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This one's getting me fresh gray hairs. This Thomas Upchurch was the brother of Gillam Upchurch (both sons of Gillem Upchurch & Eliza Murray, I think). Thomas born c1845 said to have married first Martha Malone. 2nd Mrs. Martha (nee Willoughby) Wheeler, widow of James E. Wheeler on 30 Jan 1892; they had one son, Berry Upchurch, in her hh 1900 (husband Thomas missing). She divorced Thomas August 9, 1892 (count months:), but went back to him, nullifying the divorce. He deserted her in 1893. She remarried to Willie Nemore, divorced Thomas Upchurch again in 1916 because the first divorce didn't "take". HOWEVER, if I have the right Thomas Upchurch, and I believe I do, Thomas was shot/killed in 1909 by Robert Meadows while he was married to Robert's sister (don't know her given name yet). Why divorce a dead man? Because Jackson Co had an overabundance of attorneys?
[NEW CASE] JACKSON COUNTY, TENNESSEE CRIMINAL COURT 1909
STATE OF TENNESSEE
vs
ROBERT MEADOWS
4 August 1909, following to give evidence, State of Tenn vs Robert Meadows, charge of murder: J. M. Lawson, Sam Brown, Fowler Meadows, D. F. Brown, J. M. Shelby, Sid Dairy, Johnson Spurlock, D. B. Jones, Frank Loftis, Lon Jones, Walter Gipson, L. C. Brown, Pink Gipson, John Gipson, Jonas Hopkins, Lam Stafford, G. W. Brown, F. A Hopkins, A. C. Wade, Shug Hopkins.
NOTICE OF DEPOSITIONS TO BE TAKEN on 12 Feby 1910 at residence of Hoover Meadows in the town of Christopher, County of Franklin, State of Illinois of ["Jane" marked through] Carter and Dale Carter. Dated 17 Jan 1910
[Signed] Bob Meadows by M. J. Dixon & D. B. Johnson, Attys at Law
DEPOSITION OF DALE CARTER: Age 32, born Jackson Co, TN, lived there until age 16; away about two years, went back about two years; away another two years, went back and stayed about one year. Presently reside Franklin Co, IL. Knew Tommie Upchurch for peace and violence. It was bad. He was quarrelsome, overbearing and had a dispotion to want to raise and be in fights. Saw him & Bob Meadows in a fight. Upchurch struck first, they clinched, Byrd Anderson slapped Meadows to get him to stop. Dated 12 February 1910
Dale [his X mark] Carter
[Witnesses both sign] J. R. Biby, M. D. Hopkins
MOTION TO REMOVE JUROR: W. W. Draper, counsel for Robt Meadows, said W. J. Burgess, a juror, said soon after the fight that Meadows was guilty, ought to be hung. Howard Ragland & Will Vinson were present when remarks made.
MOTION TO POSTPONE: Cannot go to trial without testimony of Byrd Anderson who lives in Jackson Co, but now is in Sumner Co. Robert [his X mark] Meadows
WARRANT ISSUED: 30 July 1909, charged with Murder 1 (premeditated) against Thomas Upchurch.
WITNESS HOWARD RAGLAND states he lives about 12 miles from Court House.
WITNESS WILLIAM VINSON lives just over the line in Putnam Co., about 14-15 miles, will take about 3 ½ hours to get to Court House.
APPEARANCE BOND: $5,000 from Bob Meadows to State of Tennessee. Principal Bob [X] Meadows, Sureties [all sign] J. N. Carter, B. E. Meadows, W. A. Jones, B. M. Haile, John Jones, G. B. Fowler
MOTION FOR NEW TRIAL: Not enough options given in charge to jury, ie premeditated murder, manslaughter, self-defense . Was thought that Thomas Upchurch had left the country, defendant assisted in moving Upchurch's wife and goods to her father's house.
MOTION TO POSTPONE: Need testimony of Byrd Anderson Sen., Cane Maddux, James Isbell, John Halfacre, Joe Gentry, Dr. Rufus E. Fort [spelled "Ford" elsewhere], Marion Johnson. Further Job Meadows is a very old man, may not be able to testify, but will give deposition that defendant took gun to field for purpose of killing ground hog for witness, who is affiant's grandfather. 15 March 1915
[NO DATE] Deceased lived a while in the State of Illinois about 1900, kept violent character there, can be proved by Thomas Carter and others who knew him there.
Deceased had bought a knife at Marion Johnson's store, found at the scene on day of shooting.
Requires testimony of Rufus E. Ford, a powder and bullet expert from Nashville.
Robert [X] Meadows
PROSECUTION: Contends shot deceased in head while lying on the ground. Deceased was hoeing in tobacco patch, defendant shot him once in right arm and side; then in back as he was fleeing; a third time as he lay on the ground.
DEPOSITION of GILLAM UPCHURCH: Thomas Upchurch was my brother. I am the prosecutor in this case. Shot in a hillside field, 11th District, Jackson Co, TN 29 day of last July, shot in morning, died within two-three hours. I live about 2 ½ miles away.
[Signed] Gillam Upchurch [Filed 19 April 1910]
TESTIMONY of G. W. BROWN, not related to defendant or prosecutor, am Constable 11th District, live 200-300 yard of defendant and in one-half to three-fourths miles from where Upchurch was killed on 29 July 1909. Went with Cowan Brown to where he had lain. Deceased was a low, heavy set man, weighed about 160 lbs, about 30 years old. He married a sister of Defendant. His wife's people moved to her to John Bant Meadows' house a day or two before shooting. It was the understanding that deceased had left the country at this time.
John Bant Meadows is the father of Bob Meadows and the father-in-law of deceased.
Sam Brown is a son of G. W. Brown.
TETIMONY of H. L. BAUGH: Live in Flynn's Lick, occupation physician for 15 years. Defendant asked me to go see his sister who had been sick; defendant suspected poisoning; said deceased had left the country.
TESTIMONY: J. C. Hopkins, no relation to prosecutor or defendant, saw shell casing.
TESTIMONY: John Lee Spurlock: Defendant and deceased were partners in tobacco crop. Tom [Upchurch] once lived at Mine Line. Long Tom Gailbreath asked if Bob made any threats, said "no".
TESTIMONY: Wade Jones lives 300-400 yards from shooting. Saw Defendant moving his sister's things, said Tom had left the country; that Tom had money but had it fixed so no one could get at it except by an order from Ella.
TESTIMONY: Sid Derry states Fowler Meadows is a brother of Bob Meadows.
TESTIMONY: Bob Meadows, age 29 last October. Tom Upchurch married my sister about 10 years ago. Tom Upchurch rented from Jimmie Carter. Sister was vomiting, said she might be poisoned. My brother moved her to father's. My grand father lives with father. I have been married three times and all my wives is living. I have been indicted three times is all.
TESTIMONY: John Meadows age 77. I am the grandfather of the defendant. I have been living at my son John Meadows.
TESTIMONY: John Meadows states "Bob Meadows is my son. Tom Upchurch was my son in law.
TESTIMONY: Ebie Meadows states "I am the wife of Danile [sic] Meadows...I live at Anderson's mill at time of killing...I am akin the deceased".
TESTIMONY: Fred Johnson states "I am a member of the mercantile company J. M. Johnson & Son of Flynn's Lick...Marion Johnson is my father."
TESTIMONY: John Halfacre states Deceased while he lived at Baxter, TN was not peaceable; had trouble with Cam Maddux.
TESTIMONY: May Meadows states "I am a daughter of Daniel Meadows and a cousin of defendant. Near about the same kin to deceased. Ibbie Meadows is my mother."
TESTIMONY: Character witnesses for Defendant are N. B. Young, H. J. Lynch, Jessie B. Spurlock, Ree Roberts, John Spurlock, Riley Spurlock, Uriah Anderson, Lee Carter, Jas Lawson, Will Russel Spurlock
TO JACKSON COUNTY, TENNESSEE SHERIFF:
Canzada Haile, an unmarried woman, is in advanced pregnancy, about five months. Robt Medders is the father. When child born, will be a charge upon the company. Order to bring Robert Medders before me to answer charge. 30 June 1903
[Signed] N. B. Young
7 July 1903, Robert "Bob" Meadows and H. J. Lynch sign bastardy bond for $250.
[NEW CASE or CASES] JACKSON CO, TENN [These appear to be papers misfiled in the case of State of Tennessee vs Robert Meadows, or could be notes by attorney in preparing for Meadows' defense. Transcribed as written]:
"That Jesse was beset and assaulted by Si and others and Si was in act at the time of the shot was fired and Loyd shot to protect his brother who was in danger of death or great bodily harm that Deft Loyd would not be guilty even though Defts were in the wrong in bringing on the difficulty that they had retreated and abandoned the difficulty.
#
"28 Feby 1909 when killing occurred. Died some 3 months thereafter.
#
Alsup vs State
5th Lea
6890 Code as to right to prevent a felony.
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