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I have been
working on a FOLKWAYS show about Tom Dula. Here are a few photos
and some of the facts of the historic crime. (FOLKWAYS
is a series I host for UNC-TV and airs on North Carolina Public
Television)
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Tom Dula's grave |
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| The gravestone
has been chipped away by souvenir seekers; the banjo is
from the 1860's. |
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Laura Foster's grave |
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The only known
photo of
Annie Melton |
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| Frank Proffitt
Jr. Son of Frank Proffitt who first played the song to
folk song collector Frank Warner in the 1930's. His version
of the song was passed to Alan Lomax and printed in Folk
Songs USA. Eventually, the Kingston Trio recorded this
version. |
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Facts & dates from Lift up Your Head, Tom Dooley by John
Foster West
- Murder occurred 134 years ago this May 26, 1866
- Ages: Tom Dula-22; Laura Foster 22; Ann Melton 23; and
Pauline Foster 22.
- Ann Melton and Pauline Foster were first cousins. Laura
Foster'was cousin to both
- Tom Dula was born June 20, 1844
- Tom enlisted in Company K, N.C. Infantry 42nd Regiment,
for 3 years or duration on March 15, 1862, age 17.
- Article written by the reporter from the N.Y. Herald pp,
118-121.
1. On Monday, Oct. 1, 1866, in Fall Term of 6th Judicial District
Superior Court opened in Wilkesboro, Judge Ralph P. Buxton presiding.
2. Grand jury of 18 sworn in and "charged to inquire for the
State concerning all cases and offenses committed within county."
The most important was the murder of Laura Foster.
3. Thomas C. Dula and Ann Melton were to remain in jail until
their trial began
4. Ex-Governor Zebulion B. Vance was appointed prisoners defense
lawyer from Charlotte, NC.
5. Trial began Oct. 4, 1866. Vance asked for Change of Venue
6. Court asked for case to be moved to Iredell County and tried
in Statesville. (Tom was charged with the actual murder and
Ann Melton with "influencing him to commit murder.)
7. Trial began in Statesville on Friday (Fall Term) Superior
Court, 1866, the same Judge Buxton presiding. A new jury was
selected.
8. First motion of Defense was for a Severance (Tom and Ann
were to be tried separately.)
9. Tom remained in jail from about mid-July, 1866 without a
corpse having been found and Ann Melton was added after Laura
Foster's body was found September 1, 1856, when Pauline Foster
was released from jail and Ann incarcerated in her place. Ann
remained in Jail from her arrest throughout Tom's trials, until
her own brief trial Fall Term, 1868 in Wilkesboro. Tom's 1st
trial lasted all day Friday, Oct. 19, all day Saturday, Oct
20; Jury deliberated all night Saturday & Sunday morning Oct.
21. At daybreak on Sun., Oct. 21, Jury brought in a verdict
of Guilty.
10. Defense appealed to the N.C. Supreme Court and Court Found
for Prisoner. 11 trial come on docket in Spring Term, and was
continued, came up in Fall Term, 1867-69 and was continued again.
12. A special court of Oyer & Terminer was convened Jan. 21,
1868. Tom was found guilty a second time, Defense appealed to
N.C. Supreme Court again, no error was found, (Tom had been
sentenced to be hanged on Valentine's Day, b. Feb. 14, 1868)
13. By the time Supreme Court had acted, date of execution had
passed. During Spring Term, 1868 Judge Mitchell set a new date
for Tom's execution, May 1, 1868.
14. On night before his execution Tom wrote a note: Statement
of Thomas C. Dula-"I declare that I am the only person that
had any hand in the murder of Laura Foster."
15. For details of Tom's execution see the reporter's article
on pp. 118-124.
16. Tom's only sister and her husband hauled the casket holding
Tom's corpse back to Elkville and he was interred on the farm
of his cousin Bennett Dula III. beside the Yadkin River on what
is today called the Tom Dula Road (county road 1134)
17. Ann Melton was tried during Fall Term, Superior Court, 1868,
and was acquitted as the result of Tom's note exonerating her
the night before his death.
For a description of Ann Meltons death a few years later....listen
to An Evening With Doc Watson And David Holt. Doc's great-grandmother
was there at her death...quite a story. |
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