Abner Vance, The True Story
by Grace Dotson
I had not researched my Vance lines long until I realized much more had
been written about my 4th great grandfather, Abner Vance, than could be
proven. The things that could be proven did not fit the legend as I had
heard it. Listed below are the facts, all from Virginia court records, unless
otherwise stated.
No birth record has been found for Abner Vance. His parents and place
of birth are unknown. His estimated date of birth is 1759/60 from the fact
that he and a Matthew Vance swore the Oath of Allegiance in Chatham,
Pittsylvania County, Virginia on 29 July 1777. Under Virginia law the
requirements for swearing the Oath of Allegiance was: "all white males,
over 16 years of age."
Many Virginia records were lost or destroyed through the years and tax
lists have often been utilized as proof of residency. Abner Vance and
Thomas Vance were on the tax lists of 1782-1787 in Montgomery County,
Virginia.
Abner Vance was enumerated on the 1789, 1791-1799 and the 1802
Russell County Virginia Personal Property tax list. Other Vances who lived
in Russell County before 1800 were Matthew, Phillip, Samuel, and John.
Russell County records are incomplete.
Abner Vance was married to Susannah Howard, she was called
Susannah Vance in the will of her father's wife in Surry County NC in
1806. No marriage record has been located. Abner and Susannah
Vance were the parents of several children. No birth records have been
found for them, dates of birth have been established from census, death
or marriage records. In 1784 Abner Vance and James Howard were on
the Surry County North Carolina tax list as owning 250 Acres of land.
Other than land transactions, Abner Vance is rarely found in Russell
County court records prior to I July 1817 when he was ordered to appear
in court to answer to a charge of breach of the peace by Daniel Horton.
Abner Vance was "solemnly called but came not." His bond had been
posted by John and James Vance who were called to court on 6 August
1817 as the court attempted to recover the penalty of a recognizance.
The court ordered that the writ be dismissed at the Vance's cost.
16 October 1817, at a court called and held by the justices of Russell
County, Virginia Abner Vance, labourer, and Susanna Vance, spinster,
were charged with the murder of Lewis Horton who died on 27 Sept 1817
in Russell County Virginia. Susanna Vance was allowed to give security
of two thousand dollars for her personal appearance, being unable to
procure security she was remanded to jail until she found such security or
was released by due course of the law. Abner Vance was remanded to
jail with no bond set for his release.
The next hearing on the docket in Russell County Court, October 16,
1817, was William Wingo, who was charged as an accessory before the
fact to the murder of Lewis Horton. Wingo's bond was posted by the said
Wingo, Squire McGuire and Frances McKinney.
On November 4, 1817, Richard Vance was committed to the jail of
Russell County, Virginia charged with being an accessory after the fact to
the felonious shooting and wounding of Lewis Horton by Abner Vance.
Richard Vance was remanded to the jail of Russell County, Virginia. The
next term of the Court for Russell County Virginia was in April 1817. The
Jury heard these cases: Abner Vance was found guilty of murder in the
first degree in manner and form as in the indictment against him is alleged;
thereupon he is remanded to jail on 14 April 1818. The next day of court,
same judge and jury brought forth an indictment against Richard Vance
as an accessory to a murder "a true bill" and an indictment against
Susanna Vance for murder "not a true bill." Susanna Vance was
discharged from imprisonment. On the next day (April 17th) William Wingo
was again let go on bond and the Commonwealth Attorney, by comment
of the Court, said that he would not prosecute further on behalf of the
Commonwealth against Richard Vance and he was released.
During the same Court and on the same day, April 17, 1817, Abner Vance
was called before the bar for sentencing, when asked if he had anything
to say he said he had nothing but what he had already said. Thereupon it
was considered by the Court that he be hanged by the neck until he be
dead, and that the execution of the judgment be made and done upon
him, the said Abner Vance by the Sheriff of Russell County on Friday the
17th of July next between eleven in the forenoon and two in the
afternoon of the same day at the place of execution in this county.
Memorandum: At the trial of this cause and before the Grand Jury retired
from the bar the counsel for the prisoner excepted to two opinions of the
Court and a third after the jury retired from the bar to an opinion of the
Court, which three exceptions were signed and sealed by the Court and
ordered to be made a part of the record of this case. (This amounted to
an appeal.) Court was adjourned.
September 14, 1818. Superior Court of Law, Russell County Virginia. The
Commonwealth against Abner Vance, upon indictment for murder. A copy
of the judgement of the General Court awarding a new trial in this cause
was produced and ordered to be - ? - on the records of this court. The
Writ of error stated "The Court are unaminously of opinion that there is an
error in this: that the Court rejected evidence of the witness introduced by
the prisoner to prove his insanity before the fact of which he was
accused, and in deciding it was improper to introduce such proof until the
prisoner's insanity was proven on the day he shot the deceased.
Wherefore it is considered that the said judgement be severed and
annulled, and a new trial awarded, and in the meantime that he be
detained in the safe custody in the jail of the Superior Court of Russell
County until the next term, and until he be discharged by due course of
the Law.
September 15, 1818. William Wingo appeared in court according to the
condition of his recognizance entered into before this court at the last
term is ordered into custody of the sheriff to be committed into the jail.
William Wingo acknowledged himself indebted to the Governor for bond;
yet if Polly Wingo, wife of the said William Wingo, shall make her personal
appearance before the court on tomorrow to give evidence on behalf of
Abner Vance indicted of murder, and shall not depart without leave of the
court, then this recognizance be void. The trial of Abner Vance is
continued till tomorrow at ten o'clock.
September 16, 1817. A 48 man jury pool was called and after two days
only 7 men had been selected as jurors, the court decided to postpone
Vance's trial until the next term of court. Spring Term of Superior Court,
Russell County, Virginia. April 12, 1819. Again a jury could not be be
seated, after two days only two men had been selected as jurors. A
change of venue was ordered by the court, to the Washington County,
Virginia Superior Court. (Washington County borders Russell.)
I have not located the Washington County Superior Court records for this
trial, but I do know that they upheld the Russell County verdict and
sentence. Abner Vance was sentenced to be hung on July 16, 1819.
Although we know Abner Vance was hung, no optical record has been
found. The Lynchburg Press a newspaper in Lynchburg, Virginia did print
this alleged eyewitness account of the execution: "27 July 1819. On
Friday the 16th Instant, Abner Vance was executed at Abingdon, in
pursuance of his sentence, for the murder of Lewis Horton. He addressed
the spectators, about four thousand, for an hour and a half with
considerable ability; he died with the most heroic fortitude. He accused
some of giving false evidence against him; and said that if he had
obtained a fair trial, and nothing but the truth had been sworn against him,
he thought the penitentiary would have been proper punishment for his
offense. "
I know this is not what has been written in books and is not the tradition
that has been passed down for almost two hundred years, but, sadly, this
is the way it was. Abner Vance is said to have composed a song or ballad
which is called THE VANCE SONG or ABNER VANCE'S DEATH
BALLAD, which is recognized, by the Southwest Virginia Folk Lore
Society, as the oldest song, still in existence, written west of the Blue
Ridge.
The Susanna Vance, spinster, who was arrested and incarcerated in the
early months of the court record of this case seems to be a daughter of
John Vance, son of Abner. John had been living in Floyd Co KY , which
was next door to Russell County, VA. On I Feb 1813, John and a Mary
Wilson had applied for a marriage license, John was 33 years old and I
believe this was John's second marriage. Susanna Vance, spinster, was
released from jail in Russell County on April 16, 1818 and on August 17,
1818 in Floyd County, KY a subpoena was issued against John Vance to
appear and show why his children shall not be bound out as the law
directs and the sheriff is directed that on the service of the same he take
possession of the said children, named William and Susanna, and have
them here at the next court. Annals of Floyd County Kentucky 1800-1826
by Chas. C. Wells. I believe this was the girl involved in the incident.
In 15 years of searching for Abner Vance I have never found anything to
document he was a preacher as is often claimed, during the trials he was
called Labourer. I have never found him serving in the Revolutionary
War, just taking the Oath of Allegiance as stated earlier in this article,
which was about like registering for the draft now. I have never found any
hint of him owning the thousands of acres of land he is said to have
owned in present Logan County WV and he surely did not hide from
Virginia law enforcement officers for two years after the shooting, the
record plainly shows him sitting in jail for that period of time.
I have never found anything to indicate he was half Indian as often
claimed, on the Oath of Allegiance papers and on the tax records I've
located he was listed as white. I have never found anything to cause me
to think he had been married before his marriage to Susannah Howard,
I'm still searching for any marriage record for him. And finally, I've never
found a pardon, but did find the earlier mentioned newspaper article, it
seems to me that if a pardon had been granted him a copy of it would be
somewhere and that it would have surely been news worthy and certainly
mentioned in the report of his death and none was. I have searched
every nook and cranny within the realm of possibilities for this supposed
pardon to hide, it can not be found. If anyone has a copy of Abner
Vance's pardon the VFA and I would surely like to see it.
Judge Elihu Sutherland of Dickenson County Virginia wrote "William
Vance, of Sword's Creek (Russell County, VA), a descendant of Abner
Vance, said in 1927: "As I have been told by older people Vance did not
kill the Horton he aimed to kill. His mind was to kill Daniel, but Lewis put
himself in the way and provoked the old man until he told him to go away
or he would kill him, and Horton run and crossed the Clinch (River), a
distance of about 200 yards and told the old man to "shoot and be
dammed ". The old man fired and Horton rolled off his horse into the
river."
Abner Vance's court records are in Order Book 5 and 6 at Russell County
Virginia Court House, Lebanon, VA.
THE VANCE SONG
taken from the Sweet Bird Songbook
Green are the woods where Sandy flows, and peace it dwelleth there. In
the valley, the deer, they like secure and the red buck roam everywhere.
But Vance no more shall Sandy behold, nor drink of it's crystal wave. The
partial judge has pronounced his doom, the hunter has found his grave.
The judge said he was my friend, though Elliot's life I saved. A jury man, I
did become, that, Elliot, he might live. The friendship that I have shown to
others has not been shown to me. Humanity, it belongs to the brave and I
hope it remains with me.
It was by the advice of McFarland that Judge Johnson did me call. I was
taken from my native home and placed in yon stone wall. My persecutors
have gained their quest, they promised to make good. They swore that
they would never rest till they had gained my life's blood.
There are David Horton, Bob and Bill, a lie against me swore, in order to
take my life away that I might be no more. But they and I must meet when
Gabriel's trump shall blow. Perhaps I shall rest in Abraham's breast while
they roll in the gulf below.
I killed a man, I don't deny, he threatened to kill me. And for this I am
condemned to die, the jury all agree. But, I and they together must meet
when all things are made known. And if I have shed innocent blood, I
hope mercy will he shown.
Bright shines the sun over Clinch's hills, so soft the west wind blows. The
valley, it is covered all over with bloom, perfumed by the sweet red rose.
But Vance no more shall Sandy behold nor smell it's sweet perfume. This
day his eyes must close in death, his body conveyed to the tomb.
Farewell, my friends and children, dear. To you I bid farewell. The love I
have for your precious souls no mortal tongue can tell. Farewell, my true
and loving wife, to you I bid adieu, and when I reach fair Cannan's shore,
I'll wait and watch for you.
Abner Vance is said to have sang this song just before he was executed,
I worked with the Southwest Virginia Folk Lore Society at Appalachia, VA
to have this formally acknowledged as the oldest song, still in existence
which was written west of the Blue Ridge Mountains. I have both printed
and oral copies of the song and will send them to anyone interested.
I welcome any corrections or additions, Feel free to contact me at any
time.
Grace Dotson