Newhanover-Beaufort-Anson County NcArchives Obituaries.....Ashe, Judge Samuel 1898
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Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 February 16, 2008, 3:52 pm

Charlotte Daily Observer
26 Mar 1898

Credit Where It Is Due - The True History of the North Carolina Judge Who Was 
Killed by a Turkey.

Under the title of "Man Killed by a Turkey" I find the following in the New 
York Sun, credited to the Kansas City Journal:

"Judge Samuel Ashe of the first North Carolina Supreme Court, was killed by a 
turkey gobbler. One day, after he had become very old and inform, he was 
placed in a chair under the shade tree in his yard. A red cap protected his 
ancient noddie from the attacks of the flies, and his comfort was so well 
provided for in every way that a sweet slumber stole upon him, and caused him 
to nod. A large turkey gobbler, which patrolled that precinct, mistaking this 
for a challenge, immediately gave battle. On a sudden the judge's sweet 
slumbers were broken by the flap of hostile wings, and ere he could collect 
his scattered senses a well-directed spur smote him in the temple, and he fell 
down and gave up the ghost."

We have heard that pumpkin custards are unknown in Kansas, as, owing to the 
fertility of the soil, the parent vines run so fast the little pumplins are 
dragged to death. We have always regarded Kansas as an agricultural and 
grasshopper region, seldom from an intellectual point of view.

North Carolina history cannot be squashed or lightly hopped over by our 
bucolle friends in Kansas. Out traditions are crystallized; our legends 
are "entombed in amber."

It is such an uncommon thing for the judges of the Supreme Court to fall down 
and give up the ghost at the blow of a turkey's spur, that we must give credit 
where it is due. Wheeler's History of North Carolina states that "Samuel 
Spencer and Wm. Thomas were members from Anson County to the first Provincial 
Congress at Newbern, August, 1774 (which was the first movement of the people 
as a State, adverse and opposed to the royal government); Samuel Spencer was 
appointed with Waightstill Avery, from the Salisbury district, on the 
Provincial Council of Safety, which was the real executive of the State during 
the interregnum between the abdication of Gov. Martin (the royal Governor) in 
1775, and the ascension of Richard Caswell, the Governor, under the 
constitution of 1776.

"The character of Samuel Spencer belongs to Anson County. His talents were 
appreciated by the country, for he was associated in its defense in both a 
civil and military character. Under the colonial government, he was clerk of 
the court for Anson County, an office of much profit.

"His conduct appears to have given offence while in the discharge of his 
duties, as will be seen by the petition of Solomon Crofts and others.

"Samuel Spencer was one of the three judges of the Superior Courts, first 
elected under the constitution (1777). He was in the convention assembled at 
Hillsboro in July, 1778 to deliberate upon the Federal constitution; was its 
active and able opponent, and contributed greatly to its rejection in that 
body.

"He died in 1794. His death was caused by a most singular circumstance. He had 
been in ill health, and was in the yard, sitting in the sun. A large turkey 
gobbler was attracted by some part of his clothing, which was red, for which 
color turkeys have a great antipathy.

"The turkey attacked the judge most furiously, and before assistance could 
rescue him, so severely was he injured that he died in a short time from the 
injuries."

The approaching festival, May 20th, in Charlotte, revives interest in earlier 
days, and those who figured therein.

E.H.C.


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