Wednesday, February 2, 2011

Lawson Franklin Earles Story

LAWSON (LAW SOME of the time) FRANKLIN EARLES

During the middle of the Civil War, 25 Nov 1862, Lawson Franklin Earles was born to Caroline Earles in White County, Tennessee.  His father is unknown, but as further information about Lawson has been uncovered, a suspicion has come to the front as will be discussed later.  On the 1860 White county, Tennessee census 1 Caroline b. 1838 is living with her mother, Nancy, and also in the household is Mary S. age 2, William P. age 1, James F. age 1 and Rachell F. age 1.  Note that living next door is Richmond N. Earles b. 1835, the son of Martin Earles, Caroline’s nephew through her father’s first wife.

In 1870 2 Elizabeth is still living with her mother in White County and in the household are still Mary age 12, William P. age 11, Lawson age 7, our subject, and Evaline age 5.   William age 11 is also named in the household of Spencer and Elizabeth Holder. 3

The first colorful part of Lawson’s life is first recorded in the court records of White County, Tennessee. 4 In the 1876 October term, when Lawson is just about fourteen years old, he is accused of the malicious stabbing of John Whitenburg. (spelling is kept as found in the documents and transcribed as best as possible considering state of the records).  
“The Grand Jurors for the State of Tennessee elected, empowered, sworn and charged to inquire for the body of the court of White on their oath present that Lawson Earles on the 1st day of October 1876 in the county and state aforesaid did unlawfully and feloniously commit an assault and battery upon John Whittenburg with a certain large knife in his right hand, then and there held in and upon the body of the said John Whittenburg unlawfully maliciously and feloniously stab, cut, and wound the said John Whittenburg against the statute in such cawse made and provided and against the peace and dignity of the State.  J.L. Bradford Attorney General protem.  Malicious Stabing.  The State of Tennessee vs. Lawson Earles  Isaac Whittenburg Prosecutor. Summons for the State John Whittenburg. “ 

A year and a half later on Tuesday 29 January 1878…
“ Came the Attorney General for the State and defendant in proper person and being arained upon the indetriment for plea says he is not guilty and for trial puts himself upon the county and the attorney General doth the like.  Then came a jury of good and lawful men Tout? Green White, Osker Delis,  R.H. McMorris, Frank Mitchell, William Hollinsworth, Robert Willson, Herd Cope, Thomas Allen, John Parks, Wm Cope, Frank Arnold, and Wm G. Cole who being ellicted empanneled and sworn and charged to well and truly try the pice.  Joined between the State and Defendant and true verdict renders and after hearing a part of the evidence and not having time to finish the trial the jury was respited until tomorrow morning and placed in charge of I N. Moore Deputy Sheriff of White County, who was sworn to keep the jury together, separate and apart from all persons and suffer no one to communicate with them or to converse with them himself upon the subject matter of this trial and to return them into court at such times as the court may require.”    

A day later on Wednesday 30 January 1878…
“Came again the attorney General for the State and the Defendant in proper person and also came the jury sworn in this court on a former day of this court in charge of their officer and not having agreed upon a verdict they were respited until tomorrow morning and again placed in the charge of their officer. “

Finally, on Thursday 31 January 1878…
”Came the Attorney General for the State and Defendant in proper person and the Jury heretofore sworn in this cause was brought into court Lowt Green White, Osker Delis, R.H. McManus, Frank Mitchell, Wm Hollensworth, Robert Wilson, Herd Cope, Thomas Allen, John Parks, Wm. Cope, Frank Arnold, and W.G. Cole and upon their oath do say they find Defendant guilty of assault and battery and assess the fine at fifty dollars and recommend him to the mercy of the court.”  
And then Friday 1 February 1878…” 
This cause came on this day to be further heard upon the motion of Defendant in arrest of judgement and for new trial which motion being by the court considered and the argument of counsel on both sides The court is pleased to over rule and disallow the same.  But the court being of opinion that the facts in the case do not merit the fine of fifty dollars as found by the jury remits all of said fine except five dollars…”    However one more side note…” the Defendant is insolvent.  It is therefore considered by the Court the costs accrued in this cause on the part of the State be allowed and paid out of the Treasury of the State of Tennessee and that the Clerk of this Court certify the same to the comptroller of the Treasury for payment as the law provides.” 

In other words, young Lawson is accused of malicious stabbing, claims he is not guilty, found guilty by a jury and fined $50.00; motion is overturned and Lawson is only charged $5.00 by the court. Then he is found to be insolvent so the fine is paid out of the Treasury of the State of Tennessee. 

In 1880, 5  Lawson’s mother,” Caroline” is living on her own in White County with two of her children:  Losson F. age 18 and Martha E. age 13.  Caroline’s sister, Celia Webb, is also living with them.  By this time, the other suspected children of Caroline, Mary S. is married and William P. has left for Texas and points beyond. 

By 1886 Lawson is in Texas.  He may have wanted follow his brother, William, who had already left for his adventure in the west.   Also, Lawson’s half cousins, Pleasant Alexander Earls and Richmond N. Earls are in Texas by this time.

The reason we know Lawson is in Texas is because a daughter, Virginia Earles, is born 26 May 1886 in Texas.  Her death certificate 6 names her birth and death dates and places as well as the names of her parents.  This is where we learn her mother was named Jane Moore.  Jane must have died or left Lawson shortly after this birth, because he is remarried to Isabelle Jane Day on 23 December 1888.  Virginia eventually marries Stephen Overton Taylor who becomes a doctor in Jefferson county, Oklahoma, and they had four children. 
The next colorful place we find Lawson is in the Ft. Smith Criminal Case Files 7 where he is accused of assault again.   The following is the report: (spelling preserved as written)

Ardmore Mch 10, 1889 Col. Jno. Carroll
Dear Sir,
Please send writs for the following parties
committed Mch 8, 1889
L.F. Earles charge assault with intent to kill and larceny of one hog valued at $20.00 twenty dollars
Witnesses  William Lesslie and Wilson Parker

Also for James Day committed Mch 7, 1889 larceny of bacon valued at $10.00 ten dollars
Witnesses Wiley Johnson Old man Day and Lony Robreson

I saw the witnesses.  They are good ones.  They both say they will plead guilty.
The one that stole the hog, Earles was skinning of it when the owner rode up on him.  The hog was branded.  When he seen those parties he grabed his Winchester and commenced to shoot at them  he fired 4 shots at them and they ran and got away.  They both claim to be guilty and say they are a going to ask the mercy of the cort and get as light a sentence as possible.
Send writs to me at Ardmore at once and oblige yours
John Swain  Dpty U.S. Marshal

We believe Lawson and his young family are in Saint Jo, Montague county in 1895 because his daughter, Mary Francis Earls Phillips, is purported to have been born in this town 6 May 1895.8 Prior to that his first two daughters were born:  Essie Pearl Earls born 27 Dec 1889  and Beauna Vesta Earls born 2 Feb 1891.
The rest of the children follow9:
William Larkin Earls born 5 Jan 1897 in Cornish, Jefferson, Oklahoma
Ethel Soviller Earls b. 25 Dec 1899 in Oklahoma
Elsie Ella Earls b. 11 Sep 1901 Oklahoma
Virgil Louie Earls b. 16 Jun 1906 in Ringling, Jefferson, Oklahoma
Lawson Ridley Earls b. 13 Mar 1908  Oklahoma
Lawson and his family are found on the 1910 Jefferson county, Oklahoma census 10, the 1920 Carter county, Oklahoma census 11, and the 1930 Winkler county, Texas census 12.  The 1930 census is interesting in that all the living children of Lawson are named, including the married children but without their spouses. Did they have a family “business” where he needed the help of all of his children or did he just name all of his children?

And now we pick up again with the law sliding antics of Lawson.  Shortly before his death in 1931, Lawson applied for a confederacy pension 13 in Oklahoma from the Civil War service, BUT he applied for it under the name of Richard N. Earls.  He is eventually approved.  He kept up this ruse even through his death.  Though his cemetery stone gives his correct name, the obituary14 for Lawson names him as R.N. Earls, an 86 year old Civil war veteran.  We know it is Lawson because the death dates and information fit Lawson's death situation.  So, Rich or Richard N. Earles name was used for Lawson Earles when he wanted to apply for Civil War Veteran benefits and again when Lawson died. The story passed down is that it was so that he could have military benefits for burial.

Richmond N. Earles is the person we believe Lawson is impersonating.  He is actually Lawson's half cousin, but old enough to be his father.  Richmond is the grandson of Pleasant Earles through his first wife Nancy Webb and their son Martin. Richmond has a soldier's application for Pension in Texas. 15 He states he is 71 years old and was born in Warren Co., TN.  He has lived in Texas since 11 Feb 1877. 

Lawson's death certificate 16 is actually under the name of Richard N. Earles (just as his obituary) but again we know it is Lawson because the death information and burial place match that of Lawson. It is interesting that on the death certificate the parents are given as:  Rich Earles and Caroline Earles.  

The final interesting note is that Richmond N. Earles is living next door to Caroline prior to Lawson's birth so there is a possibility he could actually be the father of Lawson.   The suspicion comes from the fact Lawson uses this name for his impersonating ruse and that this is the name given on Lawson’s death certificate as father.  But, there is no conclusive evidence; this is merely speculation. 

Lawson Earles was a man of adventure.  Though his methods weren’t always the most legal, he was a thinker and a doer, never one to sit back and let the world pass him by.  And so we can appreciate Lawson for his courage to come west, support a family and be a part of the western movement. 

  
1.    Nancy Earles household, 1860 United States Federal Census: District 4, White county, Tennessee, Cave post office, page 32, dwelling 70, family 496; Roll M653_1279; Image: 68; Family History Library Film: 805279. Ancestry.com. 1860 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2009. Images reproduced by FamilySearch.
Original data: 1860 U.S. census, population schedule. NARA microfilm publication M653, 1,438 rolls. Washington, D.C.: National Archives and Records Administration, n.d.
Household:  Nancy Earles age 53, Elisabeth EArles age 22, William P. Earles age 21, Margaret J. Earles age 19, Selah A. age 18, Malissa E. age 12, Mary S. age 2, William P. age 1, James F. age 1, Rachell F. age 1.  Next door is:  Richmond A. Earles age 24 (Richmond is the son of Martin Earles who is the son of  Pleasant Earles [Head of household, Nancy Pirtle Earles, deceased husband] and Nancy Webb, Pleasant’s first wife.)

2.Nancy Earles household, 1870 United States Federal Census: District 5, White county, Tennessee, Shady Grove Post Office, page 336, dwelling 56, family 56; Roll M593_1570; Page 336B; Image: 680; Family History Library Film: 553069. Ancestry.com. 1870 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2009. Images reproduced by FamilySearch. Original data: 1870 U.S. census, population schedules. NARA microfilm publication M593, 1,761 rolls. Washington, D.C.: National Archives and Records Administration, n.d.
Household: Nancy Earles age 63, Elizabeth Earles age 32, Maranda Earles age 22, Mary Earles age 12, William P. Earles age 11, Lawson Earles age 7, Evaline Earles age 5, Charles M. Earles age 4/12

3.Spencer Holder household, 1870 United States Federal Census: District 4, White county, Tennessee,  page 323, dwelling 3, family 3; Roll M593_1570; Page 323A; Image: 653; Family History Library Film: 553069. Ancestry.com. 1870 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2009. Images reproduced by FamilySearch. Original data: 1870 U.S. census, population schedules. NARA microfilm publication M593, 1,761 rolls. Washington, D.C.: National Archives and Records Administration, n.d.
Household:  Spencer Holder age 78, Elizabeth Holder age 69, Almira Gilintim age 29, Sidney Holder 18, Alfred Holder 13, Woodson Holder age 10, William Earles age 11(William’s biography in Indian Pioneeer Papers states he lived for a time with Spencer Holder; Family History Library US/CAN Fiche 6016892)

4.   Minute Books, 1859 – 1966, White County, Tennessee, Circuit Court (Nashville, Tennessee: Filmed by the Tennessee State Library and Archives, [196-?]): Civil and Criminal v. 8 – 10 1871 – 1883 Family History Library US/CAN Film 507848, Volume 9 pages 318, 320, 324, 326, 329, 360, 378, 416, 495, 520, 504, 512; Volume 10 page 455; The State vs. Lawson Earles

5.   Caroline Earles household, 1880 United States Federal Census: District 5, White county, Tennessee, page 443, dwelling 128, family 128; Roll T9_1285; Family History Film: 1255285; Page: 443. 1000; Enumeration District: 142.  Ancestry.com and The Church of Jesus Christ of Latter-day Saints. 1880 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2005. 1880 U.S. Census Index provided by The Church of Jesus Christ of Latter-day Saints © Copyright 1999 Intellectual Reserve, Inc. All rights reserved. All use is subject to the limited use license and other terms and conditions applicable to this site.
Original data: Tenth Census of the United States, 1880. (NARA microfilm publication T9, 1,454 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.
Household:  Caroline Earles age 42, Losson F. Earles age 18, Martha E. Earles age 13, Celia Ann Webb age 38.

6.  Virginia Earles Taylor, death certificate (22 April 1935), Oklahoma State Vital Records.  1000 NE 10th St. Oklahoma City, Oklahoma 73117

7. Ft. Smith Criminal Case Files, 1866-1900 [database on-line]. Control number NRFF-21-3W51-14225(6); series 3W51 Unit ID 14225(6) Crime:  Assault and Larceny Jacket Number: 244 Ancestry.com Provo, UT, USA: The Generations Network, Inc., 1997. Original data: The National Archives, Southwest Region. Defendant Jacket Files for U.S. District Court, Western, Division of Arkansas, Fort Smith Division, 1866-1900. Forth Worth, TX, USA: National Archives, Southwest Region.

8.  Mary Francis Earls Philips, death certificate (22 December 1957), Texas Statewide Deaths1890 – 1976 found on http://search.labs.familysearch.org/recordsearch/start.html#start ; Film number 2115163; image number 524

9.   Names and dates originally gathered from Earls family members and compiled by Gayle Earls of Frisco, Texas

10. Loss F. Earles household, 1910 United States Federal Census:  District 160,  Wright, Jefferson, Oklahoma, page 4A , dwelling 64, family 67; Roll T624_1254; Page 4A; Enumeration District: 160; Image: 930.  Ancestry.com. 1910 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2006.
Original data: Thirteenth Census of the United States, 1910 (NARA microfilm publication T624, 1,178 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.
Household:  Loss F. Earles age 50, Belle Earles age 42, Mary Earles age 15, William Earles age 14, Ethel Earles age 12, Elsie Earles age 8, Virgil Earles age 6, Lossen Earles age 4

11.L.F. Earles household, 1920 United States Federal Census: District 53, Graham, Carter, Oklahoma, Page 3B, dwelling 45, family 47; Roll T625_1455; Page 3B; Enumeration District: 53; Image: 170. Ancestry.com. 1920 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2009. Images reproduced by FamilySearch.
Original data: Fourteenth Census of the United States, 1920. (NARA microfilm publication T625, 2076 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C. 
Household:  L.F. Earles age 28, Belle Earles age 25, Virgil Earles age 14, Lawson Earles age 11

12.“Lester F. Earles” household, 1930 United States Federal Census: District 2, Wink, Winkler, Texas, Page 21B, dwelling 512, family 552; Roll 2412; Page: 21B; Enumeration District: 2; Image: 444.0.  Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002.
Original data: United States of America, Bureau of the Census. Fifteenth Census of the United States, 1930. Washington, D.C.: National Archives and Records Administration, 1930. T626, 2,667 rolls.
Household:  Lester F. Earles age 82, William Earles age 35, Elsie Snyder age 27, Christine Snyder age 9, Ethel Herd age 30, Frances Phillips age 40, Lawton Earles age 25, Virgil Earles age 28, Virginia Taylor age 42

13.U.S. Civil War Soldiers Pension Application; Application number 7224. National Archives and Records Administration, 700 Pennsylvania Avenue NW, Washington, DC 20408-0001  Rich Earls P.S. Ringling General Delivery, Oklahoma.  Filed 10/25/1930.  At first not allowed by pension commissioner.  Later allowed – entered veterans home 4-28-31 P6052.  Allowed from 4-1-1931  Jefferson County 22 Oct 1930 (family history indicated Lawson faked his identity in order to obtain a pension record so that he could have benefits at a home for Veterans and be buried for free.  It is interesting he picked Rich Earls as the person to fake since his death certificate indicates his father is Rich Earles – Richmond? Earles)

14.Lawson Earls obituary aka R.N. Earls “Civil War Veteran Dies at Home of Son Monday” Billings News, July 15, 1931, archived in Perry Carnegie Library Perry, Oklahoma.
“Civil War Veteran Dies at Home of Son Monday
Billings – R.N. Earls, 86 years old Civil War veteran, died at the home of his son four miles east of Billings Monday morning.  Earls and his wife were inmates of the Old Soldiers home at Ardmore and were visiting their osn for a few days.  Funeral services were held at 10 o’clock Tuesday from the Long funeral home with Rev. O.W. York, pastor of the First Methodist church in charge.  Burial was made in the Billings cemetery.” 

15.U.S. Civil War Soldiers Pension Application; Application number 29489; National Archives and Records Administration, 700 Pennsylvania Avenue NW, Washington, DC 20408-0001  R.N. Earles. Filed 13 Oct 1914 in Vernon, Walbarger, Texas.  Approved Sept 1914. States he was in Company G 16h Tennessee regiment.

16.“Richard N. Earles” aka Lawson Earles, death certificate (13 July 1931), Oklahoma State Board of Health, Bureau of Vital Statistics, Oklahoma City, Oklahoma.   Born 7 April 1855 in Tennessee to parents Rich Earles and Caroline Earles.  His wife is the informant – Mrs. R. N. Earles.  Again, family history indicates Lawson faked his identity so that he could be buried for free. 


















































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