Levy Mallory Sr (1841 - 1877)

Born 1841 in Wilson County, Tennessee, United States

Husband of Ida Henrietta (Frazier) Mallory — married 6 Jul 1871 in Davidson, Tennessee, United States

Died 2 Oct 1877 at about age 36 in Nashville, Davidson, Tennessee, United States

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Biography

Levy Mallory Sr is a part of US Black heritage.

Levy Mallory was born in 1841 in Wilson County, Tennessee, the son of a woman named Harriet. He also had siblings named Harry, Jerry, Martha and Clara.^[1] (It should be noted that Martha and Clara might be one person.)

He married Ida Fryer/Frazier in Davidson County, Tennessee on 6 July 1871.^[2] Ida was white, and their marriage was deemed illegal in the state of Tennessee. Levi and Ida were indicted, and their case went to Federal court, with them arguing that it was not illegal. According to newspaper accounts, this was the first case of its kind to reach federal court.^[3]

By 1872, he had a restaurant and an account in the Freedman's Bank.^[1]

Levy was stabbed outside of his restaurant by one of three white men who attempted to leave without paying for their meals.^[4]

Cutting Affray on North College Street

    Ephraim Jones, white, cut Levy Malory, colored, in the right arm, severing an artery, at 1 o'clock this morning, at the corner of Locust and North College streets. It Is stated that Jones went into Malory's eating-house, obtained something to eat and refused to pay for it. Malory went out on the sidewalk and hauled him back, when an altercation occurred, resulting in the infliction of a dangerous wound. Jones gave himself up to the police.^[5]

He died of his wounds on 2 October 1877.^[6] Although the coroner's jury initially declined to go forward with charges,^[4] two men did go on trial for the murder.^[7] In 1883 Ephraim Jones was acquitted of the murder and Booth McWright had the case against him "nolle prossed" (i.e. dismissed).^[8]

The civil rights case involving Levi and his wife was not decided before his death. The suit against Levi was abated (dismissed), and it was recommended that it be dismissed against Ida as well.^[9]

Levy is buried at Greenwood Cemetery in Nashville, Davidson County.^[10]

Research Notes

Levi's wife is listed on their marriage record as Ida Fryer. She is listed in newspaper accounts of their indictment on charges of miscegenation as Ada Frazier. Census and other records point to Ida/Ada Fryer/Frazier as being the same person.

Levi's tombstone in Greenwood Cemetery is incorrect, giving his death date as 1878. The tombstone appears to have been erected long after his death, which could account for the incorrect date.

Sources

1. ↑ ^{1.0 1.1} Freedman's Bank Record: "United States, Freedman's Bank Records, 1865-1874", database with images
   citing Digital film/folder number: 004098533; FHL microfilm: 928590; Image number: 939
   FamilySearch Record: NSBW-JMC (accessed 30 November 2023)
   FamilySearch Image: S3HT-6313-X7X
   Name: Levi Mallory; Source Account Nbr: 5445; System Of Record: SLS.
2. ↑ Marriage: "Tennessee, County Marriages, 1790-1950", database with images
   citing Page: 185; Digital film/folder number: 004486011; FHL microfilm: 000200296; Image number: 413
   FamilySearch Record: KZ7R-Q4C (accessed 30 November 2023)
   FamilySearch Image: S3HT-X92B-WX
   Levi Mallony marriage to Ida Fryer on 6 Jul 1871 in Davidson, Tennessee, United States.
3. ↑ Court Case: "Race Amalgamation," Public Ledger (Memphis, Tennessee) Thu, Oct 19, 1876, page 3. Newspapers Clip: 136047972 (accessed 30 November 2023).
4. ↑ ^{4.0 4.1} Murder of Levi Mallory: "A Severed Artery," The Tennessean (Nashville, Tennessee) Tue, Oct 2, 1877, page 4. Newspapers Clip: 136051782 (accessed 30 November 2023).
5. ↑ The Tennesssean (Nashville, Tennessee); digital images, Newspapers.com Newspapers Clip: 136405822 : accessed 6 December 2023); citing Sunday, 30 September 1877, pg. 4, col. 2.
6. ↑ Death: "Tennessee, U.S., City Death Records, 1872-1923", database with images
   Tennessee State Library and Archives; Nashville, Tennessee; Tennessee Death Records, 1908-1959; Roll #: M-2
   Ancestry Sharing Link - Ancestry Record 5076 #2499854 (accessed 30 November 2023)
   Levi Malory death 2 Oct 1877 (age 39) in Nashville, Davidson, Tennessee, USA.
7. ↑ Trial of McWright and Jones: "A North College Street Murder," The Tennessean (Nashville, Tennessee) Tue, Jan 29, 1878, page 4
   Newspapers Clip: 136115382 (accessed 1 December 2023)
8. ↑ Crimes and Criminals: "Newspapers.com"
   The Tennessean (Nashville, Tennessee) Tue, Jun 12, 1883, page 4
   Newspapers Clip: 136188123 (accessed 2 December 2023)
9. ↑ Case Abated: "The Courts", The Tennessean (Nashville, Tennessee) Tue, Apr 30, 1878, page 3. Newspapers Clip: 136051578 (accessed 30 November 2023).
10. ↑ Memorial: "Find a Grave", database with images
    Find A Grave: Memorial #23082670 (accessed 30 November 2023)
    Memorial page for Levy Mallory Sr. (1841-1878), citing Greenwood Cemetery, Nashville, Davidson County, Tennessee, USA; Maintained by HGWells (contributor 49850702).