The following account possibly explains why Abraham Musick, son of David, is not in the Census or Tax records after 1820. It also provides two names of their children, James and Samuel. We belive a second Abraham buried in the Musick cemetery is another son of Abraham and Sara, son of David. The Sarah Musick burried in the Musick Cemetery has "mother of seven children" on her marker. This is confirmed by the 1810 Census of Russell County. The reading will be most enjoyed with a ham sandwich. Enjoy.
A court called and held by the justices of Russell County at the courthouse the 1st day of January 1822, for the examination of Abraham Musick of Russell County Lebanon charged with feloniously stealing and taking and carrying away seven hogs the property of Samuel Bromley.
Present, James Dickenson, William Mask, James Browning, Samuel Gibson and John Colley gent justices.
The said Abraham Musick was brought into court in the custody of the keeper of the jail of Russell County, sundry witnesses were sworn and examined, but the examination not being finished for want of time on this day, is ordered that the same be continued till tomorrow, and thereupon the prisoner is remanded to jail. And this court is adjourned till morrow morning 9 o’clock. James Dickenson.
January 20, 1822 page 440
At a court convened and held by the justices of Russell county at the courthouse on the 2nd day of January 1822 for the examination of Abraham Musick of the county Lebanon, charged with feloniously stealing, taking and carrying away seven hogs the property of Samuel Bromley.
Present, James Dickenson, William Nash, Zachanical Fugate, Charles Correll, Samuel Gibson, James Browning and John Colley; Gentlemen Justices.
The prisoner Abraham Musick being again brought into the count and sundry other witnesses sworn and examined in the presence of the prisoner and he being heard in his defense, it is considered by the court that the said Abraham Musick for the felony aforesaid out to be tried in the Superior Court of Law for this county and thereupon is remanded to jail.
Samuel Bromley, William Roman, James McGlun, Joseph Gibbart, Andrew Caldwell, etc…… come into the court and acknowledge themselves to be indebted to Thomas M. Randolph Esquire Governor or Chief Magistrate of the Commonwealth of Virginia in the sum of one hundred dollars each, of their respective lands and tenants goods and chalets to be levied and the said Governor and his successors for the use of the Commonwealth to be rendered. Yet upon this condition that the said …. Shall severally make their personal appearance of the courthouse of this county before the judge of the superior court of law of this county on the first day of the next term then and there to give evidence as witnesses in behalf of the Commonwealth against Abraham Musick accused of hog stealing and shall not depart thence without the leave of the said judge, then their recognizance is to be void.
William Roman a witness for the Commonwealth deposed that two of the prisoners little sons came to the house of this witness for salt on Sunday the 23rd December 1821. Witness observed that the cloths of one of the sons of the prisoner was sprinkled with blood who was asked how his cloths became bloody? He replied that he had cut his finger. He said that it was not his finger it was his arm which was cut. He was asked to show his arm but refused. Witness began to suspect something wrong from this equivocation. Witness went immediately to the prisoners field, saw blood and hogs tracks and signs—heard a dog baying hogs on the other side of the field—went to the house—saw the prisoner’s sons throwing rocks at a hog which the dogs were baying—saw them knock the hog down and stick it, and drag it 60 or 70 yards before they discovered the witness. They then dropped the hog and came to the witness who said to them “you have killed a hog” they replied, yes; and that they had another hog in the gang. Witness said to them that the hogs were Samuel Bromley’s. They replied “we have one in the gang.” Witness said in just he would take the hog off—went past the hog—turned it over—noticed the mark, which is the mark of said Bromley, and is a smooth crop and an underbit off each ear. One of the little boys asked him if he could carry it; Witness said he could not without help.
How do you know the mark of Bromley? Ans: I have seen the hogs of Bromley and know his marks.
How do you know Brimley’s hogs? Ans: How does a man know any thing?
Did the boys tell you the hogs you saw them after were theirs? Ans: They said that the one they had knocked down was theirs, and that they had another in the gang.
Have you been at variance with the prisoner? Ans. I have had no difference with the prisoner except a little law suit, and witness feels no hostility to him.
Do you and he visit each other frequently? Ans: I have lately been in the house of the prisoner.
Did you not once order him out of your house? Ans. Yes. He misbehaved and I ordered him out of my house.
Do you borrow from and lend to each other? Ans. Yes. We are neighborly with each other.
Are you afraid to lend to the prisoner and do you think him honest? Ans: Yes—in the way of borrowing or lending. As to the other things I can’t say.
What is the general character of the prisoner? Ans. I never heard him charged with theft before. But the witness has understood that he is profligate.
Samuel Bromley another witness for the Commonwealth desponded that on Monday the 24th December 1821, William Roman gave the witness the information detailed in his foregoing testimony. Witness wentshortly afterward to a justice of the peace and procured a search warrant to search the house of the prisoner and a warrant to arrest him and two of his sons—went early on Christmas morning to the house of the prisoner—found the prisoner at home and the officer arrested him. His sons were not at home—witness and one of the company went after the prisoner’s eldest
January 2nd, 1822
son James Musick and found him at Benjamin Smith’s—saw him standing in the door as they advanced— James Musick slammed the door as soon as he saw the witnesses. Witnesses came up to the house and asked Mr. South to open the door, who did so. As soon as the door was opened James Musick ran up the chimney, and got on top the house—got a board and swore he would kill any one that approached him—nothing had been said to him before that by the witness or the person who accompanied him. Witness armed himself with a rock and told James Musick to lay down his board—witness climbed up to the room of the house –Wallace the person accompanied witness also climbed up to the roof at a different place. James Musick struck the witness with the board aforesaid—witness and Wallace seized him, he said he would lose his life before he would go with them—Wallace asked for strings to tie him. On being persuaded by Mrs. Bloomer he went with the witness to the house of the prisoner. Witness told the prisoner Abraham Musick that he wished to search his house. He replied, search and welcome—witness asked prisoner to show the head of the hog which William Roman [the other witness] saw his boys kill. One of the little boys ran and brought the head of a hog in the mark of the prisoner. Prisoner said that no hogs had been killed that fall or winter except three that he had killed and sold the skins to McClure?? And said at another timethat he had only taken three hog skins to McClure. On a search they found 13 middlings of skinned hogs hung up and in a trough, and these hogs skins closely hid and concealed in flan. Witness knows the skins to have been taken off his hogs. The three skins had not the ears on, but the witness know the skins of the flesh marks, as he had raised them. Witness uses the mark of his father. All the animals on his plantation that are marked by him are marked with the mark of his father, which is a smooth crop and underbit off each ear. The head of the hog which the little boy brought as before states as the hog which William Roman saw the boys of the prisoner kill was also the hog of the witness, but had belonged to the prisoner, and had been sold by the sheriff and purchased by the witnesses.
How did you know them hogs?
Ans: I bought the principal part of them at a sheriff’s sale sold as the property of Abraham Musick the prisoner and then I raised afterwards from those I then purchased.
When were the hogs sold?
Ans. At William Gibbens about a mile from the house of the witness.
Were the hogs there? Ans. No They were in my field.
How many biddens were present? Ans: At least 5 or 6 more, and the sheriff took the biddens to the field of the witness and showed them the hogsprevious to the sale. The hogs were knocked off to the witness’ bid at the place of sale which was at William Gibbants about a mile from witness’shouse. The two Mr Coldwells deputy sheriffs were present and one of them Andrew Coldwell went home with the witness after the sale and delivered the hogs to the witness.
Was the prisoner at home at the time of sale? Ans: No. He had absconded from the county. The sale was up wards of 12 months ago. Witness purchased 2 sows, 6 pigs and a small barrow. Witness has lost 7 hogs which he charges the prisoner and his family with stealing. One of the sows is one whose hide he has seen at Mr. McClures; the othersix were in first some of the pigs he purchased by the same sows since he purchased them in all seven hogs.
What is the general character of the prisoner Abraham Musick? Ans; Not a very good one.
James McClure deposed that some short time ago a lad who said he was the son of Abraham Musick the prisoner, brought to him for sale two hogs skins which he purchased; and he understood from the young man who works for him in the tan yard three other skins were purchased by him from some of Abraham Musick's sons, making in all five skins purchased at this witness’ tan yard.
Joseph Gilbort deposed, that he being in the security of the prisoner Abraham Musick in a forth coming bond, and after an execution had been put into the sheriff’s hands, this witness showed the sheriff a parcel of hogs the property of said Musick which were executed by the sheriff who directed Samuel Bromley now the prosecutor to put them up. This parcel of hogs about nine in number of which two or three were missing when the gang was executed, was afterward sold by the sheriff at the house of this witness some distance from Bromleys, and Bromley purchased them all—of this parcel when the hogs were executed were two sows and some Sheats. From the appearance of the hog skins mentioned by former witnesses, this witness believes that some of the hogs sold to Bromley as before stated were the same hogs off which said skins were taken—one skin resembling one of the sows and another a small barrow of the gang—but does not recollect certainly whether the borrow was executed with the rest.
Andrew Coldwell a witness for the Commonwealth being sworn deposed that about the 19th Sept 1820 as well as he recollects. This witness brother was a deputy sheriff had a sale at the home of Mr. Gibberts of several hogs then in the field of Samuel Bromley as heretofore detailed in said Bromley’s evidence and which had been executed
It was stated to the biddens by the sheriff that the hogs not being present at the place of sale could be shown at Bromleys—some of the biddens stated they know the hogs and it made no difference about seeing them then. The sheriff said he would deliver them; and this witness who was also a deputy sheriff delivered the parcel of hogs to Mr. Bromley who had bid them off. There were 9 or 11 hogs in all, which of the number this witness does not now recollect—amongst these were two old sows, but witness does not perfectly recollect their flesh marks—thinks that one of the sows was of a dirty white color.
Samuel Bromley again introduced—
By Commonwealth’s attorney—what is the value of the seven hogs you lost? Ans: Three of them whose skins witness found in the flan at prisoners were worth perhaps $10.50—the other four about $10.
Who assisted you in getting up the hogs when they were executed? Ans: James Coldwell, One of the sheriffs. The hogs used? The fields of witness at the time.
Do you know when these hogs were stolen? Ans: I do not, exceptfrom the information of others.
Henry Fuller was introduced as a witness for the Commonwealth.
Are you pretty well acquainted with the stock of the prisoner? Ans: I am and I think the prisoner had four hogs running in the woods—prisoner about a month since, with his sons had four hogs carrying by the witness’ house which he supposes to be the same four hogs—after prisoner had passed he spoke back to this witness inquiring if this witness know of any more hogs in the words of the prisoner’s? to which the witness replied, he know of no more then living.
What is the general character of the prisoner? Ans: he is generally suspected of not being right real honest.
John Bush a witness for prisoner being interrogated as to the general character of the prisoner, said his general character as far as he had heard is such as detailed by the last witnesses.Question by the prisoner’s council: Does this opinion of the county relate to his profligacy or to his dishonesty? Ans: To both.
Samuel Bromley further interrogated in behalf of the prosecution—Did the prisoner at the bar ever claim of your hogs you purchased at the sheriffs sale? Ans: Never. Tho we had frequently been in company together and witness had been twice at the prisoners house, at one of which times the prisoner was at home, and inquired of witness about the hogs—witness telling him where they were.
January 2nd, 1822 page 445
At a court called and held by the justices of Russell County at the courthouse the 2nd day of January 1822 for the examination of James Musick and Samuel Musick charged with feloniously stealing, taking and carrying away seven hogs the property of Samuel Bromley.
Present: James Dickenson, James Browning, William Nash, Samuel Gibson, and John Colley, gent. Justices.
The prisoner James Musick, being brought into court in the custody of the keeper of the jail of Russell County, and the said Samuel Musick appearing is discharged of his recognizance, sundry witnesses were sworn and examined in their presence, and they being heard in their evidence it is commended by the court that the said James Musick and the said Samuel Musick for the felony aforesaid ought to be tried in the Superior Court for this county and thereupon they are severally remanded to jail.
Samuel Bromley, William Roman, James McClure, Joseph Gilbert, ….come into court and acknowledge themselves to be indebted to Thomas M. Randolph Esquire Governor as Chief Magistrate of the Commonwealth of Virginia, in the sum of one hundred dollars each, of their respective lands…..
The evidence adduced on the trial of Abraham Musick was all heard in these cases; and the following additional witnesses were examined:
John Heilbert a witness for the Commonwealth deposed that after prisoners were arrested on Thursday the 27th of December, 1821 he was charged a short time with the custody of the prisoner James. That the witness told him it would have been generally better if he had been bound to some farmer or tradesman. The prisoner replied, Yes; and then he never would have been in this difficulty. He went on to say that if it had not been for his father and mother he never would have done so [this was as witnesses understood him, committed the larceny for which he had been apprehended]
William Roman a witness for the Commonwealth states that the prisoners were the two boys actively engaged in killing the hogs as stated in his testimony against Abraham Musick.
Samuel Bromley gave in evidence the same statements as in the case against Abraham Musick.
Hawks? Fuller deposed that the prisoner James on his way to jail confessed that he had killed the hogs and that he thought they belonged to Samuel Bromley. When asked by witness why he had done so, he replied that older persons were at the head of it—said prisoner went on to say that some persons had tried to get his (prisoner’s) head into the halter; but thank God, their heads were in as well as his own—when asked by the witness when he alluded to, he answered, older people than himself.
April 9th 1822 page 320-21
An indictment against Abraham Musick, James Musick, and Samuel Musick for larceny, a true bill;…… And then the said Grand Jury were adjourned till tomorrow morning 10 o’clock.
Abraham Musick, James Musick and Samuel Musick, late of the county of Russell, Lebanon, who stand indicted of Grand Larceny were led to the bar in custody of the keeper of the jail of the county being there of arraigned pleaded not guilty to the said indictment and the trial of the said Abraham being on his motion deferred till some other day of this term on account of the absence of one of his witnesses, came a jury to wit; Elijah Jackson, Hiram Jackson, William Elkins, Jehu Jones, Enoch Hoston, Robert Hoston, Samuel Taylor Jr., Rodden Adison, Joseph Boothe, William Sockhart, Claiborne Hicks and William Perry, who were elected, tried and sworn the truth of and upon the premises to speak between the Commonwealth and the said James and Samuel Musick, but not agreeing to their verdict it is ordered that the jury be kept ?toge? then by the sheriff till the court shall sit on tomorrow, so that they have no communication with any individual except in regard to their accommodation; that in going to the apartment that may be assigned for their reception they be immediately preceded by the high sheriff or one of his deputies and that he or one of them follow near and that they return into the court in the same order: and William Nash the high sheriff and James Harley one of his deputies were sworn to observe with fidelity these instructions of the court. And the said three prisoners are remanded to jail.
October 2nd, 1822
Abraham Musick, late of the county of Russell, Lebanon, who stands charged with feloniously breaking the jail of said county on the 27th day of May 1822, being then and there confined for Grand Larceny was brought into court in custody of the keeper of the jail of the said county; and thereupon sundry witnesses being sworn and examined as well on behalf of the Commonwealth as of the prisoner, it is considered by the court that the said Abraham Musick for the felony aforesaid in breaking the jail aforesaid out to be tried in the Superior Court of law for the county and he is remanded to jail.