Carnival of Genealogy #100: My Family and a Murderess

This is written for the 100th edition of the Carnival of Genealogy entitled "There's One in Every Family".   My take on this theme is that every family has a sensational story, one that has morphed over time into something juicier than it probably was. It is my heartfelt sentiment that the story I present here absolutely does not happen to every family!

My Family and a Murderess.  That sounds just like a title for a fictional murder mystery.  Alas, this story is very true.  For anyone that lives outside of the state of North Carolina and perhaps more so out of the western North Carolina mountains, you've probably never heard of Frankie Silver, known as one of the few women in the state to be hung for murder.  I know I hadn't.

As I began my Mitchell County, North Carolina research, I tried to gain a general overview of the area, the people, the work they did, and what brought them there.  I don't even recall when I first heard about the story of Charlie and Frankie (Stewart) Silver, but I remember seeing snippets of information here and there alluding to the notorious crime.  Out of morbid curiosity, I searched the internet for information and read some books only to discover a sad story from the 1830s, and much to my surprise, with connections to my own ancestors.

THE MURDER

On a cold December day in 1831, a nineteen year old Charlie Silver was murdered by his wife, eighteen year old Frances "Frankie" Stewart Silver. Charlie was hacked to death with an ax and dismembered in their cabin in the mountains of what was then Burke County, North Carolina (now Mitchell County).  The story goes that Charlie had gone out hunting though Frankie may have suspected drinking and carousing.  He came home, perhaps drunk, an altercation ensued, and the result was the death of Charlie.  The facts are not all clear, but Frankie may have been protecting herself and their toddler from Charlie's violent behavior.  Or perhaps Frankie had just had enough and in a fit of rage attacked her husband.  Apparently aware of the violence she had committed and for the need to dispose of his remains, she cut up his body and burned it in their fireplace.

In any case, it was not disputed that Frankie bundled up her daughter and went to her in-laws home the next day asking for the whereabouts of her husband.  They hadn't seen him for a few days, since he had left on his hunting trip.  Apparently she then went to her parent's home.  The Silvers and other neighbors became worried when Charlie didn't return and a manhunt began.  Perhaps Frankie's story began to unravel then but suspicions were definitely aroused.  His remains were not immediately found, but an oily residue in her fireplace and the fact that a weeks worth of firewood was gone were strong suspicions for something amiss.  The very clean floorboards were lifted up in their small cabin and blood stains were found on the ground beneath. 

THE ARREST

There are a variety of things that cause great speculation even all these 179 years later. It was said that Charlie had a tendency towards alcohol, towards abusing his wife, and towards messing around with other women. There was speculation that Frankie may have acted in self-defense, or to protect their baby, while Charlie was on a drunk. Alas, no one knows what ever happened that night to cause her to ax him to death.

About a week after the murder, Frankie, her mother and her brother were arrested and taken to the jail in Morganton, Burke Co, North Carolina.  An inquest followed and her mother and brother were later released for lack of evidence, but Frankie was held over for trial.  She had a young lawyer who may not have fully explained her rights or what was likely to happen to her.  Since court met infrequently (usually quarterly), she was in jail for some time and quite a distance from her family.

THE TRIAL

A jury of Frankie's peers, all men, was gathered and the evidence presented.  Because of the laws at the time, a defendant was not allowed to testify on his or her behalf.  The conviction came swiftly with the jury never hearing from Frankie. Death by hanging was to be Frankie's fate.  At some point while awaiting execution, Frankie stated that she acted in self-defense.  Seven of the twelve jurors then came forward to petition to overturn the conviction.  An appeal was made to the state's Supreme Court.  Friends and neighbors of the Stewart family came forward on her behalf.  During the time leading up to her hanging, her family helped her to break out of jail.  She was found wearing a man's hat and coat walking behind an uncle's wagon when officials caught up with them.  But all these efforts were to no avail.

THE HANGING

It was a warm July day in 1833 when the hanging occurred.  Legend has it that her father stood in the assembled crowd and yelled up to Frankie as she stood on the gallows.  His supposed words:  "Die with it in you, Frankie."  A lot could be read into that statement and it has probably morphed into more than what ever really occurred that day.  What appears to be fact is her father was there to take her remains home to a final resting place.  Due to the rugged mountain conditions and the summer temperatures, it was a slow trip home.  As a result, she is supposedly buried in an unmarked location on the road outside Morganton.  A memorial has been erected in her memory near where she is believed to have been buried.

MY FAMILY'S CONNECTIONS

So what does this all mean to me?  First, I should begin by saying that at the present time I have not found any direct genealogical connection to either Charlie or Frankie.  However, my ancestors were neighbors of both the Silver and Stewart families.  As I was reading Perry Deane Young's book, The Untold Story of Frankie Silver, I discovered that some of the members of the inquest, a prosecution witness, and petitioners to the governor were my ancestors. 

My fourth great-grandfather, Isaac Grindstaff, appears as a witness for the defense.  According to Young, Isaac later identifies himself as a member of the inquest jury.  It should be noted that there was more than one Isaac Grindstaff in this area, but for this time frame, my ancestor seems to be the likely Isaac.

My fourth great-grandfather, Thomas Howell, served as a witness to the grand jury and later as a witness for the prosecution.  Thomas was a blacksmith and apparently made Charlie Silver's shoe buckles which were identified amongst the burned remains.

My fourth great-grandfather, Hector McNeill, as well as a John McNeill, a Dim McNeill and a Malcolm McNeill all signed an undated petition to Governor Montfort Stokes requesting he pardon the prisoner.  The document states that many of those signers were neighbors of the defendant and knew her to be of good character.

My third great-grandfather, Archibald McNeill, was the son of Hector and son-in-law of Thomas Howell.  Archibald's second marriage was to Sarah Ann Sparks Silver.  Sarah was the widow of Reuben Silver, brother to the murdered Charlie.  According to Cabins in the Laurel by Muriel Earley Sheppard, Arch built a cabin backed up to the same chimney where Frankie committed her crime.  Sheppard writes the original cabin was gone but the chimney and fireplace were in strong condition.  She goes on to state that Arch's wife (Sarah) found one of Charlie's "shoeheel irons jammed into the stones of the fireplace."  The said victim was Sarah's former brother-in-law and were made by Arch's former father-in-law. 

Oh what a tangled web.  And such a sad, sad story.  This month marks the 179th year since this crime occurred.  The truth behind the murder may never be known and speculation still runs rampant.  I hope the victims, for I believe Charlie and Frankie were both victims, rest in peace.

SOURCES AND FURTHER READING:

I know that I have not done justice to the story of Frankie Stewart Silver.  Any errors in the above information are mine.  For further information, please consider reading the following books or visiting these websites.

The Untold Story of Frankie Silver by Perry Deane Young.
Wikipedia's page on Frankie Stewart Silver
Charlie's memorial at Find A Grave
Frankie's memorial at Find A Grave
A summary from the North Carolina Museum of History.
For a fictional account, I recommend The Ballad of Frankie Silver by Sharyn McCrumb
The Burke County Visitor's center has an article
The Frankie Foundation which produced a play describing these tragic events
Cabins in the Laurel by Muriel Earley Sheppard

July Dates in My Family History

Only a couple of dates in my family history for July:

10th - anniversary of Absalom Stroud Pitts and Medina Sherer, my 3rd great-grandparents, in 1853

16th - death of Lee McNeill, my grandfather, in 1971 in Sacramento, California

31st - death of  Archibald McNeill, my 3rd great-grandfather, in Mitchell County, North Carolina.  He is buried in what is called McNeill Cemetery in Mitchell Co. with his second wife, Sarah Ann Elizabeth Sparks.

Archibald H. McNeill and Jane Howell

My third great-grandfather on the McNeill line is Archibald H. McNeill who was born about 1838 to Hector McNeill and his wife Betty Pressley or Presnell. He was the second of seven children, presumably all born in Yancey County, North Carolina. His mother, Betty, died in 1849 within days of giving birth to her youngest child, Elizabeth. Much like his son Robert, Archibald lost his mother as a boy.

Probably in 1857, Archibald married Jane Howell, daughter of Thomas Howell and Piety Wilson. Jane was born about 1841 in Yancey county, the seventh of at least eight children for the couple. Archibald and Jane had their first child and my ancestor, Robert Nelson McNeill, on 29 Oct 1858. In about 1861, Robert was joined by a sister, Elizabeth.

It was at about this time that the dissension between parts of Yancey County became more pronounced, and a vote was taken to separate into two counties thus creating Mitchell County. I believe at this time Archibald lived on the Mitchell side which apparently tended to side more with the Union than with the new Confederacy. Yancey favored the Confederacy. However, on 8 March 1862, Archibald, along with two of his brothers, enlisted as privates in Company E, 6th North Carolina Infantry. This unit has an extensive list of battles they were involved in, including at Seven Pines, Virginia from about 30 May 1862 to 1 June 1862. Here Archibald's brother, Daniel, was wounded and died from his injuries. According to an article written in Volume 1 of the Toe River Valley Heritage series, Archibald was wounded in the hand at the second battle of Manassas (i.e. Bull Run) in August 1862. I believe the remaining brother, John, went unharmed.

Another tragedy struck the family in November 1862 when Jane Howell McNeill died. I have very little information about her so I have no idea how she died or if it may have been childbirth related. Until a few weeks ago, I didn't even know the date of her death. And I have no idea where she may have been buried.

I have a date of 27 March 1863 that Archibald mustered out of Co E. Family lore indicates that Archibald and probably John deserted the Confederate Army and returned to the mountains of Mitchell county. Whether disgruntled with military life, grieving the loss of his wife, or dissatisfied with the Confederate cause is unknown. I suspect it was a combination of all three.

In the spring of 1864, Archibald remarried to a young widow, Sarah Ann Elizabeth Sparks Silver in Mitchell County. During this same year in the fall he enlisted in the Union Army in 3rd North Carolina Mounted Infantry and went to Knoxville, Tennessee to serve under the famous (or is it infamous) Colonel George Kirk. He came home during the early part of 1865 on recruiting duty. Because of the fear of Rebel Home Guards from Yancey county, Archibald was forced to "stay out" much of the time rather than stay in his home. It was also about this time Archibald and Sarah had their first of 11 children. During his forced exposure to the harsh winter elements, he took ill. Some in the Union Army took him to be a deserter and he spent literally the remainder of his life dealing with the ailments as a result of his service and fighting to get the pension he rightly deserved. I have a copy of his entire pension file which I believe is about 187 pages. It was Sherman who said that "War is Hell" but apparently so was Archibald's effort to get his pension.

At the time he fell ill, he was at Thomas Howell's who was his first father-in-law. He apparently had been sick for quite some time, including during the time he shuttled four Union soldiers who had been prisoners held near Charlotte, through the rugged mountain terrain back to Knoxville, Tennessee. Archibald became so ill he was then bedridden at Thomas Howell's for about a month. He was treated by a physician for pneumonia fever and later was able to return to his unit. He was discharged in about August 1865.

Archibald returned home a broken man. He suffered from chronic catarrh of the head. He apparently every four to six weeks would suffer so severely from blood and mucous discharge that he would have to go to bed for a week or two to just recover. In approximately 1879, he began his quest to obtain a pension from the Federal government. He submitted medical affidavits, affidavits from those in the community, and still the government believed he was absent without leave during the time he was on recruiting duty to Mitchell County and when he became ill. It was a battle that he wouldn't win in his lifetime as he died 31 July 1886. He is buried in a private cemetery south of Bakersville, Mitchell Co., North Carolina.

His widow, Sarah, continued on with the battle to obtain the pension. She obtained affidavits from Archibald's brothers who served in Knoxville with him, some from family members who remember his falling ill in the spring of 1865, and even went as far as to contact the four Union soldiers that Archibald had shuttled through the mountain passes. Apparently he had kept in contact with at least one of them and that individual forwarded on the information to the other former prisoners of war. And the genealogical gold mine for me in the pension documents was the affidavit from a James C. Howell who claimed he was the brother of Archibald's first wife and gave a death date for Jane of November 1862. Another document told of Sarah's first husband, Reuben Silver and his untimely death from a lightening strike in 1858. Yet another listed the four minor children of Archibald and Sarah. Finally, after a lengthy struggle, Sarah did receive a pension for Archibald and it continued until her death in 9 April 1912. She is also buried at the McNeill cemetery with Archibald.

Children of Archibald McNeill and Jane Howell:

Robert Nelson b. 29 Oct 1858 (my ancestor)

Elizabeth b. ca 1861


Children of Archibald McNeill and Sarah Ann Sparks:

Laura b. 1865, believe she married a David Nelson Howell (grandson of Thomas Howell above)

Ella b. 5 Jul 1866, married Dock William Greene, d. 25 Aug 1956

Julia or Ilia b. ca 1867

Thomas b ca 1869, d. before 1880

Archibald R. b 1869, married Harriet Stewart, d. 1947

Johnson L. b May 1871, married Alice Turbyfil, d. 6 Sept 1960

Minnie Alice b. 6 Apr 1873, married Robert Vance Wilson, d. 8 Nov 1937

William Lincoln b. 13 Dec 1875, married Laura Alice Morgan, d. 20 Jul 1962

Lily b. 1877

Rosa Magdalene b. 30 Feb 1879, married Chester B. Morgan, d. 2 Dec 1957

George Decatur b. 29 Apr 1881, married Laura Buchanan, d. 7 Jan 1963




Sources:

"U.S. Civil War Soldiers and Profiles" Database. Ancestry.com. 2009, entry for Archibald H McNeill, enlisted 8 Mar 1862, North Carolina citing "North Carolina. Division of Archives and History. North Carolina Troops 1861-1865 A Roster. 14 vols. Raleigh: University Graphics, 1993."

Civil War Pension application: Archibald H McNeill, National Archives and Records Administration

Bailey, Dr. Lloyd R., "Heritage of the Toe River Valley, Vol. 1" 1994