Newspaperarchive - Starling Lewallen vs State, Bell County Texas

Renee Nazario - Jun 5, 2009

Hi: I don't know if you have looked at the following site: You can join for free with limited viewing-5 view and print per day, for free. Not all articles are free, but enough are. It is good for filling in the day to day life of my ancestors and has alot of articles for Abilene, Texas and the following area. I found several obits for my family, hospital admits and discharges, reunions, etc. The oldest article I found was for Sterling Lewallen, 1879, it is almost non readable, but interesting. I tried to type what I believe it said: Syllabus of the Decisions of the Appeals of Texas Austin, 1879 Sterling Lewallen vs. State. Appeal from bail. It appears form the statement of facts, that Defendant and one L.(no last name listed) who was drinking, met at a house in B(Bell?) County, on a night when other company was assembled. Defendant carried his wounded arm in a sling. Speedily a quarrel sprang up between Defendant and L when the proprietor requested the parties to have no difficulty in the house, Defendant went outside followed by L after some conversation, pressed the quarrel and struck the Defendant who inturn stooped and getting a stone struck L on the head. The Court erred in not permitting Defendant to prove the desperate charater of L when drinking, which testimony was admissible, in view of other proof permitted. Further, proof showed that L commited the first assault, and that Defendant acted in self defense. Reversed and remanded. Ector. J.P Galveston Newspaper May 31, 1879

Dorothy Campbell - Jun 5, 2009


This sounds interesting. I have a Sterling Lewallen born May 1842, listed as son of Zacheriah David &   Nancy McDonald Lewallen.

Sterling Lewallen
Anderson Grant Lewallen
Joel Lewallen
Zacheriah David Lewallen

Wonder if this is the correct one?

Renee Nazario - Jun 7, 2009

I believe it might be.   Zachariah and family went to Madison County Arkansas in 1870-1873 and then into Texas around 1875, Bell County and that is why I was looking for the names of his family, since they are my direct ancestors.   Thanks.

Renee Nazario - Jun 7, 2009

I have a question:   on the marrige record of Zachariah and Nancey McDonald Lewallen 1838, they were married by Allen McDonald JP   his name is listed as Zachariah Davis, and not David, I saw that other members of the Lewallen family are also with the middle names of Davis, do think it is Davis or David.   Zachariah has a 1890 Falls County Texas Civil War surviving soldier special schedule listing.   I find him no where on any other Civil War records, but I do find a Zachariah Davis from Tennessee listed as a solider.   Same person?   Maybe?

Dorothy Campbell - Jun 7, 2009

Probable are same person, could even be a typo involved, that happens too. I am not sure which is correct.

Billie Harris - Aug 2, 2009

Information is on Rick Llewellyn's site about this.   It reads:


[NOTE: broken link]

A. S. Lewallen Was Drinking

Source: Texas Court of Appeals Reports, pp 475 –  476

Starling Lewallen v. The State

The defendant, Starling Lewallen, was convicted of an assault upon the person of A. S Lewallen.

It appears from a statement of facts that the defendant and A. S. Lewallen met at the house of a Mr. Literal, on the night of November 17, 1877, in Bell Co., where several others had assembled. Defendant was suffering at the time from a rising on one of his arms, which he carried in a sling. A. S. Lewallen was drinking. A quarrel soon sprang up between him and defendant. Mr. Literal told them not to have any fuss in the house. Defendant went out of the house. A. S. Lewallen folllowed, telling defendant he could whip him. Defendant replied he was not able to fight because he had a sore arm. A. S. Lewallen asked to see it. After feeling of it, he said it had a fever in it, and then struck defendant who bent down to pick up some rocks, several of which he threw at his assailant, one striking him on the head. Two of the defendant’s witnesses testified that A. S. Lewallen, after he got out of the house, had his knife drawn, and wanted to fight the defendant.

The original case found against Starling and he appealed. This court reversed and remanded the judgement finding that A. S. Lewallen provoked the difficulty and committed the first assault and that the appelant acted in self defense.

Based on information shared with me by A. S. Lewallen’s descendants, we are talking about Anderson S. (aka Cashup) Lewellen, b. 4 Jun 1836, d. 26 Feb 1912. He was the second son of John Lewellen, first sheriff of Scott Co, TN. Sterling Lewallen appears in my records once, as a juror in Mississippi in 1882. An examination of records about A. S. and John Lewallen reveal no clues as to whom Starling may have been.

Posted on July 28, 2008 at 6:00 pm by admin •  Permalink •  Leave a comment
In: Research Data •  Tagged with: Bell, Texas


Dorothy, you're probably right about who this Sterling is but I don't see A.S. in the census, however, is Will has been transcribed and his name is Anderson S. Lewallen.   The Bell County census shows an S. Lewallen living very near Z. Lewallen so that would be Sterling and Zachariah.   Here's the census.   Can you tell me who these people are, i.e., how they relate to Anderson Lewallen (first Anderson).

1880 - Census shows:
   #96 - Wm Lewallen 24 born TN and both parents born TN
             Mira 24 IL, Ind, Ind
             George 2 Tex, TN, Ill
             John 21 brother, TN, TN TN
   #103 - Z. Lewallen 60 (1820) born TN, father and mother both born NC
               Nancy 60 born TN and father born NC and mother born SC
               Amos 21 born TN and both parents born TN
               Joel 19 born TN and both parents born TN
   #108   S. Lewallen 37 born TN and both parents born TN
               R. E. 45 (1855) born MO and both parents b   TN
               Angeline 16 born TN and both parents born TN
               Ewel 9 born TN and both parents born TN
               Richard Moore, hired hand, born Texas
   #194 - Isaac Lewallen 45 (1805)   born Tn, father b Virginia, mother b TN
               Nancy 44 born TN and both parents born TN
               Arlenia 21 born KY, father and mother born TN
               Anderson 14 born Arkansas, both parents TN
               William H 12 born Texas and both parents b TN
               Columbus 10 born Texas and both parents b TN
               Minnie E.7   born Texas and both parents b TN
               Mattie 4, born Texas and both parents born TN
               Hery E. 2 born Texas and both parents born TN
               Susan A. Reed 56, visitor
               Josephine Golden 22
               Columbus Lewallen 22, boarder born TN and
                     both parents born TN
   #686 - Mrs. A. E. Lewallen 44 born Alabama, father born
               NC and mother born TN
               Jos. or Jas 10
               H. , son, age 4
               Living next door was J. W. Whitesides age 65 born NC and his wife M. age 66 born TN.   Their son J. W. Whitesides Jr age 40 lived on the other side. He was   born Alabama       (Whether related or not, a Nancy Whitesides was wife of Meshack Llewellyn of Henderson and Hopkins Co. KY)

Also I don't see my William Henry Lewallen or any of his brothers in this census.   They were the sons of James Calvin Lewallen, grandsons of Wiley Lewallen.   William Henry moved on to Pike County, Arkansas about 1884 but his brothers remained in that area even after Calvin died in Troy 1879.   Wiley died in Texas, probably same area, about 1860.

Jean has transcribed the Will of Isaac Lewallen and there's also a Will for A.S. (Anderson) Lewallen on there as well; he died 1912.