Major John Hodges Drake

A LETTER WRITTEN BY DR. JOHN HODGES DRAKE to his SON-IN-LAW, Thomas Flewellen (1767-1859)

Nashville [N.C.] April 17th 1832

Dear Thomas,

I now sit down to write you a few lines to inform you of our good health, tho mercy. And to repeat in substance, what I wrote you not long since. In order to stimulate you if possible to the utmost activity in my affairs, viz. I informed you that I stood in great need of money, and, I might have added that I felt humiliated in consequence of it. That I wanted you to transmit with as little delay as possible, all the money you had in your hands for me, and that my situation requires than no indulgence for anything due me could be given.

The manner pointed out was, for you or some friend in whom you had confidence to go to Augusta and get checks on some solvent bank to the North, say on the State Bank of North Carolina or any of the Banks in this State for they are all good or the United States Bank or any of its branches to the North of you, New yourk would be best as all our business centers there.

You would of course be obliged to give a half per cent premium or the like, but that would be reimbursed again. And that the checks might be drawn for 4 – 2 or 1 hundred dollars each for the sake of convenience. They were to be made payable to me or my order only, and to be taken in duplicate form and one of them transmitted immediately and the other retained to guard against accident. And the reason assigned for all this trouble was that the Georgia money was not current here.

As I had some rather you would go to Augusta yourself, I propose that you take the state. You need only to be gone 3 or 4 days.

I pass on now to notice briefly and to acknowledge the receipt of your very affectionate letter of the 22nd of March last. It came in good time with "healing on its wings". We congratulate you and at the same time rejoice with unfeigned thanks to Almightily God for Maria's happy deliverance of a fine daughter on the 15th last[?] weighing ten pounds. Well may you describe it as "a mighty wonder of divine Providence" for no one acquainted with the circumstances could have calculated on it. Al things are however possible with God. And we are reminded of what John the Baptist told the Pharisees and Lawyers who attended him. "That God was able of these stones to raise up children unto Abraham". And again of Sarah of ___[?] was near an hundred when she had Isaac, according to Promise. And who know[?], But this dear little Babe may be destined [thro a train of means?] to contribute in some dkegree in laying the foundation of some great and flourishing Empire to the West, which for numbers may be compared to the sands on the sea shore. The almightly sees a far off, and appoints the bounds of tour hanitations. You say Maria always goes ten months, and were kwas she 10 months before the 15th of of March when all these cam to pass. Wh have counted it up and find that she was a Copusin Johnn persons' or pretended to be so, and your letter gining the alarm must have been written about or pretended to be so, and your letter giving the alarm must have been written about the same tie. But to be more serious, we started rom lhomw the 25th of May and got to your house the 1st day of June and tere is no di9sput about her being sick them.

You ask me what I think of the decision of the Supreme Court in the Missionary case. This is a grave question and requires much reflection. My opinion at present is that the Supreme Court will be obliged to pocket the insult and let the matter rest where it does. There is however a motley mixture of a few Clayites and others, all avowed enemies of old Hickory, who preach up the doctrine of unconditional submission. They are for raising an army at once to put you down. But this would get but very few volunteers here. I am a State rights man myself and think that in case of a dispute between a state and the general Government, whither a particular power has been granted or not, it can only be terminated by a convention of the States, or an amendment of the Constitution, by grantin the poer disputed. I therefore approve of the reasons assigned by Judge Baldwin the only disputing judge in the case. To say all in a few words I refer you the Virginia & Kentucky resolutions (so called) and T Jefferson's letter to Major Crrtwringt on the subject of states' rights.

My wife intended to say a few words, but I have left her no room hardly – my wife declines taking the pen and prefers my saying a few words for her. She says that Louisa Anne is the most suitable name for the child, as Louisa would wish the child named after her, she has not returned from Pitt yet. And that she rejoices for your fine daughter and hopes that Maria will recover from all her complaints. We expect the stage every minute and must conclude. Write often and we will try and do the same. Farewell. We remain as ever

Yours truly, J. H. Drake

An Obituary for John Hodges Drake in the Raleigh, North Carolina Standard, Feb. 22, 1860

  MAJOR JOHN HODGES DRAKE died in Auburn, Ala., on Sunday, 11th day of December, A. D. 1859, in the 93rd year of his age. 

The deceased retained his health and physical powers in an uncommon degree till December, 1858, when by a fall, he suffered great bodily injury, which for a considerable time powerfully afflicted him, and rendered him helpless for the residue of his life. In the long confinement which succeeded this accident, he was, however, occasionally blessed with a prospect of recovery which inspired his friends with a hope that he would llive to count his century of years; and it was not until a few weeks before his end that nature began to yield the struggle.
MAJOR DRAKE was born in Edgecombe (now Nash) County, N. C., Jan. 26, 1767.Although too young to take part in the war for Independence, he was reared in "the day that tried men's souls," and with the example before him of a father and of brothers who periled their lives in the cause, he imbibed as he grew that ardor of patriotism and love of justice which characterized the sentiments and conduct of his life. His memory constantly reverted to those times. The writer has often heard him recount many times, which, though local, were full of peril and interest. One incident, esspecially, of which he was an eye witness, seemed to warm his whole soul with fire. It was the attack on his father's house in 1781 by a Captain Beard and his band of Tories, briefly alluded to in Wheeler's History of North Carolina. The defence was made by his father, a brother,m and two neighbors, against a force more than treble their number. The assailants, after a fierce struggle, were routed and overwhelmed.
MAJOR DRAKE resided in his native County upwards of 75 years, and for more than 50 years was in the discharge of some honorable public trust. He was a member of the House of Commons from 1792-1796 inclusive, and in the Senate in the years 1800 and 1805. For more than 30 years he was Clerk of the Superior Court and performed also the duties of Clerk and Master of the Court of Equity. He was a Justice of the Peace from an early age, and in every employmenht he discharged its duties with integrity, firmness and capacity. Beginning his political career as a representative of the people so early as 1792, and ending it in 1805, he was, of course coeval with the stormy excitements of that interesting period of hisoty and necessarily partook of the feeling of the times; but on whatever side ranged in the mutations of party triumph, he always bore an honest and patriotic heart and a hand every ready to defend the flag of his country.
An Account by John Hodges Drake about a Childhood Experience During the Revolutionary War

From:Publications of the Southern History Association … By Southern History Association, 1900

A Nariative by John Hodges Drake: The following narrative relating to the struggle with the Tories in North Carolina comes to the Association from Mrs. P. H. Mell, of Auburn, Ala. The author was John Hodges Drake, a son of James Drake, in whose house the affair occurred. The son was at that time twelve years of age and a witness, although the narrative was not written until he became an old man. The same event, with some variations in details, is given in Wheeler's History of North Carolina, ii, pp. 274-275. It is believed that the following is the more accurate version. Mrs. Mell prefixes some notices of the family and a history of the manuscript: In colonial days, as early as 1604, 1710 and 1713, there were in Isle of Wight County, Va., near the Black Water River, the families of Thomas, William, John and £ Mrs. Jemima Drake. These families are said to be descended from the brothers of the English Admiral. Their descendants emigrated into North Carolina, and from there into other Southern States and westward. The family of Richard Drake lived in Isle of Wight County, Va., in 1713. His sons, Francis, Matthew, Edwin, Truston. Nathaniel, Richard William, all came to Nash county, N. C., settled in the same neighborhood and brought up families. — (Courier Journal.) James Drake, the hero of Wheeler's account, was the son of one of these brothers. He married the Widow Bridges, whose maiden name was Hodges. The Ben. Bridges mentioned in the narrative was her son by her first husband. Her brother, John Hodges, was an officer in the North Carolina Continental Line. The name John Hodges has come down in the family to the present day. Benjamin Bridges married and had children; one daughter married a Harrison; her son was named John Adams Harrison. Milbry Drake, mentioned in the narrative, married Mr. Whelis. Maj. John Hodges Drake, the writer of the narrative, remained in Nash county, and married Miss Frances Williams, daughter of Major John Williams, of Halifax county. He was a man of note in his day and served eight terms in the Legislature from Nash county. He had thirteen children and named each one of his sons John. There were John Hodges, John Nichols, John William Wallace, John Calvin, John George Franklin. Several of his daughters married and had large families; Joanna married John Arrington and removed to California; Maria married Thomas Flewellen, of Upson county, Ga. ; Caroline married Dr. Robert Williams, of Pitt county, N. C. ; Louisa married Major James F. White and removed to Auburn, Ala. Major John Hodges Drake died in Auburn, Ala., while on a visit to his daughter, atthe age of ninety-three, in 1859. One of his grandsons remembers standing by his deathbed; while watching him with all the awe of a child at such a scene, the old man said: "It is well, my son, for you to come and see an honest man die." His son, John Hodges Drake, became a physician; he served in the North Carolina Legislature several terms; afterwards removed to Auburn, Ala. He married Miss Polly Susan Williams, a niece of Dr. Robert Williams, of Pitt county, N. C. His son, also John Hodges Drake, is a physician in Auburn, Ala., and his son, the fourth John Hodges Drake, is a physician, who will soon settle in Texas. The history of the manuscript is as follows: When Wheeler was preparing a revised edition of his history, he wrote to Major J. H. Drake for a detailed account of the skirmish at his father's house, knowing that as a boy he was an eye witness of the event. Major Drake prepared this manuscript, but the revised edition was never published and the papers were placed in a concealed drawer in his large old-fashioned desk. This desk afterwards belonged to his son, Dr. J. H. Drake, of Auburn, Ala. The papers were never removed and perhaps never examined. His widow, Mrs. Polly Susan Williams Drake, died last fall, 1898; she lived to be almost ninety years of age. Her son, Dr. J. H. Drake, of Auburn, the grandson of the original writer, while examining his mother's papers after her death, found this manuscript in this concealed drawer; he thinks that the drawer had probably not been opened in forty years.

In the year 1781 Lord Cornwallis passed with his army, 10 or 20,000, from Wilmington to Halifax in North Carolina, and crossed Tar river at Lemon's Ferry and took up camp for ten days at Colonel Hunter's at Stony Creek bridge in Nash Co. The army plundered the Whigs, of their property, but was joined by the Tories. The Whigs found it necessary to conceal their goods and valuables, and as there was no opposing army, they lay out, etc. James Drake, Sr., 54 years old, and wife, Brittain Drake, 25 years old, Nancy Drake and Milbry Drake, Silas, John Hodges, 12 years old, and Benjamin Drake. This family with Mr. Mann's camped together and Brittain Drake and Augustus Mann and Denton Mann reconnoitered and brought news from day to day to the camp of Cornwallis' army. On the 10th or nth of May, Cornwallis broke up his camp and marched on to Halifax. On receiving this information the two Whig families went home and supposed all danger from the British army had passed.

Captain Robert Beard, who had been a lieutenant in the Continental army in Virginia, but was cashiered for rude behavior to a lady and whose father lived in Anson Co., passed frequently from Virginia to his father's and made many acquaintances on the route. He was introduced into Mr. Drake's family by Mr. Avent and knew all the Whigs in that section. He was frequently in the family and had addressed Milbry but his character was ascertained not to be good and he was forbidden to visit the family by her brother, Brittain, which was the cause of enmity between those two. In the meantime the Governor had issued a proclamation for his arrest which made him an outlaw. He was resolute and bold and fine-looking.

While Cornwallis camped at Colonel Hunter's, Beard with a number of Tories went to him and received his protection. Beard however received a captaincy from Cornwallis and had enlisted a number of Tories (20). He was commissioned to enlist Tories and a reward of 10 guineas was to be given him for each Whig that he might take to Cornwallis. Beard, with his band, marched from Hunter's Hill up into Franklin County, within six miles of Colonel Seawell's camp and was returning to Halifax by Mr. James Drake's, in Nash, with some 15 or 20 Whigs, which he had taken prisoners. His hatred for Brittain Drake and love for Milbry made him anxious to take Mr. Drake's family. After crossing the creek at the ford 250 yards from Mr. Drake's house with his company, he rode up to the house and ordered a surrender. It was of course a surprise as they knew Cornwallis' army had left. At the time they rode up to the bars, Brittain Drake was sleeping on the bed. Mr. Drake went to the door and Captain Beard ordered him to surrender. He turned into the house, waked up his son Brittain, put a gun in his hand and told him what the order was. Brittain ran round the house 'to the chimney and just .as Captain Beard and Lieutenant Ross leaped the bars with their horses he fired on them.His bullet passed through Beard's clothes, without further injury; immediately after Brittain's gun fired, the whole Tory band fired, but did not hit him. Brittain returned into the house for his sword; Beard and Ross rode round to the door; Brittain when he got his sword discovered Bob Pilot and a Mr. Massengill up the chimney; they had come to mill and on the first alarm took to the chimney. . He ordered them to come down and defend themselves or he would run them through. Mr. James Drake was at the door with his gun, snapping at Beard, who was still ordering him to surrender. Pilot and Massengill had come down from the chimney and the old man after snapping three times, turned to go into his house to get his powder horn ; just as he turned into the house, Ross fired at him. One shot struck Pilot in the abdomen and another struck Massengill in the nose. They both holloaed that they were dead and fell together on the floor. Brittain jumped out of the door with his sword and attacked Ross, who had just fired at his father. Ross clubbed his gun and kept him off, retreating; seeing he could not get at him with his sword and hearing a scuffle in the house, he ran back into the house and found Beard and his father engaged. His father was loading his gun when Beard entered and had no time to use it before Beard cut him five severe wounds on the head; he at length clinched him and had got the hilt of Beard's sword in his hand when Brittain entered. They were so engaged that Brittain could not strike Beard without fear of striking his father. He at length got an opportunity and struck Beard on the head, but his arm being disabled with a blow from Ross' gun, it struck flat and glanced into Beard's shoulder ; the second lick it broke into three pieces. He then saw no chance to defend themselves; — the two men lay on the floor apparently dead; his father badly wounded and his own right arm disabled; he told Beard he would surrender. His father, however, refused to do so to the last, but was wounded so as to be unable to offer resistance. Upon this, their attention was given to dressing the wounds of the old man and Brittain on going out found among the prisoners several of his neighbors and acquaintances, among them Bob Hill, John Hough and several others.

Brittain Drake was captain of a Light Horse company in Nash and had frequently taken and carried back to our army the deserters ; amongst the Tories in Beard's company was Ben Braswell, one of the deserters from our army, whom Brittain had frequently carried back; on seeing him he remarked that his gun was a much better one than he used to go after him with and asked him to let him inspect it. This he readily did and Brittain at once conceived the idea of escape. Beard and his men had taken possession of the house and were feasting, etc., and to give Brittain time to mature his plan of escape, he proposed furnishing them with a jug of 17-year-old brandy, which he gave them. Brittain was allowed to converse with the other prisoners to whom he commended his plan which was as follows :

Beard and Ross were in the house, where were the old man and his two daughters, Nancy and Milbry. Brittain was to get possession of one of the Tories' guns and his shooting one of them down was to be the signal for Nancy to shoot down Beard with a pistol, which she had concealed in her pocket for that purpose. Brittain on discharging his gun was to liberate one of the prisoners, seize the gun of the man he had slain, or club the one he had discharged and in this manner continue to liberate the prisoners and fire upon the Tories. This plan was to commence at the moment of preparation to start ; each of the prisoners pledged themselves on being liberated to engage with the Tories, man to man. This of course was a hazardous business, but it was to be attempted in case no further aid arrived before Beard started with them to Halifax. When Beard's company first approached the house, Ben.Bridges and Nathaniel Nichols were there, both good Whigs, but supposing no resistance would be made against such odds they had made their escape and Brittain knowing they had escaped, hoped they would collect the neighbors and come to his aid. This was of course uncertain and his other plan was all arranged. The old man Drake still refused to go, but Beard told him he must go ; to cause delay the old man told him if he must go, he wanted to send to his neighbor, Bass, to borrow his new saddle as he could not think of going to see Lord Cornwallis with his old saddle. The saddle at length came, the family had packed up their clothes and all was in readiness to start; the horses had been brought out and no aid having come Brittain was out among the Tories manoeuvering to get a gun to give the signal and effect their deliverance or die in the attempt as each had pledged. Just at this crisis, Swan Tranton with 70 men men came in view. He had been sent in pursuit of Beard by Colonel Seawell. Tranton's Light Horse crossed the rocky ford and Beard's sentry fired his gun and ran in as the Light Horse entered the lane. Beard's company of Tories commenced their flight ; they made their way through a field and through a lot with a high fence; the Light Horse fired upon them and pursued them, passing through the yard and unfortunately through the barn into the lot where they were stopped by the fence. Brittain holloaed at them to turn back and take around the fence, which they did, but the delay gave the Tories time to get out of shot and make their way to the creek, which they crossed and were secure from further pursuit as the opposite side was mountainous and impassable for the Light Horse. Bridges and Nichols, who have before been mentioned, stationed themselves on these hills in view of the house, and Captain Beard happened to cross the creek near them and was passing them when Bridges ordered him to stop. He, however, did not stop and Bridges not wishing to kill him,fired on him, intending to wound him; his gun, however, missed him and Beard immediately advanced to him with his drawn sword. Bridges clubbed his musket and knocked him down; Bridges then told the Light Horse that they had secured Beard and went up the creek some three hundred yards to show the Light Horse company a ford. When they came again where Beard was he was sitting up, but was badly wounded by Bridges' gun and the wound on the shoulder from Brittain's sword in the first encounter. Tranton gave Beard in charge of Bridges, who was to keep him until morning and the company went back to the house. Beard's company had left all their horses and baggage which Tranton took into possession. They camped there that night and started next morning for Colonel Seawell's camp, a messenger having before been dispatched to carry the news. Colonel Seawell and his staff had left their camp to meet Tranton and met them some seven miles from camp in Franklin Co. Beard's wounds made it necessary for a man to ride behind him to hold him on his horse. Colonel Seawell, a good Whig, was much enraged at hearing of Beard's depredations and on riding up to him said, "G— d d — n you, prepare yourself for eternity for you shall not live five minutes." There happened to be a tree with a limb growing off, just where they stopped and on this limb Seawell ordered him to be hung; the rope was tied and the horse driven off, leaving him suspended until he was dead. He was buried at the foot of the tree and the spot is known to this day by neighbors. Only one other of the Tories was taken; he was a man by the name of Porch, who was taken some two miles down the creek by the shrewdness of an old negro by the name of Simon, belonging to Mr. Mann. Simon had a wife at Drake's and knew of the difficulty. Porch met him on his way and asked him where he could cross the creek. Simon knowing him to be a Tory and one of Beard's men, underpretence of taking him to his flat to set him across, carried him by his master's house and he was made a prisoner by his master's sons, Augustus and Denton. They came up to Nutbush where he was tried by court martial and hanged. After peace was declared the officers and soldiers located their land warrants in Tennessee. Capt. Ford, a revolutionary soldier, was travelling in Tennessee for the purpose of locating his land claim and got in company with an old Indian chief who had also fought many battles. They smoked the pipe and each told their war scenes and exploits. Among other incidents Capt. Ford told him of Beard's defeat and of the fight at James Drake's house. After their talk the Indian handed Capt. Ford his pipe, which was in the shape of an Indian squaw beautifully executed, and said to him, "Here give this pipe to old Jimmy Drake and tell him an Indian sent it to him because he was a brave man and a good Whig." Capt. Ford presented the pipe as instructed to do and it remained in the family for many years and was esteemed as the greatest reward which was received for all his scars.

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An Account by John Hodges Drake about a Childhood Experience During the Revolutionary War

From:Publications of the Southern History Association … By Southern History Association, 1900

A Nariative by John Hodges Drake: The following narrative relating to the struggle with the Tories in North Carolina comes to the Association from Mrs. P. H. Mell, of Auburn, Ala. The author was John Hodges Drake, a son of James Drake, in whose house the affair occurred. The son was at that time twelve years of age and a witness, although the narrative was not written until he became an old man. The same event, with some variations in details, is given in Wheeler's History of North Carolina, ii, pp. 274-275. It is believed that the following is the more accurate version. Mrs. Mell prefixes some notices of the family and a history of the manuscript: In colonial days, as early as 1604, 1710 and 1713, there were in Isle of Wight County, Va., near the Black Water River, the families of Thomas, William, John and £ Mrs. Jemima Drake. These families are said to be descended from the brothers of the English Admiral. Their descendants emigrated into North Carolina, and from there into other Southern States and westward. The family of Richard Drake lived in Isle of Wight County, Va., in 1713. His sons, Francis, Matthew, Edwin, Truston. Nathaniel, Richard William, all came to Nash county, N. C., settled in the same neighborhood and brought up families. — (Courier Journal.) James Drake, the hero of Wheeler's account, was the son of one of these brothers. He married the Widow Bridges, whose maiden name was Hodges. The Ben. Bridges mentioned in the narrative was her son by her first husband. Her brother, John Hodges, was an officer in the North Carolina Continental Line. The name John Hodges has come down in the family to the present day. Benjamin Bridges married and had children; one daughter married a Harrison; her son was named John Adams Harrison. Milbry Drake, mentioned in the narrative, married Mr. Whelis. Maj. John Hodges Drake, the writer of the narrative, remained in Nash county, and married Miss Frances Williams, daughter of Major John Williams, of Halifax county. He was a man of note in his day and served eight terms in the Legislature from Nash county. He had thirteen children and named each one of his sons John. There were John Hodges, John Nichols, John William Wallace, John Calvin, John George Franklin. Several of his daughters married and had large families; Joanna married John Arrington and removed to California; Maria married Thomas Flewellen, of Upson county, Ga. ; Caroline married Dr. Robert Williams, of Pitt county, N. C. ; Louisa married Major James F. White and removed to Auburn, Ala. Major John Hodges Drake died in Auburn, Ala., while on a visit to his daughter, atthe age of ninety-three, in 1859. One of his grandsons remembers standing by his deathbed; while watching him with all the awe of a child at such a scene, the old man said: "It is well, my son, for you to come and see an honest man die." His son, John Hodges Drake, became a physician; he served in the North Carolina Legislature several terms; afterwards removed to Auburn, Ala. He married Miss Polly Susan Williams, a niece of Dr. Robert Williams, of Pitt county, N. C. His son, also John Hodges Drake, is a physician in Auburn, Ala., and his son, the fourth John Hodges Drake, is a physician, who will soon settle in Texas. The history of the manuscript is as follows: When Wheeler was preparing a revised edition of his history, he wrote to Major J. H. Drake for a detailed account of the skirmish at his father's house, knowing that as a boy he was an eye witness of the event. Major Drake prepared this manuscript, but the revised edition was never published and the papers were placed in a concealed drawer in his large old-fashioned desk. This desk afterwards belonged to his son, Dr. J. H. Drake, of Auburn, Ala. The papers were never removed and perhaps never examined. His widow, Mrs. Polly Susan Williams Drake, died last fall, 1898; she lived to be almost ninety years of age. Her son, Dr. J. H. Drake, of Auburn, the grandson of the original writer, while examining his mother's papers after her death, found this manuscript in this concealed drawer; he thinks that the drawer had probably not been opened in forty years.

In the year 1781 Lord Cornwallis passed with his army, 10 or 20,000, from Wilmington to Halifax in North Carolina, and crossed Tar river at Lemon's Ferry and took up camp for ten days at Colonel Hunter's at Stony Creek bridge in Nash Co. The army plundered the Whigs, of their property, but was joined by the Tories. The Whigs found it necessary to conceal their goods and valuables, and as there was no opposing army, they lay out, etc. James Drake, Sr., 54 years old, and wife, Brittain Drake, 25 years old, Nancy Drake and Milbry Drake, Silas, John Hodges, 12 years old, and Benjamin Drake. This family with Mr. Mann's camped together and Brittain Drake and Augustus Mann and Denton Mann reconnoitered and brought news from day to day to the camp of Cornwallis' army. On the 10th or nth of May, Cornwallis broke up his camp and marched on to Halifax. On receiving this information the two Whig families went home and supposed all danger from the British army had passed.

Captain Robert Beard, who had been a lieutenant in the Continental army in Virginia, but was cashiered for rude behavior to a lady and whose father lived in Anson Co., passed frequently from Virginia to his father's and made many acquaintances on the route. He was introduced into Mr. Drake's family by Mr. Avent and knew all the Whigs in that section. He was frequently in the family and had addressed Milbry but his character was ascertained not to be good and he was forbidden to visit the family by her brother, Brittain, which was the cause of enmity between those two. In the meantime the Governor had issued a proclamation for his arrest which made him an outlaw. He was resolute and bold and fine-looking.

While Cornwallis camped at Colonel Hunter's, Beard with a number of Tories went to him and received his protection. Beard however received a captaincy from Cornwallis and had enlisted a number of Tories (20). He was commissioned to enlist Tories and a reward of 10 guineas was to be given him for each Whig that he might take to Cornwallis. Beard, with his band, marched from Hunter's Hill up into Franklin County, within six miles of Colonel Seawell's camp and was returning to Halifax by Mr. James Drake's, in Nash, with some 15 or 20 Whigs, which he had taken prisoners. His hatred for Brittain Drake and love for Milbry made him anxious to take Mr. Drake's family. After crossing the creek at the ford 250 yards from Mr. Drake's house with his company, he rode up to the house and ordered a surrender. It was of course a surprise as they knew Cornwallis' army had left. At the time they rode up to the bars, Brittain Drake was sleeping on the bed. Mr. Drake went to the door and Captain Beard ordered him to surrender. He turned into the house, waked up his son Brittain, put a gun in his hand and told him what the order was. Brittain ran round the house 'to the chimney and just .as Captain Beard and Lieutenant Ross leaped the bars with their horses he fired on them.His bullet passed through Beard's clothes, without further injury; immediately after Brittain's gun fired, the whole Tory band fired, but did not hit him. Brittain returned into the house for his sword; Beard and Ross rode round to the door; Brittain when he got his sword discovered Bob Pilot and a Mr. Massengill up the chimney; they had come to mill and on the first alarm took to the chimney. . He ordered them to come down and defend themselves or he would run them through. Mr. James Drake was at the door with his gun, snapping at Beard, who was still ordering him to surrender. Pilot and Massengill had come down from the chimney and the old man after snapping three times, turned to go into his house to get his powder horn ; just as he turned into the house, Ross fired at him. One shot struck Pilot in the abdomen and another struck Massengill in the nose. They both holloaed that they were dead and fell together on the floor. Brittain jumped out of the door with his sword and attacked Ross, who had just fired at his father. Ross clubbed his gun and kept him off, retreating; seeing he could not get at him with his sword and hearing a scuffle in the house, he ran back into the house and found Beard and his father engaged. His father was loading his gun when Beard entered and had no time to use it before Beard cut him five severe wounds on the head; he at length clinched him and had got the hilt of Beard's sword in his hand when Brittain entered. They were so engaged that Brittain could not strike Beard without fear of striking his father. He at length got an opportunity and struck Beard on the head, but his arm being disabled with a blow from Ross' gun, it struck flat and glanced into Beard's shoulder ; the second lick it broke into three pieces. He then saw no chance to defend themselves; — the two men lay on the floor apparently dead; his father badly wounded and his own right arm disabled; he told Beard he would surrender. His father, however, refused to do so to the last, but was wounded so as to be unable to offer resistance. Upon this, their attention was given to dressing the wounds of the old man and Brittain on going out found among the prisoners several of his neighbors and acquaintances, among them Bob Hill, John Hough and several others.

Brittain Drake was captain of a Light Horse company in Nash and had frequently taken and carried back to our army the deserters ; amongst the Tories in Beard's company was Ben Braswell, one of the deserters from our army, whom Brittain had frequently carried back; on seeing him he remarked that his gun was a much better one than he used to go after him with and asked him to let him inspect it. This he readily did and Brittain at once conceived the idea of escape. Beard and his men had taken possession of the house and were feasting, etc., and to give Brittain time to mature his plan of escape, he proposed furnishing them with a jug of 17-year-old brandy, which he gave them. Brittain was allowed to converse with the other prisoners to whom he commended his plan which was as follows :

Beard and Ross were in the house, where were the old man and his two daughters, Nancy and Milbry. Brittain was to get possession of one of the Tories' guns and his shooting one of them down was to be the signal for Nancy to shoot down Beard with a pistol, which she had concealed in her pocket for that purpose. Brittain on discharging his gun was to liberate one of the prisoners, seize the gun of the man he had slain, or club the one he had discharged and in this manner continue to liberate the prisoners and fire upon the Tories. This plan was to commence at the moment of preparation to start ; each of the prisoners pledged themselves on being liberated to engage with the Tories, man to man. This of course was a hazardous business, but it was to be attempted in case no further aid arrived before Beard started with them to Halifax. When Beard's company first approached the house, Ben.Bridges and Nathaniel Nichols were there, both good Whigs, but supposing no resistance would be made against such odds they had made their escape and Brittain knowing they had escaped, hoped they would collect the neighbors and come to his aid. This was of course uncertain and his other plan was all arranged. The old man Drake still refused to go, but Beard told him he must go ; to cause delay the old man told him if he must go, he wanted to send to his neighbor, Bass, to borrow his new saddle as he could not think of going to see Lord Cornwallis with his old saddle. The saddle at length came, the family had packed up their clothes and all was in readiness to start; the horses had been brought out and no aid having come Brittain was out among the Tories manoeuvering to get a gun to give the signal and effect their deliverance or die in the attempt as each had pledged. Just at this crisis, Swan Tranton with 70 men men came in view. He had been sent in pursuit of Beard by Colonel Seawell. Tranton's Light Horse crossed the rocky ford and Beard's sentry fired his gun and ran in as the Light Horse entered the lane. Beard's company of Tories commenced their flight ; they made their way through a field and through a lot with a high fence; the Light Horse fired upon them and pursued them, passing through the yard and unfortunately through the barn into the lot where they were stopped by the fence. Brittain holloaed at them to turn back and take around the fence, which they did, but the delay gave the Tories time to get out of shot and make their way to the creek, which they crossed and were secure from further pursuit as the opposite side was mountainous and impassable for the Light Horse. Bridges and Nichols, who have before been mentioned, stationed themselves on these hills in view of the house, and Captain Beard happened to cross the creek near them and was passing them when Bridges ordered him to stop. He, however, did not stop and Bridges not wishing to kill him,fired on him, intending to wound him; his gun, however, missed him and Beard immediately advanced to him with his drawn sword. Bridges clubbed his musket and knocked him down; Bridges then told the Light Horse that they had secured Beard and went up the creek some three hundred yards to show the Light Horse company a ford. When they came again where Beard was he was sitting up, but was badly wounded by Bridges' gun and the wound on the shoulder from Brittain's sword in the first encounter. Tranton gave Beard in charge of Bridges, who was to keep him until morning and the company went back to the house. Beard's company had left all their horses and baggage which Tranton took into possession. They camped there that night and started next morning for Colonel Seawell's camp, a messenger having before been dispatched to carry the news. Colonel Seawell and his staff had left their camp to meet Tranton and met them some seven miles from camp in Franklin Co. Beard's wounds made it necessary for a man to ride behind him to hold him on his horse. Colonel Seawell, a good Whig, was much enraged at hearing of Beard's depredations and on riding up to him said, "G— d d — n you, prepare yourself for eternity for you shall not live five minutes." There happened to be a tree with a limb growing off, just where they stopped and on this limb Seawell ordered him to be hung; the rope was tied and the horse driven off, leaving him suspended until he was dead. He was buried at the foot of the tree and the spot is known to this day by neighbors. Only one other of the Tories was taken; he was a man by the name of Porch, who was taken some two miles down the creek by the shrewdness of an old negro by the name of Simon, belonging to Mr. Mann. Simon had a wife at Drake's and knew of the difficulty. Porch met him on his way and asked him where he could cross the creek. Simon knowing him to be a Tory and one of Beard's men, underpretence of taking him to his flat to set him across, carried him by his master's house and he was made a prisoner by his master's sons, Augustus and Denton. They came up to Nutbush where he was tried by court martial and hanged. After peace was declared the officers and soldiers located their land warrants in Tennessee. Capt. Ford, a revolutionary soldier, was travelling in Tennessee for the purpose of locating his land claim and got in company with an old Indian chief who had also fought many battles. They smoked the pipe and each told their war scenes and exploits. Among other incidents Capt. Ford told him of Beard's defeat and of the fight at James Drake's house. After their talk the Indian handed Capt. Ford his pipe, which was in the shape of an Indian squaw beautifully executed, and said to him, "Here give this pipe to old Jimmy Drake and tell him an Indian sent it to him because he was a brave man and a good Whig." Capt. Ford presented the pipe as instructed to do and it remained in the family for many years and was esteemed as the greatest reward which was received for all his scars.