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Archiver > BURNETT > 2001-06 > 0993963523


From: "June Bork" <>
Subject: [[BURNETT LIST] The Hanging of Crawford and Lavinia Burnett (Va>Ky>Ar)
Date: Sat, 30 Jun 2001 21:58:43 -0700


This story was omitted from the first edition of The Burnetts and Their
Connections, Volume One and has since been added. The life story of
Crawford Burnett and his wife Lavinia Sharp was tragic indeed and was
included in hopes of finding their missing children. They had at least
eleven children, however only two have been proven: John and Minerva.
There are still seven sons and two daughters who possibly went to Texas by
1850 (or even California) and after 150 years, are still unknown today. I
believe their story has been a well-kept secret by their descendants. Some
of our unknown Burnetts out there belong to this family. Surely, the
grandchildren of Crawford and Lavinia named their children after some of the
other family members.
Research by June Baldwin Bork.

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1B16314) Crawford Burnett, son of John Burnett Sr., and Elizabeth Tate

Crawford was born about 1785 in Hanover County, Virginia and died 8
November 1845, age 60 years in Washington County, Arkansas in the town of
Fayetteville. He was hanged for murder along with his wife and son.
On the 2nd of January 1811 in Patrick County, Virginia, Mr. Crawford
Burnett was married to Miss. Lavenia Veny Sharp by Rev. Brett Stovall.
The bondsman for their marriage was William N. Sharp and witnessed by
Leonard Sharp. Lavenia was born about 1790 and died with her husband.
Like the other children of John Burnett Sr., Crawford was educated and
could read and write. He was listed on the Patrick County tax list from 1806
to 1810 with only one horse, valued at $12.00. In 1811, he acquired one
black man and his tax was for the year was 56.00. Crawford and his wife
continued living in Patrick County and were missing on the 1823 list. They
appeared in the Trigg County, Kentucky Tax List in 1824 through 1830 when
they left Trigg County and did not return. In 1840, Crawford was the only
Burnett found in Washington County, Arkansas in Cain Hill Township (p.263),
but perhaps there were members of Lavinas family near-by. The Sharps
living there in 1840 were: Adam, George W., James N. and William Sharp.
Lavinia was the daughter of Richard Sharp of Patrick County, Virginia. Cain
Hill Township was very near the border of Benton County where Reuben Burnett
and Nancy Tuggle Burnett lived along with other kin.
Crawford received $1171.25 in his fathers lifetime and owned 195 acres in
Trigg County. His Trigg County records are found in Volume One of The
Burnetts and Their Connections under his brother Cornelius record as both
lived as side by side neighbors.

1817 Oct 16 - Patrick Co, Va Deed Bk 4:449
Jeremiah Burnett Sr., sold to Crawford Burnett 80 acres for $390.00 on
north side of Smith River and mouth of Turnip Creek, being part of tract
which was deeded to Jeremiah Burnett Sr., by Reuben Harris on 1 march 1817;
Lines between John Burnett & Crawford Burnett...Turnip Creek...down the
river to tract of Jeremiah Burnett [deeded by Reuben Harris]. /s/ Jeremiah
Burnett.

1822 Sep 24 - Patrick Co, Va Deed Bk 6:176
Crawford Burnett and Luvenia his wife to Jeremiah Burnett Jr... 441 acres
for $1200.00 on Smith River and the waters thereof.
/s/ Crawford Burnett, Lavinia (x) Burnett. Wit: Brett Stovall, Isaac Adams,
A.H. Stovall.

1820 Census of Patrick Co, Va in comparison to 1830 Census of Trigg Co, Ky.
Children in the house of Crawford and Veny Burnett
male0-10 (1810-20); missing in 1830, b. ca 1812.
male0-10 (1810-20); missing in 1830, b. ca 1814
male0-10 (1810-20); at home in 1830, age 15-20 (b. ca 1815)
female0-10 (1810-20); at home in 1830, age 10-15 (b. ca 1817)
male 0-10 (1810-20); at home in 1830, age 10-15 (b. ca 1819)
female0-10 (1810-20); at home in 1830, age 10-15 (b. ca 1820)
male - - - - - - - - - - - -; at home in 1830, age 5-10 (b. ca 1821)
male - - - - - - - - - - - -; at home in 1830, age 5-10 (b. ca 1823)
male - - - - - - - - - - - -; at home in 1830, age 0-5 (b. ca 1825)
male - - - - - - - - - - - -; at home in 1830, age 0-5 (b. ca 1827)
female - - - - - - - - - - -; at home in 1830, age 0-5 (b. ca 1829-30)
[Minerva?]

The 1830 Census of Trigg County, Kentucky shows the two eldest sons are
missing from the home, but an additional four males and one female were
added to the family. A total of 11 children were born by 1830 and we have
only proved two children, John and Minerva, age about 15 in 1845. The names
of nine children are missing, 7 sons and 2 daughters.

The Trigg County Tax List shows Cornelius Burnett Sr., with 727 acres on
Casey Creek; his son Cornelius Burnett Jr., who became age 21 in 1820 and
his nephews, Crawford Burnett who came to Trigg County in 1824 and his
brother Cornelius Burnett who came in 1826, both sons of John Burnett Sr.,
son of Isaac Burnett and Sara Small. Cornelius Sr. was brother of John Sr.

Over the years, I have heard many stories regarding Crawford Burnett.
After he left Trigg County, Kentucky, no one seemed to know what happened to
him (or at least they were not telling). His brother Cornelius died there
in Trigg County in 1833 and the tax list shows Crawford never returned.
Most accounts say Crawford and Lavinia moved to Texas with his numerous
family of children, but this has been disproved as we now know the end of
the story. The Texas stories do have some merit as I believe Crawford and
Lavinias unknown children were the ones who moved to Texas to avoid the
scandal of their parents.

The following story was printed in a Washington County, Arkansas Newspaper
about 1950 (some parts are illegible):

HUSBAND, WIFE and SON HANGED AFTER BEING
FOUND GUILTY of MURDER BACK IN YEAR 1845"
The early history of Washington County was not, for a frontier country,
particularly bloody. But the period from 1829 until well up toward the turn
of the century was a time when most men went armed and violence was accepted
as a natural part of frontier life.
And Northwest Arkansas was, even many years after the founding of
Washington County, a frontier. To the west was the Indian Territory, noted
as home territory for outlaws and cut-throats. The Ozark Mountains served
as home to many men who had, all their lives, depended on their weapons for
security.
By 1845, Fayetteville, the county seat, had known several murder trials -
mostly ending in acquittals - but none of the defendants has been executed.
THREE ARE HANGED - But in the fall and winter of 1845 - 105 years ago this
winter - a man, his wife, and their son were hanged in Fayetteville for the
murder of a recluse who had lived near Fayetteville. Many people believed
the trio not guilty, but a daughter of the older suspects gave testimony
which clinched the case for the state and ended in a death verdict for the
couple and their son.
During the late summer of 1845, a bachelor named Jonathan Selby was
murdered at his home several miles outside of Fayetteville. The theory was
that Selby had been killed for a large sum of money he supposedly kept
hidden in his home. Selby was possibly the first, but far from the last,
Washington County resident to be slain for money supposedly hoarded under a
mattress or in the attic.
Why suspicion fell on Crawford Burnett, his wife, Mrs. Lavinia Burnett and
their son John is not now known. The parents were arrested and jailed but
the son John had left for Missouri and could not be found.
Following the arrests the Burnetts 15 year old daughter, Minerva,
reported that the murder had been planned by her mother and father, and
carried out by her absent brother. Some of the countys most capable and
respected attorneys doubted the childs story, but the jury believed it.
Mr. and Mrs. Burnett were tried at a special term of Circuit Court in
October 1845. Interest in the case ran high. In an area where the
population was still small, most people knew either the victim or his
alleged slayers and opinion was divided.
The special term opened Friday October 3rd with Circuit Judge Gibson G.
Sneed , presiding Sheriff Elijah OBrian was ordered to summon 38 men for a
Grand Jury. The Grand Jury was empaneled without waste of time, instructed
by the prosecuting attorney, A.H. Greenwood and retired to deliberate.
Before noon, Thomas Wilson, foreman of the Grand Jury, reported that the
jurors had indicted Crawford and Lavinia Burnett on a charge of murder in
the death of Selby.
The following day, Saturday, October 4th, both defendants pleaded not
guilty and asked for a trial by jury. Judge Sneed ordered the sheriff to
secure a jury panel and released Minerva Burnett, the daughter until Monday,
October 6th under a $100 bond. A second witness, Hardin Sharp was freed
under a similar bond.
Court convened Monday morning and the Burnetts attorney Charles G. Baylor
asked to be relieved of his duties. Judge Sneed complied with the request
and appointed Isaac Stinin and James Neil as defense attorneys. A third
Fayetteville lawyer, Isaac Murphy later to serve as governor of Arkansas,
volunteered to aid the defense.
Burnett and his wife were tried separately. On Wednesday a jury was
assembled to hear the case against Crawford Burnett. The testimony given by
his daughter Minerva... [illegible] that the jury had found Burnett guilty
of first degree murder.
The following day, Lavinia Burnett went on trial for her life. His
attorneys attempted to ... the testimony of Hardin Sharp...Nothing is now
known of Sharps testimony... Again Minerva Burnett testified that she had
heard her parents plotting the death of Selby with her brother John. As in
the previous trial the jury deliberated briefly before returning a guilty
verdict.
On Tuesday, October 10th, Judge Sneed pronounced sentence on the two
defendants, ordering them taken to the common gallows and hanged by the
neck until dead. On Saturday, November 8th, both Burnett and his wife were
hanged from a gallows where the National Cemetery is now located.
The court had ordered that the sentence be carried out between 12 oclock
noon and 3 p.m. A large crowd had gathered some time before the executions
and it appears that almost every person in the county who was able to reach
Fayetteville that day was on hand by the time of the executions.
A few days after the execution of his parents, John Burnett was arrested
in Missouri and returned to Fayetteville for trial. The youth, his exact
age is unknown, was promptly tried in Circuit Court before Judge Sneed,
found guilty and sentenced to death.
Young Burnett was indicted by a Grand Jury December 1st and efforts to
select a jury began the following day. Although no record of the
proceedings was kept in those days, the bare record of court proceedings
indicates that Burnetts attorneys put up a fight. The lawyers appear to
have believed in the innocence of their client, but the testimony of the
sister convinced the jury that Burnett was guilty and on December 26th, the
day after Christmas, John Burnett was led to the gallows where his parents
had died and hanged by the neck until dead."
(The testimony of the case was reviewed by many well-known and highly
influential attorneys after the death of the three Burnetts and it was the
general consensus that the daughter Minerva lied about her parents and
brother out of revenge. I wonder what happened to her?).
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