Browning v. State of Ohio: Meet William!

Long time readers of my blog are familiar with a court case my ancestor Samuel Browning and his daughter Julia were both involved with in 1837. The links to the case (Browning v. Beck) are on my sidebar so I won’t go into the case here. What I intend to explore today is another court case, one involving a man named William Browning that I located at the same time as the one involving Samuel. Both cases were found in the files of the Harrison County (OH) Genealogical Society.

The recent morsel of information I received from another researcher about Hannah Barr’s father (Patrick Barr from Ireland) and the location of a consent slip for her marriage to William stirred up memories about this other court case. I’d intended to further explore this case just after the Browning v. Beck one but you know what they say about intentions! Who knows, perhaps I wasn’t meant to explore it until after I received this tidbit. You’ll see why soon.

Before we begin, let me say I’m certain the case file I have isn’t a complete one. As I’ve said before, many of the cases that the Harrison County Genealogical Society have in their files were rescued from the dumpsters behind the Harrison County courthouse some years ago. There are at least two documents missing from this particular case that I know of – a witness subpoena and interviews with the victim and the accused. Unless these documents are filed under the name of the plaintiff in the case, they’re likely gone. Although I’m sad because an interview with the defendant in this case would have been lovely, I’m thrilled to have what I have.

I’m afraid I don’t know much about William Browning, the major player in this case. If I did, perhaps my Samuel wouldn’t be as much of a mystery!

William first shows up in Harrison County, OH on 28 February 1818, the day he marries Hannah Barr, the daughter of Patrick Barr of Ireland. The permission slip I mentioned in my last post states that William was the son of John Browning. John signed the slip giving his consent for William to marry Hannah on 6 November 1817.

William next shows up in the 1820 census within two households of Samuel and two households of John. His age in this census is in a range between 16-26 and he has a son below the age of 10. Strangely, he has another male between 16-26 living with him and a female aged 26-45. I am given to understand that the age of consent was 21, so even if both William and his bride were 21 at the time of their marriage that still puts them a little younger than the 26 listed here. I’m not sure if the census is in error, or I am. I’m open to either possibility. At any rate, this range would place William’s birth from 1794-1804. I’m inclined to lean more towards a tighter range of 1798-1801.

He appears again in Dohrman Township in neighboring Tuscarawas Co., OH on the 1830 census – at least I “think” it’s him. Here he is age 20-29, as is his wife, and the couple have three children, two boys (one 5-9, one 0-4) and a girl 0-4. This census would place his birth more in the 1800-1801 range, which I find more likely given his consent to marry form in late 1817. This William is 15 houses down from James and Rhoda (Johnston) Markee. James Markee is Samuel Browning’s brother-in-law. James’ wife Rhoda is almost certainly the daughter of Disberry Johnston, a man who lived in Harrison County and will become important as we explore the upcoming case.

I don’t find a William Browning on the 1840 census and on the 1850, the only William I find was William M. Browning, b. 1810 in Montgomery Co., MD and who married Eliza Johnson (b. 1810 Ireland, the daughter of Irish immigrants) in neighboring Jefferson Co., OH in 1832. This family later moved to Henry Co., IA. I can’t say for sure that this William is not the William of the case (after all, in 1819-1821 a young boy of 9-11 can sure steal things and his age is never given) but other clues in the case itself make me rule him out with almost a certainty.

So where did William and Hannah go? I don’t know. I have one small clue that this case provided, but other than that I’ve never been able to find out what happened to them.

Now on to the case itself.

The case began on 12 December 1820. On this day, William Browning and Samuel Browning made an appearance before the Harrison Co., OH Court of Common Pleas. The boys came to answer a charge of larceny levied against William and agreed to a bail of $200 to ensure that William would not skip town and appear before the next term of court to stand trial. You can see the document to the upper left and a transcription below:

State of Ohio

Harrison County

On the 12th day of December A.D. 1820 personally appeared before me the Subscriber one of the Associate Judges of the Court of Common Pleas for said County William Browning and Samuel Browning and Severally Acknowledged themselves indebted to the State of Ohio in the Sum of two hundred Dollars to be levied on their Goods & Chattels lands and Teniments if Default be made in the Condition following,

The Condition of this Recognizance is such that if the above bound William Browning shall appear at the next term of the Court of Common Pleas of said County to be holden at Cadiz on the 19th day of March next on the first day of the Term and then & there answer to what at that time shall be objected against him on a Charge of Larceny and abide the order of the Court thereon and not depart without leave then this Recognizance to be void & of none effect otherwise to remain in full force and virtue in law --

Taken and acknowledged before me at Cadiz the day and year above writen.

Alexr. Henderson, Assoc. Judge

The next documentation we find on the case is at the March 1821 term of court. William appeared before the court as he was requested to do. I have not included a picture of the list of witnesses (I've covered that here in the transcription) but the document itself is here. Following is a transcription of the proceedings:

State of Ohio vs. Wm. Browning

Indictment for Larceny

Witnesses

James Tarbot

Patrick Barr

Disberry Johnston

A True Bill

(?) McMillan

Plea Not Guilty

Recorded

State of Ohio

Harrison County

At A Court of Common Pleas begun & held at Cadiz in & for said Harrison County on the nineteenth day of March in the year of our Lord one thousand eight hundred & twenty one The grand Jurors of the State of Ohio summoned to enquire for the body of law Harrison County upon their respective oaths & affirmations do precent & find that William Browning late of the township of Cadiz in said Harrison County on the twenty day of September in the year of our Lord one thousand eight hundred & nineteen at the township aforesaid in the county aforesaid with force & arms one bag made of cloth with two Bushels of corn meal therein contained of the value of two dollars of the goods & chattles of one James Tarbott then & there being found claimant did steal take & carry away contrary to the statute in such case made & provided & against the peace & dignity of the state of Ohio.

Walter B Beebe atty for State in Harrison County

So it’s pretty black and white. William was accused of larceny by James Tarbott/Tarbet. A very cursory search on Ancestry says that James was born c1784 in York Co., PA, and married Margaret ‘Peggy’ McCullough in 1807 in Belmont Co., OH. James was living as late as 1850.

According to the accusation above, on 20 September 1819 William had filled a cloth bag with two bushels (about 16 pounds) of James Tarbet’s cornmeal. While it might seem like a silly thing to get all bent out of shape about nowadays – after all, we can head to the local supermarket and pick up a few pounds of cornmeal for a few dollars – it wasn’t at all funny or silly back then. Think for a minute about how many hours of labor went into that cornmeal. Planting it, tending it, harvesting it, and taking it to the mill to be ground? Months and months of labor in total. It’s not a wonder these things weren’t taken lightly.

It also makes me wonder about the circumstances of the theft. Did William even do it? He said he didn't, but if he did, why? Was he lazy, was he drunk, was it on a dare, did he dislike the man he stole from? Or was he simply hungry? It's not something that ever gets explained from the documents I have. If I had William's testimony, perhaps I'd have some idea.

But aren’t the witnesses interesting? Patrick Barr! Disberry Johnston! So let’s get to the witnesses, shall we?

I don’t have all the witnesses that were subpoenaed for this case. I don’t have the subpoena for Patrick Barr or for James Tarbet, but I do have Disberry’s. I’m sure even more witnesses were called but unless there is a file for James Tarbet in the Harrison County Genealogical Society and the files happen to be filed there instead, we’ll likely never find them. I know that more witnesses were called even without the other case files because I have another one, one that wasn’t listed on this witness bill. Elizabeth Barr!

Now it’s been recently proven that Patrick Barr is Hannah (Barr) Browning’s father. The man who sent us the consent slip had been looking for Patrick Barr for 14 years and was equally desirious of learning the name of Hannah’s mother. Well…..I believe I’ve just found it for him. I believe that this Elizabeth Barr is Patrick’s wife and Hannah’s mother. Seeing them both listed as witnesses in this trial -- and at least in Elizabeth's case, "on part of William Browning" helps further cement my belief that they are Hannah’s parents and that this William Browning, is, indeed, the William that married Hannah Barr.

(Update (3/30/2012): I have learned that Elizabeth Barr was likely Hannah's sister, not her mother. See more here. Ah well...the search continues.)

Disberry Johnston, if you'll recall, was mentioned before as the almost certain father of Rhoda (Johnston) Nevitt Markee. Rhoda was not only the wife of James Markee (the brother of Margaret, wife of Samuel Browning) but she was also the mother of Jane Nevitt, the wife of Margaret and Samuel's son, James Browning. That Disberry was a witness in the trial is yet another connection between the families of my Samuel Browning and the William in this case.

One other thing, though. I hope you all noticed that the man who stepped up with William to provide bail was Samuel Browning? Tell me true, now, genealogist to genealogist….would you all be inclined to a presumption that if Samuel Browning stood up for William, and William is John Browning’s son, that these two boys, close in age (Samuel would've been about 24, William likely 20-22) and having no other male Browning in the immediate area that could be their father, would you also come to a hesitant conclusion that Samuel could also be John’s son?

My gut says yes, and I see it as another small bit of circumstantial evidence. Believe me, I’ve been doing the happy dance around here lately.

More about the trial to come!

Part O - The Browning Progenitor Question

Before I get into the meat of this post, I've decided to use this space as Space X for my Browning Series, a space to feature ALL the posts I make that reference or relate in any way to a John Browning, found in Harrison Co., OH in the 1820 and 1830 censuses.

It's my belief that this John is my Samuel Browning's father. I've believed this for over a decade and my cousin Pat went to her grave believing it as well. I've wanted to prove it forever. Perhaps -- someday -- I will.

1) John, the Possible Progenitor
2) My Endless Browning Cycle

Now on with it.

A genealogist friend (and possible cousin if we can ever prove it!) of mine sent me a snippet today, something that came to her on her birthday out of the past. It was so exciting that I had to post it here before I called it a night.

She posted a query on GenForum back in June 2001 about William Browning and Hannah Barr, who married 28 February 1818 in Harrison Co., OH. She posted the question initially because her ancestress, Hannah Browning, married Thomas Drake in the same county in 1837 and she was exploring the possibility that William and Hannah might be her Hannah's parents.

Nothing ever came of the post until today.

A man who had returned yesterday from doing some research at the Harrison County, OH Genealogical Society replied. He was researching the Barr family and came across that marriage license between William Browning and Hannah Barr. He found more than that, though. He said Hannah was the daughter of Patrick Barr of Ireland.

More importantly to me -- he also found the couple's consent to marry slip from Cadiz, OH, signed 6 November 1817. Apparently it was William, not Hannah, that needed this consent (or if she did, the consent form for Hannah wasn't included in the information the man wrote my friend/cousin about.) He said that the consent form listed William's father as John Browning!

John!

Up until now I have had only one small glimpse of that name (other than the previously mentioned census reports) and that was on another consent to marry slip from Harrison County. This slip was for a daughter named Margit. The slip is faded beyond reading more than a few words and I've placed it here so you can see what I mean. This is a copy from the original and it was copied prior to the great dump of records Harrison County performed some years back. John's signature is clear, though.

I've often assumed that William Browning, b. c1800, and my Samuel, b. c1796, were brothers. If this is true (and assuming they did not have two different fathers) then John is also my Samuel's father. This might be the beginning of the link I'm looking for!!

I am eagerly awaiting the results of communication between the man who posted the consent form and my genealogist friend/possible cousin. I hope he made a copy of the consent slip but if he didn't, it will be something I'll send off for.

Talking To Myself.....or, the Endless Browning Circle

I've been thinking the past few days about my recent post and in doing so something heretofore unseen jumped out at me. I can't help but think that kind of thing is another important reason to blog about genealogically related struggles. Writing it down and seeing it in virtual black and white sometimes helps clear those cobwebs.

I noticed I said that Lemuel Browning had lived in Brooke County, WV, and had married a woman named Caroline Beck.

Beck!

Could it be? Could this Caroline from Brooke County have ANY connection whatsoever to the James Beck I posted about a week or so ago? The James Beck who was asserted to be the father of Washington, whose mother was Samuel's daughter Julia? The James Beck who Samuel took to court to sue for child support? And if so, doesn't this place one more point of circumstantial evidence linking my Browning family to the members of the Browning family I mentioned in my previous post here, whose roots were lodged in Brooke County WV and before that, Frederick County, Maryland?

There is much Browning research in W. M. Hurley's 1998 book, Browning Families (Primarily Of Montgomery County, Maryland.) In it, Hurley places Jeremiah Browning (b. c1744, son of Edward Jr) and his wife Cassandra as the parents of six children: 1) Jeremiah Jr (who married Catherine Mansfield), 2) Lewis b. c1766 (married Margaret Phillips), 3) Joseph, 4) Elizabeth, 5) Cassandra (m. Seth Clarke) and 6) Rachel (m. Richard Foster.)

The Lewis mentioned above had three children: 1) John Fletcher Browning (b.1799), 2) Lemuel Browning (b. 1801, m. Caroline Beck) and 3) Lewis Jr (b. c1807, m. Margaret.)

The deeds I have in Harrison County definitely refer to Lemuel, but Lewis is still a bit of a mystery. It seems there were three Lewis Brownings, all alive at the time, and ALL married women named Margaret!

Two of the Lewis Brownings are the ones mentioned above. The last is connected to another Browning family in Hurley's book that intrigues me: the family of Meshach Browning. Meshach says that his grandfather William (b 1710) lived with his son, John, one of Meshach's uncles. Meshach's parents were Joshua Browning and Nancy Farmer. The book says that the couple had children (Meshach being one of them) but only four are mentioned, with birthdates c1769 (Dorcas), c1773 (Joshua Jr) , c1775 (Jeremiah) and 1781 (Meshach).

This family is interesting because Joshua Jr. married Cassandra Farmer and moved to Licking County, Ohio. He had children, one of whom (Jeremiah) was the father of Van Browning, the man who moved to Crawford County, Illinois! And one of Van's brothers was Lewis Browning, who married Margaret Heff.

I wonder sometimes if Joshua and Nancy had another son.....John. If they did, that John (b. c.1771?) would be the right age to be my Samuel's father. AND it would cement the Licking County connection.

Ever wish you could play Calvin and Hobbes and use the Time Machine that Calvin built out of a cardboard box to go back in time? I know where I'd go.....

Madness Monday - The Possible Progenitor, John Browning

The most solid of all my brick walls (it feels like the Great Wall sometimes!) is the question: Is John Browning the father of Samuel Browning? And if so, how do I prove that he is?

Circumstantial evidence suggests that Samuel (b. c1796 MD) may possibly be the son of John Browning, who is found in the 1820 and 1830 censuses of Harrison County. In the 1820 census John, who is listed as living in Cadiz Township and as aged 45 and over, is living with a female (probably his wife) who is also 45 and over. They are living within a six household radius of Samuel and his wife Margaret. This John is shown with three males -- one under the age of 10, one aged 16 to 18, and one aged 16 to 25; and six females – two under the age of 10, three aged 10 to 15, and one aged 16 to 25.

In 1830 John Browning is shown living in Freeport Township aged 50 to 59, with a wife also aged 50 to 59. They are shown with three children: a boy aged 15 to 19 and two girls, one aged 10 to 14 and the other aged 15 to 20.

Taken as a whole, these two censuses show that both John and his unnamed wife were born between the years 1771-1775. As Samuel was born around the year 1796, the possibility exists that he is their son.

A search for possible siblings of Samuel's unearthed a number of prospects. Early Harrison County marriage records provide evidence of the marriages of at least five Browning women. A Polly Browning married James Graham and Margaret Browning married Richard Medley, both in 1826. A Wilsey Browning intended to marry John Thomas in 1830 but although a license was issued, no marriage took place. A Hannah Browning married Thomas Drake in 1837. Lastly, a Cassa Browning married Alfred Calvert in 1841. It is uncertain, however, whether any of these women were siblings or other relatives of Samuel's.

In the 1820 census, another Browning is also within the same six household radius and on the same page as Samuel and John in Cadiz Township; William, aged 16 to 26. William is shown with another male aged 16 to 26 and a female, most probably his wife, aged 26 to 45. Harrison County marriage records contain the entry of a marriage of a William Browning to a Hannah Barr on 1 December 1818, and it is possible that this William may be a brother to Samuel and another younger son of John.

By 1840, neither John nor his wife are found on the census records of Harrison County nor have they been located in any neighboring counties. It could be assumed that both died between the years 1830-1840, but this assumption has never been proven. Efforts to further locate John Browning have so far proved fruitless.

There is also slight evidence to suggest that Samuel may have had relatives in Licking County, Ohio. Two of Samuel's sons, Asbury Taylor and John Wesley Francis, married Corderman women in Crawford County. The David Corderman family had come from Pennsylvania and had settled in Jacksontown Township in Licking County in the late 1830's. They had then moved on to Crawford County, where two of David's daughters, Matilda and Minerva, married into the Browning family. Minerva Corderman Browning, Asbury's widow, stated in her Civil War soldier's widow's pension application that she had known Asbury from an early age. She stated that she had "always knew him since he was a small boy."

If her statement is accepted as true and Asbury and Minerva had known each other as children, then Samuel Browning and his family may have made trips to Licking County to visit relatives. The Browning families in and around Licking County in the early 1840's – specifically those of Asa and Jeremiah Browning of Union Township -- may have been relatives of Samuel's. Samuel's supposed father, John Browning, might have been a brother or cousin to one of these men. While this is unproven, the presence of Van Browning in Crawford County (a known son of Jeremiah of Licking County) during the same time period as Samuel also lends some support to the connection between the Brownings of Licking County and the family of Samuel Browning.
Pat and I searched for years. I wish I could figure out what it was.

I've looked in early Harrison County records….I've had a researcher I hired do it and I did it myself back in August. No John. No will for any John Browning exists in Harrison County or Tuscarawas County for the right time period. There IS a John Browning in Tuscarawas in 1899 but I have a copy of that will and that is another family entirely. I have looked at Carol Bell's "Wills To 1850" and there is no John recorded there either. I found a Jeremiah Browning in Jefferson County and I ordered and received his estate papers. What there is does not plainly refer to any names that would connect with mine, though I keep it filed away because of the Jeremiah in Licking County that I mentioned earlier. I plan to travel to Jefferson County myself in a few weeks and do another round of research. I prefer to see these sorts of things with my own eyes, if you know what I mean?

One more thing. Early Harrison County deed records show at least three other Browning men that, as far as I can now determine, do not connect with me. (That's not to say they don't….I just haven't proven anything yet!)
---
25 Dec 1817: Joseph FRY to Lewis Browning -- This deed was between Joseph Fry and Amelia (Permilia) his wife of Harrison County on the one part, and Lewis Browning of Brooke Co., VA (now WV)on the other.

31 Mar 1834: William TINGLEY to Lewis Browning -- bill in chancery court against Frederick SALMON, for the right to sell his lands to pay Browning back for debts owed now that Salmon is considered a lunatic.

13 May 1835: Lewis BROWNING to Isaac Weldon, Sr. -- This deed was between Lewis Browning of Brooke County, VA (now WV) on the one part, and Isaac Weldon Sr. of Harrison County on the other. Witness: Joseph FRY, Justice of the Peace.

4 Jan 1836: Rees JONES, Daniel SPRINGER and others to Lewis Browning for the use of Emelia Salmon -- This deed was between Rees Jones and Jane his wife, Daniel Springer and Jane his wife of Harrison County on the one part, and Lemuel Browning of Lewis Browning of Brooke Co VA (now WV) on the other, for the use of Emelia Salmon of Harrison County.

25 Oct 1836: Isaac WELDON to Lemuel Browning -- This deed was between Isaac Weldon and Elizabeth his wife of Harrison County on the one part, and Lemuel Browning of Harrison County on the other. Joseph FRY was Justice of the Peace.

20 Jun 1837: William BUKEY to Ellis & Jones -- This deed was between William Bukey and Susannah his wife of Ohio County, VA on the one part, and Ellis D. Jones and Lemuel Browning of Harrison County on the other.

19 Aug 1837: Jonathan PEOPLES to Jones & Browning -- This deed was between Jonathan Peoples and Mahala his wife of Harrison County on the one part, and Ellis D. Jones and Lemuel Browning of Harrison County on the other.

1 Sep 1837: John STRADLING to Jeremiah Browning -- This deed was between John Stradling and Sarah his wife of Short Creek, Harrison County OH on the one part, and Jeremiah Browning of Jefferson County OH on the other.

21 Mar 1838: Lewis BROWNING to Amelia Salmon: This deed was between Lewis Browning of Brooke Co, VA (now WV) on the one part, and Amelia Salmon of Harrison County on the other.

2 Apr 1838: Jeremiah BROWNING to James Roberts -- This deed was between Jeremiah Browning and Catherine his wife of Steubenville, Jefferson County, OH on the one part, and James Roberts of Harrison County on the other.

18 Aug 1838: Lemuel BROWNING, et al. to John NEBLICK -- This deed was between Ellis D. Jones and Mary his wife and Lemuel Browning and Caroline his wife of Harrison County, OH on the one part, and John Neblick of Harrison County on the other.

15 Oct 1838: Lemuel BROWNING to Lewis Browning -- This deed was between Lemuel Browning of Harrison County on the one part and Lewis Browning of Brooke Co, VA (now WV) on the other part.

15 Aug 1840: Lewis BROWNING to Samuel Wilson: This deed was between Lewis Browning and Margaret his wife of Brooke County, VA (now WV) on the one part, and Samuel Wilson of Freeport, Harrison County on the other.

---

These deed records show that throughout the period of 1818-1838, a few Browning men were buying and selling land in Harrison County. Lewis was living in WV, and the Jeremiah I mentioned earlier in Jefferson County. He was there as early as 1815 and died around 1843 -- his wife's name was Catherine Mansfield. Lemuel Browning was the son of Lewis and Margaret (Phillips) Browning (the other buyer of land) of Frederick Co., MD/Brooke Co WV. He was born about 1805 in Frederick Co., MD and married Caroline Beck on 15 Feb 1825 in Brooke Co., WV. Caroline was born about 1815. They lived in Harrison Co. OH c1837, but moved to Warren Twn., Jefferson Co., OH by 1850.

My Samuel was born in Maryland. I just HAVE to fit in here somewhere; that's my 'gut' instinct talking of course. I still haven't figured it out after all these years.