Marion County Turner Family May Be Connected to my Paternal Grandmother and Information Given to Me about the Turners
In a previous blog post, I told that I have European American AncestryDNA matches that descend from John and Patience Turner who lived in Marion County, South Carolina. I also told that I have European American AncestryDNA matches that descend from Stephen Turner who lived in Marion County and suspected to be a descendant of John and Patience. One of the Stephen Turner descendant AncestryDNA matches P. Johnson is also a 23andme match and shares a predominantly Sub Saharan African 32 cM segment with me on paternal Chromosome 9. 23andme shows the Sub Saharan African as Southeast African. The segment also includes a very short little Filipino/Austronesian segment that I found to be Malagasy from Madagascar. Because AncestryDNA has no Chromosome browser, I have no way of knowing what shared segments that I have with all the other Marion County Turner descendant AncestryDNA matches which are affected by AncestryDNA's Timber algorithm which seems to be due to John and Patience having many European American descendants. Some European Americans and African Americans match me and P. Johnson in the same chromosome location, and some of the African Americans were born in Louisiana with all 4 grandparents born in Louisiana.
John Turner was born in 1730s or 1740s. He was bought from Thomas Weathersbee by his wife Patience Turner in Halifax County, North Carolina in 1769. They were already married at the time. He is thought to be the son of a European American man and an African American woman. Some even suspect that his father was Thomas Weathersbee. Patience was thought to be of 1/4 Sub Saharan African ancestry with Irish ancestry. Her father's last name was Smith. Her mother was Rachel Smith. John and Patience and their children relocated to Marion County, South Carolina. Their children and grandchildren married into European American families.
https://diversegenes.blogspot.com/2023/03/dna-connection-between-my-paternal.html
I found that Aunt Carrie has nine AncestryDNA matches that descend from Turner families of Marion County, South Carolina and other AncestryDNA matches that are connected to the Turner families just like I do, but they're assigned as paternal matches. Aunt Carrie is my father Lawrence Nolan Scott's much younger maternal half sister with both of them being children of Mary Alice Gaines. I am wondering if Aunt Carrie's AncestryDNA matches are maternal matches that were mis-assigned as paternal matches or my paternal grandfather Nolan Scott was distantly related to Aunt Carrie's father Willie Prince Simmons Sr through the Marion County Turner families. Both of my paternal grandparents were African Americans born and raised in Southern Louisiana with both parents born and raised there. Willie was an African American born and raised in Alabama with both parents born and raised there. Carrie was the first name of both Grandpa Nolan's mother and Willie's mother.
Aunt Carrie doesn't match me in the same location that I share the predominantly Southeastern African paternal Chromosome 9 segment with P. Johnson, and so I am not sure which of my paternal grandparents the segment came from.
Five of Aunt Carrie's AncestryDNA matches are descendants of Marion County, South Carolina couple Benjamin Sweat and Rebecca Turner.
from Marty Grant's site:
Rebecca Turner:
Notes:
!NOTES:Maiden name per obituary of son Noah Sweat. Also says Noah was born in Marlboro, which suggests Rebecca was of the Marlboro Turners not the Marion/Dillon Turners.
However, since they were in Marion District in 1840, perhaps she's part of those Turners instead. Thus, I've linked her to both, pending more information.
http://martygrant.com/genealogy/familydata/grpf30779.html
Four of Aunt Carrie's AncestryDNA matches are descendants of Marion County, South Carolina couple Moses C. Cook and Sarah Turner.
from Marty Grant's site:
Sarah Turner:
!NOTES:Could be a child of Jesse Turner (1800/10) for he did have a daughter her age in 1830, and she named a son Jesse. However, there are other possibilities for her parents as well, especially Robert Turner or his daughter Martha;
http://www.martygrant.com/genealogy/familydata/grpf30719.html
I have an African American AncestryDNA match that is a 2nd Great Granddaughter of Redmond Weatherbee who was born in North Carolina. Redmond lived in Halifax County, North Carolina. Redmond's parents were Bill Weatherbee and Mary Smith, but information about their ancestral roots are unknown. Without a Chromosome browser, I cannot see what kind of segment she shares with me.
I talked to a Marion County Turner family researcher on the telephone. She and I discussed about the Turner family. She pointed out to me that there was no record of John being born with last name Turner and that he could be the son of his former owner Thomas Weathersbee. She told me that all of John and Patience Turner's children were accounted for but not all of their grandchildren were accounted for. If one of my paternal grandparents was a descendant of John and Patience Turner, then there is a possibility that a grandchild of John and Patience Turner was kidnapped and brought to Louisiana as a slave.
She sent me some documents.
I was given documents that show that Stephen Turner was of mixed continental ancestry. She gave me documents of magistrate court cases. There were court cases against Stephen Turner that referred to him as a free person of color. He was found guilty of libelous and slanderous reports circulated on Charles Hodge of Charles Hodge killing a certain heifer that was found shot on the Great Pee Dee near G. Berry's Plantation in Marion District. Stephen Turner was sentenced to receive on the bare back 39 slashes with a good Hickory whip by the Constable of the precinct. John R. Bethea qualified on oath that he went to Stephen Turner and found in his possession one plow and plowing traces Singleton and chains and Turner acknowledged stealing them out of Philip Bethea's field. Stephen Turner was found guilty and sentenced him to receive forty lashes with a leather strap or buggy Trace to be striped and tied and that he receive on this day week 40 Lashes in like Manner and that he received 40 Lashes every Saturday thereafter until he receives two hundred lashes if to be found in Marion District. She also sent me a record of S.D. Turner's Confederate States Army service record that showed that he was discharged as ""half-blood,". I was told that at least 36 grandsons and great-grandsons of John and Patience Turner were in the Confederate States Army.
1876 court case testimony
Darlington Equity Bill #607
Transcription of testimony from Plaintiff's witnesses
Charles Powers, Joel Martin, John M. Godbold, Rhoda Owens, and Martin W.
Turner.
****
Charles Powers
In Court of Common Pleas
Chas. Powers vs J.A. McEachern
et al
State of Alabama, Barbour County
We, Jno. M. McKleroy & Saul
W. Goode, Commissioners named in the annexed Commission, being in this the 30th
day of April 1873 at 5 o'clock P.M. Assembled in the City of Eufala in the
State & County aforesaid, according to previous noticed duly give to the
commissioners and witness & having first administered to each other and
each of us, the oath endorsed in the Commission entitled “Commissioners Oath,
did swear to take the testimony as follows:
Charles Powers, a witness being duly sworn to testify the truth, the
whole truth, and nothing but the truth, in answering the interrogatories saith:
1st. That he resides in Henry County in State of
Alabama, & has lived there for the last fifteen years. Before that ((p. 2)) time he resided in
States of Georgia and South Carolina.
2nd. That he was born in South Carolina, Marion
District & lived there until between ages of 13 &16 years. He there had 3 sisters and no brothers – the
three sisters names are as follows: Oldest ((word is crossed out)) Penelope,
Margaret, & Sarah Ann – all of whom are living so far as deponent knows.
3rd. His sister Penelope first married Joshua
Griffin, her second husband's name was Shepherd whose Christian name deponent
does not know, her third husband's name was Langston Dupose ((sic)) deponent
thinks, & her fourth & present husband is named William deponent is
informed, & they now live near Nashville, Tenn – The next sisters Margaret
married John Moore & now live near Fort Valley ((sic)), Georgia, the third
sister Sarah Ann, married Thomas Holly, who has since died, & his widow now
lives in Houston County, Georgia.
4th. Deponent believes John Powers was his father
& the father of said ((p. 3)) three sisters.
5th. Deponent says he & said three sisters are
the only issue of said John G. Powers now living.
6th. Deponent says mother is now dead & that
she died in Houston County Georgia about 14 years ago ((Word?? on the??)) best of his knowledge &
belief.
7th. Deponent says Mother's maiden name was “Sarah
Turner.”
8th. Deponent says he has seen mother's
certificate of marriage.
9th. He first saw it in his mother's possession.
10th & 11th. Deponent says he has it, & he attaches it
to his answers hereto.
12th. Deponent says he got it
from one of his sisters last October at the place where his mother died.
13th. Has often seen said certificate in his
mother's possession.
14th. That he heard his mother say that she got it
& was keeping it in order that her children might use it to obtain any
property to which they might become entitled in right of their father.
15th. That he saw his father when he (deponent) was
quite young at ((“father's” is scratched out)) mother's ((p. 4)) house saw him
again where he, deponent, was about 15 years old at his father's house in
Darlington District South Carolina.
16th. That his mother & sisters & self left
South Carolina, he thinks, about the year 1834, & they all came together
first to Alabama & then went back & settled in Houston County Georgia
& lived there some years together; & witness then removed to Henry
County in Alabama where he now resides.
17th. That he knows nothing more in answer to the
direct interrogation.
//ss in different hand, so probably
Charlie's// Charles Powers
To the first cross interrogatory he says:
1st. That his father was tolerably tall, eyes deep
sunken in his head, eyes & hair black, fair complexion, hair, he thinks,
was straight.
2nd. That he does not know anything that will
benefit defendants.
//ss// Charles Powers
Taken & subscribed before us,
Commissioners, in the day & date aforesaid.
Jno. M. McKleroy, }
Saul W. Goode }
Commissioners
****
Martin W. Turner //with
questions included from separate text where available//
South Carolina
Marion County
In Common Pleas
Darlington, S.C.
Charles Powers et al Plaintiffs
against Jas. A. McEachern
Interrogatories in Chief
Interrogatories propounded to
Martin W. Turner a witness produced and sworn on part of Pltff.
//Plaintiff's questions from R.
K. Charles//
1. Where do you reside, how long have you
resided there, what is your age? Resides
in Marion County. Born and raised there,
fifty eight years of age 11th Oct. 1873.
2. Did you know John G. Powers? Have seen John G. Powers, did not know much
of him.
3. Did you know Sarah Turner? Never saw Sarah Turner while called Turner,
but have seen Sarah Powers. It was said
she was married to John Powers before I was born.
4. Did John G. Powers marry? If so who?
Don't know whether he was married or not. It was said he married Sarah Turner, my aunt.
5. When was this? Were you at the wedding & witness of the
ceremony of marriage between John G. Powers & Sarah Turner? If John G. Powers and Sarah Turner married, it was before I was
born. Consequently cannot say when it
was.
6. Who was the person who performed the
ceremony? Does not know.
7. Was he an officer or Minister of the Gospel? Of what denomination of religion? Knows nothing of interrogatory 7th.
8. Who else was there as well as you can
remember? Knows nothing of interrogatory
8th.
9. Did these two persons John G. ((page(s)
missing))
When witness arrived at age to remember
they were living together as man & wife.
Has seen them living together at different places in Marion County. Has visited them when a boy as uncle and
aunt.
((questions for answers 10 - 28
missing))
10. They had children, four in number, three girls
& a boy. The girls were named
Penelope, Margaret, Charles, and Sally.
11. They lived together for a while after witness
remembered, and afterwards separated. //p. 2//
12. Knows nothing in answer to interrogatory 12th.
13. Sarah the wife left the state or started for
Alabama in November 1835. She carried
all the above named children with her.
14. Knows nothing in answer to interrogatory 14th.
15. Knows nothing in answer to interrogatory 15th.
16. Knows nothing in answer to interrogatory 16th.
17. Knows nothing in answer to interrogatory 17th.
18. Knows nothing in answer to interrogatory 18th.
19. Sara Turner (alias Powers had brothers
Reuben, John & William and they exercised the rights and privileges of
white citizens.
20. Her father John Turner lived and died a
citizen.
21. The family were not white people, but the
males of the family exercised all the rights and privileges of white citizens.
22. John G. Powers was no relation to Sarah
Turner that witness knows of.
23. The family of Turner was tinged either with
negro or Indian blood or something else witness knows not what.
24. Not that witness knows of.
25. Knows nothing of interrogatory 25.
26. I did by letters, and by persons coming from
the west every two or three years til I heard she was dead.
27. It was.
28. ((End of question: Hood)).
It could.
29. Did John G. Powers ever make inquiry to your
knowledge about her place of residence?
Not to my knowledge.
30. Please state all else you know about the
matter. The marriage of John G. Powers
and Sarah Turner was recorded in my father's family Bible. My father was named William Turner and
brother of Sarah turner afterwards //p. 3// Powers, My father's family Bible after his death fell
into the hands of my sister Caty Parker, who some years ago removed to North
Carolina and is now dead.
Sword and subscribed before me Sept. 22nd
1873,
W.W. Sellers ((Word??)) his
M.W. X Turner
mark
//Defense questions of McIver
& Boyd from separate pages//
1. If you say you knew the father & mother
of Sarah Turner, say whether they did not move from the State of North Carolina
to South Carolina? In what year did they
move to South Carolina? If you cannot
answer exactly, at about what time? I
did not know the father and mother of Srah Turner they both having died before
I was born, or about the time I was born.
Does not know where they came from nor when they came to this state.
2. Was the mother of Sarah Turner a free colored
woman? Was not the father a slave
purchased in the State of North Carolina from his master, by his wife the
mother of Sarah Turner? Was he not once
carried back to North Carolina & from there recovered by his wife, by the
production of her bill of sale? Knows
nothing in answer to 2nd X Interrogatory as they were both dead
before I knew any thing.
3. If you say you knew Sarah Turner, describe
her appearance, what was her complexion?
Was it not that of a rather dark mulatto? Sarah Turner was dark complected.
4. Did not the mother of John G. Powers after
the death of her husband the father of John G. Powers marry a free negro? Was not this free negro her husband related
to the Turners? Was not this the only relationship between John G. Powers &
the Turners? Knows nothing of John G.
Powers mother marrying a free negro. She
it was said took up with one Cud Oxendine, who was in no way related to the
Turners.
5. Was not John G. Powers when a boy hired to
the Turners? Did he not remain with them until or about the time of his
reported marriage with Sarah Turner?
Knows nothing of interrogatory 5th. But has heard that John G. Powers was bound
to my grandfather, and lived with him as such.
6. What circumstances
caused the Turner family to leave the State of South Carolina, was it not the
result of a trial decided adversely to them, which involved their rights to be
considered citizens? Did it not involve
the question whether or not they were free negroes & was it not decided that
they were free negroes? Some of the
Turner family left the state. So far as
witness knows, of their own free will and accord. Others have never left the State and are here
yet. Witness can't say whether it was
the result of a trial involving their status as citizens or not there was a
trial of their status, and it was decided adversely to them.
7. If you know
anything ele that will benefit the defendants, please state the same as fully
and particularly as if specially interrogated thereto. Knows nothings that further than what has
already been stated.
//same signature blocks as above for Sellers and M.W.
Turner//
****
Rhoda Owens
South Carolina
Marion County
In Common Pleas
Darlington, S.C.
Charles Powers et al Plaintiffs
against Jas. A. McEachern
Interrogatories in Chief
Interrogatories propounded to
Rhoda Owens a witness produced and sworn on part of the Plaintiffs.
//Plaintiff's questions from R.
K. Charles//
1. Where do you reside, how long have you
resided there, what is your age? In Marino
County. Been here sixty year or
more. I am between 60 and 70 years of
age, don't know exactly.
2. Did you know John G. Powers? I knew John G. Powers.
3. Did you know Sarah Turner? I have seen Sarah Powers, who I suppose was
Sarah Turner.
4. Did John G. Powers marry? If so who?
He married as it was said Sarah Turner.
Did not see them married.
5. When was this? Were you at the wedding & witness of the
ceremony of marriage between John G. Powers & Sarah Turner? Can't say when they married as witness was
too young to know.
6. Who was the person who performed the
ceremony? Don't know who married
them.
7. Was he an officer or Minister of the
Gospel? Of what denomination of
religion? Can't say what he was.
8. Who else was there as well as you can
remember? I don't know.
9. Did these two persons John G. ((question
page(s) missing)) Can't say of my own
knowledge, only common report. I has
been a long time ago, when I was young.
10. I can't say of my own knowledge. Report said they had. She thinks four, but don't know whether boys
or girls.
11. They separated, as witness heard, and Powers
went over River
12. Can't say why he left her, thinks it was
about fifty years ago.
13. Can't say, only report'
14. Can't say, only report.
15. Can't say.
16. Can't say.
It was said he went over the river and married again.
17. Never it.
((sic))
18. Think he did, have seen some of the second
children Think he lived with her till his death.
19. She had three brothers Reuben, John, William. Can't say whether they exercised the rights
of white citizens or not, but suppose they did not.
20. Never saw her father, don't know anything in
answer to this interrogatory.
21. I don't know, but suppose they did not.
22. Don't know, but don't think he was.
23. They looked so.
24. Did not look so.
25. Don't think John G. Powers had any negro
blood in him. Where Sarah Turner got
hers witness knows not.
26. Never have.
27. It might have been but witness did not hear.
28. …..
hood? Thinks it could.
29. Did John G. Powers ever make inquiry to your
knowledge about her place of residence?
Not that witness knows.
30. Please state all else you know about the
matter. Knows nothing more.
//Dated 24 Sept. 1873 and signed
by W.W. Sellers, Rhoda Owens made her mark.//
//Defense questions of McIver
& Boyd from separate pages//
1. If you say you knew the father & mother
of Sarah Turner, say whether they did not move from the State of North Carolina
to South Carolina? In what year did they
move to South Carolina? If you cannot
answer exactly, at about what time?
Can't say anything in answer to first cross-interrogatory.
2. Was the mother of Sarah Turner a free colored
woman? Was not the father a slave
purchased in the State of North Carolina from his master, by his wife the
mother of Sarah Turner? Was he not once
carried back to North Carolina & from there recovered by his wife, by the
production of her bill of sale? Don't
know anything in asnwer to 2nd interrogatory.
3. If you say you knew Sarah Turner, describe
her appearance, what was her complexion?
Was it not that of a rather dark mulatto? She was a dark mulatto.
4. Did not the mother of John G. Powers after
the death of her husband the father of John G. Powers marry a free negro? Was not this free negro her husband related to
the Turners? Was not this the only relationship between John G. Powers &
the Turners? Can't say whether she
married a free negro or not but lived with one Cud Oxendine and had several
children. Thinks this was the only
relationship of John G. Powers to Mulattoes, not Turners but Oxendines.
5. Was not John G. Powers when a boy hired to
the Turners? Did he not remain with them until or about the time of his
reported marriage with Sarah Turner?
Don't know. It was before witness
was born.
6. What circumstances
caused the Turner family to leave the State of South Carolina, was it not the
result of a trial decided adversely to them, which involved their rights to be
considered citizens? Did it not involve
the question whether or not they were free negroes & was it not decided
that they were free negroes? Some of the
Turners left the state, some are here yet.
Can't say why they left, only by report.
7. If you know
anything else that will benefit the defendants, please dtate the same as fully
and particularly as if specially interrogated thereto. Knows nothing further.
//Dated/signed/marked as above by Sellers & Owens//
****
John M. Godbold
South Carolina
Marion County
In Common Pleas
Darlington, S.C.
Charles Powers et al Plaintiffs
against Jas. A. McEachern
Interrogatories in Chief
Answers to interrogatories in Chief for Plaintiffs. John M. Godbold produced and sworn.
//Plaintiff's questions from R.
K. Charles, NOT/NOT all keyed same as Martin W. Turner questions//
1. Where do you reside, how long have you
resided there, what is your age? Name
John M. Godbold, am seventy two years of age 10th of April
last. Residence Marion County and a
farmer.
2. Was born and raised in Marion County, and
have never resided more than twelve miles from where I now live.
3. Did you know John G. Powers? I knew John G. Powers from 1811 to the time
of his death in both Marion & Darlington counties.
4. Only by his own statement to me.
5. ((Did John G. Powers marry? If so who?))
Sarah Turner, about 1811 or 1812.
6. I did.
7. I did not.
8. They did.
9. They were.
10. From the time of their marriage in 1811 or
1812 to 1819 or 1820, when John G. Powers left her.
11. There were four children born whilst they lived
together.
12. There were three girls and one boy, the girl
names I do not remember, the boy was named Charles.
13. They did not.
14. John G. Powers left her about 1819 or 1820.
15. None.
16. He did.
17. In a year or two.
18. Sarah Ann Conner.
19. It was said so.
20. Do not know. I have seen one who called
himself Bill Powers, and he said he was John G. Powers' son.
21. In Darlington County.
22. On Catfish Swamp in Marion County.
23. Not that I know. Report said they were not married,
24. She left the state about 1834 or 1835. She left 12 or 14 years after Powers took up
with Sarah Ann Conner.
25. She did.
26. They did.
27. I have never seen any of them since they left
the state til a few days ago I saw Charles.
28. The other day. Had not seen him in many years near 40 years.
29. Not a great deal, but recognized him as I saw
him.
30. I did.
31. I suppose some 16 or 17 years of age.
32. I did not know any thing of the marriage only
by Report. About 1817 or 1818, my father
sent me to John G. Powers house to get him to go and live on, and take charge
of a plantation of his (my father's) on the Pee Dee River. I went, told Powers my business, he said he
would not take his wife and children and carry them on Pee Dee to a sickly
place for any wages. Said he thought
more of his wife and children than to do such a thing. I know they lived together as man and wife he
(Powers) claimed her as his wife and they were regraded as man and wife in the
community, Can't say whether the parents
of Sarah Turner objected to the marriage.
Sarah Turner's character was good.
Her pecuniary circumstances were very good and comfortable for people in
her day or at that time. She had land
stock & money when she married Powers, some two or three hundred acres of
good Catfish land, some horses cattle hogs & C. and some three or four
hundred dollars in money mostly silver.
John G. Powers spent the whole of it and left her in a very destitute
situation. John G. Powers had no
property till he married Sarah Turner when he was known as Gentleman John
Powers, dressing finely and riding fat horses.
33. By her industry, economy and hard work she
managed to buy a fifty acre tract of land upon which she lived till she left
the state with her children.
34. She did, both before and after her marriage,
and before and after the separation.
35. Knows nothing further except by reputation.
//ss// John M. Godbold
//Answers to Cross-Interrogatories – questions not
available//
1. She was a free
woman of Color. I suppose about ¼ negro
or some other blood. Of a light copper colored.
2. Did not know her
parents, Report says they came from Virginia.
Don't know anything about the old people except hearsay. Don't know anything about them except by
Report, which was that parties came after him from Virginia claiming him as a
slave, who turned out to be half brothers to him, and his wife old Patience
(not Penelope) disclosed the facts of his relationship to them, and produced a
bill of sale from their father and his father to her for him, and the parties
acknowledged the relationship and gave up the claim upon him, and after staying
a week or two with him left and went back to Virginia. Sarah Turner's father was said to be a free
person of color half white. Many years
ago there was a suit tried in Marion District involving the status of some of
the children of Joan & Patience Turner and it was decided in their favor
and Sarah Turner Powers brothers after that was allowed the privileges of white
men so far as the law was concerned. In
after years about 1840 the status of some of the grandchildren of old John
& Patience Turner was again tried and was decided against them. Again in 1859 or 1860 the question was again
made as to another grandson M. W. Turner and it was determined in his
favor.
3. Do not know why
Sarah Turner or Powers left the State.
Don't think her removal was the result of any trial involving the status
of her family, the case decided against them as above stated was after she left
the state. Know nothing of any writing
of divorcement never heard of any except that John G. Powers tried to get one
from her and she would not give it to him.
Never heard of any money or note given her to release him.
4. In part from my
own knowledge, and partly from information.
//ss// John M. Godbold.
Answers to Interrogatories in Reply.
1. She was on account
of her good character received and treated as such, though in fact she was not
white.
2. Already answered.
3. She had brothers,
and they exercised all the rights and privileges of white men.
4. They were not,
only before the law.
5. Don't know what
blood she had, whether negro, Indian or any other particular kind. She was of a copper color.
6. She was, and
more than his equal. //Clearly in response to question if Sally was
regarded as John's equal//
7. Superior.
8. Can't say.
9. Can't say anything
about it. Don't know anything. I know John G. Powers mother was well pleased
with the match, and said she never thought John would done so well.
10. I think he was a
white man.
11. Can't say. Report said he was.
12. Can't say. Have heard his son John oldest brother of
Sarah say he served in the War of the Revolution under General Marion, heard
the same from others who were in the Army with him.
13. Already stated.
14. It is stated as
hearsay, except as to the suits involving the status of the parties; they are
of my own knowledge.
15. She was not.
16. Already answered.
17. She had, and John
G. Powers spent it, as already stated.
18. Already answered.
19. Already answered.
20. They did.
21. Already
answered.
****
Joel Martin
State of Alabama – Dale County
We, B.F. Cassaday and W.E. Mauldin,
Commissioners named in the annexed commission, being on the
29th day of May 1873, at 9 o'clock at the office of B.F. Cassaday
Esqr in the town of Ozark and State and County aforesaid, assembled according
to notice of time and place as above stated previously ((these guys are SO
getting paid by the word)) and duly given to all the commissioners and witnesses;
and having first administered to each other and each of us the oath endorsed on
said commission entitled “Commissioner's Oath” did proceed to take the
testimony according to the annexed
interrogatories as follows:
Joel Marin,
being duly sworn to testify the truth, the whole truth, and nothing but the
truth in answer to the interrogatories //not available//, saith:
//Plaintiff's questions from R.
K. Charles//
1. Where do you reside, how long have you
resided there, what is your age? I
reside near Haw Ridge, in Dale County, Alabama.
I have resided in Dale County, Alabama since the year 1847. I was born and raised in Marion District,
South Carolina and remained there twenty-nine years; I moved from there to
Barbour County, Alabama where I resided one year, then went to Pike County,
Alabama and lived four years; then I moved to Stewart County, Georgia and
stayed eight years or about eight years from which place I came to Dale County
Alabama, where I have resided ever since.
2. I know the plaintiffs, Charles Powers,
Margaret Moore, Sarah A. Holly, and Penelope Williams.
3. I have known them from their infancy.
4. They were born in Marion District, South
Carolina, and moved from that place to Alabama when I came, and removed from
Alabama to Houston County Georgia where they now reside, excepting Charles
Powers who now resides in Henry County Alabama and Penelope Williams whose
residence is to deponent unknown.
5. I knew their father and mother.
6. Their father was named John G. Powers and their
mother was named Sarah Powers formerly Sarah Turner.
7. I knew them in Marion District, South
Carolina.
8. They were reputed to have been married and
did live together as husband and wife. I
was at the house of Patience Turner, mother of the said Sarah, when John G.
Powers and the said Sarah returned from Tap Moody's, a Methodist whither they had gone to be married by the
said Moody, and the said John G. Powers and the said Sarah stated on their
return that they had been married by the said Moody. Afterwards the said John G. Powers and the
said Sarah were recognized in the community in which they resided as man and
wife. The marriage was in the early part
of the year 1814, as well as I recollect.
Subsequent to their marriage I saw the affidavits or certificate of the
said Tap Moody and George Powers, brother of John G. in which they stated the
facts of the marriage of the said John G. Powers and the said Sarah. These affidavits or certificate were taken by
me to Marion Courthouse and were recorded by Edward B. Wheeler, Clerk and
Ordinary of said District, and were by him recorded on page 79, I think, of the
Book of ??Remembrances??.
9. I was not at the marriage. They were married at the house of Tap Moody,
a Methodist preacher, who resided in Marion District about eight miles North
east from the Courthouse.
10. The children above-named were born while they
lived together as man and wife.
11. They were born in Marion District South
Carolina.
12. John G. Powers did not continue to live with
his wife but separated from her when the youngest child, Sarah Ann, was about
two weeks old. This separation occurred,
I think, in the month of December 1819.
13. This separation occurred in Marion District,
South Carolina.
14. After said separation the said
Sarah remained in Marion District, South Carolina, for the period of about
fifteen years and from there she moved to Alabama.
15. She took the four children with her.
16. I have known Charles Powers ever since but
have not seen Margaret Moore, Sarah A. Holley and Penelope Williams since about
the year 1839 & the year 1841 or 1842.
I have heard from them occasionally.
17. Said Sarah Powers went first to Alabama from
South Carolina.
18. I knew her in Alabama and the four children
Charles, Margaret, Sarah A. and Penelope were there with her.
19. She remained in Alabama about five years. She
went from Alabama to Houston County Georgia.
20. We all moved to Alabama at the same time.
21. I knew Mrs. Powers and her four children in
Alabama.
22. Since that time Charles Powers has resided in
Stewart County Georgia, and in Alabama.
Margaret and Sara A. have resided in Houston County Georgia, Penelope
resided a while in Houston County Georgia but moved away and when last hard
from was in the state of Tennessee.
22. ((sic)). Charles Powers now resides in Henry County,
Alabama, Margaret Moore and Sarah A. Holley reside in Houston County Georgia,
and the residence of Penelope Williams is unknown. She is supposed to reside near Nashville in
Tennessee.
22. ((sic))
Margaret married a man whose name is Moore, Sarah A. a man whose name is
Holley, and Penelope an man whose name is Williams. I do not personally know the men they married
but have been informed that their names are as above recited.
23. As I am informed, Mrs. Powers is not now
living. She died about fifteen years
ago. She died in Houston County,
Georgia.
24. I saw Charles Powers in Ozark, Dale County
Alabama in March 1872. I last saw
Margaret and Penelope in Stewart County Georgia in the year 1841 or 1842. I have not seen Sarah A. Powers since 1839,
when I saw her in Stewart County Georgia.
25. I can recollect no particular occasion when I
heard Mrs. Powers speak of John G. Powers in Alabama.
26. She did always claim that John G. Powers was
the lawful father of her court children.
27. I did see in her possession a certificate of
her marriage with John G. Powers.
28. It was, I think, in the year 1834 in Marion
District South Carolina. This is the
certificate of which I speak in my 8th direct interrogatory.
29. I have stated fully all I know about here
matters.
Cross 1st. I was acquainted with the mother of Sarah
Turner ?claimed? by the plaintiffs to have been the wife of John G.
Powers. I never saw her father. Her name was Patience Turner. The name of her father was said to have been
John Turner. He died before my
recollection. They lived in Marion
District South Carolina. I know nothing
about the extraction of her father. Her
mother was said to be of Irish descent.
Cross 2nd. I know not of what blood the said Sarah
Turner was. She did pass and was
recognized as a white woman. Her
complexion was dark, her eyes and hair were dark.
Cross 3rd. I was not present at the marriage. Consequently I have not, of my own knowledge,
who were present. I saw some who said
they were there on their return from the marriage to wit, George Powers and
John G. Martin. These, were not
under the influence of liquor. I saw
them just as they were starting to the house of Tap Moody, where the parties
John G. Powers and the said Sarah were to be married, and neither the said John
G. Powers, George Powers, nor John G. Martin were drinking or under the
influence of liquor. John G. Powers was
not in liquor. If John G. Powers were
under any compulsion or ??constraint?? to marry the said Sarah, I know nothing
of it and never heard of it.
Cross 4th. John G. Powers and Sarah Turner had not been
living together in a state of concubinage or adultery before their
marriage. There was no such report in
the neighborhood.
Cross 5th. The marriage was celebrated at the house of
Tap Moody, a Methodist preacher, as I understand, but I can not describe the
house nor the surroundings. The said Tap
Moody lived about eight miles from Marion Courthouse and fifteen miles from
Mars Bluff.
Cross 6th. I was not present at the marriages of the
girls.
Cross 7th. I did not see Mrs. Sarah Powers – or Sarah
Turner – die, nor was I at her burial.
Cross 8th. The answers to the direct interrogations of
plaintiffs are all based upon my own personal knowledge except to the 8th,
9th, 22nd, 22nd, 22nd. & 23rd
, the 15th/
Cross 9th. I came with the said Sarah from South
Carolina to Alabama. I did not accompany
her any further.
Cross 10th. I know nothing further that will benefit the
defendants.
To Reply 1st: There was no report in the neighborhood that
John G. Powers and Sarah Turner lived together in a state of concubinage or
adultery before their marriage. There
was a report that John G. Powers lived in a state of adultery with one woman –
whose name was Conner – given name not recollected. This adultery began soon after his separation
from his wife Sarah Powers, in the year 1820 or 1821. Soon after said separation, John G. Powers
took up with the woman Conner and lived with her where he was overseeing for
John Gibson in Marion District South Carolina one year, and then carried her to
Darlington District where he remained with her until I moved away in the year
1834. Soon after he took up with the
woman Conner, there was a rumor in the neighborhood that he would be prosecuted
and I was present when John G. Powers came and hired his wife, the said Sarah,
not to prosecute him, and the said Sarah gave him her promise in writing not to
prosecute him for living in adultery with the said woman Conner. The rumor in the neighborhood was notorious
that said John G. Powers and the woman Conner were living together in adultery
or concubinage.
Reply 2nd: At the time of the marriage of John G. Powers
with the said Sarah Turner the said Sarah had three brothers over the age of
twenty one years. Her said brothers
passed for white citizens of the State.
I know of her said brothers voting at the elections for representatives
in the State legislature and at other elections. They did perform militia service, and two of
her said brothers were soldiers in the Revolutionary War under General
Marion. I never knew them to testify as
witnesses in the Courts of Common Pleas and General Sessions. One of her said brothers frequently served on
the Grand Jury in said District of Marion.
I do not recollect that either of these ever held any public
office. At the time of said marriage of
John G. Powers with said Sarah Turner,
the family of said Sarah enjoyed all the privileges of white people.
Reply 3rd. Mrs. Sarah Powers always passed for a white
woman in Alabama. I did not live near
her in Georgia.
Reply 4th. I do not know that there was any negro blood
in the mother or father of Sarah Turner.
//ss// Joel Martin
Attest: //ss// B.F. Cassaday
//ss//W.E. Mauldin
Bill of costs:
Commissioners fees $30.00
Sheriff's “ $2.60
Witness (Joel Martin) “ $3.50
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