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Wilkes November 7, 2022 The Legal Troubles of
Robert Bauguess It’s December 6, 1849, and a crowd has
gathered in front of the steps of the courthouse in Wilkesboro, North
Carolina. Many are here to take part
in a land auction that’s set to start within the hour. Others are here to watch the event. One man hopes to stop the auction from
taking place at all. His name is
Robert Bauguess. He’s 72 years old,
and he’s trying to reason with James Gwyn, the man in charge of the
sale. Robert explains to Mr. Gwyn that
the land he is about to sell did not technically belong to the late Charles
Harris. It’s his own land, the land
where he has made his home for more than thirty years. His pleading falls on deaf ears as the
auction begins. Robert Bauguess didn’t come to the
auction alone. He has nine children
who live nearby, and two of his sons came with him. If he’s lucky, one of his sons will be the
high bidder, allowing him to keep the 200-acre tract where he lives. But he knows that’s a long shot. Not only could someone else outbid them,
but he doesn’t have complete confidence that his sons are dedicated to the
cause. After all, if they wanted to
make sure the land stayed in the family, they could have paid what was due a
long time ago and avoided this whole thing. “We’ll start the bidding at $200! Do I hear $250?” The auction has begun. Hands start to raise as the auctioneer
calls out increasingly higher prices.
He’s encouraged when his son John is recognized with a bid of $397,
but that hope is quickly dashed when Owen Hall raises his hand with a bid of
$399. “Going once. Going twice. Sold for $399!” And that’s it. The auction is over. Robert realizes that his home now belongs
to someone else, but that’s when he makes an important decision. “I’ll take them to court.” The Legal Battle Begins Three months later, in March 1850,
Robert Bauguess and his legal counsel are standing before the Wilkes County
Court of Equity to make his case. He
can’t read and write, and he is too poor to hire his own lawyer. The court has appointed him one who has
prepared his statement. It begins by
stating that Robert was residing on the disputed tract in 1844 when he became
indebted to his son-in-law Charles Harris in the amount of $60. In return, he sold his 200-acre home tract
to Harris for $750. That was more than
enough to cover the debt, but he sold it all because he didn’t want to divide
the land.
Robert
Bauguess sold his lower mill tract to Charles Harris in 1841. The
land in controversy was the upper home tract which Bauguess sold to Harris in
1843. This
is located on the south side of Stone Mountain State Park where Big Sandy
Creek crosses Longbottom Rd. It is a
half mile north of Old Roaring River Baptist Church. Robert tells the court that he and
Harris had an agreement that when he was able to repay him, Harris would sell
the land back to him. That has been a
well-known fact in the community.
Robert tells the court that both he and Harris often spoke of this
being a temporary arrangement.
Robert’s statement explains that Harris died the previous July, but
their agreement is still valid. He
should be able to pay $60 to the estate and be recognized as the owner of the
property. Robert stated that Harris left three
minor children named Joseph, Almedia, and Sarah Jane. These were his grandchildren. Since Harris didn’t leave a will, the court
had appointed James Gwyn, a county officer, as the administrator of the
estate. It was soon determined that
Harris was in debt when he died, and his personal property is insufficient to
pay those debts. James Gwyn has sold
this 200-acre tract to settle the estate.
Robert says that Gwyn knew about his agreement with Harris, and that
he shouldn’t have carried out the sale.
He says that the winning bidders – Owen Hall and his partner Thomas
Casey – also knew. He had made this
point very clear to them on the day of the sale! He even tried to give Hall and Casey the
$60 that he owed on the land, but they refused the offer. Now they’re attempting to forcibly remove
him from the only land that he owns.
Family
of Charles Harris (1801-1849) Left
photo: Son Joseph Harris (b1842) Center
photo: Wife Fannie Bauguess Harris
(1818-1891) on left, daughter Almeda Harris McBride (b1846) on right Right
photo: Sarah Jane Harris McBride (b1848) Robert’s lawyers state that the court
should determine if the 1843 deed was a simple transaction or if there was an
agreement that would allow Robert to pay off his mortgage and reclaim the
land. They ask the court to find the
sale to be void and that Robert be declared the rightful owner. The Rebuttal of Hall and Casey There are two sides to every argument,
and Owen Hall and Thomas Casey have a few things to say about this. As the winning bidders, they are defendants
in the case. Their position is
simple: Robert Bauguess sold the 200
acres to Charles Harris in 1843 by way of the sheriff’s auction in
Wilkesboro. When Harris died, it
became part of his estate. The
court-appointed executor James Gwyn sold the land at auction as part of the
settlement, and they offered the winning bid.
Robert has no claim to the land, and he should step aside so that they
can take ownership. The only reason he
has been able to live on the land for the past seven years is because of the
benevolent feelings that Harris had toward his elderly father-in-law. The Witnesses Testify It’s December 20, 1850, and is now
before the justices. Multiple
witnesses will be called over the next two days by both sides. Their testimonies not only provide evidence
in this case, but they also tell us about the people who live in the
community. First up is Henry Greenwell. He says he had a mail route as a contractor
for Charles Harris who was the local postmaster. One day he went to Harris to collect his
money, but Harris said he didn’t have it.
He said what little money he did have, he let Robert Bauguess have in
return for a lien on his land. Henry’s
response was, “OK, so that means you get his land, right?” Harris replied that, no, he didn’t want the
land because he wouldn’t be able to work it.
All he wanted was his money back from Bauguess. The next witness is 50-year-old Thomas
Bryan, a prominent and respected member of the community who also happens
to be a son-in-law of Robert Bauguess, having married his daughter Nancy in
1818. He testifies that he was present
in 1843 when the sheriff sold Robert Bauguess’ land to Charles Harris. In fact, he was planning to bid on the
land, himself. But Charles Harris
asked him not to because he and Bauguess had an understanding that would
guarantee that Harris won the bidding.
Harris would run the bidding up as high as necessary, but Bauguess
would only take the $60 he needed to pay off his debt.
Thomas
Bryan (1800-1862), son-in-law of Robert Bauguess Bryan says that he talked to Harris a
short time before he died. This was
after Harris had gotten sick, but he was still able to walk from his home to
Gwyn and Hickerson’s store in Wilkesboro where he was employed as a
clerk. (We know that Harris spent time
in Wilkesboro in the weeks before he died.
Perhaps he was there for medical attention and was being treated by
Dr. James Calloway for his incessant coughing and chest pains.) Bryan continues his testimony by saying
that Harris said he wished Bauguess would come and redeem his land. He had paid out money for Bauguess, and now
– six years later – he wanted it back.
Harris said that if any of the Bauguess boys (i.e. the sons of Robert
Bauguess) would pay him the money, he would let them have it. He knew they had enough money to do
so. Son John K. Bauguess had offered
to buy part of it, but Harris had promised the old man Bauguess that he would
keep the land all together. Harris
said he had promised Bauguess that he could live on the land during his
lifetime whether he paid the money back or not. The next witness is 48-year-old Nancy
Bauguess Bryan, who was Robert’s daughter and the wife of the previous
witness Thomas Bryan. She says that
Harris asked her three years ago, about 1847, if her father and the boys had
plans to pay him back. She says that she
didn’t know what their plans were.
Nancy
Bauguess Bryan (1802-1885), daughter of Robert Bauguess Nancy’s younger brother, 32-year-old John
K. Bauguess is next to testify. He
says that in February or March 1849 – about four months before Harris died –
he offered to buy part of the land, but Harris refused to divide the
property, even for one of Robert’s sons, unless Robert said it was OK. John says that he was present at the 1849
auction, and that he offered the second-highest bid of $397. The defense attorney asks him if he was
angry with Hall and Casey for bidding against him, “and did you not pronounce
them rascals or damned rascals for bidding against you, and did you not
threaten to whip Thomas Casey for bidding against you?” John replies, yes, that’s true, but only
because Casey had promised not to bid against him. Another of Robert’s sons, 29-year-old David
Bauguess, is next to take the stand.
He says that he talked to Charles Harris on July 1, 1849, just five or
six days before Harris died. Harris
asked him to get his father to make a settlement on the land because he might
not live much longer, and they might be put to some trouble after his death
if the land ownership wasn’t settled. As we watch the testimony wrap up for
the day, we’re asking ourselves a few questions. The plaintiff (Bauguess) is claiming that
he only owed Harris $60. All of the
witnesses have said that if he or his sons had paid Harris that amount, he
could have all of his land back. So
why is his son John bidding $397 at an auction for that same land? It seems like he could have bought it for
only $60 at any point over the previous five years! This suggests that Robert Bauguess might
have been taking advantage of Harris’ generosity. As long as Harris was alive, Bauguess had
the benefit of the land AND the money.
Only, now that Harris was dead, the next landowner wasn’t as
forgiving.
James
Gwyn Jr (1812-1888) was the administrator of Charles Harris’ estate. He
auctioned the 200 acres in 1849. ROUND 2: More Witnesses We’re in the room again a month later when
another group of witnesses testify on January 22, 1851 at the home of justice
John S. Johnson. Witness James
Johnson says that after his return from Orange County in the spring of
1849, he talked to Robert Bauguess.
Bauguess said that he had a lifetime right to live on the property. Witness Polly Holbrook says that
one or two summers ago, Robert Bauguess asked her to borrow money. It was when he was sick with fever. He asked to borrow $500 or $600 to redeem
his land from Charles Harris. Next to testify is 38-year-old James
Burchett who has lived on the disputed tract with his wife Sally and
their children for the past two years with permission from Robert
Bauguess. He says that Robert once
told him that he had sold the land to Charles Harris and that he “had not the
scrape of a pen for a lifetime estate in it, only by word of mouth”. He goes on to say that Bauguess said he
wasn’t afraid of being put off the land if he outlived Harris, because Fannie
would not force him to leave. Fannie
is Robert’s daughter, and the wife – now widow – of Charles Harris. When asked if he is friendly with
Robert Bauguess, James Burchett answers indirectly by saying he tries to be
friendly with everyone. When pressed
further, he admits that he and Bauguess did “have a difficulty” in the past,
and that he hasn’t been back to Bauguess’ house since. James’ wife Sally Burchett testifies
next, and she is more blunt with her opinion about Robert Bauguess. She says, “I can’t say that I’m exactly
friendly (with him), for he has acted ridiculously.” Unfortunately for us, Sally doesn’t
elaborate. But we’re starting to get
the feeling that Robert Bauguess is a stubborn old man who’s set in his
ways. He doesn’t seem to be concerned
with how his actions might affect those around him. The next witness is Anderson Wood,
a 47-year-old neighbor and farmer.
When asked about his knowledge of the land title, he says that in 1847
Bauguess said that Harris paid him $300 to cover the expenses from a lawsuit
against Bauguess regarding some negros.
In return, Bauguess let Harris have the land until he could pay him
back. This is the first we’re hearing
about this other lawsuit, and we’ll revisit this new information a little
later. Round 3: Still More Witnesses Two months later, on March 17, 1851,
we’re at the courthouse in Wilkesboro to hear three days of testimony from
more witnesses. William M.
Forrester, a 52-year-old wealthy businessman says that in 1847 he asked
Charles Harris if he could buy the land now in controversy. He replied that Forrester should go ask
Bauguess. He wouldn’t sell without
Bauguess’ approval, and Bauguess never allowed it. If the testimony up to this point has
been somewhat dry, our next witness would do his part to change that. He gives his name as John M. Brown,
and we wonder if is the 26-year-old unmarried son of Presley Brown. When asked by the defense about his
knowledge of the disputed land, he says that a short time before the death of
Dr. Harris, he was cutting a ditch on the land. Bauguess told him that he would like it
done before the spring, otherwise he would not have it done because the land
belonged to Dr. Harris. When the lawyer for the prosecution
approaches the witness, his first question is, “Are you not very drunk?” Brown replies, “If I am, the law says
prove it. I am no way drunk.” The lawyer asks, “How much have you
drunk today?” “I have not drank anything but water
this day. Set this down: I always drink what’s as much as I
please.” After a futile attempt to get
any useful information from Brown, he is dismissed. Robert’s youngest son, 23-year-old Louis
Bauguess takes the stand. He says
that about 1844 (when he was only 16), he witnessed his father pay Harris
about $111. He remembers his father
preparing to pay $124, but that Harris said Bauguess had better keep a little
of it for himself. Everyone in the courtroom sits up a bit
straighter when 63-year-old former sheriff Abner Carmichael takes the
stand. He confirms the existance of
several receipts. One is dated January
1844 in the amount of $1,667 when Robert Bauguess paid the sheriff by order
of the court. Another is from 1848
when Charles Harris paid the $4 balance owed by Bauguess. He also confirms other receipts for debts
that Charles Harris paid for Robert Bauguess including $100.59 in 1843 as a
result of a court case in favor of John Long and his wife Elizabeth. ROUND 4: Return Of The Witnesses We have to wait two years before the
next witnesses are called on March 21, 1853.
Making their second appearances in the case are sons Lewis Bauguess
and John K. Bauguess. They say they
now remember their father paying Harris on two occasions. Not only did Robert Bauguess pay Harris
$111, but he had earlier paid him $450.
This was payment for the adjoining mill tract property in return for
Harris paying the costs in the suit regarding the negros Eady and her
children. (Here’s another mention of this
prior lawsuit.) ROUND 5: The Last Witnesses It’s another two years before the
controversy is addressed again. More
witnesses are present for questioning on
March 2, 1855, at the home of John S. Johnson. However, Robert Bauguess isn’t present. His 33-year-old son Robert J. Bauguess
arrives in his place with a note stating that his father was not feeling well
enough to attend. When the hearing
begins, Mary Blackburn confirms that Robert Bauguess did ask her to
borrow money, but she refused to lend it to him. William R. Sparks and John S.
Johnson were both witnesses to an 1841 deed, and they remember Charles
Harris paying Bauguess $450 for the mill tract.
Robert
J. Bauguess (1822-1914), son of Robert Bauguess Next to testify is 33-year-old, father
of five, Granville Smoot who remembers Bauguess saying that he had been
promised a lifetime right to live on the land by Harris. The prosecution asks him if the old man was
calm or in a passion, and Smoot says, “He appeared to be in fret.” The defense asks who he was in a fret with,
and he says, “With his own family.” Did
he consider Bauguess at that time to be sane or insane? “I did not consider him insane.” Robert Bauguess was certainly upset about
something, but we’re not sure exactly what that was. Hardin Spicer takes the stand. He is the 49-year-old nephew of Robert
Bauguess who lives nearby. Spicer says
that he spoke to Harris at Harris’ house in Wilkesboro after he became sick
and a short time before his death. The
prosecution asks if Charles Harris at that time expected to die soon. Spicer answers that he did, and that Harris
wanted to make a will with him as executor.
Harris also said that he had a clear deed to all of his land. Spicer ends his testimony by stating that
he believed Harris to be an honest man, never claiming anything but his own.
Hardin
Spicer (1806-1897) talked to Charles Harris about being the executor of his
will. Harris
died before writing the will. The Verdict Is In At the August 1857 term of the North
Carolina Supreme Court held at Morganton, a verdict is finally rendered. We’ve traveled the fifty miles from
Wilkesboro in anticipation of finding out how this case will finally be
decided! It’s been nearly eight years
since the controversial auction of the 200 acres following the death of
Charles Harris. Quiet fills the
courtroom as the judge enters. Taking his seat, the judge reads the
decision, “In this cause, the parties having compromised this suit by
purchasing the interest of the plaintiff in the land described in the
proceedings and by agreeing to pay all the costs of this suit, it is
therefore ordered, adjudged, and decreed by consent of the parties Hall and
Casey, that the defendants pay all property taxable costs.” Wait, what? The parties having compromised? We’ve waited eight years, and the parties have
decided to settle this out of court?
Yes, they did. Back on November
3, 1855, Robert Bauguess sold this 200-acre tract to Owen Hall for
$1,000. We’re left to wonder exactly how
that “compromise” was reached because the court records don’t explain
it. Just when it seemed like Robert
Bauguess was about to lose his home, we find out that he somehow made $1,000 by
selling land that he had already sold once before! That’s an impressive accomplishment. Owen Hall will own this land until his
death, and in 1874 the property will be divided among his children. Robert Bauguess will spend his
remaining years living in the homes of his many children, dying in 1872 at
the age of 95. Now, About That Other Lawsuit We’re not finished yet. We still need to address an issue that came
up in several witness testimonies involving a prior court case that Robert
Bauguess lost. And as it turns out, this
wasn’t Robert’s first experience with the state Supreme Court. Anderson Wood, Abner Carmichael, and Lewis
Bauguess each mentioned a prior lawsuit involving negros. To understand when Robert Bauguess’
financial troubles started, we need to step two decades back in time to March
1832 when Patty Martin sells three negros to Elizabeth Gambill. However, it’s not that simple – it never
is! While Patty still has possession
of her slaves, her brother William Martin claims ownership of them. Elizabeth Gambill takes William Martin to
court, but surprisingly the court sides with William. With the slaves determined to be his, William
Martin sells them to Robert Bauguess. Patty
Martin dies in 1836, and Robert Bauguess is appointed as the administrator of
her estate. Robert Bauguess now has possession of
the three slaves of Patty Martin. The following year, in February 1837,
Elizabeth Gambill has married John Long.
Together they sue Robert Bauguess for possession of the slaves. Bauguess says he has posession of the
slaves as the administrator of Patty Martin’s estate and by the fact that he
bought them from William Martin. Elizabeth
claims that she bought the slaves long before any of that happened. This case is appealed at the Spring
1842 term of Iredell County Court, and it goes all the way to the North
Carolina Supreme Court. In June 1842,
the high court rules that the lower court was wrong in siding with William
Martin because he obtained the slaves through trespass. He had sold what wasn’t his to begin
with. Therefore, if the proper
judgment had been given, Robert Bauguess would never have had the opportunity
to buy the slaves from William Martin.
The three slaves should be the property of John and Elizabeth Long. The Supreme Court upholds the ruling
that was issued on March 15, 1842 by the Iredell County court. Robert Bauguess is ordered to pay $600 for
the detention of Eda/Ede, $600 for Mary, $350 for George, $100 for damages to
the plaintiff, and $17.65 in court costs.
The total fine is $1,667.65.
In
1842, Robert Bauguess owed $1,667.65 for the dentention of three slaves Robert Bauguess likely spends all the
money he has on this fine, and Charles Harris generously pays the rest. In return, Robert first sells the lower
150-acre mill tract to Charles Harris in 1841, and then the upper 200-acre
home tract to him in 1843. Charles
Harris was always extremely grateful to Robert Bauguess. When Charles and the twins Eng and Chang first
arrived from New York and decided to call Wilkes County their home in 1839, Robert
had rented them rooms in his house.
Later that year, Charles married Robert’s 21-year-old daughter Fannie,
and they lived on a tract adjoining Robert’s land. After being born in Ireland and traveling
all over the world with the twins for eight years, Charles Harris was happy
to finally settle down in a peaceful place that he could call home. He clearly felt that he could never
fully repay the favor to his father-in-law.
He was eager to offer him money whenever he needed it, with no
questions asked. But that boundless
generosity had consequences. After a
life of relative luxury without financial struggles, he was uncomfortable
with the idea of being in debt. Unfortunately
that’s the way he spent his last six years. Almost every witness who testified in the
property dispute remembered Harris saying that he wished old man Bauguess
would pay him back, but that never happened.
Charles Harris died on July 5, 1849, of tuberculosis in Wilkesboro
where he had spent the past few days.
He was buried there at the Episcopal Church while it was still under
construction. Robert Bauguess is my distant uncle. References John Long and wife v Robert
Baugas, June 1842 (NC Supreme Court Cases) https://digital.ncdcr.gov/digital/collection/p16062coll14/id/39468 Robert Borgus v Owen Hall
and others, August 1857 (NC Supreme Court Papers) Martha/Patsy Martin Will,
proven August 1836, (Will Book 4, p206) https://www.familysearch.org/ark:/61903/3:1:S7WF-336T-D9?i=310&cc=1867501&cat=293683 Iredell County Superior
Court, September 1841, (Minutes Vol 1, p551) https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4R-592T?i=310&cat=157095
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