State of Tennessee v. Charles Taylor Teague

Charles Taylor Teague (1849 - 1927)

This is a story about an incident in the life of  Charles Taylor Teague, he  was my 2nd-great-grandfather. It is only one of many incidents that happened in his life, one I don't think anyone in the family knew about.  The lineage is 1. Charles Taylor Teague; 2. Lee Robert Teague; 3.Lorene Etheridge Teague Pollock and 4. Marion Elzie Pollock.  The general detail of Charles's life can be read by clicking on his picture.

Charles grew up in a very prominent family in Lexington, Henderson County, Tennessee. His father, brothers, uncles, and cousins, all held positions for the city of Lexington and the county of Henderson such as mayor, sheriff, county clerk, county trustee, county justice, county clerk, and quite a few others from the beginning of the formation of Henderson County.. His brothers and cousins fought for the Union during the civil war and considering they provided their horses and rifles, this was a sign of the family's prosperity.  After the Civil War, Charles' brother, Jasper, owned a livery and stable, a saloon, and along with their father, a liquor store all located on the city square across the street from the courthouse in Lexington.  Their stories can be read individually by clicking this link:  Teague Family Stories and then clicking on each name listed.

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"Republican Banner" Sunday, Feb 28, 1875

The incident happened on February 22, 1875. Charles and his brother, David, were working in the Teague and Reed Saloon at 54 South Main Street, owned by their brother Jasper and cousin Cap Reed.  The whys and wherefores are unknown but something happened that caused Charles to shoot and kill Elijah Robertson. Newspaper articles and the legal documents differ on the names of the people involved, using middle names of the Teagues and misspelling Elijah Robertson's last name. 

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"The Tennessean" Saturday, March 6, 1875

Shortly after the shooting, Sheriff A.E.Aydelotte arrested Charles without any warrant. The Sheriff arrested him without any legal process and without the offense being committed in his presence or the presence of a Judge. The Sheriff left the prisoner in the presence of a guard and went to the hotel to see the Judge of the court to ask him if he had the authority to take a bond from Charles which the Judge replied that he, Aydelotte, did have authority and then the Sheriff asked the Judge what size bond should he ask for so that Charles could appear before the Judge the next day.  The Judge said $2,000. 

Charles did not appear before any committing court nor did he waive any preliminary examination. He did not know about Aydelotte going to the see the Judge at the hotel.  At no later time was Charles brought before the Judge or any one else as a committing court. 

The $2,000 bond was paid by Charles' father, John R. Teague; his brother, L.A. (Leander) Teague; W. H. Burkett (Charles' brother-in-law); and A.T. Terrill. A.T. Terrill was also Charles' brother-in-law, he was married to Amanda Burkett,  Alfred (A.T.) was named as Administrator to the Estate of William Burkett. William Burkett was the father of Amanda and Elizabeth, Charles Teague's wife.

​Due to Charles fleeing Tennesse and not appearing before the Court, the $2,000 bond was forfeited by the State filing a Forfeiture on Bond  proceeding against the sureties.  The next year found the sureties of the bond trying to have the $2,000 returned to them due to irregularities that were performed during Charles' arrest. John R. Teague, et al. filed several Judgment Nisi* and other motions to have the $2,000 bond returned and each decision was decided against them. They appealed to the State Supreme Court.

The Tennessee Supreme Court convened on the 4th Monday in June of 1876 to examine the facts of the case and reached the decision that Sheriff A.E. Aydelotte was not duly, properly and legally authorized to admit Charles T. Teague to bail and to take the bond upon which the Judgement Nisi was rendered...against the Defendants. It is considered that the Scire facias** previously be dismissed. And that the Judgement Nisi rendered at the February Court of 1875 of this Court against the Defendants be set aside and for nothing held. And that the State of Tennessee pay the cost of this suit, which was $26.40. The Attorney General appealed this decision.

​On Saturday, July 1, 1876, the court heard the evidence provided by the Attorney General and the Defendants (Sureties) and upheld the decision reached during the June 1876 session of the Supreme Court. The Attorney General filed exceptions and appealed to the Western Division of the State of Tennessee to be held on the 2nd Monday of September 1876.  Unfortunately, the documents held by the Tennessee State Archives did not include copies of the final decision.

Charles moved to Texas after the shooting, first to Lamar County, then Wise County and ultimately Stephens County, Oklahoma. Several years after the shooting, his brothers David and Jasper also moved to Texas from Henderson County, Tennessee. Jasper to Lamar County by 1880 and David  moved to Rains County, Texas by 1900 and then Wise County, Texas by 1910.

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The Teague and Reed Saloon owned by Jasper (son of Robin and Polly) and Cap Reed was located at #28, actual address was 54 South Main Street, which was where Charles shot Elijah Robertson. Robin and his son Jasper's store, J.N. and R. Teague Liquor Store, was located next door at 52 South Main Street.

Present day view of 54 South Main Street

Google Map Information:
(Building on left was the saloon and the liquor store was in the middle of the white building and the brown building)  The saloon is now a Rexall Drug store and the liquor store is now The Gift Garden.
54 S Main St
Lexington, TN 38351

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Definitions:
​*Judgment Nisi - Nisi is Latin for "unless." A judgment nisi is an intermediate judgment which will become final unless a party appeals or formally requests the court to set it aside.

​**Scire Facias. [Latin, Made known.] A judicial writ requiring a defendant to appear in court and prove why an existing judgment should not be executed against him or her. In the law, scire facias is a judicial writ that is brought in a case that has already been before a court.


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