Stories of the LRWMA

Jud Wells killed by Wash Smith

In an email from Betty Horne, she asks about this case.  The mother of Wash Smith was Cordelia "Dealie" Smith who was half sister to Joanna Gibson, both were daughters of Cal Smith by different wives (he had 5).  Joanna Gibson was killed by Wib Frady on Christmas 1917.  I will put below the information we had from various newspaper articles.

Personal note:  Wash to my present knowledge is the only person ever executed for a killing that happened in the LRWMA.  We know of one case that freedom was definately 'purchased' by payment to government officials.  However, in any case, those who killed in the LRWMA were never considered a real threat to the community but had normally been drinking at the time of the event.  All the others were released and all went on to live good lives.  It does make you think that maybe Wash was just too poor to have had any family member be able to 'buy' his freedom, and whether or not his  execution was necessary.  Can you imagine the sadness of the families that were tied to the relatives of Joanna, her husband (who was also killed), Wash Smith,  Jud Wells, and Joseph Cash.
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Georgia Deaths, 1919-98
Name Death Date Age County of Residence County of Death

Wash Smith 22 Nov 1930        Baldwin 
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Killed Judson Wells January 03, 1928 in Banks County. He was electrocuted In Baldwin County, GA. November 22, 1930.
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The Toccoa Record
Thursday, January 05, 1928
Posse Is Seeking Farmer's Slayer

Cornelia, GA -- Jackson Wells, well known farmer of this county, was shot and killed late Tuesday afternoon at his home in Habersham county, about ten miles north of here, by a man understood to be Wash Smith.
Details of the Killing have not been received, through it is reported that Smith had been drinking. Neighbors stated that after Wells had been shot his sister, with whom he lived, was forced to run from the home by threats of Smith.
A posse was formed to hunt for the slayer, but at late hour Tuesday night he had not been apprehended. Jackson Wells, the slain man, was unmarried and lived with his sister. He has a brother whop lives in Cornelia.
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Newspaper ??
November 11, 1929
Letter From Wash Smith

Dear Editor: Will ask you to spare me a place in your paper to say a few words. I am in Athens Jail awaiting hearing from Supreme court after being kept a prisoner two years charged with the murder of Jud Wells and i think the lord will take care of me. I was held a prisoner here for five months. There were nine prisoners tried to escape. They broke jail and was about to make their get away and i remained in my cell. The jailer asked me why I didn't go too. I told him that I was trusting in the Lord to take care of me and give me justice and then I will be satisfied. I want the good old people of Banks county to know I am not in sorrow so much. It will be surprising for some of the people to know that I think enough of my county to write them a word and I had a wonderful dream here in Clark county jail. I dreamed that I come clear of the charge they have got me for, and was the pastor of the old Mountain View church and I pray every night that my dream will come true, and I can surly say that I have had dreams to come to pass and many prayers answered since I have been in prison. So I hope and trust to the Lord that this one will be answered and I want to thank the good people that are holding to me through thick and thin, for if anyone would step to think how it would be if they were in my place then they could have some sympathy for me. I sure hope that they will never be in my place unjustified for there are not no pleasure in it, but I am praying to the Lord that I will get justice in my case before it is too late. Well I will bring this to a close for this time and if this time and if this hits the waste basket I will come again. If you will print this for me I sure will be glad of it.
            Very Truly yours,
                WASH SMITH
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Atlanta Georgian
Friday, November 21, 1930
Wash Smith To Die In Chair

Three-hour Plea for Executive Clemency as Last Hope is Made in Vain
Wash Smith, convicted nearly three years ago in Banks County of the murder of Jud Wells a neighbor, will die Saturday in the state's electric chair at Milledgeville. Smith is 20 years old.
Governor Hardman declined Friday to commute the youth's sentence to life imprisonment, after a three hour Session in which the long legal battle was received, and appeals for the boy's life were made by his lawyer and friends.
With the refusal of executive clemency went the youth's last hope of life. The prison board had previously denied clemency, as had a jury in a second trial. Smith was convicted in 1928, when he was only 17 years old.
The shooting said to have occurred in an argument over Smith's sweetheart. Two brothers of Wells were present at the hearing, with their attorneys, to resist executive clemency. L. E. Wellborn, a railroad fireman of Atlanta, who said he heard the story of the boy from Sheriff Welcher of Banks County, while Smith was being taken to Milledgeville on a train, appealed to the Governor for the boy's life.
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Atlanta Georgian
November 22, 1930
Chair Awaits Wash Smith

STATE PRISON FARM, MILLEDGEVILLE, Ga., Nov. 22 -- Doomed to die about 10:30 o'clock today for the murder almost three years ago of Jud Wells, Banks County merchant, Wash Smith awoke today after a long peaceful sleep to announce he is ready.
While the sentence decrees Smith must die between the hours of 10 a.m. and 3 p.m. executions where hope of clemency has been abandoned usually are carried out at 10:30.
Smith was just a boy, 17 years of age, when he killed Wells. Only 20 now, he apparently was unconcerned today, although he fought desperately for freedom through two trials and convictions, and sought mercy from the Prison Board and the Governor.
The last of these avenues of escape from the death chair came Friday when Governor Hardman declined to interfere.
"Death is just death" said the youth this morning. "I had as well go this way as any other, I am ready"
Guards permitted him to sleep as late as he wished on his final day on earth. He slept until 8:30 and showed deep interest in a hearty breakfast.
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Atlanta Georgian
November 22, 1930
GA. SLAYER DIES IN CHAIR

STATE PRISON FARM, Milledgeville, Ga., Nov. 22 -- With no more emotion than was evidenced by a calm request that no relative of the man he killed be permitted to witness his death, Wash Smith, Banks County youth, died in the electric chair today for the murder of Jud Wells.
Smith was seated in the chair at 10:50 o'clock this morning. The first charge of electricity passed through his body five minutes later, with the second following at 10:59. He was pronounced dead at 11:03.
The body was taken to Banks County for burial at Homer.
Smith's death was a solitary one. His request barring relatives of the dead man was granted. A telegram from one of his brothers was his sole consolation from members of his own family. None but prison officials witnessed the execution.
" It is that none of the relatives of the man i killed be allowed to be present to enjoy my death."
Smith went to the chair calmly, hoping to the last executive clemency would stay death.
He declared he was forced to kill to save his own life. A brief word of comfort arrived, a telegram from Atlanta, signed "Trippe"
Smith did not disclose the sender's identity.
URGED TO DIE GAME
The telegram said:
"There is always hope, but if the worst comes you will know how to hold up your head, old boy."
E. P. Scoville, of the Salvation army, said Smith's last statement to him and Chaplain E. C. Atkins was:
" I am ready to meet my maker."
They said he never seemed to realize however, that death was imminent and repeatedly declared:
" I can't help feeling that I'll get another chance because one of the witnesses admitted he lied."
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The Toccoa Record
November 27, 1930
Mountain Grove School News
Several from this community attended the funeral of Wash Smith at Mt. View, last Sunday evening.

Battle of the Narrows

There is a beautiful painting of the "Battle of the Narrows" which shows so beautifully this site on Post Oak Road.  The artist includes a description of the battle along with the print.  The print may be obtained at The Saturday Shop, Clarkesville GA,  706-754-9200 (copies are limited).

The description follows and a photo of the print can be viewed by clicking below:

Click here to see a photo of the print.

Battle of the Narrows – 1864

This battle was fought Oct. 12, 1864, between Confederate troops and Union cavalry in the nearby mountain pass. A confederate victory saved Habersham County from pillaging by Union troops and camp followers and also saved grain fields for Confederate troops. There was a drill field near the site of the battle. Some histor4ians have called this the “Battle of Currahee” because it was fought in the site of Currahee Mountains. Casualties were small and the wounded were cared for by neighbors.

By the Georgia Historical Commission

There seems to be no record of any further details of this encounter, nor is there any source for the material quoted on the marker. After much research, including visiting the site of the battle which is still intact as part of the Lake Russell Wildlife Management Area, I am only able to make the following assumptions.

The Union cavalry in Northeast Georgia at that time was under the command of Kenner Garrard. In October 1864, his force numbered 166 officers and 2911 enlisted men. These were divided into small raiding parties which swept the countryside destroying property and supplies that might be of use to the South. There was much ruthless pillaging involved in spite of orders to the contrary.

The Georgia State Militia had been sent home after the fall of Atlanta to harvest the crops to feed the local families and troops. They were furloughed and allowed 30 days. By October the Governor was calling for all able-bodied men to come back to defend the state against Sherman’s army. A letter from the Adjutant General’s office dated October 11 refers to the Militia of Banks County as still being at home. It is reasonable to assume that these men or others in the Clarkesville area were the Confederates who fought in the narrow.

The site of the conflict is a small steep-sided gap between two mountains. It is conceivable that the Confederates could have occupied the high ground on one ridge and driven back the cavalry as they came into the Narrows. With no place to maneuver, the horsemen would have been caught in the open under direct fire from above. Doubtless, the Confederates would have had few horses at this stage of the war. Even so, in this situation, they could have won the day and driven the Union forces backward and prevented any further pillaging of the countryside.

I realize that much of this is personal assumption on my part, but having studied the site, I have presumed to recreate my version of the scene.

John Kollah

What topic is of interest to you?

Tell us what you would like to discuss or have researched. I'll take those subjects and make an individual posting for each that we can research and we will see who can contribute. 

This is your place to ask a question or suggest a topic for discussion!

Reverend Rich

While communicating about the Ruth and Clayton Smith illness and death, I received a real surprise - an email from the son of Rev. Rich!  None of us knew he was even alive.  I'm going to put some of the emails here for people to enjoy.

4/14/06
Hi Jim 
I am Ben H Rich Jr and was born in Stephens Co. I have known her and most of the People from that area my Dad the Rev. Benjamin H Rich Sr. was the teacher and pastor at Mt Grove. The school was also used as the church for it was the only building there other than our house which was located about one thousand ft. from the school.  Dad was also a farmer and we grew and raised just about everything that we needed for in those days you either made it yourself or you didn't have it.

I knew Ruth Brown and her family all her life.  I was born in March 22,1923 and Ruth was born in April 1923 we went to school at Mt Grove with my dad as our teacher but when the Govt. ran us out  around 1931 (I am not sure of the date) Dad moved to Mt Airy and  and taught school at Hazel Creek and was also Pastor at Hazel Creek Church for many years.  I am not sure of the dates when I finished at Hazel Creek School however then I went to Mt Airy Jr High and when I finished there I went to Baldwin High and Ruth and I were in the same class and graduated the class of 1942 and soon I was drafted into the military and was in the military  for 21 years but I always tried to make it back for our class reunions.  Ruth always notified all of us when the next one would be and when the Rich reunions were had once each year she and her family were there and I enjoyed having her and Family to visit.  The last one we had was in 04 at the Steak House in Cornelia . I will stop for now - I hope you can make heads or tails out of all this. I will close for now and hope to get to meet you one day.

Please excuse all my mistakes for i am not a typest or clerk 

Benjamin H. Rich,Jr

4/22/06

Thanks for the news and pictures.  I sure wish I could have made it up there but it is going to take time for me to get back where i was before the Heart attack altho I have improved some for yesterday I got on my riding lawn mower and cut the grass it sure needed it.  I was not very tired I told my wife Fran that it was therapy. I hate it for her  for she stays with me all the time and will not go do errands without me going with her. Ok enough of this I have called the phone no. that you gave me and should have it here soon. Oh and I sure want to thank you for the Picture of Mt Grove School and also the Carbide tank at our old Home place.    Dad put a fence around it and would not let us play any where near it which was a good idea I guess. 

Oh while I am thanking about it I suppose the grave site of Mary Moss is still there she used to come to our house and help Mother out a lot and if I remenber right I think she deivered some of my Brothers. but the reason I asked about her grave, she poured cement and built her vault for she said she did not want dirt poured on her.   Any way, she got me and Herbert my older brother to carry water from the spring below our house to mix the cement.   I got my first 50 cent piece from her for bringing the water and Herbert got one too but Dad got them from us and as far as I remember we did not get it back. Ha Ha.

Well Jim I hope you can read all of this and thanks again for the pictures and all the news that you sent me.  I hope I can visit the the old home place when I am up there in June. If the road is o.k down there  and I can get some of my family to go with Me.

It was great hearing from you again. 

Ben H. Rich.Jr

Will Brown Guilty 1921

When Bev and Jim were looking for court records on the Orchard murder, we were taken down to the basement to look in the really old archives.  One drawer of old case documents was of about the right date, so we pulled it out but it had probably 100 documents - hopeless.  BUT, I pulled out only 1 and guess what - it said it was a case against Will Brown - that's one of BP's sons, the man in the photo on the book cover "Life Along the Middle Broad River" - it's Gert's dad.  We have a 1913 license for making whiskey, however, then came prohibition - but they didn't stop!  Bev told the woman "He's mine if it is for making whiskey" and she opened it and laughed and said "he's yours".

In one census, Will had the unfortunate situation of being listed both in jail, and at home!  Will was actually quite a good citizen, but he just had this other business going.....

Click here to see trial documents

Who was Dick?

Eva Brown sent in this question:

I was born in Toccoa many years ago, and I have always wondered how Dick's Hill happened to be named that. Does anyone know who Dick is??

W. W. Simmons killed

We have many Simmons family members tied to the LRWMA, but we do not know if any are related to the W. W. Simmons in this article:

The Commerce News, Commerce GA, May 24, 1928
W. W. Simmons killed in North Banks
"A young white man, 35 years old named W. W. Simmons was killed in the northern part of the county last Saturday or Sunday.  Simmons left home last Saturday about 10 o'clock with intentions of meeting a friend to grind some malt, so he told his folks.  As he did not return home Saturday or Sunday, his father went in search of him and found his son's dead body on the side of a steep hill about 9 o'clock Monday morning.  Tow bullets had penetrated his body, one entering his chest and the other had been fired into his back entering just below the left shoulder blade.  The body was found near a still and a fruit jar, partly filled with liquor, and a 38 calibre pistol laying near his body.  Revenue officers soon came and destroyed the still.  Esq. A. A. White summoned a jury and held an inquest, the verdict reading that the deceased came to his death by pistol wounds inflicted by some person unknown to the jury,.  The deceased leaves a wife and four small children. - Banks Coutny Journal."

Seaborn Farmer told of a  man being shot at "The Mill Place" or Reynolds mill by the brother of someone who had been killed earlier - the living brother killed the murderer at The Mill Place to avenge his brother's death.  The brother had been killed over an arguement about the still the 2 men had operated.  Unfortunately, I did not get the name from Seaborn of the man he was talking about so there is no way at the present to connect these 2 reported incidents.

Anyone with information - please post a comment.

Negro Escapes Chain-Gang

I have no knowledge that this happened in the LRWMA, however, it is interesting and did happen somewhere in Habersham County!

Tri County Advertiser, January 30, 1919:
"Ed Busbin, a negro, escaped from the Habersham County chain gang Tuesday night and walked all the way to Atlanta, a distance of 75 miles to ask for a pardon.  He presented himself before Judge B. L. Rainey of the Prison Commission Thursday morning admitting that he had escaped, and declared that he had a hard time getting there.  His looks substantiated his statement fully.
The negro asked that he either be given a pardon or sent to someplace where the work is not so hard.  He said swinging a pick on the roads was too hard for him and proved to the satisfaction of Judge Rainey that he was in bad physcal condition.
Busbin was given a ticket to Milledgeville and papers calling for admission to the State farm.  He was permitted to make the trip alone and was given money to buy lunch at Macon.
Busbin was sent up fore twenty years on a charge of manslaughter and has served six years of his sentence. - Atlanta Journal."

Imagine that - he walked to Atlanta then they let him go by himself on to Milledgeville and even was given money for lunch along the way!

Leonard Cash - bootlegger

Toccoa Record
9/30/1917
"Leonard Cash, charged with violating the prohibition law.  Entered a plea of guilty, and sentenced to pay a fine of $100, including all costs, and to serve a term of 12 months in the chain-gang.  Chain-gang sentence suspended during good behavior."

Who was this Leonard Cash?  We have a Leonard Cash born May 06, 1872 and who died in 1927, married to a Darthula 1871-1916.  Does anyone know?  They had 8 children and the grand children might find that story interesting.

More about Joanna Smith Gibson

Joanna Smith Gibson was killed Christmas 1917.  Eva Brown, a relative of Joanna, has asked the following on 4/17/2006 and hopefully, we can find some answers and post them here.  If you have any information to add, please do so by clicking on "Comments".
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Email to Jim Winsness 4/17/2006:

Jim, I wonder if you can help me.  I was given this information by
another relative that is also working on our family genealogy and she
said that my great grandparents Cal and Nancy Catherine Broome Smith
(parents of Joanna Smith) were living on Kelly Mountain . . . an Indian
reservation above Mount Grove in Stephens County when Nancy Catherine
passed away.  Have you ever heard of Kelly Mountain and was there an
Indian reservation there at one time?  This couldn't possibly be the same
area where Joanna was killed, could it?   If not, can you tell me where
it is located.

Also, since Joanna and her half sister were both living with her father,
did it ever come out during the trail where Cal was on that early
Christmas morning when his daughter was killed? Your help would be
greatly appreciated.  I am still trying to find out what happened to the
children of Joanna, but haven't had any luck, but I do know what happened to her mother after she died.  If you want that information, let me know
and I will send it to you. 

Thanks, Eva

Who owned this house?

Tom Hawks found a house site with a full standing chimney, and with another chimney not quite full, up Dicks Creek but we were unable to identify it's owners. 

Tom has researched the owner of the property and sent me the information, however, at the moment, it eludes me.

When I recover that email, I will post it as a comment from Tom.

Hugh Isaiah Brown killed April 24, 1921

Hugh Isaiah was the son of Benjamin Pollard and Caroline Brown and had the first names of his paternal grandfather Hugh Brown, and maternal grandfather Isaiah B. Hulsey. But Hugh Isaiah is remembered for having a very bad temper and his heavy drinking. His life ended on April 24, 1921 when he was shot and killed in his home at the site of the old prison camp. His son Leon Carl 'Bunjo' Brown at the age of 13 was reported to have shot his father, however, Gertrude Collier said her father (brother of Hugh Isaiah) thought one of Hugh’s wife’s brothers might have actually fired the shot.

Recent conversations with descendants of Bunjo say that he told them he did kill Hugh in order to save his mother and siblings. More of the story as told by Bunjo may be made available by those descendants in the future.

Who were the Ballew's?

We have a Ballew Baby grave, which we believe was John Ballew, and we had a Ballew School once in the LRWMA, but no one seems to remember anyone from the family. To add to the mystery we found a grave of Kinion Ballew, (born 4/20/1840 died Feb. 24, 1902) in Taylors SC next to the grave of Jakob Kytle. Jakob Kytle was the grandfather of Elizabeth Caroline Hulsey Brown (wife of BP Brown). And to extend the mystery, the Watkins graves in Palmer TX are in Ballew Cemetery. 

Did someone in the Ballew line follow the path of Taylors SC, Habersham County GA, and Palmer TX? 

Does anyone have information on this line?

Murder in the Orchard

On January 6, 1917, Joseph W. Cash was shot and killed in an orchard. We had 2 newsletter articles (Feb. and March 2003) that discussed the event, however, James Whiteway just sent information he has on file that I will post here for any comment or updates that readers may have.

Four men, J.C. Watkins, H.D. Scroggs, M.S. Vinson and Cliff Robinson pleaded not guilty at their trial on March 13, 1917 to the murder of Joseph W. Cash. The result of the trial was a verdict of guilty and all four were sentenced to life imprisonment. A year after they went to jail, one of the four stated that he alone committed the murder. The other three were released by the court and declared not guilty on August 19, 1918. It is documented that J.C. Watkins was not guilty, but the others are unknown.

At the trial, the first witness was Reuben Cash, son of Joseph W. Cash. Reuben declared that his father weighed about 135 pounds, was killed on the sixth day of January, was "pretty weak, broken down, and crippled, had his left hand cut off and had rheumatism in his right arm". He stated that Joe was last seen going home from his sister's house, through the old Cash place and through the Wheeler Orchard, a direct route to his home and a trip of about six miles. Joe was not allowed to drive the team as he was crippled. Reuben mentioned that his father would be coming from Will Brown's house along a little roadway crossing a little north of where Mr. Edwards lives and along a pathway through there by a man named Schutters.

The next person to testify was Will Brown. Will stated it was about 1.5 miles to the Wheeler Orchard and that he saw Joseph W. Cash after noon as he came by his house from Joe Lathan's. He said that he went with the authorities and tracked Joseph up the mountain to where he was found dead. The authorities brought a shoe that fit the tracks through the orchard to a spring and then about 100 yards farther to the body. It was mentioned that there was evidence that Joseph had cut a cane along the way. Will testified he saw the blood and evidence of shot fired through the twigs about 15 feet from where Joe fell. There were questions about the path and the location of the Schutters and Edwards place.

Lee Walden testified that he was there at the time that Joseph W. Cash was killed by a shotgun, and testified that there were four guns in the crowd. When asked if all four defendants shot, he answered, "I suppose so". He testified to be within 20 feet of the killers. Joseph was about 30 or 40 yards from the four men when the guns went off. Joseph was coming up the spring path and the four men were by a woodpile. He stated the defendants told the person coming up the path to put up his hands and speak, but he just kept coming with nothing in his hands. He said all four fired together and it sounded like thunder. He went to where he was laying about 30 minutes after being shot and he was still alive then.

Each of the defendants made similar statements that they were sent down there to watch for people who were steeling from the orchard by Mr. Edwards. Edwards said people were taking the barrels away from the place. They were told to take guns and to shoot and to be careful not to get shot. Robinson stepped across the road and this fellow turned a barrel over and poured the water out and put it on his shoulder and started down the branch and we hollered and said "what you doing with that barrel" and he throwed the barrel down and turned and started on us and we saw he had a white shirt on from the waist of his breeches and up he kept coming on us and when he got in thirty five or forty steps he brought out an oath and said kill you if I can and throwed gun up on us and fired and of course we fired too. Thought it was that or be killed, and he run back down the road towards Cook house....Found it was the old man, Mr. Cash.... That is the first time we knew about him being there. They asked his name and he said Joe Cash that was all he said. Two went to get Mr. Edwards and when they got back, Joe was dead. Edwards phoned the sheriff and we stayed with the old man till sheriff come up.

Source: Copy of summary supplied by Lamar Wilbanks.