Job's Children: The Mysterious Disappearance of the James Smith Family

Farm land, once home of James Smith family

While researching my 3rd Great Uncle by marriage, and possibly more of a relation, Bailey Francis Smith, I ostensibly encountered his brother, James. The accessible records of James seemed to end in 1860, except for those of his only son, John F. Smith, with family trees having the entire family, which included many daughters, dying in masse in 1860, or "after" date of census in June of 1860. My Spidey senses were telling me that just wasn't true. So, I started digging. This post is what I found.

What we already knew:

Name	James Smith
Gender	Male
Race	White
Residence Age	44
Birth Date	abt 1806
Birthplace	North Carolina
Residence Date	1850
Home in 1850	Freemans, Stanly, North Carolina, USA
Occupation	Farmer
Industry	Agriculture
Real Estate	350
Line Number	29
Dwelling Number	200
Family Number	201
Inferred Spouse	Elizabeth Smith

Household members
Name	Age
James Smith	44
Elizabeth Smith	35
Sarah D Smith	20
John F Smith	18
Frances Smith	12
Elizabeth Smith	9
Margaret Smith	5

In 1850, James was listed in Freeman's Township, as a 44 year old farmer, with a wife, Elizabeth, 35 and 5 children, Sarah D. Smith, 20, John F. Smith, 18, Frances 12, Elizabeth 9 and Margaret, 5.

We know from my previous post, Bailey Francis Smith , that James had just buried his father, William, five years prior, and his brother, Robert, in 1848. James was the executor of the Will. William didn't name all of his children, but from a preponderance of evidence from land records, some were known, like Bailey. James lived near a John Smith, two years his junior, relationship, if any, unknown. He also lived near Joseph Pickler, a name that shows up in many of the deeds, and Daniel McLester. Following James's family is that of Elizabeth, his father's widow, age 56. I believe her to be too young to be the mother of James and Bailey, and likely a second, (or possibly even third) wife, mother only of the two youngest daughters, Patsy and Margaret, mentioned in Williams will. Margaret, 23, is yet unmarried in 1850, and living with her mother. They are followed by Bailey, his wife, Mary Palmer Smith, and son Edward, 17. It's a regular Smith community.

Name	James M Smith
Age	54
Birth Year	abt 1806
Gender	Male
Race	White
Birth Place	North Carolina
Home in 1860	Stanly, North Carolina
Post Office	Albemarle
Dwelling Number	481
Family Number	483
Occupation	Farmer
Real Estate Value	1000
Personal Estate Value	4500
Inferred Spouse	Elizabeth Smith

Household members
Name	Age
James M Smith	54
Elizabeth Smith	45
John F Smith	25
Sophia Smith	20
Margaret Smith	18
Eliza T Smith	2

By 1860, we are given James's middle initial, "M". He's 54, Elizabeth is 45, and the nearest Post Office is Albemarle. Sarah and Francis are no longer listed in the home, and Elizabeth has had a 'late' baby, Eliza T.Smith, age 2. She's not a grandchild, she was indeed the child of James and Elizabeth. Eliza was

already in my family tree, but I didn't know it yet.

This is where many people have them falling off the face of the earth after the date of the census. That didn't happen. The mystery of the disappearance of the James Smith family is that they didn't disapear at all.

I found not one, but three, probate files for James Smith. They were dated 1862, 1866 and 1867. James Smith, son of William, died April 29, 1862. So, in a way, he did disappear, by way of death. But his family did not.

A dower was set off for "Elizabeth S.Smith" and the legatees, or heirs, were listed as John F. Smith, Mary F. Austin (Francis in 1850), Eliza T.Smith (the baby of the family, about 4 here), Elizabeth S. Smith (Sophia in 1860), Margaret Haskell, and Sarah D. Bird.

Above is Elizabeh's request for dower.

They're not so clear, so they can be accessed Here .

The above document includes the plat of James Smiths property. Elizabeths dower was cut out of property adjoining that of Bailey Smith and Joseph Pickler. Then each of his children were cut off around 32 acres.

Below is the lovely AI translation:

To 15 ½ Wm 38 chains & 50 links to its corner stake White Oak thence No 5 W. 11 chains to the Beginning containing 32 Acres - Allotted to Eliza T. Smith valuation $ 32 #¬ Thirty two dollars - Lot . No . 4 - Beginning at a fallen Post oak by a White Oak David Kendalls Corner and a corner of Lot No 3 , and Runs with the line of Lot . No . 3 - N. 14 Et . 32 chains to its corner Red Oak a Hickory and

Spanish Oak in said Kendal line Thence with said line Wt 19 chains to its corner a stake in place of a Red Oak near a Branch then his line again to 19 Et . 34 chains to the Begining containing 32 Acres Allotted to Elizabeth S. Smith Valuation $ 32 - Thirty two dollars - Lot . No 5 - Begining at a Post ank a corner of the dower and now with a line of said Dower Go 32 Wt 13 chs to its com - Thence No 56 wt 33 chains 20 links to a Stake in the out line thence with said line No 55 W. 18 poles to David Kendalls corner Red Oak about 100 yards from the Tan Yard Thence with said Kendells line again No 44 Et . 45 chs chains to his corner fuller Part and by a White Oak Also a corner of Lots No 3 - & No 4 - Thence To 50 Et . 11 chains to the Beginning containg 47 . Acres - Valuation of 35 . 25 Thirty five dollars & 25 cents - Allotted to Margaret H. Haskell - Lot . No 6 - Beginning at a Large White oak and mains a line of the dower No 12 W 11 chains & 75 links to by corner State in the field them and the line of said dower No 63 Et 17 chs croping the Creek to a Stake Thence No 10 10t 16 chains to another corner of Said dower . and corn - of Lot . No - Thence with the line of Let . No 5 . To 56 W. 33 chains & 50 links to a corner Thence with the out line So 58 Et . 4 poles to a Stake in the Salisbury Road Thence with said Road So 13 Et 62 ½ poles to a Willow Oak near a Branch Them To 89 Et 59 ½ poles to the Beginning Containing 54 Acres Allotted to Sarah F. Bird Valualike $ 40 . 50 Forty dollars & 50 cents And we further Report that Each distribution Shear is $ 33 - 96 . cut and that Margaret H Haskell who due Lot . No 5 . Valued at 358 & 25 cent pay to John F Smith who drew Lot . No 1 . Valued at 328 dollars the sum of $ 1 - 23 - County Citation: "Stanly, North Carolina, United States records," images, FamilySearch image 543 of 1668; North Carolina. Division of Archives and History.

North Carolina ⎬ Court of Pleas & quarter Sessions May Term 1866 ,

Stanly County ⎬ To the worshipful the Justices of said Court , The Petition of Sallie Byrd , Sophia Smith, , Joseph Haskell & wife Margaret , Eliza T Smith an infant who this by her next friend Elizabeth I Smith, Charles Austin & wife Frances humbly complaining would show unto your Worships that your Petitioners together with John T Smith are the only heirs at Law of James Smith deceased , who do in the ⌨ 1862 Intestate Seized & Possessed of a tract of land situated in said County adjoining the lands of James Palmer, David Kendall & others and Containing about three hundred acres and that they desire to hold their respective hands in the same in severally , they show that the Widow of their said ancestor deceased Dower in said and that was he left six heirs at Law August including John T Smith who died since in 1862 and that he was largely indebt & that a petition has been filer by his Admr to make the same assets in the payment of debts , Your Petitioners therefore pray your worships to appoint five free holder unconnected with the parties to go upon the lands & by metes & boundaries to allow & set apart to each of your Petitioners & to the heirs at Law of John T Smith their respective shares in said land in severalty and make report under their hands & seals to the next Term of this ┃ Court & that your worships will grant Such of there further relief of their case may by will And as bound Your Pethoners .

The above AI interpretation of an adjusted distribution lists Sallie, or Sarah D. Smith, as a Bird,and Elizabeth Sophia Smith as still holding the surname of Smith. It lists Margeret with her husband, Joseph Haskell, Mary Frances with her husband, Charles Austin and Eliza T. as an infant, with her mother as her 'next friend', or representative. As it was May of 1866, it was noted that only son, John, was now deceased. The whole family had not just disappeared.

Oldest daughter, Sarah D. "Sallie" Smith had married Jackson H. Byrd on January 8, 1854.

Name	Sarah Smith
Gender	Female
Marriage Date	8 Jan 1854
Marriage Place	Stanly, North Carolina, USA
Spouse	Jackson H Bird
Spouse Gender	Male
Event Type	Marriage

Jackson was the son of Henry and Mahala Bell Byrd. In 1850, he had also lived with his family in Freeman's District.

In 1860, Jackson Bird and Sarah Smith Bird, or Byrd, as it was also spelled, were found living near her parents, listed right after them in the census. He was a carpenter, and they had a 6 year old daughter named Elizabeth J. Bird and a three year old son named Henry.

Name	Charles A Austin
Gender	Male
Marriage Date	31 Jan 1858
Marriage Place	Stanly, North Carolina, USA
Spouse	Francis Smith
Spouse Gender	Female
Event Type	Marriage

Third born child, Mary Frances Smith, married on January 31, 1858 to Charles H. Austin from the Olive Grove area of Union County. He was the son of Jacob Coleman Austin and Elizabeth Graves Griffin.

Name	Charles Austin
Age	23
Birth Year	abt 1837
Gender	Male
Race	White
Home in 1860	Union, North Carolina
Post Office	Wolfsville
Dwelling Number	236
Family Number	236
Occupation	Farmer
Real Estate Value	800
Personal Estate Value	500
Inferred Spouse	Frances Austin

Household members
Name	Age
Charles Austin	23
Frances Austin	23
Jacob Austin	21

In 1860, the young couple are found in Wolfsville, Union County, farming. His younger brother, Jacob Jr., is living with them. That accounts for both children missing from the household in the 1860 census.

The next decade was traumatic for the family, which may be the reason they were 'lost'.

In 1863, in the midst of War, estate settlement and chaos, the below entry was made into the court records of Stanly County.

"Informed by Nelson Pennington one of the regular patrol, Sunday the 11th of the month that Peter, a slave belonging to the Estate of the late James Smith, decd, now in the control of the widow of said deceased (illegible word impubrity?) and misbehaved himself." Jan. 11, 1862. A. J. Shaver

There exists in the records a whole case on Peter.

In August session of 1862, it was ordered by the courst that Howell Parker, Samuel J. Austin, John G.Parker and A. G. Callaway, Esq. be appointed a committee to lay off and allot to Elizabeth Smith, widow of James Smith, one year's provisions out of her husbands estate. D.A. Underwood, clerk.

February Term, 1863, Heirs at Law of James Smith, decd. Lands adjoining David Kendall, James Palmer and others.

Sarah D. Bird to pay John F. Smith the sum of 67 cents to make his share equal to 33.96. Sarah D. Bird who drew Lot #6, Mary F. Austin, John F. Smith, Eliza T. Smith, Margaret H. Haskell, Sarah D. Bird, Elizabeth Smith. Joseph Haskell and Thomas Freeman's corner bounded by Elizabeth Smith and the Poor House.

I know that James Palmer's house was near the Poor House/County Home.

In 1866, in the North Carolina Court of Pleas and Quarters, a Petition was brought by Sallie Byrd, Sophia Smith, Joseph T. Haskell and wife Margaret, Eliza T. Smith by her next friend, Elizabeth T. Smith, and Charles Austin and wife Frances. They declared they were the heirs of James Smith decd', who had died in the year 1862, seized and possessed of a 300 acres lot adjoining James Palmer and David Kendall and that he had left six heirs including John F. Smith, who died in August of 1862 and that he was largely in debt and a petition had been filed by his administration to make the assets of the estate, which they all shared in, payments of his debts and they requested relief, that their shares of their fathers estate would not be diminished by their brothers debts.

The Civil War had happened and the Smith family had suffered.

Name	John F Smith
Enlistment Age	29
Birth Date	abt 1832
Birth Place	Stanly County, North Carolina, USA
Enlistment Date	5 May 1861
Enlistment Place	Stanly County, North Carolina
Enlistment Rank	Private
Muster Date	5 May 1861
Muster Place	North Carolina
Muster Company	H
Muster Regiment	14th Infantry
Muster Regiment Type	Infantry
Muster Information	Enlisted
Muster Out Date	15 Aug 1862
Muster Out Place	Scottsville, Virginia
Muster Out Information	died disease
Side of War	Confederacy
Survived War?	No
Residence Place	Stanly County, North Carolina
Occupation	Farmer
Title	North Carolina Troops 1861-65, A Roster

John F. Smith had become a Civil War statistic and casualty, dying of disease in Scottsville, Virginia on August 15, 1862, just months after his father, the same month his mother's dower was layed off in court. The suit suggested John had been setting up his own farm and place, and had perhaps married, but no bride was named and no license found. He had gotten himself indebted, as young men often did, while attempting to start up a business, a farm and life.

John wasn't the only casulty.

Name	Jackson D Bird
Enlistment Age	31
Birth Date	abt 1831
Enlistment Date	26 Apr 1862
Enlistment Place	Stanly County, North Carolina
Enlistment Rank	Private
Muster Date	28 Apr 1862
Muster Place	North Carolina
Muster Company	I
Muster Regiment	52nd Infantry
Muster Regiment Type	Infantry
Muster Information	Enlisted
Imprisonment Date	3 Jul 1863
Imprisonment Place	Gettysburg, Pennsylvania
Imprisonment 2 Date	12 May 1864
Imprisonment 2 Place	Spotsylvania Court House, Virginia
Casualty Date	3 Jul 1863
Casualty Place	Gettysburg, Pennsylvania
Type of Casualty	Hospitalized
Side of War	Confederacy
Survived War?	No
Residence Place	Stanly County, North Carolina
Occupation	Carpenter
Notes	1863-07-20 Transferred, (David's Island, NY Harbor), And paroled; 1863-09-08 Exchanged, (City Point, VA); 1864-01-15 Returned, Estimated day; 1864-05-17 Confined, (Point Lookout, MD); 1864-08-08 Transferred, (Elmira, NY); 1865-02-20 Paroled, (Elmira, NY); 1865-02-20 Transferred, (James River, VA), For exchange
Additional Notes 2	Casualty 2 Date: 03 Jul 1863; Casualty 2 Place: Gettysburg, Pennsylvania; Casualty 2 Casualty Type: Wounded;
Title	North Carolina Troops 1861-65, A Roster

Jackson Bird, Sarah's husband, had also enlisted and died of wounds incurred on July 3, 1863, at Gettysburg, VA. Sarah was left with three small children; Elizabeth, Henry and John, whom she may have just named after her brother.

James Marshall had been named administrator of the estate of James Smith. On November 23 1869, He sued Joseph Haskell and wife Margaret,

Charles Austin and wife Francis

John P. Lisk and wife Sophia

Sarah Byrd, Eliza Smith and Elizabeth Smith.

The personal estate of James Smith had not been enough to pay his debts. Marshall sought to sell a tract of land on Long Creek subject to the Widow's dower worth about a hundred dollars to satisfiy those debts. In the list of heirs, it ws noted that Charlie Austin and wife, Frances, were reisdents of Union County and that John P. Lisk and wife, Sophia, were nonresidents of the state. An ad was ran for 6 weeks in the Old North State, a newpapers out of Salisbury, NC to notify them of the proceedings. David Pickler became the highest bidder.

Two deeds exist to link this proceeding. Stanly County Deed Book 6 Page 469:

Elizabeth T. Smith to Joseph Marshall

January 12, 1865, for $1.00 paid by Joseph Marshall, a parcel of land adjoining W. H. 'Kisley"? lands and others known as the Thomas Freeman lands lying near New Chapel Church. 'To have and to hold to the same Joseph Marshall, Trustee'. Elizabeth T. Smith further bound herself to a note for $50 to the partnership of Marshall and Redwine. After a great deal more legalese that fails to reveal any more information, the deed was registered by P. W. Milton.

This may have been where P. W. met Eliza, just a child at the time. I also wonder where 'New Chapel Church ' was located, and if it still exists under a different name.

It was followed by another deed in Book 8 Page 199 titled, 'Joseph Marshall, Admin. to David Pickler"

On the 10th day of March, 1870 Joseph Marshall as the administrator of James Smith decd. sold to David Pickler as the highest bidder, for 100 dollars, land on Deep Creek of Long Creek beginning at a stake in David Kendalls line on a hillside west of the creek, Latons corner, black gums and white oaks to a rock in an old field at Latons corner, to Palmers corner, east bank of creek crossing it to a willow sprout in a drain containing 325 more or less. Second track started at a spanish oak and hickory on James Smiths corner in David Kendalls line to a stake in the Salisbury road, ran with the road to a stake at a branch to two hickories by a rocky nole, crossing the creek to a stake in James Smith (line I supppose) to a rock at a ditch, then near the old ford, to a hickory on the west bank of the creek containg 48 1/2 acres, signed by J. Marshall, admin and witnessed by Allen Ross. All of this sounds familiar after reading all the deeds surrounding William Smith to James, those between James and Bailey or James and Robert, or the Freemans and others.

So where did these transactions find the peices of the Smith family n 1870?

Elizabeth and her young daughter, Eliza, 13, were still living near James Palmer, followed by her widowed daughter, Sarah Smith Byrd, with her two sons, Henry 12 and John, 1. It is unknown where Elizabeth Byrd, her daughter, may have been. Above the Palmers was a John Laton, who was probably owner of the 'corner' oft mentioned in deeds and below Sarah and the widow Pennington was Thomas Freeman, also seen in deeds, and John Kendall.

Sarah had been awarded her own Homestead Grant in 1869. Her neighbors were Thomas Freeman, who is shown in the 1870 census clip, and Joseph Haskell, her brother-in-law. It was also bordered by her mother, Elizabeth Smiths dower, and the land of the Poor House.

Name	Mary Austin
Age in 1870	32
Birth Date	abt 1838
Birthplace	North Carolina
Dwelling Number	41
Home in 1870	Sandy Ridge, Union, North Carolina
Race	White
Gender	Female
Post Office	Wolfsville
Occupation	Keeping House
Cannot Write	Yes
Inferred Spouse	Charles Austin
Inferred Children	Elizabeth Austin; Marcus Austin

Household members
Name	Age
Charles Austin	32
Mary Austin	32
Elizabeth Austin	9
Marcus Austin
Henderson Winchester	22

Next eldest child, as son John was deceased, was Mary Francis Smith Austin, who was still living in Union County, NC, in Wolfsville, with her husband Charles Austin. She now has two children, Elizabeth and Marcus.

Elizabeth Sophia Smith, was said to have been the wife of J. P. Lisk in the 1867 division deed. They were living out of state, but the location was not given.The only land record I could find with John P. Lisk was an 1852 sale of property to Nelson Pennington. They are not found in the 1870 census, nor was their marriage license found in Stanly County. They would, however, end up in Missouri. The birthplace of their eldest son, Robert D. Lisk, was given as Kansas, in 1868, and that of the second son, James W. Lisk, was given as Missouri, so perhaps they were in between at this point.

Fifth child, fourth daughter, fourth living and next to youngest, Margaret H Smith, had married Joseph Haskell. In 1870, they are found with a young family, and living with Joseph's father, Thomas Haskell, Taylor, from England. Jospeh and Margaret have three little boys at this time, James, William and Edward. Seems like Margaret had the upper hand in the naming game in this family as those were the names of her father, grandfather, and cousin Edward, who died as a young man.They have an 8 year old girl, Sophronia Lowder, living with them.

1880

Following the surviving members of this family, we see Elizabeth selling what property she has left to survive, and her older daughters all married, some moving away. What would happen to her, and them, over the next decade?

Elizabeth has moved, no longer in the Albemarle Post Office area. Now she is found in Center, or the Norwood area. There are several other Smith's in the neighborhood, so how do we know this is the same Elizabeth? Because she is living in the home of Preston Wooley Melton. On March 21, 1874, her baby girl, Eliza T. Smith, married P. W. Melton, son of Joseph D. Melton and wife, Clementine. At this point, I don't know if the Sidney, Susanna and Wincy Smith families are any relation. It could have just been a coincidence. Of Note, further up the page, above Sidney Smith, is a John Kirk. There is a land transaction between James Smith and John A. Kirk, who is living in their neighborhood a few decades earlier.

It is later revealed, in her records, and those of her children, that Eliza T. Smith Melton's middle name is Thomas. As her mother also has the middle initial "T", I'm curious to know if her middle name was also Thomas, and that is where Eliza got hers from.

Preston Wooley Melton was an industrious young man. He is seen as a Saddler before marriage, and served as Postmaster of the town of Norwood.

Sarah Byrd was found living in the same area she was before, her homestead, with her three children.

Name	Bird Sally
Age	50
Birth Date	Abt 1830
Birthplace	North Carolina
Home in 1880	Harris, Stanly, North Carolina, USA
Dwelling Number	44
Race	White
Gender	Female
Relation to Head of House	Self (Head)
Marital Status	Widowed
Father's Birthplace	North Carolina
Mother's Birthplace	North Carolina
Occupation	Housekeeper
Cannot Read	Y
Cannot Write	Y
Neighbors	View others on page

Household members
Name	Age
Bird Sally	50
Elizabeth Sally	25
Haney F. Sally	22
John W. Sally	10

The neighborhood had changed, but was mirroring some of the same surnames. Of course, they have her name backwards.

Name	Fannie Austin
Age	43
Birth Date	Abt 1837
Birthplace	North Carolina
Home in 1880	Sandy Ridge, Union, North Carolina, USA
Dwelling Number	21
Race	White
Gender	Female
Relation to Head of House	Wife
Marital Status	Married
Spouse's Name	Charles Austin
Father's Birthplace	North Carolina
Mother's Birthplace	North Carolina
Occupation	Keeps house
Neighbors	View others on page

Household members
Name	Age
Charles Austin	43
Fannie Austin	43
Elizer Austin	19
Marcus Austin	11
Charles C. Austin	4
Henry Austin	11/12

Mary Frances Smith Austina and her husband, Charlie, were still living in Union County, where his family hailed from, in Sandy Ridge. They were now the parents of four children, with a number of losses.

Name	Elizabeth S. Lisk
Age	39
Birth Date	Abt 1841
Birthplace	North Carolina
Home in 1880	Rock Prairie, Dade, Missouri, USA
Dwelling Number	62
Race	White
Gender	Female
Relation to Head of House	Wife
Marital Status	Married
Spouse's Name	James P. Lisk
Father's Birthplace	North Carolina
Mother's Birthplace	North Carolina
Occupation	Housekeeper
Neighbors	View others on page

Household members
Name	Age
James P. Lisk	57
Elizabeth S. Lisk	39
Robert D. Lisk	12
James W. Lisk	10
Frank N. Lisk	8
Mary E. Lisk	5
George L. Lisk	3

Elizabeth Sophia Smith Lisk and her family have settled in Dade County, Missouri, where they will stay. Her husbands name vacillated between James P. Lisk and John P. Lisk. It's incorrect in this instance. He was indeed John P. Lisk, as is evidenced in his children's documents.

Example, the death certificate of their son, James Wesley Lisk.

Name	Margaret Haskell
Age	35
Birth Date	Abt 1845
Birthplace	North Carolina
Home in 1880	White River, Prairie, Arkansas, USA
Dwelling Number	153
Race	White
Gender	Female
Relation to Head of House	Wife
Marital Status	Married
Spouse's Name	Joseph Haskell
Father's Birthplace	North Carolina
Mother's Birthplace	North Carolina
Neighbors	View others on page

Household members
Name	Age
Joseph Haskell	40
Margaret Haskell	35
Safrony Haskell	18
James Haskell	15
William Haskell	12
Edward Haskell	10
Lizzie Haskell	8
Mamie Bell Haskell	6
Sallie Haskell	1

Margaret Henrietta Smith Haskell and her family had also relocated, to White River, Prairie County, Arkansas. She now had a family of 7 children. Saphronia, who was an 8 year old Lowder, is now an 18 year old Haskell.

So the James Smith family did not disappear. A few did die shortly after the 1860 census, only son, John, in the Civil War, and James, himself, just before. We even know where James was buried, in a cemetery on the land in which he lived.

The James Smith Cemetery is located off of Lowder Road, on a hill above Town Creek, which wasn't always called 'Town Creek', just north of the town, or City, of Albemarle, in Stanly County, North Carolina. In the Stanly County Genealogical Society Journal, II page 2, the description of its location is thus;

"Located west of Lowder Road (#1418), east of Town Creek, on Crowell Burris property behind a farm utility building. (This property was purchased in 1927 by Laurence Burris from Edmund Thompson).

In the book, "These Hallowed Grounds", published by the Stanly County Genealogical Society in 2012, it is described as being off Highway 52, off Bethany Road and located behind farm buildings in the west corner of the yard of a house on Lowder Road. (I've omitted the exact address.). There are 5 marked stones, 2 unmarked stones and 13 other possible graves. In the earlier printed SCGS journal, it was said that there were 25 "iron rock" markers and one slate marker with no markings.

The tombstone of James M. Smith survives:

James Smith, Consort of Elizabeth Smith, Died Apr. 29, 1862 Aged 55 y's. 4 m's. 7 d's

'Blest is the man whose softening heart

Feels all another's pain

To whom the supplicating eye

Is never raised in vain'

As the crow flies, the James Smith Cemetery is located just behind where I know the James Palmer property was located.

The 'P' indicates the hill where the Palmer mansion once set, where lived my 4th Great Grandparents, James and Martha Atkins Palmer. The 'S' indicates the area where the James Smith property, and cemetery was.

There were four other legible stones in the James Smith Family Cemetery.

Daniel A. son of P. E. and Rebecca Fouts Died June 16, 1856, aged 1 year, 8 months and 22 days.

The other three were all children of Richard Harris and Mary M. Harris.

Martha - born September 23, 1852 and died Oct. 11, 1852, aged 17 days.

Mary - Born Sept. 23, 1853 and died Jan. 26, 1854, aged 4 months and 3 days.

Samuel J. - Died July 21, 1860, aged 3 years, 3 months, and 17 days.

How sad, child mortality was so high. Yet, how did these children relate to James M. Smith?

There were some land reocrds mentioning exchanges between James Smith and members of his family, and Richard and Reuben Harris. Richard Harris was Richard Wilcox Harris , born in 1822 and died in 1884, in Stanly County, NC. Rueben was his brother. They were sons of William H. Harris and wife, Nancy Caroline Crump. Richard Harris was married three times. Mary M. Harris, the mother mentioned on the childrens' tombstones, would have been his first wife, Mary M. Kirk Harris, daughter of Stephen Kirk, Sr. and wife Edith Kimball Mary, born in 1829, died in 1857, right after the birth of her son, Samuel J., who would have been born on April 4, 1857.

The year Richard Harris and Mary Kirk married, 1850, they were shown living in Albemarle, the young town, where he was the County Court Clerk. He and Mary Kirk did have 3 daughters who lived to see adulthood, Virginia, Julia and Sarah. He married Mary Catherine Burns, who would have one child, and die in 1863 and finally a third wife, Anna Mariah Lanier, who would give him 8 children.

Name	Richard Harris
Age	38
Birth Year	abt 1822
Gender	Male
Race	White
Home in 1860	Stanly, North Carolina
Post Office	Albemarle
Dwelling Number	453
Family Number	457
Occupation	Farmer & Clk Black
Real Estate Value	6000
Personal Estate Value	7000

Household members
Name	Age
Richard Harris	38
M C Harris	22
V B Harris	10
Sallie M Harris	7
Julia A Harris	4
Samuel Harris

In 1860, little Samuel was alive when the census taker came through. Just seeing his little name is poignant.

This is the census just before the death of James Smith, and they were still living in town, near the Hearnes, the founders, and merchants, not near James Smith, so it wasn't a matter of being neighbors.

The other child, Daniel, buried in the cemetery, was the son of Peter Eli Foutz, (or Fouts), and his wife, Rebecca. They definately were not neighbors. Peter was from Rowan County. In 1850, he and his bride were living in Rowan County and in 1860, they were found in Mount Pleasant, in Cabarrus. The link between their child and the Harris children was thorugh Rebecca. She was the daughter of Stephen Kirk, Sr. and his wife Mary Earnhardt. So Mary Kirk Harris and Rebecca Kirk Foutz were half-sisters and the children were cousins.

Was this oringinally a Kirk cemetery? How was James Smith tied to the Kirks? Out of the 5 legible stones, his was the newest. The maiden name of his wife, Elizabeth is unkonwn. Could she have been related to the Kirks? Stephen Kirk, Sr. had a Will. He named his children within it. He had a daughter named Elizabeth. She married a Lentz. Elizabeth T. Smith was not a sister of the Kirks. Of course their were many graves which are unmarked, so the tie to the cemetery remains a mystery.

The above map shows paths from the area where the Palmers lived near the county home, and across the creek to where James Smith would have lived.

On February 17, 1877, before they are seen in Norwood in 1880, Mrs. E. T. Smith and P. W. Milton, her son-in-law sold to I. W. Snuggs, along with Eliza T. (Smith) Milton, for $200, a tract of land adjoining Joseph Mabry, Paul P. Furr, decd, and Samuel Mann. It mentions Joseph Manns corner by the road, a spring branch, Allan Holts line, containing 100 acres. As they get closer to the turn of the century, family names begin to mark roads, that were once paths to a homestead, or a dirt wagon road, and left family cemeteries that still exist, or left knowledge of where the did.

Mann Road climbs the hill from the Old Salisbury Road, just south of where James Palmer lived. It tops the ridge and ends with a view of Nelson Mountain. Near the bottom of the hill, as it rises from Coley's Branch, which was Hall's Camp branch, off on a trail east, atop a rise, is an old Family Cemetery where Samuel Mann and a number of his family are buried. There's another Mann Cemetery further north, but not far, again, just off the Old Salisbury Road and closer to what was the Palmer lands.There are two Holt cemeteries, too. One just off Mann Road, in between the two Mann cemeteries. The second follows a road that was the old route of the Salisbury Road that was disregarded, and is located at the end of it, on the side of Stoker Mountain (or hill). On the other side of that hill, runs Town Creek. It is paralelled by a road called Snuggs Park and crossed by a road called Snuggs Road. All because in 1877, Elizabeth Smith sold her property to Isaiah Snuggs.

There are earlier deeds involving a living James Smith, that tell a story of where these lands came from. On September 14, 1857, Richard Harris sold a 48 1/2 acre lot to James Smith. Remember, Richard Harris was the father of three of the Children buried with James in the Smith Cemetery. This is also the year his first wife, Mary Kirk, died. She may be buried in the same cemetery, her marker destroyed or buried.

The tract bordered land James Smith already owned and that of David Kendall. The Kendall Valley area, where David Kendall lived, was known to be further up the old Salisbury Road a good ways. He had a Post Office up there, and it was closer to Bilesville, now New London, and the old Hall's Ferry Road, which no longer exists, but the sign of the junction does.

However, he owned a great deal more property, and this lot, that ran about 70 poles with the Salisbury Road, bordered one of them. It again mentioned the Rocky nole, we've seen before in these transactions, crossed the creek to James Smith's line again to a rock at the mouth of a ditch then to another rock near the old Ford, then back to the bank of the creek.

It began with E & William Smith to James Smith, page 229, date 29th October, 1844. This was quite Intersting because it names "E." and "Wm" Smith of th counties of Cabarrus and Stanly and State of North Carolina of the one part, and James of Stanly onfthe second part. So together as co-ownwers this mysterious E. and William sold for $250 a tract of land on Halls Camp Branch. This is not the same Camp Branch that is in the western part of the county near Stanfield. It started near Waters branch, James Smiths 4th corner, then to a hickory on the upper end of the field, then down William Smith's line to Hall's Camp Branch, ran with Bailey Smith's line to the Mill seat on the branch and then along the branch to Mountain Creek. Back to James Smith's corner in the white oak Island, something about a Quit Claim.

The witness was Bailey Smith and it was signed Elisha Smith and William Smith.

Who was Elisha?

It's followed by a Jesse Smith to George Smith transaction on Rocky River. Might just be an odd coincidence.

This mentioned land James Smith already owned. Two years prior on November 9, 1842, William sold to James for $400, parts of "several tracts of land". Located on Mountain Creek, they joined the lands of Robert Smith, Archy Smith, Joseph Pickler, and others. I know that Archy referred to Archibald C. Smith, son of Robert. It began at a post oak on top of a mountain. I've discovered that there were more mountains in those days than there are now. We drive across them every day, but just consider them hills, if we consider them at all. It mentions Mountain Creek, the aforeto mentioned gentlemen and a number of trees including a sourwood pointer opposite the center of the Mountain, containing 200 acres. Witness was John F. Miller.

These two deeds were dated just a few years before William passed away.

There's another deed, the year after the death of William, between Bailey and James. Dated June 6, 1846 Bailey to James, an indenture, for $5.00, the tract where Bailey was living, beginning at the corner of a 60 acre tract of Bailey's, met Mayberrys land, on Mountain Creek, and was also 60 acres. This was because of a suit against Bailey that James had stood security for, between Bailey and James Palmer and Henry Davis, his father in-law and brother in-law. He included personal property as collateral. Bailey would recover.

In the 1850 census, Bailey and James are listed next to each other, along with Elizabeth Smith, Williams widow, Joseph Pickler and the John Smith family. This was the Joseph Pickler, born in 1805, who married Elizabeth Jane Forrest.

The neighbors are important in establishing a general area. I've learned that multiple branches, or streams, were called Mountain Creek, or rather, it had several forks.

Summary of the family of James M. Smith.

James M. Smith b. December 22, 1806 and d. 29 April, 1862, calculated by using date and age on his tombstone.

Son of William Smith, and perhaps, Elizabeth Bailey. (William Smith's widow, Elizabeth, was not the mother of his older children. Records indicate she was only the mother of the youngest two.) Old D.A.R. records name his first wife as Elizabeth Bailey. His middle name is unknown.

He married Elizabeth T. (Maiden name unknown, possibly Kirk, middle name possibly Thomas). Elizabeth was born around 1815. She passed away around 1898 in Washington County, Arkansas, where she had traveled to with her youngest daughter, Eliza Thomas Smith Melton and her family.

1) Sarah D Smith Byrd. The oldest child, 'Sallie' was born about 1830, when her mother was 15 and her father 24. At the age of 24, in 1854, she married Jackson H. Bird. He died in 1863 of wounds, in the Civil War. Sallie would remain a widow the rest of her life. Her date of death and place of burial are unknown. She was alive in 1880, and not found in 1900. She had three children.

A) Elizabeth James Byrd was born in 1854. She married Thomas Hawkins Hall in 1876, at 22. Two children, Hattie and Henry, lived to adulthood. A third, a son, with the initials C. A.P. Hall, died young and is buried at Badin Baptist, (Old Ebenezer Church). Lizzie, as she was known, died in 1940. They lived in Badin.

B) Henry Franklin Byrd was born August 11, 1856. He married Mariah Wilkins in 1880 and Mary Adeline Cale Harris in 1886. He had 5 daughters and 1 son between 1891 and 1906; Dora, Anna, Sallie, Fannie, Ila Mae and Alonzo.

C) John William Byrd was born in 1869. He was one of those Civil War 'Ghost Orphans', as his 'father' died in 1863. There's no bond or anything else to indicate who the real culprit was. John was thought to have died as a child, but he didn't. I found him and he actually died in 1910 after settling in South Carolina. He married and had 3 children, John Jr. , William Henry and Francis. Post to come.

2) John F. Smith was born about 1832. He was unmarried as far as I can tell. He died August 15, 1862 of disease while in Scottsville, Fluvanna, Virginia. Civil War Soldier.

3) Mary Frances Smith was born about 1838. She married Charles H. Austin on January 13, 1858 at age 20. Charlie was from Union County and they settled there to raise their family. They had four children. A) Eliza Emma Austin Hartis( 1861-1931), Marcus Austin (b 1869), Charles Culpeper Austin ( 1877-1932) and Henry Alexander Austin (1884-1959).

Fannie, as she was called, died April 8, 1921 at the age of 83, and was buried at Waxhaw Baptist Church, Waxhaw, NC.

4) Elizabeth Sophia Smith was born about 1841. She married John P. Lisk about 1867. They removed to Rock Prairie, Dade County, Missouri after a trek through other parts. Their first son, Robert D. Lisk, was born in 1868 in Kansas. The second, James William Lisk, was born in1870 in Missouri. He was followed by Frank Nelson Lisk in 1872, Mary Elizabeth Lisk Claypool in 1874, George L. Lisk, in 1876 and Willford Lee Lisk in 1888, all born in Missouri. There may have been another daughter, Belle, who died as a child. Sophia died in Dade County, Missouri in 1890, at the age of 46. She still had young children. She was buried at the Sinking Creek Cemetery in Everton, with her husband, John P. Lisk , who predeceased her by three years. J.P. Lisk was older and had married Elizabeth Luther prior to Sophia. They had a daughter named Ellen. Mother and daughter appear to have died. He then had a relationship with Judith "Judy" Simpson, which produced another daughter, Turzy, in 1860. So there should be genetic matches between descendants of John and Sophia's children and descendants of Turzy Simpson.

5) Margaret H Smith Haskell was born September 5, 1844. She married first, Thomas T. Lowder, son of Daniel, probably in late 1860, after the census, and had a daughter, Sophronia J. Lowder, in 1861. He was a Civil War casualty in 1862. She then married Englishman, Joseph T. Haskell, about 1865. Together, they had 8 children, four sons and four daughters; James T., 1866, William F., 1867, Edward W., 1869, Elizabeth 'Lizzie', 1872, Minnie Bell, 1874, Sally Jo, 1879, daughter E. G., (1881-1889) and son W. T. (1883-1888). They were in Mississippi after leaving North Carolina.

The family then removed to White River, Prairie County, Arkansas. Sophronia, James, William and Edward were born in Stanly County, NC. Lizzie and Mamie Bell were born in Mississippi. Sallie, and those younger, were born in Arkansas.

Margaret died on March 4, 1888, at the age of 43. She was buried at the Brearley Cemetery in Dardanelle, Yell County, Arkansas, with several of her young children. There seems to have been a number of plagues that came through. They first lost Edward at 12 and Minnie at 8, in 1882. Both buried at White Church Cemetery, Des Arc, Prairie County, Arkansas. They then lost mother Margaret in March of 1888, W. T. ,at 4, in April of 1888, James, at 22, in May of 1888. Oddly, Margaret and W. T. were buried in the Brearley Cemetery in Yell County, while James was buried with his two younger siblings in Prairie County. They were followed in January of 1889 by a little girl, 7 year old E. G. Haskell. The fate of Lizzie Haskell, born in 1872, is unknown.

That leaves only three children of Margaret who didn't die young; Saphronia, who died in 1837 at 75 and William, who died in 1933, at 66, both unmarried and both in Dustin, Hughes County, Oklahoma. They were buried in Yell County, AK, with their parents, however, their father passing in 1917.

The third of these, Sallie Jo, who lived until age 68 and died in December of 1947, was the only known child to have left descendants. She married Benjamin Franklin McReynolds and had 6 children.

Sallie Jo Haskell McReynolds

6) Eliza Thomas Smith was born about 1857. She was a 'late baby ', 13 years younger than her closest sibling, when her mother was 42 and her father 51.

She married Preston Wooley Melton at age 17, on March 21, 1874. The marriage produced 4 children; Henry in 1875, Cora in 1876, Hattie in 1879 and Clyde in 1882.

The children were all born in Stanly County, NC, but then they removed to Fayetteville, Washington County, Arkansas, where P. W. Melton died in April of 1907.

Afterwards, Eliza spent time with various of her children. She moved to Fort Worth, Texas, with her youngest son, Clyde, who was later drafted into WWI.