Suffrage. Boyd Countie’s First Female Jurors

 

Teresa Martin Klaiber

Nellie Clara Kautz Martin & grandson John Geer Martin 1924

     Women have stood up for civil rights for decades. In 1838 Kentucky law allowed widows and female head-of-households to vote in school elections. County records during that timeframe show only a hand full of women appearing on tax rolls including Carter, Greenup, and Lawrence County, thus the men’s vote far out-weighed any widow’s vote at school board elections. But it was still considered progress.

     By 1902 even that right was denied by the Kentucky Legislature due to an outcry of gentlemen in Lexington after a large group of African American women bravely registered to vote. This action would give men less power and stirred racial bias. It would be eighteen more years before voter discrimination because of sex would be prohibited.

    The battle for women’s equality was at its height and came to fruition in August 1920. Kentucky’s equal rights committee sent pamphlets to ministers and churches across the state asking them to urge the women of Kentucky to prepare for all the rights voting would entail including the duty of sitting on juries. At the same time the Kentucky Equal Rights Association changed their name to the Kentucky League of Women Voters.

     Thirty-one-year-old Nellie Kautz Martin, wife of John Shouse Martin, was a busy homemaker, residing in Ashland, Kentucky on Newman Street. The daughter-in-law of a Christian minister, she was active in her church, raising three sons. She epitomized the housewife of the times, and would certainly have seen the pamphlets that flooded Kentucky. Standing just a little over five feet tall she loved the national pastime of travel and camping.  Spending hours in the kitchen she always wore her apron.  Four months after the historical women’s legislation Nellie was in the news for receiving two electrical shocks from a washing machine while doing laundry. She most assuredly had her apron on. Not only was she shocked but at least four other families in the neighborhood had electrical trouble including the Ogden home which caught fire but was quickly extinguished. The Lexington Herald Leader led the story as “Electricity Runs Wild,” while an ad was running in Louisville’s paper stating “if she has to choose between the two electricity and servant – the wise housekeeper choses electricity every time.” The occupation for women on census records was over ninety percent “housewife.” The old adage “Women belong in the home,” was still being promoted by the male population.

     The Kentucky Commonwealth Attorney Association recommended changes to the legislation in January, 1922 which included the removal that women would have to be required to be housekeepers.

    It would be a year before news carried information on the first women on juries in Kentucky. Owensboro had distinguished itself as having the first all-woman jury in April 1921.  Boyd County women were elated when Mrs. Mary Elliott Flanery was elected to the Kentucky General Assembly in 1921 and then presided over the House Caucus of the General Assembly in January 1922.  She is said to have urged women all over Kentucky to contribute in activities in politics adding “…try to help the boys do something for old Kentucky.”  Flanery well known for her work for suffrage was also a journalist for the Ashland Independent newspaper.

    The Lexington Herald-Leader reran a seven-line article titled “Woman Jury Commissioner” from the Ashland Independent 12 December 1922. Nellie Kautz Martin once again had made the news.  Published as Mrs. J. Shouse Martin, she was given the “distinction of being the first woman juror commissioner in Boyd County. She was also the first woman juror having served at the January term in criminal court.”  Nellie may well have been at the courthouse January 5^th when there was a shooting while transferring a prisoner from the jail to the court.  The jailer, Lon Hood was shot in his head and arm.  Papers say justice was swift as on January 7^th the court sentenced John Owens of Parkersburg, West Virginia to 15 years in the state reformatory. Grand juries usually met in secret in January in each of the counties.

     With the superb help of Genealogy Supervisor James Kettel, at the Boyd County Public Library, court records show Nellie along with two other women appearing on the Petit Jury for April into May 1922.  She is listed along with Belle Emirick and Mary, McLaughlin. Isabelle McCoy Vaughn Emirick, wife of John J. Emirick died nine years after her jury duty and was buried in Ashland Cemetery. Among the gentlemen was Lupton Ogden who three years later would be married to Ruby Huffman Turner Martin. Each person on the jury appears to have taken turns as foreman. Nellie was foreperson for a liquor case. Most cases involved either transporting, keeping and selling illegal whiskey or for having a moonshine still. One case was for gaming and another for forgery.

     Nellie Clara Kautz Martin unassuming and devoted to her family and home was born 2 August 1881 at Howard Siding, Pennsylvania. She was the daughter of John and Elizabeth Groszholz Kautz. The family moved to Normal, Kentucky where her father was working in the lumber business in the early 1890’s.  In 1897 they moved to Yale, Bath County where John continued to work both lumber and stone.  But Nellie was quickly sent back to Boyd County to finish her education.  She was 16 and would travel between Catlettsburg, Salt Lick, Famers and Yale. Nellie married John Shouse Martin 5 August 1900 at Farmers, Kentucky in the Christian Church. They were married by Shouse’s father, minister of the church, Henry Foster Martin.  The family moved to Ashland, Kentucky circa 1906.

     This compiler can only visualize the couples 50^th wedding anniversary in black and white photographs because while I was present, I was only one in 1950. By then the Martin’s had moved to Ironton, Ohio. I do remember her in that apron spending a whole afternoon baking and cooking for just me and my great grandfather as I grew a little older. In the fourth grade I was just about her height and John Shouse with his booming voice towered over both of us as he cranked an old victrola for my entertainment. Nellie died 14 September 1964 and is buried with an unimposing grave marker in Rose Hill Cemetery in Ashland. If family members knew about her small contribution in history, they never talked about it leaving just a seven-line piece of old news in archives. She instilled a lesson of humility and a reminder that each of us make a little history every day.

Isabelle Alice Stewart: Whispers from the Grave; Klaiber Cemetery, Boyd County, Kentucky

 

Compiled by Teresa Martin Klaiber

Isabelle A. Stewart was born 20 December 1863, the daughter of Alfred aka Allen Stewart and wife Sarah Elizabeth Hood.   

Alfred C. Stewart married 1 January 1863 Sarah Elizabeth Hood in Boyd County, Kentucky.  They were married by Bryant Fannin at William P. Hood’s home here on Garner.   William P. Hood and wife Matilda Howe were Sarah’s parents.   

Shortly before Isabelle’s birth Alfred joined the 40^th Kentucky Infantry (Union) at Lexington, Kentucky on 1^st of December.   Alfred was the son of Andrew Stewart and Rachel Cook who lived at Mount Savage, Carter County, Kentucky.  Alfred was shot while on duty and died of his wounds 23 December 1864.

Isabelle’s mother Sarah Elizabeth Hood Stewart next married James W. Howe on 29 October 1865.  Howe, son of Geprge W Howe and Sarah Fannin Howe, had been captured and served six months in Andersonville Prison before returning home.   In May 1866 the courts appointed Isabelle’s step father as her legal guardian. James R. McBrayer acted as surety.  One anomaly appears on the court order. Her deceased father is listed as Allen Stewart instead of Alfred as shown in all other known records[i].

Isabelle appears, in July, 1870 on the census with her step father and mother listing her age as six.  The family is living on Garner.[ii] Fifteen months, later on 23 October 1871 Isabelle Alice Stewart died.   At this writing the compiler does not know the cause of her death.

Her burial in Klaiber Cemetery is thought to be one of the earliest if not the first burial in what today is Klaiber Cemetery.  Her grandfather William Pickett Hood and her step father’s mother Sarah Fannin Howe both were buried in Klaiber cemetery two years later in 1874.

 

 

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[i] KY Boyd CT Order roll 344012 page 293

[ii] Note a title search shows this was a portion of what is owned by this compiler and her husband.  The MT Hilton survey dated April 1879 shows James Howe fields next to Philip Howe’s property with a marked house thought to be the cabin that sits behind the authors home today.  The Hilton survey can be found at the Boyd County Public Library and the item is marked as B-6.

Jasper Newton Sexton & Miriam Lambert Sexton: Whispers from the Grave; Klaiber Cemetery, Boyd County, Kentucky

 

Compiled by Teresa Martin Klaiber

Jasper Newton Sexton was born 15 January 1869 in Boyd County, Kentucky, the son of Henry Powell Sexton and wife Julina McCormack. 

Jasper married 20 January 1898 Miriam Roberts Lambert.  She was the daughter of James Calvin Lambert and wife Marietta Davis.  Their reception was a big event on Garner and Luella Banfield carefully entered it in her day book[i].  Daughter Willa said her mother described the day of the wedding with a carpet from the road all the way to the house and butter molds in the shape of something special.  The marriage is recorded in the East Fork Methodist church records.  The marriage took place at Miriam’s father, Cal’s house on Garner.  John Childers and Thursy Davis[ii] were witness.

Jasper was a farmer all his life.  He and Miriam had ten children.  Harold Lee (b.1912) , Hopie (born 1910) and Wirt (b. 1918) were born in what today is the Klaiber Hood Cabin on our farm[iii].    Their first son Everett born in 1905 was their first child, to die and be buried in the cemetery. Everett died 17 June 1905. He was followed by Jasper II born 24 February 1916, died the same day.  Jasper was buried in Sexton Cemetery on Pigeon Roost. The next year they had another stillborn girl they named Maymie Lynd Sexton. 

The family buried son Royal Norman on the 10^th of November 1921 He had gone to Sullivan County, Indiana to work in the coal mines and died from the falling of slate  in a mine accident.  He was brought back for burial in Klaiber Cemetery.

Miriam’s nickname was “Toad.” She died 17 March 1930, from pneumonia, and was laid to rest in Klaiber Cemetery.  Three months later the family buried Hopie who I wrote about in our last blog post. 

Jasper continued to live on Garner for the rest of his life.  He died 10 November 1967. His funeral service was held at East Fork United Methodist Church. 

I love the inscription on their stone “We shall never grow old or be separated Again.”

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[i] Luella Banfield’s Day book is housed in the genealogy room of the Boyd County Public Library

[ii] KY Boyd mbk 16a p 47

[iii] Sexton Willa B telephone interview September 1997

Sarah Fannin Howe. Whispers from the Grave; Klaiber Cemetery, Boyd County, Kentucky

 

Compiled by Teresa Martin Klaiber 2023

 

Sarah Fannin was born 16 August 1813, in Virginia, one of nine children born to John and Keziah Fannin.  By 1820 the family was living in a portion of Greenup County that would become Lawrence the following year.

Sarah Fannin married George W. Howe, born in Greenup County, 20 October 1836 in Lawrence County, Kentucky “having produced a certificate from John Fannin, father of Sarah consenting” to the marriage.  Women had no contractual rights under early Virginia and Kentucky law and two parties were needed to obtain the marriage license, one usually the father acting as bondsman.

George W. Howe was the son of James and Martha Ann Hood Howe.  Sarah first appears on a land document, with George, in Carter County, 10 October 1841 when George and James Howe of Greenup make a deed with Alexander Hannah. The deed does not give the land description.  Both George and Sarah sign the deed[i]  George’s father James died in 1845.[ii]  Howe’s lands were extensive and George W. along with siblings were involved in various suits and partition deeds following James Howe’s death.

It is the compilers believe that George W. Howe, made a serious mistake becoming indebted to Richard Apperson, a Kentucky lawyer and politician.  A Carter County, Circuit course case ended in a deed dated 19 May 1849[iii] transferring land from George W. Howe to Richard Apperson whom he was indebted to for the sum of $980.50.  The debt involved bonds of James W. Davis and Alfred Low, thus Howe mortgaged a tract in Lawrence county to Apperson.  The tract also included his right, title and claim to the “landed estate which descended to him from his father James Howe, deceased”.

George W. (as an heir of James Howe) appears again 4 November 1852 along with his siblings involving Carter Circuit Court with Apperson acting as commissioner involving land described  in the Grayham Survey to John Fannin “in Lawrence County where John Fannin now resides…”[iv]  This is Sarah Fannin Howe’s father. John, died, shortly after on 25 June 1853.[v] When John Fannin wrote his will (after providing for his wife) he included the equal division of property to his children citing Sarah as the wife of George Howe.[vi] 

Keziah Fannin, Sarah’s mother died 31 October 1854.  Keziah also wrote a will about the same time her husband did[vii] In the midst of the Fannin deaths there was also another case in Lawrence Circuit Court with Richard Apperson against George W. Howe (defendant) and others for a mortgage on 101 acres of land on the East Fork where “the defendant Howe resided.”  The Land was sold to George W. Prichard.[viii] As a woman, I can’t imagine how stressful this would be, especially with small children.

There are several more deed transactions involving George W., his siblings and the James Howe estate in both Lawrence and Carter County in the 1850s and into the 1860’s.  But reading between the lines, Sarah must have had enough, and by 1860 George is no longer on the Federal Census records for this area.   Sarah first appears, in her own right, on the Carter County Tax list, on Garner, with no values in 1857. Their youngest child, Matilda Rebecca was only four years old.

The 1860 census lists Sarah doing house work, born Virginia, next door to the Hiram Gallion Family[ix].  Sarah has eight children living with her and no adult male within the household.  The eldest child Martha has turned 21, James 19 and John 17 both day laborers along with Hiram 16, Philip 13, Sarah 11, Andrew George W 9 and Matilda Rebecca the youngest.

Several researcher’s claim that a George W. Howe, born circa 1810, Kentucky, who went to Oregon, is Sarah’s estranged husband.  This George W. Howe is said to have arrived in Oregon 30 October 1853[x].  We continue to see Sarah’s husband, George W. Howe cited, as late as 1868, on documents, in Carter, Lawrence and Boyd counties in Kentucky, including his father-in-law’s will written in June 1853. However, the deeds are all signed by commissioners or agents beginning in May 1853.  The last transaction dated 13 January 1868 has his brother-in-law, William P. Hood, acting as his agent[xi]     

The George W. Howe of Clackamas County, Oregon received donation land in 1853.[xii]  But if he is the same George W. Howe, folks in Carter, Lawrence, and Boyd County, Kentucky, were unaware of his death.  The census for Oregon City was taken  June 6^th and George W. Howe appears as a brick burner [xiii]born in Kentucky.

The George W. Howe, of Oregon City, Clackamas County came to a tragic end. The Weekly Oregon Statesmen reported on 26 June 1860 “While firing guns at At Oregon City on Thursday evening last, the vent hole of the cannon was carelessly left open and two men, one of whom is named Howe and the other a carpenter is known as Curly who was loading the gun had each arm blown off above the elbow. One of them the right and the other the left…”  On 3 July the paper reported “the names of the men injured by the premature discharge of a cannon in Oregon City are George Howe and Fred Curley. Their shattered arms have been amputated and they are both doing well.” On July 21^st the paper simply posted “George Howe of Oregon City who was injured by firing a cannon is dead.”

In George Howe’s probate packet is listed books, brick molds and the statement that there are no heirs.[xiv]  Thus if the Oregon Howe was one and the same, Sarah and his own siblings were unaware of his tragic death back in Kentucky.  There is no indication among the receipts, inventory and other documents that anyone within the court system in Clackamas County, Oregon had contact with anyone in Kentucky.

Tragedy struck when 9 December 1861 Sarah’s son John W. Howe, a soldier, died of typhoid fever while at Camp in Hardin County, Kentucky.[xv]  John had joined the Second Cavalry on 14 July 1861 at Camp Joe Holt.  The unit was moved to Camp Nevin in Hardin County, Kentucky.  Harpers Weekly showed a sketch of the camp in their publication just a few days before John died.  Dan Master’s Civil War Chronicles gives a good description of the sickness and what it was like at the camp.

By 1870 Sarah Fannin Hood is living next door to Matilda Howe Hood, sister of her estranged husband George W Howe and Matilda’s husband William P. Hood,  Sarah is living with son Phillip Howe,[xvi] who is farming, along with other family members.  The next census entry is Sarah’s son James W. Howe[xvii] and wife Sarah Elizabeth Hood Howe[xviii].

Sarah Fannin Howe died 6 June 1874, age 66 years 9 months and 31days. She was laid to rest in Klaiber Cemetery.  In June 1996 the Klaibers repaired the tablet stone that had been broken.

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[i] KY, Carter dbk 6 page 373

[ii] James Howe and wife are buried in Oldtown Cemetery, Greenup County, KY

[iii] KY, Carter dbk B  275

[iv] KY, Carter dbk 7 p 88

[v] John Fannin is buried Stewart Cem., Rt. 3, Lawrence County, KY

[vi] KY, Lawrence Wbk p 43

[vii] Kozee, Wm., Eastern Kentucky References, p 166

[viii] KY, Lawrence Dbk D p 419

[ix] Hiram Gallion is buried in Klaiber Cemetery

[x] https://secure.sos.state.or.us/prs/personProfileSearch.do

[xi] KY, Boyd dbk 3 p 458

[xii] Oregon Land Claim OC 2548; roll 29

[xiii] Brick burner in charge of kiln and responsible for correct temperature during firing.

[xiv] Oregon, Clackamas Box 13 #6 A-40

[xv] Fhl 994030 KY death records…Carter County cites parents, residence as Carte r Co and death in Hardin Co.

[xvi] Phillip later removed to Oklahoma

[xvii] James W. Howe eventually removed to Kansas

[xviii] Sarah Elizabeth is the daughter of William P Hood and Matilda Howe Hood, while James W. is the s/o George W. Howe and Sarah Fannin Howe.

William Pickett Hood & Matilda Howe Hood. Whispers from the Grave; Klaiber Cemetery, Boyd County, Kentucky

 

Compiled by Teresa Martin Klaiber 2023

 

William P. Hood was the son of  Thomas and Sarah Hood, early settlers of what was Greenup County, Kentucky.   He was born 2 March 1805 and died 14 August 1874.  He is buried in what today is known as Klaiber Cemetery[i]

William P. Hood married 13 December 1831, in Greenup County, Matilda Howe born 3 December 1805.

Matilda was the daughter of James and Martha Ann Hood Howe[ii].   In February 1832, two months after their marriage, James Howe and Martha his wife gave their “beloved daughter” and son-in-law, William and Matilda, 1000 acres (for $1.00) described as part of the Grayham survey, at that time in Lawrence County on Salmons Fork of Gardner (sic for Garner), between the dividing line of the survey and Salmons Fork and Bolts Fork. 

William P. Hood, according to historian Evelyn Jackson, had a son named   Price by one of his slaves[iii].  By the 1840’s William and Matilda had seven children: James T Hood m. Missouri Stewart; Charles E. Hood married Amanda Melvina Hood; Sarah Elizabeth m Alfred C Stewart & 2^nd James W. Howe; Mary E Hood married Hiram Fultz; Mercy Jane Hood married James H. Marcum and William Zachary Taylor Hood m. Helen Davis. 

William P. Hood was involved in several Carter County court cases, deeds,  and court orders involving the area of Garner which became Boyd County in 1860.[iv]”   As required by law Hood was assigned road duties including superintendent to open a new road from Garner to the Forks of Straight Creek.[v]   

In August 1859 William and Matilda sold the southward top of the ridge between Garner and Bolts Fork to daughter Martha and son-in-law Allen Vaughn.[vi]  On the 3rd day of  September 1866 W. P. Hood  and Matilda  his wife sold, their son-in-law, James W. Howe[vii] and Sarah his wife,   in consideration of $1.00, a tract of  land described as laying on Salmons fork of Garner, being a part of the survey of Richard Graham, deceased.[viii] The Hoods continued to be active in the community and contributed to the subscription school at Green Hill on this road in 1869 when James W. Mullan was the paid school master[ix]. 

 After William’s death 14 August 1874, Matilda signed her declination as administrator of her husband’s estate.  John D. Ross (Judge of Boyd Co.) and John Klaiber were sworn to appraise the personal property.  On 3 March 1883 Matilda and son W. T. Hood sold George W. Ross[x] land described as the left fork of Salmons Fork of Garner beginning at the mouth of the old Diamond property (see Mayhew blog) and a branch of James Marcum’s at the dividing ridge between Garner and John A. Klaiber’s corner[xi].  This property is part of this compiler & her husband’s holdings at this writing.

Matilda Howe Hood lived until 20 March 1887. She is also buried in Klaiber Cemetery.

 It should be noted that the first recorded entry of a grave yard was not filed until 2 August 1899. The earliest known burial is of Isabelle Stewart (stay tuned for that blog post) in 1871 followed by burials of Hood’s and Howe’s in 1874.

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[i] Over the years Klaiber Cemetery has been called by several names: Hood, Garner, Sexton, , etc.  In   modern times the name Klaiber Cemetery has been filed with the state of Kentucky as a recognized cemetery and name. Older topo maps even mis-spelled it as Clyber.

[ii] The Howes’ are buried at Oldtown Cemetery, Greenup County, Kentucky. James How died 1845.

Iii The official birth record of Price cites him as mulatto a slave of W. Hood not William Hood  father. Deceased historian  ESJackson wrote that he was the son of of William Hood in her publications.  The midwife was Mary Lambert who lived in the same area.  At this writing there is no official proof that Price was Hood’s son.

[iv] KY Carter dbk 6 p 32 not filed until Jul 22 1852

[v] KY Carter Order book #2 Mar 1857.

[vi] KY Carter dbk 7 p 618

[vii] James W. Howe b 1837 married 29 Oct 1865 Sarah Elizabeth Hood Stewart.  Howe was the son of George and Sarah Fannin Howe.

[viii] KY Boyd dbk 3 p 274

[ix] KY Carter Dbk D p 165

[x] George Washington Ross b 1833 Lawrence county was the son of John Davis Ross and Susan Lockwood.  George W. married Angeline R. Bolt 7 Jan 1863 in Boyd County, KY