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Wilkes

July 21, 2025

 

Remembering the 1790s in Wilkesboro:  Part 3 of 3

 

We’ll conclude our series on the depositions associated with the 1859 court case Rebecca Welborn v. John Finley by looking at the depositions of John Rousseau, Gen. Patterson, Ben Clary, and William Smithey.  You can get caught up on how we got to this point by reading Part 1 and Part 2.  There were a total of ten short depositions recorded among the Lenoir family papers.

 

Page 3 of 3, depositions in the 1859 case Welborn v. Finley.

(full-size view)

 

All four of these depositions refer to Finley’s lot #11 which was located on the north side of North Street behind his hotel.  His hotel, often called the Wilkesboro Hotel, was on Main Street where the old Smithey’s building is today.

 

 

John Rousseau

 

 

knew W. in 1800

O’Riley lived first on Finley’s lot, then Isaac Robinett.

 

John Rousseau added very little to the court case and to our understanding of the early history of Wilkesboro.  He remembered the town of Wilkesboro in 1800, and he remembered O’Riley as being the first to live on John Finley’s lot, and the deeds show that he was.  In 1807, lot #11 was issued to James C. O’Riley for $55 (DB GH, p8).  However, the lot was paid for by Nathaniel Gordon, according to the deed, “in behalf of said O’Riley for the use of the county”.  It suggests that there might have been a plan for the lot to be used for the benefit of the county as some sort of public building.  It might not be a coincidence, then, that James Charles O’Riley served as the jailer in 1808. 

 

In 1809, O’Riley sold the lot to Nelson Robinett, and in 1813, he sold it to John Finley.

 

John Finley had a house on lot #11.  His hotel was on lot #18.  Both were on the east side of the courthouse.

 

Significance:  This shows that John C. O’Riley was in Wilkesboro by 1800.

 

 

Gen. Samuel Finley Patterson

 

 

came to W. in Spring of 1814.  Deft. lived in No. 11 Jesse

Robinett __ ___ __ 12 it was in arbitration.  No. 13 was

said to belong to Sarah Gordon, not occupied had

been before.  Deft. was on 11 till 1818, then came to Hotel.

McClelland rented of him in 19 – No. 11.  Then Clary came on

11 till Barrett lot __ numbered building in 1826.

Deft who had sold to Barrett repurchased & took possession

& has been there ever since.  Waugh & Finley purchased

13 & occupied it before he moved to Hotel (which was 1818).

also No. 12 about same time & have had possession ever

since.  No. 12 was enclosed & cleared in 1814.

 

Samuel F. Patterson was clearly the most prominent among the ten deponents.  A short summary of his life accomplishments illustrates how he held multiple offices at the local and state level in addition numerous business ventures.  It says that he was born in 1799, and that he came to Wilkesboro at the insistence of his uncle John Finley when he was 15 years old.  Sure enough, in his statement, he said he arrived in Wilkesboro in the spring of 1814, and that the defendant (his uncle John Finley) was living on lot #11.

 

While the text is difficult to read, the deeds show that Jesse Robinett lived on lot #12, and Sarah Gordon did, indeed, own lot #13.  He said that John Finley lived on lot #11 until 1818 when he moved into the hotel.  Finley then rented the home to McClelland until Benjamin Clary started renting it.  From the statements of Benjamin Clary and his wife, we know that they moved there in 1820 as a newly-married couple.

 

Patterson goes on to say that the partnership of Waugh & Finley purchased lots #12 and #13 during this time.  I made a map overlaying the town lots on Google Maps.  Use the transparency slider in the upper right corner, and switch between Map/Satellite view to see what is on each lot today.

 

Significance:  Patterson confirmed his arrival in Wilkesboro in 1814 when he went to work for his uncle John Finley.  He also seems to establish that Finley built the hotel beside the courthouse in 1818.

 

 

Benjamin Clary

 

 

In 1820 rented a tavern of Maj. Finley & lived in it

5 or 6 years.

 

Benjamin Clary confirmed the statements by his wife and Gen. Patterson that he began renting from John Finley in 1820.  I interpretted the word “tavern” based on context clues and the other depositions, but it is difficult to read.  Benjamin Clary was born in 1778 in Rowan County.  He died on April 26, 1860, at the age of 82, only a few months after giving his deposition.

 

Significance:  Benjamin Clary didn’t add much to the story.

 

 

William Smithey

 

 

Am going on 75.  When about grown, knew O’Riley.  He

lived on 11.  Had boarded here before.  He lived there several years.

Isaac Robinett lived there, after him, Clary.  When a small

boy 10 or 12, Geo. Gordon cleared the field on the bottom (east

of 13).  It lay out a good while after that.  Sow hemp on it shortly

afterwards.  Think Geo. Gordon sowed the hemp.

Jos. and Jemima Williams lived near Mrs. Vannoy’s when I was a

small boy.  (Horton not on Pitman grant, field __ bottom on it.)

 

William Smithey was born in 1785.  He remembered James O’Riley living on Finley’s home lot.  He recalled Isaac Robinett and Benjamin Clary living there, also.  He said that George Gordon cleared the field in the bottom when he was about ten years old, or about 1795.  This field would have been down the hill, on the east side of the original town lots.  Today, this is at the end of Cothren Street, in the bottom land along the Yadkin River.  He rembered the field being sowed in hemp. 

 

The names near the end of his statement are hard to read, but they might be Joseph and Jemima Williams.  There was a Joseph Williams and a James Williams in the 1790 Wilkes census, but I wasn’t able to find a Jemima Williams.

 

Significance:  This might be the earliest document to identify a specific crop that was grown at Wilkesboro.  Smithey recalled hemp grown there in the 1790s.  If the wives of Joseph and James Williams have not been identified, then this might reveal that one of them had a wife named Jemima, or something similar since it is hard to read.

 

 

Conclusion

 

Even though each of these individuals didn’t have a whole lot to say, what they DID say was in their own words.  So often, we find snippets of information in legal documents such as deeds or court proceedings which might be written in a way that clouds how a person speaks or the message that he/she is trying to convey.  Here, we can almost picture each person closing their eyes and thinking back 60 years to describe what they remember from their childhood.  Sometimes that’s as close as we, ourselves, can get to imagining what things were like as the county and the town were beginning to take shape.

 

 


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