CASE 2648 STATE of TN vs SARAH WHITECOTTON
Offence: "maintaining a house where men and women of evil name fame and conversation came together for drinking, fiddling, whooping, hallowing, cursing, swearing, blackguarding and whoring and otherwise misbehaving themselves." May-Sept 1856
SUPOENA & SUMMOMS:
To the Sheriff of Bradley Co--Greetings. We command you to summon:
Sarah "Sally" Whitecotton
Mark Hinkle
Thos Renfrow
Allen Marlowe
Jesse Wooden
William Wooden
Henry Wooden
James Wooden
Josiah Thompson (Sarah's brother)
John Thompson (Sarah's brother)
David Thompson (Sarah's nephew, son of Avery)
instantly to be and appear before the Judge of our Circuit court at a court now sitting for this county of Bradley at the courthouse in the town of Cleveland, to testify, and the truth to depose, in a cause depending in said court, wherein the state is the Plaintiff and Sarah "Sally" Whitecotton is defendent, on behalf of the state of TN, and this they shall not omit under the lawful penalty. Witness: J H Payne, clerk of our said court at office in Cleveland, the 1st Monday of May, 1856 (it was noted in a later document that some of those summoned could not be found).
(Sarah's sister Malinda Thompson (Whitecotton, Riddle) was also brought up on charges of "Lewd Behavior" in a separate case from about the same time period--see below. It is not clear from the documents whether Sarah was really maintaining a bawdy house, or if they were just having a wild party! But this is for sure my gg grandmother, just two years after the birth of her youngest child, and after the disappearance of her husband, James Monroe Whitecotton. There are in total 4 cases that I have found so far against the Thompsons & Whitecottons in Bradley Co TN for this time period. This may be in part why most of the family moved on to AR & MO. Interesting to note that so far no court cases have been found in Christian Co MO against Sarah or the rest of her family in later years. Which make me wonder if sheriff J H Kuhn or deputy J K Brown had a grudge against certain families??)
STATE OF TENNESSEE, CIRCUIT COURT BRADLEY CO, SEPT 1, 1856
The grandjurors on behalf of the state of Tennessee elected (illegible) charged to (illegible) for the body of the county of Bradley aforesaid upon their oath (illegible) that a certain Sarah Whitecotton, late of said county on the first day of Sept, 1856 and on divers other days and times before that day with (illegible) in the county of Bradley aforesaid, unlawfully and willfully did keep and maintain a certain common illgoverned and disorderly house, situated as being in the county of Bradley aforesaid, and in the said house, for the lucre (money) and gain of her, the said Sarah Whitecotton, certain persons (illegible) men and women, of evil name, fame and dishonest conversation, then (illegible) at other said days and times, there unlawfully, willfully and willingly did come to frequent and come together and the said men and women in the said house of her, the said Sarah Whitecotton, at unlawful times and in the night and as in the day, as in the other days and times, there to be as (illegible) drinking, fiddling, whooping hallowing, cursing, swearing, blackguarding, and whoring and otherwise misbehaving themselves, unlawfully and willfully did permit and still yet do permit, to the great damage and common nuisance of all persons living, being in, residing, passing and repassing to the evil example of all others in like case offending, as is against the peace and dignity of the state.
George W Bridge, Attorney General for the third Judicial Circuit
INDICTMENT: THE STATE vs SARAH WHITECOTTON
for Keeping a Bawdy House
Williamson Parks, Prosecutor
B F Stout
Thos Rains
Allen Marlowe
Jesse Wooten (Wooden)
Henry Wooten (Wooden)
Josiah Thompson (crossed out, he must not have testified against his sister)
J E Walker (crossed out, must not have testified)
witnesses on behalf of the State, sworn & sent before the Grand Jury, Sept 5, 1856
Documents indicate that Sarah was charged a fine of $33.95 for her crimes, and when she could not pay the fine, was put in jail.
AFFIDAVIT FROM SARAH WHITECOTTON (written for her, she could not read or write)
Mr George W Bridges, Attorney General for the third Judicial Circuit of the State of Tennessee: Please take notice that I will on the 20th day of this instant, September 1856, at the jail of Bradley County, Tennessee, take the oath of insolvency to the discharge from my imprisonment for fines and costs for which I am now imprisoned in the case of the State of Tennessee against me for keeping a Bawdy House, when and where you can attend if you see proper. Sept 10, 1856
Sarah Whitecotton, her X
AFFIDAVIT FROM SARAH WHITECOTTON SEPT 20, 1856
I, Sarah Whitecotton, in the presence of Almighty God, solemnly swear, that the schedule now delivered and by me substantiated, doth contain to best of my knowledge and rememberance a full, just, true and perfect account and discovery (?) of all the estate, goods and effects unto me (illegible) belonging, and said debts as are to me owing unto my person in trust for me, and of all securities and contracts whereby any money may hereafter become payable, as any benefit or advantage accrue to me, or to my use, unto any other person or persons in trust for me, and that I, or any other person or persons in trust for me have not land, money or stock, or any other estate real or personal, in (illegible) of the value of the debt or debts with which I am not charged in execution, and that I have not directly or indirectly sold, (illegible) or otherwise dispersed of in trust, or concealed well in any part of my lands, moneys, goods, stocks, debts, securities, contracts, or estates, whereby to secure the same to (illegible) or expect any profit or advantage thereby, or to defraud or deceive any creditor or creditors to which I am indebted in way howsoever. So help me God.
Sarah Whitecotton her X
Sworn to sentencing before me Sept 20, 1856
Janus Donohoo
County Judge
(So it appears tht she spent a few months in prison, to pay off the debt which she could not pay, which is most likely why her children were living with their grandparents Joseph & Jane Thompson, and with their Aunt "Siller" & Uncle James Mowery. Sarah Whitecotton is listed in the 1860 Hamilton Co TN census living in the household of Thomas and Mary (Thompson) Goodwin. Mary was Sarah's older sister.)
CASE NUMBER 2649 STATE of TN vs MALINDA THOMPSON
Offence: Lewdness, Sept 20, 1856
(This charge stems from the same "bawdy house" incident listed above. Case documents include two affidavits swearing insolvency signed by Malinda (her mark, X) that are identical to the two that are posted in the section above for Sarah Whitecotton, only the charges are "Lewdness", instead of keeping a bawdy house)
CASE NUMBER 2687 STATE of TN vs WILLIAM RIDDLE, et al.
Offence: Cohabitation--living together without marriage, Sept 1856-Feb 1857
SUPOENA
To the Sheriff of Bradley County--Greetings
You are hereby commanded to take the bodies of William Riddle and Malinda Thompson, if to be found in your county, and them safely keep so that you have them before the Judge of my Circuit court, now sitting at Bradley county at the courthouse in Cleveland, then and there to answer the charge of the State exhibited against them for Lewdness, and have you then and there this writ. Witness: J. H. Payne, clerk 5th day of Sept, 1856
(This charge appears to coincide with the Sarah Whitecotton case listed above)
SUPOENA
To the Sheriff of Bradley County--Greetings. We command you to summon Williamson Park, Mark Rinkle, Thos Rains, Allen Marlowe, Thos Renfrow instantly to be and appear before the Judge of our Circuit Court, now sitting for the county of Bradley, at the courthouse in the town of Cleveland, to testify, and the truth to depose, in a case depending in said court, wherein the state is plaintiff, and William Riddle and others are defendent, on behalf of the state of Tennessee, and this they shall not omit under the lawful penalty. Witness J H Payne, clerk, the 1st Monday of Sept, 1856.
AFFIDAVIT
The State of Tennessee, Bradley County: whereas on the 1st day of Oct 1856 (illegible) issued from the Circuit Court clerks office of Bradley county, Tennessee, against the body of Wm Riddle, wherefore the said Wm Riddle and A. A. Clingan together with him came before me , J K Brown, Deputy Sheriff of Bradley County and acknowledged themselves indebted to the State of Tennessee that is to say the said Wm Riddle in the sum of two hundred and fifty dollards and the said A.A. Clingan security in the sum of two hundred and fifty dollars, each to be levied of their respective goods and chattel, lands and tenements, to the use of the state but to be void on condition that the said Wm Riddle will make his personly appearance before the circuit court of Bradley County, at the courthouse in the town of Cleveland on the first Monday of January; that on the first monday thereof, and answer the charge of the state exhibited against him for Lewdness and not depart the court without leave, this the 11th day of Nov, 1856.
Taken and acknowledged before me the date above J K Brown, Deputy Sheriff
Wm Riddle his mark X
A A Clingan
Court held Feb 17, 1857?? No more documents??
(William Riddle must have married Malinda Thompson, for she appears as Malinda Riddle, widow, on the 1860 Carroll Co AR census while living with the rest of the Thompson family. William Riddle was said to be part Cherokee.
Joseph, Malinda & John Thompson are not mentioned by name in any of the actual court documents, and I am wondering if they fled the county to avoid the fines and jail time for this charge. This may be what Deputy Sheriff J K Brown had in mind all along! William Riddle was the only one they could find to prosecute!!)
CASE NUMBER 2920 STATE OF TENNESSEE vs MONROE WHITECOTTON
Offence: Stealing pistols from Harden Woody, Aug 1857
WARRANT
State of Tennesse, Bradley County: to any lawful officer to execute and return: Harden Woody having given information to me on oath that Monrowe (sic) Whitecotton on the 17th day of Aug, 1857, in the county of aforesaid did unlawfully steal take & carry away out of the possession of the complainant two self cocker pistols. Therefore (illegible) you in the name of the State to take the body of said Monrowe Whitecotton and bring him forthwith before me as (illegible) acting Justice of the peace for said county to answer the said charge and be dealt with as the law directs. This 18th day of August, 1857, J K Brown, Frank Holt, Wm J Campbell.
The State of Tennessee vs Monroe Whitecotton
It is considered by me after hearing the evidence that the defendant is guilty as charged in the warrant and that he be committed to the jail of Bradley county unless he will enter into recognizance with sufficient security to (illegible) the the next term of the circuit Court for said county on the first monday in Sept next; to be further dealt with as the law directs this 18th day of Aug 1857 Wm J Campbell, J P Forbes
No. 636 The State vs Monroe Whitecotton executed by arresting the body of said Monroe Whitecotton and retunred for trial on the 18th day of Auygust , 1857, before me J K Brown, Deputy Sheriff.
Trial Aug 20th , 1857 J H Payne clerk.
SUPOENA
State of Tennessee, Bradley County: To any lawful officer to execute and return: Summons Mary Romines and Stephen Davis, to appear before me instantly at my office in Cleveland to testify & give evidence in the case the State of Tennessee vs. Monrowe (sic) Whitecotton, on behalf of the defendant.This 18th day of August, 1857 Wm J Campbell, J P Forbes
(Stephen Davis may be related to Monroe; his aunt Sarah Whitecotton married James Davis and lived in Madison co AL. Will check on this further)
State of Tennessee, Circuit Court, Bradley County: September 7, 1856
The Grand Jurors on behalf of the state of Tennessee elected, empannelled (sic), sworn and charged to inquire after the body of the county of Bradley county Tennessee from their oath present that a certain Monroe Whitecotton, late of said county, on the 17th day of August 1857 with force and arms in the county aforesaid unlawfully and feloniously did steal, take and carry away from and out of the possession of Harden Woody two pistols of the value of seven dollars good and lawful money, the property of Harden Woody then and there being formed; contrary to the form of the Statute in said case made and provided and against the peace and dignity of the state.
George W Bridges, Attorney General
State of Tennessee, Bradley County:
The State of Tennessee vs Monroe Whitecotton. The State Dr to John K Brown, jailor of Bradley County, to boarding defendent in jail from the 18th of August 1857 to the 10th of Sept 1857, in all 24 days at 40 cents each total $9.60(rest of this is very illegible--an accounting of the costs of keeping Monroe in jail for 24 days???)
(There is no indication from the documents what the outcome of this trial was--but I suspect gg grandpa Monroe did jail time for this crime. This court case does place him in Bradley Co TN in 1857, just a few years before the Civil War. It is possible he returned to Jackson or Madison Co AL after his jail time; he lived mostly in Jackson Co AL from 1870 until his death, which occurred sometime between 1900 & 1908. He married at least two times more, possibly three, while living in Jackson co AL. He apparently was not shot and killed on the TN river before the Civil War, as some have suggested)
A HUGE THANKS to Debbie Bethune of Cleveland TN for copying and sending me the court case documents--thus saving us months waiting for documents to come from the TN State Library!!