Gus Franklin, Sheriff, Bartow County, Georgia: a Fall and a Wedding

Humpty Dumpty Sat on a Wall...

In 1874, Gus Franklin, the sheriff of Bartow County, had a great fall. Could there be more?

The Standard and Express 

Cartersville, Bartow County, Georgia

Untitled, 21 October 1874, page 3 

"We learn that Gus. Franklin, a very worthy citizen, fell from his door, last night, and was very seriously hurt. We are glad to learn, however, that his injuries are not mortal." 

For a genealogist, this tidbit from a Cartersville newspaper tantalizes the imagination. It hints at a great story--but alas, the true story may never be known. 

At face value, the story is simple: a man fell and got hurt. The end. The intrigue is in some other known facts, that may or may not have some bearing on the story. 

"Gus" Franklin is Augustus Montgomery Franklin, a long-time sheriff of Bartow County, Georgia. On the same day that he fell, A. M. Franklin's daughter, Alice, married a mystery man, James M. Cook. There was no prior marriage announcement in any local papers, as far as we could find. 

Since A. M. Franklin fell on the night of his daughter's marriage, the opportunity for speculation is rich. Did the sheriff partake of one too many cups of wedding punch? Did a violent scrap take place at the wedding? Was there, perhaps, a shotgun wedding? Or did Daddy discover an elopement in progress, and half break his neck running to catch the fleeing lovers?

The intrigue is only deepened by events that occurred later on; for, in 1877, James M. Cook sued for divorce from Alice Cook. Without any further insight into the court case, we only have some dry, terse Superior Court minutes to go by. Three brief items were published in the paper--the 1877 complaint by James (denied; that verdict went in favor of Alice); and two 1879 items, in which Alice herself sued for, and was granted, a divorce from her husband. 

Thinking back to the wedding-night accident--did Alice's father know then that the groom was an unsuitable fellow, that the marriage would be an unhappy one? And in 1877, when James's suit for divorce apparently failed, did James run off anyhow, leaving Alice to struggle on her own, give up, and eventually sue for desertion? Or did the couple bear with it, stumbling along unhappily for two more years until Alice finally agreed to go to court? It will forever remain an enigma. 

In 1880, Alice Cook, divorced, is back at home with Dad. James, her ex-husband, is nowhere to be found--or at least, no longer seems to be in Cartersville and is unidentifiable in census. It doesn't appear that any children were born to the couple. 

James M. Cook has a common name, so identifying him in census is so far impossible. The ones who seem to fit best are either married to someone else when James should be single; had already moved to a faraway state by 1874; or are living in some other county and don't have any characteristics to distinguish them from all the other eligible James Cooks.

[Source for Quote]: 

Gus. Franklin (untitled item) in "City and County," The Standard and Express (Cartersville, Bartow, Georgia) 1871-1875, 21 October 1874, page 3 (digital image 3), Georgia Historic Newspapers, Digital Library of Georgia (GALILEO). https://gahistoricnewspapers.galileo.usg.edu/lccn/sn85034018/1874-10-21/ed-1/seq-3/print/image_647x817_from_204,6363_to_1047,7427/ (accessed 10 November 2020 by D.K. Pritchett). 

Alice Cook vs. James M. Cook, Bartow County, Georgia, Divorce Final, 1879

Alice Cook vs. James M. Cook, Bartow County, Georgia, Divorce, 1879

[Research Note from External Sources]: Alice Franklin, daughter of Augustus Montgomery Frankin, married James M. Cook in Bartow County, Georgia, in 1874. In the 1880 US Census, Alice Cook, divorced, lives in her father's household in Cartersville. 

Alice Cook vs. James M. Cook, The Cartersville Express

25 July 1879, page 3

[Quote]: 

"Alice Cook vs. Jas. M. Cook, libel for divorce; plaintiff divorced."

[Source]: 

Alice Cook (untitled item) in "Doings of Bartow Superior Court," The Cartersville Express (Cartersville, Bartow, Georgia) 1875-18??, Friday, 25 July 1879, page 8 (digital image 8), Georgia Historic Newspapers, Digital Library of Georgia (GALILEO). https://gahistoricnewspapers.galileo.usg.edu/lccn/sn85027043/1879-07-25/ed-1/seq-8/print/image_532x817_from_1624,7279_to_2746,8999/ (accessed 10 November 2020 by D.K. Pritchett). 

Alice Cook vs. James M. Cook, Libel for Divorce, Bartow County, Georgia, 1879

Quote from The Free Press 
Cartersville, Bartow County, Georgia

16 January 1879, page 3

"Alice Cook vs. James M. Cook. Libel for divorce. Divorce allowed." 

[Research Reference, external source: James M. Cook married Alice A. Franklin (daughter of Augustus Montgomery Franklin) in 1874 in Bartow County, Georgia. In the 1880 US census, Alice Cook, divorced, is loving in the household of her father, A. M. Franklin, in Bartow County, Georgia. The first known mention of divorce appeared in a Cartersville paper in 1877, and was apparently a suit (or a legal point in the divorce) initiated by the husband, but denied--that is, the verdict went in favor of the wife. However, in this current item, the wife is the plaintiff and the verdict is "allowed."]

[Source]: 

Alice Cook (untitled, libel for divorce) in "Bartow Superior Court," The Free Press (Cartersville, Bartow, Georgia) 1878-1883, Thursday, 16 January 1879, page 3 (digital image 3), Georgia Historic Newspapers, Digital Library of Georgia (GALILEO). https://gahistoricnewspapers.galileo.usg.edu/lccn/sn88061099/1879-01-16/ed-1/seq-3/print/image_617x817_from_1382,3978_to_2466,5413/ (accessed 10 November 2020 by D.K. Pritchett). 

James M. Cook vs. Alice Cook, Libel for Divorce, Bartow County, Georgia, 1877

James M. Cook vs. Alice Cook, Libel for Divorce, 1877

Bartow County, Georgia

Research Note: Alice Cook's maiden name is Alice Franklin. She was the daughter of Augustus Montgomery Franklin, a long-time sheriff of Bartow County, Georgia. Alice married James M. Cook in 1874 in Bartow County, Georgia. 

Three items found in newspapers in Cartersville, Georgia, show that James M. and Alice Cook divorced. The first known item appeared in The Cartersville Express in 1877: James M. Cook vs. Alice Cook, Libel for Divorce. 

This item indicates that divorce proceedings were initiated by the husband--or at least, that this particular instance in the Superior court proceedings was initiated by him. Here, the finding is in favor of Alice. Perhaps this means that she objected to the divorce and it was not granted, for in 1879, at least two more items are found, in which Alice is the plaintiff. In those items, the divorce suit is granted, and then performed or finalized. 

Possibly, there are other related items in the papers. The search process is slow and difficult, so items may have been missed.

Here is the 1877 notice:

[Quote from The Cartersville Express, 02 August 1877, page 3]: 

"James M. Cook vs. Alice Cook. Libel for divorce. Verdict for Defendant."

[Source]: 

James M. Cook and Alice Cook (untitled, libel for divorce) in "Bartow Superior Court," The Cartersville Express (Cartersville, Bartow, Georgia) 1875-18??, Thurs. morn., 02 August 1877, page 3 (digital image 3), Georgia Historic Newspapers, Digital Library of Georgia (GALILEO). https://gahistoricnewspapers.galileo.usg.edu/lccn/sn85027043/1877-08-02/ed-1/seq-3/print/image_627x817_from_1271,2839_to_2243,4105/ (accessed 10 November 2020 by D.K. Pritchett). 

Obituary of Mrs. Ada Franklin Goodwin, Cartersville, Bartow County, Georgia

Obituary of Mrs. Ada Franklin Goodwin 

The Cartersville Express, 12 July 1877, page 3

[Quote]:

"With sadness we chronicle the death of Mrs. H. B. Goodwin, daughter of our estimable fellow citizen, A. M. Franklin, who departed this life on the morning of the 10th inst., at her residence in Powder Springs, Ga.  Not more than a year ago she left our little city of Cartersville as a blooming and happy bride, but alas, her young life has suddenly closed amidst the tears of her friends, and the sorrow and the regrets of a whole community." 

[End of Quote. The obituary continues with praise and a poem, but lists no more relatives. It is signed "M."]

[Source]: 

"Mrs. Ada Franklin Goodwin" (obituary), /The Cartersville Express/ (Cartersville, Bartow, Georgia) 1875-18??, 12 July 1877, page 3 (digital image 3), Georgia Historic Newspapers, Digital Library of Georgia (GALILEO). https://gahistoricnewspapers.galileo.usg.edu/lccn/sn85027043/1877-07-12/ed-1/seq-3/print/image_621x817_from_3705,405_to_5287,2484/ (accessed 10 November 2020 by D.K. Pritchett). 

Obituary of Thomas H. Calloway (Thomas H. Callaway), Sweetwater Enterprise, 1870 (via TNGenWeb)

Obituary of Thomas H. Calloway

(Alternate Surname Spelling: Callaway)
Sept. 1, 1870, |Sweetwater Enterprise|, Sweetwater, Monroe Co., Tenn.

Courtesy of TNGenWeb. Please read and comply with copyright notice below obituary!

Death of President Calloway---This estimable Christian gentleman and valued citizen breathed his last at half past two o'clock Monday morning at White Cliff Springs in this county. His many friends had been for some time prepared for the sad event, although they hoped to the last that kind and skillful attention might prolong his life for several years. Colonel Calloway was born in Knox County on the 15th day of January, 1812. About the year 1821 he removed with his father, Joseph Calloway, to this county. In 1838, having been appointed one of the surveyors of the Ocoee District, he removed to Cleveland. Shortly after this he married a daughter of Hon. Luke Lea, then Entry Taker of the Ocoee District. On the 5th of February, 1852, he was elected President of the East Tennessee and Georgia Railroad, but resigned in September, 1853. On the 25th of July, 1865, he was re-elected to the same position, and on the 27th of November, 1868, he was elected President of the East Tennessee and Virginia Railroad. On the 29th of November, 1869, the East Tennessee and Georgia and East Tennessee and Virginia Railroad Companies having been consolidated, he wa elected the first President of the consolidated companies, and was holding this position at the time of his death.

Colonel Calloway was an active and consistent member of the Cumberland Presbyterian Church, and in all the relations of life set a bright example to those who would win respect and love. We know of no other man in East Tennessee whose loss would be so generally and sincerely deplored.

His remains were taken to Cleveland on Tuesday and buried with Masonic honors. The number in attendance at the funeral was very large, comprising delegations from along the line of the East Tennessee, Virginia and Georgia Railroad.

____________________________________________

Important Copyright Notice: TNGenWeb allows for free use, sharing, and printing of files, but users must comply with the following conditions: sharing and publication of this obituary is not permitted for commercial use. To ignore this is a copyright violation. Please provide citation when sharing this file, to credit its original contributor:

Citation: Glenn Teffeteller (ed., transcriber, contrib.), "Death of President Calloway" (Sept. 1, 1870, Obituary of Thomas H. Callaway, president of the East Tennessee and Georgia Railroad), in File 3 (FILE3.TXT), Sweetwater Enterprise, (Sweetwater, Monroe Co., Tenn.), 11/18/1869 - 4/7/1876, Monroe Co., TN, Early Newspaper Abstracts 1868 – 1908, Newspaper Index for Monroe County, Tennessee, Monroe County in Tennessee GenWeb (tngenweb.org), accessed 8 Feb. 2018. URL: http://‌tngenweb.org/‌monroe/‌newspaper/‌FILE3.TXT.

My own additional research note: Thomas H. Calloway or Thomas H. Callaway, was president of East Tennessee and Georgia Railroad before and after the Civil War. He resigned during the War, when the Confederacy took over the railroad company. Callaway, a very wealthy man even by today's standards, lived in, and was strongly associated with these counties in Tennessee: Bradley County, Monroe County, Polk County. He also briefly lived in, and owned property in, northern Murray County, Georgia.

James H. Calloway 1876 Deed of Gift to Merrel and Mary (Warthen) Calloway - Murray and Fulton Counties, Georgia

TRANSCRIPT OF ORIGINAL DEED INFORMATION RECORDED IN THE SUPERIOR COURT OF MURRAY COUNTY, GEORGIA

[Calloway Deed – parties of Fulton and Murray Counties, Georgia]

Murray County, Georgia

Deed Book N, page 79-80

[TRANSCRIPT BEGINS]:

__________________________________

James H. Calloway deed

to Thomas Merrel Calloway & }

Mary Warthen Calloway }                        Deed of Gift

       State of Georgia, Fulton County – Know all men by these presents, that for and in consideration of the love and affection I bear to my Nephew Thomas Merrel Calloway and his wife Mary Warthen Calloway, I do hereby on this the Twenty-eighth day of January in the year of our Lord, Eighteen Hundred and seventy-six give unto the said Mary Warthen Calloway and the children now born or which may be born unto the said Thomas M. Calloway and the said Mary Warthen Calloway, all that Tract or parcel of Land together with all the appurtenances thereunto belonging, known as Number One Hundred and Thirty seven, Eighth District of the Third Section of Murray County State of Georgia, and containing One Hundred and Sixty acres.

       To have and to hold the said described tract of land and appurtenances thereunto belonging to thir only proper use and benefit and behoof of her the said Mary Warthen Calloway and her children (as above) executors administrators

[PAGE 80, CONT’D]

and assigns in fee simple.

       And the said James H. Calloway for himself his heirs his executors and administrators and assigns the said described premises unto the said Mary Warthen Calloway and her children (as above) executors administrators and assigns, against the said James H. Calloway his heirs executors administrators and all and every other person or persons shall and will warrant and forever defend by virtue of these presents.

In witness whereof the said James H. Calloway has hereunto set his hand and affixed his seal the day and year above written, interlined before signing

Signed sealed and delivered

in presence of

J.E. Hunt*

H.C. Leonard, N.P.

Recorded and certified for October 18th 1876

N. Heartsill

                   Clerk

_____________________________

[END OF TRANSCRIPT]

*J.E. Hunt (or) J.E. Hurt, not certain (handwriting style makes it ambiguous).

TRANSCRIPTION NOTE: Transcribed on 24 October 2016 by D.K. Pritchett, from the original deed book.

LAND NOTE: The Cherokee land lottery occurred in 1832 in North Georgia, and the Cherokee Removal (Trail of Tears) was in 1838. Murray County, Georgia, was originally part of Cherokee. The land lottery records have not been researched for the name of Lewis B. Calloway; this is a suggested avenue of further research for anyone wanting to know more about the Calloway/Callaway family. One hundred, sixty acres (160) is a typical, complete land lot.

MORE INFORMATION ON LAND LOT 137

Other deed transactions involving Land Lot 137 in the 8th District, 3rd Section, Murray County, Georgia, occur in the Murray County deed books, but were not researched. According to the Index to Reverse Deeds, James H. Calloway was granted [bought or received] Lot 137 from Lewis B. Calloway, in a transaction dated 8 November 1842, entered into Deed Book H, page 150. [This is fairly early after the 1838 land lottery, placing the Calloways, or land purchases concerning the Calloways, in Murray County very early in its history].

Again, two transactions involving this land (but not researched or extracted) occurred in 1881 and 1884, between Thomas M. Calloway, Guard [prob. Guardian] and John Phillips. Those transactions are recorded in Book O, page 229 (1881) and Book P, page 326 (1884), and involve Land Lot 137 in the Eighth District, Third Section, Murray County, Georgia. Details of those transactions are not known.

ALTERNATE SURNAME SPELLING: CALLAWAY

Isaac Cooper, Long Island, Jackson, Alabama: WWI Draft and Marriages

Isaac Cooper World War I Registration Card

[Extract from document image]:

Serial Number 664, Order Number A 2497

Isaac Cooper

Permanent Home Address: 23 [street, blank], Long Island, Jackson, Alabama.

Age: 37. Date of Birth: March 29, 1879.
[Checked]: White, native born.
Occupation: Farming; (employer) self.
(at) Long Island, Jackson, Ala.
Nearest relative: Cleo Cooper
(of) Long Island, Jackson, Ala.

[Affirmation, signature]: Isaac Cooper.
[Registrar's Report] 1-4-8-C.
Description: Tall, medium build, Blue eyes, Dark Hair.
Physical disqualifications: None.

Signed: William Cargile.
Date of Registration: Sep 12, 1918.

Stamp: Local Board for the County of Jackson, State of Ala., Scottsboro, Ala.

Citation: "United States World War I Draft Registration Cards, 1917-1918," index and images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1951-25103-8816-37?cc=1968530 : accessed 29 Jul 2014), Alabama > Jackson County; A-Mason, John > image 1225 of 3778; citing NARA microfilm publication M1509 (Washington D.C.: National Archives and Records Administration, n.d).
________________________________________

 More about Isaac Cooper

Southern Muse's identification of individual: D.K. Pritchett's great-grandfather: Isaac Cooper, born 29 March 1879, Long Island, Jackson, Alabama; son of Peter Cooper and Malinda Sizemore.

Isaac Cooper married (1) Mattie Jane Emaline Wigley (or Wiggley) (called Mattie).
[Record: Issaac Cooper (married) Miss Mattie Wigley on 9 November 1902, Trenton, Dade, Georgia; marriage book D, p.93].

Isaac Cooper married (2) Clarancy Cleo Colvin (called Cleo).
[Record: Mr. Isaac Cooper (married) Miss Cleo Colvan on 10 Dec 1911, Long Island, Jackson Co., Alabama; marriage book 3, p.436 (on file at courthouse in Scottsboro).]

Isaac Cooper married (3) Euna Estelle Higdon (called Estelle).
[Record: I.S. Cooper married Estell Higdon on 17 March 1929, Marion County, Tennessee; marriage book 20, p.130]

Note: Isaac has the middle initial of "S" on one marriage record. None of us descendants know what, if anything, it stands for. I've tried to extract records verbatim, but have had to refer back to my old notes in some cases. Also, my extract of Isaac's first marriage is from a typed, certified copy, backed up by my old notes from when I extracted it from the marriage book. Back then, my extracts were not all verbatim. DKP's extract style, not copy/paste.

Obituaries - Extract of Selected Surnames, North Georgia

Brief Extract from Georgia Obituaries

Selected Surnames

This scrap of genealogy is from my extract of a source called Georgia Obituaries 1740-1935 by Jeanette Holland Austin, 1993. My note says “9/14/93 page 47,” but I’m not sure if all extracted names were found on that one page.

Cooper, John, died 1-27-1814 in Alabama. Killed by Indians. Source: The Georgia Journal 2-2-1814, Milledgeville 1835-1836.

Gray, Mattie L., Mrs., died 5-24-1920. Walker Co., Georgia. Born 5-2-1857 at Ascalon. Parent: Wm. Campbell. Spouse: Rev. Lee Gray. Source: WM 11-5-1920
(I failed to note what the WM source code referred to—probably Walker Messenger.)

Petty, Wm., died 5-1864, Paulding Co., Georgia. Born —. Spouse: Cynthia (b.1832).  
Source code: Paulding CWP (Civil War Pensions).
————
The following all note “CS,” but it’s not clear whether that refers to The Cartersville Sentinel, Cartersville, Georgia (or) The Cassville Standard, Cassville, Georgia.

Bryant, John, died 8-9-1887 at Oxford. Born 1880. CS 8-9-1887.

Petty, Nancy, Mrs., died 1-1-1889 in Newton Co., Georgia.. Born 1802. Spouse: Littleton Petty. CS 1-8-1889.

Petty, Wm. H., died 6-16-1896 in Newton Co., Georgia. Born 1842. Parents: Littleton Petty. CS 6-16-1896.

Petty, Thos. F., died 6-9-1896 in Newton Co., Georgia. Born 2-8-1818. Spouse: Sarah A. Bearry. CS 6-9-1896.