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Wednesday, June 16, 2021

The Untimely Death of James R. McCommons

 Leah C. Dry was a child of my 3rd Great Grand Uncle John N. Dry and his wife Sophia Barrier. At some point  between 1850 and 1860 John N. Dry and Sophie, with most of their children, packed their belongings in Cabarrus County, North Carolina and moved to Independence, Arkansas. Remaining in North Carolina was daughters Leah C. and Martha Caroline.

Leah C. Dry had married Daniel Melchor on 13 October 1849 and daughter Martha Caroline was a mystery for quite some time until last week. Last week I received a very informative Email concerning John N. Dry and the author of that email provided details concerning the marriage of Martha Caroline and a man called Leonard Pliler/Plyler.

Time to add the family of Leah C. Dry Melchor and Martha Caroline Dry Pliler to my tree. During the researching of the Daniel Melchor family I learned that he and Leah C. had 8 children. When all my initial efforts were complete I had a large history of the entire family with one exception, daughter Martha Caroline Melchor. For Margaret Caroline also known as “Maggie” I had 4 entries.

First was her birth date, 5 June 1853, second was her Baptism date 26 September 1853; 3rd was the 1870 census and 4th was the 1880 census.

Then it seems that  Margaret Caroline “Maggie” disappeared into thin air. There the history of Maggie may have remained if it wasn’t for the tree of my new email contact. While the information was confusing it had suggested that Martha Caroline Melchor had married a young man by the name of James R. McCommons.  James R. McCommons  son of Nelson and Elizabeth McCommons were married in Cabarrus County, North Carolina on 17 October 1871.   


As I continued my research I found a Probate Record for James R. McCommons. Contained within this file was the sad news that James R. McCommons met an untimely and unjust death at the hands of a young orphan in March 1871. He and Martha Caroline had only been married for about 10 months. 

From Probate File of James R. McCommons

Daniel Melchor

Administrator of
James R. McCommons
vs
Brainerd Kimmons
Deft.

The plaintiff alleges & complains:

1st. That on the _23_ day of August 1872 the Deft above named did wrongfully kill one James R. McCommons.
2. That on____day of Sept 1872 the plaintiff was duly appointed administrator of said  James McCommons by the Probate Court of Cabarrus County & took out Letters of Administration on his estate.
3rd. That Plaintiff is informed and believes that defendant is [a] minor of about twenty years of age that Samuel Pharr is his Guardian appointed by the proper court and that Plaintiff has caused  notice of this action to be served on said Guardian Pharr as Guardian aforesaid.
Wherefore plaintiff demands judgment against the Defendant for the sum of the five thousand dollars damages as pecuniary compensation for the injury resulting from the death of his intestate & for costs of action. 
                                                                     W. M. {illegible}
                                                                     Atty for Plff

After an extensive search on Newspapers.com and ChroniclingAmerica I was unable to find any mention of an arrest or trial for the perpetrator of this crime. No Tombstone has been found for James R. McCommons nor have I found his Widow after the 1880 Census where she is listed as Maggie C. MELCHOR, Daughter, age 25, born in NC in the household of her father.

Margaret Caroline Melchor McCommons had not been found beyond the 1880 Census. If you have information concerning Margaret Caroline Melchor McCommons I would love to hear from you.


Margaret Caroline Melchor McCommons is my 2nd Cousin 3X Removed.




_________________________

[1] Bostian Frank K. and Cruse B. W. (Bernard W.), Dutch Buffalo Creek Meeting House, 1745-1806 (Mount Pleasant, N.C.: Bethel Bear Creek United Church of Christ, 1974), page 82.

[2] Ibid.

[3] 1870 Census, Cabarrus County, North Carolina, population schedule, Township 2, Cabarrus, North Carolina, Page 583 (Stamped), Line 36, Dwelling 120, Family 120, Household of Daniel MELCHOR; online database, Ancestry.com (http://www.ancestry.com : viewed 14 June 2021); citing National Archives Microfilm Publication M593, Roll 1126.

[4] 1880 U. S. Census, Iredell County, North Carolina, population schedule, Fallstown, Iredell, North Carolina, enumeration district (ED) 142, Page 66 (Stamped), Line 27, Dwelling 43, Family 43, Household of Danl. MELCHOR; digital image, Ancestry.com (http://www.ancestry.com : viewed 14 June 2021); citing National Archives Microfilm T9, Roll 968.

[5] https://www.ancestry.com/imageviewer/collections/9061/images/004968684_01243?usePUB=true&usePUBJs=true&pId=92526

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