Southampton-Nansemond County Virginia USGenWeb Archives News.....Homicide, 1877 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ William H. FULLER, murdered near Boykin's Southampton Co., 24 Dec 1877; James Lemuel SMITH & son Etheldred Joseph SMITH, arrested, Nansemond Co., 28 Dec 1877; James Lemuel SMITH, convicted & sentenced, Jerusalem, 8 May 1878 "Alexandria (VA) Gazette," Dec. 27, 1877 (Vol. 78, No. 306) p. 2, col. 6 Letter from Richmond. Christmas in Richmond-Rumored Disagree ment between Gov. Kemper and Gov. Holli day-The Latest Gubernatorial Dinner-The Programme of the Inauguration Ceremonies -A Horrible Murder in Southampton co. [Correspondence of the Alexandria Gazette.] RICHMOND, December 26, 1877. [...] Intelligence was received here to-night of a most horrible murder near Boykin's Depot, Va. Mr. Wm. H. Fuller, a prominent citizen of South- ampton county, had a turkey blind a few miles from his house, and went to it on Monday. He did not come back, and his wife feeling uneasy sent a neighbor for him. He was found near the blind Christmas day with his head blown from his shoulders and a dagger sticking in his breast. The assassin left in such haste that he forgot to take his gun with him. No clue to the villain. [...] "Alexandria (VA) Gazette," Dec. 29, 1877 (Vol. 78, No. 308) p. 2, col. 3 News of the Day. [...] Lemuel and Ethelbert Smith, father and son, were arrested in Nansemond county, yes- terday, for the murder of Wm. H. Fuller on the 24th instant, while the latter was hunting wild turkeys, near Boykin's Depot, Va. The son has made a full confession, and says his father shot Fuller twice. The prisoners were examined and committed to the Suffolk and Portsmouth jails for trial. Revenge was the cause of the murder. p. 2, col. 4 Letter from Richmond. [Correspondence of the Alexandria Gazette.] RICHMOND, December 28, 1877. [...] Information was received here to-day of the arrest by detective John Wren of a man and his son for the murder of Mr. W.H. Fuller in Southampton county, an account of which ap- peared in the Gazette. The information is contained in a brief telegram which simply states that the arrest has been made and that one of the parties has confessed that the mur- der had been done through malice. Dur- ing the present week Virginia has furnish- ed to the newspapers as many murders as a small sized Chicago town could muster. There have been several attempts at murder here, but so far none have been successful. [...] The Southampton Murder. BOYKIN'S, VA., Dec. 28.- A Richmnd de- tective arrived here this morning, and, after making some investigations, arrested James L. Smith and his son, Ethelred J. Smith, on the charge of being the murderers of Mr. Fuller, several days since. The younger Smith subse- quently made a full confession. He states that he and his father went to the turkey blind for the purpose of shooting turkeys, and had been there only a few minutes when Fuller made his appearance. A dispute arose between the elder Smith and Fuller about the ownership of the blind. The lie passed between them, and Smith shot Fuller in the right breast with a small pistol, and followed it immediately with a full load of buckshot to the head. They then left for home by a circuitous route. Both the parties have been examined and fully commit- ted for court. "The (Richmond, VA) Daily Dispatch," Sat., Dec. 29, 1877 p. 1, col. 3 THE LATEST NEWS. Further Details of the Shocking Crimes in Southampton County and Farmville. THE SOUTHAMPTON MURDERER. - Detective John Wren telegraphed here yesterday that he had arrested the murderers - father and son - of Mr. Fuller, and that the son had confessed. [...] p. 3, col. 3 THE LATEST NEWS. Further Details of the Shocking Crimes in Southampton County and Farmville. THE MURDERERS OF MR. W. H. FULLER ARRESTED BY A RICHMOND DETECTIVE; CONFESSION OF GUILT; THE PARTIES IN JAIL - FUNERAL OF W. H. KENNEDY; THE CORONER'S INQUEST AND VERDICT; KENNEDY REGARDED INSANE - EXPLOSION OF THE BOILER OF THE TOW-BOAT PULASKI NEAR NORFOLK; ENGINEER AND FIREMAN BADLY SCALDED - FIRE IN THE MANSION HOUSE AT TROY, N. Y. - THE LATE NETTER FAILURE IN NEW YORK - THE ALABAMA INTEREST - SENATOR PATTERSON'S HEALTH IMPROVING - THREE CHILDREN BURNED TO DEATH - FROM THE INDIANS AND THE MEXICAN BORDER - THE TENNESSEE STATE DEBT - THE NEWS FROM FOREIGN PARTS - NEGOTIATIONS FOR PEACE BETWEEN TURKEY AND RUSSIA, &C. [...] The Southampton Murder. ARREST OF THE MURDERERS AND A FULL CONFESSION OBTAINED - A MOST REVOLTING CRIME. [Special telegram to the Dispatch.] Boykin's, December 28.- John Wren, a detective from Richmond, arrived here at 1 o'clock this morning for the purpose of working up the Fuller murder, of which I telegraphed you a few nights ago. Wren left here about 3 o'clock, after arranging his plans, and proceeded to the residence of James L. Smith and Etheldred J. Smith, his son, three miles from here. Young Smith lived about three hundred yards from his father's residence. Both parties were arrested simultaneously, Detective Wren arresting the younger and Constable Caroon the elder Smith. The younger Smith, after being in the custody of Mr. Wren about half an hour, made a full confession, giving all the details of the murder. He states that he and his father went to the turkey-blind for the purpose of shooting turkeys, and had been there only a few minutes when Fuller made his appearance. A dispute arose between the elder Smith and Fuller about the ownership of the blind. The lie passed between them, and Smith shot Fuller in the right breast with a small pistol, and followed it immediately with a full load of buckshot in the head. He then remarked to his son, "D-n him, he is dead at last, and I am d-d glad of it. He won't bother me any more." They made no attempt to conceal the body of their victim, but went home by a circuitous route. The preliminary examination was held before Justice D. H. Kindred, and both parties were committed to jail on the charge of murder in the first degree - the elder Smith in the Portsmouth jail and the younger to Suffolk jail, the jail of Southampton not being considered secure. Great praise is due to Detective Wren for the prompt and efficient manner in which he worked this case up. It is entirely owing to him that young Smith made the confession. [...] "The Virginian" (Norfolk, VA), Jan. 3, 1878, p. 3 [typos corrected] SOUTHAMPTON CO. PARTICULARS OF THE LATE MURDER Arrest of the Supposed Assassins, James Lemuel and Etheldred Jones Smith They are Exam'ed and Committed for trial Statement of the Smiths As has been previously stated, the dead body of William H. Fuller, of Southampton county, was found at an early hour last Tuesday morning lying in the woods near a turkey blind about four miles from Boykins on Tarara Creek, near where it empties into the Meherrin river. The Spot is about one hundred yards from the North Carolina State line. A coroner’s inquest was held in the course of the day. The body presented a shocking spectacle. The whole top of the head had been shot off, a wound disfigured the right breast, and the unfortunate man’s clothing from head to foot was burned to tinder. Close by the corpse was the fatal turkey blind which had concealed the unknown assassin. This was a sort of pen of poles, eight feet long, three or four feet wide and about three feet high. On Wednesday the remains of the murdered man were removed to Suffolk by his brother, Mr. J.W. Fuller, Seaboard and Roanoke Railroad Agent at that place. There they were buried. Suspicion pointed to the SMITH, FATHER AND SON, who resided on a farm adjoining that occupied by the deceased. Their names are James Lemuel Smith and Etheldred Jones Smith. They had been somewhat at variance with Mr. Fuller and the elder Smith was remembered to have been heard to make some indefinite threats against him, which, though passing at the times as the empty vaporings of a bully. Now rose up in men’s minds laden with grim significance. The Elder Smith had come to the scene of the murder on the day following its occurrence, towards the end of the coroner’s inquest, but slunk away with a guilty air, upon a remark of some bystander, that if the author of the crime were know he would be hanged then and there to the nearest tree. The brother of the deceased telegraphed from Suffolk to MR. JOHN WREN, detective of Richmond, to come and work up the case. Mr. Wren, accompanied by Mr. Fuller, left Suffolk by the midnight train, arriving at Boykins about 1 o’clock yesterday morning. Without stopping for rest or refreshment, they immediately waited on David H. Kindred, Esq., Justice of the Peace, who at once took the necessary steps for securing the arrest of the suspected parties, and accompanied the posse in person. Messrs. Wren and Kindred started for the residence of the Smiths on foot shortly after 3 o’clock a.m. With them went Mr. Peleg Caroon, constable of Boykin’s district, and the following guard: A. Knight, S.J. Harris, E.H. Grizzard, E.R. Darden, James P. Darden and M.J. Knight. The tramp though THE DENSE DARKNESS in the raw morning air, was by no means agreeable, and it was nearly daylight when the party arrived, after their tiresome journey across swamps and through old fields and lonely woods. The houses of the Smiths, father and son, are in sight of each other and not more than 100 yards apart. Here the arresting party separated, Mr. Wren and Jas. P. Darden going to the door of the younger Smith while Mr. Caroon and the others surrounded the house of the elder. The Smiths were both apparently in bed when aroused, as they came each to his door in shirt and drawers. Both seemed greatly agitated when taken into custody. The younger Smith was handcuffed, but almost immediately MAD A CONFESSION of his participation in the tragic taking off of Mr. Fuller, where upon the handcuffs were removed from his wrist to those of his father. The elder Smith stoutly avowed his own entire innocence of any crime whatever, and made no statement relative to the murder. In fact he was not at first informed of the cause of his arrest. The prisoners were marched to Boykins and placed under guard in a room at the hotel. A preliminary examination was held at Boykins at 11 o’clock yesterday morning before Justice Kindred. J.B. Prince, Esq., commonwealth’s attorney for Southampton County, and Captain John H. Wright appeared for the prosecution. The prisoners had no counsel. MISSES ANNE E. SIMMONS AND RHODA SIMMONS, who lived with the deceased, were sworn and testified that they had heard Mr. Fuller express fears of being attacked by the Smiths, with whom he had had frequent misunderstandings. Mr. Fuller, it appeared, left home of Monday morning very early, and not returning by nightfall, they became alarmed lest something serious had happened to him, and accordingly sent for a neighbor to go in search of him. The daughter heard two records of firearms towards daybreak that morning, the second being louder that the first, and coming from the direction of the blind where deceased had baited for turkeys. Neither mother nor daughter knew of any threats of Smith of their own knowledge, but only by hearsay. C.L. BARTON was next examined: He had never heard Smith threaten any one. GEORGE BEALE heard the two reports of firearms, the latter louder that the former, and saw the dead body, whose appearance be described, the clothing was burned to ashes, yet there were no signs of fire upon the ground where the body lay; he had never heard Smith threaten Fuller; Fuller was in the habit of hunting turkeys off and on for years; Fuller’s gun and pocketknife were lying by his side; there was a small cut on the right breast; saw no indications of a scuffle; the body was just at the turkey blind; the blind was about three feet high; Fuller’s feet were within eight inches of the blind, and the body lay extended from it as if someone had shot him from inside the blind; after the corpse was discovered a pen was made around it until the coroner’s inquest; the elder Smith had got mad with Fuller last spring for telling Tom Britt about some of Mr. Myrick’s timber, which had been hauled away from his low grounds, stating that he had tracked the timber to Smith’s house; witness lives near Fuller’s house. ROBERT ANDREWS testified that he saw two men last Monday morning, whom to took to the prisoners, passing from the direction of the place of the homicide; one, who carried a gun, was about the size of James L. Smith; they came around through the swamp up a lane around on the back of witness’ house to the front of the house; the nearest way from the blind would have been by Mr. Fuller’s house; my impression was that it was Smith and his son; Mr. Fuller told me Smith had been on Myrick and Darden’s land and got some timber, and that he had told Tom Britt; I hardly ever see Smith, though we do not live far apart; Fuller was a quiet peaceable man; I know nothing about Smith, he is peaceable as far as I know; I would say Smith was the man I saw; He was within 400 yards. ROBERT JOYNER, testified that he saw two men shortly after the homicide whom he took to be the Smiths, coming from the direction of the turkey blind; was within a half mile of his home. J. STORY was sworn and stated that he was sent for by Miss Anne Simmons last Monday night; was not at home; went to Fuller’s after dark; went over the creek and got George Story and Mr. Ridley, and next morning, went to the creek near the blind and found Fuller lying there with one side of his head shot off; Fuller’s family told him Mr. Fuller said he was going to the turkey blind; the clothes on the upper part of the body were burned to ashes; saw tracks inside the blind; the sun was about an hour high; Fuller’s gun lay there loaded; a loaded pistol was in his pocket; his knife was shut up; no signs of a scuffle; his impression was that Fuller was shot from inside the blind, without a moment’s notice, when close by; Smith and Fuller were not friendly; cause was something about some timber missing from Myrick’s low grounds and carried through Fuller’s field last spring; Fuller felt uneasy and saw Myrick about it; had seen them talk since, but there was a grudge between them; the blind was on Nat Ridley’s land; Fuller lived on George Darden’s land; the blind was with a mile; heard no guns Monday morning; saw a ball hole on the right side of Fuller’s breast; never heard any threats or words, but heard Smith say he didn’t like Fuller; the first time after the murder I saw Smith was when he came up during the coroner’s inquest; I live nearly between Smith and Fuller; am friendly to both and visit them; Fuller’s feet were within six inches of this blind; saw tracks of two different sizes; worked with Fuller last year; it was generally known Smith and Fuller didn’t like each other. GEORGE STORY was sworn: A little after 6 o’clock Monday morning heard reports from where Fuller’s body was found; Fuller had time to go from his house to the blind before the reports; traced tracks of a No. 9 shoe to west side of Ridley’s farm; couldn’t conceive what burned Fuller’s clothes; clothes were all burned to tinder; no signs of fire were perceptible around the body; the witness then examined James L. Smith’s foot and stated that the tracks he saw corresponded with it; lives in Smith’s neighborhood; he is a peaceable man. ETHELDRED JONES SMITH, one of the accused, and son of James L. Smith, was then sworn; He said that on Sunday night his father wanted him to go next morning and set for turkeys; he had no gun having sold it to Frank Boone, but he procured the gun and went with his father as directed; got under the blind, while his father sat against an old pine outside; Fuller came up and accosted witness with "good morning" to which salutation he replied, and said if it was Fuller’s blind he would get out; asked Fuller if he had baited for turkeys; Fuller answered "no", and then said "yes," when his father said "that’s a d_d lie," Fuller retorted, :if there is any lie, you told it," then heard two reports of firearms; a pistol and shot gun, and Fuller fell; thins his father fired the shots; his father then said "I’ve got him; let’s go," going away his father said he was glad the d_d rascal was dead; they then returned home by a circuitous route. COMMITED THE PRISONERS for indictment at the January term of Southampton court, and as the jail at Jerusalem is not deemed sufficiently secure, they were placed in charge of Constable Caroon and conveyed under guard by last evening’s express train to Suffolk, where Etheldred J. Smith was delivered to Sergeant of Police Rawls for confinement in Nansemond County jail. James L. Smith was brought on to Portsmouth and lodged in the Norfolk county jail. Just as the train reached Portsmouth the elder Smith made a statement to the SPECIAL REPORTER OF THE VIRGINIAN, in which he accused his son of the murder, and asserted his own entire innocence of the crime. He said he and his son went Monday morning to look up a yearling belonging to William Joyner. They went and returned by a circuitous route, as that was the yearling’s range. They took their guns, not to shoot turkeys, but to kill the yearling if necessary. They were to give Joyner one side of the yearling and half the proceeds of the skin. The elder Smith stopped 300 years from the turkey blind and his son went on towards it. The father heard two reports of a shot gun, and soon after his son came to him and told him he had killed Fuller. He declared that his turkey caller would be found near the old cypress where he stood, and that his gun was at his house with neither barrel discharged. He expressed a wish to retain Col. D.J. Godwin as his counsel. The elder Smith is 49 years old. His son will be 24 in January next. William H. Fuller, the murdered man, was about 45. We forbear comment upon the sad spectacle presented by this MUTUAL ACCUSATION of father and son, each charging the other with the highest crime know to the law. It is to be hoped that the horrible mystery will be truthfully unraveled, so that justice may be done both to the accused and to society. Much credit is due to Mr. John Wren, of Richmond, for his prompt and successful working up of the case. Although a young man he had already attained a national reputation in his specialty as a detective. Our thanks are due to Justice Kindred, Messrs. Caroon, Darden, and other for facilities extended to our reporter. "The (Richmond, VA) Daily Dispatch," Mon., Jan. 21, 1878, p. 3 col. 3 SATURDAY NIGHT'S TELEGRAMS. THE TOBACCO-TAX QUESTION, AGAIN. THE OPPOSITION OF LORILLARD TO THE PROPOSED REDUCTION - EXECUTION OF A NEGRO IN PLYMOUTH, NORTH CAROLINA, FOR MURDER - TRIAL OF THE SMITHS, THE SOUTHAMPTON MURDERERS - A YOUTH THROWN FROM A HORSE AND KILLED - DEATH FROM ASPHYXIA CAUSED BY COAL-GAS - GOVERNOR TILDEN'S ALLEGED UNPAID INCOME TAX - FOR AND AGAINST REMONETIZATION OF SILVER - THE BOSTON SHOEMAKERS' DEMONSTRATION - MEMBER OF THE HUNGARIAN PARLIAMENT CONVICTED OF HIGH TREASON - SUIT AGAINST OFFICERS OF THE SOUTHERN MARYLAND RAILROAD - NEW PACIFIC RAILROAD BILLS - THE EASTERN WAR NEWS - MORTALITY AMONG TURKISH PRISONERS, &c., &c. [...] col. 6 [...] Crimes and Casualties. THE TRIAL OF THE SOUTHAMPTON MURDERERS. [Special telegram to the Dispatch.] NORFOLK, January 19.- The trial of the Southampton murderers commences on Monday, and Sheriff Briggs arrived tonight to take up J.L. Smith, the elder, who is confined in jail in Portsmouth. Colonel D.J. Godwin, of Portsmouth, is engaged for the defence. [...] "Alexandria (VA) Gazette," Thurs., May 9, 1878 (Vol. 79, No. 103) p. 2, col. 6 Virginia News. In the County Court of Southampton county, yesterday, J.L. Smith, convicted of the murder of Wm. H. Fuller on last Christmas eve, was sentenced to eighteen years in the penitentiary. The principal witness against him was his son, who testified, says a correspondent of the Richmond Dispatch, that he and his father went to a turkey-blind for the purpose of shooting turkeys, and had been there but a few moments when Fuller came up. A dispute arose between the elder Smith and Fuller about the ownership of the blind. The lie passed between them, when Smith shot Fuller in the right breast with a pistol, following it immediately with a full load of buckshot in the head. He then remarked to his son: "D--n him, he is dead at last, and I am d--n glad of it. He won't bother me any more." They made no attempt to conceal the body of their victim, but went home by a circuitous route. [...] "The (Richmond, VA) Daily Dispatch," Thurs., May 9, 1878, p. 3 col. 3 TELEGRAPHIC DISPATCHES. CONVICTION OF A SOUTHAMPTON MURDERER. MEXICO'S RELATIONS "WITH THE UNITED STATES - THE FENIAN MOVEMENT ON CANADA; ORGANIZATIONS FORMING IN VARIOUS CITIES - SEVERE STORM IN TENNESSEE - INTERESTING PROCEEDINGS IN CONGRESS - REFORMED EPISCOPAL CHURCH CONVENTION IN NEW YORK - PROGRESS OF THE RODOPKE INSURRECTION - PROSPECTS OF A PEACEFUL SETTLEMENT OF THE EASTERN COMPLICATIONS - ENGLISH INFLUENCE IN TURKEY STILL PREDOMINANT - ACTIVITY AMONG THE SHIPPING IN JAPANESE WATERS, &c. [...] col. 5 The Turkey-Blind Murder. END OF THE SOUTHAMPTON-COUNTY TRAGEDY - JAMES L. SMITH TRIED AND CONVICTED OF THE MURDER OF WILLIAM H. FULLER - HISTORY OF THE CRIME - EIGHTEEN YEARS IN THE PENITENTIARY. [Special telegram to the Dispatch.] FRANKLIN, SOUTHAMPTON COUNTY, VA., May 8.- The trial of James L. Smith for the murder of William H. Fuller on the 24th of December last was concluded at Jerusalem to-day. He was sentenced to the penitentiary for eighteen years. The principal witness against him was his son, E.J. Smith, who was undoubtedly an accomplice, but testified against his father to save himself. The murder being one of the most brutal on record, the finding of the jury is hard to understand. At the time of the murder a full account of the affair was telegraphed to the Dispatch. Mr. Fuller lived about three miles from Boykin's depot, and left home at daybreak for the purpose of shooting wild turkeys from a blind which he had erected on the low-grounds of the Meherrin river, on the land of Mr. T.N. Ridley. As Mr. Fuller did not return home that night or Christmas morning a party of neighbors went in search of him and found his body a few feet from the blind, presenting a horrible appearance. A knife-wound had penetrated his right breast, a gun-shot had carried away the entire right side of his head, and his clothing was badly burned by the wadding from a gun. His gun was lying across his breast, fully loaded. On the 23th Detective John Wren, of Richmond, arrived at Boykin's, and from information received arrested James L. Smith and E. J. Smith, his son. The younger Smith, after being in custody about half an hour, confessed the murder. He said that he and his father went to the tur-key-blind for the purpose of shooting turkeys, and had been there but a few moments when Fuller came up. A dispute arose between the elder Smith and Fuller about the ownership of the blind. The lie passed between them, when Smith shot Fuller in the right breast with a pistol, following it immediately with a full load of buckshot in the head. He then remarked to his son : "D-n him, he is dead at last, and I am d-d glad of it. He won't bother me any more." They made no attempt to conceal the body of their victim, but went home by a circuitous route. Hence it is that the finding of the jury is hard to understand. [...] "The Staunton (VA) Spectator and General Advertizer," Tues., May 14, 1878 (Vol. 55, No. 34) p. 2, col. 2 CONVICTED OF MURDER.- The trial of James L. Smith for the murder of William H. Fuller on the 24th of December last was concluded at Jerusalem, Southampton county, last Wednesday. He was sentenced to the penitentiary for eighteen years. The principal witness against him was his son, E.J. Smith, who said that he and his father went to the turkey-blind for the purpose of shooting turkeys, and had been there but a few moments when Fuller came up. A dispute arose between the elder Smith and Fuller about the ownership of the blind. The lie passed between them, when Smith shot Fuller in the right breast with a pistol, following it immediately with a full load of buckshot in the head. He then remarked to his son: "D-n him, he is dead at last, and I am d-d glad of it. - He won't bother me any more." It is strange that he was not sentenced to be hanged. [...] "The Shenandoah Herald" (Woodstock, VA), Wed., May 15, 1878 (Vol. 58, No. 32) p. 2, col. 2 James L. Smith, whose trial before the Circuit Court of Southampton occupied several days, was convicted, Wednesday, and sentenced to eighteen years in the Penitentiary. He was tried for murdering [W]m. H. Fuller, at a turkey blind, last December. "The (Richmond, VA) Daily Dispatch," Thurs., May 16, 1878, p. 1, col. 1 CONVICT RECEIVED. - The sheriff of Southampton county yesterday delivered James S. Smith at the penitentiary for eighteen years for murder in the second degree. Smith was convicted of the "turkey-blind" murder, where a man named Fuller was murdered by Smith, who was lying in wait for him at a turkey-blind. [...] Additional information: William H. FULLER was quite poor and owned no real estate. He executed several deeds of trust for personal property and crop liens; some jointly with Ann Eliza SIMMONS - both tenants of Geo.H. DARDEN, 2 Oct 1876. (Southampton Co. DB32:241, 500, 591, 602-03; DB33:76) James Lemuel SMITH was rather more affluent, but it's complicated. James L. Smith appears in the 1850 Census [24 Aug], in St. Luke's Parish, Southampton Co., VA - Household 318; his father Etheldred has $800 real estate. Charles Fuller, then a farm ov er [overseer], lived nearby [Household 282], and family, [presumed son] William H. then 19, a tailor. Etheldred SMITH m. Martha TAYLOR, Nov 1827. (Southampton Co. M.Reg. 377, 686) James L. Smith appears in the 1860 Census [27 Aug], on the West Side of the Nottoway River, Southampton Co., VA - Household 389; he has $700 real estate & $100 personal estate. His mother, Martha Smith has $980 real estate & $150 personal estate. Charles Fuller, Oyster Seller, lived adjacent, with $25 personal estate, and sons William & James Fuller. Lemuel Smith appears in the 1870 Census [15 Jul], Boykins Depot Twp., Southampton Co., VA - Household 223. William Fuller was enumerated the next day, with Ann Simmons, and [her bro?] Clifton Simmons - Household 240. He is variously described as born in Virginia, So'ampton, and North Carolina. His father was born in North Carolina. Interestingly, Jas. Lemuel's mother Martha Smith did not bequeath her estate to her son, but rather, she "loned" it to his wife, Mary, in her will, dated 17 Jun 1862, proved 20 Dec 1875. (Southampton Co. WB20:173-74) Though Jas.L.'s son is given as Ethelbert and Ethelred, he was most likely named for his grandfather Etheldred; his other given name was Joseph - he appears both as Etheldred J. & Jos. Etheldred. His D.Cert. (#430 {Seaboard #16} gives as Elphridge Joseph Smith, b. 19 Feb 1854, Southampton Co., s/o Lam & Patsy Newsom Smith, h/o Virginia F. Smith, d. 14 Jun 1921, Seaboard Twp, Northampton Co., NC, bu. 15 Jun 1921, Northampton Co., NC. Virginia's D.Cert. (#159 {Seaboard #16} gives: b. Northampton Co., d/o Benett & Sandrey Stephenson [sic; d/o Bennett Edward & Cassandra Hill Stephenson], widowed, d. 17 Apr 1927, Seaboard Twp, Northampton Co., NC, bu. 18 Apr 1927, Northampton Co., NC. They m. 26 Nov 1974, in Northampton Co., NC. William H. FULLER does not appear in the {recopied} Southampton Co. D.Recs. William (b. ca. 1831, So.Co.) was buried with his bro John James W. FULLER (ca. 1843 - 1870) in a FULLER family cemetery, behind Lipton Tea, Suffolk. Nansemond Co. Miscellaneous Cemeteries, Vol. 1 (I-31), an extension of the Southampton County Historical Society {SCHS} Cemetery Project: http://files.usgwarchives.net/va/nansemond/cemeteries/nanvol1.txt His son William (1831 - 1943) is buried in Beechwood Cemetery, Boykins. SCHS Cemetery Project, Beechwood list (BE-AX2-115): http://files.usgwarchives.net/va/southampton/cemeteries/beechwd.txt Southampton Co. Court Order Book 1875-81 gives the following: 17 Sep 1877 [p. 190] [p.] 192 E.L. Story, foreman, D.W. Thomas, C.C. Ferguson, P.D. Story, L.C. Cobb, Giles Raiford, Geo. B. Pope, J.A. Councill, Richard B. Joyner, & J.G. Williams, were Sworn a Special Grand Jury of inquest for the body of the County, & having received their charge withdrew, & after Some time returned into Court & Presented, "We present A.G. Pretlow & J.R. Tyler, for Mak= =ing an assault & battery, the One upon the Other, in the Said County, on the 15th. day of September 1877, upon the evidence of Wm.H. Parker, Sworn in Court & Sent for by the Grand Jury." "We present James L. Smith for resisting James P. Darden, in the lawful discharge of his duty, as an Officer of the County on the 15th. of Sept= =ember 1877, in Said County, Upon the evidence of Said James P. Darden, Sworn in Court & Sent to the grand jury at his request." And the Said Grand Jury having Nothing further to present were discharged. / [...] [p. 195] [...] Ordered that A.G. Pretlow, Jas.R. Tyler, and James L. Smith, be Summoned to the first day of the next term of this Court to Show Cause if any they Can why Informations Should not be filed against them Upon the Presentments Made against them by the Grand Jury this day. / [page end] 21 Jan 1878 [p. 217] [p. 219] [...] Cecil C. Vaughan, Foreman, Thomas Vaughan, Joseph W. Claud, S. V. Watkins, J. F. Beaman, Junius W. Williams & A.G. Pretlow, Were Sworn a Special Grand Jury of Inquest for the body of the County, & having eceived their Charge, with= =drew, & after Some time returned into Court & Presented; An Indictment against James L. Smith, for Felony, "a true bill". An Indictment against Junius Dugger for Felony, "a true bill." And the Said Grand Jury having Nothing further to present were discharged. / [...] [p. 220] [...] [margin note] Tax $1 paid On the motion of James W. Fuller, who made Oath according to law, & together with John W. Harrison. Geo.E. Beaton, & Wm. M. Beaton, his Securities, (Who justified in Cort as to their Sufficiency,) enterd into & acknowl= =edged a bond in the penalty of One Thousand dollars, Conditioned as the law directs, Which bond is Orderd to be recorded, Certificate is granted the said James W. Fuller, for obtaining letters of admin= =istration on the Estate of Wm. H. Fuller decd. in due form. ~ [...] Ordered that James M. Corbett, R. T. Andrews, Geo.H. Darden & Edward Beaton, (Any three of Whom may act,) being first duly Sworn for the purpose, do appraise all the goods & Chattels of Wm. H. Fuller decd. and return the Appraisement Under their hands as the law directs. ~ / [p. 222] [...] An Inquisition taken before David H. Kindred, a Justice of the Peace & acting Coroner, Over the body of Wm. H. Fuller, was returned & Ordered to be filed. / [p. 223] [...] [margin note] Tax $1 paid James L. Smith who Stands indicted of Murder, was led to the bar in Custody of the jailor of this Court, thereof arraigned & Upon his arraignment Pleaded & demanded to be tried in the Circuit ["Jail to be" struck] Court having jurisdiction over this County. not guilty. ["& is remanded to trial at the next Term of the Circuit Court" struck] ["of this County." struck] & thereupon the Said James L. Smith is remanded to jail to be tried in the Said Circuit Court. / This County being Without a Sufficient Jail, the Court doth adopt the Jails of the Counties of Nansemond & Norfolk, as the jail of this County Until it Can obtain a Sufficient Jail. [...] 18 Feb 1878 [p. 228] [p. 230] [...] Deed of Trust, dated 3rd. day of January 1878, from Jas.L. Smith & wife to R.S. Thomas (Trustee) for the benefit of Godwin & Crocker, Conveying real Estate, was admitted to record, January 23rd. 1878. [...] [see DB33:234-35; Martha A.V. Smith was also a party to this deed - she is likely the daughter (b. ca. 1855) of James Lemuel & Mary M. Smith, and thus an heir to her grandmother's estate; conveyed {in trust} was the 300-acre estate Martha (Taylor; Mrs. Etheldred) Smith lent her daughter-in-law, for life, and then to pass to her children (Southampton Co. WB20:173-74); Jas.L. Smith signed in Portsmouth {where he was incarcerated}] [p. 233] / Ordered that Jas.E. Sebrell, Treasurer, of this County, out of the County levy, pay to Dr. W.P. Sebrell, Twenty five dollars, the amount of his account for Post Mortem Examination of W.H. Fuller. "/ [...] Contributed for use in the USGenWeb Archives by by Mrs. Bruce Saunders (bs4403@verizon.net), Kelly Miltier, & File Manager Matt Harris (zoobug64@aol.com). file at: http://files.usgwarchives.net/va/southampton/news/12271877ag.txt