Grand Pockets’s Blog

Genealogy, Family, Poetry and Peeves

chapter XI – ELIZABETH HAYES, DAUGHTER OF NATHAN FLEMING part 1


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ELIZABETH FLEMING was born in Kent County, Delaware, on the 8th of November, 1776. She married Henry Hayes in Harrison County, Virginia. Their home was on Ice’s Run in Marion County. They lived till at least 1844. But the dates of their deaths are not known. Children: (1) Rachel; (2) Jane; (3) Phoebe; (4) Susan; (5 and 6) Elizabeth and Lydia; (7) Fleming; <8> Drusilla; and (9) Horatio.

It may not be out of place to present here a short sketch of the family that will constitute a very large part of the Hayes family. What we have here is of course but a small part of it. We are dealing with but one of the many grandchildren of the original settler.

THE ICE FAMILY

The Ice family is one of the oldest of northern West Virginia. It is of Dutch origin, the original name having been “Iceler.” Before coming to Monongalia County the early members of the family probably spent some time in Delaware and Maryland. Frederick Ice is said to have come to Monongalia County about 1767. Before coming to this county he probably lived some time on the South Branch of the Potomac River in the eastern part of what is now West Virginia. His residence in Monongalia County was first established at a point on Cheat River near the spot where the bridge now spans that stream, the place always having been known as “Ice’s Ferry.” It is likely that he moved in later years to Buffalo Creek near the present town of Barrackville, as several of his sons established homes there in very early times. But little is known of his family. There is a tradition that his first wife and several of his children were murdered by the Indians some years before the family came to Monongalia County. As the story of this Indian affair has been handed down in the family it is to the effect that one son, John, escaped at the time of the massacre and that three other children, William, Mary, and Margaret, were carried away as captives by the savages. There are several variations in the story as to what happened to William after his capture. But probably the best evidence in his case is what appears in the testimony of witnesses in the court proceed­ing hereafter mentioned. It is not known what became of the daughter Margaret. But tradition says that Mary married an Indian and was the mother of Tecumseh and his brother, the Prophet. [This tradition has pretty much been disproven but it makes for fascinating fiction].

Frederick Ice was married a second time, his last wife being Mary Jane Livingston. The date of this marriage is given as March 9, 1752. Their five children were: (1) Andrew, born October 16, 1757; (2)

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Magdalene, born February 16, 1760; (3) Frederick. born July 9, 1762; (4) Abraham, born November 7, 1765; and (5) David Adam, born August 5, 1767. Two of these, Magdalene and Frederick, probably died young, as no further record can be found in regard to them. The others will be mentioned briefly.

Of this John Ice, son of Frederick, but little is known. In 1796 William Ice, the Indian captive, usually referred to as “Indian Billy,” conveyed to James Edger (Edgie), Eden Bayles, Anthony Mahan, and Adam Ice each 100 acres of land on Buffalo Creek and recited in his deeds that the land had been patented to John Ice and that “the said William Ice became heir at law to the same.” This land was surveyed for John Ice on the 1st of June, 1784. The record of the survey shows that he had made an improvement on it in 1773.

William Ice, the son of Frederick, was an early settler on Buffalo Creek. The record of surveys shows that he had a tract of 400 acres surveyed on both sides of Buffalo, May 28, 1785, to include his settlement “made in the year 1770.” On May 3, 1796, he had an additional survey for 56 acres on the same creek. He sold 35 acres to Thomas Scott, September 12, 1797. In 1811 he conveyed 100 acres to the heirs of Joshua Baker.

William Ice died in the year 1826. After his death a suit was brought to settle some matters in connection with his estate from which it appears that he was married three times and had three sets of children, fifteen all told. The suit was brought by the children of his first two wives against his last wife and her four children to set aside a deed that was made by William Ice to his sons, James, Frederick, and Benjamin S., a short time before his death in which he had provided that they were to pay their sister Sarah certain sums of money. It was the contention of the other children that William Ice was not competent to make a deed at the time this deed was made by reason of the infirmities of old age. They set forth in their bill that he was about 96 years old at the time of his death. The deed they complained of was made on the second of March, 1825, just a little more than a year before he died.
Much interesting information in regard to this man and his family may be obtained from the many pages of testimony of witnesses filed with the papers of the case and from the bill and answers filed in the suit. Those who brought the suit were Hayden Bayles and Peggy, his wife, who was a daughter of William Ice, Thomas Ice, Abraham Shrieves and Mary, his wife, who was a daughter of William Ice, John Ice, William Ice, Abraham Ice, Isaac Ice, Benjamin Shrieves and Eve, his wife, another daughter of William, Haden B. Ice, the children of Sally Yost, deceased, wife of Henry Yost, and the children of Susannah Watson, deceased, who was a daughter of William Ice. The names of the children of these two deceased daughters are not given. It is apparent that his second wife had only one child. Peter Straight, one of the neighbors of William Ice, was asked how old the second wife’s child was at the time of William’s third marriage and he replied that it was 9 or 10 months old. But he did not give the child’s name.

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Most of the neighbors of William Ice, many of whom were connected with the Fleming family, were witnesses in this case to tell about business transactions they had had with William Ice and to give their opinion as to his ability to handle the ordinary affairs of life in his later years. A few of them testified on both sides. Those called by the older children were William Quigley, Adam Ice, Andrew Ice, David Ice, John Struet, Mary Ice, John Fordney, William Edgel, Aaron Barker, Patrick Clelland, Priscilla Clelland. Peter Straight, Jesse Ice, Simon Shore, Peter Miller, Elizabeth Featy, T. S. Haymond, John Freeland, William Parker, John Parker, William Beatty, David Musgrave, Allan Hall, Ruth Shrieves. Jacob Shrieves, Boaz Fleming, Jonathan Arnett, William J. Willey, Hazo Parsons, George McCray, and Catharine Gilmore. The defendants had Charles Conaway, Susanna Morris, John S. Barns, Robert McGee, Zackquill Morgan, Catharine Buster, John Conaway, John McCray, Eli Conaway, George Dawson, Patrick Clelland, John M. Quigley, James Jones, Sarah Jones, Michael Floyd, Thomas Barns, Mary Quigley, Elizabeth Conaway (wife of Charles), William Floyd, Andrew Quigley, Henry Hayes. Uz Barns, George Morgan, Alexander Fleming, Hazo Parsons, Mary Conaway (wife of Eli), John Baker, Anthony Koon, Abraham Koon, Rebecca Fordney, Nathan Fordney, and Samuel Burton. From this list it is easy to see what the rest of the Ice family thought about the matter. They seem to have favored the older children.

As is usual in such cases there was quite a difference of opinion as to the mental capacity of William Ice in the later years of his life. But it seems that about all the witnesses agreed that he was almost blind and practically deaf for several years before his death. Yet he was able to do some work all the time. William Quigley and Andrew Quigley said they saw him helping to hoe corn in the spring before he died. Anthony Koon said he had known William Ice before Dunmore’s War and ever since and stated that “he had as much mother wit as any man in the county.

Several of these witnesses had known William for quite a long time. which might be taken as an indication of how many years they had lived in that region. Peter Miller had known him for 31 years, Henry Hayes for about 34 years. and Uz Barns and Peter Straight for about 50 years. Thomas Barns, the man who sold Boaz Fleming the land where the City of Fairmont now stands, said he had known William Ice “since one year after Dunmore’s War and had lived within two miles of him ever since that time, except when they were separated on account of flights from the Indians.”

It is quite evident from this testimony that William Ice was on Buffalo Creek long before the Indians had left this country. His older boys sought to prove by several witnesses that they had worked and helped their father pay to Thomas Wilson a claim he had against the land they lived on. William Edgel and Jesse Ice said they had heard William Ice tell about the hardships and sufferings incident to pioneer life on Buffalo Creek and about the family being driven off their land by the Indians. Peter Straight had been in that region long enough to

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know all about these matters. When he was asked about William and his sons being driven off their farm he said: “They forted on my farm.”

Quite a number of the witnesses said they had heard William Ice tell about the time he was taken by the Indians. William Edgel, Elizabeth Featy, and John S. Barnes made brief references to this matter. Peter Straight and Jesse Ice related that they had heard him say he was with the Indians five years. But John Fordney gave the most important testimony of all as to this. He said he had heard William Ice relate that he was ten years old at the time of the capture and that he remained with the Indians five years.

Andrew Ice and Adam Ice are both referred to in this case as brothers of William. But in one instance, in the testimony of David Ice, Adam is called William’s half-brother. The relationship of some of the witnesses to the Ice family is also brought out. John Fordney was the father-in-law of two of the plaintiffs, the two not being designated. Peter Straight was a brother-in-law of one of the plaintiffs. Ruth Shrieves, the wife of Jacob Shrieves, said her mother was married to John Ice, one of the plaintiffs. John M. Quigley said Jacob Shrieves was a son of one of the plaintiffs. Samuel Burton was a brother—in-law of James Ice.

The result of the suit was that the plaintiffs recovered their shares in the land. On September 6, 1830, William Ice and Rebecca, his wife, of Tyler County, West Virginia, conveyed their interest in this land to John Ice. Eve Shreve and her husband made a deed for their share to John Conaway in 1830. In 1832 Margaret Bayles and her husband, Mary Shreve and her husband, and Isaac Ice and Mary, his wife, conveyed theirs to Abraham Ice. At the same time and by the same deed some other persons, evidently the heirs of Sally Yost and Susanna Watson, conveyed their interests to Abraham Ice. Their names were George Watson and Catharine, his wife, Ephriam Martin and Mary, his wife, Thomas Dunn and Margaret, his wife, Henry Barnhouse and Matilda, his wife, and Jonathan Freeland and Mary, his wife. Henry Barnhouse lived in Monongalia County at that time. The Freelands lived in Ohio. The others lived in Tyler County. Hayden B. Ice, who wrote his name “Aden B.,” and Elizabeth, his wife, of Tyler County, transferred their interest to Thomas Ice in 1833. James S. Ice sold his share to Henry Barnhouse; Frederick, his to Peter Hammond; Benjamin S., his to Andrew Ice, Jr.; and Sarah Ice, hers to William B. Ice. At the time of these conveyances all these younger children, except Benjamin, lived in Monroe County, Ohio. He lived in Perry County, Ohio.

Thomas Ice, son of William, died in 1840, mentioning in his will his wife, Drusilla, and five children, to-wit: Andrew, Mary, Sarah, Phoebe, and Isaac W.

Andrew Ice, son of Frederick, made a settlement on a tract of 400 acres of land on Cheat River in 1772. He conveyed it to Jesse Ice in 1828. The record of his survey of 400 acres on Buffalo Creek states that there was a settlement made on it in 1774. This tract on Buffalo Creek with other land he later acquired there was conveyed away in 1828, 128 acres to Abraham Ice, 182 acres to Frederick Ice, and 216

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acres to Allen Hall and Elizabeth Hall. his wife. The marriage bond of Elizabeth Ice and Allen Hall states that she was a daughter of Andrew Ice. They were married on the 30th day of October, 1816. Frederick, Abraham, and Jesse were his sons.

Andrew Ice was a soldier in the Revolutionary War. About 1833 he moved to Henry County, Indiana. He died on the 13th day of March, 1848, and was buried with military honors in a small grave yard on the farm of his son, Frederick Ice. About 1895 the Paul Revere Chapter of the D. A. R. of Muncie had his body removed to the cemetery at Mt. Summit, Indiana. His wife was Mary Bayles, a daughter of William Bayles.

Frederick Ice, a son of Andrew, was born on the 10th day of January, 1796, and married Malinda Fleming, a daughter of Thomas Fleming. Further mention is made of him in connection with the Thomas Fleming family.

Abraham Ice, son of Andrew, was born in 1785. He died in Marion County on the 22nd day of September, 1863. He married Phoebe Ice, a daughter of Adam Ice. They had five children: Serilda, who married Stewart Cooper; Elvira, who married William Hunt; David M., who lived in Marion County; Andrew S., who married Melissa Hamilton and is mentioned in connection with the Hamilton family; and Luther S., who lived in Wells County, Indiana.

Jesse Ice married Sarah Hickman. He was an officer in the War of 1812. He went with his father and brother Frederick to Henry County, Indiana.

David Adam Ice was born, according to the family record, on the 5th day of August, 1767, in Monongalia County at Ice’s Ferry on Cheat River, being the first white child born in Virginia west of the Allegheny Mountains. He married Phoebe Bayles, a daughter of William Bayles.

She was born on the 20th day of February, 1770, and died on the 14th day of February, 1856.

Adam Ice, who got the David in his name in honor of David Morgan, the famous Indian fighter of Monongalia County, performed some services for his country during the Revolutionary War. On Monday, the 27th day of February, 1837, he appeared before the County Court of Monongalia County and made the following statement in order to obtain a pension for his services in the Revolution:

“Adam Ice, in open court, made the following declaration as to his services in the Revolutionary War:
Says upon oath the first day of June next he will be, if he lives, seventy-seven years old; that he was born and raised in the County of Monongalia: that he was about sixteen years old when the Revolutionary War commenced. The services he performed first were under the then Captain (afterwards Colonel) Zacquil Morgan in the militia of the state of Virginia posted in Prickett’s Fort on the Monongahela River between one and two years in commencement of Rev. War time. Not exactly recollect. That on an average there were not more than forty armed men in the fort: that during his continuance in the fort they had no battle with the Indians, only occasional skirmishes in the neighborhood when the Indians came to plunder and

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kill a few families they were then pursued by the soldiers in the fort. That in the years of 1778 or ‘79 he was placed under the command of Captain Owen Davy with between 30 or 40 other men and stationed on the West Fork of the Monongahela River. The camp was called Owen Davy’s Station, was under him six months, discharged about Christmas. The next service he performed he was drafted and placed under the immediate command of Lewis Rogers, then a captain in the Militia: that he drove with Thomas Day and others pack horses from Union- town (then called Beesontown) to Hardin’s Fort, (Rieves) Fort, and to Pickett’s Fort. That this tour of duty was for three months, packing provisions for the use of those in the forts; that he and Day had twelve pack horses to take care of, feed, and drive. That he believes that John McFarland had the chief command; that he thinks the service was performed about the year ‘79 or ‘80. That this is all the service he performed in the employ of the State of Virginia when actually called into service. But that he carried arms nearly all the time of the Indian wars, occasionally pursuing the Indians when they came into the settlement in small parties to commit depredations, as almost every able—bodied man then living in this section of the state did. That he does not recollect of being sick or failing from any cause from pursuing the duties required of him by the officers under whose command he was placed during his different terms of service amounting all together to upwards of two years besides other duties he performed as above related.”

He had ten children: Mary, who married Jack Robinson and had no children; Margaret, who married John Nelson and had no children; Rawley, mentioned below; William Bayles, who married Dorothy Straight and has numerous descendants in Marion County: David, died single at the age of 25; Nellie, the wife of Benjamin Freeland: Phoebe, the wife of Abraham Ice; Sarah Elma, who married William Whitehead; Elizabeth, died young; and Jesse, died young. He died in Marion County on the 5th day of July, 1851.

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1 RACHEL HAYES was born on the 18th of June, 1797. She married Rawley Ice, a son of the Adam Ice above mentioned. They were married on the 12th of November, 1818, and lived near Logansport in

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Marion County. She died on the 5th of March, 1875; her husband, on the 14th of October, 1875. Children: (1) Arah, died at 14; (2) Oliver Perry; (3) Fielding Riley; (4) David Marshall, died in infancy; (5) Henry Miner: (6) Jesse Urbanus, died in childhood; (7) Silas Jackson, died at 15: <8> Elizabeth: (9) Adam Rufus; and (10 and 11) Rawley Ethan and Phoebe Jane.

Oliver Perry Ice (1-2), born May 15, 1821, married Sarah Ann Dent, daughter of Dudley Evans Dent, January 12, 1840. His first wife died on the 6th of September, 1851: and he afterwards, December 21, 1851, married Martina Cunningham, daughter of Nelson E. Cunningham. They lived near Mannington in Marion County. He died on the 6th of November, 1905: his last wife, on the 20th of June, 1905. Children: (1) Zerilda Jane; (2) George Riley; (3) James Kidwell; (4) Beth Sheba, died in infancy; (5) Charlotte Belle, died in childhood; (6) Sarah Elma, died in childhood: (7) Thirza Louisa, died in childhood; <8> Mary Virginia: (9) Olieva; (10) Sherrard Clements; and (11) Margaret Elizabeth. The last five are children of the second marriage.

Zerilda Jane Ice (1-2-1), born April 6, 1841, married John Ullom. He died in Libby Prison during the Civil War; and she afterwards married Samuel Poole. During the Civil War period she lived at Urbana, Illinois. Later she moved to West Virginia and after that went to Paris, Tennessee, where she died on the 31st of January, 1905, and lies in the Chapel Hill cemetery northeast of the town. Children: (1) Josephine Ullom: (2) William Jackson Ullom; and (3) George Wise Ullom, died young.

Josephine Ullom (1-2-1-1) disappeared from high school in Urbana, Illinois, when her mother was in West Virginia, and the members of her family never saw her afterwards, although it has been rumored that she was married and was living a few years ago.

William Jackson Ullom (1-2-1-2) married Della Ayers and lived in Texas till his death several years ago. He had one daughter, Grace, and three other children, whose names are not known. Grace is said to be still living in Texas.

George Riley Ice (1-2-2), born March 4, 1842, was a soldier under General Curtis and died of pneumonia at Champaign, Illinois, in November, 1861.

James Kidwell Ice (1-2-3), born April 8, 1844, at Mannington, married Nancy Jane Butcher, daughter of William Jackson Butcher, September 20. 1863, and lived at Gifford, Illinois. He died on the 2nd of September. 1925; his wife, on the 25th of March, 1930. Children: (1) Enoch Lee, died in infancy; (2) Hortense; (3) David Winfield, died at 19; (4) William Horace, died at 9; (5) Melodora; (6) Eugenia, died in infancy: (7) Marinda: <8> Sterling, died at 19; (9) Laura Frances; (10) Nellie Gertrude: (11) Constance; (12) Marshall Dent, died in infancy; and (13) Noel Carlyle.

Hortense Ice (1-2-3-2), born August 17, 1866, married Rush Carley,

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son of Edward N. Carley, September 24, 1890, and lives at Sparta, Illinois. Children: (1) Paul Sterling; and (2) Lois Virginia, deceased.

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Paul Sterling Carley (1-2-3-2-1), born July 5, 1898, married Ruth Anderson, daughter of O. W. Anderson, April 29, 1922, and lives at Kingston, Jamaica. Children: (1) Paul Sterling, deceased; (2) John Michael; (3) Ruth Ann; and (4) James Anderson.

Melodora Ice (1-2-3-5), born March 12, 1872, was the first woman architect to graduate from the University of Illinois. She married Lewis R. Stritesky in 1906 and lived at Spokane, Washington, till her death on the 2nd of May, 1908. Her only child is Mildred Nellie, who was born on the 16th of April, 1908, and now lives at 3220 East Second St., Long Beach, California.

Marinda Ice (1-2-3-7), born June 7, 1876, graduated with a B.A. degree from the University of Illinois in the class of 1897. She married Earl Middleton, son of Rev. Samuel Middleton, May 2, 1897, and lives at 1714 Cromwell Hill, Austin, Texas. Children: (1) Errol Bathurst; (2) Virgil Wayne; and (3) James Dent.

Errol Bathurst Middleton (1-2-3-7-1), born January 23, 1898, has both an A.B. and an M.A. degree from the University of Illinois. He married Grace Nicholson, daughter of Thomas Nicholson, September 6, 1922, and lives at College Station, Texas, where he teaches chemistry in the Texas A. & M. College. His only child is Grace Elizabeth.

Virgil Wayne Middleton (1-2-3-7-2), born December 12, 1900, married Lovisa Hammerly, daughter of Jacob Hammerly, June 20, 1922, and lived at Galveston, Texas, till his death on the 8th of March, 1934. No children.

James Dent Middleton (1-2-3-7-3), born May 12, 1905, married Clara Lois Evans, daughter of Walter Evans, February 24, 1928, and lives at Montgomery, Alabama. Children: (1) James Dent, Jr.; and (2) Barbara Ann.

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