Person Page - 5

     Henry Sharp was Farmer. He was born on 24 September 1779 at Southhampton County, Virginia.¹ He was was a buyer at the estate liquidation of the property Thomas Edwards, his wife's step-father, on 19 March 1814 at Maury County, Tennessee.² He died after 1841 at Lawrence County, Tennessee.¹

     Mahala Matilda Gurley was also known as Mary Ann.² She was born on 10 January 1823.² She was born on 10 January 1825.³ She died on 3 September 1862 at age 37.²

     Mary Massey was born in 1834 at North Carolina.¹ She married Rufus Woodard, son of Joseph Woodard, after 1850; based on age.

     William Rutledge Gurley was born on 22 February 1821 at Alabama.^2,3 He and Sara Ann Criner obtained a marriage license on 6 January 1844 at Madison County, Alabama.⁴ William Rutledge Gurley married Sara Ann Criner on 11 January 1844 at Madison County, Alabama.^5,6,4 William Rutledge Gurley was involved in a land transfer when John Lamberson deeded land to him. on 9 January 1848 at Madison County, Alabama.⁷ He served as a county Commissioner in October 1856 at Madison County, Alabama.⁸ He recieved a note from the the Union Army to W. R. Gurley referring to the use of two black boys needed for work on U.S. Army fortifications in Stevenson, located near the Tennessee River slightly north of Scottsboro. It is highly unlikely the Union Army would pay a Southerner for the use of his slaves for labor. This note would be more in the context of an order to press these boys into service for specific labor. Of course it is not known whether the boys were paid any wages by the army, likely not.

The note read as follows, "Gurleys Station, Aug.5/1862
Impressed for the use of the government to work on fortifications at Stevenson, two Negro boys said to belong to W. R. Gurley.

By Order of,
Col. C. B. Harker
H. D. Stereight Col.
51 st Indiana Vol.

It appears the W.R. had several slaves, the following note was also found in his records The following note (below) was written to William R. Gurley by a Doctor DeBorn and refers to treatment of an apparent injury to either a slave or farm hand.It was written sometime in the 1860s or 1870s.

Mr. Wm Gurley

My Dear Sir,
I have examined your man and have furnished him with a plaster, which I want you have spread on a piece of thick cloth 4 inches wide and 12 inches long to be applied from the back of his neck between his shoulders, over his back bone. Let him wear this as long as he can bear it, then remove it and let it be off for some twelve hours. To apply again have the plaster well cleaned and spread fresh plaster on it before applying, let him wear a greasy cloth over the part where the plaster was applied, while the plaster is off.
Yours truly,
Ino. B. DeBorn


on 5 August 1862.⁹ He William Rutledge Gurley (1821-1888) kept meticulous records and notes of various local transactions. A large ledger was found dated from 1876 to 1881. The ledger showed a listing of accounts which included some of the top names in Gurley. The ledger included about every type of item you could imagine from food to clothes and from labor rendered to personal loans. It is unclear exactly what William Rutledge Gurley did for a living but like most folks of that day, he probably had his hand in several ventures. He might have been the town bookkeeper keeping the daily records for those folks who did not like to keep up with their own finances. With this ledger, it appears he kept the books for either a general mercantile store or a combination of a store and individual personal expenses and records for a number of citizens. The latter seems most likely.

Some of the names set up as specific accounts in the ledger are as follows:
Allen King, James T. Thompson, Charles Childres, Bill Jones, Black Smith Shop, John E. Wakefield, Henry Bennett, William Miller, James Miller, John F. Childres, William Brandon, John W. Gurley, Frank B. Gurley, Jack Clark, William T. Bennett, Emmitt Jones, Jack Bell, John Bell, John W. Hawk, Robert Ragin, Milly Allison, J. R. Gurley, John Hancock, A. J. Clark, Rina Woods, C. C. McBroome, John Carruack, Dan Blankenship, William J. Paris, William Adair, Thos. G. Morrow & Co., McClung & Figures, and an account for himself labeled as "Money expended and Money Received." A few of these names are thought to be laborers and farm workers.

The ledger appears to include both credit accounts and cash transactions for goods sold and services rendered. The Debit column shows the amount of the sale and the Credit column shows money collected. There is also a section called "Accounts for Cash" and listed all the transactions made for cash. There is even a section called "Inventory of Property, January 1880". This appears to be a listing of all the personal property owned by William Gurley on January 1880. Some of the listings and values are quite interesting. Examples of his property were:

400 acres of land - $4000
1 house and lot in Gurleyville - $500
In house - $500
1 horse - $100
2 mules - $200
2 young cows -$10
1 young bull - $5 200 cottonseed - $20
2 double shovels - $8
1700 # pork .05c - $85
1 wagon - $50
2 small plows - $8

His total property inventory was shown at $5,803.50. In 1880, this was a fairly decent estate, especially at a time when one dollar would buy basic food staples for a couple of days.

The example left is the Frank B. Gurley account. The blue ink used is fading and somewhat hard to read from this picture. Captain Gurley's account was long and had to be continued on page 59. His debit balance was $470.60 and the credit column showed payments of $440.20 leaving a balance owed of $30.40. Apparently Capt. Gurley was a good credit risk and paid his bills on time. Most of Gurley's expenses were for cash paid out to different persons for various jobs rendered. For example, on Sept.1st 1876, he paid Dick Wells & A. Clark for cutting 54 telegraph poles - $52.

On May 30, 1877, Frank Gurley was given $21 in silver to buy a saddle blanket and on August 27th, he got $10 to ride up to Tennessee.

Bill Miller was not so credit worthy. He ran up a bill for $3.25. He had purchased one pair of boots - $2, paper of tacks - .05c, goods for pants & shirt - $1, and one straw hat for .20c. He quit work on July 10th and $3.25 was taken out of his wages to settle up.

There were a lot of entries for monies owed to Jas B. Joplin. Mr. Joplin was Gurley's first mayor and he operated the first general store there. Many of these entries appear to be for purchases from his general store which further leads us to believe William R. Gurley was a bookkeeper and kept books for several different people and businesses.

There was even an account set up for "King of Paint Rock". This may have been some kind of small business because it is doubtful if there was too much royalty in the valley at the time.

William R. Gurley also used his ledger to make personal notes about things. On page 156 he started listing the weather for the first twelve days of 1881. He finished with the fourth day and then stopped.

Jan. 1st - Cold and cloudy, snow in evening, cleared sometime during the night.
Jan. 2nd - Clear in the morning, heavy frost, snow melted very fast.
Jan 3rd - Cloudy all day, sleet a few drops early in the morning, rain in for part of the night.
Jan 4th - Commence to drizzle in early part of the day, very cold and continued to rain sharply during the day. At night the air still heavy and very foggy and cold with some ice and snow on ground.
Perhaps after four days of cold and rainy weather he wasn't in the mood to record it any longer.

On page 158, Gurley wrote a draft for an indenture or deed between he and his wife Sara, to deed some land for the purpose of erecting a white public school house to the township. The draft places the date as 1878 and spells out the description of the land in detail. It is not known whether this was ever done because we do know that it was Capt. Frank B. Gurley that deeded land for the original Robert Donnell Academy in 1893. In the ledger however, entries keep showing up for cash given to the school house. It was most likely a small frame elementary school house was built around 1879-1880 on the Gurley property described in the draft.

On page 160, Gurley wrote a recipe for apple jelly or other fruit jelly.
Boil fruit in water until a pulp. Strain through a cloth. To every pint of fluid, add ¾ pound sugar for sweet and 1 pound for acid fruit. Put on the fire and stir. When it begins to boil, take out the spoon and let it boil a full 15 minutes and no more. Pour into jar.

It is interesting to read about all the different transactions entered in the ledger. They included almost every goods and service available at that time. There were transactions that involved bartering or swapping one item for another. One entry swapped cotton for 12 cedar ties. There were a lot of transactions for cotton and cedar ties. We know these two items were some of Gurley's best cash resources during the late 1800s and early 1900s.

Let's look at some of the items people purchased
And look at the prices they paid in the 1870s.

Pair of shoes: $1.50
Syrup @ .40 c per gal.
One bucket: .35 c
One dress from Matilda: 4.50
Sack of flour: .75 c
Bag of coffee: 1.00
Snuff: .40 c
Shoeing mules: 1.00
Cord of wood @ .75 c per cord
Lb. butter: .25
Slab of bacon: 1.00
Whiskey @ .40 c per pint
Bar soap: .10 c Fresh pork @ .08 c per lb.
Suit of clothing: 12.00
Wagon load of hay: 3.00
Hog killed by John Bell: 5.00
Dozen eggs: .10
Another suit of clothes: 8.00
Spool of thread: .05 c
Bottle of cordial: .50 c (probably liquor)
Bushel of meal: .50
A meal for Tip Lewis: 1.00, Underwood: .75 c
Coat: 1.50
Bushel of corn: .50 c
Election expenses: 5.00

There was a consistency of prices during the four year period from 1877 to 1880, especially on food staples like flour, sugar, coffee, and syrup. Items like flour was sold in sacks and fresh produce like corn usually in ½ and full bushel baskets. Somewhere around the turn of the century, flour companies begin shipping flour in printed cloth sacks and ladies would pick out the patterns they liked and made dresses out of them. From this came the term "flour sack dresses".

Meat was a different matter. Meat was usually sold by the slab (bacon) or individual cut (beef or pork shoulder). It had to be eaten quickly because of the lack of cold storage facilities. Hams could be coated in salt and hung in a spring house for several weeks to cure into "country hams". Beef had to either be dried into jerky or eaten within a couple of days. Storage in the winter months were normally much easier except those times when a warm spell would set in, as so common in the deep south.

Transportation was an interesting endeavor for Gurley residents. Citizens had four ways to travel; they could walk, go on horseback, ride in a buggy or wagon, or have the luxury of riding on a train. In 1857, the Memphis and Charleston Railway build a track right through the spot where the town was to develop. In July 1878, T. J. Morrow paid $2.35 for tickets to Huntsville. There was one transaction called "Expenses in town H" $10.00. When "town" was referred to it generally meant Huntsville which was a fifteen mile journey by dirt road or railroad, and the only town close by with any size.

One very interesting document was called "This Indenture" that was executed on December 9, 1895. It was a sale of a spring and 1/4 acre of land that had been deeded to J. R. Gurley in November 1866 by William. R. Gurley. The 1/4 acre was conveyed from J. R. Gurley to Matilda E. Walker (wife of Elijah F. Walker) for the sum of $75.
The description reads: "To a spring and our one quarter acre of land in side of mountain, the spring being the center of said quarter of acre of land. The spring is known as Pipe Spring where Eagle Pencil co. at Gurley placed pipe to convey water to their mills. Also the right of way for said pipe, through my land, for said pipe or any other pipe that it may become necessary to put down to convey water to the Town of Gurley".

In other words, for some reason, Matilda Walker bought one of the Gurley water supply sources and the one that that was used by the Eagle Pencil Mills. Before her marriage to Elijah Walker, Matilda was a Gurley so it seems that they wanted to keep the water supply within the family. W. R. Gurley was her father.

between 1876 and 1881.⁹ He died on 15 April 1888 at Madison County, Alabama, at age 67.^5,10 He was buried after 15 April 1888 at Gurley Cemetery, Gurley, Madision County, Alabama.¹¹

     John King Gurley There is a discrepancy between the Harmon Notes and the 1850 census note birthdate and age. (TG 8/98.) He was born on 19 March 1819 at Alabama.^2,3 He died after November 1850.^2,4 He was enumerated with John Gurley on the census of 28 November 1850 at District 35, Madison County, Alabama, as John Gurly John was a 20 year old farmer who was born in Alabama.⁵ John King Gurley and James Harvey Gurley were issued a U.S. land patent when they purchased 40 acres on 10 March 1852 at Jackson County, Alabama.⁶

     Louisa Jane Elizabeth Gurley was also known as Jennie.² She was born on 19 July 1832 at Alabama.^3,4 She and William C. Vincent obtained a marriage license on 28 June 1851 at Madison County, Alabama.⁵ Louisa Jane Elizabeth Gurley married William C. Vincent on 1 July 1851 at Madison County, Alabama.^6,2,7 As of 1886, Louisa Jane Elizabeth Gurley lived at Jackson County, Alabama.⁸ She was given notice that a petition was filed to sell the land of John Gurley, her father, on 14 April 1891 at Madison County, Alabama; After John Gurley's death a petition was filed to sell his land.⁹ Louisa Jane Elizabeth Gurley died on 2 March 1893 at Huntsville, Alabama, at age 60.^6,10

     Frank Ballou Gurley was born on 8 August 1834 at on his Father's Plantation, Madison County, Alabama.^2,3,4,5 He was educated at the local schools at Madison County, Alabama.⁶
On 1 October 1859, Frank Ballou Gurley was involved in a land transfer when he acquired land from Caswell B. Derrick and wife Susan in sections 22,23,24 T3 R 2 E, 329.17 acres, researving 1/2 acre on the road from the SW 1/2 of Sec. 24 for the community's graveyard
at Madison County, Alabama.⁷ He was a Democrat and a Methodist circa 1860.⁵ He began military service circa 16 July 1861 when he enlisted in Confederate Army in near Maysville in Madison County, Alabama. this company was commanded by the Rev. David C. Kelley (The Fighting Parson) and was known as Kelley's Rangers (Gurley also refered to the group as Kelley's Troopersn in a letter he wrote the Egbert Jones Camp in Huntsville, AL on Sept. 25, 1916). At the end of August, 1861, the company went to Memphis and was mustered into service under Genral Nathan Bedford Forest. Private Gurley took part in the occupation of sourthern Kentucky and the Battle of Ft. Donelson before he was sent home with Typhoid fever.^{8,9,10,11,12,13}

He was promoted to Captain by General E. Kirby Smith who commanded the north Alabama region from headquarters in Chattanooga.

Gurley was ordered to return to the Federal occupied, Huntsville, Madison County area and recruit a company; he recruited 115 men. This group became known as Company C of 4th regiment of the Alabama Cavalary. They fought a guerrilla type war against the Union forces stationed in North Alabama for the next few months.

It is important to realize that Gurley's company as well as the other company he travelled and fought with did not have uniforms of other Confederate Army identification, when the Federals would come across this group, they had no idea who they were. on 10 May 1862.¹⁴ As Captain, he was being paid $140 in Confederate dollars a month according to pay vouchers.¹⁵ From this point forward, Frank Ballou Gurley he was known as Captain Frank Ballou Gurley. He was involved in a cavalry skirmish with a Federal brigade on on 5 August 1862 at on a dirt road, outside of Decherd, Tennessee, Gurley's company was called to drive off some Union Cavalry who were rounding up local cattle. As they arrived on the scene, the companies spotted the Union blue uniforms. Captain J. M. Hambrick who was overseeing another company, gave orders to charge.

According to Gurley, "We soon proved too strong and the federals gave way and ran back and we after them, they firing back and we firing at them. and both running as fast we could, the federals increasing in numbers as they went back. After we had ran back some distance, we began to see wagons all running back and in a road, fenced on both sides, the brush hung low and I saw a limb drag the top off of a wagon and expose three men, one in full uniform, and one in his shirt sleeves, sitting besides him. "

"I fired three shots at the man in full uniform, one of the shots hit the man in his shirt sleeves. I was not closer than fifty yards to him, when he was shot. As soon as the man was shot, the driver stopped the team and I rode up to them and the man in uniform told me the man was shot, the wounded man said the driver could not stop the team. I left them with a guard and I continued the chase back to the infantry.... When I got to camp, I found Captain Brook, the man that was in full uniform in the wagon and he told me the man that I shot in the wagon was General McCook."

Brigadier General Robert Latimer McCook brigade was marching towards New Market, Alabama. He was suffering with dysentery and was traveling in a wagon with Captain Hunter Brooke of his staff and a black teamster. McCook wore no insignia of rank.

General McCook was taken to a local citizens house where he was cared for but, he died the next day. After the body was taken out of the house, the soldiers drove the family out and burned the house with everthing in it. The Federal soldiers moved on to other houses in the area. Gurley asked General Brook to stop the burning and he did. Brook returned to the North in a prisioner exchange.

Northern newspapers, like the Cincinnati Inquirer and Yankee soldiers charged flatly that McCook was murdered. Because if the influence of the McCook family, Gurley became one of the most wanted criminals in the country. He had no idea how hated he was in the North.

Over the next three years, Gurley was wanted for murder.^16,17,18 Col. V.V. Cook gave the following eyewitness account of Frank Gurley's assist in the capture of Col. R.G. Ingersoll in the 1907 Confederate Vetern.

Captain Frank Gurley was leading four companies of Russell's 4th Alabama Cabalry near Lexington in West Tennessee on December 18, 1862. Along a route they encountered the 3rd Battalion of the 5th Ohio Cavalary with 300 men commanded by Capt. James C. Harrison. Captain Gurley charged and drove rearward at a furious gait until the eastern limits of Lexington were reached, making many captures.

Gurley formed his troops for battle. General Forrest arrived with the main body of his command and ordered the position on the Federal left carried. The 7th Tennessee Federal Cavalry occupied the Federal left but when the Tennessee Confederates advanced, their live vanished like vapor. Colonel Ingersoll of the 11th Illinois Cavalary and many at his command were exposed.

Captain Frank B. Gurley called for the surrender of Ingersoll who responded by asking "Is this your Sourthern Confederacy for which I have so diligently searched? Being assured that it was, Ingersoll replied, "Then I am your guest until the wheels of the great cartel are put in motion."¹⁹ He was contiued to work with Forrest until February 1863 when the 4th Alabama Calvary was transferred to Major General Jospeh Wheeler's command.¹⁷ He became very sick on September 21, 1863, the Monday after the Battle of Cickamauga, possibly because according to his diary, all he ate for six days was roasting ears of corn. When his cavalry left for a raid on October 1, the doctor ordered Gurley to stay behind. Felling better a few days later, he joined Brigadier General Phillip D. Roddey's brigade on its way to join Wheeler. However, Roddey used him as a guide, Gurley was in the rain for eight days and relapsed. He stopped at a house and sent word to his brother, Thomas who came for him and took him home.¹⁷ He was and his company were by the North near Brownsboro, Georgia, Frank Gurley, his brother Thomas and twenty five others were captured. In the middle of October, two Union artillery batteries and a few wagons were passing through the Huntsville area through "a country notorious for bushwhackers." The fears were well founded when a guerrilla band struck the rear of the column and captured the last wagon, four men and Captain Lawson Kilborn of the 72nd Indiana Mounted Infantry. Kilborn escaped his captors a few days later and made his way to Brownsboro. He reported that he knew where Gurley was residing. Colonel John T. Wilder assigned a force to Kilborn for the capture of Gurley.

When the group arrived at the house and made their presence known, Thomas Gurley, Frank's brother went out the front and surrendered, he tried to attract as much attention as he could while Frank tried to escape from the back. Kilborn had posted a squad in the rear, and they fired thirteen shots at Gurley, according to his diary, some of which "poped through my cloths but never drew blood." He surrendered to the squad and was taken to Brownsboro along with his brother. His arrival created so much excitement with the Yankees he said, "some wanted to kill me, other to burn me, some was for drownding [sic] me."

Frank Gurley was charged with the murder of Gen. Robert McCook on on 21 October 1863. He was sent to Stevenson, Alabama, on October 29. Gurley was again greeted by a mob. From there he was placed on a train for Nashville where he was imprisioned waiting for trial in a 4 foot by 7 foot cell in the military prison and loaded with chains.

Confinement in this prison with 400 Federal soldiers was hell on earth, according to Gurley, "with ball and chain on. Some of them would whistle some sing some curse some pray and all rattle their chains. Such a sight is better imagined than described." he was confined and this treatment plus being weak left him delirious with fever. He wrote to the commandant at Nashville, Major General Gordon Granger, and told him "long confinement and want of attention will soon kill me and if that is what you want please do me the honor to have me shot as soon as your conscience will permit." Evidently, this request allowed him to go into the yard during the day.

Captain Brooke, who was riding with General McCook was at this time the acting Judge Advocate of the Department of the Cumberland. He wanted to bring Gurley to trial and convict him and he began pressing the Secretary of War, Edwin M. Stanton and Judge Advocate General Joseph Holt to arrange for a trail of the "robber and murderer."

Before the trial, letters from Confederate Generals Nathan Bedford Forrest, Joseph E. Johnston, and William J. Hardee were sent to the U.S. Army stating that at the time of the killing, Gurley was a Confederate Officer and should be treated as a prisoner of war. General Grant advised the officers that the trial was in the jurisdiction of Major General George H. Thomas and the trial would be fair.

His trial was set to start on December 2, 1863 he was defended by former Congressman Bailie Peyton and Jordan Stokes in front of the Military Commission at Nashville, Tennessee. The evidence presented by the Unionist centered on whether or not Gurley was a commisioned officer in the Confederate army or just a civillian. There was never a question that McCook was shot by Gurley (he admitted that). The single piece of evidence that would have freed Captain Gurley was his commission, perhaps because his house had been burned to the ground by the Union Cavalry. The defense produced Major General Lovell H. Rousseau, he testified that he had seen a commission from Major General E. Kirby Smith that authorized Gurley to raise a company of rangers. The letter from General Forrest was also submitted as evidence.

In spite of the evidence, on January 11, 1864 he was found guilty of the murder of McCook and sentanced to death by hanging.

He went back to the prison where he was given some needed fresh air and exercise in the yard during the day. He continued in his diary, describing the hororrs of this prison now holding 800 men, "and the flies so thick you would get two in your mouth every time you openend [sic] it and under foot was alive with vermin. For trying to escape I was mad to sleep in the cell at night and going in with all the balls and chains it went like a thunderstorm."

Almost immediately things started happening in Frank Gurley's favor. General George Thomas approved the verdict but, suspended the execution because of the unique circumstances under which the "crime" was committed. This action put the matter in the Judge Advocate General's hands on March 11, he sent papers to President Lincoln recommending that the sentance be carried out. At the same time, Confederate military and political leaders begain hinting at a military reprisal for the injustice being done in the Union courts.

Gurley wrote that one Yankee prisoner committed sucide by cutting his throat with a razor. He said, " This was the most horrible sight I ever saw."

The political and military debate continued. President Lincoln agreed with the sentence but never formally authorized the actual execution. Prisioner exchanges were proposed but, turned down by Washington. While this manuevoring was taking place, Gurley was accidently exchanged as a prisoner of war.

In January of 1865, U.S. Grant ordered that all current prisoners, especially men who were in close confinement or in irons, be exchanged for U.S. officers who were held in similar conditions. He was transfered to Louisville, Kentucky with eighteen other officers.^20,17,21



He probably was the Francis B. Gurley who received land from William C. Vincent in January 1865 at Madison County, Alabama; when he sold land acquired in 1858 to Francis B. and Thomas P. Gurley.²² About , on 2 March 1865.Frank Ballou Gurley wastransported from Louisville, Kentucky to a Northern POW camp via rail through Indianapolis, Crestline (Ohio) and Pittsburgh. He ended up at in at Point Lookout, Maryland.²³ He was transfered from Point Lookout, MD and exchanged for a prisoner from the North on 17 March 1865 at Aiken's Landing, Virginia, All the railroads in the south had been distroyed and he began walking "home." He found that after over a year in prison, he was too weak to walk, he wrote that the "stout fellows" went ahead and sent back wagons or carts for him. He made it nine miles of the rough 120 mile stretch. He arrived in Montgomery, Alabama to find the city out of control because of the approach of Major General James H. Wilson's Yankee cavalry which had just completed the destruction of Selma, Alabama. Fate would have it that once again, he ran into General Roddey who gave him a horse and he rode to the Gurley family land in Madison County where he stayed with his brothers and sisters until after General Lee surrendered.²⁰

He was soon a wanted man again, the northern officers issued a new general court martial order in mid-April 1865, The order was sent to all officers and ordered them to apprehend Frank Gurley and send him to Nashville or Huntsville for execution. Instructions were severe indicating that "no pains should be spared to enforce the forfeiture of life which the sentence has declared."²⁴

He believed he was out of danger he went to Huntsville, Alabama and surrendered to the US Army on May 25, 1865 the next day, he was paroled under the watch of a Lieut. Wm H. Bracken. He decided however, that Madison County, Alabama was a dangerous place for him to be and he went to Gallatin, Tennessee for two months where he said he, "had a big time with the women." on 26 May 1865.^25,17,21 On on 27 May 1865 in at Huntsville, Madison County, Alabama, Frank Ballou Gurley signed an Oath of Allegiance to the United States as a condition of his parole.²⁶

He was again being chased by the Federals after Holt got the approval of President Andrew Johnson to carry out the sentence in September 1865 Soldiers searched all over for Gurley including the swaps of Louisiana to find him. Again, fate was on Frank Gurley's side, General Holt of the U.S. Army forgot to enclose a copy of the physical description of Captain Gurley. Somehow no one seemed to consider if he was simply staying at his house in Alabama - he was. Frank Gurley had no idea he was a wanted man again.



He returned to Madison County was elected as sherrif, obviously he did not feel that he was in any danger on 6 November 1865.^27,17 He was arrested on 23 November 1865 at Huntsville, Madison County, Alabama. The War Department and the Bureau of Military Justice must have read about Frank Gurley being elected as sheriff for Madison County. On November 28, he was arrested again and imprisioned in the Huntsville, "calaboose." He was nonresisting and placed in irons and transported to Nashville for a quick hearing. He was then sent back to Huntsville to be executed on December 1, 1865.

The response from both former Confederates and Unionists was loud and clear. Telegrams and letters were sent to President Johnson. A defense fund was set up. A delegation was sent to Washington to meet with the President. The post comander in Huntsville, Colonel Lewis Johnson told Washington that public feeling so intense that he feared violence if the execution was carried out. President Johnson aggreed to temporarily suspend the execution until the case could be reviewed.

The Indianapolis Daily Herald reported on Wednesday Morning November 29, 1865 "Frank Gurley sentenced to be hung at Huntsville, Alabama, on Friday of this week, has by request of numorous citizens of Huntsville, been respited by Brigadier General Whipple until such time as further facts in his case can be submitted to the President"

Frank Gurley, the former Captain sat in a cramped jail in Huntsville in chains while the debate of his fate continued.

President Johnson was concerned that Frank Gurley might become a symbol of rebellion if he were allowed to be released and serve as sheriff of the county. General U.S. Grant reviewed the facts and told Johnson that the case should be dropped. An arangement via a Court Martial was made for Gurley to agree not to serve as sheriff and to stay out of politics and take an additional oath to remain a good citizen.

On April 28, 1866 orders arrived in Huntsville to release Frank B. Gurley. The case was finally over.^27,28,29 He actively supported the Democratic Party at Madison County, Alabama. He was active in the Methodist chuch after he settled down in Gurley.⁸ He Frank recieved the following letter from James Mason.

Marion, Ala
June 10th, 1866
Dear Friend,
I heard with inexpressible pleasure of your release from confinement and I take this, the first available opportunity of expressing my hearty congratulations, on your triumphant acquittal. I was almost as much surprised as pleased that the prejudice of feeling was too strong against you. Since the affair has terminated, as it has, I am in hopes it will never be revived again. I have heard from various quarters that my own name had been used in the affair. I can appreciate the motive of making such a use of it, and if it was any manner an advantage to you, I am glad it was used. As for my self, I have never been vain enough to claim any such credit. Previous to your capture, I always denied it when spoken to on the subject and it was only when you were deprived of liberty, and your life endangered, that I would allow anyone to be deceived on this point. My motive then was your good for I believed that if the guilt could be shifted from yourself to me, the thing would go much easier with me than it would with you.

I believe we understand each other in this matter. It is my will for the matter to stand as is for the present. But if the time ever comes when the thing can be looked on as it was years ago, then I renounce all claims to the praise.
I could not have written as I have but that I send this by a trusty hand. If you can do so with prudence, you will do me a favor to preserve this letter.
My best wishes are for your welfare. I hope you may recover from the many losses you have sustained and you may rest assured you have not a more disinterested friend than

Yours respectfully
James Mason

P.S. Please write me soon. I should like to know some of the particulars relating to your release, and also how you are now getting along.

on 10 June 1866.³⁰ There is evidence that suggests that Frank Ballou Gurley the Grand Cyclops (President) of Madison County's Ku Klux Klan chapter in 1867.³¹ He was involved in many business interests, in between 1867 and 1920 he was President of the Huntsville, Guntersville and Gadsden Telephone Company, he was President of the Gurley's and Paint Rock Railway Company, he was involved in land speculation and farming. at Madison County, Alabama.³² He legal document served as surety for the administrator of the estate of James E. Jordan on 29 January 1867 at Madison County, Alabama.³³ He witnessed the legal doc of William C. Vincent on 28 June 1867 at Madison County, Alabama; when he as well as three of his brother-in-laws were sued by George M. Harris.²² Frank Ballou Gurley was a witness to the will of Sarah Jane Maples on 14 January 1875 at Madison County, Alabama.³⁴ He legal document as administrator of the estate of George Coil and offered several tracts of land to the highest bidder in a public auction. The auction was held March 14, 1879, in front of the Huntsville Courthouse. The highest bidder was Capt. Elijah F. Walker who won the bid at $835. The deed appears to be written in Frank Gurley's hand.
circa 1879 at Madison County, Alabama.³⁰ He travelled to England he wrote a letter to his close friend and business associate Capt. Elijah F. Walker on August 23, 1890. It was a three page letter written by Gurley from the Cotton Exchange in Liverpool England. Gurley went to England on business and addressed the letter "Dear Lige". Most of the letter talks about the fine time he had on the voyage and on the sailing ship Eturid. Gurley said: "there were plenty of "nice ladies" on board with music and dancing and even games of "Blind Mans Bluff". He further stated: "I went to the rear of the ship at night and saw the hot salt water come from under the ship and for a hundred yards, the water looked like it was full of sparkling diamonds and presented a grand sight". He further said: "It was not long until we could see land and very soon we could see this big city. We anchored out in the river near where the Confederate gun boat C.S.S. Alabama was built for Semmes during the war" (Admiral Raphael Semmes).

Sunday 24th : We are now in Birmingham, (England) the great city of stacks and chimneys, When we went to Liverpool, I was pleased with many things I saw, but there were many things a long way behind us. The rail cars are very small and for passengers, the step goes in at the side. There are no conductors, no cowcatchers, and not much whistle, and switching is done by a horse." Capt. Gurley devotes several more sentences discussing rail cars and the "Grand car shed". He does not specifically indicate why he went to England but it is surmised he probably went to look at some rail equipment and rolling stock for their new railroad in Gurley. Capt. Walker had written Gurley a letter dated August 14th that had come over on the same ship. He did not receive it until the 24th when he got to Birmingham. In Gurley's letter he stated: "You continue to sell as you think. Best if you sell any on my side and I will sanction anything you do and deed it when I come back". It does not explain what they were selling (maybe land or cotton) but it shows the confidence each of these good friends had in each other. Finally Gurley said: "I met one of the men today that we have business with and well pleased with him. His name was Richards and was the agent for the CSA during the war. He was glad to meet an old Confederate". As with Gurley and Walker, like other veterans, there was a strong bond between them that was carried on until the rest of their lives. They had faced the horrors of civil war together and survived. For the most part, their confidence in each other was strong and their word to each other was an unquestioned bond.³⁰

He was one of the founders of the Gurley and Paint Rock Railroad, the following is from the March 10, 1892 "Gurley Record" Newspaper The full preliminary survey of the intended route of our new railroad was commenced last Monday. The northern section of the line is first being located from Gurley, up the Paint Rock Valley, right over the Cumberland Plateau and on to Winchester Tenn., a distance of about forty miles. After which the southern portion will be surveyed to the town of Deposit on the Tennessee River.

The commencement was made from the Memphis and Charleston Railway near the west boundary of the town, where the line will cross and connect with the M&C Railroad and running in a general north eastern direction pass to the north of our town some three hundred yards from the college.

Continuing through the land, owned by Capt. Gurley for about a mile the course then bears off to the southeast to avoid the mountain ridge some two and half miles from town; after rounding which, the line enters the Paint Rock Valley.

The full survey corps consists of the following: Samuel I. Wheatcroft, chief engineer; W. H. Calhoun, assistant engineer; Capt. E. F. Walker, transitman; J. F. Childress, flagman; Robert Givins, rodman; A. J. Hannah, front chainman; W. Hankins, rear chainman; Walter Givins, stake marker; M. H. Roberts, axeman; William A. Walker and F. B. James, other assistants. Capt. Frank B. Gurley is acting as general director of the party and T. P. Gurley as assistant. Several other gentlemen are accompanying the party.

Seldom has a more jolly party of men set out on an exploring expedition than the "merry" crew that left our town, in high spirits on Monday morning. The novelty and importance of the occasion attracted quite a number of spectators to witness the start; and the hopes of our citizens are beating high, in anticipation of the long desired railroad. Few companies can boast of their survey corps having more national representatives than the Gurley and Paint Rock Railway Company. It is not often we get an Englishman, a Scotchman, a Frenchman, and an American to constitute the principles of an undertaking similar to this and we congratulate Capt. Gurley on securing a competent corps. We learn from the chief engineer that the work has progressed satisfactorily to date, and we will give full particulars in due time.

Although the Gurley and Paint Rock Railroad was a dream for many Gurley residents at the time, it was never was built. Founder's stock certificates were issued but there was never enough money to build it.³⁵

He donated five acres of land for the building of the first co-educational high school in the area. The school was completed on on 1 August 1892 at Gurley, Madison County, Alabama.³⁶ He served Capt. Frank Gurley sold two plats of land for the Robert Donnell High School. The land was sold for the sum of $10 and the deed was recorded on December 2, 1893. The deed indicates the land was conveyed to the Trustees of the school who were W. J. Walker, W. W. Thompson, R. D. shook, J. R. Morris, G. T. Hayes, A. F. Evans, and J. D. Coffey. The erection of the school building was estimated at $10,000, of which half was contributed by the citizens of Gurley and the other half by the Robert Donnell Presbytery that was then part of the Cumberland Presbyterian Church. The deed further explained "The said school building shall be used as an institution of learning, under the superintendence and discipline and according to the usages of the Cumberland Presbyterian Church, but nothing herein contained shall be construed as a limitation upon the right of said Robert Donnell Presbytery, under the proper authority of said church, to sell or dispose of said property."

on 2 December 1893.³⁰ He served to help get the Madison County High School located in Gurley. Both Huntsville and Gurley were trying to get the school in their respective communities. B.B. Comer, the Govenor of Alabama visted both towns.

When he arrived in Gurley he was greated by the entire student body of the existing school and honored at a banquet put together by Capt. Gurley at the banquet he announced that the town of Gurley would get the new school, it was completed in

in 1908 at Gurley, Madison County, Alabama.^36,37 In Frank Gurley's records, the following letter from the Govenor was saved:

Dear Captain:

I am scheduled to make a talk at Gurley next Monday night week. I would like to have as many of the ladies and the men and boys out as possible. Will spend the night there. Kindly engage room for me at the hotel.

With Regard and Best Wishes, I am,
Yours very truly,

B.B. Comer, Governor.³⁸

He Article from The Gurley Herald, Gurley AL, June 3, 1909

The subject of this sketch was born on the 8th day of August, 1834, near where Gurley now stands - many years before the town was thought of. His father being a farmer he chose that as his occupation. He owned one of the finest plantations in Madison County when the war between the States was declared and everything was on this place that man could wish for, and indeed there were few men better "fixed" in this section of the country than our progressive fellow citizen, of whom we have the honor of penning this brief sketch. 'Tho time has silvered his locks, he still possesses that undaunted enterprise and southern chivalry so characteristic of the true Southerner before our great country was torn asunder by the ravages of war.

The war coming on and the call for troops being heard in the land, and feeling that he was duty bound to enlist in the cause of justice and right, home and native land, he joined what was then known as the old Kelley troopers, commanded by Capt. D.C. Kelley, (and we give below a brief history of some of his war record, which is absolutely correct as far it goes:) They went to Memphis and was there formed into a regiment commanded by Lieutenant Col. Forrest. From this point they went to Fort Donnellson
and from there to Hopkinsville, KY, and from Hopkinsville were returned to Fort Donnellson, and after the fall of that place, back to Hopkinsville, where circumstances placed him at the head of a company of 115 as game a band of little boy soldiers as was ever huddled together. They were later formed into the 4th Alabama cavalry regiment, and commanded by Col. Russell; remained with that regiment until the close of hostilities. Capt. Gurley's soldier life was a varied and checkered one, full of heroism, tragedy and pathos from beginning to end. No braver or truer soldier shouldered a gun in the South than our own Captain Frank B. Gurley.

He returned after hostilities were over to find, instead of the nice home he had left only piles of ashes strewed over the ground. With that vim and determination, for which he is noted, as soon as he gathered enough money together to buy farming tools he went to work again, and regardless of the many obstacles which confronted him he has continued on until he is regarded as the leading agriculturalist in this section.

Gurley, the prosperous and thrifty little city, owes a great deal to Capt. Gurley for it's growth and prosperity; from a very modest beginning, it has gradually gone ahead, increasing in wealth and population, until today it numbers 1,200 souls within it's corporate limits. He has never allowed himself to follow, but takes the lead in everything that pertains to the good of the town. In our schools he has particularly interested himself and they owe a great deal to him for their standing in the very front ranks of the schools of the State. There is no effort made to advance the interests of the place but what finds in him a strong advocate, ever ready and willing to extend a helping hand, by words, acts and money. He has one of the most handsome residences in this section, as well as farms, which gives an indication of the prosperity, happiness and content which pervades his home life.

On another page will be found a picture of the survivors of Capt. Gurley's company during the war. Each and every year these old veterans meet in re-union, and a great time they have, exchanging stories of privations and sufferings during the was, as well as the social feature which now exists among them. True friends of long standing are these old soldiers of the Confederacy. Bound together by bonds as strong as steel, as true as the friendship which exists between any set of men that inhabit the globe.

In Captain Gurley this town has a citizen in whom it is proud and one in whom it could not well dispense with. He is a man of high integrity, a true friend and charitable to a fault. A man with whom it is a pleasure to meet, and who is loved and respected by all who know him for his many notable traits of character.
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4th Alabama (Russell's) Cavalry Regiment

Russell's 4th Alabama Cavalry Regiment was formed at Murfreesboro, TN in December 1862 by a consolidation of four companies from Nathan B. Forrest's Old Tennessee Cavalry Regiment, and six companies from the 4th Alabama Battalion. (Recruits were from Cherokee, Jackson, Lawrence, Madison, Marshall, Monroe, and Wilcox counties). Forrest's old companies had been with him for 15 months and had fought at Fort Donelson, Shiloh, and many other engagements. Shortly after its organization, the regiment was sent with Forrest on a raid into west Tennessee, fighting in the battles of Lexington,
Trenton, and Jackson. It also served in John T. Morgan's and William Wirt Allen's brigades, at Parker's Cross Roads, and Chickamauga. It also was in the Knoxville and Dalton-Atlanta campaigns. Later it skirmished in the Tennessee Valley and served under Gen'l James R. Chalmers in Alabama. After the Battle of Nashville, the 4th was assigned to Forrest's Corps and was included in the surrender on 4 May 1865. Col. A. A. Russell was twice wounded and was early placed in command of a brigade, thus the regiment was under the command of Lt. Col. Joseph M.Hambrick.

Field and staff officers: Col. Alfred A. Russell (Jackson County; wounded, twice); Lt. Col. Joseph M. Hambrick (Madison County; wounded, Calhoun, GA); Major F. M. Taylor (Madison County); and Adjutant Harry F. Christian (Madison)

Captains, and counties from which the companies came:

Jackson:           Henry F. Smith (wounded)
Madison:           Oliver B. Gaston (captured; died as POW)
Wilcox and Monroe:      W. C. Bacot (wounded, near Atlanta)
Cherokee:           Thomas W. Hampton (KIA, Mossy Creek)
Madison:           W. R. Whitman
Marshall:           William Fennell
Jackson:           Flavius J. Graham (wounded, near Atlanta)
Marshall:           Henry Milner (resigned); David Davidson (wounded; resigned)
** Madison:           Frank B. Gurley
Lawrence:           H. C. Speake

History: John Allen Wyeth / With Sabre and Scalpel, the Autobiography of a Soldier and Surgeon (New York: Harper, 1914). The author covers the 4th AL Cavalry on pp.197-209.
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Russell's Fourth Alabama Cavalry Regiment


At Murfreesboro, Tenn., Dec. 1862, four companies of the original battalion with which Gen. Forrest entered the service, were united with the six companies of the Fourth Alabama battalion, and the regiment organized. The four companies that had been with Forrest for 15 months, had fought at Fort
Donelson, Shiloh, and numerous other engagements. A few days after its organization, the regiment went with Forrest on a raid into west Tennessee, and fought at Lexington, Trenton, Jackson, and Parker's Cross Roads, capturing two pieces of artillery at the first, and losing severely at the last mentioned battle. A few weeks later, the Fourth was in the attack on Fort Donelson, by Wheeler and Forrest, and there suffered severely. Attached to Allen's brigade of Wheeler's division, the regiment took part
in the operations of the cavalry of the Army of Tennessee. At Chicamauga the regiment was warmly engaged, and bore a full share in all the engagements of the east Tennessee campaign of Gen. Longstreet. It was then in the Dalton-Atlanta campaign, fighting continuously, and was part of the
force that captured Stoneman's column. When Gen. Hood began to move into Tennessee, the Fourth
was detached, and sent to the Tennessee valley, and operated in that region. After the battle of Nashville, the Fourth was assigned to Forrest's corps, and was surrendered with his troops at Gainesville.

Field and Staff

Colonels                A. A. Russell of Jackson; wounded twice.
Lieut. Colonels           Joseph M. Hambrick of Madison; wounded at Calhoun, Ga.
Majors               F. M. Taylor of Madison.
Adjutants               Harry F. Christian of Madison.

Captains, and Counties from Which the Companies Came*

Jackson               Henry F. Smith; wounded.
Madison               Oliver B. Gaston; captured; died in prison.
Wilcox and Monroe          W. C. Bacot; wounded near Atlanta.
Cherokee               Thomas W. Hampton; killed at Mossy Creek.
Madison               W. R. Whitman.
Marshall               Wm. Fennell.
Jackson               Flavius J. Graham; wounded near Atlanta.
Marshall               Henry Milner; resigned. David Davidson; wounded; resigned.
Madison               Frank B. Gurley. ***
Lawrence               H. C. Speake.

* The following were captains in this regiment, but are not assigned to their respective companies in the report furnished: H. A. Gillespie, W. H. Taylor (killed at Decatur), Wm. Smith, Jas. Smith, and Thomas B. Winston. D. C. Kelly of Madison led one of the companies into the service, and was elected Lientenant colonel of Forrest's regiment. D. C. Davis was the first captain of one of the Madison companies, and........Trewhitt of the Cherokee company. on 3 June 1909. The obituary of Frank Ballou Gurley was in the Huntsville Telegram. on 29 March 1920 The obituary reads as follows:
CAPT. GURLEY NOTED FIGURE, PASSES AWAY
Died Last Night at Home of Mrs. Hall at Gurley
He Was One of the Best Known Civil War Verterans in the State

Capt. Frank B. Gurley one of the most notable figures in North Alabama during the civil war and the reconstruction days which followed. Died this morning at 7 o'clock at the home of his niece, Mrs. Thomas Hall at Gurley. Capt. Gurley who was 85 years old had been in feeble health during the last few years and recently there appeared to be a general breakdown in his condition and he was confinded to his room several weeks before the end.

Capt. Gurley was a batchelor and his nearest relatives are Mrs. Hall and a number of other nieces and nephews. He was a life long member of the Masonic fraternity. He commanded Troop B 4th Alabama Cabalry under Gen. N.B. Forest in the civil war and for many years after the close of the war, in fact, until the last two or three years he held an annual reunion of his men at his home near Gurley. In later years the reunion included alll Confederate veterans and they would be entertained for days at the Gurley home with princely hospitality.³⁹

He died on 29 March 1920 at at the home of his niece, Mrs. Hall, Gurley, Madison County, Alabama, at age 85.³⁹ He was buried after 29 March 1920 at Gurley Cemetery, Gurley, Madison County, Alabama.⁴⁰ His estate was probated after 29 March 1920 at Madison County, Alabama, the will was challenged by several of the remaining nieces and nephews.⁴¹

     James Harvey Gurley was born on 30 May 1817 at Tennessee.^2,3 He was a witness to the will of Ann Vincent on 7 May 1845 at Madison County, Alabama.⁴ He and John King Gurley were issued a U.S. land patent when they purchased 40 acres on 10 March 1852 at Jackson County, Alabama.⁵ James Harvey Gurley married Elizabeth Acklin before March 1854.^6,7 James Harvey Gurley and William C. Vincent were involved in a land transfer when George W. R. Larkin sold land to William C. Vincent and Mr. Vincent made a promissory note to both his father, Clement N. and his brother-in-law for a loan for the land, the land was security for the loan on 20 September 1858 at Madison County, Alabama.⁸ James Harvey Gurley witnessed the legal doc of William C. Vincent on 28 June 1867 at Madison County, Alabama; when he as well as three of his brother-in-laws were sued by George M. Harris.⁸ James Harvey Gurley died on 4 November 1868 at Gurley, Madison County, Alabama, at age 51.^9,10

     Francis (?) married Jeremiah Gurley, son of John Gurley and Elizabeth Edwards, before 1788 at Johnson County, North Carolina; unproven but, widely cited.^3,4,5 Francis (?) died before 1839.⁶

     Patience Bland Smith was born in 1797 at South Carolina; Patience Bland Smith Gurley, 1797-1885. A native of South Carolina. Daughter of Joshua and Mary Anderson Smith. Wife of Davis Gurley and a pioneer of Waco. She died at Liberty Hall, the Gurley plantation.^1,2 She married Davis Gurley, son of Edwards Gurley, on 8 June 1823 at Chester District, South Carolina.^3,4 Patience Bland Smith died on 30 June 1885 at Liberty Hall, Waco, McLennan County, Texas; Wed., July 1: Mrs. P. B. Gurley died June 30 at the residence of her son, Davis R. Gurley, aged 88 years. Resided Texas since 1853, mostly in Waco.
Funeral from the residence of Col. D. R. Gurley, with Rev. Horace Bishop officiating. Burial at First Street Cemetery.
Waco Daily Examiner, 1885.^5,2 She was buried after 30 June 1885 at First Street Cemetery, Waco, McLennan County, Texas.²

     Jeremiah Gurley was born on 17 May 1786 at Newbern District, Johnston County, North Carolina.³ He was a school teacher after 1806 at Maury County, Tennessee.⁴ He began military service on 14 November 1810 at Tennessee He fought under General Jackson in the War of 1812, being successively elected Captain and Lieutenant-Colonel of Tennessee Militia from Maury county. His commission as Captain, 27th Regiment, Tennessee Militia, is dated November 14, 1810, and that as Lieutenant-Colonel, commanded the 51 Regiment, Tennessee Militia, November 18, 1813, both signed by Govenor Willie Blount of Tennessee.⁵ He died after 9 November 1813 at Talladega Battlefield, Talladega, Alabama, after being wounded in the Battle of Talledaga on November 9, 1813. This battle was led by General Andrew Jackson leading his men to fight the Creek Indians who were besieging a party of friendly Indians in Lashley's Fort. According to some sources, his body was carried off the field by his brother, Davis Gurley. According to a monument at the battle site, Jeremiah was a private serving in the Tennessee Volunter Calvary, he was wounded in this battle and died of his wounds.^6,7
He estate was inventoried after 28 February 1814 at Maury County, Tennessee, and a sale took place June 25, 1814, buying were Davis Gurley... Stephen Edwards, Polly Gurley, Major Davis, and William Davis.⁸ He estate was probated on 25 June 1814 at Maury County, Tennessee, his brother, Davis was the administrator of the estate which was sold on.⁹

     Elizabeth Gurley was born on 1 June 1777.² She died on 26 October 1788 at age 11.³