Henry Bauguess: A Life in Court

A Family War in the North Carolina Mountains

In the rolling hills east of Traphill, North Carolina, where the waters of Roaring River carved through the Appalachian foothills, a red-haired giant of a man spent more than two decades in conflict with his neighbors, his relatives, and the law itself. His name was Henry Bauguess, and the story revealed in 170 court documents--filtered from 288 pages of Wilkes County criminal records--tells of feuds, violence, and tragedy that consumed an entire community.

Henry Bauguess was, by all accounts, impossible to ignore. According to his son Bryant, who passed these memories to his descendants, Henry was a "typical Irishman: red-haired, raw boned, six feet-two inches tall in his stocking feet and very strong, competing in feats of strength until he was known as the strongest man in several states." Born around 1779 in Loudoun County, Virginia, Henry came to Wilkes County as a child of about ten when his family fled Virginia because of "the feuds so common then." His family, Bryant explained, "did not want to be drawn into one or the other factions."

The irony would prove bitter. Henry Bauguess would spend his entire adult life embroiled in feuds far more personal than any his family had fled.

The Settlement at Traphill

Around 1809, Henry married Lydia Sparks, daughter of Reuben Sparks and Cassa Buttrey of the Traphill community. They would have nine children together: Mary Polly, Reuben, Cassa, Nancy, Amelia, Bryant, Lafayette, Eli P., and Fanny. Henry's mother Nancy McCarty was reportedly one of the first persons buried at Old Roaring River Baptist Church Cemetery near Traphill--a community where the Bauguess family would put down deep roots.

Henry did not purchase land until 1821, when he bought 150 acres in two tracts from John Holloway for $500 each. The land lay on the waters of Roaring River, adjacent to his neighbor William Holbrook's property. His brother Vincent Bauguess owned the adjoining tract. All of Henry's land--and the land of his neighbors, relatives, and adversaries--clustered together in the vicinity of Traphill Road, east of Traphill.

This geographic intimacy would prove crucial. When Henry feuded with Thomas Bryan, they were not distant enemies hurling insults across county lines. They were neighbors who could see each other's fences. When Henry assaulted David Hanks, he was attacking a man whose sister had married Henry's own brother. When Henry's wife's cousin Colby Sparks joined a group that beat Henry, he was attacking kin. The court cases that consumed Henry's life were not abstract legal proceedings--they were the documented residue of a community tearing itself apart.

The First Troubles: 1817-1822

The earliest surviving court record shows Henry failing to appear at the May 1817 term of Wilkes County Superior Court. His bond of 25 pounds was forfeited. We do not know what charge originally brought him before the court, but this pattern--of court dates, bonds, and legal entanglements--would define his life for the next twenty-three years.

By August 1819, Henry stood convicted of assault on Athey Gentry. The fine was trivial--six pence--but the family dynamics were already visible. Henry's brother Robert "assumes the fine and costs," stepping in to pay for his brother's violence. The family was protecting one of its own.

In March 1820, Henry was convicted of "affray"--mutual combat--with Paton Lawrence. The $5 fine and $14.30 in costs were paid. But it was the events of December 1820 that would reveal the true nature of Henry's conflicts.

The Wagon Whip Incident

On or about December 9, 1820, Henry Bauguess encountered Zachariah Brooks on a road in Wilkes County. According to Brooks's sworn complaint, Henry "did then and there beat and abuse your Relator by violently pulling him off a horse and shook the Waggon whip over his head and threatened to nock his Brains out."

Brooks feared for his life. He swore that Henry "used such outragious conduct... your Relator is in Danger of some private hurt or Damage." A warrant was issued for Henry's arrest.

What makes this case remarkable is what happened next: Three months later, on March 7, 1821, Zachariah Brooks married Sarah Bauguess--Henry's half-sister.

Was Henry trying to stop the marriage? Did he oppose his half-sister marrying Zachariah Brooks? The timing is too close to be coincidental. And if the December assault was an attempt to prevent the union, it failed--the marriage went forward. But Henry's rage did not subside.

In June 1821--just three months after the wedding--Henry assaulted Zachariah Brooks again. This time, Zachariah was Henry's brother-in-law, the husband of his half-sister Sarah. Yet Henry beat him regardless. The Grand Jury returned True Bills on both assault charges.

The violence extended to the next generation. In March 1822, Henry prosecuted James Brooks--Zachariah's father--for assault. The case went to trial, and James Brooks was acquitted. Henry was ordered to pay $28.07-1/2 in costs. But what stings most in the court records is a single document: the recognizance bond showing "James Brooks (principal) and Zachariah Brooks (security) bound in 25 pounds." Zachariah Brooks--Henry's own brother-in-law--stood surety for his father against Henry's prosecution.

The Brooks family was now connected to Henry through marriage. Yet father and son had both faced Henry in court--one as victim, one as defendant--within eighteen months.

The Violence Escalates: 1822-1829

In September 1822, Henry committed an act that distinguished him from ordinary brawlers: he assaulted a constable. John Grimsley was "in the due execution of his office" when Henry attacked him. This was not merely assault--it was an attack on the legal system itself.

The retaliation came swiftly. In March 1823, three men attacked Henry: Colby Sparks, Reuben Sparks, and Littleton Grimsley. The Grimsley connection was obvious--likely revenge for Henry's assault on the constable. But the Sparks attackers were even more troubling: **Reuben Sparks** was likely Henry's wife Lydia's brother (Henry's own brother-in-law), and **Colby Sparks** was Lydia's first cousin. Henry was beaten by his wife's own family.

Littleton Grimsley was eventually convicted and fined $20 plus $79.43 in costs--an enormous sum. But Colby and Reuben Sparks were listed as "not found." In the rural mountains of North Carolina, a man who didn't want to be caught often wasn't.

Through the mid-1820s, the cases accumulated. Henry was convicted of assaulting Leander Johnson in 1825 ($5 fine, $30.28 costs). He lost civil cases to William Holbrook, his neighbor. And in 1828, a new feud erupted--one that would dominate the next decade of Henry's life.

The Bryan Feud

Thomas Bryan had married Nancy Bauguess, daughter of Henry's brother Robert. This made Thomas Bryan Henry's nephew-in-law. But family ties meant nothing when property was at stake.

The conflict began with a road. Henry wanted access--apparently across Thomas Bryan's land. In August 1828, a road jury heard the case and issued a report. The court set the report aside, denying Henry his road.

Henry's response was direct. In September 1828, he gathered his son Reuben Bauguess and Daniel Brown, went onto Thomas Bryan's land, and tore down his fence. The indictment describes them "prostrating a certain fence" to create "a certain way and passage... for certain Cattle." They didn't just remove rails--they destroyed the fence entirely.

Henry was convicted of trespass. But the Bryan feud was only beginning.

Brother Against Brother: The Hog Case

In February 1829, Henry brought a prosecution that exposed the fractures within his own family. The defendant: Richard Bauguess, Henry's half-brother, born around 1814--making him only about fifteen years old.

Richard had killed Henry's sow. The witness testimony was damning: Mary Bauguess, another half-sibling, testified that "the Defendant told hur that he had Kiled Henry Baugus's Sow."

The surety who posted bond for the accused teenager? Elijah Bauguess--another half-brother. The children of Richard Bauguess's first marriage were at war with the children of his second.

The Hanks Feud and Family Connections

By the fall of 1829, Henry had opened another front in his ongoing wars. He was charged with assault on David Hanks--and this case reveals another layer of family entanglement.

David Hanks, born in 1798, was the brother of Susanna Hanks. Susanna had married Henry's brother Vincent Bauguess in January 1817. This made David Hanks the brother-in-law of Henry's own brother--extended family by marriage.

The Hanks feud would prove as durable as the Bryan feud. Henry was convicted of assaulting David Hanks. Then Henry prosecuted David Hanks for assaulting him. The prosecution dragged on for years, accumulating costs at each term. By the time it ended, Henry owed over $58 in prosecution costs--and the sheriff noted on execution after execution: "Nothing Collected."

Henry was becoming judgment-proof. He had so many unpaid fines and judgments that there was nothing left to collect.

Death Threats and Peace Warrants: 1830

On May 9, 1830, Henry Bauguess appeared before Justice of the Peace John Walsh and swore that he feared for his life. The threat came from Isaiah Rose, who had married Henry's half-sister Mary. Isaiah Rose was both Henry's step-relative (through his father's second wife Keziah Rose) and his brother-in-law.

"Threttond His Life at Differant Times"

Henry's sworn statement, preserved in the original document, declares that he "is afraid that Isach Rhose planter of said county will do him some private bodaly hurt" and that Isaiah Rose "has threttond his life at differant times and hee is afraid of the Execute of his threts."

Henry's own brother-in-law was threatening to kill him. The court issued a peace warrant, requiring Isaiah Rose to post bond guaranteeing he would keep the peace "towords all the setterens of the state and especially towords him the said Henry Baggus."

The date March 1, 1830 appears repeatedly in the records. On that single day--or using that date for legal convenience--multiple violent incidents allegedly occurred. David Hanks allegedly assaulted Henry. Thomas Bryan allegedly assaulted Henry. Henry was accused (though not indicted) of assaulting Mary Rose. The community was consuming itself in violence.

Financial Ruin and Land Loss: 1830-1838

The cumulative toll of Henry's legal battles was devastating. Tax records tell the story:

• 1829: 450 acres, valued at $450, with 1 enslaved person
• 1831: 551 acres, valued at $276
• 1834: 500 acres, valued at $250
• 1837: 150 acres, valued at $200

The acreage fluctuated--Henry apparently acquired and sold multiple tracts over the years. But the trend was unmistakable: declining value, declining holdings.

The final blow came on November 9, 1835. Henry sold both tracts of his original 1821 purchase to Thomas Bryan--his nephew-in-law, his adversary, the man whose fence he had torn down. The sale prices were devastating: $50 for land he had paid $500 for, and $100 for land he had paid $500 for. An 85% loss.

Why would Henry sell his land to his enemy at such ruinous prices? The answer seems clear: debt. As one genealogist concluded, "Henry Bauguess must have owed money to Thomas Bryan, who apparently agreed to accept the land instead of cash."

The man Henry had feuded with for years now owned his land. Henry still had 150 acres--documented in the 1837 tax list--but his position was precarious.

The Perjury Case: A Fifty-Cent Whetstone

In November 1836, Henry faced the most serious charge of his life: perjury, a felony. The accusation arose from a civil dispute over $5 that Henry allegedly owed to Miles Lufman. At trial, Henry had claimed as a setoff that Lufman owed him fifty cents for a borrowed whetstone that was never returned.

Lufman alleged that Henry's testimony was false--that Henry had committed "Wilful and corrupt Perjury" over a fifty-cent stone. The seven-page indictment accused Henry of "not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil."

Henry posted $500 in bonds. Witnesses were summoned from multiple counties. A subpoena demanded that the actual whetstone be produced in court as evidence. The legal machinery devoted to this case far exceeded the value of the disputed stone.

Whether Henry actually lied, or whether Lufman perjured himself in accusing Henry, we cannot know. But the case consumed resources and added to Henry's mounting legal troubles.

The Final Years: 1837-1840

In September 1837, Henry assaulted Nancy Gambill. The case would not be resolved until October 1838, when he was convicted and fined $10 plus $21.20 in costs. But this case holds one final family connection.

Henry's son Reuben had married Frances Gambill in January 1834. Frances Gambill's mother was named Nancy. While not definitively confirmed, the victim Nancy Gambill may have been Henry's own daughter-in-law's mother.

One detail from the conviction stands out: the surety who posted bond for Henry was Emanuel Bauguess--one of his half-brothers from his father's second marriage. Earlier, the half-siblings had been divided, with Elijah posting bond for Richard after the hog killing. Now Emanuel was standing with Henry. Perhaps, at the end, some reconciliation had occurred.

In August 1840, Henry lost his final documented lawsuit. Samuel Steelman won a judgment of $64.70 against him. Henry appeared in the 1840 census. And then, in November 1840, the court records show something ominous: deeds from Henry Bauguess to his son-in-law Joseph Richardson, and from Richardson to Peter Brown. These deeds were brought before the court but never properly recorded.

The presidential election was held November 3, 1840. It was one of the most contentious elections in American history--"Tippecanoe and Tyler Too" versus Martin Van Buren, Whigs versus Democrats, in a campaign that stirred intense passions throughout Appalachia.

"A Political Martyr"

According to his son Bryant, who passed the story to his granddaughter Sultana (Bauguess) Evans, "Henry Bauguess died a political martyr, being killed in the prime of his life, shortly after 1840."

Bryant's account provides chilling details:

"Once while at the polls in North Carolina, two different factions told him how to vote. He refused to be intimidated and voted as he wanted. He was waylaid and beaten by both factions on his way home and died as a result."

Whether Henry truly died for his vote, or whether the violence stemmed from his property disputes and failed land transfers, we cannot know with certainty. One genealogist theorizes that Peter Brown, having lost money when the November 1840 land deeds were rejected, may have organized retaliation--and that Bryant, asking his dying father what happened, heard a story about voting "the wrong way" that was simpler than the truth of debts and failed schemes.

What we know is this: Henry Bauguess died violently, beaten to death, around late 1840 or early 1841. His will, which supposedly gave freedom to his enslaved people, was never probated. His family fled North Carolina immediately--they had been gone only one day when an enslaved man named Jim caught up with them, choosing to follow "Marse Bryant" rather than remain behind.

The family settled in Marion Township, Owen County, Indiana, joining Lydia's Sparks relatives who had already moved there. From Indiana, Henry's children would scatter across the American frontier: to Kentucky, Illinois, Iowa, Kansas, Missouri, California, and Washington State. They carried with them the family tradition of how their ancestor died: a man too proud to be told how to vote.

Lydia Sparks Bauguess lived with her children in Indiana and later Illinois. She died on August 17, 1856, and was buried in New Hebron Cemetery in Crawford County, Illinois. Her gravestone reads: "Lydia, Wife of Henry Bauguess, died Aug. 17, 1856, age 65 years, 9 months, 15 days."

The Pattern Revealed

The twenty-five documented court cases of Henry Bauguess reveal a man in perpetual conflict. He appeared as defendant in fifteen cases--ten for assault, one for affray, one for trespass, one for perjury, and two for bond forfeitures. He appeared as prosecutor in nine cases, seeking justice for assaults against himself and his property. He served as surety for others twice.

But the most striking pattern is this: nearly every adversary was connected to Henry by blood or marriage.

Zachariah Brooks, whom Henry assaulted twice, married Henry's half-sister Sarah. James Brooks, whom Henry prosecuted, was Zachariah's father. Thomas Bryan, Henry's decade-long adversary, had married Henry's niece Nancy. David Hanks, with whom Henry traded assault charges for years, was the brother of Henry's brother Vincent's wife. Colby Sparks, who helped beat Henry in 1823, was Henry's wife's first cousin. Isaiah Rose, who threatened Henry's life, had married Henry's half-sister Mary. Richard Bauguess, who killed Henry's hog, was Henry's own half-brother.

Even Nancy Gambill, Henry's final documented victim, may have been the mother of his son Reuben's wife.

This was not a man fighting strangers. This was a family war.

The court records--170 documents analyzed from 288 pages mentioning Henry Bauguess--preserve only the legal residue of these conflicts. Behind every indictment lies a story we can only partially reconstruct: the road dispute that festered for a decade, the half-siblings divided by their father's two marriages, the in-laws and cousins who beat each other in the streets and then faced each other in court.

Henry Bauguess fled Virginia as a child to escape feuds. He spent his adult life in feuds. And in the end, the feuds killed him.

The descendants of Henry Bauguess scattered across America, but the court records remain in Wilkes County, North Carolina--testament to one man's turbulent journey through the early American legal system, and to the family that could not make peace.