David M Magness (abt. 1785 - abt. 1851)

Born about 1785 in Rutherford, North Carolina, United States

Ancestors

Died about 20 Sep 1851 at about age 66 in Independence, Arkansas, United States

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Biography

David Magness, son of Jonathan Magness and Patsey Nowlin, was born about 1785 in Rutherford County, North Carolina.

1796 Move to Tennessee

David, his father Jonathan, and their families left North Carolina about 1796. They may have gone first to Kentucky, where his grandfather, Peregrine Magness, died in 1800, or to Davidson County, Tennessee. Jonathan and at least sons David M., John, Morgan, and Perry Green were in Wilson County, Tennessee, by 1806. On 24 August 1806, Perry Green and brother John were witnesses to the purchase of 640 acres by their father Jonathan in Wilson County, Tennessee, near Stones River and the Davidson County line. On 3 September 1807 Jonathan purchased another 640-acre tract on Stuart's Creek in WIlson County; sons John and David M. were witnesses.^[1]

1810 Murder in Tennessee

Sometime before 1810, Jonathan Magness became involved in a dispute with Patton Anderson which resulted in a running quarrel for several years. It ended with a confrontation in October 1810 at the Bedford County Courthouse [Tennessee] in in which Anderson was shot and killed by Jonathan's son, David Magness, who claimed he was defending his father. Perry Green was also present, but was never charged with a crime. David's trial was held November 1810 at the Williamson County courthouse in Franklin, Tennessee. A detailed account of the two-week long trial is given by John B. Cowden in his book Tennessee's Celebrated Case, publised in 1958. Cowden's account is factual, but he erred in identifying the Perry Green Magness involved as Perry Green Magness (1796-1884) of DeKalb County, Tennessee, son of George Magness. The two Perry Greens were cousins. David was eventually convicted of manslaughter and sentenced to 11 months in jail and to have his left hand branded with the letter M. His father Jonathan's trial was delayed several times until finally in May 1812 he was tried and acquitted. Legal and court costs mounted up and Jonathan and David did not have the money to pay them. They applied to the Circuit Court to be discharged as insolvent debtors but this was rejected. They continued to be imprisoned until they could pay the costs. A petition was sent on 9 September 1812 to the Tennessee Legislature asking for their release, but no record of any action was found the Journal of the 1813 General Assembly. Exactly when they were released is uncertain, but they were in Arkansas by 1814.^[1]

Akron Cemetery, Nat'l Register of Historic Places

The Akron Cemetery is a historic cemetery in rural southeastern Independence County, Arkansas. With its oldest recorded burial dating to 1829, it is possibly the oldest cemetery in the county, and is known to be the burial site of some of Newark area's earliest settlers.^[2]

The first settlers in Akron (Big Bottom) were Jonathan Magness, and sons Perry Green, Morgan, and David G. W. in 1815. They were son and grandsons of Perrygreen Magness of N.C. a Captain in Revolutionary War. Other early settlers included Richard Holderby, (son in law of Perry Green Magness) Alfred Arnold, John Arnold, William Arnold, and Hugh Tomlinson. It is believed that most or all of these early settlers and familes are buried at Akron [Cemetery]. Visible stones include Richard Holderby, Hugh Tomlinson, and wife. There is a flat stone lying under a large oak bearing PGM. It has been documented as Perry Green Magness.^[3]

On 5 January 1815 brother Perry Green was appointed justice of the peace in Independence County. David Magness became a major in the militia in Arkansas, and on 4 July 1822 made an outstanding patriotice speech at the Independence County Grand Jubilee.^[1]

Marriage & Children

David Magness married Mary Bradley about 1815, probably in Independence County, Arkansas. No record has yet been found. Based on census records (see below), their oldest child was a son born between 1816 and 1820. No record has yet been found listing all their children and David left no will. Those that can be determined from census records are:

• David G. W. Magness, b 1816-1820 [identification not certain, but David G W Magness was named as Administrator of David M Magness' estate in 1851.]
• Elizabeth Magness, b 1821-1825
• Mary Magness, b 1828
• Daughter Magness, b 1826-1830
• Susan Magness, b 1832

4th of July, 1822, at Batesville

"On this ocasion the whole county turned out and a grand jubilee was held. They read the Declaration of Independence, and Townsend Dickinson, a young lawyer from Yonkers, New York, afterward supreme judge of the State, made a speech which 'set the boys wild.'" Numerous other speakers, well-known to the crowd, were present. "The red-hot speech, however, was made by Major David Magness. His toast was: 'May the hand wither and rot that plucks one feather from the tail of the Bird of Freedom to adorn the crown of royalty.' ... Major Magness filled the bill and roused Independence County to the heights of patriotism."^[4]

Census Records

• 1830 US Federal Census, Black River, Independence, Arkansas Territory.^[5]
  • David Magness
  • Free white males age 10-14 - 1 [b 1816-1820]
  • Free white males age 40-49 - 1 [David b 1781-1790]
  • Free white females under 5 - 3 [b 1826-1830]
  • Free white females age 30-39 - 1 [wife Mary, b 1791-1800]]
  • Slaves female under 10 - 1
  • Slaves female age 10-24 - 1
  • Total persons in household - 8
• 1840 US Federal Census, Black River Township, Independence, Arkansas.^[6]
  • Name: David M Magness
  • Free White Persons - Males - 15 thru 19: 1 [b 1821-1825]
  • Free White Persons - Males - 50 thru 59: 1 David, b 1781-1790]
  • Free White Persons - Females - 5 thru 9: 1 [b 1831-1835]
  • Free White Persons - Females - 10 thru 14: 2 [b 1826-1830]
  • Free White Persons - Females - 15 thru 19: 1 [b 1821-1825]
  • Free White Persons - Females - 40 thru 49: 1 [wife Mary, b 1791-1800]
  • Slaves - Males - 10 thru 23: 1
  • Persons Employed in Agriculture: 2
  • Total All Persons - Free White, Free Colored, Slaves: 8
• 1850 US Federal Census, Black River Township, Independence, Arkansas.^[7] In the household are:
  • David M Magness, M, 65, NC [b 1785]
  • Mary Magness, F, 62 years, South Carolina [b 1788]
  • Mary Magness, F, 22 years, Arkansas [b 1828]
  • Susan Magness, F, 18 years, Arkansas [b 1832]
  • Maria Learey, F, 21 years, Tennessee [b 1829]
  • Mary A Learey, F, 4 years, Arkansas
  • Wilson Learey, M, 2 years, Arkansas

Death & Legacy

David M. Magness died intestate "on or about the 20th day of September AD 1851" in Independence County, Arkansas. David G. W. Magness of Independence County was appointed Administrator of David M. Magness' eatate. Signed, William R. Miller, Clerk of the Circuit Court and Ex-officio Clerk of the Court of Probate, Indepedence County, Arkansas, 15 October 1851.^[8]

Research Notes

Conflation with brother Morgan

Family tree on familysearch.org has conflated David with his brother, Col. Morgan Magness. He is called Col. David Morgan Magness on the family tree. Census records for David Magness as well as Morgan Magness for the same years are included among the sources. Please do not confuse these two men, they were brothers. Col. Magness should be simply Col. Morgan Magness.

Middle Name for David

There is some confusion over the middle initials and/or middle name of David Magness. On Census records he is found as David M Magness in 1850 and as David Magness in 1840. In the records of Akron Cemetery, see above, he is listed as son of Jonathan Magness, David G. W. It is useful to note that David's brother, Perry Green Magness, named a son David George Washington Magness. Perhaps this is where some of the confusion comes in.

Sources

1. ↑ ^{1.0 1.1 1.2} Webb, Thomas J., DeKalb County Historian. Magness History.
2. ↑ Akron Cemetery
3. ↑ Akron Cemetery, Independence, AR, National Register of Historic Places Sec. 8, p.2
4. ↑ Shinnm Josiah Hazen. Pioneers and Makers of Arkansas. Pages 161-62.Published by Genealogical and Historical Publishing Company, Copyrighted 1908 by M. C. Shinn, Washington, D. C. Reprinted Baltimore: Genealogical Publishing Co., 1968; Book digitized by Google from the library of Harvard University and uploaded to the Internet Archive by user tpb.
5. ↑ "United States Census, 1830," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHPX-65M : 20 February 2021), David Magness, Black River, Independence, Arkansas Territory, United States; citing 226, NARA microfilm publication M19, (Washington D.C.: National Archives and Records Administration, n.d.), roll 5; FHL microfilm 2,473. Page 226
6. ↑ "United States Census, 1840," database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:XHBX-D22 : 2 January 2023), David M Magruss, Black River Township, Independence, Arkansas, United States; citing p. 198, NARA microfilm publication , (Washington D.C.: National Archives and Records Administration, n.d.), roll ; FHL microfilm .
7. ↑ "United States Census, 1850," database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:S3HT-XXDS-X7?cc=1401638&wc=95RZ-3BC%3A1031312101%2C1032033001%2C1031561201 : 9 April 2016), Arkansas > Independence > Black River > image 9 of 17; citing NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.).
8. ↑ Administrators and Guardians Bonds and Letters, 1821-1902; Author: Arkansas. Probate Court (Independence County); Probate Place: Independence, Arkansas. Notes: Guardians Bonds and Letters, 1868-1895; Administrators Letters Testamentary, 1846-1881 Ancestry Image, Probate David Magness, Pages 70-71,

• "Independence Pioneers, Volume II, 1836-1936" selected and edited by Mary Britton, pub. 1989, article "The Magnesses: Pioneers of Big Bottom by Robert D. Craig

• Arkansas, Wills and Probate Records, 1818-1998 - Ancestry.com

• 1830 Census: "United States Census, 1830"
  citing 226, NARA microfilm publication M19, (Washington D.C.: National Archives and Records Administration, n.d.), roll 5; FHL microfilm 2,473.
  FamilySearch Record: XHPX-65M (accessed 9 January 2023)
  FamilySearch Image: 33S7-9YBC-9QRF Image number 00414
  David Magness in Black River, Independence, Arkansas Territory, United States.

Acknowledgments

• Thank you to Nancy Snow for creating Magness-89 on 27 Aug 13.
• Magness-170 was created by Jim Williamson through the import of BA Combined Tree for DNA Matching_2015-06-18.ged on Jun 19, 2015.