The William Burns Malone Family

Experiences Of Early Settlers

Written By: Ira E. Malone, Jr,
Contributed by: Roy Malone

The following family biographical note was scanned from the
Hood County Genealogical Society Newsletter No. 14; No. 1; May 1996 Editor: Merle McNeese

William Burns MALONE

The following is a history of William Burns Malone. It was recently written by his grandson, Ira E. Malone, Jr. of Houston, Texas. William Burns Malone is the 4X Gr Uncle of member Vickie Knuth and he is member Boy Malone’s first cousin three times removed. A daughter of William Burns Malone married Samuel Yeats. Various Yeats descendants have been the object of recent research at our archives.

William Burns Malone was my paternal Grandfather. Sadly, he had gone to his reward fourteen years before I was born. One of the great regrets of my life was that I never knew any of my four grandparents. There’s something special about the grandparent-grandchild relationship. I was always curious about who I was, who were my ancestors, where did they come from. I could have learned so much from them.

William Burns Malone was born in Copiah County, MS, 26 Oct. 1843. Early birth records do not exist in Copiah County but I have documented his birth in two locations. The birth is recorded in the Isaac Malone Family Bible. This Bible is now in the hands of Isaac’s great-grandson, Lynn Wade Malone, Waco, TX. William Burns Malone died at Lipan, Hood County, TX 10 Jun. 1909. He is buried in Evergreen Cemetery east of Lipan and his tombstone records his birth as 26 Oct. 1843.

Actually, William Burns Malone was called “Burns” most of his life. The Hamilton County TX Census of 1870 and 1880 lists him as Burns. Henceforth, I shall refer to him as such.

The “BURNS” name has intrigued me from the beginning of my Malone research. I’ve not found this Burns given name in the Malone or Nix lineage. I’m unable to find the surname of Mary, wife of Temple Nix. It is my theory that Pretia NIX Malone wished to preserve her Mother’s surname by naming a son Burns. There were Burns families living in the neighborhood of Temple Nix’s family in Chester County, SC. Temple and Mary married there and it is conceivable that she was a Burns. I cannot document this.

Burns was one of four sons born to Isaac Malone and Pretia Nix. He was the product of first cousins. Isaac was the son of Rhoda NIX Malone and Pretia was the daughter of Temple Nix, brother to Rhoda. Marriage between cousins was common and often preferred during the first three hundred years of our nation. Only Burns and one brother reached manhood. A brother, Thomas, lived two months and another, John, died at the age of five.

Isaac, his Mother, Rhoda and brothers, David and Thomas Malone came to Copiah County, MS in 1823. All had acquired land over a period of twenty-two years. Rhoda had died there, intestate, and her Estate Settlement is recorded in Copiah County records. The Western advance was sweeping the nation and “Gone To Texas” swept up the Malones. All sold their lands and headed West. David Malone settled near relatives in Bienville Parish, LA. Isaac and Thomas Malone pushed on to Texas. They arrived in the Republic shortly before Texas became part of the United States. Both Isaac and Thomas received land grants from the Republic. These grants were recorded in Navarro County but were located in present Freestone County, TX.

Burns Malone was a baby during the westward trip but he grew to young manhood in Freestone County. Burns and two sisters were listed as “attending school” in the Freestone County School Census of 1855. This would indicate he had some formal education but we don’t know how much. He signed a Confederate pension application with an X but we know he could read and write. Burns had lost most of his eyesight when he signed this application in 1902. Being the only grown son, Burns was assigned farm responsibilities at an early age. Though he had older and younger sisters, it fell his lot to help his father run the farm. This proved to be excellent training as he was to become a good farmer and stock raiser.

The Malones were living in Freestone County when the terrible war between the States broke out. Neither Isaac nor Thomas Malone owned slaves but most Texans sympathized with the Southern States as most had roots in those States.

Burns enlisted in the Confederate Army at Fairfield, County Seat of Freestone County, 15 May 1862. He was nineteen years of age, serving as a private in Capt. Wm. M. Peck’s Company “I”, Col. Overtone Young’s Eighth Regiment, Twelfth Texas Infantry Volunteers.

From the National Archives we have a short history of Company “I”. From Feb. 28 to Jun. 30r 1862, the Company was at Fairfield, en route from Camp Hebert to Little Rock, AR. Jul. and Aug. 1862, the Company was at Camp Sulphur, AR, enroute from Tyler, TX to Little Rock, AR. The Company was at Camp Nelson, AR in Sep. and Oct. Mar and Apr. of 1863, the Company was on the march from Pine Bluff, AR to Monroe, LA. Jan and Feb. 1864 was spent at Camp Rogers, LA.

Burns personal service records were taken from six Muster Rolls in the National Archives. Feb. 28 to Jun. 30, 1862, he is shown enlisting 15 May 1862, at Fairfield, TX. He was enlisted for a period of three years. Jul. and Aug. 1862, Burns is listed as absent, with a rear division of the Regiment since 7 Aug. 1862. Sep. and Oct 1862, he is listed as present, rejoining the advance division 17 Oct. 1862. Mar and Apr. 1863, Burns is listed as absent with this comment. “Left sick at Pine Bluff, AR since 25 Apr. 1863.” The Muster Roll for Jan and Feb. 1864, shows Burns present. A “Regimental Return” for Apr. 1865, makes the follow ing statement concerning Burns Malone. “Absent enlisted men accounted for”: absent with leave, furloughed Apr. 30, 1865. 43 days. I assume he was released from service 43 days before furlough date. According to a later pension affidavit, Company I was disbanded at Camp Hebert, Hempstead, TX.

I can find nothing in the records to indicate Burns took part in any battles. He made two applications for a Civil War pension. The second application was supported by two affidavits from men who served with him. None mentioned battles they had participated in.

While Burns was away in the Army, his family sold their land in Freestone County and moved near Old Hico in Hamilton County, TX. Isaac and Pretia sold their land grant 13 Aug. 1863 (Freestone Co. Deed Book HI Vol. 1, pages 361 and 460). Isaac’s brother, Thomas, and other family friends had moved to Hamilton County by 1860. It must have been quite a shock to Burns when he returned home and found family and friends gone West. There are no records to indicate whether he went from Hempstead to Fairfield or Hempstead to Hico.

Burns wasted little time when he hit Hico. He was furloughed from the Army 30 Apr. 1865, and married Emily Jane (called Jane) Fuller 25 Oct. 1865. Jane was the daughter of Henry Fuller and Emily McDONALD Fuller. I find no records indicating the Henry Fuller family lived in Freestone County prior to Burns enlistment in the Army. This family is enumerated in the Hamilton Co. Census of 1860, so I assume Burns met Jane at Hico. The Hamilton County Marriage Records for 1865 have been lost or destroyed so a County license does not exist. However, I document this marriage, based on Jane’s application for a Civil War Pension, due to her husband’s service. Page one of application, question five: What was your husband’s full name? “William Burns Malone.” Question six: When and where were you married? “Hamilton County, TX, 26 Oct. 1865.”

My father never discussed his parents in great detail. At least that’s the way I remember. However, my memory could also be suspect. I do have one article that shows a lighter side of Burns. A copy of this was sent to me by Launa Purvis, great granddaughter of Isaac Malone.

One of the early day newspapers was the Semi-Weekly Farm News, originally published in Galveston, TX. This paper ran a regular column with the title of “Pioneers and Veterans.” Readers were encouraged to submit their experiences in the Civil War or their early life on the Texas frontier.

[A nephew of Burns wrote an article about his early life in Texas for the Semi-Weekly Farm News, originally published in Galveston, Texas]

Henry Horn of Carnegie, OK submitted a two column story of his early life in Texas. Henry was a nephew of Burns Malone and the son of Manerva Ann Malone and William L. Horn. Burns and Manerva were siblings. In paragraph three of Henry’s article, he makes this statement.

I thought some research in the origin of this song would be interesting. One reference indicated it was popular among the Confederate soldiers during the Civil War. The first reference was found in “Ozark Folk Songs”, by Vance Randolph, Vol. 3, page 377. It states that the piece probably derives from an old fiddle-tune “I Love Sugar In My Toddy-O”, mentioned by Lair (Swing Your Partner, 1931, page 14). Only three lines of the tune were listed.

Another reference comes from the Tennessee Folklore Society Bulletin 5, April 1939, page 32-33. Three verses are detailed here and credits a Nancy Jane Jones.

Henry Horn gave me a little insight into my Grandfather’s early life. Apparently he liked to party, sing and have a good time. This may have been encouraged, somewhat, by a bit of libation. Knowing soldiers, my guess is, “Sugar In The Coffee” was quite spiced up with additional risqué’ wording.

Unfortunately, Henry Horn’s article is not dated. There is some indication it may have been submitted in the 1920’s. An article such as this is pure gold to a genealogical prospector.

The Henry Fuller family was in Hamilton County when the 1860 Census was taken, 28 Jun. 1860. Henry was approved to homestead 160 acres of State domain 31 Jul. 1860. This land was on a branch of Honey Creek and was promptly named Fuller’s Branch. The description of the land states it is thirteen and a half miles North of Hamilton, TX. The location is near present day Carlton, TX.

Five years after Burns Malone and Emily Jane Fuller married, they were approved to homestead 160 acres of public land belonging to the State of Texas. The empowering document bears date of 12 Aug. 1870. This land joined Henry Fuller’s land on the South. There was a major problem with the location of these lands. They lay squarely in the eastern hunting grounds of the fierce Comanche Indians. This was on the very edge of the Western frontier as it existed in Texas at the time. The Comanches were determined that no Angles would push farther West. Hence, large Comanche was parties preyed on outlying farms and ranches constantly. They came murdering, burning, pillaging, and committing heinous crimes and atrocities. All acknowledged that Comanche warriors were the best horsemen in the world. Their greatest desire was to steal fine horses and mules of the settlers.

One of the requirements of County officials in the Western Counties was to submit a periodic report to the Texas Governor, detailing Indian depredations. During a period, 1 Jul. 1865 to 20 Feb. 1867, Hamilton County reported 215 head of horses stolen by the Indians. Three of those horses belonged to Henry Fuller and W.B. Malone.

The Civil War also complicated the Indian problem. When Texas joined the Confederacy, the United States withdrew their troops from the Western frontier of Texas. This left little protection for the settlers and gave the Indians full reign.

The Indian problem or other reasons convinced Burns and Jane that this was not the place for them. Before their homestead could be patented they sold and transferred the Title to Peter Lee for Three Hundred and Fifty Dollars. This Deed of Transfer was dated 1 Jun. 1874. The Patent to the land was issued to Peter Lee in Nov. 1874.

The Burns Malone family continued in Hamilton County. The 1870 Census lists Burns’ occupation as “Laborer.” He is listed as a farmer in the 1880 Census of Hamilton County. We don’t know if the family remained near the Henry Fullers or moved near Hico where Isaac Malone’s family lived. Isaac was Burns father. Burns and Jane purchased a one acre tract of land in Erath County (Joins Hamilton on the North), 7 Apr. 1881. This tract was designated as Lot No. 29 near Morgan’s Mill. For reasons unknown to the writer, Burns and Jane sold this tract to J.B. Mathews, 1 Feb. 1883. Burns moved his family near Lipan in Hood County (Northeast of Hamilton) but I find no further records of his having owned other real estate.

During the period 1865-1880, Burns and Jane Malone had three children. Othella Malone was born 25 Sep. 1867, John William Malone was born in Jul. 1877 and Ira Ernest Malone, Sr. was born 19 Feb. 1880. It was rather strange that this couple had only three children. Ten years elapsed between Othella and John. In those days, a new baby was generally born about every two years. One can assume that Jane probably lost babies between Othella and John. I can not recall this being discussed in our family. If my Father knew, it was never revealed. Grandmother Malone had a reputation as being quite mean and spiteful. This may have had a lot to do with it. Poor ole Burns!

During a period about 1892 to 1895 and, beginning in Irar Sr’s early teens, the family became nomadic. Burns and Jane acquired a large herd of sheep. Wagons, supplies, and camping equipment were assembled. Vast open range and public lands in Western Texas were still unclaimed. The family began the trek West, grazing the sheep as they went. They camped wherever nightfall caught them. They ranged West to the Clear Fork of the Brazos River. They generally followed this river up into Scurry County. From there the sheep were turned South and along the Concho River into Coke County. Burns had a sister, Narcisse C. MALONE Fulcher, who lived at Bronte in Coke County. This may have influenced the direction of the family’s journey.

These were exciting times for two young brothers, John and Ira, Sr. Such high adventurer country they had never seen and much evidence of Indian presence, two decades before. It was the boys job to stay with the sheep during the day and protect them from predatory enemies. They could keep an eye on the sheep and still have much time to explore. They found many arrow heads, spear heads and artifacts of all kinds. John and Ira became masters of the Sling (ala David and Goliath). Most of the country there about was rocky and the stream and creek beds held innumerable smooth, round stones of all sizes. With the abundance of ammunition and hours of practice, the boys became most proficient with their slings. Woe be unto predators, Jack Rabbits and other wildlife of all kinds if they came into range.

A few mean rams soon learned to mind their manners also. The boys loved the challenge of robbing wild honey from Bumblebee nests. Bumblebees nested under ground and weren’t to be trifled with. After disposal of the sheep, Burns and family returned to Hood County and took up farming near Lipan. Burns’ health was in a period of decline, with John and Ira, Sr. assuming an increasing roll on the farm. Burns and Jane were born into an era where most illnesses were treated with home remedies. Some of these were passed down to my family. Unfortunately, few were recorded on paper and are now lost forever. One was preserved in Burns own hand and I repeat it here. He probably intended to send this to the Semi-Weekly Farm News.”A SMALLPOX CURE”
By W. B. MaloneTo the News: I send the following recipe from a California correspondent, which is said to cure for the dreaded contagion, smallpox: ‘I herewith append a recipe which has been used to my knowledge in hundreds of cases of smallpox. It will prevent or cure, through the pittings or filling.’ When Jenner discovered the cow pox in England the world of science overwhelmed him with fame but when the scientific school of medicine in the world, that of Paris, published this recipe, it passed unheeded. It is as unfailing as fate, and conquers in every instance. It will also cure scarlet fever. Here is the recipe as I have used it to cure smallpox:

I’m sorry no date appears on this recipe. I would guess the late 1800’s. Smallpox was a deadly disease when it hit the new world. Not only did it kill many whites but it decimated In dian tribes. Burns would appriate that, in 1994, smallpox has been eradicated from the earth.

The Twenty-sixth Texas Legislature passed an amendment to the State Constitution, providing pensions to disabled and dependent Confederate servicemen and their widows.

Burns applied for a pension 9 Aug. 1899. He was examined by Dr. J.R. Lancaster who swore before Hood County Judge Phil Jackson that Burns had the following disabilities: Chronic Diarrhea, weak eyes and diseased feet due to frost bite during military service. The “weak eyes” we know today as Cataracts. Burns reported the only real and personal property he had was two ponies valued at $30.00. This pension application was disapproved for failure to list dates and time of service.

Burns re-applied for pension 5 Dec. 1902. He was again examined by Dr. J.R. Lancaster. This timer Burns was found to have Hernia, both abdominal and scrotal, plus general disability. Burns listed his age as sixty as of 26 Oct. 1902. His address as Lipan, Hood County, TX. He stated he had lived in Hood County about eighteen years. Burns reported his real and personal property as one mare valued at $20.00. This last pension application was accompanied by sworn testimony from two friends. Jesse Yarbrough (Yarbo) of Erath County stated he served in the Confederate Army with Wm. Burns Malone in Arkansas and Louisiana. This was sworn to before Judge M. Frank, Erath County Court. T.H. Smith of Freestone County appeared before that County’s Judge, J. Ross Bell and swore to the following: He knew Wm. R. Malone from childhood until he went West after the War. He saw Wm. Burns in the service in Arkansas, 40 miles East of Little Rock, when he joined the same command. Said he served with him continually until the unit disbanded at Hempstead, TX, in 1865. Both men stated Burns was a good soldier.

This second pension application was approved under No. A-09811r Hood County, TX, 18 Aug. 1903.

Burns signed his first pension application in his own hand in 1899. His eyesight had deteriorated to such an extent that, by 19021 he signed the second application with an X.

Burns was no longer able to farm but he took great pride in his vegetable garden. He loved fresh vegetables and spent much time keeping plant rows clean. My Father told us Burns would get down on his knees with his head very close to the ground. In this way, he could see to pull the weeds and grass with his hands.

Burns died 10 Jun. 1909, at the age of 66. He lived during a major period of our Nation’s history. So many developments and events occurred during his lifetime, 1843-1909. What a book he could have written.

Burns is buried in the old portion of Greenwood Cemetery, a few miles East of Lipan, Hood County, TX. He rests alone with a small headstone to mark his grave. It is inscribed W.B. Malone, Born Oct. 26, 1843, Died Jun. 101 1909. Two small cedars were planted on each side of the stone. They live today as large trees with the roots of one having toppled the stone. A dis tant relative was so kind to restore the stone on its base.

Burns’ wife, Emily Jane FULLER Malone, moved, with their son, Irar Sr. and his family, to Bee County in South TX in 1912. To my knowledge, she never returned to Hood County. She died 1 Apr. 1925 at Beeville, TX. She is buried in the family plot of her daughter, Othella MALONE Yeats, in the Glenwood Cemetery on the Eastern outskirts of Beeville. Her tombstone reads “Mother Jane Malone, Dec. 11, 1847 – Apr. 1, 1925.”

Written by Ira E. Malone, Jr.