| 8. |  William Newberry was born in 1765 in Campbell County, Virginia, USA; died in 1823 in Franklin County, Virginia, USA. Other Events:
- PP Tax List : 1787, Campbell County, Virginia, USA; 1 poll; 1 horse; 1 cattle
- PP Tax List : 1789, Campbell County, Virginia; William is listed in the Campbell County Tax list consistently from 1789 until 1795 with 1 poll, 1 horse
- PP Tax List : May 1798, Franklin County, Virginia, USA; William Newberry 1 poll, 2 horses
- PP Tax List : Mar 1799, Franklin County, Virginia, USA; William Newberry 1 poll, 2 horses
- Deed : 6 Jan 1800, Franklin County, Virginia; Deed between William Newberry and Stephen Chidster
- PP Tax List : April 1803, Franklin County, Virginia; 1 tithe, 1 horse - $12
- Census 1810: 1810, Franklin, Virginia, USA
- Resident: 1820, Franklin County, Virginia; William isn't found in the 1820 census of Franklin, however in the household of Thomas Newberry, there is a white male over the age of 45 living with them. This is probably William, as when William goes away for murder and writes out his will, he includes that Thomas be permitted to live on his land rent free. Indicating that Thomas was already living there and that they were all probably making their home together. Margaret, William's second wife is probably deceased by this time, as she isn't listed in the 1820 census nor is she mentioned in William's will of 1822.
- Murder Trial: 1 Oct 1822, Franklin County, Virginia; Tried and confined to 8 years in the penitentiary for 2nd degree murder. There don't seem to be any court records proceeding this, indicating that William probably lead a quiet life with no other troubles before this. Unfortunately, there are no records showing what brought about the trouble that lead to a murder. Little information has been found about James Parker. Some speculate that he may have been a "drummer" a traveling salesman of the time. A James Parker is found in Franklin court records, marrying Charlotte Cockran Sept. 9, 1818. This may or may not be the murder victim.
- Will: 26 Oct 1822, Franklin County, Virginia; William wrote his will the same day he was sentenced to prison. Research indicates that he was likely taken to Penitentiary Hill (on VA 40 east) rather than the state correctional institution in Richmond.
Notes:
Deed :
This indenture made this 6th day of January one thousand eight hundred between Stephen Chidester of the one part and William Newberry of the other part, each of the county of Franklin, witnesseth that for and in consideration of the sum of twenty three pounds ___ money of Virginia to him in hand paid by the said William Newberry the receipt whereof the aforesaid Stephen Chedester dith hereby acknowledge hath given granted bargained and sold and by those presents doth give grant bargin sell deliver and confers unto the said William Newberry a certain tract or parcel of land containing 50 acres be the same more or less bying and being in the county of Franklin and on the south, south side of Mill Branch adjoining John Herd, Samuel Underwood, John Widow (?), Austin & Charles Herd and bounded by as followeth to wit; beginning at a chestnut tree on ___ thence with the same as it meanders to a Synn? thence by old patent line to a Spanish Oak thence same to a Hickory, thence to a Hickory thence to a locust being a new division line on the head of a br. and thence down the same as it meanders to a white oak and thence to the beginning. To have and to hold the said parcel of land together with it's appurtenances to him the said William Newberry his heirs ___ And the said Stephen Chedester doth further ___ and agree to warrant and forever defend the said ____ from and against the claims or demands of all persons in fee simple and witness whereof the said Stephen Chedester have hereto set his hand and seal the day of year first above written. In the presence of us James Radford and James Pemberton and John Heard.
Stephen Chidester
At a court held for Franklin County June 1800. This indenture of bargain and sale between Stephen Chidester of the one part and William Newberry of the second part was proved by the oath of John Heard witness hereto and at ____ hereto for said court Oct 4 1814. The said indenture was further proved by the oath of James Radford another witness hereto who also proved the ___ and the names of James Pemberton at his request and that said James Pemberton has since removed beyond the limits of this state. Whereupon it is ordered that the said indenture be recorded. Test. Caleb Tate CFL
Franklin County Deed Books page 177
Murder Trial:
Newberry Murder Trial, 1822 - Franklin Co. VA
September Court 1822
At a court held for the Franklin County at the Court House the first day of October 1822 for the examination of William Newberry charged with feloniaous homicide in the killing of James Parker in the said County on the twenty second day of September 1822.
(Present) Peter Saunders, Majia Greer Jr. Henry Carper, Edmond Tate and George Memafee--Justices
The said William Newberry was led to the bar in custody of the jailor of the County and thereupon it being demanded of him wheather he's guilty of the offence of which he stands charged or not guilty. Saith that he is in nowise guilty thereof, whereupon the Court proceeded to examine _______, as well in behalf of the Commonwealth as of the prisoner, who was heard by Council in his defence, on consideration whereof it is the opinion of the court that the said William Newberry, for the Homicide aforesaid ought to be tried before the Superior Court of Law of the County at the next term thereof, where upon he is remanded to jail.
John Griffith, Hannah Heard, Ann Parker, Rebecca Parker, Angus McGhee, Abraham Jones and Jacob Sigmon, came into Court and severally acknowledged themselves to be indebted to his Excellency, Thomas M. Randolph Esquire, Governor or Chief Magestrate of the Commonwealth of Virginia, in the sum of one hundred dollars each of their respective lands and tenements, goods and chattels to be levied and to the said Governor and his succesors for the use of the Commonwealth reserved, yet upon this condition that if the said John Griffith, Hannah Heard, Ann Parker, Rebecca Parker, Angus McGhee, Abraham Jones and Jacob Sigmon shall make their personel apperance here before the Judge of the Superior Court of Law of this County on the first day of the next term of the said Court to give evidence in the behalf of the Commonwealth touching the felonious Homicide with which William Newberry is charged and shall not depart hence, without the leave of the said Court, then this Recogonizance to be void.
Majia Greer
Court Disolved
Franklin County, Va record book 8, page 57
Newberry Arraignment and Sentencing, Part 2, 1822 - Franklin Co. VA
Order Book 1, Page 442, (1810-1823) of the Superior Court Franklin County, Virginia
At a Superior Court of law for Franklin County continued and held at the Courthouse the 26th day of October 1822
Present (The same judge as on yesterday)
William Newberry late of the County, labourer, who stands convicted of murder in the second degree was again brought to the Bar in custody of the keeper of the Public jail of this County, and thereupon it being demanded of him if anything for himself he had or knew to say why the Court to Judgment and execution against him of and upon the premises should not proceed and nothing being offered or alleged in delay of judgment therefore it is considerered by the Court that the said William Newberry be imprisoned in the Publick Jail and Penitentiary house of this Commonwealth for the term of Eight years the period by the Jurors aforesaid in their verdict ascertained and that he be kept in solitary cell in the said Jail and Penitentiary house on low and coarse diet for the space of one twelfth part of the said term.
And it is ordered that the Sheriff of this County do as soon as possible remove and safely convey the said William Newberry from the jail of this County to the said Publick Jail and Penitentiary house,therein to be kept imprisoned and treated in the manner directed by the act entitled, an act to reduce unto one act the several acts and parts of Acts for establishing a Penitentiary house and for the punishment of crimes.
And in pursuance of the said Act the Court doth certify that nothing appeared to the Court either in aggravation or extenuation of the offense of the said William Newberry nor did it appear before the said commission of the said murder that he was of a bad or good character or had ever been tried.
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William appears to have died in the penitentiary (or on his way to it?), and he seems to have recognized before his sentencing that this was likely to occur.
He was tried on 1 October 1822, and sentenced on 26 Oct 1822 to 8 years in the penitentiary, with the first 8 months of that time in solitary confinement with a bread and water diet. Recognizing his likely fate, shortly before his sentencing, William gave power of attorney to William Boyd, which was the name of both his son-in-law, and the son-in-law's father, who was a nearby neighbor of Newberry's.
Will:
When William wrote his will, he was likely was likely preparing for his sentence or had just been sentenced. Found on the same pages as the will in the Clerks office are land transactions conveying land to daughter Sarah (25 Acres) and son Levi (a tract).
Deed Book 10
Know all men by these present that I, William Newberry of the County of Franklin and State of Virginia, have ordained, nominated and appointed, and by these present do hereby nominate, constitute and appoint Samuel Saunders and William Boyd of the said County and State my true and lawful attornies in fact, for the purpose of selling and disposing of my estate goods and effects, real and personal on such terms and in such manner as they may think most conductive to my interest and to make deeds of conveyance therefore to the purchaser or purchasers, to demand and receive the entire proceeds of such sale or sales, to collect all debts that may be due me and grant receipts and acuittances for the same, and to apply the proceeds thereof when collected to the payment of all my just debts.
And my said attornies are hereby desired in the first place, to dispose of my personal property and if sufficient for that purpose to pay and satisfy all claims against me, and in that case my attornies will permit my son Thomas Newberry to live upon the land rent free, during the term of his life, but if the money arising from the sale of the personal estate shall not be sufficient to pay and satisfy all just claims agaisnt my, my attornies will dispose of the land, and apply the proceeds thereof to that purpose, and the balence if over, my attornies after my death will divide equally among my children.
If it shall not be necessary to dispose of my land for the purposes of paying my debts, my attornies will after my death dispose of the same, and divide the money arising from such sale equally among my children.
And I hereby give unto my said attorneys above named full, general and unlimited powers for the transaction of the matters and things above mentioned, and I do hereby ratify and confirm to all intents and purposes whatever they may do in the premises by virtue hereof, Witness my hand and seal this 26th day of October 1822.
William Newberry his mark X
Signed, Sealed and delivered in presence of Ro. T. Woods, Edmund Tate, Chris Clark.
At the Clerks Office of Franklin County the 31st day of October 1822.
This letter of Attorney from William Newberry to Samuel Saunders and William Boyd was proved by the oath of Robert T. Woods and Edmund Tate, two of the witnesses hereto and admitted to record.
Teste. Caleb Tate CFC
Died:
Beginning with the 1820 Land Tax List for Franklin County, William Newberry was accessed for 50 acres on "waters of the Pigg River". The 1824 Land Tax List is the first to identify William Newberry as deceased, suggesting he died between late spring of 1823 and late spring of 1824, while incarcerated.
William married Jane Worley on 8 Aug 1785 in Campbell County, Virginia, USA. Jane (daughter of John Worley (MAYBE - NO PROOF YET) and Dorothy) was born in 1765 in Buckingham County, Virginia, USA; died in 1812 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]
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1835 - 
Jane Worley was born in 1765 in Buckingham County, Virginia, USA (daughter of John Worley (MAYBE - NO PROOF YET) and Dorothy); died in 1812 in Franklin County, Virginia, USA. 
