| |
|
 |
|
 1759 -
-
| Name |
Zachariah Magness |
| Birth |
~ 1759 |
Prince George's County, Maryland  [1] |
|
|
| Gender |
Male |
| Person ID |
I32165 |
The Hennessee Family |
| Last Modified |
10 Jul 2014 |
| Father |
Peregrine Magness, Jr., b. ~1722, (Prince George's County, Maryland) d. ~1800, (Warren County, Kentucky) (Age ~ 78 years) |
| Mother |
Mary Naylor, b. 1725, Prince George's County, Maryland d. Aft 1800, (Prince George's County, Maryland) (Age > 76 years) |
| Marriage |
~1745 |
(Prince George's County, Maryland) [2, 3] |
| Family ID |
F1556 |
Group Sheet | Family Chart |
-
| Event Map |
|
 | Birth - ~ 1759 - Prince George's County, Maryland |
 |
|
-
| Notes |
- Zachariah Magness was probably born about 1759 in Prince George’s County, Maryland, and appears to be the son of Peregrine Magness and wife Mary.
More research needs to be done on Zachariah, but the records of Morgan District Superior Court of North Carolina reveals quite a bit. In 1789 Zachariah was convicted of raping Arabella Twity Magness, wife of his brother Joseph; She also accused Joseph of aiding and abetting the act. The papers of Morgan District Superior Court (in Bucked County?) show that on March 12, 1789, the sheriff of Rutherford County was commanded to seize 54 pounds and 9 shillings from the property of Zachariah Magness for debts and costs in the Morgan Superior Court of Law and Equity in that case expended whereof the said Zachariah Magmess is convicted and liable of record.
He was convicted, but his sentence has not been found at this time. In 1789, long prison terms were seldom given; the usual sentences were whipping, branding, or hanging.
Was Zachariah executed? or did he receive other punishment and move away? His name has not been found further in the North Carolina records.
No claim was made on the estate of his brother William Magness who died in 1816, so we assume that Zachariah had died without heirs by that time. [4]
- Arabella Magness and William Alexander:
30 Oct. 1787. Rutherford Co., N.C., Warrant to bring William Alexander before Jno. Riggs, Justice of the Peace, to any lawful officer of Rutherford Co. Arrabella Magness, wife to Joseph Magness, complains on oath that said Alexander on Saturday, Oct. 20, did with force "enter into her bed where she lay at the house of William Magnesses" and attempted "to commit a Rape on her," and would have "if it had not been for Zachariah Magness who came & Prevented his bad & wicked intention." Also said Alexander on Oct. 26th "did come into the house of William Magness's and in the dead time of the said night did then and there come into her bed when she was asleep...[and] contrary to her will did then and there Feloniously Ravish her the said Arrabella"
6 Nov. 1787. Rutherford Co. N.C. Jno. Riggs, Justice of the Peace, to the sheriff of gaol [jail] keeper of Morgan District. Riggs sends "the body of William Alexander, apprehended for forceably commiting a Rape on the body of Arrabella Magness the wife of Joseph Magness on friday night the 26 of October last... him safely keep in the gaol...without Bale...fail not."
14 Jan. 1788.Rutherford Co., N.C. George More, Justice of the Peace. William Graham is security for 100 pounds for Arrabella Magness wife of Joseph Magness to appear on 1 March in Superior Court of Law & Equity to prosecute William Alexander for rape.
Zachariah Magness
30 Oct. 1787.Rutherford Co., N.C. Jno. Riggs, Justice of the Peace, to any lawful Officer of said County, warrant to bring Zachariah Magness before him or some other J.P. Arrabella Magness, wife to Joseph Magness, complains that on Saturday, Oct. 20th "Zachariah Magness did come in a forceable manner into her bed where she was alying and did violently make and assault and with force did then and there endeavour to Ravish her the said Arrabella, the first time he came in said night, and afterwards in the said night, he did come again into her bed, and when she awoke, did find him the said Zachariah Magness upon her and carnally aknowing of her, contrary to her knowledge 7 will..."
16 Jan. 1788. Rutherford Co., N.C. Jno. Riggs, Jas. Whiteside, Wm. Grant,and Stephen Willis, all Justices of the Peace, to the sheriff of Rutherford County and to the Gaoler of Morgan Superior Court & Gaol, "send you the body of the said Zachary Magness... him safely keep within the walls of your prison until he shall be thence Discharged by due course of law..." [No mention of bail] He is "charged with Rape and Incest by the oath of Arrabella Magness..."
at January Court 1788. Rutherford Co., N.C. Zachariah Magness is indebted to the State of North Carolina 500 pounds; debt to be void if he makes his personal appearance on March 1 at Morgan Superior Court "to answer a charge of Rape...& not depart thence without leave"
his
Zach X Magness
mark [5]
|
-
| Sources |
- [S7891] Thomas G. Webb | DeKalb County, TN Historian | 835 South College Street, Smithville, TN 37166 | Abstracted from his, "Ma.
- [S4304] "The House of Magness", by John B. Cowden, 1876-1965, published 1956,, p. 7.
- [S14481] "Mary Magness (Naylor) (1725-aft 1800)", Profile, no sources, https://www.geni.com/people/Mary-Magness/60000000377456999.
- [S806] Thomas G. Webb | DeKalb County, TN Historian | 835 South College Street, Smithville, TN 37166 | Abstracted from his boo (Reliability: 3).
- [S47832] http://www.tngenweb.org/dekalb/fam_hist/appendix-to.htm.
|
|
|
|
