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Found the following in the book The Price, Blakemore, Hamblen,
Skipwith and Allied Lines by Mayor Jay Berry Price, Tennessee Valley
Publishing, Knoxville, TN 1992.
In the Draper Manuscripts, written by Lyman Draper the following was
told to Drapper in 1883 by Thomas W. Carter, son of Dale Carter. son of Norris
Carter. Carter's Fort was 6 miles west of Fort Blakamore on Boone
& Porter’s Road.
"I have before me a letter from yourself bearing the date May 16th,
1883. Before answering I will inform you the cause why I did not answer
you sooner. At the time it came to hand I was so feeble, the letter was
kept from me for a long time; when I had gained health it had been misplaced
at length it was found. The books you sent are being read by my grand children
with great interest. I here thank you for the presents. Mister Draper I
fear there has been some reports made to you from this country that are
untrue; & in answering I may contradict your first question relative
to Pat’k Porter. Patrick Porter died in 1810 or 1811 was between Eight and
Ninety years of age; his fort was not known by any other name than Porters
Further on in the comentary by Thomas W. Carter he states:
2 Quest)"The Devils Race Path Branch is a small branch emptying into
a creek called (page 47-1) Stock Creek, one half mile below the Natural
Tunnel through which the creek passes, a great natural curiosity: Two &
half miles above where it mouths in to Clinch River. The branch heads near
the top of a ridge called Purchess Ridge & runs between two spurs of
said ridge, Rising abruptly on either side to a considerable height; the
bed of the branch being the bed of the path which was very difficult to pass
over. About 1790, a man by the name of James Paine made a settlement
at the mouth of said branch. Another man by the name of Simon Dotson
at the head; Paine's house became the Resort of bad men, Dotson
made whiskey & sold to those men until it became dangerous for travelers
to pass through the gorge & Received the name of Devils Race Path
Branch. Here is a Rootsweb Database on lineage of Simon
Dotson of Wise County, Va.
Another clue as to the whereabouts of James Payne might have been the reference
to him very early in Gen. John Sevier's Personal Diary. It reads:
October 1798 Sun. 28 cloudy & very cool. Memo. recd from James Paine
at So. W. point 4 dollars towards pay of thirty-three gallons of whiskee.
Mon. 29 cool & dry hard frost. Tues. 30 cloudy & cold snowed a little
in the night - dined at Colo. Henleys with Capt Henly & others.
South West Point was near the town of present day Kingston, TN in Roane
County at the confluence of the Clinch River into the Tennessee River. Evidently
the Paynes made good use of the Clinch River for travel.
|I have received a transcription of a Court Case in Augusta County Virginia Chancery Court that evidently was misfiled. The correspondence regarding the file is from Rick Allen and can be found HERE. For the transcription of the case between William Birdwell and James and John Payne click HERE.
The cases I have attempted to transcribe below were from the Grand Jury of Lee County, Virginia and most of the original copies I have put on my site and can be found HERE.
1810 Lee County Personal Property Tax List.
These are in alphabetical order and not in the order enumerates.
You will have to consult original or microfilm copies of these lists for more information.
Spelling are as they appeared.
Grimes, William Parsons,
Bevers, Sampson Grimmet,
Guttery, Hugh Paulk,
Bishop, Elijah Guttery,
Bishop, John Jr Guttery,
Bishop, Peter Gwynn,
Bishop, Thomas Hale,
Blakemore, James Hale,
1810 LEE COUNTY VIRGINIA TAX LISTS
head of household/ date taken/ tithables/ slaves
over 12 years/ horses/notes
Jones Jonathan 23
Kelly John 23
Payne John 23
Payne James 23
Tittle David 23
23 May 1
Calaham John 24
Lee Co., VA Abstracts Deed Book No. 2 1805-1812
p. 108; Payne to George
Know all I, John Payne, Lee Co., VA for sum of $200 paid by William
George of same county have sold 1 gray mare 8 years old, 3 yr old gray
mare, 2 feather beds and their furniture, 21 Feb., 1804. Affix seal.
John Payne Signed in pres, of: Charles Carter, John (his mark) Jones,
Mourning Parrott. 23 May 1804 bill of sale proven by oaths of Charles
Carter and John Jones and ordered recorded.
p. 115 Spurlock to Payne
Indenture 26 March 1806 between Drury & Olive Spurlock and
John Payne, all of Lee Co., VA for sum xxxxx for 137 acres on Stock
Creek and near Wagon Road and against claim of William McCulhin and Nathaniel
Affix seals. Drury Spurlock
Olive (her mark) Spurlock
p. 202 Payne to Payne
Be it remembered that I have this day for sum of $980 to me paid by
John Payne and delivered to John Payne the following property:
One Negro woman Mimah about 44 years of age, 2 beds and their furniture,
one gun and a pair of pistols, 5 head of horses, mare, horse, I bind and defend
said property to said Payne against myself and all claims whatsoever.
Witness my hand and seal 25 March 1806.
p. 129 Deed of Gift Payne
Know all men I, John Payne of Lee Co., VA for sum of $1 before
delivery of these presents have granted unto James Payne one sorrel
mare 3 yrs old, one young sorrel horse, 2 cows & yearlings and all my
household and kitchen furniture. Affix my seal 24 March 1808.
p. 203 Payne
Indenture 23 March 1808 between John and Rachel Payne
and James Payne, all of Lee Co., VA, for consideration of $380 for
137 acres, being same tract of land purchased by John Payne from Drury
Spurlock by deed 26 March 1806, and on Stock Creek a water of Clinch River,
Affix Seals John Payne Rachel
From the records of Lee County, Virginia Court I found
the following entries regarding John and James Payne:
Sept. 24, 1810 We of the Grandjury also present John Payne and
George Spenser for unlawful gaming by playing at cards for money at the house
of David Little about the last of May or the first of June last on the information
of Charles Huff, farmer who was sent for by the Grandjury and sworn in court
said sent for.
Sept 25, 1810 The Commonwealth plt
Jonathan Screech, Elisha Sereech defts Micajah Pennington Junior, John
Payne & George Sperizar Ordered that the defendants be respectively
summoned to appear here on the first day of the next Court to answer the presumption
of the Grandjury aschecbetetion (?) against them at this Court respectively
for unlawful gaming.
April 22, 1811 The Commonwealth plt
Upon a plea of the Grandjury for John Payne deft unlawful gaming
This day came the attorney for the Commonwealth prosecuting in the Court
the defendant having been duly summoned was solomonly called and not appearing
to gamsay the said presentment. It is considered by the court that the said
def for the offence aforesaid forfeit and pay to the Commonwealth for the
cora of the ??? of this County the sum of twenty dollars current money and
that he pay the cost of the prosecution and a capias prfine is awarded.
April 23, 1811 George Jeff(or Geff) who was convicted
of unlawful gaming of the last September ??? are again when a ??? was awarded
for the fine ????? and also to have the ??? of defendant before the court
to be dealt with ???? having been ??? by the ???? with James Payne
his security for his appearance accordingly this day ??? himself ??? in Court
in discharge of this obligation, and on the ??? of the ??? the Commonwealth,
the said George Goff is committed in execution to the custody of the sheriff
of this county to remain the common jail until for debtors until he shall
have given security for his good behavior for the time of one year that is
to say himself in the sum of five hundred dollars with one or more securities
to be bound with him alike sum of five hundred dollars until he shall have
satisfied the said fine and costs or be otherwise discharged by the course
of ???. Whereupon the said George Goff with Joseph Koger, John Daharp and
Charles Carter his securities her in court severally acknowledge themselves
to be indebted to the excellency the Governor or chief magistrates of the
Commonwealth the said George Geff in the sum of five hundred dollars and
the said Joseph Koger, John Daharp and Charles Carter with sum of one hundred
and sixty six dollars and sixty six and two thirds cents or such of this
respectively and ????? goods and ???? and to our said governor and his ???
for the use of the Commonwealth lies upon this ??? that if the said George
Geff shall be of good behavior and keep the peace ??? of ??? of the Commonwealth
and more especially shall not be guilty of unlawful gaming during the term
of one year as aforesaid then this allognengance to be void else to remain
in full force. (missing the page before this)
April 26, 1811 by the infor matter of John Payne
of ??? and John Preston, merchant of Lee County sworn and sent to us.
We of the Grandjury do present ???? Galvin alias Robert Bailey labourer
for unlawful gaming by playing at the game of all fours at the house of John
Payne in the county aforesaid near the last of December 1810 contrary
to the statutes in that case made and provided by the information of James
Payne sworn and sent to us.
Sept 23, 1811 Commonwealth Plt
On a ??? foresaid Petit, Noe & Jones On motion of the Defts by their
attorney who presided not give ?? to which the plt replied generally it is
ordered that the judgement obtained against the defts in the office be ????.
Ordered that James Payne be summoned to appear here at the next court
to show cause of any he can why on information shall not be placed against
him for permitting unlawful gaming at his house. The same being a house of
public ????. We also present James Payne keeper of a house of entertainment
for allowing unlawful gaming in his house, by playing of cards on the 25th
or 26th of September last ??? on the (may be description of where his house
was). said for by the Grandjury ???.
Sept 23, 1811 The Commonwealth plt
John S. Hale deft Upon
Robert Hayslip deft Same
To show John Stevens deft Cause
William Hale deft Same
Arthur Bledsoe deft Same
James Payne deft
The proceeds awarded against the defendants at last Court being determined
"not executed" On the motion of the Attorney for the Commonwealth it is ordered
that new proceedings be awarded against them returnable here in the first
day of the next Term.
Sept 23 1811 The Commonwealth plt
Upon a present intent of the Grandjury James Payne deft for permitting
unlawful gaming in his house A motion was made for a new trial for the said
case for the following reasons towit. Because the verdict was contrary to
evidence 2nd Because ?????? was given by the Court to the jury: Which motion
is continued until the next term.
Commonwealth plt Upon a Rule to James Payne deft Show Cause
The ??? awarded against the defendant at the ?? Court being returned "not
executable" On the motion of the Grandjury for the Commonwealth it is ordered
that ??? be awarded against him returnable here on the first day of the next
The Commonwealth plt Upon a motion for a new trial James Payne deft
The defendant by his attorney moved the last Court to set aside the verdict
and judgement obtained against him in cause at the last Court and to grant
him a new trial there on and contained bill this which motion for reasons
appearing to court is over ruled.
Sept 24, 1811 The Commonwealth Plt
Upon a present ??? of the James Payne deft Grandjury mad against
him at the Court for permitting unlawful gaming in his house The defendant
by Edward Campbell his attorney saeth that he is not guilty in manner and
form as in the said Prosecution against him is alleged and of this he putteth
himself upon the County and the attorney for the Commonwealth ??? and thereupon
came a jury towith: Joseph Ely, Samual Mark, Hiram Craig, Willaim Sturart,
Robert Gibson, Matthew Gibson, William Ewing, Jeremiah Neill, William Graham,
John Anglin, Isom Hubbard and Charles Huff who being elected ??? the truth
to speak upon the ?? give their Oath as say We of the jury find the defendant
guilty. Therefore convicted by the Court that said James Payne for
the offense aforesaid Commonwealth incur against the aforesaid One Hundred
dollars by the jury aforesaid in ??? aforesaid ??? and the cost of this prosecution.
And it is further ordered that the Sheriff of this County retain the said
James Payne in custody until he shall enter trust recognizance in
the personally of him as a dollary with two securities in the sum of One hundred
and fifty dollars each for his good behavior for and during the time of one
year from this time. Whereupon the said James Payne together with
Charles Noe & James Brittan his securities here in Court severally acknowledge
themselves to be indebted to his excellency George William Seath ?? Esquire
disstinant Governor of the Commonwealth of Virginia was exercising the functions
of Governor his successors in the office of Governor the said James Payne
in the sum of five hundred dollars and the said Charles Noe and James
Brittain in the sum of two hundred fifty dollars each of their respective
lands ????, goods chattel to be ??? and to own said Governor and by successors
for the all of the Commonwealth ordered yet upon the condition that of the
said James Payne shall keep the peace and be of good behavior towards
all the citizens of the Commonwealth and same especially shall not be guilty
of the crime of ??? unlawfully gaming in his house for the time of one year
as aforesaid t??? obligation to be said also to ???? in full force and ??.
Upon the ??? of the cause: a bill of acceptance was filed in the follow words
to witt: On the trial of this cause the Court sent to the jury, that it ??
not only to proved by defendant that he ??? to prevent the playing if it
was known to him and if unable that he ???one month thereafter gave information
there of to two justices of the peace or to the Court of Lee County to which
apperson of the Court the defendant by his counsel excepted and to save the
??? this bill is sealed Peter Johnson, seal
And that was the last word of James Payne traveler
on the Clinch River from beginning to end.
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