Josiah (McIntyre) McEntire (abt. 1785 - bef. 1817)

Born about 1785 in Lincoln County, North Carolina, United States

Ancestors

Husband of Jemima (McBrayer) McEntire — married 1807 in North Carolina, USA

Descendants

Died before Oct 1817 before about age 32 in Cleveland County, North Carolina, United States

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Biography

Murder of Larkin Dycus
Court October 1814, North Carolina Superior Court, Rutherford County, North Carolina - State vs. Josiah McEntire. Trial removed to Lincoln Superior Court 4th Monday after 4th Monday in September.

Court January 1815 Court of Pleas and Quarter Sessions, Rutherford County, North Carolina - Court allowed sums to following persons for guarding Josiah McEntire : Robert Love, (Captain of the Guard), Samuel S. Roberts, Robert Baber, Thomas Hix, David Womack, Philip Fulk, Andrew Hampton, Carter Johnson.

Will Probated October 1817 in Court of Plea and Quarter Sessions, Rutherford County, North Carolina - On motion the Court granted letters of administration to Jemima McEntire on the Estate of Josiah McEntire, Deceased, who give bond in £100 with Robert Henry & Henry Y. Webb & was duly qualified.

Probably sentenced to hang and executed.

Josiah and Jemima had a fairly short marriage because of an incident that occurred on February 5th, 1814. The story unfolds through the Rutherford County Superior Court Minutes, the Lincoln County Superior Court Minutes and the North Carolina Supreme Court Records. On the evening of 5 February 1814, Josiah McEntire and his brother-in-law, James McBrayer, went out to the local tavern, possibly to fellowship with neighbors of Rutherford County, North Carolina and to catch up on local news. Among others, they met Larkin Dycus who, when the night's festivities and drinking concluded, went home with Josiah and James. When they reached Josiah"s house, he and James took the horses to the barn to feed, water and bed down. Larkin went into the house, which was quiet because the family had gone to bed for the night. In his drunken stupor, Larkin, possibly thinking he was at his own home, went to the bedroom where Mrs. McEntire, Jemima, was sleeping. He set down on the side of the bed and started unbuttoning his heavy overcoat.

When Josiah returned from the barn, he encountered the scene of Larkin and Jemima. Josiah also had drunk too much that evening, and in their conditions tempers flared and a fight ensured. Apparently Larkin was a much bigger man than Josiah because he physically put Josiah out of the house. Josiah entered the house from the rear, retrieved his rifle and threatened Larkin with it. Somehow, James got the rifle from Josiah and hid it in the loft of the house. Again, Josiah was ejected from his own home. Josiah entered the house a second time, where he and Larkin had a shoving match. Larkin, probably tiring of the skirmish, sat down. Josiah demanded to know where his rifle was, and his children, awakened by all the noise of the men fighting, told their father where to find it. Josiah took the rifle and went outside calling Larkin to join him. There they again struggled, this time over the rifle. What actually happened then is anyone's guess because the witnesses could only surmise what was said and done. James McBrayer described the next scene as i returned to the house again and saw said Dycus down on his knees, he appeared to be begging or pleading with said McEntire.

Nancy Proctor, latter White, who was staying with the McEntire's at the time, reported in her deposition that she "heard a shot and went out... James and Nancy heard no words between Larkin and Josiah that night outside the house, neither did they see the actual shooting. Both only stated they heard the shot and then saw Larkin lying in the lane dead. The next morning, February 6th, 1814, Josiah McEntire was formally charged with murder. The witnesses, Nancy Proctor White and James McBrayer testified about what they had seen and heard at the trial held in Lincoln County Superior Court. The trial was held in Lincoln County because the . solicitor, J. Wilson, felt the McEntire and McBrayer families could sway the jury to return a verdict of not guilty in Rutherford County. Therefore, he requested and received a change of venue.

The Lincoln County jury found Josiah guilty of murder and sentenced him. Lincoln County sent Rutherford County the bill for the trial. The cost of the trial was L 13.15.2 and the witnesses were paid L 9.07.6. 6 The jurors were usually paid five shillings per day plus travel. According to state law at the time a condemned man's real and personal property could be sold at auction to pay for his trial, jail time, and any other expenses incurred during his incarceration. This is possibly what happened to Josiah's property, if he indeed had any.

Josiah, of course appealed his sentence to the state Supreme Court, who in the July term of 1815, rendered the following decision.^[1]

AN indictment was found against the defendant, in the Superior Court of Rutherford County, for the murder of Larkin Dycus, and was transmitted for trial to Lincoln Superior Court, upon an affidavit filed by the solicitor.
Wilson for the State.
Murphy for the prisoner.
The defendant was found guilty

Sources

1. ↑ Eswau huppeday - v. 10 (1990) - v.10,no.1 Feb 1990 Pages 14 to 16

• "United States Census, 1800," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHRW-414 : accessed 18 June 2018), Josiah Mcintyre, Morgan, Rutherford, North Carolina, United States; citing p. 131, NARA microfilm publication M32, (Washington D.C.: National Archives and Records Administration, n.d.), roll 33; FHL microfilm 337,909. Living next to his father Alexander

• North Carolina. Supreme Court, North Carolina Reports Vol 4 State vs McEntire. Page: 206 to 209