| Title | Assult of Wyatt Dupree by Thomas Bilbo | |
| Source ID | S1716 | |
| Text | During this year I had to attend (1830) as a witness for the State against Thomas Bilbo, for an assault and battery, on the person of Wyatt Dupree his son-in-law, and which occured the year before at Bilbo's house, while I was engaged there teaching school. The causes of the affray were such that it was considered by the jury almost justifiable; and therefore imposed on the defendant a mere nominal fine of five dollars only. It may not be amiss to give here some of the circumstances of this trsigical scene, for certainly it was a scene of that character. Mr. Dupree had married Maj. Bilbo's second daughter, Jane, who at that time had borne him one child; and had lived on the Major's place for some time after their marriage; during which he had debauched the eldest datighter, Nancy, sister of his wife; and who had that year I829 given birth to a child. In the mean time Dupree had moved to Greene County, the neighboi^ hood of his father. When I first went there to take charge of my school. Miss Nancy was there in the family; but I could but notice, in her movements, and associations that something was wrong; and soon after was sent off to W. R. Bilbo, the Major's brother, who subsequently divulged the whole affair to me. Some little time after this, Dupree and his wife, paid the Major a visit, came there on Friday morning and it was supposed, intended to stay until after Sunday. Friday evening however, he went to W. R. Bilbos, I suppose to ascertain the true condition of affairs, came back, and Saturday morning went home, giving as an excuse, that he wished to attend chxirch at home on Sunday, as their pastor would preach there that day. Dupree was a member of the church, and I believe class leader. He did attend and withdrew from the church on that day, which he ought to have done long before this. Some time after this, Dupree, wife and child came down to the Majors and halloed at the ferry to get across. Major Bilbo's place was on a high, beautiful, elevated bluff and a ferry kept at the river, about one qucirter of a mile from his house; sufficiently near to hear the signal of persons wishing to cross over. The Major heard the signal, and through a negro he learned that it was Wyatt Dupree and family. He, accordingly, dispatched a negro man to ferry him over while he was making arrangements for his reception, which consisted in gathering together his fire arms, sword cane & c and placing them in one room where they would be hidden from the eye of Dupree, whom he invited into the other room. The house consisted of two rooms with a passage between. My school house was situated about one quarter of a mile from the residence at the south side of an old field which had not been cultivated for a long time, except a portion west of the path leading to the school house, but did not obstruct my view of the house; could discern plainly persons or objects moving about at the house, also the portion of the field in cultivation. On this particular morning, I saw Maj, Bilbo walking very hurriedly up the school path, crossed over the fence where he had several hands picking peas; very soon returned followed by two negro men, Ned and Ben. Jack was at the house and who had been sent to ferry over Dupree and family. Soon after this I heard the report of a gun, which from the sound appeared to be in the house. I asked his sons, Joseph and William "what that meant"?, they replied "they supposed father had shot a hawk". In a very short time I saw a little negro coming at full speed, crying out "Master had shot Mass Wyatt". This alarming news could but fill us all with consternation and not wishing to witness the scene, I did not go. Neither did William. Joseph went and directly another messenger from the Major himself, saying "dismiss school and come immediately", which I did. On arriving at the place, I was met by Mrs. Bilbo in the yard, perfectly frantic, ringing her hands and in deep distress. "WellV-says she, "we've had a battle" and commenced giving me the details, but remarked "go in and you will learn all about it". And so I did and such a scene I had never witnessed before. Dupree was tied haxd and fast, the cords binding his hands were passed around and under his legs; he seated in a low chair, his wife by his side, the lower part of one eair nearly cut off by a severe pxmch of the muzzle of an old double barrel shot gun; the blood running from his ear and Jo Bilbo standing by guarding him with a double shot gun. Outside of the hotise on a blanket, lay Ned, one of the negroes broi;ight from the pea field, shot through the chest with a load of buckshot, groaning and in a dying condition. Jo, the guard, remarked to me, "If he (Dupree)moved a step he would shoot him," I told him to put up his gim, I thought there had been shooting enoungh done. Dupree remarked "I am not going to move, I couldn't if I wanted to, and would not if I could". Previous to this as he told me afterwards, he had fears of their taking his life, but said after you got there those fears left me, and I never was more rejoiced to see you come. The Major commenced giving me in detail the circumstances of the case, when Dupree stopped him, and gave his accoimt of it. Prom both of whom, I learned the following facts. Dupree did not Intend Lo stop, but when he rode up to the gate, intending to leave his wife and child, and 70 change horses as he was going dorni the river to see Mr. Devise, a mill Wright, to get him to work on his father's mill. Maj. Bilbo met them and insisted so strongly on Dupree's stopping and going in that he, Dupree, finally yielded to his earnest solicitations, thinking it true friendship and respect, that prompted the manifested the anxiety on the part of the Major, So into the house they went, the Major leading the way with the child in his arms. \Jhen they entered the hoiise, they were conducted into the Major's room, chairs were placed for them, not far from the door, the Major stepped out and placed two negro men in the passage, one on each side of the door to catch Dupree if he should attempt to escape and to assist in confining him; whereupon the Major approached the door with a double shot gun cocked, and remarked, "now you rascal, if you move I will shoot you or blow yotir brains out." Dupree being very irritable and withall sprightly sprai^g at the door, and being left handed knocked the gun with his left hand which fired and emptied the whole load into the chest of poor Ned. And still pxirsuing and following up his attack, backed the Major across the passage into the door of the other room, which when he entered, and Dupree reaching after him with his left hand, his head tiimed to the right, the Majot gave him such a severe punch with the muzzle of the gun, which came in contact with his ear and that side of the head that it knocked him down, and so st^lnned him, as to lose the power of resistance any further, whereupon Bilbo and his negroes tied him and had him bound in the condition I fo\md him. I asked Maj. Bilbo what he intended to do with him. His reply was "I intended to tie him, take him back over the river, give him a hundred Icishes and send him home. Whereupon Dupree remarked "if you had it would have been the last one you would have ever troubled." And no doubt it would have been, for he was of fearless, courageous stock and would have resented such an insult at the peril of his life, or the life of the assailant. - The Sequel To This Tradegdy - Maj. Bilbo now wished for some one to go after the magistrate, Allen McLendon, Esq. and also wished Judge John Pairley. I volunteered ray services. Ned was not yet dead. In the evening I returned with the Squire and the Judge. The negro was now dead. Hence arrangements for a jury of inquest was now in order. The constable Mr. Tucker had come, unto whom the Major had delivered up the prisoner, and who had loosed the cords from 71his hands, hut had his arms tightly tied aroxmd his body. Squire McLendon asked for the charges against Dupree, and what he intended to do in the case. Bilbo replied the charge was mxirder, and he wished him prosecuted for killing the negro. And after hearing the testimony on both sides, and all the particulars, the Squire remarked I find no charge against this man and consequently shall releaise him, which he did. The next day an inquest was held and verdict rendered according to the facts. At the close of this inquest, a strong effort was made by friends and citizens to bring about a reconciliation between these parties, so as to drop any further legaJ. proceedings on the part of Dupree aginst Bilbo, for the investigation had brought out clearly that Bilbo instead of Dupree was the agressor; and that he had become liable to Dupree for damages besides subjected himself to a prosecution of assault and battery with an intent to kill. These influences were effectual on Dupree, who waived suit for damages; and promised he would not prosecute provided he was not forced to do so by the Solicitor and Grand Jury, which he was and the case was tried and verdict rendered ais before stated. There were four lawyers engaged in the case - Col. Morris (commonly called'Coon Morris) Col. Sterling for the State, and Col. Alsberry and Col. Damevon (Dameron) for the Defendant, all of whom acquitted themselves with credit for and against the allegations involved. Col. Alsberry's speech, as well as I now recollect, had a telling effect on the minds of the jury. Hence the light fine imposed. | |
| Linked to | Ellen Elizabeth Bilbo Jane Bilbo Joseph L Bilbo William Lawrance Bilbo ? Dupree Stirling Dupree Wyatt W Dupree Family: Wyatt W Dupree / Nancy Bilbo Family: Stirling Dupree / Abigail Parker | |
