| |
This
Lineage Page Last Updated August 2023 (Currently under revision
and update)
Thomas Shirley born say 1770 (1820 census profile)
likely in South Carolina. Evidence is building that Thomas Shirley
first appeared in extant records in Rutherford Co NC where a
Thomas Shirley married Betsy Dearing. Championus Shirley and
John Shirley who migrated with Thomas Shirley to White Co TN
also appeared in Rutherford Co NC records. Several other families
closely linked to the Shirleys of White Co TN also migrated from
Rutherford Co NC. Thomas Shirley next appeared briefly in Jefferson
Co TN with Champ Shirley in 1805, then in Claiborne Co TN where
Thomas purchased and sold a parcel of land in that county in
1808. Thomas, Champ and John Shirley migrated to White Co TN
by 1811 when they appeared in tax lists in that year. He then
appeared in the 1820 White Co census with 6 children. He moved
to Marion Co TN sometime around 1825, the date he sold 70 acres
of land in White County and about the time he started to buy
land in Marion Co; He supposedly died between 1825-1830 TN according
to a modern historical account (lacking sources, but may be from
family tradition?). Brother of John
Shirley of White Co TN and Jackson Co AL Branch 24 (source:
Goodspeed bio of Wm Carroll Shirley) Three DNA test takers of this Branch
(who match each other) do not match the Y-DNA of John Shirley
Branch 24 descendants - the latter matches several other Shirley
Branches, thus is confirmed. Additional male descendants of Branch
39 who also have the Shirley surname are wanted to help establish
the "correct" DNA marker pattern for this Shirley family
Branch 39 - However, upon review of the lineage below, there
does not appear to be a male Shirley lineage that would differ
from the three existing DNA test taker results
1800 Rutherford Co NC Census
- (presumed) Thomas Shirley 20010 - 10010 - 00
1810 Tennessee census lost,
older sons married by 1820?
1820 White Co TN Census -
Thomas Shirley 20001 - 02210
Goodspeed's History of Marion
Co TN (bio of William Carroll Shirley s/o John Shirley ) "John Shirley migrated from
his native state to White county, Tenn., and in 1818, moved from
thence to the Sequatchie valley. His brother, Thomas, went to
White county at the same time and moved with him to the Sequatchie
valley in 1818. He, Thomas, and his son, William, sold goods
to the Indians where Whitwell now stands, and the house they
built and occupied as a residence is still standing and in use
as such."
"By 1824, Thomas Shirley
Sr. and William D. Shirley owned land lying along the Sequatchie
River in Marion County. They also bought lots in the new town
of Jasper. Around that time, Thomas migrated from White County
to Marion County and established a trading post. He and Thomas
W. Spicer entered into a business partnership in 1827. The trading
business was located in Jasper, Marion County. According to Court
records, they traded in "negroes, horses, cattle, bacon,
corn, passessory, claims, goods, ware, and merchandise."
The partnership was dissolved in 1834, and a series of lawsuits
followed."
1825 - Power of Attorney Thomas
Shirley Sen. And Margaret Shirley appoint Thomas Shirley Jr our
lawful attorney whatever is due from any person or estate in
the counties of Guilford and Orange in the state of North Carolina
13 Nov 1825 witness Thomas H Spencer, S Hicks 234 - Marion County,
Tennessee Marion County, TN Court of Pleas and Quarter Sessions,
1825, p 234. also DB A 1826.
"Thomas Shirley Sr. migrated
to Cheekville (later called Shirleyton) in Marion County, TN
and operated a trading post. An Indian bought a hunting knife,
but he became disgruntled and returned. He attacked and killed
William Shirley, a son of Thomas Sr. Thomas Shirley Jr. was armed
with a huge poker and was able to fend off the attacker." - Apparently family lore, but also
printed by historian John Wilson without citation (this tale
may not be true)
married (presumed)
1) Betsey Dearing on
7 June 1798 in Rutherford Co NC
married 2) Margaret _______.
She was identified as
spouse when she and Thomas signed power of attorney to son Thomas
Shirley Jr in Marion Co TN
children: (known)
1(i). William Shirley family tradition says he was killed in
an Indian attack. However, it may not be true.
"Thomas Shirley Sr. migrated
to Cheekville (later called Shirleyton) in Marion County, TN
and operated a trading post. An Indian bought a hunting knife,
but he became disgruntled and returned. He attacked and killed
William Shirley, a son of Thomas Sr. Thomas Shirley Jr. was armed
with a huge poker and was able to fend off the attacker." - Apparently family lore, but also printed
by historian John Wilson without citation (this tale may not
be true)
William D Shirley
obtained a TN land grant in 1824 for land in Marion Co TN. [The
only tax list in existant for this county is in 1836 and he is
not on it.] At some later date, A
William Dearing Shirley married in Marion Co TN (Branch
51) migrated
north to Montgomery County, Illinois supposedly in 1828. Enumerated
in Montgomery County, IL 1840 Census, p 371. Montgomery County
, IL 1850 Census, 22nd District, SW Part, p 107 B. Then migrated
to El Dorado County, CA 1860 Census, Mud Springs, p 979. He
may not be the same as the above William Shirley who tradition
claims was killed by Indians.
1(ii). Thomas Shirley, Jr. born 1797 North Carolina. Residing
in Hamilton Co TN in 1840 and 1850 census; Enumerated at District
8 Hamilton Co TN in 1860 census, age 62 b NC farmer with wife
Julia and children Adaline and James B in the household; The
census stated that his real estate holdings were worth $20,000
and his personal estate worth $8,000. These were large amounts
for the area. Living with his son James B. Shirley in the James
Co TN 1880 census, age 82 (James Co was temporarily created,
but reverted back to Hamilton Co in 1919); He died 2 June
1887 at his home in James County (newspaper obit) and was buried
at the Shirley Cemetery at Savannah Bay
Thomas Shirley Jr. was witnessing
land deeds in Hamilton County as early as 1828. In 1836, he sold
Moses Payne five slaves for $3,100. An election was held "at
the house of Thomas Shirley" in February of 1836. He acquired
434 acres, including Williams Island and land on the side of
Walden's Ridge. At his property near Ooltewah, he had a ferry
landing and half interest in the Shropshire mill. John Jackson
Shropshire had married Mary Shirley at Whitwell in 1821. Thomas
Shirley Jr. was active in trying to establish the town of Vannville
(Harrison) and was its first postmaster in 1839. He was an admirer
of the Cherokee Chief James Brown, and he named one son for Brown.
1840 Hamilton Co TN Census
- Thomas Shirley 2101301000000 - 0110010000000
Thomas Shirley Jr. on Nov. 25,
1863, fled his home "under advice from neighbors from threats
that had been made that would cost him his life." Julia
Ann and the daughter, Adaline, stayed at the house, though they
spent most nights with Henry and Louisa Penick. Shirley made
his way to the home of Robert and Eliza Williamson near Tunnell
Hill , Ga. , refugeeing there several weeks. He became deathly
ill, but finally recovered. His wife and daughter arrived with
two horses, a wagon and some bedding, and they went on to join
James B. Shirley at Thomaston. Meanwhile, a Union man, Peter
Monger, took over the Shirley place. He allowed a cohort, Joseph
G. Ritchie, to live there. Other members of Ritchie's family
had been killed by Confederate sympathizers, and he had vowed
revenge. While Ritchie was at the Shirley home, it was burned
down in the winter of 1864-65 by the Confederate William Snow
"and his bandits."
The Chattanooga Commercial
- 3 June 1887, Fri · Page 8 - Death of an Aged Man - Thomas
Shirley aged ninety, an old and much respected citizen of James
County, died at his home last night. He was one of the pioneers
of that section and had a host of warm friends.
1887 [James County TN Record, now defunct] Hamilton County
TN Wills Vol 2 page 1 - Will and Codicil of Thomas Shirley of
Ringold GA - Know all men by these presents that I Thomas Shirley
of Ringgold in the county of Catoosa nd state of Georgia farmer
being of sound disposing mind and memory do make and publish
this my last will and testament. 1st I give and bequeath to my
son James B Shirley all of my estate both real and persona of
which I may be possessed at my death. With the following exceptions.
To my grandson George O Cate Jr I give and bequeath the sum of
one hundred dollars 2nd I give and devise to my belowed wife
Julia Ann a good and comfortable support for life out of my estate.
3rd I give and devise to my son James B Shirley any and all estate
in lands personality which I may acquire after date of this will
afterpayment of my debts and legacies. 4th I ordain and appoint
James B Shirley as executor of this my last will and testament.
In testimony where of I have here unto set my hand and seal and
publish and declare this to be my last will and testament. In
the presence of the witnesses named below. This January 25th
in the year 1873. Thomas Shirley (seal). Wit: A J Robert, W S
Inman, W L Whitman, J L Varnell, J D Shropshire, Ferdinand Jett,
Dated Feb 13 1873 Dr J A Esmon, Hix Padget, Rufas Padget
Codicil - Terms of this codicil or supplement are as follows:
1st My beloved wife Julia Ann having died the said demise and
bequest in her favor is revoked and recalled and in no sense
is to be deemed or held a charge upon the land or other property
bequeathed by my said Will above copied to James B Shirley. 2nd
I do in all othe respects ratify and confirm said Will in which
the above is a copy. 3rd I declare in addition to the statements
in said Will contained, that the lands and real estate intended
to be therein devised lie mainly in James County Tennessee and
on and near the waters of Savannah Creek and through which the
road from Ooltewah in James Co Tn to Georgetown at the Meigs
County line runs past and being known as the Shirley Lands and
about which I once had a lawsuit in the courts of the US with
Peter Monger and is now being occupied by tenants and embrace
800 acres more or less. But my devise and bequest aforesaid to
said James B Shirley is not to be understood as limited and restricted
to the said lands last above referred to; but is to be understood
and his hereby expressly declared to include and embrace all
the lands of which I may die owned or possessed situated in the
County of James in the state of Tennessee and in any other county
in said state and also to embrace any and all lands and personal
property which I may own at my death in any county of the State
of Georgia or any other state or government where ever the same
may be 4th. I also give and bequeath to my said son James B Shirley
all the moneys notes accounts and debts I may die owner or possessed
where ever situated without regard to limits or boundaries of
state or county lines. 5th And if anything remains of my estate
not embraced in the foregoing provisions of this and the Original
Will of 25 January 1873 I give and bequeath the same real perosnal
and mixed rents, moneys choses? in action and everything else
to the said James B Shirley absolutely and forever subject alone
to the payment of all my just debts and the bequest of one hundred
dollars to George O Cate Jr. It is proper to state I have many
years ago give to George O Cate Sr father of George O Cate Jr
all I think he or his child should have of my estate. 20 August
1878. Thomas Shirley (seal) Witnessed by: Maxey Ethridge, Robert
G Andrews, John W Andrews, J L Varnell, J D Shropshire, Ferdinand
Jett. Feb 13 1883: Dr J A Esmon, Hix Padget, Rufus Padget; Recorded
at Oolteway 2 August 1887. J C Heaton clerk, James Co TN; Re-recorded
19 August 1916, John A Hall clerk, James Co TN
married Julia Ann Johnson; she died in the 1870s. buried at the
Anderson Cemetery at Ringgold GA
children:
2(i). Lucien Bonaparte
Shirley born about 1828
TN, age 22 in his parent's 1850 Hamilton Co TN census household
(as Bonaparte Shirley); He appears in court records in Fannin
Co GA in the 1850s apparently a resident of that county at the
time, but is untraced in that region after that date; Lucien
was living next door to his parents in Hamilton Co TN in the
1860 census (as L. B. Shirley), single, age 28 (sic) b TN, occupation:
lawyer, personal estate worth $5,000. He was one of the leading
attorneys of early Hamilton County TN. Untraced after the
1860 census, may have died during the Civil War?
Update 2018:
I recently found record of Lucien B Shirley and Thomas Shirley
(presumably his father) in Fannin Co GA court records in the
mid 1850s, apparently residing in that county, serving on juries,
with LB Shirley taking the oath to practice law in Fannin Co
GA. More research needed.
2(ii). Cordelia Shirley m. George Oliver Cates in Hamilton Co.,
TN. Cordelia died either in childbirth, or soon thereafter. George
Cates remarried a widow, Mary Davis, & had many other children.
George is buried in the Mitchell Cemetery in Hamilton County
TN.
2(iii). Adaline R. Shirley born about 1832; died in 1876 at the
age of 44; buried at the Anderson Cemetery at Ringgold GA
2(iv). Thomas Shirley lll
born about 1834, died
young
2(v). Dr. James Brown Shirley born May 31,1837; 2nd
Co. K of the 1st Confederate Cavalry at Oltewah. He rose to the
rank of third sergeant, but he was captured May 12, 1863, at
Linden , Tenn. He was exchanged the next month and then was hospitalized
at Thomaston , Ga. , in October; graduated from Tennessee Medical
College in 1890 and became a doctor. Living in what was then
James Co TN in 1900 census; He died 1902.
married Mary Acshah Andrews
children
3(i). Adaline Josephine Shirley, married W. Edward McDonald on 2 Sep
1916 at Hamilton Co TN
3(ii). James B. Shirley Jr.
After the family's land
was taken by TVA, James moved to a farm at Winchester
Ancestor
of DNA Kit #723835
Ancestor of DNA Kit #[not part of Shirley project] Matches 723835,
but via different son
married 1st Sarah Conner born
7 Oct 1905; died 18 Feb 1941 at Winchester, Franklin Co TN; daughter
of John Emory Conner and Sally M. Roberson
married 2nd Louise Axmacher Lutz.
children:
4(i). Walter Shirley married Nellie Ruth Morris,
4(ii). James B. Shirley III
died of colitis when
he was three,
4(iii). William Shirley married Retha Hershman
4(iv). Mary Frances Shirley married Phil Burkhalter,
4(v). Jesse Paul Shirley married Willa Ann Myers.
3(iii). Homer Shirley born 17 Sep 1885; died 17 Nov
1941 at Chattanooga, Hamilton Co. TN
married Beulah Wilson.
3(iv). Thomas Griffin Shirley born Jun. 1, 1877. He was living in
the household of his mother in 1910 census, status: Divorced:
He died Jun. 22, 1944; buried McDonald Cemetery, Ooltewah, Hamilton
Co TN
Ancestor
of DNA Kit #39124
married 1st Daisy Hartman; divorced
married 2nd Elizabeth Monger.
children
4(i). Kate Shirley (of 1st wife)
4(ii). James Fielding Shirley who married Louise Glover,
4(iii). Thomas Griffin Shirley
born 8 November 1918
at Ooltewah, James County Tennessee. He died 8 July 1988.
married Jemima Reed on 4 July
1952
children:
5(i). Thomas
Griffin Shirley III
5(ii). Alan
Phillip Shirley
b. July 27, 1957; He was a graduate of the University of Georgia.
He was murdered in Burke Co, Ga July 3-4, 1981. He is buried
in New Boynton Cem next to his father.
4(iv). William Frank Shirley who married Ruby Arnold,
4(v). Glenn Frederick Shirley
who married Lynita Guess,
4(vi). Robert Lee Shirley who married Elizabeth Carlock.
2(vi). Commodore Perry Shirley
died infant
Likely the same Thomas
Shirley from above
The primary
source for the following lineage is the History of Macoupin County
Illinois, published in 1879. Clearly the source for the biographical
information presented for the Shirley family was William C Shirley,
the primary person outlined in the biography. William C Shirley
was the son of James Shirley and the grandson and Thomas Shirley.
Surely William C Shirley would know the details of his father
and grandfather's migration.
Thomas Shirley of
White Co TN
History of Macoupin Co Illinois
(1879) - "Thomas Shirley, moved to Virginia, and after residing
in that state a few years, moved on to Tennessee, where he was
one of the pioneer settlers." Editor: I wonder if Virginia is a memory
error, being North Carolina instead, specifically Rutherford
Co NC?
married _______
children:
1(iii). James Shirley of White
Co and Hamilton Co TN.
Moved to Hamilton Co TN in 1829 where he was an Indian trader.
He died 1829 Editor:
I see no evidence of James Shirley in the records of White Co
TN, Hamilton Co TN or any other nearby county. There is instead
lore that the above Thomas Shirley died in the late 1820s, so
is there some confusion? Maybe Championus Shirley was also known
as James Shirley?
History of Macoupin Co Illinois
(1879) - "James Shirley, was born in Virginia, and was a
boy when the family made their home in Tennessee. In White county
of that state, he married Jerusha Snodgrass. Mr. Shirley's mother
[Jerusha] was born in Virginia, from which state her father emigrated
to Tennessee. The oldest of the two sons by this marriage, was
William C. Shirley.
At that time the Cherokee
Indians, who afterward were removed west of the Mississippi,
occupied a portion of Tennessee and Georgia, and Mr. Shirley's
father [James] was engaged in trading with them in the vicinity
of where, the town of Chattanooga now stands. He moved his family
from White county in 1828, when Mr. Shirley was five years old,
to what is now Hamilton county, Tennessee, where he sold goods
to the Indians till his death, in 1829.
married Jerusha Snodgrass in White Co TN; She apparently re-married
after the death of her husband James Shirley in 1829 (Early
Hamilton Co TN marriage records lost) and lived in Hamilton
County till her death. She died in 1842 according to her son's
biographical information. (Pre-1860s probate records lost
in Hamilton Co)
children:
2(i). Hon. William C. Shirley was born 20 November 1823 in White Co
Tennessee. William and Mary Jane Shirley first appear in Madison
Co. IL census of 1850, age 27. He was elected to the Illinois
General Assembly in 1858 to represent Macoupin County and was
reelected to the House of Representatives in 1866. In the 1900
census, William died sometime prior to 1900, as wife Mary is
head of household and living with her sons, William A. and Rufus
Shirley.
History of Macoupin Co Illinois
(1879) - "William C. Shirley was born in White County, Tennessee,
November 20, 1823....
At that time the Cherokee
Indians, who afterward were removed west of the Mississippi,
occupied a portion of Tennessee and Georgia, and Mr. Shirley's
father was engaged in trading with them in the vicinity of where,
the town of Chattanooga now stands. He moved his family from
White county in 1828, when Mr. Shirley was five years old, to
what is now Hamilton county, Tennessee, where he sold goods to
the Indians till his death, in 1829.
Mr. Shirley's mother married
again, and continued to live there till her death, in 1842. A
considerable number of white settlers had moved into the Indian
country, and a few schools had been established. Mr. Shirley
for a time attended a missionary school at Brainerd (TN), and
also went to school in the neighboring state of Georgia.
At the age of seventeen ,
he determined to begin life on his own account, and accordingly
accompanied A. M. Rollins to Council Bluffa, Iowa, then one of
the principal lndian trading posts on the Missouri river. This
was in the year 1840. Mr. Rollins had been appointed the government
agent to superintend the removal of the Indians out of Iowa into
Kansas and Nebraska, and was the proprietor of a store at Council
Bluffs. Mr. Shirley had gained a good knowledge of the Indian
language while among the Cherokee Indians in Georgia and Tennessee,
and was employed for two years in the store at Council Bluffs;
his accomplishments in the Indian tongue enabling him to discharge
the duties of his position in a very satisfactory manner. He
concluded, however, to settle in a more civilized country, and
in 1842 came to Illinois, and made his home in the neighborhood
of Hillsboro, in Montgomery county.
He undertook the business
of trading in cattle, horses and mules. He bought them in Montgomery
and adjoining counties in the summer, drove them North to Wisconsin,
which state was then rapidly filling up with settlers, who became
ready purchasers; and in the winter, shipped them down the Mississippi,
and disposed of them to the planters in Mississippi and Louisiana.
On the 4th of December, 1845, he was married to Mary J. Hoxsey,
daughter of Dr. Archibald Hoxsey, of Madison County.
After his marriage he was
engaged at farming, in Montgomery county till 1849, and then
removed to Madison county, twelve miles northeast of Edwardsville.
In 1852 he settled in Staunton and began the business of selling
goods, and also improved the farm adjoining the town of Staunton
on which he has since resided .
Disposing of his interest
in the mercantile business, in 1861, during the four years which
followed , a period which embraced the war of the Rebellion,
he was mostly occupied as a government contractor, furnishing
the war department with mules and horses.
After the war, he saw that
a railroad was necessary to the development of the southeastern
part of Macoupin county, and the neighboring counties of Madison
and Montgomery, and accordingly directed his energies toward
the accomplishment of that object. He had already been a member
of the State Legislature, in 1858-9, and was a candidate again
in 1866, with the principal purpose of securing a charter for
building this much needed road. He was sent to the legislature,
and in 1867, secured the charter for the Decatur and East St.
Louis railroad.
An organization uuder the
charter was effected the same year at Litchfield , and Mr. Shirley
was chosen President of the new company. ' He went to New York,
and succeeded in getting the Toledo, Wabash and Western railroad
company interested in the project He consummated all the arrangemcats
with the Wabash company, for
building the road, and then, after the consolidation of the two
companies, resigned his position as president, in 1869. The road
was successfully completed in June, 1870.
He has since been engaged
in farming at Staunton.
In 1870 as contractor, he
completed part of the Indianapolis and St. Louis railroad, between
Terre Haute and Indianapolis, and in 1872 was similarly employed
in building the Helena and Iron Mountain road in Arkansas.
His political record has been
marked by a consistent support of the principles of the Democratic
party. From 1848, when he cast his vote for president for Lewis
Cass, till the preseut time, he has never failed to advocate
the election of the general Democratic ticket. He was a staunch
Douglas man in the exciting political campaigns in Illinois,
previous to the war. In the great coutest between Lincoln and
Douglas in 1858, he was a candidate for the legislature on the
issue of electing Douglas to the United States senate, and in
the ensuing session, he had the pleasure of recording his vote
in favor of the great champion of the principles of Democracy.
While a member of the house
in 1867, the bill was pessed authorizing Macoupin county to borrow
fifty thousand dollars for the purpose of building a courthouse.
The original bill was introduced by John A. Woodson, then state
senator, and authorized the borrowing of one hundred thousand
dollars, but, through the exertions of Mr. Shirley, the amount
was cut down to half that sum . His record in this matter is
one of commendable economy. The subsequent acts legalizing further
appropriations were pussed in 1869, after Mr. Shirley ceased
to be a member of the legislature.
married Mary Jane Hoxsey on 4 December 1845 at Montgomery Co
IL (where William Dearing Shirley, likely a relative, was enumerated
in 1840). She was born 17 August 1825, daughter of Dr Archibald
Hoxsey and his wife, Harriet Stephenson. She was widowed, age
75 in 1900 census for Macoupin Co IL
children
3(i). Harriet Jane Shirley born about 1846 IL, age 4 in 1850 census,
age 13 in 1860 census. She married H.S. Dorsey and they had 6
children
3(ii) Judge Robert B. Shirley born 9 October 1850 in Madison Co IL,
age 9 in 1860 census; He was married and enumerated in Macoupin
Co IL in 1880 census, age 29; He became a Circuit Court judge;
He was enumerated in Macoupin Co IL in 1910 census as a boarder,
widowed, age 57; He died 22 June 1914 (tombstone) while living
in Carlinville Macoupin Co IL; Buried Carlinville City Cemetery
Biographical sketches of leading
citizens of Macoupin County, Illinois (1904) - "Hon. Robert
B. Shirley, a prominent resident of Carlinville, Macoupin County,
and judge of the Seventh Judicial District of the State, whose
portrait accompanies this sketch, was born in Madison County,
Illinois, October 9, 1850, and is a son of Hon. William C. and
Mary J. (Hoxsey) Shirley. His family has long been one of prominence
in Southern Illlinois. Robert B. Shirley attended the common
schools of Madison and Macoupin Counties, and received a good
common school education. In 1873, he entered upon the study of
law in the office of William R. Welch at Carlinville, Macoupin
County, and was admitted to practice July 4, 1876. In 1878 he
entered into partnership with Hon. S. T. Corn, now chief justice
of the Supreme Court of Wyoming, and they continued together
with success until 1885, when our subject began practicing alone.
He has always been an active worker for the success of the Democratic
party, and has frequently been called to offices of public trust.
He has served as chairman of the Democratic Central Committee,
held the office of city attorney of Carlinville three terms,
was master of chancery from 1885 to 1887, and was a delegate
to the National Democratic Convention held at Kansas City in
1900. In 1893 he was his party's nominee for judge of the Circuit
Court in the Fifth Judicial District to succeed Hon. Jesse J.
Phillips, who had been elected to the Supreme bench, and he was
elected the following July without opposition. He was nominated
by acclamation in the same district in 1897, and when the districts
were changed and Macoupin County was placed in the Seventh Judicial
District, he was nominated as judge of the Seventh District and
elected by a large majority. He was re-elected to the office
in 1903 for a term of six years and now serves in that capacity.
In 1900 he was a leading candidate for the Supreme bench of the
State but failed to receive the nomination. Judge Shirley's record
on the bench is above reproach and redounds greatly to his credit.
Possessing essentially a judicial mind, his many years of experience
in practice before the courts have well fitted him for so important
an office, and in the discharge of his official duties he has
gained not only the good will of the entire bar but of the citizens
of the Seventh Judicial District as well. Of keen, discriminating
and impartial mind, he knows no parties to the actions brought
before him and adjudicates all matters according to their legal
light, tempered with a high sense of justice. On October 16,
1879, Judge Shirley was joined in marriage with Etta W. Burton,
a daughter of Henry W. Burton, an honored resident of Carlinville.
Fraternally he is a Mason and Knight Templar, and a member of
the Knights of Pythias and Benevolent and Protective Order of
Elks. - Biographical record: this volume contains biographical
sketches of leading citizens of Macoupin county, Illinois
married 1) Etta Burton, daughter of Henry Burton who was living
with them in the 1900 census of Macoupin Co IL; She died 8 October
1908 in Macoupin Co IL, Buried Carlinville City Cemetery
married 2) Harriet G Steidley of Carlinville on 30 November 1910
no children
3(iii). Mary Elizabeth Shirley born 1 February 1855 in Illinois, age
5 in 1860 census. She married Abolom Dempsey in 1882. She died
11 February 1929 and is buried in Memorial Park Cemetery in Sedalia,
Pettis Co MO.
3(iv). William A. Shirley born August 1857 IL, age 3 in 1860 census,
age 15 in 1870 census. He was living with his mother in 1900
census of Macoupin Co. IL, age 43. Resided for several years
in St. Louis. His estate and will were administered in Macoupin
Co IL in 1903. He bequeathed all of his estate to his siblings,
thus implying he died single.
3(v). Rufus Shirley born about 1860, age 4 months in 1860
census, age 10 in 1870 census; Lived with widowed Mary Shirley
in 1900 census, age 40; He lived with sister Virginia Smith in
1910 census, "single" (sic), age 49
married Emma Walters and they had a daughter, Mary Jane.
no children
3(vi). Virginia Shirley born about 1862 IL, age 8 in 1870 census;
She married Harry T. Smith and they had 2 children (Shirley and
Virginia)
2(ii). 2nd Oldest son (mentioned but unnamed in History of
Macoupin Co Illinois biography) born say early 1820s in Tennessee
Who is this?
Are there male Shirley surnamed descendants of this son?
2(iii). possibly other children?
Knoxville Daily Chronicle, January 29, 1871, Page 4
Important Decision by Judge Trigg
A Deep-Laid Plot Exposed
Judge Trigg delivered a very important judgment yesterday in
the equity side of the Circuit Court in the case ot Thomas Shirley
vs. Peter Monger, argued some terms since. A statement of the
facts of the case, as it is one of considerable magnitude, may
not prove uninteresting.
In March, 1868, Messrs. Baxter, Champion and Ricks filled
a bill in equity in the Circuit Court for Thos. Shirley against
Peter Monger and others, of Hamilton county, East Tennessee.
The material allegations of the bill were, substantially,
these: Mr. Shirley charged that, in November, 1863, he was compelled
to leave his home, near Harrison, Hamilton county, and flee to
Georgia, because of his sympathy for the Confederate cause. At
the time he left, he owned, unincumbered, a valuable tract of
land ot 800 acres, worth $20,000.
In October, 1865, he alleges, the defendant, Peter Monger,
obtained a judgment against him for $10,000 and interest on a
note purporting to have been executed by Thomas Shirley (the
complainant) to one John W. Westmoreland for $10,000, on the
1st of December, 1863, and endorsed by Westmoreland for value
received to defendant, Peter Monger. This note
Shirley alleges was a forgery; that at the time it purports to
have been executed he was lying at the point of death in Georgia;
that he never owed a debt of anything like that amount to any
one; that no such a man as John W. Westmoreland ever lived or
could be found; that the endorsement was a forgery and the whole
claim and judgment fraudulently procured by Monger and his confederates,
to obtain possession and title to his farm. Under the judgment
obtained at Harrison, the land was sold and Monger became the
purchaser. The note, after judgment was rendered, was taken by
some one from court and has never since been seen. Afterward,
to complicate the plot, Shirley charges Monger had the farm libeled
for confiscation in the District United States Court here, and
condemned for sale. Monger then intervened and set up his claim
under the judgment at Harrison. Shirley alleged the whole proceeding
fraudulent and a conspiracy to get his land; that he never knew
anything about the judgments or sale until he returned home after
the war, and prayed that the judgments of Harrison and Knoxville
might be set aside, and a writ of possession for his land awarded,
and a decree rendered for back rents. Monger answered and denied
all the allegations, particularly the forgery conspiracy; claimed
that he bought the note from Westmoreland. for Confederate money,
in good faith. The proof failed to identify any such man as John
W. Westmoreland, but showed, on the other hand, that Shirley
was a close business man, and never owed any large sum of money
or had such dealings as to make the execution of a note of that
amount necessary.
Judge Trgg, in delivering his opinion, characterized it as
one of the most remarkable cases he ever knew; made some severe
comments upon the fraud and rascalitv developed, and ordered
counsel for Shirlev to prepare a decree setting aside the judgment
in the court at Harrison: the order of condemnation, sale and
intervention in the District Court at Knoxville; an order awarding
possession of the land to Shirley, and an account for back rents
since I865, allowing Monger credit for the amount paid on the
condemnation in the District Court.
The decision is worth about $20,000 to Mr Shirley, and for
this reason, as well for the peculiar and startling facts developed,
is worthy ol especial attention.
--------------------------------------------
Cases Argued and Decided in the Supreme Court of the United
States
Volumes 86-89; By United States. Supreme Court
October Term 1874, page 449
Mr. Justice Swayne delivered the opinion of the court:
This is an appeal in equity from the Circuit Court of the United
States for the Eastern District of Tennessee. Shirley was the
complainant in the court below.
His bill alleges that Monger instituted proceedings against
him by by attachment in the Circuit Court of Hamilton County,
Tennessee, upon a promissory note purporting to be executed by
Shirley to John W. Westmoreland, for the sum of $10,000, dated
December 15, 1863, payable three months from date and indorsed
y the payee to Monger; that a judgment was rendered against Shirley
by default; that a large and valuable farm belonging to him was
sold under the judgment and bought in by Monger; that Shirley
was then absent from Tennessee and was ignorant of the proceedings;
that the note and indorsement were forgeries, and that the whole
proceeding, culminating in the sale of the farm, was a gross
fraud upon Shirley, perpetrated by Monger. It is further alleged
that Monger, in certain proceedings in confiscation in the District
Court of the United States for the District of East Tennessee,
had fraudulently acquired a title to the life estate of Shirley
in the farm. The prayer of the bill is, that Monger's title may
be annulled, that he may be compelled to account for the rents
and profits of the property, and for general relief. Monger answered
and denied all the material allegations of the bill. Testimony
was taken upon both sides. The court below sustained the bill
and decreed accordingly. Monger thereupon removed the case, by
appeal, to this court......
The facts alleged by Monger are as follows: Shirley sympathized
with the rebel cause, and early in the war removed to Georgia,
within the insurgent lines. While he was there, a man, claiming
to be John W. Westmoreland, came to Tennessee, passed through
the lines of the Union Army, and offered to sell the note to
Monger for its face in Confederate paper, which was then and
there worth ten cents on the dollar. Monger bought the note,
underdue, and paid for it accordingly.
The deposition of David Westmoreland was taken in December,
1868. He testified that about three months before that time,
a man, claiming to be John W. Westmoreland, came to his house
and said the object of his call was to ascertain whether they
were related. He mentioned that he had sold the note of Shirley
to Monger. The witness had never seen him before, and never saw
him afterwards. The note disappeared from the files of the court
and could not be found. There is no proof of any consideration
for giving the note, and none of its execution, as to time, place
or circumstances. The testimony of John W. Westmoreland was not
taken, and there is no proof that a person of that name was or
had been in existence, except the testimony of the David Westmoreland
before mentioned, and his further testimony that he had a brother
so named, who lived and died in Missouri before the war.
According to Monger, the seller of the note came secretly
and departed secretly. There is no proof that at that time he
saw anyone but Monger. There is no trace of his residence or
presence anywhere, before or afterwards. The deposition of David
Westmoreland in nowise identifies the stranger who called on
him, as the person he assumed to be. The testimony is injurious
to Monger. That person, whoever he was, was living in the fall
of 1868, while this suit was £ and more than four years
after the alleged transfer of the note to Monger. He was willing
to give Monger the benefit of his declarations to David Westmoreland
for whatever they were worth. His disappearance and subsequent
non-appearance can be accounted for only upon the ground that
he was afraid to put himself within the reach of the law by appearing
as a witness.
Shirley's deposition was taken. He swears positively that
he never executed the note and that he never knew anyone of the
name of the payee.
Richey, a witness in his behalf, testifies that Campbell and
Monger conspired together and forged the note. The character
of Richey for truth is shown, by a host of witnesses, to be very
bad. The character and testimony of Richey are destroyed by the
witnesses called to impeach and contradict him.
There is proof that, at the date of the note, Shirley was
very ill, and if not then unable to execute a note, certainly
gave none. The effect of this evidence is much weakened by the
adverse depositions taken by Monger. We have, therefore, laid
the testimony of all these witnesses out of view. There is no
evidence of the slightest weight that the signature to the note
was in Monger's handwriting. The whole superstructure of the
case as regards the note rests upon the unsupported declarations
of Monger. It is unnecessary to pursue the subject further. The
facts of this branch of the case are as free from doubt and difficulty
as is the law. They fill the largest measure of conviction in
the mind, that the note was a forgery, that Westmoreland, if
not a myth, was a party to the crime, and that he has wisely
shrunk back and since remained in guilty concealment.
But it is insisted that Monger has a valid title to the life
estate of Shirley in the farm, derived from the confiscation
proceedings, and that, therefore, the plaintiff's case must fail.
The life estate was sold in those proceedings, and Monger bought
it in for $700. Before the sale was confirmed, Monger intervened
and represented that before the libel of information was filed,
he had attached the premises, and he insisted that his lien,
thus acquired, was paramount, as well as prior, to that of the
government. The court decreed that the money he had paid, less
the costs, should be refunded to him, and that the Marshal should
execute a deed conveying to him the life estate of Shirley. Both
were accordingly done. The latter order was an extraordinary
feature in the case. The proceedings in behalf of the United
States were thus used to pass a title for which they received
nothing, and it was conveyed to Monger, who paid nothing for
it. If the attention of the court had been called to the error
in the entry, it would doubtless have been corrected. The same
learned judge who made the order enjoined Monger in this case
perpetually from asserting the title. This shows that he attached
no importance to it. But conceding that the Marshal's deed did
pass the legal title to the life estate, the answer to the objection
is, that under the circumstances, Monger must be held to have
taken it, as he took his title, under the attachment proceedings
in trust, ea maleficio, for Shirley, and subject to all his equities.
It would be a reproach upon the administration of justice, if
such a title, thus acquired, could avail to defeat the rights
of the complainant, and give triumph to the iniquity which has
been practiced upon him. The decree of the Circuit Court is
affirmed.
--------------------------------------------------------
|
Thomas Shirley