Thomas Jefferson Berry II (1805 - 1837)

Born 1805 in Claiborne, Tennessee, United States

Ancestors

Descendants

Died Apr 1837 at about age 32 in Tazewell, Claiborne, Tennessee, United States

Biography

Thomas Jefferson "Jeff" BERRY was born about 1805 and died before in April of 1837 in Claiborne Co, TN from a gunshot wound. He married Mary "Polly" HURST. She was born about 1809, the daughter of John Hurst IlI and Nancy

They had the following children:

• Nelson Berry 1824–1866
• William Jackson Berry 1829–
• Thomas Jefferson Berry III 1832–1873
• Sarah J Berry 1835–

Apparently, Thomas Jefferson Berry II was shot and killed by his brother-in-law (William Hurst (1827-1897) The killing took place in and around Tazewell, TN. Here is a synopsis of what occurred from the Knoxville Register, Sept. 24, 1836: (Thanks to SFNEWSGAL, member of Ancestry.com, from Pensacola, Florida, USA.)

"The following contains a statement of the most horrid and deliberate murder which we have heard of in modern times. It may be relied on as authentic. ...Editor..- Knoxville Register:"

Tazewell, (Tenn.) Sept. 24, 1836.-Sir: A murder was committed in Claiborne county, near this place, on the road leading to Kentucky last week, in self defence, under the following circumstances:

William Hurst shot Thomas J. Berry, who expired in a short time after. Ths parties brothers-in-law; bad feelings had existed between them; the deceased had occupied the house where Hurst now lives; had moved to the Crab Orchard. in Kentucky, with his family; returned a few day back to this neighborhood, as stated, with a view to have satisfaction. On the day of the fatal deed, Berry (whose father lives in this neighborhood) borrowed a gun of one of his brothers, walked past Hurst's house several, and stopped out of sight.

Hurst's eldest son discovered him, and hallooed to his father that Berry intended mischief. Berry then came in sight, and walked toward Hurst and his wife, both then standing in the road. On nearing, Berry levelled his rifle. Hurst got hehind his wife and used her as a shield, Berry still dodging to get an aim or sight to shoot Hurst. In the mean time, Hurst sent his son to borrow a rifle. This Indian struggle lasted fifteen or twenty minutes, the contending parties being some three feet apart. Berry finding he could not get a shot at Hurst, without probably hitting his wife, which he did not want to do, took the rifle in one hand, and drew his butcher knife with the other. In the act of doing so, Hurst's son handed his father a loaded rifle, who instantly shot Berry through the body mortally. Berry also fired, but missed, the ball grazing the side of Mrs. Hurst's head. The two rifles cracked within a second of each other, Hurst firng first.

After being struck, Berry made an effort to reload, in a few minute's took off his loaded rifle, who instantly shot Berry through the body mortally. Berry also fired, but missed, the ball grazing the side of Mrs. Hurst's head. The two rifles cracked within a second of each other, Hurst firng first. After being struck, Berry made an effort to reload, in a few minute's took off his shot-pouch, laid his rifle against the fence, and soon fell and expired. After falling, water was handed to him; he spoke a few words - that he had come to kill Hurst, but Hurst had killed him. Hurst asked his forgiveness, and Berrv gave him his hand in token, and in doing so, expired. Hurst gave himself up, was tried by a called court next day, and acquitted. Berry has left a widow and small family in Kentucky." (Knoxville Register 1836).

According to the minutes of the Big Spring Primitive Baptist Church, William Hurst was excluded from the congregation on the second Saturday in April 1837 for “killing Jefferson Berry.” The minutes said “Hurst said he thought it was the only means he had of saving his own life and not having a proper travel of mind on the same.” William Hurst was the brother of Jefferson’s wife.

His (Thomas Jefferson Berry) wife Mary Hurst Berry died a couple of years later.

Prior to his fatal shooting, starting in September of 1828, Thomas J. Berry II, along with his father the elder Thomas J. Berry I, were taken to court a number of times. Some of these involved incidents where a Peace Warrant was taken out against the men. One of these Peace Warrants was taken out by James Jenkings, March 20, 1828. The Court ordered Thomas J. Berry, along with his wife Mary Berry to be good toward Jenkings for 1 year and 1 day and post a bond of $200. Delila Hurst sued Thomas J. Berry, probably over a debt, on September 23, 1829. In 1830, Thomas J. Berry, Sr. and Mary Berry witnessed a bill of sale in Claiborne County where Elijah Hurst sold a slave girl named Darcus to Delila Hurst. Thomas J. Berry was listed on p.149, line 8 of the 1830 census of Claiborne County, Tennessee. He was listed one line above Nancy Hurst, aged 60-70, who was his mother-in-law. Other problems were listed for Thomas J. Berry, II in minor court documents but it showed a penchant on the part of Berry to seemingly rush to court to tie up property situations as well as having the court rule on personal situations with, family and neighbors. (Moore 2000)

According to the minutes of the Big Spring Primitive Baptist Church, William Hurst, although vindicated in the shooting death of Berry as self defense by the court, Hurst was excluded from the Baptist congregation on the second Saturday in April 1837 for “killing Jefferson Berry.” The minutes said “Hurst said he thought it was the only means he had of saving his own life and not having a proper travel of mind on the same.” William Hurst was the brother of Jefferson’s wife. (Moore 2000).

Thomas Jefferson Berry II was buried in Big Springs Primitive Baptist Church Cemetary - Springdale, Claiborne Co., TN.

Sources

• Moore, Gaynelle J. (2000). The Descendants of Thomas Jefferson Berry of Claiborne County, Tennessee. The Berry Bulletin, Volume 15, No. April, May, June. Page 1-2. https://www.ancestry.com/mediaui-viewer/collection/1030/tree/1834967/person/-191649908/media/1964a7c7-fc0f-4643-974d-9b4fe96b59c2?_phsrc=EUo54&usePUBJs=true&galleryindex=4&sort=-created.
• Editor-in-Chief (1836) "Murder Committed in Claiborne County" Knoxville Register, Staff/24 Sep 1836. (transcription-SFNewsGal/Ancestry.com).
• 1830 United States Federal Census. https://www.ancestry.com/imageviewer/collections/8058/images/4409558_00297?pId=745188.
• 1840 United States Federal Census. https://www.ancestry.com/imageviewer/collections/8057/images/4410644_00469?pId=3399543.
• Kentucky, U.S., Death Records, 1852-1965. https://www.ancestry.com/imageviewer/collections/1222/images/KYVR_994044-0218?pId=601049860.
• U.S., Find a Grave® Index. https://www.findagrave.com/memorial/154682735/thomas-jefferson-berry?_gl=1*pmkhju*_ga*MTIyNjQyNDE3NC4xNjg0NDMyMTMy*_ga_4QT8FMEX30*NTZkZDg0MGItZDMzNC00ZjM0LTkzZDgtMzYyOGU1OWEzM2U1LjExLjEuMTY4NDYzMTY5MC41MS4wLjA.