• Born 7 September 1848 - Meriwether Co, Georgia
  • Deceased 23 May 1935 - Meriwether Co, Georgia,aged 86 years old
  • Buried - Luthersville, Meriwether Co, Georgia

 Parents

 Spouses and children

 Siblings

 Notes

Individual Note

source: Upshaw.FTW - 1 REPO - 2 CALN - OtherDate of Import: 21 May 2010

residence:[between 1848 and 1935]Meriwether Co, Georgia(source: Upshaw.FTW - 1 REPO - 2 CALN - Other)

reference: 7884
2 CONC [Upshaw.FTW]

1. 1850 census, Meriwether Co., GA, dwelling #415: (household of William Upshaw): Nathan Upshaw, age 1, born in GA.

2. 1860 census, Meriwether Co., GA, dwelling #614: (household of Wm. Upshaw): Nathan Upshaw, age 11, born in GA.

3. 1869, August: Meriwether Co, GA, Superior Court Minute book 1867-1873, page 284: The State vs. George W. Teagle, Nathan Upshaw, O.H. Davis, C.H. Davis; Murder. True Bill, Joseph H. Gaston, foreman.

4. 1870, 14 Feb: Meriwether Co., GA, Marriage Book C, page 63: Nathan H. Upshaw & Miss Martha B. Miller.

5. 1870 census, Meriwether Co., GA, page 359, Rocky Mount: (household of William Upshaw): Nathan Upshaw, age 21, born in GA.

6. 1870, August: Meriwether Co, GA, Superior Court Minute book 1867-1873, page 379: The State vs. Nathan H. Upshaw; Murder. True Bill,, W.F. Slaton, Foreman. W.A. Adams, Sol. Genl. D.M. Allen, Prosecutor.

7. 1870, August: Meriwether Co, GA, Superior Court Minute book 1867-1873, page 384: The State vs. Geo. W. Teagle, Nathan Upshaw, O.H. Davis, C.H. Davis; Murder. The following named persons were regularily stricken to try and determine the above stated case as to Geo. W. Teagle and Nathan Upshaw, to wit: Jno. F. Haynie, A.H. Watson, R.R. Hutchenson, Ruft. Bedenenbaugh, S.A. Sims, Martin Carden, Jas. C. Crowder, Thos. T. Duncan, R.P. Rosser, Jno. P. Porter, G.B. Huddleston, Chas. F. Harriss. We the jury find the defendants George W. Teagle and Nathan Upshaw not guilty. Jas. C. Crowder, For.

8. 1870, August: Meriwether Co, GA, Superior Court Minute book 1867-1873, page 384: The State vs. Nathan H. Upshaw; Murder. Meriwether Superior Court, August Term 1870. Copy Bill (of) indictment list of witnesses sworn before Grand Jury & form of arraignment waived Augst. 18, 1870. G.L. Peavy & Hugh Buchanan, Dfts. attys. The defendant arraigned and plead not guilty, August 18, 1870. W.A. Adams, Sol. Genl.

9. 1870, August: Meriwether Co, GA, Superior Court Minute book 1867-1873, page 385: The State vs. Nathan H. Upshaw; Murder. The following named persons were regularily called, sworn and empannelled to try and determine the above case, to wit: R.R. Hutchinson, S.A. Sims, Martin Carden, Jas. C. Crowder, Jno. P. Porter, W.T. Davis, B.M. Leverett, B.W. Williams, G.C. Maffett, John Caldwell, B.L. Sims, Jno. T. Sims. We the jury find the prisoner guilty of involuntary manslaughter in the commission of an unlawful act. B.M. Leverette, FM.

10. 1870, August: Meriwether Co, GA, Superior Court Minute book 1867-1873, page 405-407:
THe State vs. Nathan H. Upshaw; Indictment for murder in the Supr. Court of Meriwether County and verdict of guilty of involuntary manslaughter in the commission of an unlawful act.
The State, through the Solicitor General William A. Adams, is required & ordered to show cause why said verdict should not be set aside and a new trial granted to the defendant on the following grounds:
1st. Because the defendant has never been arraigned in said case, the bill of indictment has been read to the defendant and the defendant has never been called on nor had an opportunity to plead to said indictment whether he was guilty or not guilty.
2nd. Because defendant proposed to prove by T.P. Gibbs, a witness introduced by the State, that Turner L. Upshaw, the deceased, on the morning of the 28th day of December 1869, said to witness that he would stomp defendants guts out the first time he saw him, which evidence the court rejected and refused to let go before the jury.
3rd. Because one ground of defendants defense was and it was fully set up in the arguement that the shooting of Turner L. Upshaw was an accident unintentional on the pert of the defendant and the evidence made it a case of accident misfortune or misadventure in law and that the court wholly and entirely failed to charge the jury on this branch of defendants defense and never in his said charge mentioned either of the words accident, misfortune or misadventure.
4th. Because the Court in his charge to the jury did not charge them what it took to constitute involuntary manslaughter and never in his said charge [page 406] informed the jury wherein involuntary manslaughter in commission of an unlawful act differed and was distinguished from involuntary manslaughter in the commission of an unlawful act without due caution and circumspection, all the Court did in his charge on this grade of homicide was to read the section of the Code pertaining thereto without any comment or explanation thereon.
5th. Because the jury, after they had returned to make a verdict, came into court and, after their names were called and the foreman said they had agreed on a verdict, the defendants counsel asked that they be polled, each jury [member] answered that the verdict written on the bill of indictment was his verdict when the same was received and read, was in the words following "we the jury find the defendant guilty of involuntary manslaughter". The Court at this instance of counsel for the State directed the jury to return and to the words in their verdict and the words in the commission of an unlawful act or the words in the commission of an unlawful act and omitted the words without due caution and circumspection.
6th. Because the verdict is contrary to law.
7th. Because the verdict is without evidence.
8th. Because the verdict is contrary to the evidence.
9th. Because the verdict is strongly and decidedly against the weight [of] evidence.
(signed) John S. Bigby, J.S.C.T.C.
[page 407]. I acknowledge due & legal service of the within notice for a new trial, waive copy & notice of the same and for the service waived. August 20th, 1870. W.A. Adams, Sol. Genl.
The within motion for a new trial after arguement had is hereby overruled and ordered to be disallowed by the couret and this rule nisi discharged. August 20th, 1870. John S. Bigby, J.S.C.T.C.

11. 1870, August 20: Meriwether Co, GA, Superior Court Minute book 1867-1873, page 416:
The State vs. Nathan H. Upshaw; Murder in Meriwether Superior Court, August term 1870. The defendant, Nathan H. Upshaw, having been put upon trial & having plead not guilty and the jury sworn & empannelled to try the said issue, having returned a verdict of guilty of involuntary manslaughter in the commission of an unlawful act. It is therefore ordered, adjudged & sentenced by the Court that the defendant Nathan H. Upshaw, be by the Sheriff of said County, be taken from the Bar of this Court to the common jail of said County & by him safely and securely kept in said jail until the said Nathan H. Upshaw shall be remanded by a guard to be sent from (sic) the Penitentiary of this State & that the said Nathan H. Upshaw be, by said guard, safewly and securely conveyed to said Penitentiary therein to be safely kept or at such other place or places as the Governor of said State may direct, at hard laborfor the term of two years to be fully completed and ordered(?) from the time of his reception in said Penitentiary by the keeper thereof. August 20th 1870. (signed) John S. Bigby, J.S.C.T.C.

12. 1880 census, Meriwether Co, GA, page 187C (all born in GA): Nathan Upshaw, age 31; Nettie Upshaw, age 28; Mannie Upshaw, daughter, age 9; Carrie Belle Upshaw, daughter, age 7; Willar Upshaw, son, age 5; Harov Upshaw, son, age 1.

RESEARCHERS & CORRESPONDENTS:

1. (1970s) Mrs. J.E. Shannon, 3375 Barnard Rd., Saginaw, Mich. 48603 (Mrs. Shannon is grand daughter of Nathan & Martha (Thornton) Upshaw)

Family Note

Marriage with Martha Bennetta Miller:

reference: 184232

Marriage with Martha Ella Thornton:

reference: 184236

 Sources

  • Birth, Spouse 1, Spouse 2, death, burial: Upshaw.FTW - 1 REPO - 2 CALN - Other - Date of Import: 21 May 2010

  Photos and archival records

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 Family Tree Preview

Leroy Upshaw ca 1750-1826/ Elizabeth Bradley ca 1751-1818/ John Faulkner 1750-1817 Sarah Tinsley 1756-    
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Forrester Upshaw 1770..1772-1850/ Ann Faulkner 1770-1836/  
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William Upshaw 1804-1892 Mary Gibbs 1809-1899
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Nathan Haston Upshaw 1848-1935