Person talk:Phoebe Hawkins (2)

Elijah Craig [6 August 2016]

Phoebe ( Phebe in original records) was a sister of Mary (Polly) Hawkins who was Elijah Craig's mother. Another of Phoebe's sisters was Elizabeth whose daughter, Frances Smith, was Elijah Craig's wife. I have asked the Library of Virginia to provide me with a copy of the Spotsylvania County Chancery records where Mary Hawkins, Phoebe's mother, brought suit against Stephen Smith for slander which caused Charles Smith to refuse to marry her. The Library has told me that early court records for Spotsylvania County do not survive prior to 1812. I need a copy of the Spotsylvania record quoted in"A Story of Two Brothers and One Woman."--JamesShepherd 19:12, 21 March 2016 (UTC)

"Phebe Hawkins, and infant" must be "Phebe Hawkins, an infant" Phebe is too young to have standing in Court and must have her claim presented by her next friend who would have been her father but since he is no longer living, then her mother. The phrase "Phebe Hawkins, an infant, by Mary Hawkins her next friend" is legalese to tell the Court that the plaintiff is under a disability, age, and is proceeding by her friend who is of age. The irony is that she is too young to present a claim in Court but she is old enough, twelve years in Virginia at the time, to consent to sexual intercourse.

I must conclude that whoever transcribed the "record of Spotsylvania County" was not aware of the niceties of legal practice and thought that the "infant" was a child of Phebe's and not Phebe herself but that gives the quotation veracity. The primary source must have existed at some time and may still exist. For me to use it I must have the primary source. Who has it?--JamesShepherd 00:11, 28 March 2016 (UTC)

James you are right about your conclusion "an infant". The case was heard in Orange County and dismissed 7 September 1735. What is written on this site and others seem to copied from Dorman's Deed book 1 and 2 1735-1738 and judgement 1735, but modified. The wording is the same all for the "Phebe Hawkins, an infant,. Also Barbara Vines Little's Orange County Order book Part one, list the court date and also "Phoebe Hawkins an infant"

I have not found any documents that prove Phoebe Hawkins married either Stephen or Charles Smith. Stephen is pretty quite, didn't sell to much land. Charles however had a wife Susannah in deed 1746. Court records shows he married Ann Wiatt widow of John Thurston before 1752, and his will list wife Sarah.

You state that Phoebe was twelve at the time can you tell me what document that came from? That would make her about four years old when her father John Hawkins died, between June and Nov of 1726. Sandi--Hopeful 21:04, 6 August 2016 (UTC)