Obediah Payne (abt. 1757 - abt. 1810)

Born about 1757 in Bedford, Virginia

Ancestors

Son of Joseph Payne and Mary Phoebe (Offill) Payne

Husband of Jemima (Oney) Payne — married 1780 in Knox, Kentucky, United States

Descendants

Died about 1810 at about age 53 in Fighting Creek, Knox, Kentucky, United States

Problems/Questions Profile managers: MG Pitts [send private message], James Dignan [send private message], and Gwendy Darling [send private message]

Biography

Obie was a character. He grew up in Bedford Co., Virginia but moved to the Deskins Valley in Tazewell Co. by 1773. According to court records, was accused of stealing a horse from a Charles Anderson of Bedford Co. in 1780 when he would have been about 24. Property records show that the next year he purchased 150 acres in Tazewell Co., Virginia. In 1782, Obie was successfully sued by land promoters, Donnell & Barr for a cow and a heifer. Part of Tazewell Co. became Russell Co., Virginia and according to court records between 1782-1797, Obediah was arrested for various offenses from theft of a fox skin (convicted and lashed 5 times) to murder (He was acquitted.) By 1800, he moved to Knox Co., Kentucky because in November of that year he was listed as a juror in a court case. He was called to court for a debt he owed one Joseph Ballenger in 1801 and was listed as delinquent in his taxes in 1808. Things looked up for him in May of 1812 when he received a land grant in Arkansas but there's not information whether he ever saw the land he owned before he died in 1818. He was buried in the Martin Payne Cemetery in Bimble, Knox, Kentucky, USA

MY NOTES: Obediah Payne appears to be a well-documented individual. Only his birth/death date is in question. It seems that there were early reports by his family that he died in 1818, which was then published in 1990 in "A Compilation of the Joseph and Phoebe Payne Family of Bedford County, Virginia." However his gravestone, which was apparently once unmarked, now clearly reads 1810, as of at least 2010. I suspect that his headstone was updated between 1990-2010, and that a typo or mis-read date is to blame, but there is no way when or by who the error was made. As there is no hard evidence either way, I am choosing to honor the date currently on his gravestone, as it will make identifying him easier by those who are looking for him. The same can be said for his date of birth, which wavers between 1756 and 1757. For continuity, I am using the date on his gravestone. (Following CHANGES, this note appears to have been entered by Gwendy (Thompson) Darling.)

________________________________________________________________________ Notes from around the web: ________________________________________________________________________

Obediah Payne was born 1757 in Bedford, Bedford, Virginia. Obediah's parents were Joseph Payne and Phoebe Offill Payne. Obediah married Jemima Oney in 1780 in Knox County, Kentucky. Obediah passed away in 1810 in Fighting Creek, Knox, Kentucky. Obediah was buried in Bimble, Knox, Kentucky

• • the following was found on ancestry.com

The following information came from Jessamine County Historical Society and www.webroots.org/library/usahist/homnrs04.html

Obediah is mentioned in the will of Joseph Payne as a son (will probated 24 September 1803 in Bedford Co VA).

Obediah was born in 1756 in Bedford Co VA and died in Fighting Creek, Knox Co, KY in 1818. He is buried at the Martin Cemetery, Bimble Hinkle Road, in Knox County. There is now a headstone for Obediah and his wife marking what is apparently a joint grave (his wife died in 1820).^[1]

In the year 1773 Obediah and his brother-in-law Richard Oney were among the first settlers in the Deskins Valley area of Tazwell Co VA. In Russel County VA on 02 November 1781 there is an entry in the Land Entry Book One, Page 53, for 150 acres on the Clinch River in Tazwell Co VA for 150 acres for Obediah Payne. Part of Treasury Warrent #7844 is mentioned in Benjamin Oney's will.

Apparently as the result of a complaint made against him for stealing a horse and other property, Obediah left Tazwell CO by 1800 and went to Knox CO KY. In 1800 he received a bounty for a wolf scalp he sold in Knox CO.

Jemima Oney Jemima Oney was born September 1760 in Tazewell, Tazewell, Virginia. At this time, I do not know her parent's names. Jemima passed away in 1820 in Hinkle, Knox, Kentucky and was buried in Bimble, Knox, Kentucky. Children of Obediah and Jemima Payne Joseph Payne William Payne Elijah Payne Josias Payne Elisha Payne James Payne Thomas Payne

• • you can find Thomas's information on his own page

Benjamin Oney Payne Abigail Payne

http://vulgamott.weebly.com/obediah-payne--jemima-oney.html

http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?op=GET&db= jwilso7761&id=I00006

There were probably other children of Obidiah, possibly prior to 1787 and possibly, though less likely, after Benjamin whose birth was predicted on his marriage date plus his n ot being involved in litigation until later. William and Jo seph who are certainly family could be sons. Elisha and Elijah both had many land warrants in Kentucky. Elijah lived a nd died in Knox County, Kentucky. Elisha, Thomas and Benjamin moved to Indiana, Elisha and Thomas lived in DuBois County, Indiana. It's uncertain about Benjamin, he took land on Devil's Backbone in 1837 according to the land records in Vincennes, Indiana. Thomas took and retained his land in 1835. Thomas removed to Indiana about 1820 (on 1820 census). Elisha was involved in litigation in Kentucky as late as 1832 as was his brother Benjamin who must have removed to Indiana 1833 or later.

Sketch by Dale Payne; Obediah Payne the son of Joseph and Phoebe Payne was born according to one source about 1760. However I'm inclined t o believe that he was born much earlier then this. He was married to Jemima Oney, the daughter of Benjamin Oney. In the year 1773 he and his brother in law, Richard Oney, were among the first settlers in the Deskins Valley area of Tazwell County, Virginia. In 1780 he was charged with a felony in Bedford County, Virginia. The complainant alleging that he had taken a horse and some other property. This was one of several court cases that involved Obediah between 1780 and 1797 in the State of Virginia. In Russell County, Virginia on 2 November 1781 there was an entry made in Land Entry Book 1, page 53, for 150 acres on the Clinch River, Tazwell County for Obidiah Payne. This was part of Treasury Warrant #7844 and is mentioned in Benjamin Oney's will in Tazewell County, Virginia.

It is believed that Obediah left the Russell County area about 1797 or shortly thereafter and went to Knox County, Kentucky. He was definitely in Knox County by 1800 when he received a bounty for a wolf scalp. Obediah left no will when he died in 1818 and he is buried at the Martin Cemetery on the old Payne/Martin Place on the Bimble-Hinkle Road in Knox County Kentucky. Only an unmarked stone however marks his burial place. His wife Jemima died about 1820 and is buried here also.

Obediah Payne sketch from Michael Mills, Barbourville, Ky.;

Directions to the Payne-Martin cemetery; Take US 25 east out of Barbourville. Turn left at Bimble onto Kentucky 1304 . Go 2 miles, turn right onto Hale Branch Road. Turn left at the yellow house and white tool shed. Drive about 100 yar ds or walk up the hill to the graveyard. The location of Obidiah's grave in the Payne-Martin cemetery has been determined by the testimony of some of the older residents of the area, but he had no markings on his original stone. He is buried beside his son who does have a headstone with faintly visible lettering. A tracing made on this stone revealed the words, "Here lies Elijah son of Obediah." This is the only proof there is that Obediah was the patriarch of the Payne men who were among Knox County's earliest settlers. Obediah Payne left no will, but this tracing of the stone inscription has been accepted by the D.A.R . as proof of line of descent. Every family tree needs its colorful character and Obediah Payne is certainly that. His exploits are legion and are indicative of a real scalawag who must have been an embarrassment to his rather distinguished family as well as to his wife's. The first allegation against Obediah was made in 1780 in Bedford County, Va where he was charged with stealing a horse from one Charles Anderson. One has to hope that Charles was not a relative of Obediah's future sister-in law, Sarah Anderson. In 1872 Obediah Payne was sued successfully by Donnel and Barr, land promoters, for one cow and heifer. Obediah reside d in Russell County, Virginia between 1782 and 1797 and th e court records show that he was brought to court many time s. In 1790 the Grand Jury found him guilty of "feloniously taking and carrying away a fox skin worth two shillings. " For this he was sentenced to 15 lashes "well laid on the back" by the sheriff. It is rather difficult to track down the results of each court hearing, but the court indices show that Obediah was charged on a regular basis with every thing from assault and battery to accessory to murder. ( He was acquitted of the murder charge.) After relocating in Kentucky, Obediah Payne seemed to fare better with the local sheriffs and constables. In 1800-18 01 per Knox County Minute Book "A" Obediah was a Knox County juror. In 1800 he received bounty payment for a wolf scalp. In March 1805 the Knox County Court record shows that Obadiah Payne was paid 1 pound, 10 shillings and three pence for doing "county work". While Jemima Oney came with her husband, Obediah Payne, to Knox County, Kentucky. Sometime before 1800, several of the Oney's seem to have settled in Floyd County, Kentucky where a number of Paynes were also found. Early land record s in Floyd County include the names of Elijah, Thomas. William, and John Payne. William Payne's name was particularly conspicuous in Floyd County in that he filed land claim s for 400 acres in 6 different transactions between 1817 an d 1832.

County Court Law Order Book 1786-1804 Russell County, Virgina

Date Defendant Action Plaintiff Book Page

1788 Obediah Payne Continued Commonwealth 1 122 1790 Obediah Payne Petit Larceny Commonwealth 1 191 1791 Obediah Payne Rhea Judgement for 1 232 note and cost 1795 Obediah Payne Murder Charge Commonwealth 2 209 1797 Obediah Payne Peace Bond 2 356

Book 1, page 191.. Commonwealth against Obediah Payne Grand Jury returned a true bill against defendant, Obediah Payne. The defendant pleaded not guilty, was tried by a Petit Jury and was found guilty. Sentenced was ordered by the Jury to be 15 lashes well laid on the back by the Sheriff immediately. (Was charged with feloniously taking and carrying away a fox skin worth 2 shilling).

Book 2, page 209.. Commonwealth against Obediah Payne At a Court held at Russell County Courthouse on the 14th da y of May 1795 for the examination of Obediah Payne on suspicion of his being an accessory to certain felony and murde r committed on Peter Francis DeTubeuff and his family, th esaid DeTubeuff being willfully murdered and his family dangerously wounded, whereupon he feloniously took and carried away sundry goods of the said DeTubeuff of the value of One Thousand Dollars - Present Richard Price, Samuel Robinson, John Smith, Sam Ewing and James Dickenson, gentlemen.

Montgomery County, Virginia

This day I send you the body of Obediah Payne of this County and brought before me William Thowson one of the Justice s of this County brought before me by a Warrant Felony. William Davies one of the Justices of this County, convicted by the oath of Valentine Harmon to his acknowledgement o f stealing a black horse having no brand and branding him and also of killing of hogs and likewise stealing a bay horse and afterwards branding him and you are therefore commanded to receive the same Obediah Payne into your Gaol and him there safely to keep until he be acquitted or condemned agreeable to Law under my hand this 28th day of October 1788.

William Thompson

At a Court of __?____ and ___?___ held at Montgomery Courthouse the 4th day of November in the XIII year of the Common wealth for the examination of Obediah Payne on suspicion o f his feloniously taking a black horse also the killing of hogs and stealing a bay horse having no brand and branding him of the value of 15 pounds. Present William Davies, Robert Sayers, John Adams, James Lloyd, William Thompson and James Mc_____. The above named Obediah Payne was led to the Barr and upon examination denied the fact wherewith he stands charged , upon which several witnesses were sworn and examined an d the prisoner heard in his own defense on consideration o f which and of circumstances relating to the crime. The Cou rt are of the opinion that he is guilty of the facts wherewith he stands charged and he ought to be tried for the same at the General Court or Court of ______ and ______ next a nd in order thereto he is remanded back to the Gaol of th e County to be thence removed to the Public Gaol in the city of Richmond. Be it remembered that Valentine Harmon and George Waggoner this day came before the Justices of the Commonwealth now here and severally acknowledged themselves indebted to the said Commonwealth in the sum of 100 pounds each to be levied of their respective goods and chattels, land and _____ , and to the said Commonwealth remained on condition that the said Valentine Harmon or George Waggoner do not appear at the General Court next on the first day thereof and the n and there testify against Obediah Payne concerning the facts wherewith he stands charged and do not depart without l eave of the said last mentioned Justices then this recognized to be void.

The Court did arise, James Mc_________

From History of the New River Settlements of Tazwell County , Virginia. Richard Oney and Obediah Payne settled in what is now known as Deskin's Valley.

http://worldconnect.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=hagerj&id=I181844

Obediah Payne, born ca. 1752, was the son of Joseph and Phebe Payne. In 1773, he was one of the first settlers of the Deskins Valley area of Tazwell County, VA, as listed in William C. Pendleton's, "History of Tazewell County and Southwest Virginia 1748-1920," page 234. He went there with Richard Oney, who was then, or soon to be, his brother-in-law. Obediah married Jemima Oney daughter of Benjamin Oney. The date of Obediah's birth is calculated to be ca. 1752, since he was mentioned as a settler in 1773.

On 2 November 1781, an entry was made in Land Entry Book 1, page 53, for 150 acres on the Clinch River, Tazwell County, VA, for Obediah Payne. This was part of Treasury Warrant # 7844, and is mentioned in Benjamin Oney's will in Tazwell County, VA.

During the first several years of Obediah's adult life, he frequently spent time in jail. In 1780 in Bedford County he was remanded to the public goal in the city of Richmond. In 1786 Obediah Payne of Bedford County, late of Montgomery County, was committed to the jail of this county. In 1788 in Montgomery County he was put into jail for suspicion of taking a black horse, killing of hogs, and stealing a bay horse.

In the Determined Papers of 1785-1786 in Bedford County, VA, Obediah confessed to the following: Sometime in 1775 while he was living with Richard Wilson in Botetourt County, VA, Wilson had persuaded him to withhold two eight £ bills of silk paper money from William Campbell, and to give it to Wilson. After a small time Obediah wanted to return it to Campbell, but Wilson promised he would do it in his behalf and said that if he returned the money he would be hanged; then Wilson converted the money to his own use. Additional charges to which Obediah confessed were that he had taken a horse from his brother, Joseph Payne, and sold it to Samuel Crockett; had feloniously taken a mare from Charles Anderson of Bedford County; borrowed a horse from Samuel Crockett; and borrowed a coat from one of his own sons. Obediah had traded Anderson's mare and Crockett's horse to Thomas Flowers of Botetourt County.

In 1790 in Russell County, VA, Book 1, page 191, it was reported that Obediah was tried by a Grand Jury, found guilty, and sentenced to 15 lashes well laid on his bare back, he being convicted of carrying away a fox skin worth 15 shillings.

On 14 May 1795 in Russell County, VA, Book 2, page 209, in Call Court records, Obediah was indicted on suspicion of a felony and the murder of a French settler, Monsieur Pierre Francois deTubeuff. According to an account published in the "Republican Journal and Dumfries Advertiser," June 12, 1795, in the last of April twelve conspirators had approached the home of deTubeuff, and one feigned illness. The gentleman deTubeuff welcomed all of the men inside and when his back was turned, one of the men beat out his brains with the butt of his gun. The conspirators then robbed the home of items worth $1,000. DeTubeuff's son and a housekeeper were injured, and a servant attempting to escape drowned in the Clinch River. Three men were caught, including "the noted Obediah Payne," and taken into custody. One of the other men admitted to the murder, Obediah declared himself not guilty, and the three were bound over until the next court date. Obediah was later acquitted.

It is believed that Obediah Payne left the Russell County, VA, area about 1797, and went to Knox County, KY. He was definitely in Knox County in 1800 as he received a bounty for a wolf scalp sold there. Obediah seems to have left his past behind and turned over a new leaf upon moving to Kentucky, because records there show no further arrests, and that he served as a juror in Knox County. Obediah left no will when he died in 1818. His descendents report that he is buried in the Martin Cemetery on the Old Payne Martin Place, Bimble Hinkle Road in Knox County, KY. Only an unmarked stone marks his burial place. His wife Jemima died about 1820 and is also buried there. Descendents of Obediah report that his known children were Elijah, Elisha, Thomas, Joseph, William, and Benjamin Oney Payne.

http://www.maryfern.com/payne-y.htm

DNA Sources

DNA relationship confirmed by comparison on GEDmatch of GH6719072 (Thompson-19754) with T395794 (Dunlap-1417), who both show Offill-7 as a common ancestor, and have a shared number of cM that is in line with that relationship.

DNA relationship confirmed by comparison on GEDmatch of GH6719072 (Thompson-19754) with both T587714 (Shaw-5318) and T529057 (Shaw-5320), both of who show Payne-204 as a common ancestor with Thompson-19754, and have a shared number of cM that is in line with that relationship.

This Profile is showing in error on the Database Reports (DBE) because of the DNA Statement. The currrent statements are really close to the requirements but are missing just a few bits of information (such as Paternal and Maternal specific matches). Check out the DNA Help page for details on how to correct the DNA Statements: https://www.wikitree.com/wiki/Help:DNA_Confirmation

Sources

1. ↑ [https://www.findagrave.com/memorial/46486716/obediah-payne Find A Grave}

• Pedigree Chart - Payne Lineage (Researcher - Michael C. Mills, PO Box 57, Barbourville, Kentucky)

Pedigree Chart - Abigail Payne (Researcher Teri Allred, 3635 South Frick, Tuscon, AZ) US and International Marriage Records 1500 - 1900, (Provo, UT, USA, The Generations Network, Inc., 2004) M. Secrist, Knox County, Kentucky: History Revealed Through Biographical and Genealogical Sketches of Its Ancestors (, 2012), Personal copy. Transcribed by Karen Cooper, Knox County Court Order Book I (Knox County Genealogical Society, 2603 Aintree Way, Louisville, KY), KY) Abstracted by L. D. Prewitt, Knox County Court Order Book A (Knox County Genealogical Society, 2603 Aintree Way, Louisville, KY), Kenton Co. Library, 11. Dated Oct. 10, 1808. Army of the United States, Land Grant - Obediah Payne

• Source: S1178 Author: Ancestry.com Title: U.S., Find A Grave Index, 1600s-Current Publication: Name: Ancestry.com Operations, Inc.; Location: Provo, UT, USA; Date: 2012; Repository: #R1 Repository: R1 Name: Ancestry.com Address: http://www.Ancestry.com E-Mail Address: Phone Number:
• Source: S1196 Author: Yates Publishing Title: U.S. and International Marriage Records, 1560-1900 Publication: Name: Ancestry.com Operations Inc; Location: Provo, UT, USA; Date: 2004; Repository: #R1

Acknowledgements

Obediah Payne was created on 22 September 2010 through the import of PittsPenn_2010-09-21.ged.