Murder Trial
On January 9, 1808, Samuel Hill “with malice aforethought did shoot and discharge . . . [a] gun . . . in and upon the left temple and neck of . . . Gawin Sommerson [also known as William Sommerson] one mortal wound of the depth of one inch and the breath of one inch of which . . . Gawin Sommerson instantly died.” The quotes are from the trial transcript of the Commonweath of Virginia vs. Samuel Hill.
The reason for the murder of Gawin Sommerson is unknown. We do know that Sommerson and Samuel had been quarreling for some time. On the night of the murder, Sommerson came to Samuel’s home and Samuel loaded a gun that he purchased for four dollars and shot him. Samuel’s son (presumably Henry) testified at the trial that Samuel killed Sommerson in defense of one of his slaves. Whether this is true or whether it was only a son’s attempt to save his father’s life we will never know.
During the trial a couple of jurors held out for a not guilty verdict. Finally, they give in for a promise that Samuel would be referred to the Governor of Virginia for clemency. The trail record contains letters from most of the jurors responding to the Governor on the issue of clemency. Ultimately, clemency was denied, and Samuel was hanged in Fredericksburg on August 8, 1808.
Samuel’s Will
Samuel writes in his will in May 1808 and amended by codicil the day before his execution “I recommend my Soul to the Great creator of the universe hoping and believing I shall receive mercy and forgiveness for my many sins and transgressions through the merits of my Blessed savior and redeemer Jesus Christ.”
Samuel divided his land (which apparently consisted of at least two farms) among his three sons – Henry, George and William. Other assets were divided among all of his children. A daughter, Anne Clarissa (known as Nancy,) is named and another daughter, Elizabeth, although not named by name, is inferred. William, my great-great grandfather who was three months old at the time of Samuel’s death, was also given a slave named Moses. Moses survived William. I have heard my grandfather talk many times of “old Mose Hill” the slave who came to Kentucky with his great grandmother Clarissa. Samuel’s estate consisted of thirteen slaves
Clarissa’s Migration West
Samuel’s estate was finally settled in October 1811. About 1815 Clarissa left Caroline County, Virginia for Fayette County, Kentucky with her children Henry (age 22), George (age 17), Anne Clarissa (age 14), Elizabeth (age 12) and William (age 7). She first shows up on the Fayette Co., Kentucky property tax rolls in 1818 and show up there until 1826. Three of her children, George, Nancy and Elizabeth were married in Fayette County during her say there and Henry married his first cousin in nearby Clark County. Henry’s wife was Elizabeth, the daughter of Clarissa’s brother John who settled in Clark County, Kentucky. The first year she shows up on the Henry County, Kentucky property tax rolls was 1828. That places the year of her move to Henry County as 1827 since property is valued for taxes on January 1 of each year. She never owned land in Fayette Co. or Henry County, however I have found records of Henry, George and Nancy owning 106 acres in Henry Co. and William owning 100 acres. Clarissa appears to have lived in Henry Co. much of her life with the exception of a period of time around 1840 when she appears to have visited her son Henry who had already migrated to Missouri. She died in Henry Co., Kentucky on April 17, 1847 and is buried in Smithfield, Henry County, Kentucky
The Sharp Lawsuits
Clara Hill moved to Clark County, Kentucky following her daughter, Elizabeth, who lived there after her marriage to John Sharp. Clara’s brother, John Holloway also lived in Clark County. Elizabeth Hill Sharp died about three to five weeks after the birth of her second child, Owen T. Sharp. Clara and Sally Sharp (probably Elizabeth’s sister-in-law) where with her when she died. Clara moved back to Fayette County after Elizabeth’s death where she stayed for several years before moving on the Henry County, Kentucky.
Samuel’s will left gave Clara a life interest in his entire estate. Upon her death the slaves were to go to Samuel’s children. Since his daughters, Nancy and Elizabeth, did not receive a share of the land, they were to receive a double share of the value of the slaves.
Upon Elizabeth’s death, John moved to Pendleton County, Kentucky and married Jennetta McClenachan. John and Jennetta had three sons and four daughters. John also had one illegitimate son, John Sharp, Jr., apparently after Elizabeth’s death and before his marriage to Jennetta.
In 1837 John gave Samuel Thomas Hauser of Falmouth, Kentucky his power of attorney for the purpose of suing William L. Hill and Clara in order to recover the value of the slaves that where willed to Elizabeth by her father. Henry, George and Nancy were apparently also defendants in the suit. The suit was instituted in Henry County, Kentucky Circuit Court. Plaintiffs included John Sharp and his two children Mary Jane and Owen T., both under twenty-one years of age.
According to a transcript of the record, John was afraid that Clara, who was about seventy-four at the time, was going to move to Missouri to live with her son Henry and take the slaves out of his reach. According to the transcript of the record “Clara, in company with her son Henry and son-in-law William Pickett is now about to remove the slaves to Missouri. Her sons George and Henry some time since removed and Henry is now in from Missouri with said William Pickett, are about to remove with Clara and take another portion of the slaves to Missouri. Clara, Henry and William have packed up and are ready to start in a day or two to Missouri.” The plaintiffs asked for an injunction against the move and for an accounting of all the estate of Samuel Hill. The court ultimately held for the plaintiffs and the verdict was appealed to Kentucky’s Court of Appeals (then the state’s highest court). The Court of Appeals upheld the verdict in the lower court.
John Sharp died in December 1846. His will, which was proven in February 1847, purported to leave his entire estate to Jennetta for life and after her death, to his children. At issue was whether this included whatever interest in the value of the slaves that were left to his first wife, Elizabeth. Owen T. and Mary Jane, John’s children by Elizabeth, along with Mary Jane’s husband, William Cummins, contested the will and were successful in having the will set aside.