Note from Curator Pam Wilson: Jack Underwood and I am writing a book on the events that led to the Weaver-Hunter-Hampton massacre in Dec. 1864. If you have any information on these families and their history, please contact me. Also see our overview at https://www.geni.com/projects/Not-Very-Neighborly-the-1864-Political-Murders-in-Columbus-Polk-County-North-Carolina/31511.

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1870 census Polk County NC Township 1

1. 80, Township 1

• Weaver, Hulda 47 Farmer, managing farm $4000/1375
• Angeline 23 All born NC
• George 17
• Emma 14
• Linzey 10
• Willey 7
• Lue Jackson 18 B servant girl born SC

near #74

• John Weaver 21 Farmer $550/350
• Louisa Weaver 21 Keeping House
• Morgan A. 25 Asst housekeeper

Information from "The Cemeteries of Polk County, North Carolina": This cemetery is located on the west/north side of N.C. 1514, .6 mile from its intersection with N.C. 108, near Interstate 26. It is abandoned and nearly inaccessible. It is on a high bluff overlooking a sharp bend in Old Highway 19.

Buried here are graves for Francis A. Weaver (1818-1864), Mahulda Hannon Williams Weaver (1821-1892), and children Willie A. Weaver (b. Feb. 27, 1863, death date not legible), Matilda Lewisa Weaver (1855-1862).and daughter Sophie J. Hunter (1843-1888). There are several old field stones.

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Summons for Recovery of Money. Huldah Weaver, Admix of FA Weaver, against Columbus Mills. The State of North Carolina. To the sheriff of Cabarrus County: You are hereby commanded to summon Columbus Mills to appear before the Judge of the Superior Court for the County of Polk at the next time thereof to be held in Columbus on the 2nd Monday in March next, and answer a complaint....if he fails to answer the said complaint within the time the law required, Plaintiff will take judgement against

him for the sum of Ten thousand dollars with interest on the same from the 17 day of September 1869...and cost of suit....RS Abrams, Clerk of Superior Court, Polk County. 17 September 1869.

NC Polk County Superior Court Spring Term 1870. M.H. Weaver, Admx of F.A. Weaver, vs. Columbus Mills. Plaintiff complains and alleges:

I. That her husband FA Weaver, being a citizen of Polk County, died in December 1864 in said county and complainant, at Spring Term 1869, duly administered upon his estate in the Court of Probate of said county.

II. That on the 30th day of December 1864 or thereabouts , one Lee Grant and divers other persons, whose names are unknown to complainant, unlawfully and willfully killed her said husband F.A. Weaver, at and in said county.

III. That the defendant believes Mills was accessory to the said unlawful and willful killing, and aided, counseled and abetted the same and therein.

IV. Wherefore she demands judgement for ten thousand dollars, as damages for the injury she has sustained thereby.

V. And for further cause of complaint, the plaintiff ...alleges that on the 30th December 1864...her husband F.A. Weaver was unlawfully and willfully killed

VI. That said unlawful and willful killing was done and committed at the instance [insistence?] and by the advice, consent and counsel of the defendant Columbus Mills.

VII. Wherefore Plaintiff demands Judgement for the sum of ten thousand dollars, or such damages as are a fair and just compensation for the personal injury resulting from such death.

Signed M.H. Weaver, sworn before me this 4 day of Feb 1870. RS Abrams, Clk.

State of North Carolina, Polk County Superior Court, Spring Term 1870

Huldah Weaver Admx, Plaintiff VS Columbus Mills, Defendant

The defendant Columbus Mills address the complaint of the plaintiff in the above-stated case and says:

I. That the suit of plaintiff was not commenced in one year from the commission of the wrongful act complained of.

II. That the Amnesty Act of the General Assembly ratified 22 March 1866 protects the Defendant from the recovery of damages in this suit.

III. This defendant denies that he was accessory to the killing of FA Weaver, plaintiff's intestate, and denies positively that he aided or counseled or abetted the same or otherwise, that he does not know who killed the said FA Weaver nor does he know by whose order it was done.

IV. That the defendant heard that the plaintiff's intestate was shot in or about the 30th December 1864 as stated in complaint, but denies positively that the said killing was done at his instance or by his advice or counsel. That this defendant did not advise nor aid nor assist in any transaction that led to the death of said FA Weaver. That he took no part in the transaction in any way nor did he procure any step to be taken that led to the said Weaver's death in any way directly or indirectly. The history of the whole affair as this defendant understood it to be at the time was that a large number of lawless persons in the

Counties of Polk and Henderson had banded together for the purpose of solicing (?) and murder--that this gang had robbed a number of the peaceable citizens of Polk County by setting on them in the night time, had destroyed and carried off their property, abused their families, that the defendant among others had been set upon, his home robbed, his property carried off, and he himself freed (?) when he ___ to save his life. That it was believed that one Peyton Hunter and FA Weaver headed this band of lawless men. That they planned their raids and assisted in the execution of them-in consequence of this state of affairs the military authorities stationed in Ashville sent troops---home guards and others--into the county of Polk to suppress these outrages, restore order, protect the people and arrest the guilty parties. That a fight occurred between Hunter and his sons, and a part of the troops, in which Hunter was killed and Lent Lane (?) [crossed out: "who commanded the troops"] was very dangerously wounded. That the plaintiff's intestate was afterwards arrested by the troops, and as this heard was ordered by the officer in command of the troops to Ashville under guard. That a short distance from the town of Columbus, the guard shot and killed the plaintiff's intestate.

V. That this defendant does not know by whose order or by what authority this act was committed, nor had he any knowledge or intimation that any persons contemplated taking the life of said FA Weaver. That this defendant did not advise the arrest not did he advise or counsel or connive at his death. This defendant had remained in the town of Columbus engaged professionally with Lent Lane who had been dangerously wounded in the encountre with Hunter and whom he expected to die, and that he heard nothing among that time that led him to believe or suspect that anyone designed taking the life [of] plaintiff's intestate. This defendant having answered fully the allegations of the complaint asks to be discharged with his costs. Mr. Hoke, Atty. Sworn the 16th February 1870. Columbus Mills.

North Carolina, Rutherford County. Whereas there is a suit pending in Polk Superior Court in the name of Huldah Weaver, Admx. of FA Weaver['s estate], against Columbus Mills, claiming an amount of damages against said Mills, and whereas the said Mills has instituted a suit against said Huldah Weaver , Admx., for recovery of an amount due upon a certain note given by Govan Mills and FA Weaver to Columbus Mills as Adm of Geo. R. Mills, decd, and whereas the said Columbus Mills has also brought suit, which is now pending in Cabarrus Superior Court, against Huldah Weaver, Admx, claiming damages for the destruction of his property in the county of Polk. NOW in order to adjust and compression said several suits, the following terms are agreed upon: That the said Columbus Mills is to pay the said Huldah Weaver $150 and costs of the suit in Polk Superior Court, which said sum is received in full satisfaction of all claims or demands arising out of the trespass alledged [sic] in said cause certain (?) touching or relating to the death of F.A. Weaver and Mills agrees to dismiss his suit against said Huldah Weaver for the money of the note... and does hereby release the estate of said Weaver from all claim to the sum and he further agrees to dismiss the suit pending against Mrs. Weaver in Cabarrus Court at his own costs. It is further understood expressly between the parties to this agreement that the said sum of $150 is paid simply to _____(?) and against expensive litigation, the said Columbus Mills protesting that he is not guilty of the trespass alledged [sic] and owning that he is innocent of the same. 30 Sept 1870 Columbus Mills, WP Bynum for Hulda Weaver. J. Arledge (?) agent.

• Reference: Ancestry Genealogy - SmartCopy: Mar 10 2016, 5:26:43 UTC