If anyone answers, please post to list. Thanks ----- Original Message ----- From: <[email protected]> To: <[email protected]> Sent: Tuesday, November 21, 2000 11:42 AM Subject: [VASCOTT-] OSBORNE/REDWINE CEMETERY > I am curious as to the whereabouts of the Osborne/Redwine cemetery mentioned > in the previous post. Can anyone tell me exactly wherein the county St. Rd. > 613 is located or the proximity of a landmark near this cemetery? I am pretty > familiar with Scott and Russell Counties and do get up there a good bit. I am > trying to figure out if this is a cemetery that I have been to or not. > Thanks, > Cheryl > Summerville, SC > > > ==== VASCOTT Mailing List ==== > > > > ============================== > Ancestry.com Genealogical Databases > http://www.ancestry.com/rd/rwlist2.asp > Search over 2500 databases with one easy query! > >

Hi to all, I just find this post, Margaret was the daughter of Cornelius & Margaret Seymour Fugate, b. 1832. She is my great-grandmother's younger sister. Wanda Mckee Wright [email protected]

Can anyone tell me if Eric Danny Pierson has gone to trail yet over the muder of his brother Cecil lee Pierson last January 1999? Cecil Lee Pierson, born August 13, 1941 in Scott Co,. VA; died January 23, 1999 in Kingsport, Sullivan Co., TN. Notes for Cecil Lee Pierson: CLINCHPORT, Va. — Cecil Lee Pierson, 57, Route 3, died Saturday afternoon (Jan. 23, 1999) at Holston Valley Medical Center. Born Aug. 13, 1941 in Scott County, Va., he was a son of the late Samuel Pierson Sr. and Mary Hubbard Pierson. In addition to his father, he was preceded in death by a daughter, Pamela Ann Pierson. Surviving are his mother, Mary Hubbard Pierson, Clinchport, Va.; his wife, Ina Falin Pierson, Clinchport, Va.; three daughters, Tina Pierson, Duffield, Va., Kim Robinette, Clinchport, Va., and Cindy Pierson, Pierson, Jasper, Va.; one son, Josh Pierson, Clinchport, Va.; two sisters, Evelyn Sloan and Barbara Ash, both of Clinchport, Va.; brothers, Burgess Pierson, Johnson City, and Sam Pierson Jr., Clinchport, Va.; three grandchildren and several nieces and nephews. Calling hours are from 6 to 7 p.m. Wednesday at Duffield Funeral Home and other times at the residence or at the home of his mother. Mr. Pierson requested cremation. Memorial services will be conducted at 7 p.m. Wednesday in the funeral home chapel with the Rev. Kenneth Neeley officiating. Honorary pallbearers will be Randall Sloan, Larry Bledsoe and Kyle Lane. Eric Danny Pierson, born 1946. January 27, 1999, Scott Co., VA was arrested for the Murder of his brother Cecil Lee Pierson.

Thank James for the additional info! Can anyone tell us who the parents of Drayton Hale were? I have seen his name many times and always wondered how he might tie into the other Hales in the area. pat

James, Thank you for the note updating some information. After checking my records further, Henry Fugate was a nephew of Daniel Dean's by marriage (if I remember correctly)son of Francis Fugate and Anna Addington. As per Dan Dean's burial I really don't know. Wasn't the Sheriff related to Dan Dean by marriage as well? I believe Sheriff Wm C. Fugate was the grandson of William Fugate, making him a cousin to Dan's wife as well. The Franciso was George Franciso, he borrow the gun from was also related to Dan by marriage. Dan was married to Margaret Fugate born in 1832. I believe these lines tie into the Adams and Mcnutt lines, which ties into my Pierson line as well. As far as this Catherine Frazier wife of Capt. D. S. Hall, would she have been born in 1835? Wasn't she related to Joshua Daniel Frazier of Natural Tunnel, Scott Co., VA Myself, I'd like to see more history on Scott Co. Anyone out there have anything to share? I'm finding the more I dig into records, the more connections I'm finding. Thank you Jean ----- Original Message ----- From: <[email protected]> To: <[email protected]> Sent: Tuesday, November 21, 2000 10:43 AM Subject: [VASCOTT-] Addendum - Henry Fugate Murder > First, I would like to thank Jean Brand for sharing with us the saga of Henry > Fugate's murder. I have a some info on the grave site of Dan Dean which may > be of interest to any of Dan Dean's descendants. > > There is a small family cemetery, known as the Fuller/Frazier cemetery, > located on the property of my first cousin, a Frazier by marriage. In it > there are 18 readable graves and 5 unmarked garves. It is located on State > Rd. 613 on Moccasin Creek about 2 miles from Snowflake. According to this > Frazier family's lore, Dan Dean is buried in one of those unmarked graves. > They tell the story that Dan Dean, who was hung for killing Henry Fugate, is > buried in this cemetery and the family of Henry Fugate, at some time, came > and removed the headstone and threw it in Moccasin Creek beside the cemetery. > It is doubtful anyone has looked for the headstone since the water at this > place is about 12 feet deep. The unusual depth is caused by a damned up area > (site of the old McConnell Mill) on Moccasin creek about 100 yards below the > cemetery. > > I should mention that a Dan Dean is also reported to be buried in the > Osborne/Redwine Cemetery also located on State Rd. 613. This cemetery > listing was found in Vol. 4 of Phyllis Peterson's "Scott County VA Cemetery > Records." The entry says: Dan Dean (no marker) There is no reference that > it might be the same Dan Dean in the article. Also, I understand this > cemetery is a historical cemetery, where some Civil War Marauders are buried. > An article by Omer C. Addington about this cemetery was published in the > Gate City Herald on 8 Jul 1984. > > A couple of words about D. S. Hale (Capt. Drayton Samuel Hale) mentioned in > Part Four of the article. He took his family to Letcher Co., KY because of > the animosity against him as he feared for their safety in Scott County. > They returned several years later after the war. He was married to Catherine > Darutha "Ruth" Frazier. He was a well respected man who once served as > postmaster for Hales Mill which was located in his home. He was also known > for an amazing engineering feat during those days when he tunneled a hole > through a hill for water to run from Copper Creek on an upper level to a > lower level and turn the wheels of a corn and wheat mill. The tunnel and a > few reamining rocks of the dam can still be seen. It is located State Rd > 699. Go past the Hales Spring house (still standing), stay on 699 (to the > right) and it is located just before entering the property of Charlie Dean. > > James Henry > [email protected] > > > ==== VASCOTT Mailing List ==== > > > > ============================== > Visit Ancestry's Library - The best collection of family history > learning and how-to articles on the Internet. > http://www.ancestry.com/learn/library > >

The attorney who was involved with that case was Patrick Hagan (not Patrick Hogan) a very prominent attorney in Scott, Lee, Wise and Russell County. Please correct your pages. Thank you Jean

I am curious as to the whereabouts of the Osborne/Redwine cemetery mentioned in the previous post. Can anyone tell me exactly wherein the county St. Rd. 613 is located or the proximity of a landmark near this cemetery? I am pretty familiar with Scott and Russell Counties and do get up there a good bit. I am trying to figure out if this is a cemetery that I have been to or not. Thanks, Cheryl Summerville, SC

First, I would like to thank Jean Brand for sharing with us the saga of Henry Fugate's murder. I have a some info on the grave site of Dan Dean which may be of interest to any of Dan Dean's descendants. There is a small family cemetery, known as the Fuller/Frazier cemetery, located on the property of my first cousin, a Frazier by marriage. In it there are 18 readable graves and 5 unmarked garves. It is located on State Rd. 613 on Moccasin Creek about 2 miles from Snowflake. According to this Frazier family's lore, Dan Dean is buried in one of those unmarked graves. They tell the story that Dan Dean, who was hung for killing Henry Fugate, is buried in this cemetery and the family of Henry Fugate, at some time, came and removed the headstone and threw it in Moccasin Creek beside the cemetery. It is doubtful anyone has looked for the headstone since the water at this place is about 12 feet deep. The unusual depth is caused by a damned up area (site of the old McConnell Mill) on Moccasin creek about 100 yards below the cemetery. I should mention that a Dan Dean is also reported to be buried in the Osborne/Redwine Cemetery also located on State Rd. 613. This cemetery listing was found in Vol. 4 of Phyllis Peterson's "Scott County VA Cemetery Records." The entry says: Dan Dean (no marker) There is no reference that it might be the same Dan Dean in the article. Also, I understand this cemetery is a historical cemetery, where some Civil War Marauders are buried. An article by Omer C. Addington about this cemetery was published in the Gate City Herald on 8 Jul 1984. A couple of words about D. S. Hale (Capt. Drayton Samuel Hale) mentioned in Part Four of the article. He took his family to Letcher Co., KY because of the animosity against him as he feared for their safety in Scott County. They returned several years later after the war. He was married to Catherine Darutha "Ruth" Frazier. He was a well respected man who once served as postmaster for Hales Mill which was located in his home. He was also known for an amazing engineering feat during those days when he tunneled a hole through a hill for water to run from Copper Creek on an upper level to a lower level and turn the wheels of a corn and wheat mill. The tunnel and a few reamining rocks of the dam can still be seen. It is located State Rd 699. Go past the Hales Spring house (still standing), stay on 699 (to the right) and it is located just before entering the property of Charlie Dean. James Henry [email protected]

Please, anyone who may have information on these names contact me. This is my biggest Brick Wall at the present. I need to know who Rebecca's parents were, and if Sarah was part of her name. I need to know her children if there were any and a death date. Surely, there is more information in Scott County about these James names somewhere? In 1820 Levi Canter and a wife named Sarah is in Washington County, Va. with children. Is Sarah Rebecca James or a new wife? Can anyone look to see if there are James surnames in the area at that time that might link to Rebecca ? Here is the only clue I have: IN THE RECENTLY FOUND BONDS & MARRIAGE RECORDS FOUND IN SCOTT COUNTY ATTIC 1815-1820: LEVI CANTER MARREID REBECKA JAMES, DEC. 27,1815. Bond signers: LEVI CANTER, SIGNED X, JOHN JAMES, SIGNED X, BOLLING JAMES. Witness: JOHN MCHENRY. Anything Appreciated. connie knipp

In this final column on the Dan Dean case it is my purpose to give you a glimpse of the few personalities who were directly or indirectly connected with this case. The Commonwealth's attorney was Rufus A. Ayers who was later to become the Attorney General of Virginia. Judge was John A. Kelly of the Circuit Court and the County Judge was H. S. K. Morrison. I was told by the late John O. Corns, who was assisted in the prosecution that Mr. Ayers designated an attorney named Barnes as the Prosecutor in Chief, Mr. Corns was of the opinion that Mr. Barnes was one of the most talented prosecutors with whom he was ever associated in his long career at the bar, At the same time Mr. Corns was most lavish in his praise of Rufus A. Ayers and was frank to say he considered him one of the great men of Virginia. At the time of the killing of Henry Fugate the sheriff of Scott County was a man named William C. Fugate. He was succeeded in the Sheriff's Office by J. S. R. Wilhelm who as we have previously observe served on the jury at the first trail of Daniel Dean and later performed the painful task of executing the man for whose acquittal has had voted in the first trail, Sheriff William C. Fugate had his first jailor during the first trail of Dan Dean the late C.D. (Lane) Vermillion the father of our fellow townsman Isaac D. Vermillion. Mr C. D. Vermillion was a close relative and a friend of the late Captain D. S. Hale, they both joined the Union Army and they both had the distinction of voting for Abraham Lincoln. Hale was the only Scott Countian who voted for Lincoln in 1860. He cast his ballot at Peters Precinct. In that day there was no such thing as a secret ballot- the voters when his name was called named his choice most often in a loud voice. So did D. S. Hale his choice at Peters Precinct in 1860. So violent was the opposition to Lincoln that menacing threats were made against Hale almost immediately, therefore it came about that Mr Hale had to flee for his life. He betook himself to the hills and shortly afterwards went to another state and joined the Union Army. Years after the war he returned to Scott County where he lived a highly respected citizen. Mr C. D. (Lane) Vermillion voted for Lincoln in the state of Kentucky in 1864, as stated above he was a Union soldier and at the time of the killing of Henry Fugate was the jailer for Sheriff William C. Fugate, as jailor it was Mr Vermillion duty to carefully guard the fail. He was assigned the responsibility of extra caution at night, to assist him in this task he enlisted the services of a number of young men to serve as extra guards night. One of these night guards was a young man named W. D. Smith, then begin a lifelong friendship between Lane Vermillion and W. D. Smith. It was during that _______ also that W. D. Smith first became acquainted with Rufus A. Ayers and Patrick Hogan. Mr. Vermillion said Mr. Smith would always bring some books with him and at anytime he could conveniently do so he would do some of his homework. It is said this studious characteristic of W. D. Smith very much impressed Mr. Ayers, Consequently a few years later Mr. Ayers was most effective in having Mr Smith appointed Division of Superintendent of Schools which post he held for fifty one years. Mr Smith once told me that Senator Thomas S. Martin and General Rufus A. Ayers were two of the best political friends he ever had. He said General Ayers started him on his career and that Senator Martin helped him many times along the way." Roy V. Wolfe born May 19, 1891 and died Nov. 18, 1979 buried in Holston View Cemetery, Scott Co., VA. Daniel Dean was hanged in the Cedars, where now the Gate City Highschool and Foot Ball Stadium is in 1990. This article was found by Eula Mae McNutt, transcribed by Jean Brand 11-19-2000.

(Part three) ( more to come in part 4) In summing up the Commonwealth, declared emphatically it had proved the place, the time, the motive, the opportunity and possession of the lethal weapon by the accused. It was pointed out that Dean's conduct was clearly inconsistent with his innocence. Dean declared he was innocent until the very day Sheriff Willehelm said to him just before the trap was sprung, "Dan Dean" I was on the first jury that tried ya. I then thought you innocent , I now ask you, "Did you kill Henry Fugate?" Dean replied, "I'm innocent as a new born babe," with these last words he went to face his maker. For the near a century since the trail, conviction and execution of Dan Dean, a lot of gossip and loose talk had grown into a mess of legendary ______ which many have been led to believe. Like any controversial subject, the telling of the pro and con have changed from wild to more to pass for a bonafide truth- the real McCoy. >From what I have gathered in many talks over the years with old timers who were conversant with the feeling of the people for years after the event. I am led to believe that belief in the Innocence or Guilt of Dan Dean was about fifty - fifty. Logan Nuttingham, the janitor at the Gate City Court House some years ago and whose name I have mentioned heretofore, told me time and again that ever official at the Court House, at the trail and afterward believed Dan Dean was innocent. I related Logan's statement to a good friend of mine whom I knew to be a high county official a few years after Dean's passing. He was very much of the opinion that Nuttingham was badly mistaken. He said that at the time of Dean's trail and execution he was a young man, he heard part of the second trail and all of the third and land last trail. He declared to me that if he been a juror he would have voted Dean guilty. Persistent rumors and gossiping have vowed that a death bed confession of a Big Moccasin citizen years after Dean's execution, exonerated Dan Dean of Henry Fugate's murder and took the blame for the killing. After many talks with many people, I am of the opinion that such a confession never took place. I am inclined to conclude that such a happen stance was purley and simply imaginative hearsay, and adultered poppycock. I have read many times the decision handed down on the Dean Case by the Supreme Court of Virginia. I have been told by lots of lawyers that this is a gem a classic and a final word of law on Circumstantial evidence. It makes most interesting reading even for a layman. This famous opinion was written by Judge Christian, at that time a member of the Supreme Court of Virginia. In the opinion Judge Christian observes that a line of circumstantial evidence is something compared to a _______ of many links, a chain is no stronger than it's weakest link. A more fitting comparison declared Judge Christian would be a rope, a rope is made up of a number of filament or strands, which taken singly would not be strong enough to bare the stress, hot when all these filaments or strands are twisted together the rope has strength more then sufficient to bare the stress laid upon it. So the Dean case there are circumstances, which taken alone would not bear the weight of conviction, but when _______ together, and considered in their relation to each other, must produce upon the mind a moral certainty of the guilt of the accused, so reasoned Judge Christian. The ______ Judge finally disposes of the case by reiterations his belief and that of the presiding judge as well as the murder of Henry Fugate. He declared there was no error to warrant a new trail, that the judgement of the lower court was affirmed, and that Dean must pay the penalty of his crime to be hanged by his neck until dead. Never the less there are many Scott County Citizens to this day believe Dan Dean was innocent of the crime of the slaying of Henry Fugate. It happened a long time ago but the argument still continue about this and that. It is very probable if Dean were tried today he would never be executed. In all likely there would be found room for a reasonable doubt. What do you think? Was he guilty? Don't write me, write your President

Hope someone can help me with my Scott Co. relatives. CULBERTSON, Ira Otis b. July 31, 1825 d. Feb. 20, 1890. He was a preacher that performed marriage cermonies to lots of Scott Co. people. (Early Marriages of Scott Co. Book 11 1854-1893) Who are his parents and siblings? MATNEY, Mary Catherine(Polly), b. July 1829 d. Oct 12, 1885. Married Ira CULBERTSON on Apr. 2, 1837 by Robert Kilgore in Scott Co. VA. Who are her parents and siblings? These are my ggrandmother and father. Please help me find who their parents were and any brothers and sisters they may of had. Thanking you for any information. Doris

(Part Two) Henry Fugate Murder June 25th, 1877 Scott County, Virginia "The killing was the most shocking event that had ever taken place in that community, the whole countryside was thoroughly aroused and excited, everybody from near and far rushed to the Fugate home to extend whatever help they could, in this time of great troubles there was one glaring exception, Daniel Dean, who lived within half a mile of where Fugate fell, gave no heed whatever to all the hurried excitement and made no inquiry as to the cause of all the highly nervous activity. Then it was that someone recalled that Henry Fugate and his father, Francis Fugate had been witness against Daniel Dean at the January testimony had been indicted for perjury. No other person could be thought of that had any motive for ambushing and slaying a quite, peaceable citizen like Henry Fugate, was thought to be by his neighbor. Therefore it happened that a Justice of the Peace issued a warrant and Daniel Dean was arrested accused of Henry Fugate's murder on the same day the victim died. When the officers who went to arrest Dean said to him, "Daniel, we have come after you." Dean asked, "what's up"? They replied, "Henry Fugate is dead and you are charged with his murder", to this Dean made no reply but when they started to take him away, Dean asked he not be taken by Henry Fugate's home, where the latter at that time lay a corpse. Dean was taken to a Moccasin Valley home where he was placed under guard for the night. Before morning he escaped and went into the mountains, he slipped away in his under wear, barefooted and bareheaded. He was followed into his mountain retreat, arrested and brought back. At Dean preliminary trail he offered no defense, but when his case came up in the Scott County Court he offered as his only defense an alibi testified by his two sons and a bribed witness, (mentioned of previously been made). This latter witness was not used in Dean's first and second trails but was sprung as a surprise witness in the third trail. As noted previously the reaction against Dean was disastrous. There was no shred of evidence against Dean except circumstantial evidence, no human eye saw the trigger pulled to fire the deadly charge that meant death to Henry Fugate. Early in, Judge Christian's opinion in this noted case he observed that, " circumstantial evidence must always be scanned with great caution, in Capital Crimes where the issue is one of life or death this caution is particularly necessary. He then proceeded to analyze there and of the certified evidence, as to motive, opportunity conduct of the accused and as the time for the July 1877 term of the Scott County Court drew near ir was testified in Dan Dean's trail that he was most eager, over anxious to get his gun from a gunsmith, named Cleek, with whom Dean had left his gun to be changed from a flintlock type to a precession type. Dean had called and had a neighbor to call at Cleek's shop to see if the gun was ready. Having ascertained his weapon wouldn't be ready for some time, at Dean's behest one of his boys borrowed gun from a neighbor named Francisco. Dean's possession of this particular gun at the time of Henry Fugate's murder was one of the potent circumstance which ultimately led to Dan Dean's death by hanging. The weapon was of a square barrel, it had once been a "full- stocked" gun, that is the wooden stock had extended from the beech to the muzzle. When Dean got the Francisco gun however, it had been changed to "half-stocked" gun that is the wood extended only and half way between the beech and muzzle of the gun. It should also be noted that a small piece of iron was fastened to the gun barrel near the muzzle. This was a staple through the opening of which the gun's ramrod penetrated to be carried when not in use. Moreover it was proved at the trail that the Francisco gun was of and usual bore or caliber, not another gun which used a bullet of the same size was to be found anywhere. Over a very wide area, the Science of Ballasts had not been developed to a very great extent in those days. So the bullet from Fugate body was carefully weighed by one of the physicians, so also was a known bullet from the mold of the Francisco gun. The two pellets were found to be almost exactly of the same weight. Additional testimony against the Francisco gun leveled that the apparent location of where the marksman with the rifle had been when Henry Fugate was shot was found in a thicket near rge fence surrounding the field in which Fugate was plowing. The grass, weeds and leaves were pressed down into such a shape as to indicate some human had there been and also a fence rail was found an impression looking as if it had been made by a square piece of iron. Then there was also seen a nick in the rail which could have been made by the iron staple when the gun had been withdrawn, on _______ trail with the Francisco gun it was proved that the impressions and neck were one and the same. It was also ascertain that from that point there was an opening in the under_______ through which Fugate could be seen at the point where he fell. There were many other circumstances which pointed to the Francisco gun were sworn to be witnesses from the commonwealth. From this preponderance of evidence the jury was led to conclude that the Francisco gun was the weapon with which Henry Fugate was slain. It was also established to the jury's satisfaction that Dan Dean was in possession of the gun at the time of the shooting of Henry Fugate. It was testified that when the gun was sent for Dean delivered it at the time averred it would not shoot that it would not stand cocked, it was proved it had been shot the day before and that Dean knew it. It was also proved that the lock had been tampered with."

part two gets really interesting...... Anyone connecting to this line, please contact me... He's a shirt tale cousin of mine.... Jean (Part One) "The Daniel Dean Case by Roy V. Wolfe,SrOne of the most interesting cases ever to be tried in the State of Virginia, was the case of the Commonwealth against Daniel Dean, even ever tried in Scott County, Virginia. On Monday morning, June 25, 1877, Henry Fugate was shot in the back while he was plowing in a field near his home which was located about midway between Gate City and Nickelville. From the gun shot wound Mr Fugate received on Monday he died on the following Wednesday. Daniel Dean, who lived less then a mile from where Fugate lived was indicted for the murder of the latter on July 14, 1877. The case was tried three times in the Scott County Court, the first and second trials resulted in mistrials, Juries were unable to reach a unanimous verdict. On the third trial a jury was brought from Washington County. The third trial took place at the May term of the Scott County Court in 1878 and the prisoner Daniel Dean was found guilty of murder in the first degree and the Court sentenced him to death by hanging. Many years ago I had a long conversation with the late John P. Corns, who assisted in the Prosecution of Daniel Dean. Mr Corns told me he was returning to his home at Nickelville from the University of Virginia where he had been a law student, he had left the train at Mendold and was going on foot across Clinch Mountain and Moccasin Valley, in the valley he approached a dwelling where were gathered many people. Curious as to the cause for the gathering Mr. Corns joined the crowd and found they were having a preliminary hearing for Daniel Dean who was being accused of the murder of Henry Fugate. This was the first Mr Corns had heard of the killing. He was there employed by some of Fugate relatives to assist in Deans Prosecution. The Dean case theretofore was the first case for J. P. Corns, who later was to have a distinguished career at the bar. In the course of our conversation Mr Corns told me he knew the case as well or better than any case he ever tried afterwards. He also said he was as well satisfied with his speech to the jury as that to any other jury thereafter. An episode which was very hurtful to Dean's case was that of a witness provided by one of the assistance defense attorneys. This certainly a surprise witness, almost a bombshell to the ears of the Commonwealth, the witness stated that on the day before the fatal shooting he had been over in Moccasin Ridge digging for a ground hog, on returning home that night, he had found he had lost his knife, he believed he had lost it on the hill where he was digging for the ground hog, therefore he went to that place Monday morning and there found his knife. While there on the hill between eight and nine o'clock he said he head a gun shot .Immediately thereafter he looked down into the field below him and there saw Daniel Dean plowing. This time and place put Dan Dean across the hill and far away from Henry Fugate. Mr Corns said the attorneys for the state held a hurried conference, they dispatched a messenger into the Long Hollow neighborhood, where the witness lived, the runner found out the witness was at home all day the day he swore he was ground hog hogging. The state attorney confronted the witness, telling him perjury was a serious offence, that he had better tell the judge and the truth, so it came about that he went before the judge and told his honor that he had previously lied - that he had been given fifty dollars to tell that tale. In the meantime the lawyer who had bribed the witness jumped out of the window at the back of the courthouse, straddled his horse which was hitcher nearby and made haste for the Tennessee line. It is said he was not again in Scott County for 25 years. There are many other ususal and extraordinary occurrences to be related in connection with the trail of the Dean case. The witness that got fifty dollars from his lawyers uncle to swear falsely, was sentenced to three years in the penitentiary for perjury. The counselor received no punishment except a self-imposed exile of twenty five years from his native place. When he returned he was then an old man and probably because of his age, his transgressions while he was a practicing attorney were largely forgotten. In further conversation with Mr. Corns, I made a point to ask him as to weather he considered, after the lapse of years, Daniel Dean guilty of the murder of Henry Fugate, Mr Corns replied, "to be perfectly frank with you, I must say I think there was room for a reasonable doubt. It is possible Dean did not do the actual killing but probably had some other near and dear to him to do the bloody deed". As said preciously Mr Corns was one of the prosecution attorneys. The Chief Counsel for the defense was Patrick Hogan, one of the best lawyers and one of the finest men ever produced by Scott County. In the early part of the century, probably in 1904 or 1905. I went with my uncle , W. R. Wolfe, to see Mr. Hogan at his home, Hogan Hall near Dungannon. My uncle was to see a donation from Mr Hogan to help in the building of the Clinch River Bridge at Dungannon. I recall distinctly that Mr Hogan wrote a check for $100., after that business over, I listened with real attention to the conversation between my uncle and Mr Hogan, in the course of their talk my uncle asked Mr Hogan to name the most interesting case in his law career, he replied immediately, " without question it was the Dean Case." Uncle Will then asked him weather after all the years he still believed in Dean's innocense, Mr Hogan said with emphasis, "Dan Dean was wholly innocent, I believed he was then and I am still of the same opinion." In the early thirties or maybe the late twenties the custodian of the Scott County Courthouse was an old man named Logan Nottingham. This old gentleman told me that at the time when Dan Dean was hanged, his father was a jailer and deputy Sheriff under Sheriff J. R. S. Willehelm. He said Sherif Willehelm offered my father $300, if he would execute Dan Dean, Logan said his father flatly refused the offer, saying, "That's a lot of money, and the Lord knows I need it, but I wouldn't hang that man for ten times that much because I believe he's innocent. During my conversation with Logan Nuttingham I learned that in his first trail Sheriff Willehelm had been one of the jurors who tried Dan Dean, in that instance Willehelm had voted for the acquittal of the accused. Between the dates of the first trail and the actual hanging of Dan Dean, Willehelm had been elected Sheriff of Scott County and it therefore became his painful official duty to execute the prisoner whom he believed innocent. An interesting sequel to the story of Sheriff Willehelms connection with the Dean case is that shortly after the hanging of Dean, Willehelm vanished into parts unknown. He was never again seen or heard of from any Scott Countians, I talked with his brother Joe Willehelm not many years before the latter's death. He told me he had spent much time, money and effort in trying to locate his brother. Said it was all in vain, not one of us knows what ever became of him". The gallant fight made for Daniel Dean by his lawyer Patrick Hogan has been a conversation topic for lawyers throughout the years following the trial. IT is traditional that during the course of the trial, Mr hogan said privately that if he failed to get an acquittal for Dean, he would never try another Criminal Case, anyway weather his remark was fictional or factual, Mr. Hogan after the Dean case entirely quit the practice of Criminal law, thereafter he gave his attention to Civil vases only." It was ninety years ago last June 25, when Henry Fugate was plowing in his field on that Monday morning was shot in the back by a hidden foe. Mr. Fugate's wife heard the shot and looked in the direction of the field in which her husband was working, saw the horse ha had been working running away and heard Fugate feeble cries for help, she ran to help and found him in great agony , she asked him what had happened to which he replied, "I'm shot, someone shot me from the brush." Doctors were called at once and do all they could do for the wounded man, but in spite of all their efforts Henry Fugate died on Wednesday." Roy V. Wolfe born May 19, 1891 and died Nov. 18, 1979 buried in Holston View Cemetery, Scott Co., VA. Daniel Dean was hanged in the Cedars, where now the Gate City Highschool and Foot Ball Stadium is in 1990. This article was found by Eula Mae McNutt, transcribed by Jean Brand 11-20-2000.

Setting here typing in wills, stories, etc and thought I'd ask the list does anyone have the news story already typed up about Daniel Dean being indicted fro the murder of Henry Fugate 6-25-1877? I sure hate to have to type all this into my files. I sure would appreciate any one already having it typed, if you would send me a copy. Thanks Jean

Ran across this in some papers that I'm entering into my files. Thought you like to see it. Jean Will of George W. Adams Probated 4-15-1856 Scott Co., VA I, George W. Adams being bow of sound mind and disposing memory, but of weak and delicate health, do make the following for my last will and testament, in the first place I request my executor here in after named to collect my debts and out of my financing therefore am to pay all my just debts if they be sufficient to do it, and then to pay the balance and to my own personal estate. In the next I give to my wife Martha all the balance of my estate. I appoint Nimrod Adams to be my executor, in whereby I have set my hand and seal this March third 1856. George (X) Adams (seal) Attest: William A. Carter Benjamin Taylor William Taylor Virginia, Scott County Court 15th April 1856 The Last Will and Testament of George Adams, deceased, was proved by the oaths of William A. Carter, Benjamin Taylor. Wherefore witnesses and ordered to be recorded. L.H. Morton Cle

Could some one please do a look up for me? I am looking for the parents of Thomas Carter Dorton born 1880 in Rye Cove, Scott Co., VA. He was orphaned by the age of 4 years and raised by a Rev. Bellamy and his wife Sadie. Any info would be greatly appreciated..thank you! Reaearching Dorton, Ricketts, Scott, Horn, DePoyster, Salyer, and Lester families of SW VA & SE KY.

Greetings Listers: I'm not exactly a new Scott County mailing list member (have been lurking in the shadows for a couple of weeks) but decided it's probably time to check in -- and check for any potential new "cousins." My husband's 4th great-grandparents are John Osborn (s/o James, s/o Solomon, etc.) and Sarah "Sally" Nolen (d/o James). In her "Early Alleys and Osbornes in Southwest Virginia," Ms. Sutton's last reference to "our" John was his 1850 census listing. We have run him to ground (Cave Springs Cemetery, LaRussell, Jasper Co., MO -- via Pulaski Co., KY, Fayette Co., IL, and Wilson Co., KS). Several more of John and Sally's children have been identified, including a Henry Osborn who (according to one branch of the family's tradition) "disappeared" early on. Does anyone out there have a stray and parentless Henry (b. Scott County in mid-1820s to early 1830s) who might fit the bill? Whether he's an Osborn, Osborne, Osbourne, etc., is irrelevant. Carol in Cornhuskerland GBR

Time again for my semi-annual search for cuzins. If anyone is researching the names Riley or Rhodes in Scott Co., VA please contact me at the address below. M. J. Dailey [email protected]

In the 1850 Census for Scott Co. Va. there is several Grears,and Green could someone tell me if the Enoch Green listed in Scott Co. Va. Census is a Green or a Greer. And if he appears in the 1840 or 1860 census for Scottt Co. Va. thanks Phyllis