Family Tree Maker's Genealogy Site: Genealogy Report: Descendants of Martin William " Gobbler " Jones

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Descendants of Martin William " Gobbler " Jones

Generation No. 2

2. JOHN HODGES³ JONES (MARTIN WILLIAM " GOBBLER "², MR.¹) was born 30 Nov 1805 in Jefferson Co., Tennessee, and died 09 May 1864 in Polk Co., Texas. He married LUCINDA VANWINKLE Abt. 1822 in Jackson Co., Alabama, daughter of JESSE VANWINKLE and CATHERINE. She was born 1808 in Alabama, and died 25 Dec 1887 in Polk Co., Texas.

Notes for JOHN HODGES JONES:
John Hodges and Jesse Riggs founded Jones Prairie. John Hodges and Enoch C. Jones were appointed guardians of the minor children of their brother Jesse. Rhoda E., Eliza Jane, John and Calloway Jones were the minor said children. The appointed was for the Polk County, Texas March Term of 1849. Rhoda E. had married on 21 July 1850 and her sister Eliza Jane had married on 4 July 1856 which had then terminated the guardianship.
At the March Term of 1849, Clisby R. Jones filed his resignation as Administrator, which was accepted, and John Hodges Jones (Clisby's brother), filed application to be appointed Administrator de bonis non (of the goods not administered). This application was filed on 5 March 1849, then on 26 March 1849, John Hodges Jones was appointed Administrator de bonis non of each of these estates, and on that date filed his bond and oath.
NOTE; The Jones Prairie Cemetery is also known as Crossroads Cemetery. Take Highway 59 to Leggett, turn east on FM 942 and go about 1-1/2 miles and the cemetery is on the left before the "Y" in the road. It is across the road from the Jones Prairie Baptist Church.
The following is in regards to two of John Hodges boys being called for Jury Duty for "The Lynching Case" in Polk Co., Texas in the year of 1877. There are other familiar names included;
District Court Criminal Dockets, Spring Term, page 185, The State of Texas vs. Morgan Rye Sr. Et al #1171/1172 Murder April 19,1877 which called for a special venir of fifty jurors.
Potential witnesses to testify were L.P. Jordan, Ed Wiggins, Burgis Wiggins, Dock Cain, T. Cain, Russell Lilley, Geo. Hare, George Wiggins, Henry Wiggins, R.A. Sumrall and Tom Moye.
On about February 17, 1877, two cowboys were abducted, robbed and lynched in the woods of Polk County, Texas. Some say that they were horse thieves; others say that they were just passing through and were themselves waylaid by local criminals. In any event, four - maybe five - locals were accused of the hanging and, after several delays and continuances, were brought to trial in 1880, were convicted
and sent to prison in Huntsville, Texas.
On April 19, 1877, the Grand Jury, following the results of a Jury of Inquest in February, indicted Morgan Rye, Sr., Morgan Rye, Jr., Randolph Fields, Frank Snell and William Owens for murder in the first
degree. The Grand Jury consisted of D.P. Taylor, Elijah Richardson, John Norris, J.W. Richardson, Jr., J.H. Johnson (foreman), and Phillip Rhodes. Asa Emanuel had been called as a prospective Grand Juror but was not selected. The District Judge was Edwin Hobby. During the
proceedings, the following witnesses were called: W.W. Richardson, Wm. Claybrook, R.B. Nichols, Jas. Nichols, H.M. Sansom.
The following witnesses testified to the Jury of Inquest on July 22, 1877:
J.T. Cain sworn says that himself and Brother ware hog hunting and found sign of where horses had been tied and on examination found where some person had been hung found a peace of rope with a
hangmans knot - and upon further examination found the bodies of two men unknown to witness. Said men had a peace of small rope tied round there necks. Sworn to and subscribed before me this Feb 22 1877. L.P. Jordan, JP (Signed by an X) R Cain and J.T. Cain”
Frank Stutts sworn says that he saw one of the deceasts talked with him some two weeks past - and decast told witness his name but witness does not recollect his nam he told witness that he had been out west running stock and that he was going to Vicksburg his people was there decast was riding on horse and leading one and had a 16 shooting gun with him decast ast John Wiggins if he saw a man or met one and Wiggins told decast that he did and that man as if he saw decast. Sworn to and subscribed before me this 22 day of Feb 1877. L.P. Jordan, JP Frank Stutts (Signed by an X).
E.W. Wiggins sworn says that the decast that lies before him et breakfast at his house Friday the 16th of Feb this inst - the two decast was in the custody of Morgan Rye, Sr., Morgan Rye, Jr., Randolph Fields, Frank Snell and Wm Owens. One of said decast was locked with chains the other handcuffed. The possy left witnesses house 9 or 10 oclok and one of the decast said his name was Sam Black. Witness does not recollect what the other prisners called himself. Witness knows nothing further. The above transaction taken Polk County Texas. Sworn and subscribed to
before me this 22nd day of Feb 1877. L.P. Jordan, J.P. E.W. Wiggins (Signed by an X).
Burges Wiggins sworn says that William Owens said that they intended to put the prisoners to a line one of said …. Sworn to and subscribed before me this 22 day of Feb 1877. L.P. Jordan, J.P. Burges Wiggins (Signed by an X).
The case was then continued to October, 1877. It was later continued again to April, 1878 and to October 1878. At that time, attachments were ordered for Ed Wiggins, Burgess Wiggins, Henry Wiggins and Tuk Cain. Also, in Liberty County, attachments were issued for Jesse Lunn and Chas Staten as witnesses for the state. W.W. Hilliard was attached from Newton County. W.H. Nichols posted an attachment bond on October 21, 1879.
Woodville. April 23rd 1879
Dist. Attorney Perryman, Livingston
Dear Sir - I sent a Physician’s certificate of my inability to attend this term of Dist Court suffering as I do from severe Hemorrhoids - and inflation (sic) of the kidneys & bladder & general disibility - I have not been able to scarcely sit stand or walk for six weeks - I do not know vut very little in Morgan Rye case - only this and only what I can testify to - to wit - that M. Rye said to me in conversation would you be willing to help hang them” or are you willing to help hang them - I said I would not engage in any thing of this kind & that was all that I heard - I hope you will excuse me from this term under the above stated circumstances & not put me and my sureties to any expense or trouble. Your truly J W Busby
In the Fall, 1879, the jury selection process took place with the
following citizens being called. Here are the results:
Incompetent                   Challenged by State      Challenged by Deft
Mid Skinner                  Wm Hendry            W.H. McDonald
B. Richardson                  Fred Hill            Miley Peebles
Jesse Rhodan                  J.P. Straughon            R. Swilling
John Chambers C for C            --- Hickman            Jno P Roth
W.D. Hood C for C            Joe Hagan      T.A. Hammond
Asa Emanuel C for C            M.A. Jones (Martin A. Jones)      Thos Leonard
A. Norts                  John Morris            A.G. H---
M. Myers                  S.E. Gressiatt            A.H. Victory
F. Brazzel                  E.T. Harding            W.J. Kennedy
Sam Murphy C for C            J.R. Oats            M.W. McNeil
T.F. Hill                  Rich Richardson            Wm Scurlock
D.P. Taylor Witness            Wm McDonald            W.H. Mathews
S.B. Jones (Samuel Bethel Jones)       J.A. Nelson            R.H. Mills
J.W. Peters                  W.W. Smith            H. Williams
H.C. Harding                  James Mathews            J.--------
Hosey Gay Witness            Abe Peebles            G. Jennings
James H. Hutto                  J.H. Grinnell            - P. Whisenhunt
D. Nichols                  James Oats            Ralph Leggett
                                          Wm Faircloth
Absent
B.D. Hayes                  Josh Abrams            G.W. Hendley
Robt McMichael                  Edgar Walker            Jno B. Taylor
J.M. Nicholson             John Wald            --- M. Dorish
G. Harding                  James Thomas Wm Morrison
John Hammond                  Pierce Mills
John Towns                  Wm. Kerr
A.J. Chandler                  Robt. Kerr
The jury was finally selected and empanelled on December 29, 1879:
Wm. Hinson, J.Y. Foster, E.T. Josey, John Ryan, G.T. Parish, John Walker,
Sam Parish, F.A. Butler, B.H. Glass, J.C. Fagins, G.K. Butler, T.J.
Hilton.
In the 1880 Polk County District Court Appeal, the jury returned a guilty verdict and sentenced the men to life imprisonment.
1850 Polk Co., Texas Census;
John H. age 44 Tn.
Lucinda age 42 Tn.
Jesse age 20 Ala.
Peter age 17 Ala.
Emily age 14 Ark.
James age 12 Ark.
Sarah age 7 Ark.
Alpha age 5 Ark.
Melinda age 2 Ark.

Polk Co., Texas Will Index- Book B 1840-1896;
Jones, J.H. & Lucinda- Will pages 77-78-79-80-81 to 82.

Will I had gleaned from Nollene's email;
*Copy of the Will was obtained by Nollene Marsh at
the Sam Houston Research Library at Liberty, Texas
Typed for clarity by Nollene Marsh

No. 252
THE STATE OF TEXAS
COUNTY OF POLK
~~~~~~~~~~~~~~~~~~~~~

"Mr. John H. Jones and Lucinda Jones, the wife of the said John H., both of the county and state aforesaid, in view of the uncertainty of human life, being advanced in years, but of sound mind and disposing memory, do make, publish and declare this instrument to be our last will and testament hereby solemnly ordaining the same to be sincerely binding upon us and each of us for all time to come.
And first, committing with all humility our souls to the great God who gave them, we will that our bodies be decently buried.
Item 2: We will that all our just debts be promptly paid and for this purpose that the most available personal property belonging to us shall be first used.
Item 3: Owing to the many inconveniences and confusion which would attend and follow an early partition of our estate which is held and recognized as community property, we will and especially desire that the whole thereof so far as may be found practicable, shall be kept together as it shall be at the death of either of us, under the supervision and subject to the control and management of the survivor of us, for and during the time the said survivor shall remain single and unmarried or should said survivor not marry again then for and during said survivors natural life.
Item 4: That upon the happening of the death or marriage of said survivor as the case may be, there in either event, we will that all our said estate, real, personal and mixed, or of whatsoever character it may
then be, shall be equally divided among all the children by us begotten and that each ones distribution a share thereof shall be given in fee simple to him or her entitled, thereto with the exception of the share
of Nancy E. McCormick (wife of Samuel McCormick) and with regard to the said Nancys share, we will that the same be given to her under the terms, conditions and limitations following to wit; that is, to say to and for her sole and separate benefit and be hers during her natural life, not subject or liable to the debts, contracts or dispersal of her husband and at her death to such issue as she shall leave her surviving at the time of her death and in the event of her death without leaving any issue then living, then and in that case, we will that the same shall revert and be equally divided and given in fee simple to our children and their descendants: the issue of such as may be deceased leaving issue to take away themselves the share to which their parent would be entitled were said parent living. And further provided that our daughter Emily McCormick (wife of Henry McCormick) to whom we have this day given by way of advancement, a certain tract of land lying in the said county and state, containing two hundred and seventy-six and three-fourths (276 ¾) acres more or less valued at seven hundred (700) dollars, shall be required to account for the same and take it at said valuation as and for a part of her equal share under the partition aforesaid.
Item 5: At the time said partition shall occur, we desire and so will that the children of William Walker and Francis Franklin, of our deceased son, James Franklin Jones,shall have set apart and given to them or the survivor of them, that portion of our said estate to which their said parent would have been entitled were he then living; and so also of the descendants of any other of our children who may die leaving issue, before the said partition and distribution hereunder it being understood however that
said distribution share shall not be delivered to said children during their minority, but, to some person to be appointed by the proper court guardian for them and that should said children, William Walker and Francis Franklin die without having issue surviving them, our true meaning and intention
is that they or the survivor of them shall have and take only a life estate in the said share and that the same at their death shall be equally divided among our children and their descendants of any of them
shall die before the happening of that event.
Item 6: In order to make them equal with our elder children in advancements made on the occasion of their marriage or setting up for themselves, we give and bequeath unto our minor daughters, Clementine
and Mariah Jones, five hundred dollars (in specie or its equivalent) over and above the expenses which may be necessary for their education and maintenance, until they shall become of age or marry said amount to be given off to each of them upon the happening of either of said events, and they shall not be required to account for the same in said partition and distribution.
Item 7: It is further our will and we so ordain that if at any time or for any cause the said survivor of us who shall always and at all events be allowed to have and take an ample sufficiency out of our said estate for maintenance and support, should find it to be out of his or her power to manage and control said estate as herein contemplated then he or she as the case may be shall be at liberty and have full power to partition and distribute the same, when deemed best in accordance however with the provisions hereof. The said survivor in that event reserving ample sufficience out of our said estate to secure his or her maintenance and support for life and provided always that at the death of said survivor, the remainder thereof if any shall be equally divided among our said children or their descendants as aforesaid.Item 8: We especially provide that the County and Probate Court shall
exercise no further control over our said estate than the Probate hereof and return of Inventory and appraisement of the same.
Item 9: The said survivor is nominated Executor or Executrix hereof as the case may be and not required to give any Bond for the faithful discharge of duty; but said survivor in all matters of fact touching the management and control of our said estate shall consult and advise with our son, Peter. E. C. Jones and should said survivor die or fail to qualify, then we do nominate our sons, Peter E. C. and Samuel B. Jones to be and act as Executors here of.
Item 10: We desire and so will that the professional services and advice of George W. Davis of Livingston in said County and State, in all matters of law touching or arising out of the management and settlement of our said estate, shall be procured.
In testimony of all which we here unto subscribe our names this 28th day
of January an 1864.
John H. (X) Jones with his mark an x in a circle\
Lucinda (X) Jones signed with her mark an X in a circle\\
Signed, published and delivered in our presence by the said H. J. and
Lucinda at whose request we act as subscribing Witnesses.
M. J. Taylor ______________
Henry Hutto ______________

<<<<<<<<<>>>>>>>>>><<<<<<<<<<>>>>>>>>>>>>><<<<<<<<<<<>>>>>>>>

Personally appeared in open Court, Martin J. Taylor and Henry Hutto subscribing witnesses to the will of John H. Jones and being duly sworn say an oath that the paper to which this is attached was exhibited to them by John H. Jones as his last will and that they subscribed their names as subscribing witnesses to said will at the request and in the presence of John H. Jones and that at the time the said John H. Jones was in feeble bodily health, but of sound and disposing mind and memory.
M. J. Taylor
Henry Hutto
Sworn to and subscribed before me in open court this 30th of May 1864.
Wm. Gee Chief Justice

THE STATE OF TEXAS
COUNTY OF POLK

I, R. H. Cubby, clerk of the County Court of said County, do hereby certify that the above Last Will and Testament of J. H. & Lucinda Jones was filed at my office for record May the 30th 1864 & duly recorded
March 13, 1865 in Book J, Wills & e of Polk County records on pages 77-78-79-80-81 & 82. In testimony where of & hereunto set my hand & affixed my seal of office, March 13th 1865.
R. H. Cubby, clerk
SEAL
X"

ANGELINA CO., TEXAS
Company D, 7th Regiment
Texas Mounted Volunteers (Confederate)
Privates;
Berry S. Brashears
Walk(er) Brashears
John M. Brashears
C.T. Jones
Hamp Jones
Henry Jones
James Jones
J. Cal Jones
J.H. Jones
Tib Jones

"Company D Officers: Capt. William H. Cleaver, 25 1st Lt. Alfred L. Hudiburgh, 43 2nd Lt. Hampton A. Parton, 28 2nd Lt. George W. Eaton, 56 Quartermaster Sergeant Mort Cushman, 23 Sergeant John J. Spears, 29 Sergeant Samuel Brown, 25 Sergeant Simon M. Tucker, 37 Corporal Samuel Hdiburgh, 18 Corporal R.W. Thompson, 25 Corporal Aaron Hutchinson, 25 Corporal Samuel S. Page, 27 Bugler Walter C. Spears, 22 Privates: Alexander, Burrel H., 41 Alexander, John, 19 Allen, W.P., 19 Baxter, Alexander H., 25 Brashears, Berry S., 21 Brashears, Jackson M., 28 Brewer, B.W., 40 Bruce, James F., 20 Campbell, Edwin O., 39 Clayton, William H., 23 Cole, Thomas J., 18 Collins, George J., 21 Corley, Samuel, 27 Cornett, George Washington, 31 Courson, Simeon, 18 Courtney, R.J., 22 Courtney, R.W., 19 Courtney, Sol, 21 Daniels, E. Randolph, 28 Davis, William H., 26 Elliott, John, 22 Fairchild, Amos, 20 Finley, Lafayette, 19 Forrest, James, 21 Fuller, B.J., 26 Haley, Thomas B., 22 Herron, J.W., 18 Herron, T.L., 22 Jones, Calloway T., 30 Jones, John C., 21 Jones, John H., 40 Kirkwood, James, 26 Latta, Alexander, 32 Lee, Alexander H., 25 Lindsay, William G., 19 Marler, George W., 25 Maulden, George W., 23 Maulding, W. Haden, 24 McInnis, John G., 19 McInnis, Sam P., 22 McMullen, Ephriam Henry Foster, 18 Middleton, John, 40 Moore, James Berry, 30 Nelson, James, 31 Nerren, Benjamin Franklin, 22 Neyland, James S., 23 Oates, John Washington, 20Perkins, John C., 23 Phillips, William Sebe, 24 Pratt, W. David, 18 Renfro, Benjamin H., 27 Renfro, James D., 22 Rush, Charles A., 22 Scott, John W., 53 Smith, William H., 19 Spivy, George M., 28 Standard, William Henry, 22 Sterne, Solomon, 29 Stringer, James J., 23 Tuberville, A. Jackson, 23 Weeks, J.M., 18 Weeks, J.N., 26 Weeks, J.R. Welsh, Jesse, 25"

NOTE Nollene Marsh:\
According to a historical article published in the Polk County Enterprise newspaper on March 25, 2004, by Wanda Lou Galloway-Bobinger, the curator of the Polk County Museum, the land for the Crossroads-Jones Prairie Cemetery, the original acre, was donated in 1906 by Joseph L. Thomas and his wife, Adaline Susan Hudson-Ward-Thomas, who along with their descendants are buried there. They also donated the land where the present Jones Prairie Baptist church stands today. If this information is correct and I have no reason to doubt that it isn't, then in 1864, when John Hodges Jones died, there wasn't a cemetery at Crossroads. When it is stated that he was buried at Jones Prairie, it was probably on his own land or possibly at the old Winn Cemetery, which is located on private property behind where the Jones Prairie Church is today. That cemetery has been overgrown and negelected for years and a lot of the graves are lost. There is no way to get there except by permission of the property owner.

NOTE Nollene Marsh: \
At Jones-Watts Cemetery, there are three graves, individually mounded as 'tombs', bricks covered with concrete. These mounded tombs have sunk into the ground and are breaking up. These are the graves of Samuel Bethel Jones and his wife, Mary Ann, who have an arched tombstone, engraved with just their initials and dates. Next to them is the grave of their son, Robert L. Jones with a small tombstone, leaning against the 'tomb,' that gives his name and says that he is the son of S. B. & M. A. Jones. There is a grave in 'front' of these tombs, under a tree and beside a bush that has large white rocks covering it. There is no marker. Betty Benton Lyle told me that this possibly could be the grave that Brodie Jones talked about.

NOTE Nollene Marsh:\
While researching another line of my extended Polk County family, I received help and information from Cannon Pritchard, a local historian and genealogist. He had done extensive research on George Westley Nelson, my great-great-great-grandfather on my grandmother, Rreather Kelley Hickman's side of my family. Cannon had done some historical research for the Trinity Masonic Lodge on past Worshipful Masters and in the process, he came across quite a bit about George W. Nelson, who was also a Polk County Judge and Justice of the Peace. Cannon was able to help me to put together a better data base than what I had. We are now researching to see if there is a BAKER connection to Lucinda and Althea Baker-Austin, the first wife of George W. Nelson. Althea was a young widow with one son, Samuel Austin, who came to Polk County, Texas with her parents, Henry & Sallie Baker. Henry Baker arrived in Polk County around 1845 from White County, Arkansas, around the same time that the JONES' came to Polk County. He bought and sold a lot of land around Livingston, and at one time had a homestead close to downtown. On the 1860 census, he is living close to P. E. C. Jones, the Alexander's, and the Winn's. He and George Nelson conducted several land transactions. After his wife, Sally died, he married Malinda Morris in Polk County. In 1867, after about 20 years of marriage and 6 children, George and Althea were divorced. I have been unable to find out the reason. Henry Baker signed a deed affidavit as a witness for Althea about the divorce settlement. Althea and her children left Polk County and moved along with her son from her first marriage to Burleson County. They were all on the 1870 Burleson County census. George remarried to Mary Ann Creel in 1872. By 1880, all of the children of George and Althea, had moved back to Polk County and all of them married in Polk County. From that point on, we are unable to trace Henry Baker or Althea Baker-Austin-Nelson. Another Baker researcher seems to think that they wound up in Kerr County, Texas. We know that the sister of Althea, Alley Caroline Baker-Burton, lived in Kerr County, but we haven't traced her yet. We are continuing to study and research to see if we can make a connection between Henry Baker, Lucinda Baker-Jones and Althea Baker-Austin-Nelson.

More About JOHN HODGES JONES:
Burial: Unknown, Jones Prairie Cemetery, Polk Co., Texas

Notes for LUCINDA VANWINKLE:
Lucinda was living with Julius Adams and Mariah in the 1880 Census. Some research states that she may possibly have the surname of Baker and may not be a VanWinkle.
Brodie Hill Jones was raised knowing that Lucinda was buried under a cement slab near her sons Martin and Samuel in the Jones-Watts Cemetery and his family had always told him that it was Lucinda.
Note; If Lucinda is a Baker, these are the Baker men that signed a petition for a new County seat for White Co., Arkansas with Martin (Gobbler), John Hodges and Clisby Riggs Jones.
Gabriel Baker, Henry Baker and Lewis Baker. Jesse VanWinkle and his sons William and James had also signed the petition. There is a chance that Lucinda is a BAKER and that her father may possibly have been HENRY BAKER.

More About LUCINDA VANWINKLE:
Burial: Unknown, Jones - Watts Cemetery, Moscow, Polk Co., Texas

More About JOHN JONES and LUCINDA VANWINKLE:
Marriage: Abt. 1822, Jackson Co., Alabama

Children of JOHN JONES and LUCINDA VANWINKLE are:

14.	i.	MARTIN ALEXANDER⁴ JONES, b. 23 Sep 1826, Paint Rock, Jackson Co., Alabama; d. 17 Jan 1867, Polk Co., Texas.
15.	ii.	SAMUEL BETHEL JONES, b. 13 Oct 1828, Paint Rock, Jackson Co., Alabama; d. 21 Nov 1893, Moscow, Polk Co., Texas.
16.	iii.	JESSE RIGGS JONES, b. 26 Apr 1830, Paint Rock, Jackson Co., Alabama; d. 14 May 1915, Corrigan, Polk Co., Texas.
17.	iv.	PETER ENOCH CALVIN JONES, b. 1833, Royal Colony, White Co., Arkansas; d. 1879, Burleson Co., Texas.
18.	v.	EMILY JANE JONES, b. 1835, Royal Colony, White Co., Arkansas; d. 15 Nov 1915, Jones Prairie, Polk Co., Texas.
19.	vi.	NANCY ELVIRA JONES, b. 1833, Arkansas Terr., later became White Co., Arkansas; d. Bet. 1864 - 1870, Texas.
20.	vii.	JOHN JAMES FRANKLIN JONES, b. Abt. 1838, Royal Colony, White Co., Arkansas; d. 06 Jun 1862, C.S.A., Hoods Brigade, Civil War, Richmond, Va..
21.	viii.	SARAH ELIZABETH JONES, b. 03 Jun 1844, Royal Colony, White Co., Arkansas; d. 11 Jan 1910, Livingston, Polk Co., Texas.
	ix.	CLEMENTINE CLISBY JONES, b. Abt. 1845, Royal Colony, White Co., Arkansas; d. Unknown.
22.	x.	MELINDA MARIAH JONES, b. Sep 1848, At The Keble Place, Polk Co., Texas; d. Unknown.

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