Husband Oscar Hart
Born: 1819 - Camden Co., GA
Christened:
Died: 26 Apr 1896 - Otter Creek, Levy County, Florida
Buried: - Old Jacksonville City Cemetery, Jacksonville, Duval, Florida
Father: Isaiah David Hart
Mother: Nancy Nelson
Marriage: 28 Jul 1850
Wife Virginia Crews
Born: 1835 - Camden Co., GA
Christened:
Died: 29 Mar 1911
Buried:
Father: Joseph Crews 148
Mother: Catherine Ann Turner
Other Spouse: George Wells
Children
General Notes: Husband - Oscar Hart
Confederate Soldier. Co E, 1st Reg FLA Infantry Reserves
Deputy Clerk of Court Duval County, Florida 1844
ID: I25249
Name: Oscar Hart
Reference Number: 25269
Sex: M
Birth: 1819 in SC
Census: 1850 Duval Co FL
Note:
http://www.geocities.com/SoHo/Bistro/4791/hisdocs.html
Petition for Florida Indian Agent, 1880
Oscar Hart to Carl Shurz, Secretary of the Interior
To the Honorable Carl Schurz, Secretary of the Interior.
The Memorial of Oscar Hart, respectfully shows, That the Seminole Indians now in Florida, are the remnants of those wh o once possessed the entire country, the four military posts held by the Spaniards on the coast, and on the river St. J ohns, and the American settlements on that river, and along the northern border, alone excepted. In after times, to mai ntain their right to it as they believed, they submitted to a destructive war, lasting from 1835 to 1842, and again fro m 1855 to 1858. A people whose heroism could inspire them to this, are still worthy of more than ordinary consideration . Too few now to create apprehension from voluntary hostility, they are yet too many to leave without the protecting ca re of the Government.
Where opportunity exists there will often be abuse. In the estimation of the common mind injustice to the weak and th e defenceless merits no reprehension. it may yet be pressed too far to be borne even by the weak. The outbreak that beg an the war of 1835-42, was caused by a party of armed white men who found a small party of Indians outside of the "Indi an limits", when the Indians were caught up and tied to trees and whipped. While this was going on the white men were f ired upon by other Indians, coming up.
The war of 1855-58, was caused by repeated acts of aggression by white men, the last act being by the soldiers who cu t down and carried away a quantity of tropical fruit, the property of the Indians, when, unable longer to endure thes e repeated deeds of spoilation the soldiers were fired upon.
The Indian in Florida is now at the mercy of the evil disposed of the white race, and liable at any time to outrage. On e act too many may cause an outburst, the end of which nobody can foretell. He is not devoid of rights because he is a n Indian. If he has no one to speak for him, no one to whom he can look for redress, if wring is practiced upon him, h e must submit or resist by force. Life to this alternative he justly feels the first, to be outrage; the last to be rev enge-ever most dear to the unenlightened mind-and bloodshed, in which, suffering to the innocent, and unknown injury t o the country must be the consequence. If left to himself, uncared for and unprotected, he must, in time, like the wil d beasts of the forest, give place, and where then will he go? Who shall say then, when he will or will not share thei r fate? He is not a wild beast but a noble and intellectual human being. Their Chiefs, are men of superior sagacity an d eloquence; the common man, quick to understand and to learn; and the women, distinguished for the possession of ever y feminine excellence, though they have no culture but that learned in the woods. They lack only the proper cultivatio n to reflect credit upon the Government that shall foster and care for them, as well as honor upon themselves, in pursu its in which they have never had a chance to engage.
We want immigration to our state: they are already settlers. We deplore the presence of ferocious wild beasts in it: i t is they who keep them under. We want intelligence to point out the unknown recesses of the vast region still unexplor ed by white men: they alone are capable of doing it. That same vast region, wants occupants: they are fitted for it, an d are already there. Here is their home-the remains of their country, to which they have been driven, and to which the y will now cling through life.
The attempts hitherto made to drive them from it cost the Government millions of money, and then did not wholly succeed . Any further collision between them and the white race is to be deprecated by every good citizen. It would again rais e a clamor for their removal, which could be accomplished only by their virtual extirpation, in unknown time, and at th e cost of, no one knows from many millions more. One tenth of the enormous sum expended in the Two wars mentioned woul d have cleared up the entire region inhabited by them, into one extended field, and settled every family upon a sectio n of land each, as a homestead, and furnished them educational, agricultural and mechanical schools and advantages, whi ch long since, would have made them civilized, enlightened, and valued citizens.
To this end, your Memorialist with the appointment of this Department, proffers to act as Resident Agent for the Indian s in Florida. A native, and life long resident of the country, well acquainted with the Indian character, with the coun try, and with the white people, he knows well the delicate and important duties he would have to discharge. How, by cul tivating among the white men, who are even found upon a frontier, sentiments of honor and nobility of conduct in thei r communication and dealing with the Indians; and among the Indians, respect and regard for the white people, and for t he Government that sends an Agent to take care that they shall suffer no detriment, he would hope to establish and main tain an amicable feeling and amicable relations between the two. He well knows that timely precaution may prevent disas ter, and should endeavor from the beginning, to promote harmonious intercourse, and by precept and example, to inculcat e that the most upright conduct and considerate deportment will ever lead to the happiest end.
He would be obliged to abandon the places of civilization and live in the region of swamps and morasses; but he likewis e knows that in no other way could he render so much public benefit, nor achieve so much good to those of his kind whos e condition calls for every generous sympathy, and the aid of everyone who can render aid, in his capacity. He would de vote himself to imparting to those amongst whom he should be sent, a respect for law and order, as well as a love of le arning; and with means sufficient, he would educate and improve, so far as should be possible, those who have attaine d adult age, as well as those of younger years-the older men and women, as well as the youth of the nation. He would al so, establish the most useful trading; those most required in the region, and bring the people to become producing, t o the extent of their ability; and superior productions he would stimulate the producers to ship to the best markets, b ringing back such things as were required. To accomplish this, he would awaken and arouse into activity the native an d now dormant talent and activity of the people, and impart such training as shall be required-confident of their capac ity, under proper instruction, to astonish those who do not know them, and now believe them incapable. he would find fo r every one employment, in the pursuit most congenial; would help; assist; save from discouragement the untrained mind , in its efforts in unaccustomed exertions, in unpracticed vocations; encourage, by just commendation, the achievement s of all, in the good work; and lead them in the way to business success, in callings they had never before known, an d in ways they had never before been taught to follow.
With the aid of the General and State governments, the next generation would see the Indians in Florida no longer subje cts of uneasy apprehension, but civilized, advanced, and intelligent citizens, self supporting, prosperous, and a happ y people.
And your Memorialist will ever be.
(Signed) Oscar Hart
[NOTE: Oscar Hart was born in what was then Spanish East Florida in 1819. He was 61 years of age at the time he wrote t he above petition. He was the oldest son of Isaiah David Hart and Nancy Nelson. A sketchy biography culled from primar y records and secondary sources indicate an unfortunate experience for Oscar Hart. He studied law and is listed in census records for Duval County as a lawyer although there is no evidence he was an affluent one. Hart married Virginia Crews on July 28, 1850. She was twelve years of age and he was 31 years old. The marriage did not endure and there were n o children. When Isaiah Hart's Last Will and Testament was read after his death in 1861, Oscar was criticized for writing what his father called "abusive letters." In his will, the father ordered the letters returned to Oscar and left his oldest son a single piece of property, one of the least valuable possessions in his estate. Isaiah Hart was one of the wealthier men of the town of Jacksonville, and has been credited for founding the city. In the early 1870s, Oscar was appointed clerk of the circuit court by his brother Ossian, then Governor of Florida. During his appointment, Oscar was arrested and charged with raping a child under ten years. In a public statement, he insisted the charge had no merit Ossian Hart, Florida's acting Governor, defended his older brother and the charge resulted in an acquittal by hung jury. After his clerk appointment expired, Oscar returned to the private practice of law. It was during this period tha the sought the position of Florida Indian agent. His willingness to abandon "the places of civilization and live in the region of swamps and morasses," may speak to his awkward standing in the community which had indicted him for raping a child some years before. Nonetheless, Hart's intelligent and caring depiction of the Florida Indians is in contrast to sentiments of many of his peers, who wanted the natives removed from the state by any means. In 1886, he moved to Levy County on the west coast of Florida and went into the lumber business. Oscar Hart died on 22 April 1896 near Otter Creek at the age of 77. He was buried in Jacksonville. I have not been able to determine whether Hart was appointed Indian agent but it does not appear so. TAWhite.
Husband George Wells
Born:
Christened:
Died:
Buried:
Marriage:
Wife Virginia Crews
Born: 1835 - Camden Co., GA
Christened:
Died: 29 Mar 1911
Buried:
Father: Joseph Crews 148
Mother: Catherine Ann Turner
Other Spouse: Oscar Hart - 28 Jul 1850
Children
Husband John Staten Wetherington
Born: Jul 1862 534
Christened:
Died: 1940
Buried: - Hancock Cemetery, Ft Meade, Polk County, Florida
Father: John Wetherington
Mother: Jane Wilkinson
Marriage:
Wife Virginia Texas Crews
Born: 1863 - Statenville, Echols, Georgia
Christened:
Died: 1931 - Ft Meade, Polk County, Florida
Buried: - Hancock Cemetery, Ft Meade, Polk County, Florida
Father: William B. Crews
Mother: Martha M. North
Children
1 F Annie Elisa Wetherington
Born: 1 Mar 1892 - Jasper (Hamilton) FL
Christened:
Died: 17 Dec 1991 - Cassadaga, Volusia, Florida
Buried: - Eden Cemetery, Crescent City, Putnam, Florida
General Notes: Husband - John Staten Wetherington
Son of John James Wetherington and Jane A Wilkinson. He married Virginia Texas Crews in Clinch County Georgia about 1884.
Contributor: Billy Walker (31535270) • walkbr@msn.com
Find a Grave, database and images (https://www.findagrave.com/memorial/28577170/j_staten-wetherington: accessed June 29, 2025), memorial page for J Staten Wetherington (1862\endash 1940), Find a Grave Memorial ID 28577170, citing Hancock Cemetery, Fort Meade, Polk County, Florida, USA; Maintained by Donna McPherson (contributor 46906329).
General Notes: Wife - Virginia Texas Crews
Find a Grave, database and images (https://www.findagrave.com/memorial/28577169/virginia_texas-wetherington: accessed June 29, 2025), memorial page for Virginia Texas Crews Wetherington (1863\endash 1931), Find a Grave Memorial ID 28577169, citing Hancock Cemetery, Fort Meade, Polk County, Florida, USA; Maintained by Donna McPherson (contributor 46906329).
Husband Wallace Crews
Born: 9 Jan 1882 - Bradford County, Florida
Christened:
Died: 12 May 1970 - Gainesville, Alachua County, Florid
Buried: - New Hope Primitive Baptist Church Cemetery, LaCrosse, Alachua County, Florida
Father: James Crews
Mother: Virginia Ella Harrell
Marriage: 17 Sep 1905 - Starke, Bradford County, Florida
Wife Cora Dyal
Born: 1890
Christened:
Died: 1942
Buried:
Children
General Notes: Husband - Wallace Crews
Find a Grave, database and images (https://www.findagrave.com/memorial/24745513/wallace-crews: accessed December 29, 2024), memorial page for Wallace Crews (9 Jan 1882\endash 12 May 1970), Find a Grave Memorial ID 24745513, citing New Hope Primitive Baptist Church Cemetery, La Crosse, Alachua County, Florida, USA; Maintained by Debbie Hime (contributor 46987207). Find a Grave, database and images (https://www.findagrave.com/memorial/24745513/wallace-crews: accessed July 20, 2025), memorial page for Wallace Crews (9 Jan 1882\endash 12 May 1970), Find a Grave Memorial ID 24745513, citing New Hope Primitive Baptist Church Cemetery, La Crosse, Alachua County, Florida, USA; Maintained by Debbie Hime (contributor 46987207).
Name: Wallice Crews Find a Grave, database and images (https://www.findagrave.com/memorial/89812919/walter_leon-crews: accessed October 18, 2025), memorial page for Walter Leon Crews (14 Oct 1871\endash 9 Sep 1916), Find a Grave Memorial ID 89812919, citing Marys Chapel Cemetery, Pierce County, Georgia, USA; Maintained by Kelly Whitten Lyerly (contributor 47483467). Find a Grave, database and images (https://www.findagrave.com/memorial/89812822/julia_ann-crews: accessed October 18, 2025), memorial page for Julia Ann Walker Crews (1 Jan 1872\endash 7 Nov 1937), Find a Grave Memorial ID 89812822, citing Marys Chapel Cemetery, Pierce County, Georgia, USA; Maintained by Kelly Whitten Lyerly (contributor 47483467).
Name: Walter Crews Find a Grave, database and images (https://www.findagrave.com/memorial/58800482/walter_leslie-crews: accessed June 22, 2025), memorial page for Walter Leslie Crews (12 Aug 1883\endash 1954), Find a Grave Memorial ID 58800482, citing Swift Creek Cemetery, Lake Butler, Union County, Florida, USA; Maintained by Alton and Loudonia (contributor 46956626).
His parents were: Walter Leslie Crews (1883-1954) and Grace Linnie Leona Williams (1889-1963). He was born in Jacksonville, Duval County Florida. He later lived in the Miami- Dade County area of Florida. Find a Grave, database and images (https://www.findagrave.com/memorial/37059837/wesley-crews: accessed June 22, 2025), memorial page for Wesley Crews (23 Mar 1898\endash 3 Feb 1969), Find a Grave Memorial ID 37059837, citing Dyal Cemetery, Bradford County, Florida, USA; Maintained by Alton and Loudonia (contributor 46956626). Find a Grave, database and images (https://www.findagrave.com/memorial/37059786/bessie-crews: accessed June 28, 2025), memorial page for Bessie Crews (3 Mar 1903\endash unknown), Find a Grave Memorial ID 37059786, citing Dyal Cemetery, Bradford County, Florida, USA; Maintained by Alton and Loudonia (contributor 46956626).
Name: Wesley Crews Wilburn Crews was executed by the state of Florida for the crime of murder on October 6, 1941.
Name: Wallie Crews
State: Florida
Last Place of Residence: Brooker, Bradford, Florida
Previous Residence Postal Code: 32622
Age: 88
Birth Date: 09 Jan 1882
Death Date: 15 Apr 1970
Citing this Record
"United States, Social Security Death Index," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:V9SX-2ZS : 8 January 2021), Wallie Crews, 15 Apr 1970; citing U.S. Social Security Administration, Death Master File, database (Alexandria, Virginia: National Technical Information Service, ongoing).
Name: Wallase Crews
Sex: Male
Age: 28 years (28 years)
Birth Year (Estimated): 1882
Birthplace: Florida
Marital Status: Married
Race: White
Relationship to Head of Household: Head
Father's Birthplace: Georgia
Mother's Birthplace: Florida
Event Type: Census
Event Date: 1910
Event Place: Election Precinct 8 Brooker, Bradford, Florida, United States (Election Precinct 8 Brooker, Bradford, Florida, United States)
Event Place (Original): Pine Hill, 26, Bradford, Florida, United States
Sheet Letter: B
Sheet Number: 12
Affiliate Publication Number: T624
Affiliate Name: The U.S. National Archives and Records Administration (NARA)
Household
Blanche Crews
Cora Crews
Digital Folder Number: 004970339
Microfilm Number: 1374170
Image Number: 262
Indexing Batch: N03336-0
Citing this Record
"United States, Census, 1910", FamilySearch (https://www.familysearch.org/ark:/61903/1:1:MVVT-5WY : Sat Mar 09 11:18:39 UTC 2024), Entry for Wallase Crews and Cora Crews, 1910.
Name: Wallie Crews
Sex: Male
Age: 38
Birth Year (Estimated): 1882
Birthplace: Florida
Marital Status: Married
Race: White
Relationship to Head of Household: Head
Father's Birthplace: Georgia
Mother's Birthplace: Florida
Event Type: Census
Event Date: 1920
Event Place: Brooker, Bradford, Florida, United States
Event Place (Original): Brooker and Pinehill, ED 38, Bradford, Florida, United States
Household Identifier: 59
Line Number: 70
Sheet Letter: B
Sheet Number: 4
Affiliate Publication Number: T625
Affiliate Name: The U.S. National Archives and Records Administration (NARA)
Household
Louise Crews
Blanch Crews
Cora Crews
Digital Folder Number: 004964396
Microfilm Number: 1820214
Image Number: 801
Indexing Batch: N01957-4
Citing this Record
"United States, Census, 1920", FamilySearch (https://www.familysearch.org/ark:/61903/1:1:MNY7-XD8 : Mon Jan 20 09:31:02 UTC 2025), Entry for Wallie Crews and Cora Crews, 1920.
General Notes: Wife - Cora Dyal
Notes: Marriage (Cora Dyal):
Sex: Male
Spouse's Name: Cora L. Dyal
Spouse's Sex: Female
Event Type: Marriage
Event Date: 17 Sep 1905
Event Place: Starke, Bradford, Florida, United States
Source Details: pg 331
Reference: Volumes D-F
Household
Cora L. Dyal
Digital Folder Number: 007621256
Microfilm Number: 966197
Originating System: EASY
Indexing Batch: M73499-1
Citing this Record
"Florida, Marriages, 1837-1974", , FamilySearch (https://familysearch.org/ark:/61903/1:1:FWWL-LLD : 11 January 2020), Wallice Crews, 1905.
Husband Walter Cone Crews
Born: 13 Oct 1884
Christened:
Died: 13 Apr 1972 - Jacksonville (Duval) FL
Buried: - Boones Creek Cemetery, Charlton County, Georgia
Father: William Albert Crews
Mother: Rebekah Elizabeth
Marriage:
Wife Mattie Roberts
Born:
Christened:
Died:
Buried:
Children
Husband Walter Leon Crews
Born: 14 Oct 1871 - Georgia
Christened:
Died: 9 Sep 1916 - Georgia
Buried: - Mary's Chapel Cemetery, Pierce County, Georgia
Father: Randall Colquitt Crews
Mother: Lucretia Sweat 7
Marriage: 30 Nov 1890 - Pierce, Georgia, United States
Wife Julia Ann Walker
Born: 1 Jan 1872 - Pierce County, Georgia, USA
Christened:
Died: 7 Nov 1937 - Pierce County, Georgia, USA
Buried: - Mary's Chapel Cemetery, Pierce County, Georgia
Children
General Notes: Husband - Walter Leon Crews
Name: Walter Crews
Sex: Male
Age: 28
Birth Date: Oct 1872
Birthplace: Georgia
Marital Status: Married
Race: White
Years Married: 9
Relationship to Head of Household: Head
Father's Birthplace: Georgia
Mother's Birthplace: Georgia
Event Type: Census
Event Date: 1900
Event Place: Militia Districts 1250, 1330, Dicksons, Sweats, Pierce, Georgia, United States
Event Place (Original): ED 83 Militia Districts 1250, 1330, Dicksons, Sweats, Pierce, Georgia, United States
Line Number: 36
Sheet Letter: A
Sheet Number: 4
Affiliate Publication Number: T623
Affiliate Name: The U.S. National Archives and Records Administration (NARA)
Microfilm Number: 1240216
Indexing Batch: N00816-9
Household
Truman Crews
Clifton Crews
Hurtridge Crews
Addie Crews
Maud Crews
Julia Ann Crews
Clinton Crews
Digital Folder Number: 004120079_002_M9LR-X36
Image Number: 148
Citing this Record
"United States, Census, 1900", FamilySearch (https://www.familysearch.org/ark:/61903/1:1:M3JY-46D : Fri Oct 17 04:59:04 UTC 2025), Entry for Walter Crews and Julia Ann Crews, 1900.
General Notes: Wife - Julia Ann Walker
Notes: Marriage (Julia Ann Walker):
Sex: Male
Spouse's Name: Julia Walker
Spouse's Sex: Female
Event Type: Marriage
Event Date: 30 November 1890
Event Place: Pierce, Georgia, United States
Household
Julia Walker
Digital Folder Number: 005190821
Microfilm Number: 000211930
Image Number: 249
Indexing Batch: M03598-3
Citing this Record
"Georgia, County Marriages, 1785-1950", FamilySearch (https://www.familysearch.org/ark:/61903/1:1:KXJV-CMF : Sun Mar 10 16:38:17 UTC 2024), Entry for Walter Crews and Julia Walker, 30 November 1890.
Husband Walter Leslie Crews
Born: 12 Aug 1883 - Baker County, Florida
Christened:
Died: 1954 - Columbia County, FL
Buried: - Swift Creek Cemetery, Lake Butler, Union County, Florida
Father: Roger C. Crews
Mother: Mary Ezulia Thompson
Marriage:
Wife Grace Linnie Leona Williams
Born: 1889
Christened:
Died: 1963
Buried:
Children
1 M Walter Selwyn Crews
AKA: Bubba Crews
Born: 29 Mar 1909 - Jacksonville, Duval County, Florida, USA
Christened:
Died: 2 Nov 1983 - Miami, Dade County, Florida, USA
Buried: - Woodlawn Park Cemetery South, Miami, Miami-Dade County, Florida, USA
Spouse: Gladys Hazel Lankford
General Notes: Husband - Walter Leslie Crews
Husband Walter Selwyn Crews
AKA: Bubba Crews
Born: 29 Mar 1909 - Jacksonville, Duval County, Florida, USA
Christened:
Died: 2 Nov 1983 - Miami, Dade County, Florida, USA
Buried: - Woodlawn Park Cemetery South, Miami, Miami-Dade County, Florida, USA
Father: Walter Leslie Crews
Mother: Grace Linnie Leona Williams
Marriage:
Wife Gladys Hazel Lankford
Born:
Christened:
Died:
Buried:
Children
General Notes: Husband - Walter Selwyn Crews
His siblings were Myrna Ezula Crews (1907-1986), Retha Mae Crews (1911-2003), and Nettie Ruth Crews (1920-2008).
He was married to: 1st- Linda Conger, 2nd- Gladys Hazel Lankford.
His parents were: Walter Leslie Crews (1883-1954) and Grace Linnie Leona Williams (1889-1963). He was born in Jacksonville, Duval County Florida. He later lived in the Miami- Dade County area of Florida.
His siblings were Myrna Ezula Crews (1907-1986), Retha Mae Crews (1911-2003), and Nettie Ruth Crews (1920-2008).
He was married to: 1st- Linda Conger, 2nd- Gladys Hazel Lankford.
Husband Wesley W. Crews
Born: 23 Mar 1898 - Lawtey, Bradford County, Florida, USA
Christened:
Died: 3 Feb 1969 - Alachua County, Florida
Buried: - Dyal Cemetery, Bradford County, Florida
Father: Elias Crews
Mother: Martha J. Sapp
Marriage: 27 Mar 1921 - Bradford County, Florida
Wife Bessie Howard
Born: 3 Mar 1903
Christened:
Died:
Buried: - Dyal Cemetery, Bradford County, Florida
Children
General Notes: Husband - Wesley W. Crews
Name: Wesley Crews
Sex: Male
Age: 32
Birth Year (Estimated): 1898
Birthplace: Florida
Marital Status: Married
Race: White
Relationship to Head of Household: Head
Father's Birthplace: Florida
Mother's Birthplace: Florida
Event Type: Census
Event Date: 1930
Event Place: Lawtey, Bradford, Florida, United States
Event Place (Original): Lawtey, Bradford, Florida, United States
Line Number: 33
Sheet Letter: A
Sheet Number: 11
Affiliate Publication Number: T626
Affiliate Name: The U.S. National Archives and Records Administration (NARA)
Household
Bessie Crews
Avey Howard
Digital Folder Number: 004950219
Microfilm Number: 2340042
Image Number: 89
Indexing Batch: N03735-6
Citing this Record
"United States, Census, 1930", FamilySearch (https://www.familysearch.org/ark:/61903/1:1:SPR4-4T2 : Tue Jan 14 21:15:36 UTC 2025), Entry for Wesley Crews and Bessie Crews, 1930.
Name: Wesley W Crews
Sex: Male
Age: 42
Birth Date: 1898
Birthplace: Florida
Residence Date: 1935
Residence Place: Same House
Marital Status: Married
Race: White
Relationship to Head of Household: Head
Event Type: Census
Event Date: 1940
Event Place: Baker, Bay, Florida, United States (Baker, Bay, Florida, United States)
Event Place (Original): Election Precinct 1, Election Precinct 1, 4-2A, Bradford, Florida, United States
Enumeration District Number: 4-2A Election Precinct 1 Lawtey outside Lawtey City E of W Section line of Sections 22, 27, and 34 Township 5 S Range 22 E and Sections 3, 10, 15, 22, 27, and 34 Township 6 S Range 22 E
Line Number: 40
Sheet Letter: A
Sheet Number: 5
Affiliate Publication Number: T627
Household
Bessie Crews
Name: Wesley Crews
Birth Date: 23 Mar 1898
Birthplace: Lawtey Fla, Bradford Co
Employer: Self Farmer
Complexion: Ruddy
Race: White
Height: 5' 8"
Weight: 162
Eye Color: Brown
Hair Color: Gray
Relative's Name: Bessie Crews
Event Type: Draft Registration
Event Date: 16 Feb 1942
Event Place: Lawtey, Bradford, Florida, United States
Event Place (Original): Lawtey, Bradford, Florida, United States
Affiliate Publication Title: World War II Draft Cards for the State of Florida
Household
Bessie Crews
Digital Folder Number: 102815106
Image Number: 668
Citing this Record
"Florida, World War II Draft Registration Cards, 1940-1945", FamilySearch (https://www.familysearch.org/ark:/61903/1:1:Q2CR-MCSF : Fri Apr 04 22:41:51 UTC 2025), Entry for Wesley Crews and Bessie Crews, 16 Feb 1942.
Digital Folder Number: 005449565
Image Number: 851
Citing this Record
"United States, Census, 1940", FamilySearch (https://www.familysearch.org/ark:/61903/1:1:VTH3-134 : Wed Jan 15 17:22:41 UTC 2025), Entry for Wesley W Crews and Bessie Crews, 1940.
General Notes: Wife - Bessie Howard
Notes: Marriage (Bessie Howard):
Sex: Male
Spouse's Name: Bessie Howard
Spouse's Sex: Female
Event Type: Marriage
Event Date: 27 Mar 1921
Event Place: Bradford, Florida, United States
Event Place (Original): Bradford County, Florida, United States
Source Details: 3/4 thru p 480
Household
Bessie Howard
Digital Folder Number: 007621257
Microfilm Number: 966198
Originating System: EASY
Indexing Batch: M73471-7
Citing this Record
"Florida, Marriages, 1837-1974", , FamilySearch (https://familysearch.org/ark:/61903/1:1:FWWF-92S : 11 January 2020), Wesley Crews, 1921.
Husband Wilburn R. Crews
Born: 23 Aug 1904 - Patterson, Pierce, Georgia
Christened:
Died: 6 Oct 1941 - Union County, Florida
Buried: - Shiloh Primitive Baptist Church Cemetery, Blackshear, Pierce County, Georgia
Father: Benjamin Brantley Crews
Mother: Mary Dixon
Marriage:
Wife Oly Mae Fyfe
Born: 1907
Christened:
Died: 1938
Buried:
Children
1 F Shirley Nadine Crews
Born:
Christened:
Died:
Buried:
General Notes: Husband - Wilburn R. Crews
Find a Grave, database and images (https://www.findagrave.com/memorial/39303912/wilburn_r-crews: accessed July 20, 2025), memorial page for Wilburn R. Crews (23 Aug 1904\endash 6 Oct 1941), Find a Grave Memorial ID 39303912, citing Shiloh Primitive Baptist Church Cemetery, Blackshear, Pierce County, Georgia, USA; Maintained by Robin Gatson (contributor 46582219).
Crews v. State
Supreme Court of Florida
Citations: 196 So. 590, 143 Fla. 263, 1940 Fla. LEXIS 1189
Full Case Name: Wilburn R. Crews v. State.
Docket Number: Unknown
Judges: Brown, Buford, Chapman, Terrell, Thomas, Whitfield
Posture: A Writ of Error from the Circuit Court for Duval County, A.D. McNeill, Judge.
Other Dates: Rehearing Denied June 24, 1940
Opinion
Authorities (2)
Cited By (9)
Summaries (0)
Similar Cases (24.9K)
PDF
Headmatter
Wilburn R. Crews v. State.
196 So. 590
En Banc
Opinion Filed May 31, 1940
Rehearing Denied June 24, 1940
*265 George A. Pierce an'd Edwin L. Jones, for Plaintiff in Error;
George Couper Gibbs, Attorney General, and William Fisher, Jr., Assistant Attorney General, for Defendant in Error.
Lead Opinion by Roy H. Chapman
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *265 The plaintiff in error, Wilburn R. Crews, on the 18th day of October, 1938, was indicted by a grand jury of Duval County, Florida, for the crime of murder in the first degree. The indictment alleges that the defendant, on the 16th day of July, 1938, unlawfully and from a premeditated design to effect the death of Oly Mae Crews did then and there kill the said Oly Mae Crews by shooting her to death with a pistol. On October 30, 1938, an order was entered by the Circuit Court of Duval County adjudging Wilburn R. Crews to be insolvent and appointing attorneys George R. Pierce and Edwin L. Jones, of the Duval County Bar, to represent the defendant Wilburn *266 R. Crews. The defendant entered a plea of not guilty to said indictment.
The record shows that several motions were presented by the defendant and ruled upon by the lower court, including a motion for a continuance filed on the 26th day of January, 1939. The basis of the motion for continuance was that the defendant, through counsel, had filed in the County Judge's Court of Duval County, a suggestion of insanity during the month of November, 1938, and that court had not ruled thereon, notwithstanding the fact that the petition was in full compliance with the statute. The trial court denied the motion for a continuance. On February, 6, 1939, another motion for continuance was made on the same ground as the one presented on January 26, 1939, and was also denied by the lower court.
On February 11, 1939, a jury was impaneled and sworn to try the case and evidence was submitted. The jury, after hearing all the evidence, argument of counsel and charge of the court upon the law, rendered a verdict of guilty of murder in the first degree, without recommendation to mercy. Counsel for defendant, within the time prescribed by law, filed a motion for a new trial consisting of 97 grounds, and on the 21st day of July, 1939, motion for a new trial was by the trial court overruled and denied, when the defendant was sentenced to death by electrocution. From this judgment of conviction and sentence writ of error was taken, the record perfected and the case is here for review on a number of assignments of error.
It is contended that the lower court erred in its orders denying the defendant's motion for a continuance of the cause until a subsequent term of the court. The ground or basis for the motions for continuance was that five reputable citizens, under the provisions of Section 3654 *267 C. G. L., in November, 1938, filed a petition in the County Judg's Court of Duval County, Florida, suggesting the insanity of Wilburn R. Crews and asked that he be examined. The petition as filed conformed to the statute, but the County Judge of Duval County failed or omitted to make an order on the petition as presented. The said Wilburn R. Crews at the time was being held in the county jail of Duval County on the charge of killing his wife, Oly Mae Crews.
The second motion for a continuance of the trial of the case until a subsequent term of the court was made on February 6, 1939, some few days prior to the date set for the trial of the case on its merits in the Circuit Court of Duval County. The grounds of this motion for a continuance were substantially the same as contained in the previous motion, viz.: that a petition under Section 3654 C. G. L. was then pending in the County Judge's Court of Duval County seeking an examination of the mental condition of Wilburn R. Crews, and that the petition had not been acted upon by the Judge of the County Judge's Court.
If the Judge of the County Judge's Court had made an order on the petition or had appointed a commission to examine into the mental condition of Wilburn R. Crews and the committee, after a full examination, had reported and recommended that Crews be committed, but little, if any, different results would have occurred because defendant was then being held in the county jail of Duval County, and had the petition been granted as prayed for the petitioner would have been transferred to the Florida Farm Colony or State Hospital as provided for by Section 3677 C. G. L. While it is true that the order of commitment would necessarily have been based on the mental condition of the defendant and the County Judge's Court by law was authorized to make an order as to the custody of the defendant had a committee *268 so recommended, but these statutes cannot be construed or interpreted so as to prevent the Circuit Court of Duval County from proceeding to exercise its constitutional jurisdiction in placing the defendant on trial under an indictment charging murder in the first degree. The Circuit Court likewise has jurisdiction to adjudicate the mental condition of the defendant. There is no merit to this assignment.
The record here discloses that the defendant below was adjudged insolvent and on the 26th day of January, 1939, applied to the lower court for an order permitting and allowing the defendant authority to employ Dr. H. Mason Smith, a psychiatrist, at a cost of $400.00 to be paid by the County of Duval, to make a physical and medical examination of the defendant and to give testimony on the trial of the cause as to defendant's mental condition. The lower court denied the application. While it is true that the defendant was insolvent and as a matter of law was entitled to the compulsory attendance of witnesses in his behalf and the cost thereof paid by the County of Duval, it does not appear by the petition or exhibits attached as evidence offered in support thereof before the Circuit Court that the proposed testimony of the physician was material or relevant to the defense of the defendant, but left the trial court in doubt and uncertainly as to what favorable testimony, if any, the proposed witness would give if required to appear. The most certain feature of the proposed testimony was a statement therefor in the sum of $400.00 to be paid by Duval County. The record here fails to show and the brief of counsel for plaintiff in error fails to cite authorities showing an abuse of discretion on the part of the lower court.
The testimony shows that on the afternoon of July 16, 1938, defendant hired a cab and went to Mandarin, some few *269 miles from the City of Jacksonville, where his wife and daughter were then residing with a family by the name of Landiss. When the defendant arrived at the Landiss home, Mrs. Crews, his daughter Shirley, and the Landiss family were in the kitchen eating supper. He asked the privilege of talking with his wife and daughter, and the three left the kitchen and walked out on the front porch of the home. The defendant asked Mrs. Crews and Shirley why they had not visited him in Jacksonville and Mrs. Crews replied that there had not been room for them in the Landiss automobile when it went into Jacksonville. The defendant then said he was going to do what he intended to do, and began shooting at Mrs. Crews. The defendant fired five shots, four of them at his wife and one of them at his daughter Shirley as she ran around the corner of the house in the direction of the kitchen. It is contended by counsel for plaintiff in error that the evidence of the shooting of Shirley Crews was improper, prejudicial and not a part of the res gestae. Mrs. Landiss testified as to picking up Shirley Crews immediately after she ran from the front porch to the back of the house, and further testified that Shirley told her that she (Shirley Crews) was shot. Mrs. Landiss' testimony is that she heard the shots on the porch when she was in the kitchen and immediately went to the front of the house and heard Shirley Crews screaming and running away from the scene of the shooting. There is some evidence that the defendant below fired four shots at his wife and while he was firing these shots his daughter Shirley ran from the scene and as she turned the corner of the building the defendant shot her, the ball entering the back of her body as she ran. Mrs. Landiss took the 11-year-old girl, inquired as to her trouble, and was by Shirley told that her father shot her. From our study of the testimony, we conclude that the statements made by Shirley Crews to *270 Mrs. Landiss were made from one to three minutes after the live reports of the pistol. We do not think that this testimony was prejudicial to the defendant but was a part of the res gestae. See Reid v. State, 68 Fla. 105, 66 So. 725.
The defendant is shown to be in his early thirties and was raised on a farm in Pierce County, Georgia, and his father gave testimony as to his difficulties with his studies while in school; that it was difficult for the defendant to learn and that his education was equivalent to the requirements of the sixth grade. His father further testified that the defendant fell from a tree when he was a child, striking his head upon the roots in the fall, and, in the opinion of the witness, his mental condition has been abnormal continuously since. The mother of the defendant gave testimony about the poor progress of the defendant while attending school, and further stated that he received some blow on the head in a fall, which he never overcame.
Dr. Harrell examined the defendant and was asked to give his opinion of the mental capacity of the defendant at the time of the commission of the crime, based upon the amount of alcohol the defendant had consumed sometime prior thereto on an empty stomach.
Dr. Weinreb qualified as an expert in psychiatry and neurology and testified that he had examined the defendant. He was asked for an opinion, based upon his examination, as to the mental capacity of the defendant to commit the crime charged in the indictment.
Dr. Harrell was offered as a witness by the prosecution after his dismissal by counsel for the defendant, and testified that on the 10th day of November, 1938, the defendant Crews was in his office wtih two deputy sheriffs and told Dr. Harrell that he had never been drunk. On cross examination *271 the State Attorney propounded the following questions to Dr. Harrell: "Q. Well, based upon those examinations, Doctor, of this defendant and your observation of him on these four or five occasions, what is your opinion as to whether this defendant has the mental capacity to distinguish right from wrong?" "A. I believe he has the mental capacity to distinguish right from wrong."
The issue of the sanity of the defendant at the time of the commission of the offense was within the province of the jury to settle, under appropriate instructions, along with the issue of guilt or innocence under the plea of not guilty. See Williams v. State, 45 Fla. 128, 34 So. 279; Johnson v. State,57 Fla. 18, 49 So. 40; Southworth v. State, 98 Fla. 1184,125 So. 345; Williams v. State, 100 Fla. 814, 129 So. 456.
It appears that the testimony of Doctors Harrell and Weinreb offered by the defendant was based upon their study and observation, as well as the history of the defendant, and the opinions sought and the assignment of error were not based upon the sanity of the defendant on the 16th day of July, 1938, the date the unlawful act was committed, but as to the mental rating of the defendant based largely upon facts, conditions and circumstances since the date of the commission of the crime. Several witnesses for the State testified that the defendant was in possession of his mental faculties at the time the crime was committed, but the defendant and the taxicab driver gave testimony to the effect that the defendant had drunk beer and whiskey. The rule controlling the admission of testimony of the physicians appears to have been settled by this Court in the case of Cochran v. State, 65 Fla. 91 (text pp. 97-99), 61 So. 187, in language, viz.:
"Where the insanity of the accused is a material issue in *272 a criminal prosecution, the court should by charges appropriate to the evidence in the case submit to the jury for their determination the question whether the accused at the time of the unlawful act alleged against him had a sufficient degree of reason to know that he was doing an act that was wrong. Davis v. State, 44 Fla. 32, 32 South. Rep. 822. The phase of insanity commonly known as the 'irresistable impulse' or 'moral insanity' doctrine is not recognized in this State as an excuse for an unlawful act. Williams v. State, 45 Fla. 128,34 South. Rep. 279; Copeland v. State, 41 Fla. 320, 26 South. Rep. 319.
" 'Intoxication does not excuse or mitigate any degree of unlawful homicide except murder in the first degree, unless as a result of such intoxication there be a fixed or settled frenzy or insanity either permanent or intermittent.' Thomas v. State, 47 Fla. 99, text 106, 36 South. Rep. 161; Garner v. State, 28 Fla. 113, 9 South. Rep. 835.
"In order to acquit on the ground of insanity a defendant charged with homicide, he must have been insane at the time the unlawful act was committed. It is not sufficient that he was insane before or after or both before and after, the unlawful act, but he must have been insane at the particular moment of the homicide. If, however, insanity of a permanent type or continuing nature, or characterized by a habitual and confirmed disorder of the mind, not temporary or occasional, is shown to have existed prior to the commission of the act, it would be presumed to continue up to the commission of the act, unless the presumption be overcome by competent evidence. Armstrong v. State, 30 Fla. 170, 11 South. Rep. 618; Davis v. State, 44 Fla. 32,32 South. Rep. 822.
"The mental effects of a mere voluntary intoxication may notexcuse the commission of an unlawful act or relieve *273 from its consequences, but if excessive and long continued use of intoxicants produces a mental condition of insanity permanent or intermittent, which insane condition exists when an unlawful act is committed, such insane mental condition may be of a nature that would relieve the person so affected from the consequences of the act that would otherwise be criminal and punishable."
We fail to find error in this assignment.
The prosecuting attorney, while addressing the jury, used language, viz.:
"Mr. Hallowes: He is so desperate that he is willing to tell the world that the mother of his little girl died a prostitute.
"Mr. Pierce: I object to that. There is no testimony Mrs. Crews was a prostitute in this record. I object to any such statement made to the jury.
"The Court: Gentlemen of the jury, you have heard the testimony. You know what the testimony is."
It is contended that the use of this language was inflammatory, prejudicial and highly improper. There is evidence in the record given by defendant's witness Bowden as to the conduct of the deceased. It is true that the State offered evidence to impeach the witness Bowden. We do not think, under these circumstances, that the language used by the prosecuting attorney was de hors the record, but bad its basis in the form of an inference deducible from the evidence adduced at the trial. There is no merit in this assignment.
Counsel for plaintiff in error filed a lengthy motion for a new trial in which the sufficiency of the evidence to sustain the verdict is called into question. We do not think it necessary to discuss or set out in extenso the testimony offered by the prosecution in this case as we think and believe *274 it to be sufficient, and that the jury, as reasonable men from the facts established, could have found the verdict challenged in this Court. The defendant as witness, admitted he Went to the Landiss home, called for his wife and daughter, went to the front porch of the home, and told of a conversation with his wife and a subsequent struggle with the witnesses Hammond and Landiss, when a pistol was taken from the defendant. It can be inferred from the testimony that the defendant admitted the shooting and as a defense thereto seeks to establish that he was insane at the time of the shooting, or did not have the mental capacity to commit the crime. The jury found contrary to this contention.
We have examined the instructions of the court upon the law of the case, heard able oral argument at the bar of this Court, the record has been carefully studied, briefs read and authorities cited examined, and we hold that substantial justice was awarded in the court below.
The judgment appealed from is hereby affirmed.
TERRELL, C. J., WHITFIELD, BROWN, BUFORD and THOMAS, J. J., concur.