Erastus French Harman

Notes:

Company ?I" 16th Virginia Cavalry, CSA

This company was formed on January 15, 1863 from two Virginia Cavalry Battalions. Those two battalions were; 1. Maj. Otis Caldwell and 2. Capt. Milton Ferguson-later promoted to Col.

Annotated by Karen EAGLE Moman
October 2002

ENLISTED: (in alphabetical order)

E. F. HARMAN
Erastus French Harman, s/o Hezekiah 'Kiah' Harman, Jr., & Nancy Harman, d/o Henry Harman, Jr. E. F. Harman married Susannah 'Susan' Vance, 8 Apr 1856 in Tazewell Co., VA., d/o Elijah & Jane Vance, Esq.

Erastus married Susan Vance 08 Apr 1856, Tazewell Co. VA. [Group Sheet]

Notes:

1860 Census Tazewell Co, VA, taken on 16 Aug 1860, Page 892, Family #1416.

Listed as Kiah Harman, age 3, born in VA, in household of father, Erastus F. Harman.

Kiah married Mary Ann (Annie) Fuller. Mary died 10 May 1907. [Group Sheet]

Other Events:

• Occupation: Moonshiner
• _UID: DC4DE1DA1242483E81ED2A99A135F809C6E7

Notes:

Killed while escaping a forest fire that started around his moonshine still. Was around 50 years old. Buried on Bradshaw Mountain, WV.
Nancy Whitaker Tate remembers him as being fun loving and full of mischief. Was well-liked.

CENSUS RECORDS

1900 United States Federal Census
Name: Beverly F Harman
Age: 16
Birth Date: Nov 1883
Birthplace: Virginia
Home in 1900: Jeffersonville, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: Kish Harman
Father's Birthplace: Virginia
Mother's Name: Mary A Harman
Mother's Birthplace: Virginia

1910 United States Federal Census
Name: French Harman
Age in 1910: 26
Birth Year: abt 1884
Birthplace: Virginia
Home in 1910: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Married
Spouse's Name: Nora L Harman
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
French Harman 26
Nora L Harman 34
William T Harman 1
James N Harman 4 months
Virginia C Harman 8 [sister]

1920 United States Federal Census
Name: French Harman
Age: 37
Birth Year: abt 1883
Birthplace: Virginia
Home in 1920: Big Creek, McDowell, West Virginia
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Married
Spouse's Name: Nora L Harman
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
French Harman 37
Nora L Harman 43
William F Harman 11
James N Harman 10
Anna M Harman 5
Henry G Harman 3 years 11 months
Roy T Harman 1 year 6 months

1940 United States Federal Census
Name: French Harman
Age: 56
Estimated Birth Year: abt 1884
Gender: Male
Race: White
Birthplace: Virginia
Marital Status: Married
Relation to Head of House: Head
Home in 1940: Big Creek, McDowell, West Virginia
Farm: Yes
Inferred Residence in 1935: Big Creek, McDowell, West Virginia
Residence in 1935: Same House
Resident on farm in 1935: Yes
Occupation: Farmer
Industry: Farm
House Owned or Rented: Rented
Value of Home or Monthly Rental if Rented: $1
Highest Grade Completed: Elementary school, 6th grade
Duration of Unemployment: 162
Class of Worker: Wage or salary worker in private work
Weeks Worked in 1939: 0
Income: 0
Income Other Sources: Yes
Household Members:
French Harman 56
Nora Harman 64
Grat Harman 24
Newton Harman 30
Margaret Harman 22
Kathryn Harman 4 [granddaugther]
Cormen Perkins 18 [lodger]

NEWSPAPER ARTICLES

12 February 1915 CVN

SHARDER
Mr. French HARMAN is moving to J.H. MCGUIRES place on Banjo Branch.

Birth:
World War I Draft Registration Cards, 1917-1918
Name: Beverly French Harman
County: Tazewell
State: Virginia
Birth Date: 10 Nov 1883
Race: White

Buried:
Grave location:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSln=harman&GSiman=1&GScid=151357&GRid=81417792&

Died:
Death Certificate
http://www.wvculture.org/vrr/va_view.aspx?Id=2675166&Type=Death

Beverly married Nora Louise WHITAKER. Nora (daughter of Hiram (Hi) WHITAKER and Emily Jane NELSON) was born 18 Mar 1874, Tazewell Co. VA; died 13 Feb 1971, Trenton, Wayne Co. MI; was buried , Whitaker Family Cemetery, Cedar Bluff, Tazewell Co. VA. [Group Sheet]

Other Events:

• _UID: CBBA9AD751A640B3AC6617E83F12BA7E7A06

Notes:

Tombstone indicates he was a TEC4 in the US Army in World War II.

Spent time in jail. Lived at cottage on hill above the home built by Newton Hubbard Whitaker. Conned Rosa Whitaker Shepherd into signing a note so he could buy a used Buick Skylark from Nancy Whitaker Tate, mother of Cheryl Tate Duke. He never repaid the loan. When he died, his daughter, Patricia, came and claimed his life insurance money, returned to Indiana, but never repaid Rosa the money.

CENSUS RECORDS

1910 United States Federal Census
Name: James N Harman
Age in 1910: 4 months
Birth Year: abt 1910
Birthplace: Virginia
Home in 1910: Maiden Spring, Tazewell, Virginia
Race: White
Gender: \Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: French Harman
Father's Birthplace: Virginia
Mother's Name: Nora L Harman
Mother's Birthplace: Virginia

1920 United States Federal Census
Name: James N Harman
Age: 10
Birth Year: abt 1910
Birthplace: Virginia
Home in 1920: Big Creek, McDowell, West Virginia
Race: White
Gender: Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: French Harman
Father's Birthplace: Virginia
Mother's Name: Nora L Harman
Mother's Birthplace: Virginia
Able to Read: Yes
Able to Write: Yes

1930 United States Federal Census
Name: Newton Harman
Gender: Male
Birth Year: abt 1910
Birthplace: Virginia
Race: White
Home in 1930: South Bend, Fulton, Georgia
Marital Status: Single
Relation to Head of House: Prisoner
Father's Birthplace: Virginia
Mother's Birthplace: Virginia

1940 United States Federal Census
Name: Newton Harman
Age: 30
Estimated Birth Year: abt 1910
Gender: Male
Race: White
Birthplace: Virginia
Marital Status: Married
Relation to Head of House: Son
Home in 1940: Big Creek, McDowell, West Virginia
Inferred Residence in 1935: Big Creek, McDowell, West Virginia
Residence in 1935: Same House
Education: High School, 2 years
Occupation: Farmer
Highest Grade Completed: High School, 2nd year
Hours Worked Week Prior to Census: 40
Class of Worker: Working on own account
Weeks Worked in 1939: 35
Income: 400
Income Other Sources: No
Neighbors: View others on page
Household Members:
French Harman 56
Nora Harman 64
Grat Harman 24
Newton Harman 30
Margaret Harman 22
Kathryn Harman 4 [daughter]
Cormen Perkins 18 [lodger]

Buried:
Grave location and tombstone photo:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=119777360

Died:
Social Security Death Index, 1935-Current
Name: James Harman
SSN: 231-14-8048
Last Residence: 46767 Ligonier, Noble, Indiana
Born: 17 Dec 1909
Died: Jul 1975
State (Year) SSN issued: Virginia (Before 1951)

James married Margaret. Margaret was born ca 1918, Virginia. [Group Sheet]

Notes:

He was a hobo as a young man and traveled during the Depression. Later had a radio repair shop in War, WV. Moved to Florida. Had 5 children.

CENSUS RECORDS

1910 United States Federal Census
Name: William T Harman
Age in 1910: 1
Birth Year: 1909
Birthplace: Virginia
Home in 1910: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: French Harman
Father's Birthplace: Virginia
Mother's Name: Nora L Harman
Mother's Birthplace: Virginia

1920 United States Federal Census
Name: William T Harman
Age: 11
Birth Year: abt 1909
Birthplace: Virginia
Home in 1920: Big Creek, McDowell, West Virginia
Race: White
Gender: Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: French Harman
Father's Birthplace: Virginia
Mother's Name: Nora L Harman
Mother's Birthplace: Virginia
Able to Read: Yes
Able to Write: Yes

1930 Census, McDowell Co. WV. Listed as a boarder in home of John W. Gates. Taft was listed as age 21, single, literate, laborer in a coal mine, born in VA, both parents born in VA.

William married Juanita Freeman 31 Mar 1936, Yukon, McDowell Co. WV. Juanita was born ca 1914, Berwind, McDowell Co. WV. [Group Sheet]

Other Events:

• _UID: 00157C332C3849D2B7A9E37923331A0372B0

Notes:

died at Thelma Christian's home. She was in her early 20's. Cause of death was unknown.

CENSUS RECORDS

1920 United States Federal Census about Anna M Harman
Name: Anna M Harman
Age: 5
Birth Year: abt 1915
Birthplace: Virginia
Home in 1920: Big Creek, McDowell, West Virginia
Race: White
Gender: Female
Relation to Head of House: Daughter
Marital Status: Single
Father's Name: French Harman
Father's Birthplace: Virginia
Mother's Name: Nora L Harman
Mother's Birthplace: Virginia

Birth:
DOB calculated from death certificate.

Died:
West Virginia Vital Records
http://www.wvculture.org/vrr/va_view.aspx?Id=4665146&Type=Death

Other Events:

• _UID: 301211FA256F4DC2A20835D4C265F1CC8792

Notes:

was in jail most of his adult life because of moonshining.

CENSUS RECORDS

1920 United States Federal Census
Name: Henry G Harman
Age: 3 years 11 months
Birth Year: abt 1917
Birthplace: Virginia
Home in 1920: Big Creek, McDowell, West Virginia
Race: White
Gender: Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: French Harman
Father's Birthplace: Virginia
Mother's Name: Nora L Harman
Mother's Birthplace: Virginia

1940 United States Federal Census about Grat Harman
Name: Grat Harman
Age: 24
Estimated Birth Year: abt 1916
Gender: Male
Race: White
Birthplace: Virginia
Marital Status: Single
Relation to Head of House: Son [in household of French and Nora Harman]
Home in 1940: Big Creek, McDowell, West Virginia
Inferred Residence in 1935: Big Creek, McDowell, West Virginia
Residence in 1935: Same House
Education: 7th grade
Occupation: Farmer
Class of Worker: Working on own account
Weeks Worked in 1939: 52
Income: $600
Income Other Sources: No
Household Members:
French Harman 56
Nora Harman 64
Grat Harman 24
Newton Harman 30
Margaret Harman 22 [sister-in-law]
Kathryn Harman 4 [niece]
Cormen Perkins 18 [lodger]

Died:
Death certificate
http://www.wvculture.org/vrr/va_view.aspx?Id=1209591&Type=Death

Henry married Mildred Marie Perkins 02 Sep 1949, War, McDowell Co. WV. Mildred was born ca 1931, Caretta, McDowell Co. WV. [Group Sheet]

Other Events:

• Occupation: Moonshiner
• _UID: 493EA58F8B5B4E5CBDF5720D3C67399DF5EC

Notes:

Worked with his father. Spent time in jail for illegal alcohol manufacturing. Migrated to MI, worked for automobile car makers.

CENSUS RECORDS

1920 United States Federal Census
Name: Roy T Harman
Age: 1 year 6 months
Birth Year: abt 1919
Birthplace: Virginia
Home in 1920: Big Creek, McDowell, West Virginia
Race: White
Gender: Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: French Harman
Father's Birthplace: Virginia
Mother's Name: Nora L Harman
Mother's Birthplace: Virginia

1940 United States Federal Census
Name: Roy Harman
Age: 21
Estimated Birth Year: abt 1919
Gender: Male
Race: White
Birthplace: Virginia
Marital Status: Single
Home in 1940: Charleston, Kanawha, West Virginia
Inferred Residence in 1935: Rural, McDowell, West Virginia
Residence in 1935: Rural, McDowell, West Virginia
Institution: Kanawha County Jail
Education: High School, 1 year


HARMAN,
v.
UNITED STATES
United States Court of Appeals Fourth Circuit
Argued June 20, 1952
Decided Sept. 25, 1952

J. Raymond Gordon, Charleston, W.Va., for appellant.

Philip A. Baer, Asst. U.S. Atty., Huntington, W.Va. (A. Garnett Thompson, U.S. Atty., Charleston, W.Va., on brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and PAUL, District judge.

PARKER, Chief Judge

This is an appeal in a proceeding instituted under 26 U.S.C. §§ 2831, 3116 and 3321, for the forfeiture of an automobile truck which it was alleged had been used to convey materials and necessary equipment to an illicit distillery by one Roy Harman. Lucille Harman filed an intervening petition claiming that she was the owner of the truck and that she had no knowledge that it was being used in violation of the internal revenue laws. A jury trial was had, and in response to issues submitted to them the jury found that the truck was used by Roy Harman to haul materials for use in making moonshine whiskey and that Lucille Harman knew or had reason to believe that it was being used for that purpose. Judgment of forfeiture was entered on this verdict and Lucille Harman has appealed

A large moonshine still was discovered by officers near the home of Beverly French Harman in McDowell County, West Virginia, so situated that it could not well have been operated without the use of a truck for the purpose of conveying materials and utensils to a nearby point. Roy Harman was the son of Beverly French Harman and the brother of Newton Harman and Gratin Harman who were definitely shown to have been engaged with David Robert Stevenson in operating the still. There was evidence that Roy Harman was closely associated with Newton Harman, that he made frequent visits to the Beverly French Harman home and that he used a truck to haul sugar, middlings, grain, yeast and other supplies to a point near the distillery. No one connected with the distillery except Roy Harman had the use of a car or truck. The truck in question was bought and paid for by him and he operated it. Although the title was placed in the name of Lucille Harman, a girl whom he was engaged to be married, she paid nothing towards purchasing it and had nothing to do with its operation, except that she frequently rode around in it with him. This evidence was clearly sufficient to take the case to the jury.

Equally lacking in merit is the contention with respect to the examination and testimony of the witness Stevenson. This witness had given a statement to government counsel to the effect that Roy Harman had hauled sugar, middlings, yeast and jugs on a Ford pick up truck to a point about 200 yards above the Harman house in the direction of the distillery. When called to the stand by the prosecution he gave testimony in conflict with this statement, whereupon counsel for the prosecution asked leave to cross examine him as a hostile witness. This was allowed and the witness admitted giving the statement and testified that it was the truth.

There is nothing in the contention that the court erred in allowing the jury to consider the statement as evidence in the case instead of limiting it to impeachment of the testimony of the witness. When the witness testified that the statement was true it became a part of his testimony, and not mere matter of impeachment, and was to be weighed by the jury along with the other testimony he had given.

The third question is whether the proceeding for condemnation must fail because the truck was taken into possession for the purpose of the proceeding, not from Roy Harman or the claimant, but from state officers who had seized and searched it when arresting Roy Harman without a warrant. No question is presented with respect to the admissibility of evidence obtained as the result of an unlawful search and seizure, for no such evidence was offered. Forfeiture is asked not on account of what was found at the time of seizure but of what had occurred prior thereto; and vehicles may be forfeited for violations of law occurring prior to seizure as well as when they are seized flagrante delicto.

The fact that the state officers may have had no authority to seize the truck when arresting Harman is immaterial, for they yielded possession to the federal authorities for the purposes of this proceeding; and it is well settled that 'where property declared by a federal statute to be forfeited, because used in violation of federal law, is seized by one having no authority to do so, the United States may adopt the seizure with the same effect as if it had originally been made by one duly authorized.

We can see no reason for doubting the soundness of these principles when the forfeiture is dependent upon subsequent events any more than when it occurs at the time of the seizure, although it was argued that there was a difference. They seem to us to embody good sense. The exclusion of evidence obtained by an unlawful search and seizure stand on a different ground.

Roy married Lucille Harmon 02 Sep 1953, Welch, McDowell Co. WV. Lucille was born ca 1929, Warriormine, McDowell Co. WV. [Group Sheet]

Other Events:

• _UID: 0557FDC45FA44A69AE8FCF5E4590902ED063