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David Kincaid - Giles Co. TN
Posted by: Julie Coley (ID *****0145) Date: January 04, 2005 at 06:16:16
  of 112

I am looking for some kind of connection to David Kincaid either by a Martha or Ben Williams who David was living with in the 1850 Giles Co. TN census.

1850 page 417 District #16
154 154 David M. KINCADE 46 M Farmer 1300 KY
Elizabeth 32 F Tenn
Robt L. 17 M Farmer Tenn X
Mary E. 15 F Tenn X
David W. 10 M Tenn X
John R. L. 8 M Tenn X
Emily F. 5 F Tenn
James K. P. 5 M Tenn
Thomas J. 2 M Tenn
155 155 Wm C. KINCADE 25 M Tenn
Elizabeth 31 F Tenn
Nancy C. McMIULLIN 12 F Tenn X
James M. 9 M Tenn
156 156 Benj WILLIAMS 21 M Farmer Tenn
Martha 23 F Tenn X
Wm T. 1 M Tenn
David Kincaid Sr 70 M PA
165 165 Landon KINCADE 50 M Farmer 3,000 KY
Frances 50 F NC X
Willis S. 16 M Farmer Tenn X
Patsy L. 14 F Tenn X
Mary E. 13 F Tenn X
George W. 11 M Tenn X
Ruth E. 10 F Tenn X
Wm JOHNSON 20 M Farmer Tenn X
166 166Thomas G. KINCADE 28 M Farmer 800 Tenn
Sarah N. 27 F Tenn
Frances J. 3 F Tenn
Sarah E. 1 F Tenn
Mary E. MEACE 21 F Tenn X

Benjamin Williams is my 3rd G Grandfather and their son William T. is my second G Grandfather. Why is David Kincaid Sr. living in his household?

William T. Williams was convicted in 1879 of stealing a horse from a David Kincaid, probably David Jr. or his son but was later paroled early because of an outpouring of support from his friends and family in Giles and Marshall Co.

Indictment Horse Stealing

This day the Grand Jury returned into Court in a body and brought with them an indictment against W.T. Williams for Horse Stealing which is in the words and figures as follows to wit. State of Tennessee Giles County Circuit Court July Term 1879. The Grand Jurors for the State of Tennessee good and lawful men duly elected empaneled sworn and charged to inquire for the body of the County of Giles aforesaid upon their oaths aforesaid present then William T Williams on the 1st day of May 1879 in the County of Giles aforesaid did steal, take and carry away from the possession of one David Kincaid one horse of the value of seventy five dollars; the personal goods and property of the said Kincaid, against the peace and dignity of the State, Second Court, and the Grand Jurors aforesaid upon their oaths aforesaid, do further present that the said Williams on the day and year aforesaid in said County, unlawfully, fraudulently and feloniously did receive one horse of the value of seventy five dollars with intent to deprive the true owner thereof and that the same had been feloniously stolen and taken from and was the personal goods and property of the said Kincaid and the he the said Williams then and then well knew the same to have been so obtained, against the peace and dignity of the State Jos H. Fussell Attorney General. A true bill Milton A Carter forman of the Grand Jury (Endorsed thereon as follows) David W. Kincaid, John Smith sworn upon this Indictment in open Court and examined before the Grand Jury August 3rd 1879 Milton A Carter forman of the Grand Jury, David W Kincaid, John Smith, James Johnson, Jos H Fussell Attorney General.

(* Note - David W. Kincaid was probably the son of David M. Kincaid Jr. he would have been abt. 40 years old at the time and William T. was abt. 31)

No 81 The State vs William T Williams Horse Stealing

This day came the Attorney General to prosecute for the State as well as the defendant in his proper person in the custody of the Sheriff of Giles County, who bring arraigned upon the charge in the Indictment in this cause pleads not guilty and for his trial puts himself upon the County and the attorney General for the State doth the like, thereupon came a jury of good and lawful men to wit S.S. Harwell, S.R. Wilkinson, J.D. Hick, S.H. Tucker, S.W. Howard, Epp Tarpley. J.M. Edwards, J.C. Smith, N.B. Worsham, T.C. Baugh, M.S. Clifton, and H.T. Mitchell, who being duly sworn according to law and having heard the evidence the argument of counsel and the charge of the Court and having taken time to consider of their verdict on their oath to say, We the jury find the defendant guilty as charged in the Indictment and assess his punishment at imprisonment in the Penitentiary for the term of eight years and then upon the defendant moved the Court for a new trail of this cause, when motion was by the Court overruled and there upon the defendant moved in arrest of the Judgment in this cause which motion was likewise overruled by the Court and therefore it was demanded of the defendant if he has or knows anything to say why judgment should not be pronounced against him according to the find of the Jury who nothing further saith than he had already said therefore it is ordered by the Court that the defendant W.T. Williams for his offence aforesaid undergo confinement at hard labor in the Jail or Penitentiary house of the State of Tennessee for the tern of Eight Years commencing on this day that he be rendered infamous and be incapable of being examined as a witness in any of the court of this state. That he be disqualified from exercising the elective franchise or holding any office under this state, that he pay the costs of this prosecution for which execution will issue and it is ordered by the Court that the Clerk of this Court immediately after the adjornment of this court notify the Lessees of the Penitentiary of the conviction of the defendant and if they to come or send after him within five days after receiving such notice then the Sheriff of Giles County will at the expense of the Lessees convey the defendant to the Penitentiary and the defendant now here renders his Bill of Executions in this cause which is ordered to be filed and ___ a part of the record in this cause which is now here done and the defendant prays an appeal in the cause to the next term of the Supreme Court of the State of Tennessee to be held at the city of Nashville on the first Monday in December next which is granted by the court and it is ordered by the court that the Sheriff of Giles County convey the defendant to the City of Nashville and deliver him to the Jailor of Davidson County so that he may appear before said court and defendant is remanded to Jail. The court adjorn to tomorrow morning 8 o'clock. W.S McLemore Judge

Tennessee Penitentiary from TN State Library and Archives Book B Page 33
Name: Wm T Williams
Color: White
County: Davidson - Giles Co.
Court: Supreme
Crime: Horse Stealing
When Received: Feb 1, 1881
Date of Sentence: Feb 1, 1881
Term, Years: 8
Age Years: 31
Height: 5' 8 3/4
Weight: 150
Color of Eyes: Gray
Hair: Brown
Complexion: Light
Marks: Scar on forehead in edge of hair
Station of Life: Married
Where Born: Tenn
Trade: Harness Maker
Education: Common
Religion: None
Remarks: Pardoned and Discharged Feb. 17, 1886 by Gov. H.B. Bate at Nashville

Pardons Granted and issued to Convicts by the Governor of the State of Tennessee

William T. Williams Horse Stealing 8 years Febry 17/86 This convict having served nearly six years out of the eight for which he was convicted having an excellent record as a prisoner and good character before convicted also being of respectable family with a wife and children who are ___ dependent and being recommended for pardon by a large number of citizens in Giles Co. where he was convicted and also a long petition from citizens of Marshall Co. where he had lived. I think those a proper one for the exercise of executive clemency and direct the pardon and issue. Wm B Bate, Gov.

Can anyone shed some light on how Martha and Ben Williams are related to David Kincaid Sr.? I feel like he must be a grandfather to one of them as he is 70 years old and they are in their early twenties. But if so, who are their parents?

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