I hope to do a biographical sketch periodically on some of the early residents of Livingston County. The first sketch is on Dr. Gustavus A. Brown, who only lived in Smithland for a short time, but even before he moved to Smithland, he made a name for himself in the area.
On 20 May 1811, Gustavus A. Brown gave notice that he intended to apply to the Livingston County Court to establish a town in the point above the mouth of the Cumberland River, at the confluence of the Cumberland and Ohio rivers. He stated that both rivers were navigable, timber was present for ship building and everything necessary for the erection of houses was present. Just two months later, Brown had established his town of Westwood with Lilbourn Lewis, John Daniel, James Gamble and Robert and Cullen Cook as town trustees.
This land on which Westwood was situated had been patented to Gustavus Brown’s father, William Brown of Alexandria, Virginia, as part of a military grant through the newly formed Land Office in 1784. In fact, this tract of land was the first entry filed in the Virginia Military District, which was opened that year for veterans of the Virginia Continental Line. Kentucky did not become a state until 1792 and Livingston County was created in 1798/99 so this land was in Virginia when the land was entered. Gustavus Brown inherited this land by virtue of his father’s will of 1791.
It is unknown if Brown realized any profit from the land he inherited from his father, but we do know from Livingston County land records that a portion of the land was lost due to non-payment of taxes in 1824.
In April of 1831, Brown swore in county court that he did not move to Kentucky with the intention of selling the slaves who came with him. Very likely he arrived in Livingston County not long before that time. It didn’t take long for him to become part of the lively social and business scene in Smithland. In 1832 at Stanley P. Gower’s Hotel, he attended a meeting of merchants, planters and others interested in establishing a national hospital for “the accomodation of boatmen and others who navigate” the Ohio River and its tributaries. Brown was appointed to the committee to prepare a report on the project.
Following the shooting death of Lewis Sanders by Townsend Ashton on Christmas Day 1835, Gustavus Brown was charged with aiding and abetting Ashton in the murder. He was acquitted, as was Ashton. [See my blog of 7 June 2008]
In April of 1838, An event occurred that would end the life of Gustavus Brown. The 18 Apr 1838 issue of the Nashville Whig reports the following: “We learn from S.B. passengers from Smithland that a most dreadful and fatal affray took place at Gower’s tavern in that place on Wednesday night last. Dr. G.A. Brown, an old resident of Smithland, being inebriated at the supper table, the landlady requested another boarder by the name of Clark to assist him to his room. On hearing this, Brown commenced abusing Mrs. Gower, and Clark thereupon forced him to his room, on reaching which, B. drew a pistol and shot C. through the body, immediately below the ribs. C. then plunged a dirk into the heart of B. and left him a lifeless corpse upon the floor. Clark was still alive at the last accounts, though with but little hope of recovery.”
On the 7th of May 1838, a writing purporting to be the last will and testament of Dr. G.A. Brown was produced in open court, but continued to the next term. Again, the will was presented, this time by his slaves, who were to be freed by the provisions of the will. The heirs of Brown objected and had the will set aside. The case went to the Court of Appeals, which decided the will was to be accepted and recorded.
The burial place of Gustavus A. Brown is unknown. Many of the early inhabitants of Smithland are buried in Smithland Cemetery. If Brown is buried there, his resting place is unmarked.
Sources:
Brenda Joyce Jerome. Livingston County, Kentucky Estate Records 1799-1842, (Evansville, IN: Evansville Bindery, 2004), 130.
"Establishment of Town of Westwood, Livingston Co., KY," Western Kentucky Journal Vol 1, No. 3 (Summer 1994), 23.
Published 17 June 2008, Western Kentucky Genealogy Blog, http://www/genealogyblogspot.com/
Showing posts with label Ashton. Show all posts
Showing posts with label Ashton. Show all posts
Tuesday, June 17, 2008
Saturday, June 7, 2008
Murder on Christmas Day 1835
At a party on Christmas Eve 1835 in the home of Thomas McCormick in Smithland, Livingston County, Kentucky, Dr. Lewis Sanders made the mistake of stating that 18 year old Townsend Ashton was drunk. The words were spoken before “the ladies,” embarrassing Ashton and setting the scene for Sanders’ murder.
The next morning, Sanders and Ashton met again in Smithland. According to Jeremiah Minker, Sanders and Ashton were standing close together in the door of Olive and Martin’s store, talking loudly and quarreling. Ashton stepped out on the pavement and then Dr. Sanders stepped on to the pavement. Ashton stepped back off of the pavement and said if Sanders did not back off he would shoot him. Sanders “advanced as he wished to get near him, but he shewed no disposition to strike him.” Ashton, who was holding a pistol behind his body, instantly shot Sanders, who fell immediately to the ground. He died a few hours later.
Wm. Rodgers stated he was sitting on a bench on the street when he saw Townsend Ashton step out on the pavement and Sanders also stepped out. Ashton showed Sanders his pistol and said that if he pursued him, he would shoot him. As he stepped into the street, Sanders advanced rather quickly toward him with both hands open and raised when Ashton instantly shot him. Sanders fell in the direction where Ashton stood, probably against him, when Ashton said “There by God Gentleman I told you I would shoot him.”
Ashton was charged with the murder of Dr. Sanders and West Ashton and Dr. Gustavus A. Brown were charged with aiding and abetting him. Dr. Brown was no stranger to controversy and an incident a few years later would result in his own death - but we’ll save that story for another time.
Among depositions taken following Sanders’ death was that of Thomas McCormick, who stated that after the close of the Christmas Eve party, Dr. Gustavus A. Brown, came back for something he had forgotten and when speaking of the controversy between Ashton & Dr. Sanders, Brown observed there must be an apology or there would be bloodshed and that he would be Ashton’s second [in a duel]. If Ashton would not fight, Brown would & spoke harshly of Dr. Sanders for interfering in his practice of medicine. McCormick was convinced Brown hated Lewis Sanders.
D.B. Sanders stated that some time ago Gustavus A. Brown spoke to him of the impropriety of retaining Lewis Sanders with him [as a physician] that D.B. Sanders ought to dispense with him & take Brown into partnership; there was not more business than two could do and that Lewis Sanders should not take his practice and that a third physician could not live here.
Brown posted bond with Henry Wells and Stanley P. Gower, securities, to guarantee his appearance in court to answer the charges of aiding and abetting in a murder.
Townsend Ashton was arraigned and committed to jail to await his trial at the March term of the Livingston Circuit Court. The indictment states: “Townsend Ashton, yeoman, not having the fear of God before his eyes, but being moved and reduced by the instigation of the Devil on the 25th day of December 1835 ... did make an assault with a certain pistol of the value of 5 shillings against Lewis Sanders upon the left temple of the head ... one mortal wound of the breadth of an inch and the depth of 4 inches ... shot at 10 o’clock of the morning and languished until 3 o’clock of the evening when he died.”
The trial lasted six days. After an investigation of the facts and the arguments of counsel, the jury rendered a verdict of Not Guilty, acquitting the prisoner on the grounds of self defense.
Dr. Gustavus A. Brown was also indicted as an accessory, but when Ashton was acquitted, Brown’s acquittal and discharge followed.
Sources: Livingston County Circuit Court Equity, Ordinary and Commonwealth Cases August 1836-March1837, Box 33 of 142, Accession #A1986-289, Kentucky Dept for Libraries and Archives.
Nashville Banner and Nashville Whig, 8 Jan 1836, GenealogyBank.com.
The next morning, Sanders and Ashton met again in Smithland. According to Jeremiah Minker, Sanders and Ashton were standing close together in the door of Olive and Martin’s store, talking loudly and quarreling. Ashton stepped out on the pavement and then Dr. Sanders stepped on to the pavement. Ashton stepped back off of the pavement and said if Sanders did not back off he would shoot him. Sanders “advanced as he wished to get near him, but he shewed no disposition to strike him.” Ashton, who was holding a pistol behind his body, instantly shot Sanders, who fell immediately to the ground. He died a few hours later.
Wm. Rodgers stated he was sitting on a bench on the street when he saw Townsend Ashton step out on the pavement and Sanders also stepped out. Ashton showed Sanders his pistol and said that if he pursued him, he would shoot him. As he stepped into the street, Sanders advanced rather quickly toward him with both hands open and raised when Ashton instantly shot him. Sanders fell in the direction where Ashton stood, probably against him, when Ashton said “There by God Gentleman I told you I would shoot him.”
Ashton was charged with the murder of Dr. Sanders and West Ashton and Dr. Gustavus A. Brown were charged with aiding and abetting him. Dr. Brown was no stranger to controversy and an incident a few years later would result in his own death - but we’ll save that story for another time.
Among depositions taken following Sanders’ death was that of Thomas McCormick, who stated that after the close of the Christmas Eve party, Dr. Gustavus A. Brown, came back for something he had forgotten and when speaking of the controversy between Ashton & Dr. Sanders, Brown observed there must be an apology or there would be bloodshed and that he would be Ashton’s second [in a duel]. If Ashton would not fight, Brown would & spoke harshly of Dr. Sanders for interfering in his practice of medicine. McCormick was convinced Brown hated Lewis Sanders.
D.B. Sanders stated that some time ago Gustavus A. Brown spoke to him of the impropriety of retaining Lewis Sanders with him [as a physician] that D.B. Sanders ought to dispense with him & take Brown into partnership; there was not more business than two could do and that Lewis Sanders should not take his practice and that a third physician could not live here.
Brown posted bond with Henry Wells and Stanley P. Gower, securities, to guarantee his appearance in court to answer the charges of aiding and abetting in a murder.
Townsend Ashton was arraigned and committed to jail to await his trial at the March term of the Livingston Circuit Court. The indictment states: “Townsend Ashton, yeoman, not having the fear of God before his eyes, but being moved and reduced by the instigation of the Devil on the 25th day of December 1835 ... did make an assault with a certain pistol of the value of 5 shillings against Lewis Sanders upon the left temple of the head ... one mortal wound of the breadth of an inch and the depth of 4 inches ... shot at 10 o’clock of the morning and languished until 3 o’clock of the evening when he died.”
The trial lasted six days. After an investigation of the facts and the arguments of counsel, the jury rendered a verdict of Not Guilty, acquitting the prisoner on the grounds of self defense.
Dr. Gustavus A. Brown was also indicted as an accessory, but when Ashton was acquitted, Brown’s acquittal and discharge followed.
Sources: Livingston County Circuit Court Equity, Ordinary and Commonwealth Cases August 1836-March1837, Box 33 of 142, Accession #A1986-289, Kentucky Dept for Libraries and Archives.
Nashville Banner and Nashville Whig, 8 Jan 1836, GenealogyBank.com.
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