabama, serving faithfully till the object of the campaign was accomplished and the hostile Creeks were captured and sent via Montgomery and Mobile by water to their new homes. The captain and most of his men returned, but several contracted disease which finally proved fatal.” The only survivor referred to above is Mr. John Thompson, a farmer living in Shade’s Valley, a few miles southeast of Bessemer, through whose and many facts and incidents concerning this company are rescued from perishing.
Elyton was the county site, and the center of public spirit and intelligence as well, of Jefferson County; and when the call for volunteers was received, immediate steps were taken to call together those willing to enlist and lend assistance. The call was distributed and the meeting to consider it was held at the county court house about April 1, 1836, when, after perfection arrangements and election officers, all returned home to make ready for again assembling in Elyton preparatory for leaving. The next week found a large number of men assembled, each one mounted on his own horse, ready for the march. No one, not even the officers wore a uniform; but almost every one wore a wool hat, linsey shirt and a suit of substantial homespun jeans. They remained one night in Elyton, a part lodged in the old Mallory Tavern, and a part were  scattered around the hospital homes of Colonel John Martin, Williamson Hawkins and others. Just before leaving, Captain McAdory marched his company up to the home of Mr. James Mudd, when Miss Mary Mudd, on behalf of the citizens ofElyton, presented his command with a beautiful flag.

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The captain accepted in a few words; and soon afterwards they road away, leaving and hearts behind them but followed by a good wishes and earnest prayers. Their route led along the old Montevallo road until the town of Montevallo was reached, when they were joined by their surgeon, Dr. Mardis (brother of S. W. Mardis, at one time member of congress), and where they camped the first night. Each man carried his own rations, which had been prepared for him by loving hands before setting out from home. Leaving
Montevallo, they went direct to Montgomery, camping out one night, where they were received by the authorities and assigned to duty. Here they were given arms and ammunition, and in a few days were on a rapid march for the Creek country. 

Their service in the war was short, for the war itselfwsa of short duration, being only three months, the term for which they had enlisted. The character of the service was in no respect different from that of ordinary frontier service; and there is no record of any particular acts of heroism accredited to this company or its members. But they were in several brief engagements, underwent without complaint, several forced marches, and several of its members were commended as skilled and brave in the execution of special duty assigned them.  

The  company lost none of its members by death, but unused to the sultry sun of the southern part of the state, in many were planted the germs of fatal disease that made itself felt years afterward. They received as a reward for their services, the sum of ten dollars per month and their food. At or near  Montgomery they were mustered out of service, and in staggling bodies, returned home, having tasted the glories of war and found it more dreadful than inviting.

No record has been found anywhere of a roster of this company, but by the aid of Mr. Thompson a partial list has been prepared (his memory recalling no other names than these), showing their calling and their places of residence or settlement, together with the names of the officers as follows:

Captain James McAdory – planter  – Jonesboro
First Lieutenant Harrison W. Goyne – speculator – Elyton
Second Lieutenant Lemuel G. McMillion – teacher – Elyton
First Sergeant Walter W. Sherror – merchant – Elyton
Sergeant Riley Pierce – farmer – Stoney Lonesome
Sergeant Jacob Bagley – farmer – Elyton
Surgeon Dr. Mardis Montevallo
William Abernathy – farmer – Jonesboro
Thomas Allender – farmer – Shade’s Valley
Milton Barksdale – farmer – Jonesboro
Benjamin Baggett – saddler – Elyton
Nathan Byars – farmer – Shades Mountain
Wiley Byars – farmer – Shade’s Mountain
William Brown – farmer – Bethlehem
Abner Clayton – farmer – Clayton’s Cove
John Clayton – farmer – Clayton’s Cove
Avery Couch – farmer – Warrior Hills

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Benjamin Couch – farmer – Warrior Hills
Mathew DeJarnette – farmer – Elyton
Stephen Dupey – planter – Elyton
Henry Gill – stage driver – Elyton
Moat Gill – farmer – Elyton
Downs Green – farmer – Warrior Hills
Andrew Gayne (Goyne) – farmer – Stoney Lonesome
Moses Kelley – farmer – Elyton
James P. Lacey – farmer – Elyton
James Logan – farmer – Carrollsville
William Mcfalls – farmer – Jonesboro
John McLaughlin – farmer – Jonesboro
Samuel Nabors – planter – Carrollsville
John Nellum – planter – Shade’s Valley
Daniel O’Bar – farmer – Cahaba Valley
James Pierce – farmer – Stoney Lonesome
James Rice – farmer – Shade’s Valley
John Salter – farmer – Warrior Hills
Ahner Saunders – farmer – Carrollsville
Washington Scott – farmer – Carrollsville
Nathaniel Self – farmer – Clayton’s Cove
Thomas Sparks – farmer – Shade’s Valley
Edward Strange – farmer – Cahaba Valley
William Tarrant – public man – Jonesboro
John Thompson – farmer – Jonesboro
Dock Ware – farmer – Carrollsville
Thomas J. Wright – merchant – Elyton

This list, imperfect and incomplete as it is, contains the names of many men, then leading and prominent in every department of life and business in the country, and whose descendants today live here, honored by all and high in social and public life. 

There was great enthusiasm manifested among all classes of citizens over the prospect of getting to assist in fighting the Indians. Dr. Joseph R Smith says he remembers  distinctively the mustering in of the company, and how ardently burned the fires of patriotism in the breasts of the sons of Jefferson. In it were many mischievous characters – men who loved a good joke, could tell one and who were ready at all times to play every sort of prank. The first sergeant, Walter W. Sherror, was a splendid accountant and scribe, and an expert draughtsman of legal papers. It is said of him that while the company was in Montgomery at the end of its service, waiting to get “paid oft”, he astonished the whole department by the marvelous rapidity with which he could dispatch business, and it was largely through his assistance that the company received its pay at an early hour. Mr. Abner Saunders was not a volunteer, but a substitute for Mr. John Smith, the latter being anxious to aid his country, bnt unable, owing to the size of his family and the  importunities of his friends, to go, hired and sent Mr. Saunders in his stead. Mr. B. E. Grace says that Thomas J. Wright purchased the horse upon which he rode from him, and for express use in

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this service. But, apart from all of this, who were these men, what of prominence did they achieve and what became of them?

Of these Harrison W. Goyne, 1836, and Moses Kelley, 1843, 1847, 1851 and 1853,  represented Jefferson County with credit and honor in the State senate, Mr. Goyne, 1831, Mr. Kelley 1836 and Lemuel G. McMillion, for several years, set for Jefferson County in the House of Representatives; Mr. Kelly was twice sheriff; Mr. Goyne and Jacob Bagley were clerks of the county court; Mr. Bagley was judge of probate, 1850-56 and Mr. Kelly, 1856-62; besides almost every one at some time or other ofhis life had held the position of justice of the peace or commissioner ofroads and revenue. Mr. McMillion, in addition, was a colonel in the Creek war under General Jackson; while in service under Captain McAdory was transferred and became a Major in the regiment commanded by Colonel Frazier, and he subsequently became a General of militia. Captain McAdory subsequently became a Colonel of militia. 

The Clayton’s were the sons of Charles C. Clayton, who came to the county at an early day and gave his name to the beautiful little vale in which he settled – Clayton’s cove; Thomas Sparks is remembered in the name of Spark’s gap, his farm lying just beyond; and Self’s beat is the community which was first settled by the family of Nathaniel Self. 

After the return home, the Pierce brothers, James and Riley; the Goyne brothers Harrison and Andrew, nicknamed “Cull”; Walter Sherror, Matt DeJarnette, Dawns Green, James Lacey, John Nellum, Daniel O’Bar, Washington Scott and Edward Strange all moved away, some to adjoining counties, some to adjoining states and some to the far west. What became of Milton Barksdale and Benjamin Baggett is not known. 

The only living member of this command, John Thompson, was born February 25, 1818, and hence will soon be in his seventy fourth year. His grandfather, Joe Thompson, came to Jefferson County in the very early days, about 1817, along with the McLaughlins, the Hawkins, the Nabors and the Jones. Mr. Thompson’s father did not reach Jefferson County until about 1833, coming from Clarksville, Tenn., on the Cumberland river, to Nashville, thence to Huntsville, and thence by the way of the old Huntsville road to Jones Valley, where he settled on the eastern valley road, between the homes of Thomas McAdory and Thomas Owen, just below New Jonesboro. Mr. Thompson is still hale, and hopes to live years.
The remainder of the company lived and died in this county, and many of thedescendants see in the homes of their fathers.

Thomas M. Owen

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The following service record shows Harrison W. Goyne as a Lieut. in McAdory’s Co., 4 Ala. Mtd. Vols.  (McMillion’s 1 Batt’n) during the Creek War.   Harrison W. Goyne and Andrew C. Goyne went on the Indian Removal of 1836-1838 (Trail of Tears).  It appears that Harrison W. Goyne moved to Texas in 1839 – with his family.

On April 25, 1837, Harrison W. Goyne conveys 17 slaves to Thomas M. Adkins to help cover several debts he has incurred.  

DEED OF TRUST Page 52-53
HARRISON W. GOYNE to Thomas M. Adkins, Trustee. Premises & $5.00 The following personal property: 17 negro slaves, named Randol, man about 35 yrs. of age, Archer, man about 25 yrs. of age, Squire, a boy about 13 yrs. of age, Jim a boy about ten, Maria a woman about 24, Melvina, a girl about 9, Kitty, a child about 1 yr. old, Rachael, a woman about 25, Milsy, a girl about 4, Sam, a child about 18 months old, Nancy, a woman 21, Henry, a boy about 3, Burrell, a child about 1 yr. old, Lucinda, a woman about 20, Mary, a girl about 14, Angelina, a girl about 14, & Frederick, a boy about 3, also 1 bay stud horse, 1 brown mule, 1 sorrell horse, 1 bay horse, 1 bay mare, 1 sorrell stud colt, 1 roan filly, about 30 head of cattle & 40 head of hogs. Whereas, H.W. Goyne is indebted to William A. Scott in the sum of $4200.00 and whereas said Wm. A. Scott is further liable on said Goyne’s account as indorser on a bill of exchange for $2000.00 said bill being drawn by said Goyne on Lee & Langdon of Mobile payable at branch of the Bank of Ala. at Mobile, dated Dec. 14, 1836. Whereas said Goyne is also indebted to Williamson Hawkins by note of $1080.00 there abouts & also to David Prude by note for $500.00 or there abouts & whereas said Goyne is desirous to protect his security, Wm. S. Scott & to secure him & his other creditors, he executes this deed of Trust. Dated Apr. 7, 1837. Wit: Thomas J. Wright. Sig: H.W. Goyne, Thomas M. Adkins & W. A. Scott, proved by Thomas J. Wright a subscribing witness, before B.E. Grace. Clk. Co. Court. Dated Apr. 25, 1837. Filed & recorded Apr. 25, 1837. B.E. Grace, Clk. C.C.

H. W. Goyne is noted in a deed of trust filed on June 9, 1837 where Edward L. Sandifer conveys 8 slaves to B. E. Grace to cover several debts he has, some appear to be debts owed to H. W. Goyne.  

DEED OF TRUST Page 72-73
EDWARD L. SANDIFER to B.E. Grace, Trustee, both of Jeff. Co., Ala. Premises, the following negro slaves, Alford, about 28 yrs. old, Sam, about 30 yrs., Susan, about 30, Louis, about 12, Tom, about 8, Harriet, about 4, Charity, about 3 and Oliver, about 2. Whereas, the said Edward L. Sandifer is indebted to Wm. Hawkins in the sum of $1500 as evidenced by note, with H.W. Goyne indorser, and another note of $70.00 payable to John Martin, held by H.W. Goyne. The said Edward L. Sandifer being further liable to the said HW. Goyne, as indorser on two notes on Lowry Sandifer, one for $100.00, another $1600, also security of said Sandifer to a note for $90.00 Payable to Geo. M. Chambers, whereas Jason Addington & William G. Linthicum are securities of the said Sandifer in the sum of $100.00, discounted by the bank of the State of Ala. Edward L. Sandifer being willing to secure payment of said notes, executes this deed of trust. Wit: L. G. McMillion, June 9, 1837. Joint ack. of B.E. Grace, H.W. Goyne, Wm. G. Linthicum and Jason Addington before Hugh Morrow, Clk. Cir. C. June 9, 1837. Filed June 9, recorded June 12, 1837, B.E. Grace, Clk. C.C.

On Feb. 10, 1838 H. W. Goyne witnesses a chattel mortgage between J. Hirma Cox to John F. Forrest.  

CHATTEL MORTGAGE Page 187
J. HIRAM COX to John F. Forrest, both of Jeff. Co. Ala. $25.00. 1 sorrel horse about 12 years old. Whereas Cox is indebted to Forrest in the sum of $25.00 as evidenced by two notes, this being the purchase price of the above mention horse. Now Cox being willing to secure the payment of said notes executes this chattel mortgage. Wit: H.W. Goyne. Dated Feb. 3, 1838. Sig. Hiram Cox, grantor proved by H.W. Goyne, a subscribing witness before B.E. Grace, Clk. Co. Ct. Feb. 10, 1838. Filed Feb. 10, and recorded Feb. 12, 1838. B.E. Grace, Clk. Co. Ct.

On January 2, 1838 H. W. Goyne and Moses Kelly convey 160 acres to Willis W. Bagley.  

WARRANTY DEED Page 283
H.W. GOYNE & Moses Kelly to Willis W. Bagley, all of Jeff. Co., Ala. $924. 160 acres being the NE ¼ of Sec ½, TP 16, R 5W. Dated Jan. 2, 1838. Ack. before B.E. Grace, Clk. Co. Ct. Jan. 23, 1838. Filed Jan. 23, recorded May 29, 1838. B.E. Grace, Clk. Co. Ct.

In 1838 several Goyne family members and those associated with them along with many others in the Jefferson County, AL area are named for their accounts and judgments during the dissolution of the copartnership of Montgomery and Earnest.

EXECUTION COPARTNERSHIP DISSOLUTION
Pages 353-354-355-356-357-358-259-260-261-362-363
ROBERT B. MONTGOMERY & William S. Earnest to John Camp, Trustee, all of Jeff. Co. Ala. $20. Whereas said Montgomery & Earnest have been Co-partners in the mercantile business in Elyton, Jeff. Co., Ala. under the firm name of Earnest & Montgomery. Copartnership having been dissolved & they being willing to pay & satisfy all just demands incurred by them in their copartnership & to save harmless such persons as are their securities or have become bound as principal for their benefit, convey to John Camp, trustee, all accounts & empower him to collect & give acquittances, the following notes, accounts & judgements as follows:

ACCOUNTS AGAINST: William Hawkins $27.12 ½; David Hanby $.75; Estate of Audley Hamilton $24.25; Thomas J. Scott $306, Andrew Barton $3.25; Thomas A. Walker $2.43 ¾; Josiah Cowden $75.81 ½; James Stovall $9.62 ½; Richard Carlisle $3.87 ½; Isaac Taylor $.37 ½; Lewis Nabours $47.62 ½; William Statum $.87 ½; Benjamin Crum $6.00; Washington Ware $7.50; Wily Dickinson $68.87 ½; Jacob Beam $2.56 ¼; George Pierce $14; Emily Reavis $5.25; Simpson Robinson $13.43 ¾; Moses Carlisle $1.18 43/4; Rev. William Taylor $40.50; Adam E. Kennedy $10.87 ½; Zachariah Potter $8.00; William Burford $21.00; A.H. Roebuck $13.43 ¾; John Massey $4.00; Mrs. Elizabeth Curbow $20.75; Eldred Smith $42.31 ¼; James Burton $5.65; E.H. Boyd $13.75; Lewis Hardyman $6.62 ½; Edward L. Sandifer $1.25; Willis Young $2.75; James H. Gillespie $2.50; Harrison G. Nelms $111.75; Wm. G. Linthicum $5.87 ½; Riley Pierce $8.12 ½; James Dickinson $42.68 ¾; James P. Lacey $4.75; Philip Gee $9.56 ¼; James Poole $13.56 ¼; Rogert Fields $88.06 ¼; Perer Anderson $23.50; Richard Tankersley $33; Nathan Byars $65.56 ¼; Henry Wideman $1.87 ½; Thomas M. Adkins $45.93 ¾; John Hood $9.00; Woodson Wade $16.68 ¾; Nathaniel Hawkins $116.68 ¾; Tyler Hardyman $36.62 ½; David Massey $15.31 ¼; George Ware $11.37 ½; John Burford $247.62 ½; David Hawkins $16.31 ¼; Jason Addington $66.68 ¾; Robert Brown $6.00; Elizabeth Burgin $8.00; Moses Carlisle $1.12 ½; Jesse Cunningham $11.37 ½; George Hayden $4.37 ½; Samuel Killough $2.37 ½; James Matthis $13.87 ½; Abner Wood $2.12 ½; L.G. McMillion $98.56 ¼; James Massey $3.87 1/2 ; Isaac Williams $1.00; Samuel Aiken $5.56 ¼; William Ellard $6.75; David Pool $3.18 ¾; Jesse Flaherty $2.25; John Bagwell $4.25; Parks B. Miner $6.12 ½; Downs Green $18.37 1/2 ; David Pierce $100.56 ¼; Zadoc Shackleford $4.00; Melissa Crum $4.00; Zachariah Staggs $34.75; William Carmichael $.87 ½; Evan Byars $4.37 ½; Ann Aiken $24.62 1/2 ; John G.T. Ayers $26.37 ½; Robert Goode $20; John L. Poole $4.12 ½; Isaac B. Nabers $9.87 ½; John Stovall $10.18 ¾; James W. McWililams $20.43 ¾; William H. Meredith $9.56 ¼; James Parks $14.62 ½; William Lowe $2.75; Thomas Carrol $3.25; Nicholas Jacks $1.50; John Goyne, Sr. $15.62 ½; C.W. Belcher $2.00; Jesse Wharton $1.75; Philip Lee $20.87 ½; Crawford Brown $21.87 ½; Edmund Parson $4.37 ½; Paschal J. Shackleford $3.62 ½; Stephen H. Dupuy $940; Thomas J. Wright $12.31 ¼; John Erwin $46.37 ½; Robert H. Green $50.62 ½; John Thompson $5.12 ½; Hugh Morrow, Jr. $28.18 ¾; Moses Kelly $19.87 ½; Anthony Latham $1.12 ½; William Cummings $1.75; Mannening Brookshier $21.12 ½; Ezekiel Staggs $82.75; Robert Martin $56.50; James Carlisle $1.75; William C. Cox $6.00; Mrs. Reece $6.12 ½; C.C. Diffey $21.75; John R. Goyne $43; Sarah Diffey $10.87 ½; Samuel Franks $3.37 ½; James Pierce $32.43 ¾; Morton M. Gill $25.50; Robert Cunningham $8.25; William S. Adams $5.50; Madison Turner $7.25; James Kelly $3.00; Edward Garrett $2.50; Levi Adams $15.31 ¼; Drayton Nabours $5.93 ¾; William Kennedy $1/25; Joseph Hickman $2.06 ¼; Joseph Dickinson $11.68 ¾; John Ware $.50; Drucy Ellington $2.31 ¼; Melissa McCarte $.93 ¾; Zadoc Ware $1/12 ½; Andrew Wilson $13/12 ½, James Ferguson $.75; Mrs. Brittian $6.50; Joseph Pierce $37.12 ½; Mrs. Dejarnette $41.81.1/4; Joseph Daniel $4.12 ½; James Nelson $1.12 ½; Edmund Wood $2.00; Henry Turner $3.75; Richard Loveless $3.75; Caleb Gore $11.50; Robert Erwin $9.50; William Reed $4.18 ¾: Widow McWilliams $4.12 ½; Ruthy Ellard $9.68 ¾; William Eubanks $1.50; Allen Earley $10.93 ¾; Thomas Flaherty $1.12 ½; John L. Gill $12.37 ½; David Williams $1.75; William Earley $25.06 ¼; John C. Gillespie $6.50; W.C. Glascoh $3.81 ¼; Thomas D. Armstrong $2.12 1/2; Daniel Watkins $4.25; E.H. Baylis $1.12 ½; Byram C. Goyne; Joseph Gill $3.37 ½; William Childress $32.62 ½; John Reeder $1.75; William coker $38.25; N.F. Randolph’s Estate $12; Lannet Massey $34.18 ¾; John Belcher $49.68 ¾; Jonathan Reed $3.50; James Barton $4.50; Mortimer Jordan $12; William Perkins $1.25; Elizabeth York $9.12 ½; Hillory Adams $1.87 ½; William Sandifer $26.43 ¾; Hugh G. Harper $1.12 ½, William Lacey $1.87 ½; James Wilcox $8.43 ¾; Samuel Monday $47.25; James Redding $22.62 ½; David Carithers $25.12 1/2 ; Willis Eastes $7.12 ½; Robert Bivins $7.00; John Barksdale $10.00; Erwin Montgomery $4.37 ½; Willis Raburn $4.37 ½; James Turner $11.25; Aliena Byars $19.12 1/2; Carter T. Hamilton $16.75; Abner Mitchell $32.43 ¾; Banson Graham $13.25; Jackson Blair $.93 ¾; Joseph H. Cole $3.75: Richmond Townley $10.37 ½; Elias Glenn $ 7.18 ¾; James Bates $4.37 ½; Redmund Bagwell $2.87 ½; John Barton $1.12 ½; David Hefner $8.00: John Harper $52.18 ¾; Abram Woodall $9.25; Martin Young $13.37 ½; John Edmundson $6.50; Claiborne G. Scott $1.25; William F. Orr $81.00; James H. Daniel $2.31 ¼; John Christian $4.50; Thomas Parker $4.62 ½; James Logan $4.00; Nathaniel Self $19.37 ½; William S. Lee $7.81 ¼; John Parker $2.00; Dudley Reavis $2.75; Montgomery Pierce $3.00; Gaines Lee $4.75; Earley A. Brown $51.37 ½; John Cathy $11/75; Jackson Park $.68 ¾; James Payne $8.00; Elizabeth Reece $1.50; Isaac Goolsby $5.25; John Early & Allen Earley $50.00; Marion Wood $2.81 ¼; Jackson Carmichael $5.43 ¾; Allen Cox $31.87 ½; Wiley Bagwell $6.00; Thomas Gore $5.75; Joshua Lacey $2.50; Thomas $.93 ¾; Widow Earley $.25; Catharine Earley $1.75; John Truss $.75; Elam Ware $7.25; Elijah Hudson $1.37 ½; Micajah Jones $5.12 ½; James Williams $2.75; Loven Coker $2.25; Letitia Wade $31.43 ¾; John Pitts $/62 ½;Philip Sanders $3.00;E.B. Sanders $12/56 ¼; William Carson $82.87 ½; Alfred Barksdale $.25; William Speer $.75; Margaret Douthit $15.31 ¼; Samuel Davenport $16.87 ½; Nicholas Starnes $13.87 ½; George Smith $60.00; William Spencer $2.50; Dabney Cooper $.87 ½;Edwin Lee $3.12 ½; John M. Pledger $7.75;John Russell $2.50; Robert Hughes $1.62 ½;Joseph Ferguson $1.00;Willis Young $10.00; Daniel Gillion $2.62 ½, Widow Edmundson $9.43 ¾; John Cunningham $6.31 ¼; Margaret Starnes $47.62 ½; Samuel W. Youngblood $1.62; James Cosby $10.50; William White $1.50; Perry Brittain $4.37 ½; Moses Fields, Sr. $5.00; David Brown $.75; Elizabeth Potter $.62 ½; Valentine Bivins $15.31 ¼; William Dunaho $3.12 ½; James Mann $.75; John Scott $5.00; Edward Strange $7.25; Benjamin R. Wilson $4.50; J.I. Hayden $9.00; Wesley C. Sealy $49.62 ½; John M. Cameron $9.87 ½; Thomas Lynch $60.00; Swagger Lindsey & Co. $11.00; William McWilliams $2.37 ½; John Parsons $5.00; James W. Wade $17.00; George Brown $19.00; James Tarrant $19.00; Jonathan B. Badger $2.75; William Adams, Sr. $10.87 ½; Thomas Hudson $3.37 ½; James Harris $6.37 ½; B.E. Grace $20.00; Melissa McCarty $2.87 ½; James Mudd $27.31 ¼; Thomas D. Johnson $27.50; Richard Austin $9.00; Henry J. Townley $1.18 ¾; Samuel G. Sartin $5.12 ½; William G. Drake $1.00; Charles Stewart $11.00; John B. Daniel $5.00; James Nail $33.50; B.E. Goyne $6.12 ½; William Carmichael $3.81 ¼; Jesse Meeks $.50; Bennet Oldham $27.18 ¾; J. Blackburn $3.00; Thomas Gillespie $7.25; Reid W. Roark $19.25; Clayton Thompson $226.87 ½; William Spradling $11.87 ½; Levi Shackleford $65.12 ½; John A. Merican $29.68 ¾; Widow Gillespie $9.00; James Poteet $3.75; John Brown $6.75; Benjamin Tarrant $7.25; Willis W. Bagley $18.31 ¼; Joseph Alexander $8.00; Zachariah Hagood $79.00; Joel Harris $2.87 ½; William Robinson, Jr. $16.50; Philip Lacey $11.25; Jane Hamilton $98.75; Waddy Edmundson $2.75; Watson McWilliams $13.25; William D. Satterwhite $38.68 ¾; Matthias Ambrose $2.87 ½; William Cowden $2.50; Robert Atwood $1.00; Milton Alexander $1.50; Elijah Cunningham $9.00; Eli Liverman $1.50; James Diffey $1.50; William Banks $32.00; George Henderson $22.18 ¾; William Lawrence $18.93 ¾; Mattias Earley $5.00; James W. Denton $2.75; Jesse Campbell $4.50; Granville Hammock $3.37 ½; Lucy Busby $18.00; Jeptha Shedd $4.50; Craft p. Cooper $2.50; James Black $2.75; W. K. Gill $10.00; John S. Edwards $4.50; James H. Wood $1.50; Elijah Brown $7.00.

NOTES AGAINST: Wiley Bagwell $6.00; Joseph Bishop $10.37 ½; Hillary Adams $3.43 ¾; Adkins & Wade receipt $37.56 ¼; Joseph Daniel $58.18 ¾; Stephen H. Dupuy $80.00; Stephen H. Dupuy $25.00; David L. Poole $20.00; James Payne $4.00; James Redding $95.00; William Statum and Edmund parsons $64.43 ¾; John Scott $22.31 ¼; William S. Statum and Edmund Parsons $64.43 ¾; John Scott $22.31 ¼; William S. Smith $36.00; Carlisle & Harper $13.37 ½; Samuel Carrol $12. 75; David Massey $18.00; John Cooper $5.00; Drayton Nabers $530.00; John Eubanks $11.18 ¾; Samuel S. Earle $54.75; Thomas Ferguson $8.68 ¾; Robert Fields $66.31 ¼; Josiah Cowden $12.37 ½; John Fields $10.00; James Dickinson $44.87 ½; James Cosby $5.25; Watts & Fields $22.00; James Henderson $9.00; Leroy Hodges $3.00; Stephen Wharton $49.00; Flaherty & Kelly $4.00; James w. Ivy $6.68 ¾; Dudley Reavis $43.00; Simpson Robinson $295.00; C.G. Scott $103.68 ¾; Zadoc Shackleford $9.68 ¾; John Christian $39.75; William H. Childress $311.75; W.L. Flaherty $49.50; Thomas Flaherty $30.00; Miss B. Flaherty $12.31 ¼; Andrew Barton $12.56 ¼; E.H. Sanders $1.50; S. Lee $1.40; J.B. Wheatley $20.25; Clinton Watts $22.81 ¼; David pierce $30.00;Obadiah Herndon $3.87; Martin Young $10.00; Hampton Fields $7.00; S.W. Hall $389.25; John Camp $3654.50; Judgments against: Macon Gunter $13.87 ½; Richard McFerrin $19.68; Stewart Crocker $23.87 ½; James T. Brodgen $92.06 ¼; Moses Garrett $34.56; Franklin Thompson $5.00; John Russell $2.50; John Mitchell $6.50; N.A. Penland $3.18 3.4; Allen Killough $2.25; Calloway Bivins $3.25; John G. Aikin $46.00; Stephen Townley and S.S. Earle $20.00; Stephen Townley $36.00; Jesse Hawkins $96.75; John Taylor $5.00; Squire L. Poteet $14.00; Lemiel D. Sanders $15.50; James Wharton $13.68; William P. Glover $19.00; James Carmichael $22.75; Zachariah Staggs $20.00; Nathaniel Hawkins $10.50; Joseph H. Goode $3.00; Drury S. Lacey $10.00; Malinda Townley $21.87 ½; elias M. Dejarnett $47.00; John C. Pitts $6.00; reuben Wade for an amt.; Issac Williams $35.00; Ozias Drake $1.12 ½; John B. Daniel $5.00; John Pierce $9.00; James Carson $24.00; william Carithers $3.50; Riley Pierce $130.00; John R. Goyne $110.00; Granville Hammock $20.00; James p. Smith and Wm. Statum $11.00; John L. Byars $10.00; Elias Wilson $38.00; Allen Whittington $6.00; H.W. Goyne $80.00; Edward l. Sandier $120.00; Wiley Byars $175.00; S.W. Davenport $82.00.

The said firm of Earnest and Montgomery being indebted to different persons and the Bank of Ala. is hereby desirous of liquidating their accounts in the following manner: All persons either principal or securities in the payment of several debts to the Bank of the Sate of Ala. and debts owing to the administrators of estate of Warren Truss, d. to be paid first. Debts to citizens of Jeff. Co., paid 2nd and to apply all the remaining effects towards extinction of the remaining debts in proportion to different amts. 3rd diligence in collection and disbursement of the means placed in said Trustee’s hands in above manner as follows: Bill of Exchange $1500.00, owned by Ala. State Bank, drawn by Nathan Cooper and endorsed by Earnest and Montgomery and G.W. Starnes in one note for $500, payable Ala. State Bank signed by Stephen H. Dupuy, principal, and Abner Killough and Earnest & Montgomery, securities; another note $500, signed Washington Montgomery, principal, and Paschal J. Shackleford and Earnest & Montgomery, securities; another note $500, singed by Jackson Montgomery, principal and Earnest & Montgomery, securities; all of witch notes were executed under bond system for benefit of said Earnest which notes were executed under bond system for benefit of said Earnest & Montgomery, one installment on said notes has been paid; and said Earnest & Montgomery being further indebted to said Ala. State Bank in extension note in the sum of $1800, singed by themselves as principal and Thomas J. Wright and Richard S. Allen, securities; ¼ of which has been paid; another note $300. signed by Abner Mitchell, principal and John Camp and Earnest & Montgomery, securities; another note, $300 in which Jackson Montgomery, principal, and G.W. Starnes and earnest & Montgomery, securities, both of which last notes are wholly due and said Earnest & Montgomery being further indebted to the following named persons as follows: John Truss and Enos Truss, administrators of estate of Warren Truss, d., in the sum of $85; Elijah Brown $430; to McDonald and Bates in about $150 or $200; to Robert J. Hagood and Zachariah Hagood in sum of $1150; to Robert H. Green $300; George Ware $150; Richard Tankersley $375; to the firm of Clute Meade & Co. $1250; firm of Brewster Soloman & Co. $612.10; Ogden Waddington & Co., endorsers of Little Shaw & Co., $1185.15; firm of William M. Tileston & Co. $774; firm of N & H. Weed & Co. two notes in sum of $811.13 each; to Burwell Boykin $500; Comstock and Andrews $479; J & C Gascoigne $550; firm of Halsey, Utter & Co. $570; William Rankin $260; firm of Day Napier & Co. $ 220; firm of Holmes, Whittock & Underdonk $212; J.K. Eyra $134; firm of Stout Ingoldsby & Co. $700. Most of said debts are now due and drawing interest; to Fellows, Wadsworth & Co. in sum of $250; to Richard Kingsland & Co. $100. Wit: Peter Anderson & G.W. Starnes. Dated Oct. 13, 1838. Ack. before Walker K. Baylor, Judge Co. Ct. Oct. 13, 1838. Filed Oct. 13, recorded Oct. 18, 19, 20, and 22, 1838. B.E. Grace Clk. Co. Ct.

1838 May 29 and 1838 Aug 13:  Goyne, H W Drawer 1837-106 84 1837106_0102  Goyne, H W 1837-106 84b 1837106_0102.  Bank case agt H W Goyne – Return found no goods or chattels of H W Goyne in the State worth $2040.00.  (Bank cases): http://seventhfloorrecords.com/1837-106Gallery.htm

On January 13, 1839, Harrison W. Goyne witnessed a warranty deed from Wiley Dickenson to Willis L. Hughes.  

WARRANTY DEED Page 250
WILEY DICKINSON to WILLIS L. HUGHES both of Jeff. Co. Ala. $300. 80 acres being the N ½ of the NE ¼ of Sec 35. in TP 18 of R 4W. Wit. H.W. Goyne, M. Kelly Jr. Dated Jan. 13, 1839. Ack. before B.E. Grace, Clk. of Co. Ct. Nov. 27, 1839. Filed and recorded Nov. 27, 1839. B.E. Grace, Clk. of Co. Ct.

Feb 4, 1839, John Smith files and records a bond that he took out with Harrison W. Goyne on December 11, 1832.  In the bond, it appears that John Smith loaned Harrison W. Goyne, or gave something of value worth $1500.00, and that Harrison W. Goyne agreed to either pay back $1500.00 or to convey a land grant he had applied for with the “General” Government.   

BOND Page 478
STATE OF ALABAMA, JEFFERSON CO. Know all men by these presents that I, Harrison W. Goyne of the County & State aforesaid, am held & firmly bound unto John Smith of the same State & Co., in the penal sum of $1500 for the due payment of which I bind myself my heirs & C. firmly by these presents, sealed with my seal & dated this 11th Dec. 1832. The condition of the above obligation is such that whereas the above named Harrison W. Goyne has this day sold unto the said John Smith, the SE ¼ of Sec 33, TP 18, R 4W, the right of which the said Goyne has not yet received from the General Government. Now if the said Goyne shall within a reasonable time, make to the said Smith a good and sufficient title to the said land, then the above obligation to be void else to remain in full force & virtue. Signed, sealed and acknowledged in the presence of Jno. B. Ayers. H.W. Goyne. Filed Feb. 4, recorded Feb. 13, 1839. B.E. Grace, Clk. C. C.

On April 1, 1839 Harrison W. Goyne conveys 160 acres to John Smith.   Acknowledged by Elizabeth Goyne, wife of H. W. Goyne – and proved by James Riley.  

WARRANTY DEED Page 479-480
HARRISON W. GOYNE to John Smith, both of Jeff. Co. Ala. $630. 160 acres being the SE ¼ of Sec 33, TP 18, R 4W, in the Tuscaloosa land District containing 160 acres more or less. Wit. Wm. Rutledge and James Riley. Dated Feb. 19, 1838. Ack. of Elizabeth (X) Goyne, wife of H.W. Goyne before S.A. Tarrant, Justice of the Peace Mar. 13, 1838. Signature of H.W. Goyne proved by James Riley before B.E. Grace, Clk. Co. Ct. April 1, 1839. Filed April 1, recorded April 2, 1839. B.E. Grace, Clk. C. C.

Harrison W. Goyne’s father, John Goyne, died at the end of April 1839 – he appeared to have been suffering from an illness, as he started making conveyances of his property in January 1839.  

It appears that Harrison W. Goyne may have been absent from Alabama during the Texas Revolution in 1835-36, during his time of service in the Creek War from 1836-1838, and other records indicate he moved to Texas some time in 1839.   Several of their debts became due during this time, and it appears judgments were obtained, and a Sheriff’s Sale of 80 acres the Goyne family owned was had on July 8, 1839 to help pay for these debts:

SHERIFF’S SALE Page 159-160
M. KELLY Sheriff, to Peter Anderson, both of Jeff. Co. Ala. $401. 80 acres being that part of the SE ¼ of Sec. 9, Tp 18, R. 3W. which lies North of the line running through the center of said quarter section from East to West. It having been so divided between the purchasers themselves. Whereas by 8 writs of Fieri Facias issued out of Jeff. Co. Court & to me issued one of them against Byram C. Goyne, H.W. Goyne, John R. Goyne, & Riley Pierce for the sum of $48.08 damages & $23.11 costs which William Robertson Jr. recovered against them, one other against John R. Goyne for the sum of $15.75 costs which the State of Alabama recovered against him, 2 others each for the sum of $15.28 costs which Matthew M. Click recovered against John G. Nelms, George R. Goyne, H.W. Goyne & James B. Moore 1 other against John R. Goyne & John Goyne for the sum of $210.50 debt & damages & $11.93 ¾ costs which the Bank of the State of Alabama recovered against them. One other against John R. Goyne, John Goyne, & Dempsey Jordan for the sum of $742.16 debt & damages, which the Bank of the State of Alabama recovered against them. One other against John Goyne & Dempsey Jordan for the sum of $888.46 debt & damages & $11.93 ¾ which the Bank of the State of Alabama recovered againt them, one other against John R. Goyne, John Goyne & Matthew M. Click for the sum of $689.14 debt & damages & $11.68 ¾ costs which the Bank of the State of Alabama recovered against them in compliance with said order I did sell above described property. Dated July 8, 1839. Ack. before B.E. Grace, Clk. of Co. Ct. July 15, 1839. Filed July 15, recorded July 16, 1839. B.E. Grace, Clk. of Co. Ct.

On October 1, 1839 Harrison W. Goyne applied for a land grant of 640 acres in the State of Texas.

On Nov 2, 1840, in San Augustine County, Texas, Harrison W. Goyne, James A. Burrus, and Augustine Blackburn Hardin allegedly caused a “riot” and beat a Mr. Flateau – a local businessman, in town, causing quite a disturbance.  Charges were brought against them in 1841.  It appears Harrison W. Goyne left the area after the riot, or was avoiding being found.

(Note:  This was in middle of Regulator-Moderator War in East Texas involving disputes over land titles, and accusations of swindling in Harrison and Shelby Counties – near San Augustine County.  This was a feud where there were several battles and many were killed.  For more info see:  http://www.tshaonline.org/handbook/online/articles/jcr01 ).

Nothing in the notes mention the Regulator-Moderator War, but such an organized disturbance, with a charge of “riot” leaves this as a possibility that this incident was part of the Regulator-Moderator War.

The following is an attempt to abstract the information about the case – some of the documents were extremely hard to read, so you may want to compare the abstract to the copies (provided below):

The Republic of Texas  v.  H W Goyne, (Senator from State of Alabama). 

James A Burns , and Augustine Blackburn Hardin, Defendants

Filed:  March 24, 1841
The Republic of Texas                        )                       County of San Augustine District Court
In the name and by the                       )                       March term, 1841
Authority of the same                         )

The Grand jurors of the Republic of Texas duly empanelled and sworn in and for the body of the County of San Augustine upon then oath present that James A. Burns of late of the County of San Augustine and Augustin Blackburn Hardin late of the same and Harrison W. Goyne late of the same on the second day of November, in the year of our Lord one thousand eight hundred and forty (Nov 2, 1840), with force and arms at the Town of San Augustine in the County of San Augustine and within the jurisdiction of the District Court of the fifth Judicial District unlawfully riotously, and notoruously did assemble and gather together to disturb the peace and being so then and there assembled and gathered together in and upon one Lewis M. Flateau then and there being unlawfully riotously and notorously did make an assault and him the said Lewis M. Flateau then and there unlawfully riotously and notorously did beat wound and ill treat and other arrays to the said Lewis M. Flateau then and there to the unlawfully riotously and notoruously did to the great terror and disturbance of diverse good citizens of the Republic then and there being to the evil example of all others in like cases offending and against the peace and dignity of the Republic.

Wm R. Searcy – District Atty

Warrants/Subpoenas issued for case:

a) L H Mabbett & L M Flateau and Michael D. Young – subpoenaed as witnesses for case against W. Goyne, etal. to appear and give evid.  Iss. March 24, 1841.  J B Johnson – Clerk.
(Executed on March 29, 1841 – C L Carman – D. Sheriff).
b) Augustin Blackburn Hardin – indictment of riot – to appear on April 7, 1841. Issued on 26 March 1841. J B Johnson – Clerk.  (A B Hardin not found – S S Davis, D. Sheriff).
c) A. Burns – indictment of riot – to appear on April 7, 1841. Issued March 26, 1841.  J. B. Johnson – Clerk.  (J. A. Burns not found – filed April 22, 1841.  S S Davis – D. Sheriff).
d) Harrison W. Goyne – indictment of riot – to appear on April 7, 1841. Issued March 26, 1841.  B. Johnson – Clerk.  (H. W. Goyne not found –  S S Davis, D. Sheriff).
e) B. Hardin and L. H. Mabbett – subpoena – to give evidence in the cause pending – issued on April 9, 1841. J. B. Johnson – Clerk.
(Exctd on L. H. Mabbett on April 9, 1841.  A. B. Hardin not fnd – S. S. Davis – D. Sheriff).
f) Michael D. Young and L M. Flateau – subpoena – to give evidence in the cause pending – issued on April 9, 1841. B. Johnson – Clerk.
(Executed on M. D. Young and L. M. Flateau on April 9, 1841 – S. S. Davis – D. Sheriff).
g) Harrison W. Goyne and James A. Burns – warrant for indictment of riot – issued on Jan 4, 1842. B. Johnson – Clerk.
(Executed on J. A Burns – bond.  H. W. Goyne not found – March 31, 1842- S. S. Davis, Deputy for Wm Kimbro, Sheriff).
h) B. Harding – warrant/summons to appear and give evidence against James Burns, etal. Issued Oct 10, 1842.  J. B. Johnson – Clerk.  (unk execution)
i) H. Mabbett – warrant/summons to appear and give evidence against A B Harding, H. W. Goyne, and James A. Burns defendants. Issued Oct 10, 1842.  J. B. Johnson – Clerk.
(Executed on Oct 10, 1842 – Wm Kimbro, Sheriff).

Additional Notes on People Involved in above criminal case:

Those people involved in this Criminal Case in San Augustine County, Texas were:

1)  Harrison W. Goyne: (Co-Defendant)  State Senator and Legislator from Alabama.  Served as Clerk of Jefferson County, Alabama 1827 to mid 1830s. Left Jefferson County, Alabama when he joined a military unit as Lieutenant during the removal of the Creek Indians during the Indian Removal Act (“Trail of Tears”).  His brother, Andrew C. Goyne was also with him.  Andrew returned to Alabama, but Harrison moved to Texas.

2)  Augustine B. Hardin: (Co-Defendant)  He was at the Texas Convention of 1836 and signed the Texas Declaration of Independence.  His wife had an affair and he shot and killed the man who bragged about it – fleeing Tennessee to come to Texas.  Fought in the Army of the Republic of Texas from July 7 to October 7, 1836.  http://www.tshaonline.org/handbook/online/articles/fha59

(Note:  Augustine Blackburn Hardin was an early settler and signer of the Texas Declaration of Independence.  By 1807 the family moved to Maury County, Tennessee, where Augustine married Mary Elizabeth Garner in 1819; they had a son. Hardin was deputy sheriff and constable while his father served as justice of the peace in 1825. Augustine Hardin’s wife had an affair with Isaac Newton Porter, of which Porter bragged publicly. Augustine and his brothers met Porter and William Williamson in Columbia on October 1, 1825; during the confrontation that followed, Augustine fatally shot Porter, and his brother Benjamin Franklin Hardin killed Williamson).

In order to avoid arrest and possible conviction, Augustine, after returning his unfaithful wife and son to her family, left for Texas. He arrived at Nacogdoches in the fall of 1825 and settled on the Trinity River in what is now Liberty County before being indicted for murder on December 21, 1825. Other Hardin family members arrived in Texas by the end of 1828, and no extradition occurred, despite requests from the United States. Augustine Hardin received his land grant in 1831.

On January 16, 1827, he enlisted in a volunteer company organized by Hugh Blair Johnston. The unit marched to Nacogdoches to help quell the Fredonian Rebellion. Hardin represented the Liberty District at the Consultation in 1835 at Columbia and San Felipe de Austin, and again at the Convention of 1836 at Washington-on-the-Brazos, where he signed the Declaration of Independence. After the convention, Augustine was in charge of escorting the Hardin family members to Louisiana during the Runaway Scrape. After returning to Texas, he served in the Army of the Republic of Texas from July 7 to October 7, 1836.

His son by his first marriage, Augustine B. Hardin, Jr., moved to Texas in 1839 and lived with his father before moving to Leon County, Texas. The elder Augustine was a Catholic, the only Hardin to practice the faith after the Texas Revolution. From 1836 until 1871 he spent the majority of his time in Liberty County with his ranching and agricultural operations. In 1849 he was one of the founders of the Liberty Masonic Lodge. He died in Liberty County at his daughter’s house on July 22, 1871, and was buried in the Hardin family cemetery north of Liberty. In 1936 the Texas Centennial Commission placed monuments in his honor at his grave and on the Liberty County Courthouse square).

3)  Leonard H. Mabbitt: (Witness) Capt. L H Mabbitt of Texas Volunteers – Captain during Texas Revolution – showed up to Battle of San Jacinto a day after was over, also fought against Indians in Texas.

4)  John Alexander Greer:  (Witness) Member of the Texas Republic Senate from Dist of San Augustine, 1838-45;  Texas Republic Secretary of the Treasury, 1845-46; Lieutenant Governor of Texas, 1847-51.  Died while campaigning for governorship on July 4, 1855

5)  Alanson W. Canfield:  (Witness) Editor of the San Augustine Red-Lander.  As a successful businessman he lived well; his home occupied an entire block and included gardens and a broad avenue that ran to Main Street. In 1840 he purchased the press of W. W. Parker’s Red-Lander and launched the Journal and Advertiser.  He was born in New Milford, Connecticut. In the mid-1830s he married Elizabeth A. Russell in Hamilton, New York, and the couple immigrated with the bride’s brother, Robert B. Russell, to Texas in 1836. They settled in Milam. In July 1836 Canfield and Russell enlisted in a company of volunteers from Sabine County. Within two years the trio moved to San Augustine, where Canfield’s flair for business soon became evident. As a successful businessman he lived well; his home occupied an entire block and included gardens and a broad avenue that ran to Main Street. In 1840 he purchased the press of W. W. Parker’s Red-Lander and launched the Journal and Advertiser. This venture lasted slightly over a year, after which Canfield revived the Red-Lander, by which Canfield publicized his democratic views across the Republic of Texas. In staunch support of Sam Houston and tariff reform, Canfield’s paper repeatedly proclaimed that “no true friend of Texas” could adhere to the tenets of the Whig party. In 1842–43 Canfield waged a heated political feud with a rival editor, Charles DeMorse of the Clarksville Northern Standard ^qv. In 1846, after five tumultuous years, Canfield retired from the newspaper business. In 1846 he traveled to Corpus Christi to join the army of Zachary Taylor as a captain. In the 1850s Canfield was probably a commission merchant in Calhoun County. During the Civil War, although Northern by birth and marriage, he became an advocate of the Confederacy. He died as Major Canfield of the Confederate Army at the battle of Mansfield on April 8, 1864 (see RED RIVER CAMPAIGN).

6)  William Kimbro: (Sheriff) Was the Captain of the San Augustine Company that fought in Battle of San Jacinto. (ca. 1810–1856). Captain William Kimbrough (Kimbro, Kimbo), soldier and law officer, was born in Bedford County, Tennessee, and moved to Texas in 1831 with his wife, Sarah, and son. They settled in David G. Burnet‘s colony about five miles west of the site of present San Augustine. In September 1835, with the coming of the Texas Revolution, Kimbrough raised a company of volunteer infantry in the area and served as its captain in Col. Sidney Sherman‘s Second Regiment, Texas Volunteers. After San Jacinto, Kimbrough was captain of the militia company of the Northwest Beat of San Augustine County. He served as sheriff of San Augustine County from 1836 through 1838, was elected sheriff on February 1, 1841, and held the office until 1843. He was reelected in 1847 but did not serve through his term. In 1850 he was farming in San Augustine County and was elected justice of the peace of Beat Four. In 1853 he moved to Anderson County, where he lived until his death, on September 14, 1856. He was buried in Palestine, and in 1936 the Texas Centennial Commission marked his grave with a historical marker.  Was Captain of the San Augustine Company that fought in Battle of San Jacinto.

7)  Lewis M Flateau – alleged victim of the above assault: (Note:  Flateau was a businessman in area:  Was involved in several lawsuits in the area. 15 lawsuits in San Augustine as a Plaintiff, and 4 lawsuits as a Defendant).  See:  http://library.sfasu.edu/findingaids/?p=collections/findingaid&id=531&q=&rootcontentid=54649

Cases where Flateau was Plaintiff: 
1) #1147  Mary C. Flatau and Henry W. Sublett, admin. of Lewis M. Flatau vs. Edward Teal
2) #88 Mary C. Flatau and Henry W. Sublett, admin of Lewis M Flatau vs. Charlton Payne (Republic #1170)
3) #153 John Perry vs. Mary C. Flatau and Henry W. Sublett, admin of Lewis M. Flatau (Republic #1121)
4) #170 Mary C. Flatau, Henry W. Sublet, admin of Lewis M. Flatau vs. Alexander Horton (Republic #1145)
5) #171 Mary C Flatau, Henry W. Sublet, admin of Lewis M. Flatau vs James M. Johnston (Republic #1146)
6) #198 Mary C. Flatau & Henry Sublett, admin of Louis M. Flatau vs. John P. Border and Sebastian Francois (Republic #1183)
7) #199 Mary C. Flatau and Henry Sublett, admin of Louis M. Flatau vs. Joseph F. Palmer and Iredell D. Thomas (Republic #1184)
8) #200 Mary C. Flatau and Henry Sublett, admin of Louis M. Flatau vs. Almanzan Huston and John G. Berry (Republic #1185)
9) #201 Mary C. Flatau and Henry Sublett, admin of Louis M. Flatau vs. Matthew Cartwright and Stephen W. Blount (Republic #1186)
10) #202 Mary C. Flatau and Henry Sublett, admin of Louis M. Flatau vs. James M. Ardrey (Republic #1187)
11) #230 Mary C. Flatau and Henry Sublett, admin of Louis M. Flatau vs. Bernard Reily and Emory S. Huston
12) #236 Mary C. Flatau and Henry Sublett, admn of Louis M. Flatau vs. Robert W. Martin
13) #237 Mary C. Flatau and Henry Sublett, admin of Louis M. Flatau vs. Sam Brooks, Gordon Needhame and Bernard Reilly
14) #245 Mary C. Flatau and Henry Sublett, admin of Louis M. Flatau vs. Reuben D. Wood and Wade Horton
15) #300 Mary C. Flatau and Henry Sublett, admin of Louis M. Flatau vs. James Perkins, Madison H. Shycock and Nicholas H. Darnell

Cases where Flateau was Defendant:

1) #1121  John Perry vs. John F. and Mary C. Spencer, and Henry C. Sublett, admin. of Louis M. Flatau
2) #214 William Gardner and William R. Norcome vs. Henry W. Sublett and Catherine Flatau, admin of Louis M. Flatau
3) #428 Samuel M Flournoy vs. Mary Catherin and John F. Spencer  Henry W. Sublett, admin of Louis M. Flatau
4) #502 James Perkins vs. Mary C. Flatau and Henry W. Sublett, admin of Louis M. Flatau

December 14, 1840, Samuel T. Burns filed a lawsuit against Harrison W. Goyne while the criminal proceedings were pending.  It appears that the sheriffs office was unable to locate Harrison W. Goyne, and that he had left the area, and according to Samuel T. Burns, he did not believe Harrison W. Goyne intended to return.  Harrison W. Goyne owed money on a note to Samuel T. Burns, so he filed suit to attach to any property Harrison W. Goyne may have had in the county to satisfy the debt.  

Lawsuit:

Samuel T. Burns v. Harrison W. Goyne,
San Augustine County, Republic of Texas, fifth Judicial District
Filed:  Dec 14, 1840.
Republic of Texas
San Augustine County:
To the Hon the judge of the fifth Judicial District.

The petition of Samuel L. Burns of the County, with respect shows unto your Honor, that Harrison W. Goyne formerly of this County, owes and detains from yours petition on the just sum of one hundred and thirty dollars and fifty cents, with ten percent interest.  For that, at to wit in the county aforesaid on the 21 day of November AD 1840 the so Harrison W. Goyne made, executed and delivered to your petitioner, his certain written ent on wortcy for the sum of one hundred thirty dollars and eighty cents, which such instrument in writing reads in there word “Ten days after date I promise to pay S L Burns or beaces the sum of one hundred and thirty dollars and 80/100 with ten per cent interest as acco for value received of him, this 24^th day of November 1840” (signed) “H. W. Goyne” which so notes an obligation here to the court shown to the taken as a part of this petition your petitioner further avers that he has repeatedly demanded payment of such of money of the said Defendant, ______ the said Goyne to pay the same or any part thereof

It appears that Harrison W. Goyne’s family may have joined him in Texas.  The “Return of Service” shows that R. H. Martin was attempting to serve Harrison W. Goyne with the lawsuit papers, but was unable to locate him.  The Return of Service shows R. H. Martin served the lawsuit on “E. Goyne”.

The execution of the judgment shows them to have executed it on December 14, 1840 – and attached a horse drawn wagon, along with two grey horses:

(Burns was Involved in the following 15 lawsuits in the San Augustine, Texas area):

1) #73 John G. Love, Customs Collector vs. Matthew Cartwright, Albert G. Kellogg, and Samuel T. Burnes
2) #320 Samuel T. Burns vs. Thomas H. Garner
3) #322 Samuel T. Burns vs. Anthony B. Patton
4) #356 Samuel T. Burns vs. Harrison W. Goyne
5) #388 Samuel T. Burns vs. John H. Conner
6) #521 William G. Anderson vs. Samuel T. Burns (also #13)
7) #960 Enoch Needham vs. Samuel T. Burns (also #113)
8) #975 Samuel T. Burns vs. John Fitz
9) #1013 Grafton H. Bayne, admin. of David Kenley vs. Iredell D. Thomas, Samuel T. Burns and Henry W. Augustine
10) #1162 William C. V. Dashield vs. Burwell J. Thompson and Samuel T. Burns
11) #215 Samuel T. Burns vs. Burrel Eaves and James C. Eaves
12) #246 Samuel T. Burns vs Almanzon Huston and John G. Berry (Republic #1200)
13) #466 Wilson E. Hail vs. John P. Border and Samuel T. Burns
14) #599 Jordon W. Hyde vs. Samuel T. Burns (Republic #990)
15) #893 Samuel T. Burns vs. John M. Lucas

The lawsuit by Mr. Samuel T. Burns against Harrison W. Goyne indicates that his wife, Elizabeth Riley Goyne, had joined him in Texas – the service of the lawsuit was what is called “substitute service” – when you cannot find the person you wish to serve, and you believe they are intentionally hiding from being served, you can ask a judge to allow you to serve the lawsuit upon a person who you know is a family member who lives with the person – who is reasonably likely to notify the person of the service.

Here, it looks like substitute service was upon Elizabeth Riley Goyne (E. Goyne).

Harrison W. Goyne moves to Washington County, Texas and lives there from 1841-1848. Harrison W. Goyne then moves to Hays County, Texas where he dies on July 4, 1849.  Another source indicates Harrison W. Goyne died in 1849 at Lockhart, Western Texas in Caldwell County.

Harrison W. Goyne’s siblings back in Jefferson County, Alabama have begun to move to Kemper County, Mississippi by around 1843.

The Mississippi State tax rolls show John Goines in Kemper County by 1843, and John R. Goyne, Erasmus Goyne, and A C Goyne in 1845.  Several Goyne family members continue to show up on the Kemper County, Mississippi tax rolls through 1852.

1843 Kemper Co, MS taxrolls – with W W Gowins,
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1843/Personal/15
with John Goins, Wm H. Gewin, Thos Gewin,
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1843/Personal/14
with Thos Gewin, Wm H. Gewin, John Goines,
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1843/Personal/49
with Wiley W. Goynes
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1843/Personal/50

1844 Kemper Co, MS – with W W Goynes and B C Goynes on tax rolls
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1844/Personal/13

1845 Kemper Co, MS – with W W Goynes, John R. Goynes, B C Goynes, Erasmus Goynes, and A C Goynes on tax rolls
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1845/Personal/12

1846 Kemper Co, MS – with W W. Goyne on tax roll
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1846/Personal/15
John Goyne, B C Goyne, and Erasmus Goyne on tax roll
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1846/Personal/16
W W Goynes, John Goynes, B C Goynes, and Erasmus Goynes on tax roll
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1846/Personal/53

1847 Kemper County, MS – with John Goyne, John R. Goyne, Erasmus Goyne, and W W Goyne on tax roll
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1847/Personal/15
B C Goyne is on the previous page same 1847 Kemper Co, MS tax roll
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1847/Personal/14

1852 Kemper County, MS – with John R. Goyne tax roll
http://mdah.state.ms.us/arrec/digital_archives/taxrolls/Kemper/1852/Personal/20

GAME OF BLACKJACK IN 1848 LEADS TO MURDER CHARGE AND ACQUITAL IN MATAMOROS, MEXICO: 
(Thanks to Gene Blakley for making this transcript available and to Charles Blakley for sending a copy)

Transcription of a trial by a Military Commission in 1848 where a U. S. civilian was tried for the death of a U. S. Army officer in Mexico. This was one of the first such trials by a military commission. The civilian, Harrison W. Goyne, was the brother of my gggrandfather, John W. Goyne. The copy used in preparing the transcription was obtained from the National Archives. This is a draft of the transcription and is dated November 9, 2018. Gene Blakley

Proceedings of a Military Commission which assembled at Matamoros Mexico by virtue of the following orders by Headquarters Army of Occupation Monterey Mexico February 1st 1848, Order No. 66

A General Court Martial will assemble at Matamoros at 10 o’clock am on the 21st Inst. or as soon thereafter as practicable for the trial of such prisoners as may be brought before it.

Detail for the Court
Captain W.W. Chapman Asst Qtr. Master
Captain M.S. Pitcher 10 Infantry
Captain W.L. Walander 10 Infantry
Captain G.A. Yard 10 Infantry
1st Lieut. R.C. Morgan 10 Infantry
1st Lieut. I.H. Howard 10 Infantry
1st Lieut. R.A. Bouton 10 Infantry
2nd Lieut. C.I. Mills 10 Infantry
2nd Lieut. C.A. Johnson 10 Infantry
2nd Lieut. E.E. McLean 1st Infantry is appointed Judge Advocate of the Court.

Should any of the officers named in the above detail be prevented from attending at the time and place specified, the court will nevertheless proceed to and continue the business before it, provided the number present be not less than the minimum prescribed by law the above being the greater 1-number that can be convened without manifest injury to the service.

By Command of Brig. Genl Wool
Signed Irvin McDowell A.A.G.

And the following

Head. Qtrs. Army of Occupation Monterey, Mexico Feby. 26th 1848

Order No. 65
When the General Court Martial which was assembled in Matamoros pursuant to order No. 66 (41 corrected series) and of which Capt. Chapman is president; shall have disposed of the business before it, it will be reasonable and will constitute a Military Commission with the same organization for the trial of such persons as may be brought before it.

By Command of Brig. Genl Wool

Irvin McDowell A.A.G.
Matamoros Mexico, Monday April 3rd 1848

The Military Commission met pursuant to the above orders present.
Captain W.W. Chapman Asst Quartermaster
Captain W.L. Wolracht 10 Infantry
1st Lieut. R.C. Morgan 10 Infantry
1st Lieut. I.H. Howard 10 Infantry
1st Lieut R.A. Bouton 10 Infantry
2nd Lieut C.I. Mills 10 Infantry
2nd Lieut. C.A. Johnson 10 Infantry
2nd Lieut. E.E. McLean 1st Infantry Judge Advocate

The accused, Harrison W. Goyne, a citizen of the United States also present. Absent Capt. Yard on sick leave and Capt. Pitcher.

The Judge Advocate having said the order convening the commission asked the accused if he had any objection to any member named therein to which he replied in the negative. The accused asked leave to interview Mr. J. B. Bigalow as his council which was granted.

The court was then duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the presiding officer of the court in presence of the accused. Harrison W. Goyne was then arraigned on the following charge and specification.

Charge. Murder Specification. In this, that he, the said Harrison W. Goyne a citizen of the United States, did, with malice aforethought, and without just cause or provocation, inflict a wound or wounds on Asst. Surgeon John C. Glen of the United States Army, with a deadly weapon, to wit, a pistol, in consequence of which wound or wounds, the said Assistant Surgeon, John C. Glen died. This on or about the ninth day of February eighteen hundred and forty eight at Matamoros, Mexico.
(Signed) Wm Davenport Col 1st Infantry, Com

To which the accused pleaded as follows.
To the specification Not guilty
To the charge Not guilty

Mr. J.B. Bigalow serving as a witness for the prosecution being duly sworn says:

The particular day I do not remember but presume it was on the 9th February, the accused was sitting with his back to the wall of the house, with Mr. Williams on his left and Mr. Thomas Kirk on his right and a table in front, dealing a game of Vingt-et-Un which Dr. Glen and several other persons were betting. Dr. Glen had two cards as I suppose of the same denomination, and what they term in Vingt-et-Un is splitting on them, and called for another card and also for another. Mr. Goyne asked him if he had not busted, he said no, that he had split if I am remembering the term, and that he ought to have known it. Mr. Goyne remarked that he had not observed it and as near as I remember, he busted on one hand and won on the other, which is I believe what they term a stand off.

The Dr. Then made some remark that I do not remember, and I remember that I heard Mr. Goyne say that he did not wish to take his money unless he won it and that he was talking too fast, upon which the Dr. sprang upon his feet and struck him over the head with his walking stick, Mr. Goyne remarked “Doctor don’t strike me again with that stick, and by the time that he had spoken, the Doctor had struck him again – and as he was in the act of striking him a third time I heard the discharge of a pistol, but did not see the pistol, and did not know that Mr. Goyne shot it – but my presumption was that he shot it. The Doctor fell upon the floor and the whole company retired except Mr. Kirk, Mr Williams and myself.

Mr. Kirk and myself removed him to another room and while examining his wound I remarked to the Doctor that it was a very unfortunate affair but that I hoped he exculpated every person in the room except the person that committed the act. He remarked that he did, and that he exculpated Mr. Goyne also, for that he had brought it on himself and that no one was to be blamed but himself. After that Dr. McPhail and Dr. Marks came and took him away. I never saw him afterwards. I will also remark that the time from which this conversation first commenced with relation to the cards until the shot was made could not have exceeded 20 seconds, and the time from the attack with the cane until the shot could not have exceeded two or three seconds. The cane was broken in several pieces which I picked up and still have.

Question by Judge Advocate: How far was the table on which the game was being played from the wall?
Answer: It was so close that a person could not pass between the chairs and the wall, the chairs were set back close to the wall.
Question: Could the accused have escaped the blow of the cane?
Answer: He could not, it was impossible.
Question: When the difficulty first occurred did not the persons who occupied the chairs on the right and left of the accused, rise from their seats?
Answer: No they did not, till after the attack was made I think Mr. Williams then rose and Mr. Kirk also.
Question: At what blow was the cane of Dr. Glen broken?
Answer: I cannot state, there was so much confusion and the matter was done so quick, it was impossible for any one to know I think.
Question: On what part of the person of the accused were the blows directed?
Answer: On the head.
Question: Did the accused make any effort to escape from Dr. Glen?
Answer: I cannot say.
Question: Was or was not Dr. Glen intoxicated at the time of the affray?
Answer: I do not think he was – I think he had been drinking, nearly every one there had been drinking in the course of the evening. I know that he had been drinking for I had seen him and drank with him.
Question: About what time of night did this occur?
Answer: It was at a late hour – the precise time I do not know but I should judge it was past 12 o’clock.
Question: To your knowledge had or had not the accused any enmity towards Dr. Glen.
Answer: I don’t think he could have had for I think they were strangers till that evening – I saw nothing to indicate it and indeed the conversations that passed was not of a violent character.
Question: On what part of the body was the Dr. wounded?
Answer: The ball went in the left side of the body and passed towards the backbone so far as I could judge.

Mr. Edward Williams a citizen a witness for the prosecution being duly sworn says:

I keep the house in which Dr. Glen was wounded and was present at the time, that is, I keep the bar room side Mr Cole kept the other – it is our house – I had charge of it at the time. The evening of the night that Dr. Glen was wounded was spent in going to the theater; that is, the early part, and afterwards they came to my house about 11 o’clock or after. We were all very merry, taking a drink together occasionally, and good feeling amongst all – nothing like ill feeling existing.

We had been rolling rondo a little while at the billiard table and after we got through that we took a drink and some one proposed we should take a game of Vingt-et-Un to rest ourselves as we had been standing a good while, and we adjourned into the next room and commenced playing Vingt-et-Un half a dollar on something of that kind. The Doctor drew his two cards and laid them a little apart, but not enough to show the dealer that he wanted to split on them – he called for a card, and Mr. Goyne who was dealing threw him out a card, and I observed at the time “Doctor that busts you – that was making more than the amount the game required – He said “so give me another card on that” pointing to one of his cards, which was immediately done – and when Mr. Goyne gave the card he said to the Doctor that he did not understand that he had tranched.

The Doctor made use of the expression “Oh you arse” – not in an angry tone – Mr. Goyne said the same thing in return but in a still milder way – the Doctor immediately on Mr. Goyne saying it – stretched out his hand and got his cane and struck Mr. Goyne, I think the stick was broken at that blow. I could not say where Mr. Goyne was struck. All of us remonstrated ***** and told the Doctor and Mr. Goyne too not to get angry at that – That was after the first blow – The Doctor got up and went partially around the table – he was making his way toward Mr. Goyne – I think that Mr. Goyne was trying to get out from behind the table – the space behind the tale was very narrow. The pistol was fired about this time the Doctor was making around – and the Doctor called out to me that he was shot – Mr. Kirk my bar keeper got to him before I did – we immediately helped him up to see where he was shot and found he was wounded in the side – we laid him on a mattress and I started for Dr. McPhail.

Question by Judge Advocate: Was there any thing in the way of the accused getting out from behind the table when he was struck.
Answer: There were benches in the way and it was very narrow around them.
Question: Would or would not the same hindrances that prevented the accused from getting away have prevented Dr. Glen from getting at the accused?
Answer: Very probably it would, they might have prevented them from coming in close contact unless hey had got across the table – it was not a complete barricade by any means.
Question: How many times did Dr. Glen strike the accused?
Answer: I could not say, – it was more than once, broken the first or second strike – it was done so quick I could not be certain. (Bottom page 10)*****
Question: How long was it from the time the first blow was struck to the time the shot was fired?
Answer: It was a very short time, not over ten or fifteen seconds I should think.
Question: How far was Dr. Glen from the accused at the time the shot was fired?
Answer: Not over six or seven feet.
Question: Was Dr. Glen making towards the accuser at the time as if to make a violent attack on him?
Answer: I thought that was his intention by his getting around the table in such a way.
Question: Did he have any weapon about him at the time.
Answer: I think not – if he did have I did not see it, he might have had a part of the stick, but I did not see it.
Question: How long a stick was it that he struck with?
Answer: It was a small cane – an ordinary size cane.
Question: Was the accused injured by the blow he received at all?
Answer: He did not appear to be at that time.
Question: Was there any effort made to stop the difficulty?
Answer: Every body undertook to stop it, it was done before any body could make or start or understand about it being a difficulty – taken aback – I know that was the way with myself.
Question: Was or was not Dr. Glen intoxicated?
Answer: I could not say he was intoxicated, he was lively like the rest of us, but perfectly in his senses 0 he appeared so to me.
Question by the Accused: Did not Mr. Goyne sit still until after he had received the first blow from the stick?
Answer: I am certain he did not get up until after he was struck.
Question: Was not the attack with the stick violent, very violent?
Answer: It was made with all the physical strength he could exert. Made violently – looked as if he intended to hurt him.
Question: Had there been any malice manifested between Dr. Glen and Mr. Goyne previous to the conversation about the cards?
Answer: None whatever between them or any one else it was sociable and affable all around.
Question: Were they not strangers until that evening?
Answer: I am not prepared to answer this question, I don’t suppose they were much acquainted, I don’t know whether they were strangers or not.
Question: Was there time for premeditation on the part of Mr. Goyne between the attack and the shot?
Answer: I could not think there was – I think there could not be time for any one to premeditate from the time the first blow was struck till the shot was fired, I think it was on the impulse of the moment.
Question: What length of time have you known Mr. Goyne and what has been his deportment and general character?
Answer: I got acquainted with him I think in July or June of ‘46 – he is a very quiet, sociable, sensible man. I never saw him in a difficulty or quarrel with any man; always sociable and agreeable – nothing but what was the southern man about him.

A.G. Porter – A witness for the prosecution being duly sworn says:

I was present when the difficulty took place between Dr. Glen and the accused, the precise date I do not recollect but it was some time in the first of February. It happened in the room adjoining the bar room at Mr. William’s house. I had stepped into the room two or three minutes before. I found Dr. Glen standing at the table.

They were playing a game of blimp****** Mr. Goyne was sitting on the opposite side dealing the cards. I took my place immediately on the left of Dr. Glen. The amount I think that Dr. Glen bet was four bits. I don’t think it could exceed that. The Dr. called for a card, and I suppose from the card he drew that he busted. The Doctor threw his hand back and made use of this expression “Oh arse” I think those were the words – and Mr. Goyne returned the words and said “oh arse yourself”, – those I think were all the words that passed, and Dr. Glen immediately after Goyne said the words, struck him with his stick. I think the first blow was over the head – the next was across his arm, Goyne threw up his arm to fend off the blow and as the Doctor was about to strike the 3rd lick I heard the report of the pistol. I had then risen up from the table and Dr. Glen fell and said he was shot.

Question by Judge Advocate: Did the Doctor move from his position from the time the first blow was struck?
Answer: Yes, he had moved some four or five feet and I thought was getting around the table to the side that Goyne was on.
Question: When the Doctor was shot, had he any weapon about him?
Answer: I saw nothing but the stick.
Question: Was the stick broken over the accused?
Answer: I think it was shivened*** the 2nd lick.
Question: Was the stick broken to pieces?
Answer: I don’t know whether it was broken to pieces or not – the stick looked bent up – I was passing out of the house***** as quick as I could when I saw it.
Question: Did Doctor Glen appear to be intending to continue his attack on the accused when he was shot?
Answer; He was passing around the table and was in the act of striking the third lick.
Question: How far was the Doctor off at that time from the accused?
Answer: I suppose not more than 3 1⁄2 feet – perhaps 4.
Question: Did the accused make any effort to get out of his way?
Answer: There was no chance I think for him to get out of the way, it was in a corner of the room, the fire place one side and a bench on which several were sitting blocked up the way that side and the Doctor was trying to get in the other.
Question: From the position of all parties could the persons in the room have interfered – room enough to prevent the Doctor from reaching the accused?
Answer: I don’t think they could, it was done so quick and was so unexpected, I had barely time to rise up. (End page 14)
Question: Did any one have hold of the Doctor or was any one in the act of catching hold of him?
Answer: Not that I saw.
Question: Was any warning given previous to the pistol being fired?
Answer: No – not that I know of – only when Goyne was struck the first time, the accused said “Doctor don’t strike me again with that stick” and before the words were even out the second blow was struck.
Question: What time elapsed from the first blow to the time the Doctor was shot?
Answer: The time was very short – I suppose a second or two.
Question: Who shot the pistol?
Answer: I did not see. I was turning around from the table at the time.
Question by the Accused: Was not the attack with the stick very violent?
Answer: It was a pretty hard blow. I should consider it a very violent attack.
Question: Had you observed any indication of malice between Dr. Glen and the accused previous to the affray?
Answer: None. A few minutes before we were in the other room and Doctor Glenn asked us to take a glass and I think Mr. Goyne was in company. We had been playing a game of cards too before this – Mr. Goyne was playing.
Question: Was there time for premeditation on the part of Mr. Goyne between the attack and the shot?
Answer: I should say not.
Question: When Mr. Goyne told the Doctor not to strike him again with that stick did he not speak in a mild tone of voice and still sit?
Answer: He spoke tolerably quick and still kept his seat.
Question: What length of time have you known the accused and what is his character?
Answer: By computation I have been acquainted with him since ‘36, personally since early May ‘46. His character is very good as for as I know – he was elected in the state senate of Alabama in ‘36. I have been intimate with him since ‘46, during the time he was out here as a volunteer he lost his wife and returned home when the Regiment was disbanded and came back again.
Question: What has been his deportment since you have been personally acquainted with him?
Answer: It has been very good – I have always heard of his being peaceable, and have never known any thing to the contrary – has always stood very fair in the Regiment.
The Military Commission then adjourned to meet again tomorrow morning at 10 o”clock.

Tuesday Matamoros April 4th 1848

The military Commission met pursuant to adjournment .

Present.
Captain W.W. Chapman
Captain W.L. Walracht
1st Lieut. R.C. Morgan
1st Lieut. I.H. Howard
2nd Lieut. C.G. Mills
2nd Lieut. C.A. Johnson
2nd Lieut. E.E. McLean Judge Advocate
The accused Harrison W. Goyne, also present.

Mr. Thomas I. Sainsbury, a citizen a witness for the prosecution being duly sworn says:

I was present when the difficulty occurred between Dr. Glen and the accused. I heard some words pass between them, but did not understand enough of the game to understand the cause of the dispute – as to the connections of the Doctor’s play – Some position that he had assumed in the game. The conversation was in such a tone of voice that I anticipated no difficulty and took no notice of it. The Doctor rose from his seat and lifted his cane, I rose myself to get out of the way – the Doctor struck but I did not see who he struck. I cannot say how long from this until the pistol was fired, but I saw a person on the opposite side of the room in the act of falling.

When the Doctor rose up I got out of the way and my back was turned for a moment so that I did not see him strike but I heard the blow. I left the room immediately.

Asst. Surg. L.C. McPhail, Medical Staff U.S. Army being duly sworn says:

I think it was somewhere about two o’clock on the morning of the 9th February Inst. I was called up by Dr. Marks, who told me that D. Glen had been shot at the Rosaceae house, I immediately went up, so long as I understood what was the matter, and I found the Doctor lying in the back room, on the right hand side after ascending the steps. There was present as far as I recollect, Mr. Williams, Mr. Bigelow and the barkeeper of the establishment whose name I do not know.

The Doctor was lying half reclined upon a mattress and I believe he was supported partially by Mr. Williams or some other person. I made a cursory examination of his wound and gave directions to have him immediately taken down to his quarters, and assisted in doing it. On further examination of the wound I found the ball had entered on his left side somewhere about the 10th rib, and on further examination I found the ball on the right side, between the 9th and 10th ribs, at what is called the angle of the ribs, lying immediately under the skin whence I cut it out with the assistance of Dr. Marks. I judged at the time from the direction of the track of the ball, that it had not entered the interior parts of the body, but from the development of symptoms sp. Afterwards I am convinced that the ball slightly opened the abdomen and wounded the diaphragm. This wound was the cause of his death – he died at two o’clock I think on the 14th February.

The prosecution here closed and the accused produced the following testimony.

Captain W.W. Chapman Asst. Quartermaster. A witness for the defense being duly sworn was interrogated as follows:

Question by the accused: Did you during the confinement of Dr. Glen have any conversations with him respecting the affair between him and the accused? If yes state the conversation.
Answer: The morning this affair occurred about day light, I went to Dr. Glen’s quarters and asked him if he wished to have Colonel Goyne arrested – his reply was “No, it was all my own fault.”

Mr. James M. McDuffie, a citizen, a witness for the defense being duly sworn was interrogated as follows:

Question by the accused: Is the accused in the habit of carrying weapons?
Answer: No.
Question: Do you know why the accused had a pistol about him on the night of the difficulty with Dr. Glen – If yes state what you know of it.
Answer: I think some two weeks previous to the affair Mr. Goyne pointed out a Mexican to me and remarked that he had heard that the Mexican had threatened to waylay him at night.
Question: Was that the pistol he had on the night of the affair with Dr. Glen?
Answer: I think it was.

Mr. Richard Ross, a citizen, a witness for the defense being duly sworn was interrogated as follows:

Question by the accused: What length of time have you known the accused, and what has been his general character since you have known him?
Answer: I have known him about 8 – 9 years; his character has been that of a gentleman – a very civil and good citizen.
Question: Has he not had the reputation of being unusually quiet?
Answer: He has as far as I know – I have always considered him so – never knew him in any difficulty.
Question by the Court: Has it not been customary since this war for gentlemen in Mexico to carry arms?
Answer: I believe it has. I would not consider myself safe at night without I had some arms, I always carry them when I go out at night.

The court then adjourned till to-morrow morning at 10 o’clock, to allow the accused time to bring evidence that could no on account of the absence of the witness be produced today.

3rd Day Wednesday Matamoros Mex April 5 ‘48
The Military Commission met pursuant to adjournment present
Capt. W.W. Chapman
Capt. W.L. Walracht
1st Lieut R.C. Morgan
1st Lieut. I.H. Howard
1st Lieut. R.A. Boutin
2nd Lieut. E.I. Mills
2nd Lieut. C.A. Johnson
2nd Lieut. E.E. McLean Judge Advocate

The accused Harrison W. Goyne, also present

Captain James M. Gee, Alabama Mounted Volunteers, a witness for the defense being duly sworn was interrogated as follows:

Question by the accused: I have known the accused for about 20 years perhaps over that time. I lived in the same town with him a number of years, I have been intimately acquainted with him the greater portion of the time for 20 years. He has always sustained the character of a gentleman in Alabama and I also knew him in Texas and he there sustained the same character. He was in a number of public offices in Alabama from clerk of the court up to Senator of the state and in all these offices won the confidence of everybody.

Question by the Court: From what you know of Colonel Goyne do you think he would be likely to use deadly weapons, except under strong provocation or in self defense.
Answer: I am sure he would not from what I know of him, I have an idea he would suffer himself to be imposed upon; I am sure his good sense would prevent him from using weapons unless he was imposed upon.

Mr. J.B. Bigalow – recalled – was interrogated as follows:

Question by the Court: Please provide to the court the stick with which Dr. Glen struck Mr. Goyne. (The stick was produced and exhibited to the court)
Answer: The stick as produced to the court is what I found in the room after the affray. Part of it I found on the floor and part on the table – the butt of it I think I did not get.
Question: Was it broken up when you found it.
Answer: It was precisely in the situation it is in now, not a piece of it connected more than it is now.
Question: How many pieces was the cane broken into.
Answer: I picked up six pieces. I did not get the whole of it.
Question: Would you consider a man’s life endangered from the attack of a cane of the size of that produced to the court?
Answer: I think a man’s life might be endangered if struck in certain places.
Question: What is the size and material of the wood?
Answer: The material I judge to be ebony, and from the appearance of that part here I should judge it to have been about 3 feet long about 1⁄2 an inch thick at the small end and at the large end from 6/8 to 7/8 of an inch. I will also state that at the time of the attack, from the rapidity of the movement and the confusion, I should consider it impossible for any one about the table to have known the quality and the size of the stick when the attack was going on.

The accused having no further testimony to offer presented the written defense ‘A’ which was read to the court by his counsel. The court was then cleared for deliberation and having naturally considered the evidence addressed find the accused Harrison W. Goyne as follows.

Of the specification: Guilty, except the words “with malice aforethought and without just cause or provocation”.
Of the charge: Not guilty, but guilty of “excusable homicide” and does therefore acquit him.
E.E. McLean W.W. Chapman
2nd Lt 1st Infy Capt. & A. QM.
Judge Advocate Pres. Of Mil. Commission

A – 1

The accused Col. Harrison W. Goyne is charged with having committed one of the highest crimes that can be committed against an individual known to our laws, namely Murder. The specification alleges that one or about the 9th day of February 1848 the said Harrison W. Goyne did with malice aforethought, did without just provocation inflict a wound or wounds on Assistant Surgeon John C. Glen with a pistol in consequence of which the said John C. Glen dyed. To which charge and specification the accused has plead Not guilty – and has therefore been put upon trial.

Before referring to the testimony in this case I shall briefly state what Law denominates Murder.
And first to constitute a murder under the most rigid principles of the common law the killing must be accomplished with malice, or what the law defines, to be a wicked intentional (act) and second Not only with malice but with malice aforethought, which to use the language of the law the killing must be done with a premeditated, wicked, intent.
These are well established principals, laid down in all the books by the writers on criminal law and cannot be controverted.
And in order to establish the charge of murder in this case it is indispensably necessary to be shown, that a sufficient length of time, had elapsed from the provocation to the shooting for the accused to have entertained premeditated malice before committing the act, and that the act, was premeditated.
All the witnesses, who were present or that have testified, have been called on the part of the prosecution and therefore cannot be impeached they all saw and heard the same and have testified to the same, and their testimony so far from proving that the shooting was done with premeditated malice, proves conclusively the contrary.
Then the testimony the witnesses tell you that the attack was made by Dr. Glen on the accused, with a walking cane by beating the accused over the head, that the attack was violent. One of the witnesses Mr. Williams, swears that the assailant made use of all the physical force he was master of, while another swears the attack was very violent, and all agree that there had been no indication of malice previous to the conversation about the cards, on the contrary every thing was particularly agreeable, the parties had drank together during the evening and in all probability they were strangers until that night – and that the time was too short from the attack, to the shot for the accused to have entertained a premeditated, wicked intention to kill.
The testimony shows that the accused was sitting with his back to the wall with a table in front, that persons were sitting on his right and left in addition to which there was a cross bench ********** ************* ********* ***************************** that the Dr. commenced the attack, that the accused after receiving the first blow continued to sit, and mildly desired the Dr. Not to strike him again, that the Dr. Repeated the blow and was advancing toward the accused by the way of the open end of the table and was in the act of striking the third time, when the accused shot. The witnesses all state that to have avoided the blows or to have retreated was impossible, and at the distance between the Dr. and the accused was so short as to have rendered it impossible for the bystanders to have arrested the Dr. In time to have kept him away from the accused.
The man who is attacked is not presumed to know the exact amount of weapons his adversary has, and therefore has a right to presume that he is armed, and when one is attacked a retreat is impossible as in this present case he has a right to maintain his position by making use of the means which his God and his country have given him for his self defense. This principle is one of the most noble and unchanging in our nature – in addition the Law, that sacred rule by which the accused is arraigned before this court, guarantees a man the right to repel force by force, in order to protect, not only his person, but his property, – And if a man be justified by the law, in committing homicide against one who manifestly intends, or endeavors, by violence or surprise, to commit a felony, (as it surely does) – I ask, should not he be much more excisable in committing homicide, who does it while repelling an attack upon his person.
The distinctions which jurist consults have made in the ages previous to the introduction of fire arms are still relied on as the law – yet as circumstances change, principles change, and instead now its being the usage for one who is assailed with a club or other weapon to retreat to the wall or to the ditch, it is made his duty by public opinion, and by the innumerable decisions of the tribunals on the United States, to resent the injury by opposing force to force.
And the courts have decided that he who makes the attack with a weapon, renounces protection from the laws, by the act of seeking his own vindication.
The offence then, I consider to be narrowed down to Homicide, – of which there are three kinds: justifiable, – excusable, and felonious or criminal.
Justifiable Homicide is that which is committed from unavoidable necessity, without any will, intention, or desire, and therefore without blame, as if an officer in the lawful execution of his office either in a civil or criminal case should kill a person who assaults and resists him.
Excusable Homicide is that which takes place upon a sudden encounter, when two persons upon a sudden, quarrel without premeditation or malice.
And one retreats as far as he can with safety and kills his adversary in self defence. See Bl 178 & 183
The case before the court if I have not mistaken the testimony comes within the rule as applicable to cases of excusable homicide.
The (the balance of the paragraph copied too faint and was not readable) As criminal cases in most of the states are without appeal we are deprived of reported decisions – and therefore shall cite but three cases. In the case of the State vs. Mason, Judge Wilson presiding – The jury acquitted the prisoner under the following circumstances. *** Hostile feelings had preciously existed on both sides and Mason, armed with a double barrel shot gun met Bradford designedly(?) and asked him if he was armed. Bradford replied yes; upon which Mason discharged both barrels into his body, from which he died almost instantly. Bradford having however after being shot down, discharged his pistol at his adversary and slightly wounding him.
In the case of the State vs. Kinnard. The evidence, was that of a dispute about some lumber which Cole claimed as his and was going to remove it, – whereupon Cole left and armed himself and returned, in the mean time Kinnard had armed himself with a gun and taken his stand near the lumber, and as Cole advanced Kinnard shot him in the head. Judge Finney, presiding this case, charged the jury according to the most strict principle of the law and yet the Jury acquitted him.
The case of the State vs. Scott is parallel to the one before the court.

In the case State vs. Scott Judge James Johnson, presiding, now Governor of Louisiana. The jury acquitted the prisoner under the following circumstances. Walker assaulted Scott, with a cane, for insolent language made use of by the latter. Scott repelled the assault with a sword cane and inflicted a wound upon Walker of which he died almost instantaneously. In this case there was no malice shown on either side.
I cite these cases to show that this age of liberal principles has exploded the doctrine of antiquity, and it is conceded that if two nations have a right to wage war two individuals have, or at least the individuals have, or at least the individual attacked, has an undeniable right to repel the aggression and it is unquestionably one of the most sacred duties of man, existence to suffer no ******** in person without raising his sword to resist it Justify the court in extending the clemency of the law. The law demands the prisoners acquits the noble, the ******** but ****** not victim, declared him innocent and in his dying moments with a spirit of forgiveness, worthy of an angels, asked, in accounts not to be mistaken for his request*** the spirit of this age and of **********ask it – and all modern precedents of law will sanction it.

H. W. Goyne

52
For this cause was incorporated in the Great American Chart the Constitution in the clause declaring that our persons shall be held sacred and inviolable, – and also the protective clause that we shall be permitted to carry arms in defence of our persons. This right to protect is the proud prerogative of every American citizen, and this glorious privilege which makes Americans emphatically free men.
Tis this that levels all distinctions but that of true nobility of soul, tis this birth right born that endears an American to his country, and his institutions, – that inspires our Army and Navy with undaunted courage and makes them a terror to tyrants and the admiration and glory of the world. From one Constitutional chart he derives the right to carry arms to repel aggression.
And who ask shall calculate or determine with mathematical precision what force shall be adequate to effect this object better than he who is assaulted, better than he who is scourged, – he who is fresh smarting under the blows inflicted upon his person.

53
The man who is forced from unavoidable necessity to commit homicide to repel aggression, may and in a majority of instances no doubt deplores it to the latest day of his life. The community too may mourn it but in this instance none regret the unfortunate occurrences more than the prisoner at the bar.
Naturally this Court, and the public voice, must agree. That the deceased fell a victim to his own indiscression and rashness and that your verdict must be that of acquital.

This Court should not in justice exercise greater security than would be exercised by the testimonials of the U States & I am confident there is no unprejudiced jury in the South, that would not upon reading the testimony aquit instantaniously the prisoner.

In conclusion gentlemen allow me to say that upon your decision risk not the fate of the draw but the hearing. In your hands are held the destiny of one whose locks are well nigh silver with age, and whose career, and character, have been brilliant and untarnished. The circumstances – cases, as shown by the testimony will fully Justify the court in extending the clemency of the law. The law demands the prisoner acquits. The noble, the generous, but unfortunate victim declared his insight and in his dying moments with a spirit of forgiveness worthy of an angel, asked, in accounts not to be mistaken for his

(To be continued)

Harrison W. Goyne died July 4, 1849 according to affidavits filed on his heirs behalf as they were applying for a land grant Harrison W. Goyne had qualified for.  The affidavits indicate Harrison W. Goyne came to Texas in 1839.

January 23, 1868, J. L. McCracklin in Blanco County, Texas, swore to an affidavit indicating he knew Harrison W. Goyne in Washington County, Texas in the years 1841, 1842, 1843, and 1844.  He states that by the year 1841 Harrison W. Goyne was a citizen of the Republic of Texas in Washington County – and that he continued to reside there.

1868 Harrison Goyne Texas recs p7

John M. Swisher’s affidavit filled out in Travis County, Texas in 1873 indicating he knew Harrison W. Goyne in Washington County, Texas from 1843 until Harrison W. Goyne’s death in 1849.

Robert M. Elgin’s affidavit filled out in Travis County, Texas on March 12, 1873 indicating he came to Texas in 1841 and resided in Washington County until 1848.  That he knew Harrison W. Goyne in Washington County, adn that he remembers seeing him in 1848 or 1849 in Austin.  He stated that Harrison W. Goyne was always referred to as an “old settler” in the community.

March 13, 1873, in Travis County, Texas, John H. Conner filled out an affidavit that he knew Harrison W. Goyne in Washington County, Texas in the years 1841, 1842, and 1843.  He stated that Harrison W. Goyne served in the Mexican War, and came to Texas in 1839 and settled in San Augustine County, Texas and from there went to Washington County, Texas, then to Hays County, Texas where he died July 4, 1849.

On March 8, 1873, a petition was filed by John H. Conner in the Senate and House of Representatives on behalf of the heirs of the late Harrison W. Goyne, deceased.   The petition alleged that Harrison W. Goyne received a headright certificate for 640 acres of land on December 17, 1839 issued out of San Augustine County, Texas, and that he never received the land.

Larry E. Caver, Jr. transcribed a letter written February 3, 1876 to the editor of the  “Birmingham Iron Age” which mentioned the death of Harrison W. Goyne in 1849 in Texas.  The newspaper was published from 1874 to 1884.

“Excerpts of Interest from “The Birmingham Iron Age”, Tyler, Texas, January 19, 1876

“Dear Editor Frank:

In your paper of the 13th instant, I observe an announcement headed ‘Historical’ in which you state that you will soon begin the publication of sketches of the lives of those who participated in the early settlement and in the political transactions of Jefferson County, Alabama.  I shall await impartially the appearance of your sketches.  To me they will possess, I know, an indescribable charm.

I wish I could contribute something towards aiding you in this proposed interesting feature of your paper.  Many of those who participated in the public affairs of Jefferson County, in the early years of its settlement, came to Texas:

General Wood, Robert Emmet Bledsoe Baylor, John Brown, Harrison W. Goyne, Simpson Robinson, Thomas M. Adkins, Emory Loyd, Henry Click, Taylor Brown, Richard Tankersly and doubtless many others.

Of these above mentioned, all are dead except Henry Click, Taylor Brown and Simpson Robinson, and I am not sure that the last named is living, though he was a year or two ago.  Taylor Brown is living near Henderson, about 30 miles from this place, and was as full of vitality and fun, about two weeks ago, when I saw him, as a [colored man] ever gets of religion–and you know that is so full that he runs over occasionally.  Henry Click, who used to be the best rifle shot that could be found, lives in Cherokee County.  I have not seen him for two or three years.  Simpson Robinson was living in Leon County a few years ago, and had been chief justice of the county.

General Wood, who participated in what is termed the “pine knot” battle, fought at Jonesboro long before you and I were born, died and was buried near Austin, Texas, many, many years ago; John Brown [Red] died not many years ago, at Brownsboro [named for him] in Henderson County, Texas, about 20 miles west of this place.

Harrison W. Goyne died in 1849 at Lockhart, Western Texas in Caldwell County; Emory Loyd died near Henderson, Rusk County, about 15 years ago; Robert E. B. Baylor died near Independence, Washington County, December 31, 1873; Major Adkins died near Larissa, Cherokee County, a few years ago;

Woodson Wade I ought to have mentioned also; he is dead too.  Brown, Goyne, Adkins, Robinson, Wood, Loyd and Baylor, were in official line of life in Jefferson County.  Loyd, Wood, John Brown and Goyne served in the Legislature, and Baylor in the Congress of the United States.  Baylor, Wood and John Brown served in the Congress of the Republic of Texas; Judge Baylor served for 25 years or more as District Judge.

I furnish you these facts, which you can dress up if you choose, and receive as my contribution.

Why don’t you pour hot shot and Greek fire into the Radical Camp?  Have they quit stealing in Alabama?

Your friend very hurriedly, but truly,

Thomas Smith”

The 1850 US Census in Lowndes County, Mississippi shows Elizabeth Goyne age 44, Birth born abt 1806 Kentucky living with her mother in Lowndes County, Mississippi:
Name Age
Elizabeth Riley 80  (mother of Elizabeth Goyne)
Elizabeth Goyne 44
Elbridge H Goyne 17 (son of Harrison W. Goyne and Elizabeth Goyne)

After Harrison W. Goyne’s death in Texas, it appears Elizabeth Goyne returned to Lowndes County, Mississippi and moved in with her mother, Elizabeth Riley, with her son, Elbridge H. Goyne.

Elizabeth Riley married to a John A. Snell on Oct 29, 1851, after Harrison W. Goyne’s death in July 4, 1849.

Harrison W. Goyne and Elizabeth Riley’s son, Elbridge H. Goyne 20 yrs old, married Amanda R. Snell also about 20 yrs old, on April 5, 1853 in Lowndes County, Mississippi.   Amanda R. Snell was the daughter of John A. Snell and his prior wife, Lucinda Snell.

The 1860 US Census in Lowndes County, MS shows E H Goyne and wife Amanda and his children Salina age 6, Juliet age 5, and John age 1, next door to John A. Snell and his wife Elizabeth (Elizabeth Riley – E H Goyne’s mother), and his daughters Eliza age 19, and Rebecca age 14.

It is unknown exactly when Elizabeth Riley Crawford Goyne Snell died, but it appears it may have been before November of 1861, as a John A. Snell is shown marrying an Elizabeth Cook on November 7, 1861 in Lowndes County, Mississippi.

__________________________________________________________

From the Gowen Manuscript:

Webmaster Jason Kathman
Gowen Research Foundation
5708 Gary Avenue
Lubbock, Texas, 79413-4822

SEN. HARRISON W. GOYNE FOUGHT IN THE CREEK WAR IN SOUTHERN ALABAMA IN 1836

One hundred years ago this month, the efforts of Alabama Senator Harrison W. Goyne to raise a militia company to fight in the 1836 Creek War were described in a newspaper article. Capt. James McAdory and First Lt. Harrison W. Goyne commanded the company and were mentioned prominently in the newstory which appeared in the February 17, 1892 edition of the “Birmingham Age-Herald.”

Harrison W. Goyne, son of John “Bit Nose” Goyne and Nancy Goyne, was born about 1806, probably in Warren County, Georgia. His grandfather, William Goyne had appeared in the area about 1790, based on tax records. John “Bit Nose” Goyne removed to Jefferson County, Alabama about the time of the War of 1812.

Harrison W. Goyne was married there November 8, 1823 to Mrs. Elizabeth Riley Crawford, widow of Samuel Crawford and daughter of Joseph Riley, according to Jefferson County Marriage Book 1. His father was his security. The will of Joseph Riley written June 7, 1826 bequeathed “my negro girl, Mary and $50 to Harrison W. Goyne for my daughter, Eliza­beth Goyne,” according to Jefferson County will records.

About 1828, Harrison W. Goyne was elected clerk of the county court at Elyton. He was enumerated there as the head of a household in the 1830 census along with Benjamin Goyne, James Goyne and John Goyne, his father. In 1831 Harrison W. Goyne was elected to the Alabama House of Representatives from Jefferson County.

On September 17, 1832 Harrison W. Goyne “of Jefferson County” filed on Section 33, Township 18, Range 4W in ad­joining Tuscaloosa County, according to “Old Tuscaloosa Land Office Records and Military Warrants, 1821-1855,” by Marilyn Davis Barefield.

He was a state senator from Jefferson County in the 1836-37 term. Harrison W. Goyne was identified as a “speculator of Elyton” when he was chosen as first lieutenant in the Jeffer­son County militia company commanded by Capt. McAdory, a planter of Jones­boro, Alabama in the Creek War. His younger brother, Andrew C. “Cull” [Columbus Goyne served as a private in the same company which was incorporated into the Fourth Al­abama Mounted Volunteers, according to “Index to Com­piled Service Records, Alabama Units, Creek War, 1836-1837” by Achee and Wright. Capt. McAdory later be­came a colonel in the militia.

The newspaper article, obtained through the courtesy of  LaFay E. Gowan, Foundation Editorial Board Member of Birmingham and the Birmingham Genealogical Society read:

“JEFFERSON COUNTY SOLDIERS BRAVED THE CREEK INDIANS IN THE OLD DAYS

By Thomas M. Owen

It is now almost 56 years, over half a century, since in the spring of 1836, Jefferson County equipped and sent out a brave and gallant company of mounted in­fantry to assist in protecting the inhabitants of east and southeast Alabama from Indian Savages and depredations. In the swift transit of the years its members have all gone to their last resting places, save one, and though brave in word and deed, lov­ing their country and fighting for its protection, history contains no record of them, save in the following para­graph, which ap­pears in a short sketch of Jeffer­son County by B. E. Grace, Sr, one of Jefferson County’s oldest and most honored citizens, vis:
‘About the year 1836, great excitement was caused in Jef­ferson County in consequence of the hostile atti­tude of the Seminole and Creek Indians, especially the latter. The treaty which had been recently concluded between the general Government and Indians, for their removal to the west, caused a great dissatisfac­tion among a large portion of them, and several mur­ders were committed between Montgomery and Colum­bus, Georgia and other outrages which finally resulted in a state of war.

The governor made a call for volunteers, and Jeffer­son County, as usual in such cases, responded promptly, and a company of near 100 men was soon raised, and James McAdory was elected captain. I forgot the names of the other officers, or I should gladly give them, as they were a gallant set of boys and spent a hot summer in the sickly climate, at that time, of South Alabama, serving faithfully till the object of the campaign was accomplished and the hostile Creeks were captured and sent via Montgomery and Mobile by water to their new homes.

The captain and most of his men re­turned, but several contracted dis­ease which finally proved fatal. The only survivor re­ferred to above is Mr. John Thompson, a farmer living in Shade’s Valley, a few miles southeast of Bessemer, through whom many facts and incidents concerning this company are res­cued from perishing.

Elyton was the county site, and the center of public spirit and intelligence as well, of Jefferson County; and when the call for volunteers was received, imme­diate steps were taken to call together those willing to enlist and lend as­sistance.

The call was distributed and the meeting to con­sider it was held at the county court house about April 1, 1836, when after perfection of arrangements and election of officers, all returned home to make ready for again as­sembling in Elyton preparatory for leaving.

The next week found a large number of men assem­bled, each one mounted on his own horse, ready for the march. No one, not even the officers, wore a uni­form; but almost every one wore a wool hat, linsey shirt and suit of substan­tial homespun jeans. They remained one night in Elyton, a part lodged in the old Mallory Tavern, and a part were scattered among the hospitable homes of Col. John Mar­tin, Williamson Hawkins and others.

Just before leaving Capt. McAdory marched his company up to the home of James Mudd, when Miss Mary Mudd, on behalf of the citizens of Elyton, presented them with a beautiful flag. The captain accepted in a few words; and soon af­terwards, they rode away, leaving sad hearts behind them, but followed by good wishes and earnest prayers.

Their route led along the old road to Montevallo where they were joined by their surgeon, Dr. Mardis, former member of Congress, and where they camped the first night. Each man carried his own rations which had been prepared for him by loving hands be­fore setting out.

Leaving Monte­vallo, they went directly to Mont­gomery, camping out one night. There they were received by the authorities and as­signed to duty. There they were given arms and am­munition, and in a few days were on a rapid march for the Creek coun­try.

Their service in the war was short, for the war itself was of short duration, being only three months, the period for which they had enlisted. The character of the service was in no re­spect different from that of ordinary frontier ser­vice; and there are no records of any particular acts of heroism accred­ited to this com­pany or its members. But they were in several brief engagements, underwent with­out complaint, several forced marches, and several of its members were commended as skilled and brave in the ex­ecution of special duty assigned them.

The company lost none of its members by death, but unused to the sultry sun of the southern part of the state, in many there were planted the germs of fatal disease that made itself felt years afterward. They received as a reward for their ser­vices, the sum of $10 per month and their food. At or near Montgomery they were mustered out of ser­vice, and in strag­gling bodies, returned home, having tasted the glories of war and found it more dreadful than inviting.’

Who were these men, what of prominence did they achieve and what became of them? Harrison W. Goyne was a clerk of the County Court. In 1831 he sat for Jeffer­son County in the House of Representatives, and in 1836 he represented the county in the State Senate. After the return home, the Goyne brothers, Harrison and Andrew, nicknamed “Cull,” moved away. The only living member of this command, John Thompson, was born February 25, 1818, and hence will soon be in his seventy-fourth year.”

SEN. HARRISON W. GOYNE FOUGHT IN THE CREEK WAR

One hundred years ago this month, the efforts of Alabama Senator Harrison W. Goyne to raise a militia company to fight in the 1836 Creek War were described in a newspaper article. Capt. James McAdory and First Lt. Harrison W. Goyne commanded the company and were mentioned prominently in the newstory which appeared in February 17, 1892 edition of the “Birmingham Age-Herald.”

Harrison W. Goyne, son of John “Bit Nose” Goyne and Nancy Goyne, was born about 1806, probably in Warren County, Georgia. His grandfather, William Goyne had appeared in the area about 1790, based on tax records. His family removed to Jefferson County, Alabama about the time of the War of 1812.

Harrison W. Goyne was married there November 8, 1823 to Mrs. Elizabeth Riley Crawford, widow of Samuel Crawford and daughter of Joseph Riley, according to Jefferson County Marriage Book 1. His father was his security. The will of Joseph Riley written June 7, 1826 bequeathed “my negro girl, Mary and $50 to Harrison W. Goyne for my daughter, Elizabeth Goyne,” according to Jefferson County will records.

About 1828, Harrison W. Goyne was elected clerk of the county court at Elyton. He was enumerated there as the head of a household in the 1830 census along with Benjamin Goyne, James Goyne and John Goyne, his father. In 1831 Harrison W. Goyne was elected to the Alabama House of Representatives from Jefferson County.

On September 17, 1832 Harrison W. Goyne “of Jefferson County” filed on Section 33, Township 18, Range 4W in adjoining Tuscaloosa County, according to “Old Tuscaloosa Land Office Records and Military Warrants, 1821-1855,” by Marilyn Davis Barefield.

He was a state senator from Jefferson County in the 1836-37 term. Harrison W. Goyne was identified as a “speculator of Elyton” when he was chosen as first lieutenant in the Jefferson County militia company commanded by Capt. McAdory, a planter of Jonesboro in the Creek War. His younger brother, Andrew C. “Cull” Goyne served as a private in the same company which was incorporated into the Fourth Alabama Mounted Volunteers, according to “Index to Compiled Service Records, Alabama Units, Creek War, 1836-1837” by Achee and Wright. Capt. McAdory later became a colonel in the militia.

The newspaper article, obtained through the courtesy of LaFay E. Gowan, Foundation Editorial Board Member of Birmingham and the Birmingham Genealogical Society read:

“JEFFERSON COUNTY SOLDIERS BRAVED THE CREEK INDIANS IN THE OLD DAYS
By Thomas M. Owen

It is now almost 56 years, over half a century, since in the spring of 1836, Jefferson County equipped and sent out a brave and gallant company of mounted infantry to assist in protecting the inhabitants of east and southeast Alabama from Indian Savages and depredations. In the swift transit of the years its members have all gone to their last resting places, save one, and though brave in word and deed, loving their country and fighting for its protection, history contains no record of them, save in the following paragraph, which appears in a short sketch of Jefferson County by B. E. Grace, Sr, one of Jefferson County’s oldest and most honored citizens, vis:

‘About the year 1836, great excitement was caused in Jefferson County in consequence of the hostile attitude of the Seminole and Creek Indians, especially the latter. The treaty which had been recently concluded between the general Government and Indians, for their removal to the west, caused a great dissatisfaction among a large portion of them, and several murders were committed between Montgomery and Columbus, Georgia and other outrages which finally resulted in a state of war.

The governor made a call for volunteers, and Jefferson County, as usual in such cases, responded promptly, and a company of near 100 men was soon raised, and James McAdory was elected captain. I forgot the names of the other officers, or I should gladly give them, as they were a gallant set of boys and spent a hot summer in the sickly climate, at that time, of South Alabama, serving faithfully till the object of the campaign was accomplished and the hostile Creeks were captured and sent via Montgomery and Mobile by water to their new homes.

The captain and most of his men returned, but several contracted disease which finally proved fatal. The only survivor referred to above is Mr. John Thompson, a farmer living in Shade’s Valley , a few miles southeast of Bessemer, through whom many facts and incidents concerning this company are rescued from perishing.

Elyton was the county site, and the center of public spirit and intelligence as well, of Jefferson County; and when the call for volunteers was received, immediate steps were taken to call together those willing to enlist and lend assistance.

The call was distributed and the meeting to consider it was held at the county court house about April 1, 1836, when after perfection of arrangements and election of officers, all returned home to make ready for again assembling in Elyton preparatory for leaving.

The next week found a large number of men assembled, each one mounted on his own horse, ready for the march. No one, not even the officers, wore a uniform; but almost every one wore a wool hat, linsey shirt and suit of substantial homespun jeans. They remained one night in Elyton, a part lodged in the old Mallory Tavern, and a part were scattered among the hospitable homes of Col. John Martin, Williamson Hawkins and others.

Just before leaving Capt. McAdory marched his company up to the home of James Mudd, when Miss Mary Mudd, on behalf of the citizens of Elyton, presented them with a beautiful flag. The captain accepted in a few words; and soon afterwards, they rode away, leaving sad hearts behind them, but followed by good wishes and earnest prayers.

Their route led along the old road to Montevallo where they were joined by their surgeon, Dr. Mardis, former member of Congress, and where they camped the first night. Each man carried his own rations which had been prepared for him by loving hands before setting out.

Leaving Montevallo, they went directly to Montgomery, camping out one night. There they were received by the authorities and assigned to duty. There they were given arms and ammunition, and in a few days were on a rapid march for the Creek country.

Their service in the war was short, for the war itself was of short duration, being only three months, the period for which they had enlisted. The character of the service was in no respect different from that of ordinary frontier service; and there are no records of any particular acts of heroism accredited to this company or its members. But they were in several brief engagements, underwent without complaint, several forced marches, and several of its members were commended as skilled and brave in the execution of special duty assigned them.

The company lost none of its members by death, but unused to the sultry sun of the southern part of the state, in many there were planted the germs of fatal disease that made itself felt years afterward. They received as a reward for their services, the sum of $10 per month and their food. At or near Montgomery they were mustered out of service, and in straggling bodies, returned home, having tasted the glories of war and found it more dreadful than inviting.’

Who were these men, what of prominence did they achieve and what became of them? Harrison W. Goyne was a clerk of the County Court. In 1831 he sat for Jefferson County in the House of Representatives, and in 1836 he representated the county in the State Senate. After the return home, the
Goyne brothers, Harrison and Andrew, nicknamed “Cull,” moved away. The only living member of this command, John Thompson, was born February 25, 1818, and hence will soon be in his seventy-fourth year.”