Austin Lewis Davis (1840 - 1900)

Born 20 Oct 1840 in Butler, Ohio, United States

Husband of Elizabeth (Iseminger) Atkins — married 1 Jan 1861 in Butler, Ohio, United States

Descendants

Died 4 Jan 1900 at age 59 in Seward, Kansas, United States

Problems/Questions Profile managers: T Stanton [send private message] and Larry Gardner [send private message]

Biography

Private Austin Davis served in the United States Civil War.
Enlisted: May 2, 1864
Mustered out: September 8, 1864
Side: USA
Regiment(s): 167th Ohio Infantry

Austin Davis was involved in the westward expansion of the USA. See Westward Ho!.

Austin Lewis "Pie Belly" Davis, a farmer and rancher, was born 20 Oct 1840 in Butler County, Ohio, the son of Samuel and Mary Ann (Lough) Davis.^[1] He grew up on a farm in Butler County, Ohio^[2] and there married Elizabeth Iseminger on New Years Day 1861.^[3][4]

He served briefly in the Union Army during the U.S. Civil War in the 167th Ohio Infantry.^[5] Sometime after the war, the family, including his now widowed mother, moved to DeWitt County, Illinois,^[6] and by 1880 on to Sumner County, Kansas.^[7][8] In 1886, the family moved to a ranch in Seward County, Kansas with "Pie Belly," as he was known, becoming a rancher rather than a farmer as he had been throughout his life.^[9]

On January 4, 1900, at about 9 p.m., family members went in search of Austin, who was late returning from inspecting crops being raised for livestock feed. He was found shot dead a few miles west of his home, his horse covered in blood. He was interred at the Liberal Cemetery, Liberal, Kansas in the Grand Army of the Republic circular Civil War monument.^[10]

Murder Trial

An examination of the court record^[11] shows the following. What testimony was recorded is being transcribed. (In this time period complete trial records were not kept unless privately paid to be taken.)

The coroner's jury found Pie Belly had been shot in the corner of the mouth, the .41 caliber bullet severed the jugular vein and lodged under the skin at the base of the left ear. Based on testimony of a person who was briefly with Austin Davis the night of his murder, neighbor Alex McCoid was arrested, charged with the murder, and released on an $800 surety bond posted by three of Alex's neighbors. The witness stated Alex was seen following Pie Belly (who was on horseback) on foot and later seen coming back by himself. The witness stated Davis probably had some trouble with the cattle and gave the matter no further thought.

A jury pool of 99 county residents were summoned and seating the jury took a day and a half. Some of the press reporting was at significant odds with actual court testimony, particularly that in Sumner County where Davis had previously resided. In District Court the trial began at 1 o'clock on a Tuesday afternoon and continued until Friday evening. The jury deliberated about eight hours and returned a verdict of not guilty. Various statements regarding enmity between Davis and McCoid ran the gamut from range disputes to rumors of inappropriate advances by Davis toward one of the McCoid daughters. The latter is not found in press reports but remains part of local history.^{[12][13][14][15][16]}

Children

• Scott Alonzo - 1864-1948^[7]
• Mary Jane - 1867-1880^[7]
• Clara - 1873
• Anna Elizabeth - 1873-1930^[7]
• Olive Lenta "Aullie" - 1876^[7]
• Stanley Monroe - 1881-1918^[8]
• John Austin - 1882^[8]

Sources

1. ↑ US Census, Year: 1850; Census Place: Morgan, Butler, Ohio; Roll: M432_663; Page: 479B; Image: 728
2. ↑ US Census, Year: 1860; Census Place: Morgan, Butler, Ohio; Page: 260; Family History Library Film: 803941
3. ↑ Ohio, U.S., County Marriage Records, 1774-1993. Butler County. FHL Film No. 000355779
4. ↑ "Ohio, County Marriages, 1789-2016," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XZD6-K46 : 8 March 2021), Austin L. Davis and Elizabeth Iseminger, 01 Jan 1861; citing Marriage, Butler, Ohio, United States, v 3 p 361, Franklin County Genealogical & Historical Society, Columbus; FHL microfilm.
5. ↑ Historical Data Systems, Inc.; Duxbury, MA 02331; American Civil War Research Database
6. ↑ US Census, Year: 1870; Census Place: Clintonia, DeWitt, Illinois; Roll: M593_216; Page: 33A
7. ↑ ^{7.0 7.1 7.2 7.3 7.4} US Census, Year: 1880; Census Place: Seventy-Six, Sumner, Kansas; Roll: 398; Page: 146B; Enumeration District: 198
8. ↑ ^{8.0 8.1 8.2} Kansas State Historical Society; Topeka, Kansas; 1885 Kansas Territory Census; Roll: KS1885_136; Line: 1
9. ↑ The Liberal News, Liberal, Kansas, 18 Jan 1900, p. 1
10. ↑ Find A Grave: Memorial #94785989
11. ↑ Seward County Historical Society archive, Liberal, Kansas, Records of the 32nd Judicial District, Docket No. 1048, examined 20-21 Apr 2021
12. ↑ The Liberal News, Liberal, Kansas, 11 Jan 1900, p. 1
13. ↑ The Minitor Press, Wellington, Kansas, 17 Jan 1900, p. 1
14. ↑ The Topeka State Journal, Topeka, Kansas, 18 Jan 1900, p. 1
15. ↑ The People's Voice, Wellington, Kansas, 25 Jan 1900, p. 3
16. ↑ The Liberal News, Liberal, Kansas, 31 May 1900, p. 1

Acknowledgments

This profile sourced and narrative bio written 18 Apr 2021 by T Stanton.