Born 1792 in North Carolina

Ancestors

Husband of Ann (Hinshaw) Upton — married 14 Apr 1814 in Moore, North Carolina, United States

Descendants

Died 7 Nov 1828 at about age 36 in Randolph County, North Carolina

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Biography

Marriage from Quaker Records

Name Jesse Upton

Spouse Ann Hinshaw

Father John Upton

Mother Martha Upton

Spouse's Father Absolom Hinshaw

Spouse's Mother Elizabeth Hinshaw

Marriage 14 Apr 1814 - Alamance, North Carolina

Vital 14 Apr 1814

"Residence Mors, North Carolina

Greensborough, Oct. 11. Jesse Upton was tried last week at the Superior Court, for the County of Davidson, Judge Daniel presiding, and was found guilty. Sentence was suspended until the next court. Some time since Upton murdered his wife in Randolph county and absconded to Tennessee, where he was apprehended and brought back to Randolph: his trial was removed to Davidson, where there is no doubt he has received justice. —Published in The North-Carolina Star (Raleigh, North Carolina), October 20, 1826, p. 2.

Greensboro', April 26.—The Superior Court was held this week, Judge Daniel presiding. The trial of Jesse Upton from the county of Randolph, for the murder of his wife, was commenced on Wednesday morning, and lasted until Thursday night about 9 o'clock—the Jury after being out two hours brought in a verdict of Guilty. —Published in North Carolina Free Press (Halifax, North Carolina), May 9, 1828, p. 3

At the Superior Court of Guilford county, N. C., held last week, Jesse Upton, who has twice been convicted of the murder of his wife, and as often delayed the sentence of the law by appeal to the Supreme Court, was ordered to be executed on Friday the 7th of November next. —Published in Fayetteville Weekly Observer (Fayetteville, North Carolina), November 6, 1828, p. 1.

Greensborough, November 8. Pursuant to the sentence of the Court, Jesse Upton from Randolph county, for the murder of his wife, was executed yesterday, he made no particular confession of his guilt,—the concourse of people was unusually large and he admonished them to take warning from his fate. —Published in The Hillsborough Recorder (Hillsborough, North Carolina), November 12, 1828, p. 3.

"The case of Jesse Upton, convicted of murdering his wife, at September term 1826 before Judge Joseph Daniel, shows that less than a hundred years ago learned lawyers allowed superstition of the rankest kind to creep into the law courts. Upton's case came from Randolph, where he could not get a fair trial. Frederick Nash was counsel for the accused. Upton was promptly convicted and prayed for a new trial on these grounds:

"'Thirdly. The defendant's counsel offered the Almanack to show what time the moon filled and changed. The court stated to counsel in the hearing of the jury that it was laid down by modern authors that the moon had no influence upon the system in producing or increasing mental derangement and that the ancient doctrine was deemed a superstition. But the court let the counsel introduce the Almanack and examined two physicians as to their opinion what effect the moon had on the human system in increasing or affecting a derangement of the mind. The counsel remarked fully on this testimony to the jury. The court when it came to charge the jury gave no opinion upon the effect of this evidence.'

"The Supreme Court gave Upton a new trial and his case was removed to Guilford. From Hon. W. C. Hammer we learned that Upton was convicted and hanged in Guilford County. So it was that neither the moon nor removal to three counties saved this guilty man, though many people believed him insane at the time." —Centennial History of Davidson County, North Carolina, pp 153–154, on-line.

From the Holly Spring Monthly Meeting in Encyclopedia of American Quaker Genealogy, I:485: "UPTON. 1821, 4, 21. Jesse dis jealousies which caused separation from his w. 1821, 4, 21. Ann dis jealousy & leaving h. 1825, 9, 17. Orphan ch Jesse & Ann rpd in care of mtg."

Sources

Census

• United States Census, 1820," database with images, FamilySearch [1]c : accessed 19 July 2015), Jesse Upton, Moore, North Carolina, United States; citing p. , NARA microfilm publication , (Washington D.C.: National Archives and Records Administration, n.d.), roll ; FHL microfilm

http://freepages.rootsweb.com/~scottandgwen/genealogy/pdf/upton.pdf

https://www.findagrave.com/memorial/132923351/jesse-upton

https://babel.hathitrust.org/cgi/pt?id=mdp.39015002304221;view=1up;seq=515;size=150