Fine Family: 1781- 1886



Fine Family: 1781- 1886

The Fine family lived around modern Fines Creek, NC in 1781. Back then, the name of the settlement that Vinett lived in was called Big Pigeon Settlements, TN. During the late 1700s, the Fine family, who were traders, followed the Great Indian War Path from Virginia and took notice of the bountiful area. The Fine family found the climate in Pigeon Forge to be almost perfect. Summer is usually balmy with an average temperature of 84 degrees. Winter is moderately cold with an average temperature of 40 degrees. After crossing over the state line, they settled the most rugged country with the most isolated conditions possible, but where individual liberty was their reward. Vinett Fine entered and located on the land known at the Swaggerty Farm and which is now owned by the Unaka Tannery. By any standard, most of the early families were poor. Many came to the new land over the mountains with only the clothes on their backs. Maybe a rifle, an axe, powder, or cooking pots. Some came on horseback, others on foot leading a pack horse. Tired and eager, they found their place. With only hand tools they cut the trees for their cabins. They cleared the rich land for planting. They chose their leaders, built their towns, their churches, and the schools. The mills where built along the river. They were uneducated but skilled with their hands. The Fine boys knew how to fashion a pocket knife, scissors, razor, pistol, or rifle gun by filing down or hammering into a block of steel. The sons were also skilled in building rat traps. They were remembered by their neighbors as being kind, generous, and liberal.

Colonel John Sevier attacked a party of Indians on Indian Creek in the summer of 1781. The place was near the County Line, on the farm of William Phillips. Seventeen Indians were killed. Peter, John and Vinet participated in this battle. In the spring of 1783 Colonel William Lillard and Major Peter Fine raised a company of thirty men and crossed the mountains to the Overhill Town of Cowee and burned it because from this town had originated the aggressions upon the Big Pigeon and French Broad Rivers. Captain John and his brother Vinett fine were members of the company. Such action antagonized the indians who in the winter of 1783 began to steal horses and cattle from the Big Pigeon settlements. Vinett Fine (b. 1750) and some other locals had just gone from North Carolina across the mountains into Tennessee to fight some Cherokes. Two men were wounded in the conflict, Thomas Holland and Mr. Bingham. Vinett was killed as they were running back across to North Carolina. This was a fairly longstanding argument about cattle raiding and whatnot; raiding was going on on both sides. Because there was no time for grave digging, Vinet's body was placed in a frozen creek with the intent to retrieve the body later. They did this by breaking a hole in the ice. Upon return, the creek had thawed and Vinett's body had washed away and was never found. Henceforth the creek was named Fine's Creek and is located on Exit-15, I-40 North Carolina. This must have been especially hard on his wife, Effie McClewain, because she was pregnant or had recently had Issac, her seventh child. Aside from her son Thomas, age 17, Effie’s children were all quiet young (Charles one, William two, Phoebe four, and Sarah and Abraham eight). After the death of her husband, Mrs. Fines married REUBEN BEDFORD, by whom she had 3 children. Effie took her children, all except Thomas who was old enough to live on his own, and moved back to Missouri, where she had been born. There she died three years later, 1786.

Vinet’s brother, Major Peter Fine, was living in modern Greene County, TN. Greene County is nestled in the foothills of the Great Smokey Mountains in the Eastern Region of Tennessee. He was on the 1783 tax list with no property with brothers Philip and John, and on the 1787/1788 tax list with 318 acres. (Philip was recently back from St. Louis, Missouri, where he had gone in 1781 and found an 80 year old bride.) Another brother, David Fine, also lived in Greene County, Tennessee. The Fine family had meager belongings, which can be seen through Vinet’s brother’s possession list in 1783. He had 100 acres, 1 horse, and 6 cows. The brother’s, after grieving the death of their oldest brother, Vinet, in 1783, dealt with the death of their brother, Weden in 1757. Euphenus was apparently in the area, as well, because he administered his brother’s estate only to die the following year. Euphenus went hunting and encountered hostile Indians during his hunt. He was wounded by the Indians. In order to lose the Indians, he crawled into a hollow log and hid. Unfortunately, he lost so much blood that he likely passed out. He died in that hollowed log. His family must have searched for him for a while, never finding him because his corpse was in such a good hiding place. However, many years later, his skeleton was found with a distinct rifle that belonged to Euphenus.

A few years later, Vinet’s child, Thomas, had moved to Tennessee. They lived in a neighboring county to where Thomas’ uncle, Major Peter Fine lived. Thomas Fine and his wife Mary Ellen Nave were among those living in Tennessee. Vinet’s will wasn’t settled until Feb of 1790. Local Tennessee folklore says that the Fine and Andres families settled in Cherokee Creek, Washington,Tennessee around 1791, which is just southeast of modern Nashville. Many of the Fines were traders, and the county and state boundaries are not what they used to be. It is likely, like the Indians, these traders considered a vast amount of territory their property. It is however known, that most of the Fine family at this time were Baptists. Levi Fine, born in 1793 in Cocke County Tennessee to parents Thomas Fine and Mary Ellen Nave. Effie’s daughter and Thomas’ sister, Sarah was married on Jun 15 1795 to Abraham Jobe in Washington, TN.

At that time, Cocke Co. was not officially established, not until 1797. In 1797 Peter Fine was appointed as a Commissioner to Cocke County. Soon after this Peter Fine was also appointed as a Justice of the Peace and charged with holding court for trial of all laws including civil and criminal. A settlement had developed ten years before the Fine family arrived. In the Jefferson County census taken in 1795, which included current Cocke and Sevier Counties at that time, were a total of 7,840 persons, including 1,706 free white males 16 years and up, 2,225 free white males age less than 16 years, 3,021 white females, 776 slaves and 112 other free persons. This area was lush and fertile. Farmers grew tobacco and corn. Thomas and Mary Ellen had four more children in Tennessee: Amelia “Amy”, Abraham, Sarah, and Deliah. Thomas’ brother, Abraham married in June of 1806 to Elizabeth Henry. The Wedding took place at the home of Richard Grose by William Jobe, Esq. The following year, another brother named William married in Jefferson, TN to Catherine Silvery.

Thomas’ uncle, Major Peter Fine, On Oct. 19, 1812 by act of the General Assembly, was appointed as commissioner of Newport. He was called the Father of Newport. Peter Fine was also the first man to be given a license to run a ferry, called Fines Ferry, which was the one at War Ford where Newport is now located. Near the Ferry, he operated an old trading post. Peter Fine was later appointed as Chairman of the County Court.

Levi’s father, Thomas Fine, was killed by accidental discharge of a gun while hunting turkey in TN in 1817. He died at age 51, never seeing his littlest brother, Isaac, or any of his children get married. Several Fines were members of the Baptist church at this time.

In 1817, the widow of Thomas Fine, Mary Ellen moved to Missouri with the children: Levi 24, Amelia 22, Abraham 19, Sarah 18, and Deliah 16. Luckily, the children were almost ready to move out on their own and were old enough to help support the family. Also, the land was extremely cheap. Families could buy 300 “arpents” of land in exchange for an ordinary sidesaddle. Warren County was formed from Montgomery County on the 5th of January 1833. Marthasville, located in the southern part of the county in the Missouri River Bottoms, is the oldest town in Warren County. Marthasville was described in the gazetteer of Missouri in 1883 as; "First settled in 1801 by Colonel Daniel Boone and his son-in-law, Flanders Calloway, and known then as Calloway's Post, located near the Missouri River, in the southeastern part of Warren County, 20 miles southeast of Warrenton, the county seat, 5 miles north of Washington, on the MP Ry., 60 miles west of St. Louis, and one and one-half miles north of Marthasville Landing, on the Missouri River, the most convenient shipping point. The village contains saw, flour, and mills, all operated by steam. One Evangelical and three Methodist Churches, one German school, also white and colored public schools. Grain, live stock, and all kinds of farm produce are shipped in large quantities. Population, 350. Mail, tri-weekly. P.A. Quickert, postmaster. The Booneslick Trail crosses Warren County and is traversed daily, just as it has been for over a century and a half. The grandfather of all trails to the far west, its importance in history cannot be exaggerated. Originally a trace or pathway used by Indians, trappers, and fur traders, it was known then as the Light Horse Trail. In 1805 Daniel Boone and his son, Daniel Morgan Boone, on a hunting expedition, discovered the animal salt licks along the trail in Howard County. Boone's sons, Nathan and Daniel Morgan, were responsible for surveying and marking the trail, which then took their name.”

Two weddings occurred in 1819 for the Fine family, Mary Ellen’s children Abraham and Amelia were both married that year. Amelia married Josesph S. Shrum in Montgomery, Missouri. Mary’s son, Abraham, married Cynthia Harper Hopkins in October in Lincoln, Missouri. The nearest justice of the peace was JAMES DUNCAN, of Lincoln Co., who lived 16 miles distant, and was too old to go so far to marry people. But he agreed to meet them half way. Accordingly, on the day of the wedding they set out on foot, and walked to the designated place, where the "Squire met them and performed the ceremony, and they walked back home the same day.” Abraham was noted as a fast runner, no one, not even his brother Levi, could beat him in a footrace.

In 1819 the first stage line traveling the trail had been established following the trail, because it remained on higher ground and went due west from St. Louis and St. Charles. An average of 20 wagons and carriages used the trail on a weekly basis. The Booneslick Trail was the most traveled road in Missouri in the mid 1800's. It was crowded daily as emigrant travelers and stock passed through. The trail was immensely important as a connecting route between St. Louis, the gateway to the west, and the great Santa Fe and Oregon Trails that led to California and Oregon. A year later, around 1818, Levi Fine married Nancy Oden in Missouri. The couple had a son named Levi Fine, Jr. He was born in 1818. While living there is was not unusual for him and his brother, Abraham, to go 35 miles to muster and 50 miles to mill. It was also typical for the men to encounter beds of rattlesnakes while hunting.

In March of 1820, the family celebrated the wedding of Levi’s sister, Sarah “Sally” to Jacob Oden, which took place in Montgomery County. Jacob Oden and Nancy Oden were brother and sister and twins. Thus, Levi and Sally married into the same family. Technically, the county was not officially organized at the time. In 1821, Levi’s sister Deliah married Nicholas Shrum III, who she had met through her older sister marrying into the Shrum family three years earlier.

In 1830, Levi Fine, Sr. lived in Prairie, Montgomery, Missouri. Levi Jr. did, as well. Montgomery County was located just northwest of Warren County.

He bought a land patent from the federal government on April 1, 1839 in Misssouri. Levi Fine, Sr. moved back to Warren County, where he was living in 1840, Campbranch, Warren, Missouri. He bought another land patent from the federal government on January 1st, 1850. Still there in Warren County in 1850, Levi Fine, Sr. farmed land in Warren, Missouri. In 1850, was living with wife Nancy age 42, and children: Caroline Fines 24, F; Abraham Fines 21, M; William , 18 M; Jacob, 11, M: Merchisadce 15, M; Deliah 13, F, Rebecca 11, F; Lemuel, 9 M. All children were born in MO, except for Caroline (KY). Value of land $600. He was 57 years old.

In 1843, Levi Jr. married Clarissa Louise Reynolds of Missouri or possibly Illinois. They had 11 children total. Unlike his father, who remained in Missouri, he left for Texas. They moved to Jackson County, TX. Levi and Clarissa had a daughter named Mary L. in Nov of 1844 in Lavaca, Jackson, Texas. Next born was Nancy A. in 1847. Levi Jr. was farming in 1850 in that county. According to the 1850 Census, his land was worth $200. The decade between 1850 and 1860 saw a marked rise in population; by 1860 the number of residents had increased to 2,612. The largest growth was in the number of black slaves, who formed nearly half (1,194) of the total population. The rapid rise in the number of slaves was evidence of the growth of the plantation economy. By 1860, 25,240 acres was being cultivated, a more-than-eightfold increase over 1850. Although corn and wheat were grown in small quantities, the primary crops were cotton and sugarcane; in 1860, 2,278 bales of cotton and 11,000 pounds of sugar were produced on the county's plantations. Despite slavery in the state, Levi, Jr. owned no slaves at this time.

Around 1850, Levi Fine, Sr.’s sister, Sarah, and brother-in law, moved to Oregon. They followed in the path of the youngest sibling, Deliah, who had moved her family to Oregon in April of 1846, just four years earilier. They had started west by an ox team that left from St. Joseph, Missouri. They started out with a train of 49 wagons. The wagons split into three groups on the “Platte”. Only ten wagons arrived in Oregon. Deliah had marked off the days on her calendar, and it took six months to make the trip from Missouri to Howell Prairie, near Salem, Oregon, where they settled on a farm.

In 1855, on July 17, Levi Fine, Sr. who had remained in Missouri, died in Hawkpoint, Lincoln, MO. Levi Fine, Jr. was listed in the will of his father. His wife, Nancy Oden, was still alive, and so was his mother, Mary Ellen.

On July 8th 1858, Levi Fine, Jr. purchased 640 acres on Milam, Comanche, TX. This land was good for growing corn and wheat. However, they moved back in 1860, Levi and Clarissa where 5,945 residents lived in Lavaca County. They had a daughter, Emma Magdelene, that October. Their land was worth 1,000 and personal estate 600. Here the family enjoyed a subtropical-humid climate, with warm summers and mild winters. Levi Fine, Jr. began military service in 1862. He served In the 21st Texas Calvary in 1842, 1st Lancers CSA in the Army of the Republic of Texas with Davey Crockett’s son. Unfortunately he had to leave his family for periods of time during his military service, which is recorded as BET. JUL 1862 - JAN 1902. He volunteered to join in the confederate army, the side the 50% of Fine families in the United States was on. (The other 50% was on the Union side.) When Levi Jr. went to war at age fourty-four, he left behind his 37 year-old wife, Clarissa, and his six children Nancy (age 15), Sarah (age 13), Lucy (age 10), John Stephen (age 7), Samuel Barlett (age 5), Emma Magdalene (age 2), This must have been difficult because he left behind no older boy who could provide for his family while he was away. The women were left to their own resources to maintain the land and feed themselves. This was difficult because of lack of markets for goods, shortages, and unstable Confederate currency. He served a second enlistment in the Militia of Lavaca Conty, 25th Brigade, under General W.H. Woodward. He was 47 yrs old at the time. There were only 8 men on the local militia on the muster roll for February 1864. During his service, he managed to find leave long enough to conceive at least three more children: Henry, Charles Wesley, and Iola. He drew a pension until his death because his military service left him totally blind before 1870. He remained blind for the rest of his life. In 1864, their daughter, Mary L. married an immigrant from England named George Coleman. One of the children they had during that time was Charles Wesley. In April of 1865, Levi and Clarissa gave birth to Charles Wesley Fine in Texas. Most likely, the family of Levi and Clarissa farmed cotton. In November of 1865, Levi and Clarissa’s second born, Nancy A. married John O’Neal in Lavaca County. In 1868, Levi and Clarissa had another girl named Ida Viola.

In 1870, despite being completely blind, he was listed as a farmer in Tumbleston, Scott, Arkansas. He could not read or write. The move to Arkansas was most likely in a hope to escape the devastation left after the Civil War. Lavaca County whites, the abolition of slavery meant economic disaster. Before the war slaves had constituted nearly half of all taxable property in the county, and their loss, coupled with a precipitous lapse in property values, caused a profound disruption for most planters. His son, John Stephen, moved to Scott County, Arkansas at this same time and had his first daughter, Sarah E. Fine in 1873. In 1874, the family got word that their daughter, Emma Magdelene married in Llano, TX to Joseph Pritchard Jennings.

Why they choose Arkansas, another confederate state, is a mystery. However, they didn’t stay too long there. By 1875, Levi’s son, John Stephen was living in Llano, TX. By 1880, Levi Fine, Jr. was farming in Precinct 2, Llano, Texas. How he managed to farm blind is another mystery. He did have his sons Samuel (23), Henry (17), and Charles Wesley (14) there on the farm to help him. They called their son, Sam, for short and Charles “Wesley”. During the 1880’s Llano was a small frontier town, it got its first bank, courthouse, newspaper- the Rural- during this decade. Levi Fine’s son, Henry Fine, married Mattie Morton in Llano.

Levi Jr.’s mother was still alive in 1880 and living with his brother, Thomas Lears in Oregon with his family in Wallowa, Union, OR. One of the principal businesses in Wallowa valley towns was the livery stable.  Here horses were kept for hire, fed and maintained for travelers, and hay and grain supplies offered for sale. 

. In 1887, his daughter, Ida, married a man by the last name of Brady. His wife, “Clarisy” died of measles the next year, in 1888.

Charles Wesley lived in the same area, as his brother John Stephen- (two of the children of Levi Fine, Jr). John Stephen first married Bessie Bailey in Hood, TX in 1872. Secondly, he married Samantha, who gave birth to John William Fine. John William Fine would be raised by Charles Wesley Fine, his uncle, and his mother Samantha for the remainder of his childhood.

John Stephen and Charles Wesley would have gotten a newspaper clipping in the mail about their 1st cousins murder in 1891. This is the newspaper clipping:

[Shot Through the Eye by Joe Cropper, Over a Game of Poker]

"Charlie Fine Killed"

The Troy Free Press (Troy, Lincoln Co., MO) Fri., 4 September 1891.

Transcribed by Michael E. Parker, great-grandnewphew of Josiah Cropper.

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Last Saturday afternoon Charlie Fine and Joe Cropper left Troy together, in company with several other residents of the Hawk Point neighborhood, and seemed to be on the best of terms with one another. Sunday morning Ben Ross brought the news to town that Fine had been shot and killed by Cropper, on the latter's farm, at about sunrise. Although Ross was rather uncommunicative, it was surmised that the tragedy was the result of a poker game, and quite a number of our citizens followed the coroner and sheriff to the scene of the murder. The road to Cropper's branches off just in sight of Hawk Point, and goes over a couple of miles of country that is probably as broken and wild- looking as any in the country. Turning into a faint road and skirting along the foot of a hill, the woods were left behind and Cropper's place was entered. After letting down a couple of fences and crossing Turkey creek, the house came into view. The neighbors were gathered around in little groups, discussing the tragedy, while a large group at a gap in the fence about 200 yards from the house surrounded the body of the dead man.

Cropper had made no effort to escape and had been placed under arrest by Constable Cape of Prairie township, who found him attending to his stock a short time after the shooting. His face showed evidences of a terrible beating. His left eye was black and swollen almost shut, there were abrasions on his head and cheeks, and almost his entire face was discolored and clotted with blood. As the coroner and sheriff came up he volunteered to show them the house, stating that he had left everything as it was and closed the door. It was a small log hut, with one window and a shed room. Inside was a bed, a couple of boxes, a little table on which rested a lamp and a blue poker chip. Chips were also scattered on the tumbled-up bed, and the room was in general confusion. The revolver, with three chambers empty, was found in a pile of old clothes in a corner.

Fine's body lay a few feet north of the fence and had been covered up pending the arrival of the coroner. It was carried to the shade of some trees near by, a jury summoned and the inquest began.

T. C. NICHOLS

Was the first witness examined by the coroner. After giving his age, residence and stating that he was acquainted with deceased and with Cropper and stating where he last saw deceased, he gave the following version of the transactions of the night preceding and the morning of the tragedy: We left Troy yesterday evening and came to Joe Cropper's about 8 o'clock; we stayed at Cropper's house until just about daylight this morning. ( I think Ben Ross left about 11 o'clock Saturday night.) Then we ( witness and Fine) went from Joe's house to where Charlie's (Fine's) team was and from there to Anthony Monroe's and from there to Johnny Monroe's, finding no one at home at either place. At the last place Charlie went to a tub near the well and washed some blood off his hands and came backand got into the wagon. I know where he got the blood---he got it from Joe Cropper. I know the circumstances under which he got the blood. I and Joe Cropper and Charlie Fine were playing poker; I told them to leave my hand out and I would build a fire in the next room, as I was cold; while I was starting the fire I heard a dispute between Cropper and Fine; Joe claimed that Charlie had stolen some checks from him and Charlie denied it; Joe told him he was a dirty liar; Charlie denied it again and Cropper called him a dirty liar again; Charlie still denied it and Joe called him a dirty, lying ______ ______.  Then I heard a scuffle as though a fight; I went to the door between the two rooms and Joe Cropper was lying on his back and Charlie Fine was trying stamp him; I took Charlie by the shoulder with my hand and tried to push him in the shed room and picked Joe up with the other hand. I talked to Cropper and reasoned with him that if we all got into a row, we would be fined for playing poker. As Charlie passed out of the room he said he wanted to see me a minute; after I got Joe reconciled, I went out to see what Charlie wanted. I think he was sitting on the fence at the corner of the house. He said he was a loser in the game and had $3.35 in checks; that he would like for me to take them and see if Joe would cash them; I told him no, that Joe owed me $6.70 and if he wanted any collecting done he would have to do it himself. But I told him he had better put it off till he and Joe cooled off, and they would come nearer settling it. He said he was a loser, and he'd be damned if he wasn't going to have his money; he went to the back door, leaving me and his little boy near the fence. I heard Joe Cropper tell him to "not come in here;" the next thing sounded like a fight; when I got in, it was dark in the room; the first man I got hold of I threw out the door, and he was Charlie Fine. Joe went into the main room, saying to Charlie that if he came there to murder him, to murder him and be done with it. I went to Charlie and talked to him, telling him we had enough of that; to let's hitch up; we hitched Charlie's team to his spring wagon and put the bridle on my horse. The little boy (Dick Fine) rode my horse and Charlie Fine and I rode in the spring wagon; we then went to Anthony and John Monroe's, as I have stated. After leaving the latter place, we came to the gate southeast of Anthony's; I told Charlie I would have to go home and we both got out of the wagon. He opened the gate and led the team through; he wanted me to go home with him, but I told him I was going to Ben Ross's and get my breakfast. Charlie said he was like me--he didn't like to go home full, either. He told the little boy to get in and drive the team home, that he was going with me. I asked the little boy if he knew the way and he said "No." I told Charlie he had better get in the wagon and go home with the little fellow, that he couldn't let down the fences and put them up. He said: " Oh! d__n him, he'd learn him to be tough." He then directed the boy how to get home and as he started off Charlie halloed after him to "keep his d___d mouth shut about what he had seen," and the boy went off crying. Charlie and I then started back in Joe Cropper's field on the way to Ben Ross's to breakfast; as we were going along, Charlie was talking about collecting $3.35 from Joe and asked me if I would see about it. He gave the checks to me, after discussing the matter awhile and I put them in my pocket. When we got to the slip gap between Monroe's and Cropper's I was walking and Charlie riding; I handed Charlie my coat to hold while I threw rocks at some cows and calves that were at the gap to drive them away before I let down the gap; he told me to "lay Uncle Joe's fence up good." After we started on he ask me to go by and see what Joe was going to do about his money; told him I would if he would keep away; when we got to the next corner of the fence, about a quarter of a mile west of Cropper's house, Charlie went in a northeast direction above Joe's house about 150 yards and I went to the house. I went in and looked around, but found no one and turned and went out. I heard loud talking and thought it was east of me; supposed Cropper and Fine had gotten into another quarrel. I went probably twenty feet east of the house before I located them, due north of me, when I turned and could see something on the north side of the fence; a lot of dead brush and green trees were between me and them and I could not see them plainly. I was running toward where they were and somewhat excited. I had run probably two-thirds of the distance when I heard a pistol fired; it was fired twice and, I think, three times, but am not positive about the third shot. When I got near enough to see, I saw Joe Cropper with a pistol in his left hand. I said, " Joe, what in the name of God are you doing? "  By that time I had gotten over the fence near where Cropper was: I reached out my hand and told him to " give me that thing, " meaning the pistol. He said " No; you nor no other d__d man don't get it." I laid my hand on Fine, called his name and saw that he was dead and then went over to Ben Ross's and told him that Joe Cropper had killed Charlie Fine. Ben asked me what I was going to do and I told him "I did not know what in the name of God to do;" that it would not do to let the hogs eat the man up. I told him to get some of the neighbors to come and stay with me while he went to notify the coroner and sheriff. I cannot swear positively who did the shooting, as I was running fast and could not have told who they were had I not known. They were about 150 yards from Cropper's house when the shooting occurred, and I was about 60 or 70 yards from them; they were scuffling on the north side of the fence when I first saw them. I don't know who was the aggressor the last time. All the threats I heard Fine make were cursing, saying he wouldn't take the --- --- --- --- off of any d---d man. I heard Cropper make no threats. Saw no weapons at any time during the fights. I do not know what became of the pistol Cropper had when I got to him. (Witness being shown a pistol found in Cropper's house, said it look very much like the one he saw Cropper have.) I did not see the beginning of any of the fights. I left Cropper with the pistol in his left hand when I went to Ben Ross's, and heard him say nothing except what I have stated.

DICK NORTON FINE

A son of deceased was examined and testified that he went from Troy with his father to Joe Cropper's on Saturday night, but went to sleep soon after Ben Ross, T. C. Nichols, Joe Cropper and his father began to play poker; he did not see or hear any of the fighting. He also testified to leaving Cropper's and going to the two Monroe places and then to going home, in substance as Mr. Nichols testified.

BEN D. ROSS

Being sworn, testified that he left Troy with Chat Nichols, Charlie Fine and Joe Cropper, about sundown Saturday evening; that, on the road, the four agreed upon a game of poker at Joe's house and went there, arriving between 8 and 9 o'clock.  We went in and went to playing till, I suppose, about 11 o'clock, when I got up, cashed my chips and said: " I believe I'll quit awhile, boys." Chat or Mr. Cropper, I don't know which, said: "  Ben, I wish you would cut us off some of that ham and put it in the skillet on the stove." I did so, then walked in, put on my coat and hat and said: " Boy's there's your meat on the stove." Mr. Nichols, I believe, was not playing at the time. He stepped to the door and said: " You're going home, are you?" and I told him I was. I got on my mare and went home. This (Sunday) morning while I was eating breakfast Mr. Nichols walked in and I asked him to have breakfast. He said: " No; Joe Cropper has killed Charlie Fine." (Witness then detailed the conversation had with Nichols and told about their going over to where the body lay, after which he went and notified the neighbors, notified Coroner Moore, and came on to Troy. He told the sheriff of the killing and swore out a warrant charging Joe Cropper with the crime.) The witness saw nor heard any quarreling or fighting before he left the room where the game was in progress; I live about three-eights of a mile from Cropper's and about a quarter from where the killing occurred; saw no weapons in possession of either Fine or Cropper that night. Did not know whether or not Cropper owned a pistol. Mr. Nichols' coat was lying beside Fine's body, and I believe that one of Fine's hands was lying on the coat, but am not sure. I picked it up and gave it to Mr. Nichols.

Dr. C. D. Avery, who held the post mortem, testified that the ball had entered the right eye, ranging obliquely backward and a little upward and fracturing the left parietal bone at its posterior superior angle; the ball was found just beneath the fracture, and the wound was of such a nature as to cause death instantly.

Cropper declined to make a statement at either the inquest or the preliminary examination, and said the only thing he had to say was that he regretted the circumstances which made the killing necessary.

The coroner's jury returned a verdict to the effect that the deceased came to his death from the effects of a gun-shot wound, and charged Josiah Cropper with being the perpetrator. 

The sheriff placed Cropper under arrest and brought him to Troy, placing him in jail. Monday afternoon the preliminary examination was held before Jas. Linahan and the defendant required to give bond of $5,000 to await the action of the grand jury, which being done, he was released. Mr. Fine leaves a wife and several children, who have the sympathy of their neighbors. It was an unfortunate affair and is one more piece of terrible evidence of what cards and whiskey can do. Mr. Cropper has employed Creech & Murphy to take charge of his case.

This is a newspaper clipping of the story of the trial:

On Sunday morning, Aug. 30, 1891, a report was brought to Troy that Josiah Cropper had killed Charlie Fine at the former's place about two miles from Hawk Point, in this county. The difficulty which resulted in the homicide was caused by a poker game, and at both the coroner's inquest and the preliminary examination the few witnesses gave their testimony in a straightforward manner which convinced nearly everybody that they were endeavoring to tell the whole truth about the affair. No one had seen the killing, however, and as Cropper declined upon both occasions to make a statement; there was considerable conjecture as to the immediate circumstances attending it.

The testimony at inquest and preliminary ( and also in circuit court) was to the effect that Joe Cropper, Charlie Fine, Chat Nichols and Ben Ross, all of whom had been in Troy, got together on the road home Saturday night and agreed to go to Cropper's house and play poker. At 11 o'clock Ben Ross quit the game and went home. Chat Nichols (now dead---but whose testimony at the preliminary examination was admitted in the trial) testified that during the night Fine and Cropper engaged in a fight while he was making a fire in another room, and that a second fight occurred just before they left---he pulling Fine off in both instances. The first fight was caused by Cropper's accusing Fine of stealing his chips, and the second by his refusal to cash them. Nichols and Fine then went to two neighboring houses for breakfast, but found no one at home at either place. They then sent Fine's seven-year-old son home---he had been with them during the night---and concluded (so Nichols testified) to go to Ben Ross' for breakfast. They crossed the Cropper farm to do this, and Nichols, at the request of Fine, went to the house to ask Cropper again to cash the chips, Fine going on to the gap of the fence where his body was found. Nichols found no one in the house, but as he left it heard sounds of a quarrel about 150 yards north of it. He at first started east, thinking the sound was in that direction; but turned north. Some small plum trees obstructed his view and when he reached the gap he found Fine lying dead and Cropper standing over him with a revolver in his hand. He asked Cropper what he had done and demanded the pistol, and Cropper replied: "You nor no other ---- man gets this pistol." Nichols then notified Ben Ross and the other neighbors, and Ross came to town for the sheriff and coroner.

Fine's death was probably almost instantaneous. The ball had entered his right eye and was found at the base of the skull, and his face was powder-burned. Cropper was badly beaten about the head, face and body. He made no effort to leave, but went about attending to his stock until the arrival of Constable Cape of Prairie township, by whom he was arrested.

The case came to trial in the circuit court last week, the defendant being under indictment for murder in the second degree, and lasted through Wednesday afternoon, Thursday and a portion of Friday.

Cropper took the stand Thursday afternoon and his examination lasted four hours or longer. His testimony as to what occurred at the house agreed materially with that given by the other witnesses. He stated that Fine stole his poker chips and that two fights were the result, in the last of which he was struck with a stick of wood and knocked senseless. When he regained consciousness Nichols and Fine were gone. He barred the door and lay upon the bed until about sunrise, at which time he went out for some wood to build a fire.   He discovered his colt in a neighbor's pasture and after turning it into his own he picked up some wood to take to the house. At this juncture he saw Fine approaching, and in hope that the latter would pass him unnoticed he jumped over the fence. Fine, however, saw him and advanced upon him with the remark: " Now, -------- -------- you, I've got you and want you to cash those checks!" at the same time grabbing him by the coat and beating him over the head. Cropper had a revolver in his pocket and attempted to draw it, but it hung on his coat. He finally got it out, but it was discharged prematurely in the struggle. He wrenched himself loose from Fine, firing as he did so, and Fine fell. Cropper said he does not remember any remarks he made during this, the third fight, and that although he was trying to shoot Fine the shot was rather an accidental one.

The defendant's attorneys introduced several witnesses-- some of the best citizens of Troy and the Hawk Point vicinity--all of whom testified that Cropper's reputation as a peaceful, law-abiding citizen was good and that Fine's was bad. The prosecution attempted to partially offset this by proving that Cropper was a poker-player, but the evidence was ruled out by the court.

The arguments in behalf of this state were made by Frank M. Howell and E. B. Woolfolk, the former opening the case in a forcible speech of thirty minutes and the latter closing in an argument of an hour and a half, which has been very highly complimented by all who heard it.

The interests of Mr. Cropper were well cared for by Norton & Avery and Josiah Creech. Mr. Creech opened for the defense in a splendid speech of a half hour, Mr. Avery closing in a speech of about an hour and a half which fully sustained his reputation as a jury lawyer.

The case then went to the jury, which returned a verdict of not guilty after being out a short time.

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Levi and Clarrisa’s daughter, Emma Magdelene Fine Jennings

George Coleman & Mary L. Fine. Mary L. Fine is a daughter of Levi Fine, Jr. & Clarissa Reynolds.

Description: Bottom Row: George Coleman-George Washington Coleman-Mary Fine Coleman-GGGrandfather Levi Fine Back Row: Jessie, Albert, Myrtle, Bertie & Ada Coleman. This picture was taken after the death of Levi’s wife, Clarissa Reynolds in 1888 and before Levi’s death in 1903. Levi is 70- 85 years old in this picture. Mary L. Fine is Levi’s daughter. George Coleman is Mary’s husband. The children in the back re Mary and George’s kids.

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