Cherokee County AlArchives News.....‘Belltree’ Smith: Finding the man in the legend March 19, 2002 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: W. Stephens wend901@charter.net May 13, 2005, 4:42 pm The Rome News Tribune, Rome, GA March 19, 2002 ‘Belltree’ Smith: Finding the man in the legend By Bobby McElwee BOB SMITH GREW UP under circumstances that were bound to have had adverse influence upon him. Perhaps the best way to attempt to understand him is to investigate some of these conditions. Robert (Bob) Smith was born in Bluffton, Ala., on May 20, 1890. He was the oldest son of William and Alice Smith and the second among 10 siblings. Bluffton was a boomtown during Bob’s early youth but doesn’t exist now. Drive out Prior Station Road from Cedartown and approximately two miles into Alabama is where it used to be, in the center of a triangle formed by Cedartown, Piedmont and Centre. Back in 1890 it was a thriving city of approximately 8,000 residents and looked upon to be the Pittsburgh of the South. The Bluffton Land, Ore and Furnace Co. had purchased around 1, 500 acres and had great plans for its future. This company’s capital stock was valued at one million in 1890. Bluffton officials planned for a population of nearly 50,000 by the start of the 20th century. The town had the first electrical generating plant in Cherokee County, a water-works system, a newspaper, hotel, churches, a school and a post office by 1890. Many businesses were established there. Signal Land & Improvement Co. built houses, sold and mortgaged real estate and was involved with many construction projects in the area. Bluffton Cartwheel Co. manufactured all articles, large and small, made from iron. The American Arms Co. manufactured rifles, furniture, wagons, bicycles and many other products. Its main building was 220 feet long. The Sash, Door and Blind Co. and several other factories were also at Bluffton. FOUR IRON FURNACES were operating in the area by 1890. They were located at Rock Run, Tecumseh, Stonewall and Etna. These companies built houses for their employees and formed baseball teams for their enjoyment. The Bluffton Land, Ore and Furnace Co. constructed one of the finest hotels in Alabama and approximately 200 houses in 1890. The Signal Hotel, a three- storied building, hosted many dignitaries. Among them Rudyard Kipling, the famous author from England. This hotel was the first structure in the county furnished with electric lighting. The area was serviced by the East Tennessee, Virginia and Georgia Railroad. This railroad was on the main line from New York to New Orleans and all points east and west could be traveled from Bluffton Station. The depot was located near the Signal Hotel. A college, the University of the South was planned and Bluffton officials donated $500,000 to get it under way. The Methodist Episcopal Church was to have it built at a cost of between $1.5 million and $2 million. The architectural plans were compared to Westminster Abbey of England. A ground- breaking took place on April 24, 1890, with many dignitaries from all over the country in attendance. The following was extracted from the Bluffton Mascot newspaper dated June 5, 1891: “The shape of Cherokee is not unlike a finger, a finger of destiny seeming to beckon people to come hither; observe our resources and advantages, partake of our clear healthy spring water, admire our glorious scenery, bask in our delightful climate, gaze with awe and admiration upon our solid mountains of iron ore, admire the splendid farms and fields of cotton and then say if the county of Cherokee is not one of richness and promise. The finger of destiny says to all come hither and see for yourselves.” BLUFFTON WAS the site of at least two churches, the Methodist Episcopal Church and the Salem Baptist. Salem Baptist is still active today. It was founded in the 1850’s. The original wooden structure was replaced in 1947 with a masonry one and in 1955 additional rooms were added. Its latest remodeling occurred in 1974 when restrooms were added. The Salem church has supported missions and other good causes throughout its existence. In the 1890s Bluffton seemed on its way to becoming one of the most important cities of North Alabama. Then misfortune struck. The ore fields did not meet hoped-for expectations. The ore was of a poorer grade than that found near Birmingham and there was less of it. The foundries shut down, the college was not built, jobs became scarce and people followed the jobs. Without a sufficient number of customers businesses began to fail. The dreams faded and so did the towns of Bluffton, Tecumseh and Etna. Bob Smith was born during the height of Bluffton’s boom and as he grew he witnessed it demise. Robert’s father, William A. Smith, is still a man of mystery today. Accounts range from, he was a kind and loving man to tales of the bizarre. It is well documented that under normal circumstances he was thoughtful and giving. He was a land owner, farmer and businessman who became a legend because of his mannerisms. He protected his property zealously. THE FOLLOWING was written by Edna Smith Stephens, a family member who has spent years searching for the true story of Will Smith. Everything within this writing comes from data gathered by Edna and her sister Shirley Smith Dowdy. “Many stories have been written about Will Smith. These stories have been highly exaggerated, according to family members who personally knew him. He was a good businessman and generous to people in lack of the basic necessities. When a family was in need he would provide food as well as money. He was called upon to mediate disputes between his neighbors. According to many he had a striking appearance, he was a tall, handsome man with black hair and blue eyes. He bothered no one. However, when confronted with a fight he never backed down. The stories about Will must be taken with a grain of salt and not necessarily believed.” Will Smith gained the nickname “Belltree” by hanging a bell with a ringing rope from the limb of a large oak tree. This was done in order to sell whiskey without the customer knowing who the seller was. The sale of whiskey was illegal in Alabama and this protected the identity of the seller. The buyer would place his money down, ring the bell and leave. After a while he would return and his money would be gone. Whiskey and change were in its place. The word got around and since the location was on his land, Will was given the nickname of Belltree Smith. This became so well known the method was immortalized in the song “White Lightning.” The whiskey sold at the bell tree was not “white lighting.” It was bonded liquor shipped by rail from the northeastern United States where it was legal. Several individuals who lived during this period told their children and they passed it on to present-day family members. The Bell Tree, also known as a blind tiger (speakeasy) was actually ran by Frances Smith Tanner (Will’s sister) as a means of supporting herself. ARTICLES HAVE BEEN written stating that a customer was killed if he did not follow the rules. Other articles have stated that Belltree held card games at the tree, killing anyone who won his money. Common sense tells one that if this were true no one would go there, thus no customers, sales or money. There is much evidence pointing to Will as a womanizer. He had two women at his home besides his wife and several women lived in cabins throughout his property. It has been said that one of the women living in his house was a servant and that the other nursed the sick. This does not, however, explain children born to them at the time. Will Smith had many friends and acquaintances in Rome. Among them were Dr. Robert Battey, Dr. William Harbin, Dr. Robert Harbin and the Berry family. The doctors were said to have spent many a day, sometimes a week or two at a time, hunting on Will’s lands. A well-known operation performed by the Harbin brothers was accomplished on Will’s land and paid for by him. It came to Will’s attention that an elderly member of one of his share-cropping families had a growth on her stomach so large that she was caring it around in a wheelbarrow. Will visited the lady and found the story to be true. He immediately sent for the Harbins, who used the kitchen table for the operation. The patient survived and lived for several years after the ordeal. A newspaper picture showing the Harbins examining the woman can be viewed in the medical section of The Rome Area History Museum. MUCH HAS ALSO BEEN written stating that Will had killed, depending on the article, various numbers of men. The only killing of which documentation has been found is that of Joseph Hackney, for which he was tried and acquitted. This writer remembers as a youth listening to elder family members talk about two men Will supposedly killed. The story goes as follows: An elderly black couple lived on Belltree’s land. One day two drunken hunters came to their house. The men ordered the woman to cook them something to eat. She told them all right but that her husband would have to go outside and get her some wood for the stove. They told her husband to go and he did. The intruders sat down at the table and began to drink more whiskey. The women began to prepare to cook. After a while when the husband did not come back, one of the men said, “He has gone for Belltree.” They jumped up and went out onto the porch. At this time the husband and Belltree were approaching the house. One of the drunken men raised his shotgun and fired. Belltree drew his pistol and shot the man between the eyes. The other then started to shoot but was killed before he could. This story may or may not be true and I am sure if it is true that it was embellished from what originally happened. True or not it makes a good story, doesn’t it? It is far more believable than other poorly researched stories written about Belltree Smith. William Anderson “Belltree” Smith was without formal education and yet he ventured into several businesses, some generally reserved for the educated. His charcoal pits furnished the blast furnaces in the area the charcoal they needed to operate. He raised and sold oxen, goats, milk cows, steers, and pigs. He used sharecroppers on his farm lands to raise cotton and other crops. He lent money as in fact a one-man loan company. He imported whiskey for the bell tree. His ventures supported many families who worked for him. WILL SMITH RECOGNIZED the handicap a lack of education had placed on him and made sure that his children went to school. He ensured that they were properly clothed and that their other needs were met. A man such as described in the previous paragraphs is bound to create enemies and Will Smith had more than his share. Despite being a man of means he was never written about in newspapers of his day except in a degrading manner. Even his death was reported in so many distorted ways it is hard to tell truth from fiction. The one which appears the most often and is told by family members is as follows: On August 16, 1908, Will attended an all-day singing near at New Bethel Church in Borden Springs, Ala., the day on which the killing occurred. An encounter between Will Smith and the Chandler brothers ended with Will Smith being shot in the head. Will Chandler owed Will Smith money and was ask to pay his debt. One of the Chandler brothers hit Will Smith from behind with a rock, and while he was disoriented Will Chandler shot him in the head. Will Chandler was tried for the murder of Belltree. The jury found him guilty but he never served even a day of his sentence. Gov. B. B. Comer (who was rumored to be kin to Chandler) immediately gave him a full pardon. Although William A. Smith was well off financially and respected among the general populace, he was not accepted by Alabama’s upper echelon, the so-called in-crowd of the day, who called him a desperado. It is obvious many were glad he was dead. THE FOLLOWING WAS extracted from the Cleburne News of September 26, 1908. “Will Chandler was placed on trial here last Wednesday evening for the killing of Will Smith, the famous Bell Tree desperado, which occurred several days ago at Borden Springs. The jury, after having been out only a few minutes, brought in a verdict of manslaughter, and placed his sentence at one year in the penitentiary. Within 30 minutes after the jury rendered its verdict, all the jurors, solicitors and the judge had signed a petition asking the governor to grant him a pardon.” Does this not smell of a pre-arranged setup between the governor, judge, solicitors and others? Justice was truly blind in this case. William Siglin, justice of the peace, was assigned as executor. He listed the following as the estate and reported it to probate judge, the Honorable Jos. L. Savage; as such: Three horses, five mules, four milk cows each with calf, 10 yolk of oxen, one yoke of yearling, two yearlings, 140 goats, eight hogs, one buggy, two coal wagons, one lot of farming tools and 1, 060 acres of land more or less. Siglin also reported that he had collected some debts owed Will, sold some of Will’s property and deposited cash left by Will in the bank. This amounted to $10,859.36, a sizable amount of money in 1908. The 160 acre homestead, including the house in which Will’s family was living was exempt from the state tally. Will owned 1, 045 acres clear and was half owner in another 175 acres at the time of his death. THE ADMINISTRATOR, William Siglin, also stated in his final report to the court that, “Amount of claims against the estate still unpaid, nothing.” It has been said that Will had bank accounts in other counties not found by the state administrator. True or false, no one alive today would know. Will’s oldest daughter Minnie Brown was later given guardianship over all minor children. She was responsible for the control of their funds until they could be awarded non-age status, which proclaimed them as responsible adults. She saw to it that each of her siblings received their complete inheritance and kept nothing extra for herself. Minnie, as her father had, understood the importance of an education and saw to it that her minor brothers and sisters continued in school. All of the previous events were bound to have influenced the manner of man Robert “Bob” Smith was. The many ups and downs, the lack of respect for his family, his own grandmother and other family members, the general attitude of people he was surrounded by no doubt helped determine his character. Bob was just shy of his 18th birthday when his father was killed. He was said to have his father’s concern for those in need and continued to address the needs of his workers and friends. He tried to continue his father’s businesses but apparently fell short of possessing his father’s overall talents. He leased oxen to a coal mining company in Tennessee, farmed and raised livestock. Bonded whiskey was no longer available so he and his brothers began to make and sell moonshine whiskey. They also began to mine the iron ore. BOB GOT INTO TROUBLE with the law early in life. He was charged with murdering Jesse Himison in January 1910 and found guilty of manslaughter in the first degree, he was sentenced to five years in the Alabama State Penitentiary. No details could be located concerning this killing, except family members said the victim was a black man. The judge declared, “The defendant is of the white race, male sex, age 19 years, that he is a farmer by occupation, his health is good, that he can read and write, was born and reared in Cherokee County, Ala., and was never before convicted of a crime.” The judge also suspended the sentence pending an appeal due to questions of law arising during the trial and set bail at $3,000. Bob turned down the offer to appeal and was sent to prison. He was paroled after serving three years of the sentence. Robert “Bob” Smith married Marilda Belle Ferguson on July 28, 1914, and they moved into one of his father’s houses. Family hearsay is that it was a shotgun wedding. They were blessed with five children: George, Lizzie, Viola, Frances and William. Lizzie died at the age of 12 and is buried at Jackson Chapel Cemetery in Polk County, GA. On February 1, 1915, Bob was charged and pleaded guilty to selling liquor. He was fined $50 and sentenced to six months hard labor for the county. The hard labor was suspended until the next term of court. He never served the hard labor. Bob was charged with several offenses in the following years. The fourth day of August 1915, the court ordered that case number 2070 (indictment for assault with intent to murder), case 2100 (carrying a concealed weapon), case 2635 (selling liquor) and case 2636 (selling liquor) be discharged from prosecution. THE LAST CRIME Robert Smith was charged with led to many years of hardship and anguish for his wife and children. It led to them losing their home and livelihood, leaving his wife Marilda Belle with small children and no means to support them. She moved to Cedartown and acquired a job with the Goodyear Mill there. Try to image this woman, who had been well off in Alabama, now having to work six days a week with 12 hour shifts. As many others had done she rose to the challenge and did what was necessary to raise her children. On July 25, 1917, Bob Smith, Charley Smith, Bose Hudgins and James Fortenberry were charged with murdering Joe Moore. Bob was found guilty with the jury recommending mercy. He was sentenced to life imprisonment but was given a motion for a new trial. This crime must have taken place in Georgia as it was tried in Cedartown. While in the Polk County jail awaiting a decision on a new trial, Bob was passed a pistol and used it to escape. His wife later admitted to family members that she had given him the weapon. She said, “I hid it in a coffee pot.” This writer can not help but wonder: Did Bob Smith remember the injustice that had taken place at the trial of his father’s murderer? Did he decide that he was condemned even before his trial began? This could explain his attempt to escape. The escape did Bob only harm as he was soon captured and his appeal for a new trial was then denied. Had Bob received a new trial with a change of venue his chances for acquittal were good, as no real evidence was ever presented to prove his guilty. The first trial verdict was arrived at primarily from hearsay evidence. No one testified as to having seen the crime occur. The only physical evidence was an ax. After the crime, the sheriff had gone to Bob’s house to investigate. He asked Bob’s wife if he could look around. She answered, “Look all you want to. We have nothing to hide.” The sheriff saw Bob’s son George (age 9) out in the yard playing with an ax. He asked the child, “Where did you get the ax?” George said, “Down at the spring.” THE AX WAS SAID to have blood on it. Bob’s lawyers could have argued that anyone could have thrown it there and that there was no proof that the blood was even human, but they did not. Reading the transcript of the trial makes it obvious that Bob’s lawyers did a poor job of defending him. Bob was sent to prison in Bartow County, in 1918, where he became a barber and photographer. In 1925, Bob sent word to his wife to sell everything she could and raise as much money as possible. The story is told that the warden was paid off and one day Bob just walked out of the prison. He was not reported missing for days. It would have been easy for the law to find him, as he went home and stayed for a week. One day Bob told his wife, “I am going to Esom Hill and take a train to Texas to start a new life. I will send for you later as soon as I am settled.” His wife Belle later said, “I gave him a wad of money big enough to choke a horse and he left with Dan Hopkins.” The mystery of his disappearance is still talked about today. People with Dan Hopkins at the time of his death said Dan had confessed to killing Bob Smith. Others said this was not true. The truth may never be known. Bob left his family and no contact was ever again made with them. Other than rumors his leaving was the last known of Robert “Bob” Smith. His wife lived to the age of 96 and never gave up hope that one day he would come for her. (The Rome News Tribune, page 3, Sunday, March 19, 2000) File at: http://files.usgwarchives.net/al/cherokee/newspapers/belltree151nw.txt This file has been created by a form at http://www.poppet.org/alfiles/ File size: 21.2 Kb