More than likely, he and his brothers were the Essex, James & William Capshaw listed as a Loyalists fighting at the Battle of Kings Mountain.

Source: Morgan District, North Carolina, Superior Court of Law & Equity; Misc. Records, Book III. Transcription of court proceedings against suspected Tories.

"State of North Carolina, Rutherford County. At a County Court of Pleas and Quarter Sessions began and held for said county on the Second Monday of July in the year of our Lord one thousand Seven Hundred and Eight two, before the Worshipfull William Gilbert, James Whitrow & Jonathon Hampton and Other Justices asigned & Duly Commd. With full Power and Authority and Jurisdiction to hold the Said Court and to hear try and determine all petit larceny assault batteries trespasses breaches of the peace and Other Misdemeanors of What Kind So ever of an inferior nature AND also duly Authorised and Impowered by an Act of Assembly in such case made & provided to hear try adjudge & Determine all Cases of Confiscated Property in the County aforesaid. The Jurors for the State on their Oath present & say that ...

• Essex Capshaw
• James Capshaw
• William Capshaw ...

all late of the County of Rutherford Planters, not reguarding the Duty of their Allegance to the said State & her laws of fearing the pains and penelties therein Contained on the first day of October in the year of Our Lord One thousand Seven Hundred & Eighty with force & Arms in the County aforesaid Wickedly & treacherously entending and Designing as for as in them lay to Overturn the present free Government of this State & reduce the inhabitants thereof Under the Power of the Army of Great Britain then & now at Open War with this State and the United States of America did then & there with force and Arms feloniously & treacherously Knowingly & Willfully did aid & assist the said King by Joining his Army Commanded by Major Ferguson and by bearing Arms in the Service of the said King Against the Good Government Peace and Dignity of this State, and the Jurors aforesaid on their Oath aforesaid do further Present & say that by their felony and treason by them respective in Manner & form aforesaid Committed have Severally forfeited their Goods & Chattles lands & tenements to the State according to a form of An Act of Assembly in Such Case made & provided A True Bill-

William Porter, foreman"

A true Copy of the inquisition found by the Grand Jury - certified by me

Felix Walker CC

A William Capshaw (most trees list him by this name) is in the 1800 Census for Rutherford,NC: 1 male under 10, 1 (?) between 10 and 16, 4 between 16 and 25, 1 male over 45 (probably himself); 2 females under 10, 3 between 10 and 16, 1 over 45 (probably his wife).

He's still there in 1810, with the following figures: 1 male between 16 and 25, 1 male over 45 (himself); 1 female between 10 and 16, 2 between 16 and 25, 1 between 25 and 45, and 1 over 45.

In the 1790 census, but he's in it with 4 males under 16, 1 over 16 (way over, probably, since that would be himself), and 4 females ages not specified (wife and first 3 daughters, almost certainly).

So there's *a* William Capshaw fairly well substantiated in Rutherford NC with a wife and family in the late 1700s-early 1800s.

There weren't any Tubbs in the neighborhood, though - they all hung out in Greenville, SC, so it is unlikely that daughter Rebecca m. a Tubb.

• Reference: FamilySearch Family Tree - SmartCopy: Sep 2 2019, 14:59:22 UTC