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Chapter 7 Son ~ Richard and Daughter ~ Clary There is not much information available about the next two children of
James and Agnes. Their third son, named Richard, was born on May 18, 1745, and for
many years he remained shrouded in mystery.
Only recently has information been found about this elusive son.
Son ~ Richard In the Last Will and Testament of James, written in 1790, he listed his
beneficiaries as John, Nicholas’ heirs (since Nicholas had already
died), James, Clary, William, and Edmond.
The natural conclusion was that Richard had already died without any
offspring. A court record, found by Ginny
Olsen of the Goochland County Historical Society, has finally provided solid
evidence for the circumstances surrounding his death. In this legal document, we learn that Richard
Ware was murdered by a family slave who poisoned him. In 1765, the Ware and Harrison families were still living in Goochland
County, Virginia. On May 25th
of that year, John
Ware had married Ann Harrison, and the couple set up their home. One of the slaves that John owned at the time
was a female named Peg. Ann’s brother, William Harrison, lived nearby and owned a male slave
named Dick Harrison. Obviously, Dick and
Peg must have known each other and held some kind of grievance against Richard
Ware, who was possibly living with his older brother, John, and his new wife at
the time. According to testimony that
Peg provided to avoid her own prosecution, Dick conspired with her to murder
Richard. He prepared a poison for her
and instructed her in the way to use it.
Peg followed his directions, gave the concoction to Richard, and he
consequently “languished and died.” (Ref. Court Record) The trial of Dick Harrison occurred on
September 20, 1765, and he pled innocent to the charge of murder. Even though he was given a verdict of “not
guilty” for the actual homicide, the court did find him guilty of “feloniously preparing and exhibiting a
certain medicine and mixture of a poisonous quality with a felonious evil and
wicked intent that the same should be given and administered to one Richard
Ware and did deliver the same to the said slave Peg, advising and directing her
to give and administer the same to the said Richard Ware, with a felonious and
malicious intent thereby to kill and murder the said Richard Ware.” (Ref. Court Record) With his
conviction, the court ordered Dick to be executed by hanging. The following is a transcription of part of
the actual document: The Sheriff upon entering the Court; “Having
with the approbation of the Court waved any prosecution against the said slave
Peg in order to have the benefit of her testimony against the said slave Dick exhibits
an information in writing against the said slave Dick, charging him with
feloniously preparing and exhibiting a certain medicine . . . and in
consequence of such advice and directions of the said slave Dick did give and
administer the said poisonous medicine to the said Richard Ware who took the
same by reason whereof the said Richard Ware languished and died.” The court ordered Dick to “hang by the neck til he be dead” and
set the date of execution for Friday, the 4th of October. According to the execution records for
1607-1976, the sentence was carried out on time. (See below)
The
actual court record (on the next page) is interesting to read because the names
mentioned in the document are so closely related to the family history of the
Wares - - i.e., John Smith, John Payne,
William Miller, Joseph Pollard, James Cole, George Payne, Thomas Mann Randolph,
Thomas Bolling, John Bolling, Thomas Fleming, Tarleton Fleming, William
Mitchell, Josias Payne, Jr., Thomas Randolph, Richard Fleming, Matthew Woodson,
and Joseph Woodson. It is also
fascinating because the wording used in the proceedings gives us an idea of
life under British rule. The oaths
administered and taken were done so under allegiance to the King.
In English law, “Oyer and
Terminer” meant “to hear and determine.”
(Ref. 2378) Courtesy of Ginny Olsen of the Goochland County Historical
Society Daughter
~ Clary The only known daughter born into the Ware
home arrived on December 11, 1747. James
and Agnes named her Clara, or possibly Clarissa, but she was usually called Clary.
From James’ will we know that she
married a man with the last name of “Sale,” but little else has come to light
concerning Clary. We assume she was
still alive in 1790 since that is the date the will was drafted. (Ref. 372)  While there is no further hard evidence
on Clary at this date, there is an interesting scenario that might bear further
investigation. I leave it to the readers
to decide if this information is helpful. We know that Clary Ware (daughter of James
and Agnes) was born on December 11, 1747. (Ref. 5, 6, 27, 56, 173, 386, 830, 871,
940, 975) At least four of these
references are original, handwritten family bible entries, so this evidence is
very reliable. Her name as it appears in
her father’s will is also reliable since it was a legal document. On several recent genealogy sites we can
find a “Clara Sale” with a date of birth ‘around’ the same time of Clary
Ware, and she is connected by marriage to James Hurt. The speculation has been that
James Hurt wed Clara Sale; thereby making her name Clara Sale Hurt (no mention
of the Ware name), and this couple had two daughters - Agnes
and Elizabeth Hurt. The birth date given for this Clara Sale is about
1749. Here is where it gets
interesting. Notice the postings below: (Any
highlighting or underlining done by me) Concerning Agnes, the
daughter of Clara and James Hurt: [Note by O.H.: Agnes Hurt was a
daughter of James and Clara Hurt of Caroline County. James Hurt died in
Caroline County in 1772. Clara Hurt is
believed to have been a daughter of Robert Sale, but no proof of this is available. James (5) Hurt. His wife was Clara Hurt who is thought to have been a daughter of Robert
Sale. James Hurt died in 1772.
They had two children, viz: 1. Agnes
(6) Hurt, married Richard Peatross on 5-3-1787 (14). 2. Elizabeth
(6) Hurt, married Thomas Ellis 5-3-1787 (82). Also concerning Elizabeth, daughter of Clara and James Hurt: Elizabeth Hurt married
Thos. Ellis in Spotsylvania County, Va. on May 3, 1787. (Page 24 of Original
MSS--Douglas Register, Page 70). (Note by O. H.: Elizabeth Hurt was a daughter
of James and Clara Hurt of Caroline Co., Va. James Hurt died in Caroline County in 1772. Clara Hurt is believed to have been a
daughter of Robert Sale but no proof of this is available.) Clearly,
the aforementioned ‘Clara Hurt’,
who is the mother of both Agnes and Elizabeth, was linked to the ‘Sale’ name in some way, but only by way of speculation
to the role of a daughter. As a
conscientious researcher, Oscar Hurt, author of the above information,
explained his notes as follows: “Some of my setup of “The Early Hurt Family of
Virginia” . . . is frankly speculative, which speculative part I have tried to
clearly show as speculative, so that there would be no misunderstanding about
it.” Going on the limited information available, there have been numerous other postings on the web following that line of thought. I have found no further clarifications or documentation, but the sample postings appear as follows: From ancestry - Clara Sale (1749 -
Unknown) Born in Caroline, Virginia, on 1749 to Robert Sale. Clara married James Hurt and had 2 children. Another listing shows: daughter Elizabeth HURT (born 1769) Father: James HURT Mother: Clarissa SALEThere has also
been occasional speculation that Robert Sale
was the husband of Clary Ware
and their child was Clary Sale. This would create two separate, and
individual Clara’s. That would be
impossible, however, because of the birthdates.
Clary Ware was born in 1747, and Clara Hurt was born about 1749. We know for certain
that a “Clarissa Sale married James Hurt,” but there is no way that Clara Sale
Hurt (born about 1749) was the daughter of Robert Sale if he, indeed,
married Clary
Ware, who was born in 1747. Clary
would have been two years old when she gave birth to Clarissa.
Instead of
looking at Clara
Ware Sale and Clara Sale Hurt as being two different
people, what if we look at them at them as if they are one and the same?? We know the birthday for Clary Ware is correct. The date for Clara
Sale is shown as being just two years off, but that date is always listed
as an ‘approximate’ anyway. Bear
in mind that when the supposition is made that Clarissa Sale Hurt is the
daughter of Robert Sale, at no place does the name of ‘Ware’ come into the picture. So
– here is the supposition: Clary Ware, born December 11, 1747, married James Hurt, thereby making her name now Clara Ware Hurt.
James and Clara (Ware) Hurt
have the two daughters named Agnes
and Elizabeth. As will
be seen later in this chapter, both daughters carry the family names of Ware,
Hurt, and Sale onto their children. This
is an important clue. Clary would have been 20 years old when she
gave birth to her first daughter, Agnes Hurt
in 1767. Notice that name for her firstborn
child. It was very much the custom of
the day to name your child after your mother or father – another clue! Clary Ware’s mother was Agnes Todd Ware. Clary’s second daughter, Elizabeth Hurt, was born January 11, 1769. Clary would have then been 22. James Hurt,
who we know died in 1772, would have left Clary a widow at a very young
age. If she re-married after his death (to Mr. Sale)
that would make Clary’s last name “Sale”
as shown in her father’s will of 1790.
It would also account for her children still holding onto their
father’s name of Hurt – i.e., Agnes Hurt and Elizabeth
Hurt. Unless her new husband
formally adopted them, they would still carry their birth father’s name. Clary, upon her second marriage would have
been Clary
Ware Hurt Sale. There are several documents that lend support
to this theory. References: "Clara
Hurt: 58-1G38-1772, Caroline County, Va.
At a Court held for Caroline County, Va. on 5- ? -1772. "On motion of Clara Hurt (who having taken the oath
prescribed by law) certificate for obtaining letters of administration on the
Estate of her husband James Hurt
dec'd is granted her bond acknowledged and ordered to be recorded.
Ordered Reuben Samuel, Benjamin Robertson, James Munday and John Dismuke or any
three of them being first sworn to appraise the Estate of James Hurt dec'd and
return an Inventory thereof to Court."
(Order Book, Vol. 2, 1770-1772, page 456,
Caroline County, Va.)." This, first,
validates the death date of James Hurt. It also points to the fact that Clara Hurt was our Clara Ware because one of the men designated to
appraise the Hurt estate was Rueben Samuel – his son and namesake would later marry
Nancy
Ware. Nancy was the daughter of Clary Ware’s youngest brother, Edmund Ware. 29 Jun 1802 Reuben Samuel /Nancy Ware Reuben Samuel & Morgan Bryan Father: Edmond Ware marriage record
Caroline
County, Virginia Order Book 1746-1754 Abstracted and compiled by John Frederick Dorman, Washington
D.C. 1970 The above record from
the ‘Virginia Order Book’ lets us know again that James
Hurt died in 1772, but more importantly, that James Ware
was appointed guardian of his daughters.
Clary
Ware’s older brother was James Ware, son of James and Agnes Ware! More evidence: At a Court held for Caroline County, Va. on 6-__-1785. James Ware guardian
to the daughter of James Hurt
vs. Albin Sears and Nathaniel Norment. Also James Ware Extr of James Hurt
vs. Albin Seats and Nathaniel Norment and Matthew Peatross. (Order Book 13, 1785-1787, Caroline County,
Va.) At a Court held for Caroline County,
Va. on 3-_-1787. James Ware Exc of James Hurt Dec’d vs. Albin Sears and Matthew Sears Debt. The
above records show that James Ware
was still the guardian of the girls as of 1787.
We know, however, that James was thinking about moving to Kentucky as
early as 1784, and by 1787, was really putting his affairs in order in
Virginia. (See below) James
would, indeed, move to Kentucky permanently in 1791. With his travels taking him from Virginia to
Kentucky often over the years from 1784 to 1791, it was only logical that Agnes and Elizabeth
would need another guardian who was closer by.
By law, as female minors, they had no rights and could not even marry
until the legal age of 21 without a guardian to represent them. Consequently, in 1787, both Agnes and Elizabeth petitioned the courts to name
William Young as their guardian.
Coincidence? Sources:
2. Order Book 1787-1789, Caroline Co., pg. 1 - as orphan of James Hurt, Agnes and Elizabeth chose William Young as
their guardian - Apr 1787. 3. Marriage, Douglas Register, pg. 70; pg. 24
of the original MSS.
Another source: 13-1K23-1787, Caroline County, Va. At a Court held for
Caroline County, Va. on April 1787 - - Elizabeth and
Agnes, orphans of James Hurt
chose William Young as their guardian. (Order Book
1787-1789, page 1, Caroline County, Va.) “Agnes Hurt was the daughter of James Hurt (1738 - May 1772, Caroline Co., VA) and Clara Sale. She had at least one sister, Elizabeth” Notice this record says that Agnes is the daughter of James Hurt and Clara Sale – showing that, by now, Clary had remarried and was known by her married name. Another website
shows:
Agnes Hurt: Born in Spotsylvania, Virginia,
on 1767 to James Hurt and Clara Sale. Agnes married Richard
Peatross and had 11 children. She passed away on 1828 in Caroline, Virginia. *** Another key factor to remember is that Clary Ware’s
family all lived in Caroline County and owned property in Spotsylvania County -
- notice both counties mentioned above. To further connect Clarissa (Clary Ware)
Hurt Sale to the Ware family – look at the daughters. Agnes Hurt who was born in 1767. She married Richard Peatross in May of 1787,
and they had 11 children. Agnes died in
1828. (Notice
again that Agnes is the name of Clary Ware’s
mother) Assuming that Clary Ware Hurt does remarry and her new husband is Robert Sale – look at how Agnes Hurt Peatross names her children – a very telling sign during this era. These are the children of Agnes Hurt and
Richard Peatross: 1.
James W Peatross born 1783
(The initial ‘W’ could very well be for “Ware”) 2. Richard C Peatross born 1778 married Lucy Johnson 3. William C Peatross born 1784 4. Amey Peatross born 1780 5. Matthew D Peatross born 1783 6. Agnes Peatross born 1786 7. Sarah E Peatross born 1789 married Major W.M.
Mason 8. Clarissa Peatross born 1792 married Richard Turner 9. Joanna Peatross born 1794 married Joseph Lawrence on 20 Sep 1815 11. Mary Ann Peatross born 1813 married Warner M Mason ***
Notice that son #10 is named Robert Sale
Peatross – which would be appropriate for Agnes to do if she wanted to honor
her stepfather – Robert Sale. Also,
traditional Ware family names are James, Richard, William = all brothers of Clary. Another
Agnes appears in #6. Clary’s
second daughter,
Elizabeth
Hurt, born January 11, 1769,
married Thomas Ellis on May 3, 1787. 81-1K23-1787---Elizabeth Hurt, Caroline Co.,
Va. At a Court held for Caroline Co.,
Va, on 4-1787. Elizabeth and
Agnes orphans of James Hurt, chose William Young as their
guardian. (Order Book 1787-1789, Page 1,
Caroline Co., Va.) 82-10A119-1787---Elizabeth
Hurt, Caroline Co., Va. Again,
assuming that Clary
Ware Hurt remarried and her new husband was Robert
Sale (or at least some “Mr. Sale,” as mentioned in records) – look
at how Elizabeth Hurt Ellis named
her children. Elizabeth and Thomas had the following children:
1.
Rebecca
N. Ellis
1789 -1838 married
William Thomson - had 9 children
2.
John
Ellis 1792 -1847 married
Mildred Marshall Ferguson
3.
James
Hurt Ellis Feb. 5, 1793 - 1840
married
Mary C Woolfolk
4.
William
Henry Ellis 1794 -1850 wed Frances
Louisa Duke &
Mary
Dickinson
5.
Elizabeth Hurt Ellis 1796-1796
6.
Sarah (Sallie) Ellis
1797-1876 married
John Thomson
7.
Clarissa (Clara) W.
Ellis 1799-1861 married
William Woolfolk
8.
Thomas Joseph Ellis Jr. 1801- 1882 married
Cynthia Ann
Ferguson
9.
Mary Ann Ellis 1802
-1855 married
Collin
Johnson and had 10 children
10.
Maria Louisa Ellis 1805- 1870
married
David Thomson
11. Robert Sale
Ellis 1807-
1886 married
Emily A Sneed
12.
Richard
P. Ellis 1809 -1862 married
Margaret Vivion Ferguson
13. Frances Agnes Ellis 1811-1880 married
Charles Yancey Crawford *** Notice again a child named for Robert Sale - #11 *** Again, John, James, William, and
Richard were all names of the brothers of Clary Ware. Look
closely at #7 - Daughter named Clarissa W. Ellis - born July 5, 1799, in Orange County, Virginia. Clarissa married William Woolfolk on
Nov. 28, 1816, in Orange County. Her
middle initial of ‘W’ could very well have stood for Ware, but more
importantly, look at her 11th
child!! Their children (which would be the grandchildren of Elizabeth Hurt and the great grandchildren of Clary Ware) were: 1. Thomas Ellis Woolfolk 1817 -1842 2.
Col. William Ellis Woolfolk born Jan.
28, 1819 wed Ann Elizabeth Thomson on Jul 22 1842 died 1860 3. Mary Cole Woolfolk 1820-1821 4.
Elizabeth H. Woolfolk born June
20, 1821 wed Littleton Sneed on Aug 14 1842
Died 1881 5.
Susan Cole Woolfolk born Jan. 30,
1823 wed Robert Goodwin on Dec 15 1838 6.
Dr. John L. Woolfolk born Sep. 23
1824 died 1890 7.
Judge James Hurt Woolfolk born
1826 wed Maria Louise Thomson in 1847 8.
Lee Woolfolk? 9.
Clarissa W. “Clary” Woolfolk born Feb 28 1828
wed Samuel P. Hackett in 1845 11. Robert Ware Woolfolk 1832 #11 Robert Ware Woolfolk was born on Jan. 8, 1832, in
Louisa County, Virginia. Notice the ‘Ware’ middle name. With the above information, it seems more than plausible that Clary Ware first married James Hurt and had two daughters with him. He died in 1772, and her brother, James Ware, became guardian of her daughters. When James moved to Kentucky in 1791, William Young became their new guardian – ironically in the very same year both girls married. Clary married Robert Sale sometime prior to 1790, making him a ‘stepfather’ to her girls. This would account for her name being ‘Clary Sale’ in the will of her father and for the tradition of Agnes and Elizabeth Hurt carrying on the family names. There is no proof at this time for the above supposition, but it gives one pause to wonder. Hopefully, legal documents will appear one day that will fully validate any findings concerning Clary Ware. |
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