The hands of justice sometimes moved slowly in the history of Roane County. One of the best examples is the killing of Thomas GALBREATH in September of 1884. It took 25 years before anyone was tried for the killing, in spite of the fact that the murder took place in broad daylight in front of several witnesses.
Willis MABERRY, was Tom GALBREATH's brother-in-law and, according to the records found in the Historic Roane County Courthouse archives, including a transcript of the trial in 1909, the shooting took place in Old Oakdale in Roane County (now renamed Elverton) located between Harriman and Oliver Springs. Testimony reveals that Thomas GALBREATH was in the front yard of his brother's home with two other men, when Willis shot him with a shotgun hitting him in the left side, on the arm, the back of the neck and through the leg.
Lucy GALBREATH was sitting inside the house peeling apples when the
shot rang out. She rushed to the door, saw MABERRY with a gun in his hand
pointed at Tom and called him not to shoot any more since he had already
killed her pig. MABERRY offered
to pay Lucy for the pig, and did not shoot again.
The pig died instantly and Tom died about 24 hours later.
Some of the shots also went through a fence and Lucy's feather beds
which were drying on the fence.
Witnesses testified that MABERRY shot from an ambush under porch steps
of the house across the street. The
musket was found near the steps, and had recently been fired.
Another witness, John STAPLES, testified that MABERRY had told him some
months previous to the shooting that he was going to kill GALBREATH "if
powder will burn for 'cutting' (stabbing) him.
Other witnesses said the two men were close friends, but deputy
sheriff, W.C. LYLES, testified that MABERRY told him he had been
"cut" by GALBREATH and was angry about it.
MABERRY took the stand on his own behalf and denied everything.
He did admit that he left Roane County soon after the killing
"but, not until after the funeral" and traveled extensively for
about 25 years, working in places as St. Louis, Mo., Baltimore, Md.,
Cincinnati, Ohio, and Nebraska. According
to relatives, MABERRY came back to Roane County in 1909, after the death of
his father to claim part of the family's property and was arrested for the
He was convicted for the crime in the historic courthouse in Kingston,
and sentenced to life imprisonment.
case was appealed to the Tennessee Supreme Court and upheld.
He was sent to the state prison in Nashville . . . but the story
doesn't end here.
While still being held in jail in Kingston, he began writing a poignant
poem which was entitled "Roane County Prisoner."
He later finished the poem, it was set to music and became quite
popular after the turn of the century under the title, "The Hills of
Roane County." May Roane
County residents remember hearing it played on the radio in the 1930s and 40s.
The words to the song vary slightly, but the following is believed to
be the first rendition:
In the beautiful hills, in the midst of Roane County, There's where I
have roamed, for many long years; There's where my poor heart's been tending
most ever, There's where my first steps of misfortune I made.
I was thirty years old when I courted and married, Amanda GALBREATH was
then called my wife. Her brother
stabbed me for some unknown reason; Just three months later, I'd taken Tom's
For twenty years this old world I rambled; I went to old England, Old
France, and old Spain. I thought
of my home way back in Roane County; I boarded a steamer and came back again.
I was captured and tried in the village of Kingston.
Not a man in that county would speak a kind word.
When the jury came in with a lifetime of prison were the words that I
The train it pulled out; poor Mother stood weeping.
And sister, she sat all alone with a sigh.
The last words I heard were: "Willie, God bless you; Willie, God
bless you, God bless you; goodbye."
The train left the shed at about eleven thirty; The chains they did
rattle, the handcuffs were tight When Sonny Gibson took the throttle The
engine one-thirty was soon out of sight.
In the scorching hot sun I've been toiling; Just working and worrying my poof life away. You can measure my grave on the banks of old Cumberland After I've finished the rest of my days.
No matter what happened to me in Roane County; No matter how long my
sentence may be, I love my old home way back in Roane County, Way back in the
hills of East Tennessee.
MABERRY became ill while in prison, was released and returned to his home in the hills of Roane County. Exactly when he was released is not known, but apparently he suffered from poor health the rest of his life. He lived alone and his GALBREATH kin folks made sure he had care and enough to eat.
The date of his death is also not known, but he is said to be buried at
Byington, a community between Knoxville and Oak Ridge.
for this article are: "The Rockwood Times" newspaper, September 9,
1909; The State vs. Willis MABERRY Loose papers, Historic Roane County
Archives, Oral history taken by Mrs. Andy HARVEY from Richard Louis GALBREATH;
Tom GALBREATH, Jr. (son of Tom GALBREATH, and Frankie GALBREATH ESKRIDGE.
Loose papers, Historic Roane County Archives.