| Notes |
- 20241214GHLn- https://www.wikitree.com/wiki/Horton-2532
Lewis Horton (1787 - 1817)
Dr. Lewis Horton
Born 1787 in Russell, Virginia, United Statesmap
Ancestors ancestors
Son of William Horton and Mary (Kendrick) Horton
Brother of Daniel Horton, Susanna (Horton) Kendall, William Horton Jr. and Jesse Horton
[spouse(s) unknown]
[children unknown]
Died 2 Oct 1817 at about age 30 in Russell, Virginia, United Statesmap
Problems/QuestionsProfile manager: Bob Pickering private message [send private message]
Profile last modified 13 May 2023 | Created 26 Jun 2014
This page has been accessed 1,357 times.
Biography
On November 26, 1799, the Russell County, Virginia, Court "ordered that Mary Horton appointed Guardian of Lewis Horton & Rhoda Horton, orphans of William Horton, who are not of age. Security: George Kindrick." [1]
Pubic Offices:
Lewis served on a jury during the September 1801 term. [2]
On July 2, 1811, Lewis was appointed as a Constable of Russell County, Virgnia.[3]
Death:
Lewis Horton was shot in the back by Abner Vance as he was trying to cross the Clinch River in Virginia. Lewis Horton later died from his wounds. Abner Vance was tried and hanged.
Many commentators assert that Lewis's brother Daniel Horton had eloped with Abner's daughter Betty and returned her two weeks later in disgrace, but this story had been heavily criticized.[4] In fact, the murder more likely arose due to Daniel Horton's hard business practices and a Chancery suit involving land ownership. This is in line with the 1818 report to the Virginia House of Delegates which recounts that Abner was initial angry with Lewis for deposition testimony he gave in a Chancery Suit.
Abner Vance was the great-grandfather of Devil Anse Hatfield. The events after Lewis Horton's death are said to have inspired Devil Hatfield hatred of the government and in turn, the McCoys. See the Hatfield and McCoy Family Feud space page
Murder Trial-The First Case:
During the June Term of 1817, Abner was indicted for the murder of Lewis Horton. Lawyer James Thompson represented Abner in the trial. According to a Petition made by Daniel Horton with the assistance of Presiding Judge, Peter Johnston, and later presented to the Virginia House of Delegates on December 22, 1818, the evidence presented at the first trial showed the following:
The prisoner lived near the Clinch River, and walked down to a ford at not great distance from his dwelling, on the morning of September 26, 1817, carrying his rifle, and declaring he had loaded it for the special purpose of shooting Daniel Horton, the brother of the young man afterwards slain; and that he would not only kill him, but three others whom he named. Lewis Horton soon appeared in view, riding along the road which leads across the river near the place where Vance was waiting, as he said, to shoot Daniel Horton. As soon as the young man came within such distance that his person was identified, Vance said "yonder comes Lewis Horton, and I have a mind to kill him." He saluted him with civility. Vance charged him with having sworn his life away: language which had reference to a deposition given a few days before by Lewis Horton, in a suit in Chancery pending before Chancellor Brown. Horton expressed his astonishment at this charge and inquired what Vance had understood to be the purport of his deposition.
Upon hearing his reply, Horton assured him he was mistaken or misinformed; and proceeded to repeat what he had really stated in the before-mentioned deposition. Vance then expressed himself full satisfied declaring to Lewis Horton he had nothing against him, and asked "Have you any thing against me? - "Nothing" said the young man, in mild language and manner, "except that I do not like to see that you have drawn your gun on me." "Help yourself as you can, I believe I will shoot you now," said Vance. Horton, and a certain Joseph Fowlkes, who was present, observing from the tone and countenance of Vance, the horrid purpose which he meditated, began to implore his mercy; but he raised his gun, levelled it at Horton, while he was endeavoring to make good his flight across the river, and fired when he was not at a greater distance than thirty paces, shooting the ball through the body of his victim, near the back bone, and a little below the shoulder blade. As he fell from his horse into the water, Vance poured forth exercrations too bitter and horrible for repetition, and threatened with death an old man from the opposite shore, who advanced into the river, hoping that Horton's life might be yet be saved. But in this, he was mistaken. Although the young man was rescued from immediate death by drowning, he survived his wound by a short time, expiring the sixth day after its infliction.[5]
Upon these facts at the first trial, Abner Vance was convicted of murder, but the conviction was reversed on appeal and a new trial granted.[6]
Murder Trial-Second Case:
Abner was returned to trial, but a jury could not be impaneled in Russell County, due to the case's notoriety. Daniel Horton, with Judge Johnston's assistance, petitioned the House of Delegates for Relief. The Petition resulted in the enactment of Vriginia change of venue statue. Act 1, Revised Code of 1819 Sec. 19, p. 601.
In response to the new change of venue statute, Abner Vance's case again set for trial, but venue was changed to Washington County, Virginia. James Thompson appeared at the second trial, but when asked by Judge Johnston if he appeared for the defendant, Thompson said "he did not for he was sick and had then better be at home in his bed."[7] Apparently, other counsel for Vance was present because after the jury was impaneled a number of motions to dismiss the indictment and panel were made by "counsel for Vance" and then denied. Following the presentation of evidence, Vance was again convicted. His appeal from this conviction was affirmed.[8]
The Vance Song and Abner's Execution:
Abner Vance was hung, but before that occurred he had composed a ballad to his life known at "The Vance Song" which decried what he saw as the injustices and lies perpetrated upon him.[9][10] Abner sang this ballad and make a speech of about 1.5 hours.
The Lynchburg Press, a newspaper in Lynchburg, Virginia, printed the following alleged eyewitness account of the hanging:
"27 July 1819. On Friday the 16th instant, Abner Vance was executed at Abingdon, in pursuance of his sentence, for the murder of Lewis Horton.He addressed the spectators, about four thousand, for an hour and a half, with considerable ability: he died with the most heroic fortitude. He accused some of giving false evidence against him: and said that if he had obtained a fair trial, and nothing but the truth had been sworn against him, he thought the penitentiary would have been proper punishment for his offense." [11]
"The Vance Song" is considered by many the first song composed and song west of the Blue Ridge mountains.[12]
Noncupative Will of Lewis Horton:
This day personally appeared in Court Ezekiel Daniel and Isaac Arden and made oath that Lewis Horton, deceased, during the time of his last sickness to wit on the 27th day of September last past (1817) at William Ardens in the county of Russell made his noncupative will in which he desired that all his just debts should be paid and after they were paid, that his remaining estate should be divided in four equal parts to be divided as follows, one part to his son Daniel by Priscilla Wilson and the other three parts divided between Lewis, Francis and Salley, children of his brother Daniel Horton. Which is ordered to be established as the Noncupative Will of the said Lewis Horton dec'd.
Russell County, Virginia, Law Order Book 5, Page 443, executed 07 Oct 1817.[13]
Sources
? Russell County Order Book , Part. 1, p. 36 Available here
? Russell County Order Book , Part. 1, p. 138 Available here
? Russell County, Will Book 2, p. 259, Image 159 July 2, 1811 Constable Bond available here
? Hardesty, Hatfields & McCoys, Revisited - The Legend of Abner Vance, In Three Parts Available here
? Journal of the House of Delegates, Virginia, 1818, pp. 60-61 Available here
? Abner v. Commonwealth I available here
? Deposition of William Romine, William Vance v. Exec. of James Thompson, Case No. 1825-02, Tazwell Chancery Court, Virginia Available at the Library of Virginia here
? Abner v. Commonwealth II available here
? The Vance Song
? The Vance Song on Youtube
? Notes in FamilySerach Profile of Lewis Horton available here
? The Lewis Horton Abner Vance Incident inspiring the Hatfield-McCoy feud.
? Order Admitting Noncupative Will of Lewis Horton Available here
|
1787 - 1817 (30 years)
[1] 
