This data is placed in a timetable order so that it may be followed easily.
Horatio B. Warbington, Sr. served as a Private during the "War of 1812" out of Jasper County, Georgia. He later married Margaret Henderson, daughter of Ichabod Henderson, on 2 May 1819 in Cahawba, Alabama Territory, in a area which later became Bibb County, Alabama.
"H. Worbington" heads a household in the 1830 Wilcox County, Alabama Census, where he is between 30 & 40 years of age. Margaret is between 20 & 30 years of age and their daughter, Nancy Ann, is between 5 & 10 years of age. Living with them is another white male in the same age catagory as Margaret.
Horatio B. Warbington, Sr. and his brother William B. Warbington, Sr. were found on an old voter list for Sumter County, Alabama for the years 1834-1861. No specific date given (had to have been between 1833-1837), the county was formed in 1832.
15 Mar 1837, Certif. #2402: "Horatio B. Worbington" of Sumpter Co., AL purchased the W½SW17/17-N1-W containing 80 acreslocated in Sumter Co., AL.
15 Mar 1837, Certif. #2403: "Horatio B. Worbington" of Sumpter Co., AL purchased the W½NE2/18-N2-Wcontaining 80 acreslocated in Sumter Co., AL.
In 1835, Horatio and brother William B. had purchased land in the newly opened Lauderdale County and settled there in the village of Marion, Mississippi.
1835 Lauderdale Tax Rolls: Horatio B. Warbington1 poll
1838 Lauderdale Tax Rolls: H .P. Warbington-1 poll;$4,000. merchandise sales;tax-11.62 1/2.
Horatio B. and Margaret Warbington sold to Pleasant Henderson, for the sum of $110.00, on September 8, 1838, the East half of the Northeast quarter of Section 13, Township 6, Range 16 East, 88.09 acres, in Lauderdale County, Mississippi. [Lauderdale County Deed Book A, page 117]
"State vs. Horatio B. Warbington - PerjuryMotion by Joseph Heyfron whose name is marked as the prosecutor on the indictment in said case to quash said indictment because said Heyron is not now and never has been the prosecutor in said case. Joseph Heyfron. Sustained. Nov. 1839."[Motion Docket Circuit Court, 1828-1841, Lauderdale County, Mississippi]
Horatio B. Warbington filed a petition on 25 Oct 1839 in the Chancery Court of Lauderdale Co., Mississippi seeking a divorce from his wife, Margaret, complaining that she "was possessed with the most ill & cruel disposition that perhaps ever prevaded a human being on earth, " and an adultress, leaving him many times throughout their marriage, "first in Alabama and after they came to Mississippi in 1835." He stated that after their daughter and only child married, Margaret left him six months prior and was allowed to take property and money to a total of about $1000.00; and, at that time she had "said she was going to spend her days in the future with a certain Mr. Shumack."
Margaret countersued Horatio, stating that "his alligations was false and untrue" and for a "further answer.....Horatio B. Warbington did on divers days and times commit the crime of Adultry since his marriage......and sometime in the year of 1837 commit adultry with a certain Negro slave for life named ELLEN..."Horatio answered in the Circuit Court, May 1840 Term that Margaret's claims were "false and untrue" and that he was ready to verify & prove as the Court may direct."
On 14 May 1840 a summons was issued to "Samuel Warbington, William B. Warbington, Bonbover Bails, Jesse Powell, Lucinda Powell, James A. Traywick, Jesse Rose & Carter Henderson to appear at the office of Epps R. Brown, Esq. in the town of Marion at 10 O'clock a.m. on the 15th day of May 1840.....to give evidence in a certain suit in Chancery now pending in the Circuit Court of said county in the case of Horatio B. Warbington against Margaret Warbington for a divorce..."
On 7 Nov 1840, "J. W. Cochran, Sheriff, by Wm. W. White D. Sheriff" delivered to Margaret Warbington a notice of the filing with the Court "depositions of Stephen S. Shumack, James Drew & Carter Henderson, material witnesses for complaintant." Probably the most damning evidence was given by Stephen S. Shumack when he stated"I have known her to commit adultry on 3 Nov 1840 (with myself) and at divers other times (with myself)." The phrase "with myself" was crossed out both times, but still very readable!Carter Henderson's deposition stated that he "sawa man on bed with the said Margaret on the 21 Nov 1840 and it was not the complaintant."
In Chancery Curcuit Court, November Term 1840, Horatio's divorce from Margaret was granted on 28 Nov 1840, signed by Judge Henry Mounger, 5th Judicial District.
Forty-five years old Horatio was newly divorced and located in Fayette County, Alabama for the 1840 census, with a new, young wife (between 15 & 20 years of age), living next to uncle William Warbington's farm and that of William's son, John M. Warbington.
5 Jan 1841, Certif. #1326: "Horatio B. Wabington of Lauderdale County, Mississippi" purchased from the Augusta Land Office the SW quarter of the NE quarter of Sec. 36, Twp. 7-N, Range 16-E located in the Choctaw Meridian of Lauderdale Co., MS containing 43.1 acres.
5 Jan 1841, Certif.# 1643: "Horatio B. Warbington of Lauderdale County, Mississippi" purchased from the Augusta Land Office the SE quarter of the SW quarter of Sec. 25, Twp. 7-N, Range 16-E in the Choctaw Meridian of Lauderdale Co., MS containing 42.87 acres.
5 Jan 1841, Certif.# 1682: "Horatio B. Warbington of Lauderdale County, Mississippi" purchased from the Augusta Land Office the E½ of the NE quarter of Sec. 36, Twp 7-N, Range 16-E, in the Choctaw Meridian of Lauderdale Co., MS containing86.21 acres.
5 Jan 1841, Certif.#2502: "Horatio B. Warbington, assignee of James T. Garrett," after "full payment made by James T. Garrett," purchased from the Augusta Land Office the E½ of the SE quarter of Sec. 34, Twp. 7-N, Range 16-E located in the Choctaw Meridian of Lauderdale Co., MS containing 80.96 acres.
5 Jan 1841, Certif.#4101: "Horatio B. Warbington of Lauderdale County, Mississippi" purchased from the Augusta Land Office the E½ of the NE quarter of Sec. 13, Twp. 6-N, Range 16-Elocated in the Choctaw Meridian of Lauderdale Co., MS containing 88.09 acres.
"Received of Samuel Warbington Executor of the Estate of Jacob Warbington Deceased, Three Hundred dollars to be deducted out of my interest of said Estate as one of the legatees thereof in the hands of said Warbington as one of the Executors of said Estate25th August 1848[signed] H. B. Warbington"
"Sixty-eight" (age in error) years old Horatio's farm (hh # 371-381, Twp. 6 Range 17) in the Southern District of Lauderdale County, Mississippi on October 26, 1850. Living in his home is sixty-eight years old "Abbigal Warbington" (b. SC). She is believed by this researcher to be the widow of William Warbington, and the mother of Ellender, because the Warbington's made it a common practice of marrying their first cousins, and it makes perfect sense for her to feel more comfortable living in her daughter's home.
The farm (hh # 206-201) of sixty-five years old Horatio and "thirty-seven" years old "Elender" (who cannot read or write)is located in Center Beat, P. O. Marion, Lauderdale County, Mississippi on June 30, 1860. Horatio has personal property valued at $550. Children in his home at this time are listed in this order: eighteen years old "Elender," eighteen years old William V., sixteen years old Lucinda A., twelve years old Missinia T., fourteen years old "Lavena," eleven years old Henry H., ten years old Samuel, eight years old Jacob, six years old Horatio, five years old Joseph C., and two months old Mathilda E. Also in his home is twenty-three years old Allen T. Pope (b. AL). Neighboring farms belong to James E. Waits, and John Waits, both Horatio's nephews.
Additional notes on Margaret Henderson Warbington and her second husband:
Margaret Warbington loaned $100.00 to Pleasant Henderson December 3, 1840. She later sued (joined by her second husband, Stephen S. Shumack) to recover an outstanding balance of $35.61 plus court cost adding up to $41.98. Proceeding continued through November Term 1841, Lauderdale County, Mississippi Circuit Court.
Their marriage licence, dated 17 Dec 1840, for"Margaret Warbington and Stephen S. Shewmack" is recorded in Lauderdale County Marriage Book A, page 28, Lauderdale County Courthouse, Meridian, Mississippi.
Margaret and her second husband, Stephen, fought a duel with three Fisher men. She shot first, cutting down one of their opponents. The next Fisher man missed her. It was now Stephen's turn to fire. He dropped his gun and ran. Enraged, Margaret grabbed up the discarded gun and fired at her cowardly husband. Thus disarmed, she was shot and killed by another of the Fisher men. She obviously did not kill Stephen, for he went on to continue his secret role as a member of the infamous "Copeland Gang."
Stephen S. Shumack/Schumack stated in his deposition of November 21, 1840, as a witness for the "complaintant [Horatio] in the divorce proceedings of Horatio B. Warbington vs Margaret (Henderson) Warbington, that he had (1) "known them both for two years,"that he believed they lived apart"in consequence of his cohabitating with his own negro women for I have often heard her tell him that she would leave him on that account" [struck out, substituted to read: "other women"] Also, that he had "known her to commit adultry on the 3rd of November with myself in fact at several times" [ struck out, substituted to read: "and at diverse other times"]
Recorded in Lauderdale County, Mississippi Deed Book D, pages 138-139, dated September 4, 1844, is the following abstraction: "George and Maria L. Wood to John Watts: the Southeast quarter of the Southwest quarter of Section 25, Township 7, Range 16 East, except one acre including the dwelling house recently occupied by S. S. Schumack." Stephen owned a brickyard there in Marion, in which he and his wife, Margaret, fought their duel with the three Fisher men.
Case # 103 The State of Mississippi vs Stephen S. Scheumake, Summons issued 16 June 1846: "To the Sheriff of Lauderdale County Greetings: We command you to summon Ebenezer Holden late of your county to be and to personally appear before the Honorable, the Circuit Court next, to be holden in the town of Marion on the Thursday after the 1st Monday of September next then and there to give evidence in a certain suit now pending, wherein the State is the plaintiff and Stephen S. Scheumake defendant, on the part of the defnt. Witness the Honorable A. B. Dawson, Judge of the 4th Judicial Circuit Court District of said State, the first Monday of March A. D. 1846. Given under by hand and seal of Office. Issued the 16th day of June 1846. Benj. F. Parke, Clerk Circuit Court Lauderdale County"
Lauderdale County, Mississippi Circuit Court Minutes - March Term 1851,#102. The State vs Stephen S. Scheumake, shooting with intent to kill: "This day came on to be heard a motion by defendants attorney to quash the indictment for defective record and for causes shown to the Court, which motion being heard and understood by the Court is sustained. It is therefore considered by the Court that the Defendant go hence without day and the State pay the costs."#103. The State vs Stephen S. Scheumake, shooting with intent to kill: This day came on to be heard a motion by defendants attorney to quash the indictment for causes shown to the Court, which motion being heard and understood by the Court is sustained. go hence without day and the State pay the costs."
He is reputed to have been a member of the James Copeland Gang, a notorious outlaw group who "began their reign of robbery, thievery and murder in 1839." Copeland was hung in New Augusta, Perry County, Alabama on October 30, 1857. (Members of the gang continued to operate around the town of Narkeeta, in Kemper County, Mississippi until as late as 1873.)Before his hanging, Copeland supposedly made a full confession of his crimes, and named a large number of the secret members of his gang. S. S. Shoemake (Scheumack, Shumate, etc.), then a resident of the town of DeKalb, in Kemper County was among Copeland's list of gang members.
Stephen was a skilled stonecutter and brickmason. He built the first stone and brick jail in DeKalb, designed and cut the native sandstone rocks for many of the graves in the old Dekalb cemetery, and constructed many of the old cemetery vaults there. The house in which he lived was still standing just to the north of the town of DeKalb in 1936.[Source: Kemper County - The Pioneer Days, pages 194-201]
Sixty years old Stephen was there in DeKalb Co. for the 1860 census with a seventeen wife, Mary and two young children. It's said that Stephen "left without publicity, but presumably he lost himself in Texas."