Frankie Silver
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Frances Stewart Silver (born 1814 or 1815; died July 12, 1833) was hanged in Morganton, Burke County,
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
for the
axe murder An axe murder is a murder in which the victim was struck and killed by an axe or hatchet. List of axe murders The following are some notable cases. * Wenno von Rohrbach, the first Master of the Livonian Brothers of the Sword, was killed by ...
of her husband Charles Silver. Frankie Silver, as she was known, is believed to have been the first white woman put to death in Burke County.


Early life

She was born Frances Stewart, the daughter of Isaiah and Barbara (née Howell) Stewart. The family moved to Burke County when Frankie was young, around 1820. They lived in the town of Kona near the home of Jacob Silver who had lost his wife Elizabeth in childbirth. His son Charlie Silver was a year older than Frankie. Charlie and Frankie married and initially seemed a good pair. On 3 November 1830 their first daughter, Nancy, was born. They lived in a wooden cabin on land gifted by Jacob Silver. At Christmas 1831 Charlie apparently went missing whilst out hunting. A search party could not find him. Jack Colliss decided to investigate while Frankie was in the village. He found bones in the fireplace and bloodstains on the floor. He called the sheriff. They found a head. Frankie and her mother and brother were arrested. The motive for the murder is still not clear. It was claimed during the trial that Frankie was a jealous wife seeking revenge. Later theories asserted that she was an abused wife. There is no definitive evidence for either theory. Despite claims made by journalists at the time, Frankie never confessed, nor did she discuss her motive. There is a theory that Frankie wanted to move west with her parents to join other family members, but Charles Silver refused to do so. There was also speculation that her frustration with Charles's refusal was the motive for the murder.


Murder

Although not discovered until January 1832 it was revealed that on December 22, 1831, Charles Silver (aka "Johnny Silver") was hacked to death with an axe and later dismembered in the cabin he shared with his wife, Frankie, and their 13-month-old daughter, Nancy.


Arrest and trial

Shortly after the murder, suspicion fell on Charles's wife Frankie, her mother Barbara Stuart, and her brother Jackson aka; "Blackstone" Stewart. All three were arrested. Barbara and Blackstone Stewart plead not guilty before a magistrate on January 17, 1832, and were discharged. Frankie alone stood trial for the murder. The trial of Frankie began on 29 March 1832. Evidence would now be considered circumstantial. The jury were undecided but on an instruction had a further meeting and found Frankie guilty. The investigation into the whereabouts of Charles Silver found a fireplace full of oily ashes, a pool of blood that had flowed through the cabin's
puncheon Puncheon may refer to: * Puncheon (barrel), a container for wine and/or spirits * Puncheon or plank road, a road built with split logs or heavy slab timbers with one face smoothed, also used for flooring or other construction * Puncheon rum, a typ ...
floor, and blood spatters on the inside walls of the cabin. Pieces of bone and flesh were discovered in ashes poured into a mortar hole near the spring, as well as a heel-iron similar to those worn by Charles on his hunting moccasins. According to Silver family lore, the evidence showed that Charles had been murdered and his body had been burned to hide the evidence.


Theoretical explanation

Frankie could either be interpreted as a family ties murderer for the possibility that she manipulated family members to help kill her husband, or a battered woman murderer for the possibility that she killed him in self-defense during one of the beatings he would give her. Whatever happened that night inside the family cabin remains a mystery. It is probable that she was a victim of abuse from her husband due to the fact that a petition was signed by townswomen and several members of the all-male jury in Frankie's favor. However this petition did not sway the Governor. Another reason this will always remain a mystery is because as Frankie was asked about her last words, legend has it her father yelled out from the crowd "Die with it in you, Frankie!". This made some believe, along with them helping her escape, that family members were involved in the killing of Charles Silver.


Escape from jail

During the time between her sentencing and hanging, Frankie was broken out of jail by someone who entered by way of one of the basement windows. With the aid of false keys, this person opened the doors leading to the prisoner's apartment. Frankie was arrested again seven days later in Henderson County walking behind her father's wagon heading for
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
. When taken, she was dressed in men's clothes, and her hair been cut short. Her father and uncle were committed to jail as accessories to her escape. The story goes as follows:  


Execution and Burial

Frankie was hanged at
Morganton, North Carolina Morganton is a city in and the county seat of Burke County, North Carolina, United States. The population was 16,918 at the 2010 census. Morganton is approximately northwest of Charlotte. Morganton is one of the principal cities in the Hick ...
on Friday 12 July 1833. Frankie's father had intended to bring his daughter's body home and bury it in the family burial plot. However, extreme heat and humidity in North Carolina that year forced him to bury it in an unmarked grave behind the Buckhorn Tavern, a few miles west of Morganton. For many years, the exact location of the grave was unknown, but it is now believed to be in a remote corner of the present day Devault farm. In 1952, a granite stone marking the probable location of the grave was placed by Beatrice Cobb, editor of the Morganton newspaper. The marker misspells Frankie's married name as "Silvers."


Popular culture

*As a young college student in September 1963, author
Perry Deane Young Perry Deane Young (March 27, 1941 – January 1, 2019) was a journalist, author, playwright, historian, and professional gardener. He was the author of '' Two of the Missing'', about fellow journalists Sean Flynn and Dana Stone, who went missing ...
discovered the letters and petitions to the governor which turned upside down the traditional story of a jealous wife seeking her revenge. Thus began a lifelong crusade by Young to show through documentation that Frankie Silver was unjustly hanged. At the height of the
Watergate The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's continual ...
hearings, Sen. Sam Ervin wrote to Young to concur that Frankie should never have been hanged. Young's book, ''The Untold Story of Frankie Silver,'' reproduced all of the documents which proved Frankie's innocence. His later play, ''Frankie'', fictitiously gave the long-dead woman a chance to tell her side of the story. These accounts are known to be controversial, especially among descendants of the Silver family, who claim that "there were no documents to ever officially exist as this author suggests." *The case of Frankie Silver served as the basis of
Sharyn McCrumb Sharyn McCrumb (born February 26, 1948) is an American writer whose books celebrate the history and folklore of Appalachia. McCrumb is the winner of numerous literary awards, and the author of the Elizabeth McPherson mystery series, the Ballad ...
's 1999 novel, ''The Ballad of Frankie Silver''. In it, McCrumb's series character Spencer Arrowood takes a fresh look at the Frankie Silver case and at a (fictional) modern murder with many parallels. *The 2000 film ''The Ballad of Frankie Silver'' and its re-release in 2010 as ''The Ballad of Frankie Silver:(Special Edition)'' DVD was written, directed, and produced by Theresa E. Phillips of Legacy Films Ltd. This film has a different theory of what actually happened. *In a 2013 episode of the
Investigation Discovery Investigation Discovery (stylized and branded on-air as ID since 2008) is an American multinational pay television network dedicated to true crime documentaries owned by Warner Bros. Discovery. As of February 2015, approximately 86 million Ameri ...
show
Deadly Women ''Deadly Women'' is an American true crime documentary television series produced by Beyond International Group and airing on the Investigation Discovery (ID) network. The series focuses on murders committed by women. It is hosted by former ...
, Frankie Stewart Silver appears. The episode was titled "Brides of Blood." *A petition to have Frankie officially pardoned for the murder was formed unsuccessfully on April 9, 2013.Pardon Frances "Frankie" Stewart Silver Petition published by Ali Randolph on April 9, 2013. *In 2016 Parkway Playhouse in
Burnsville, North Carolina Burnsville is a town that serves as the county seat of Yancey County, North Carolina, United States. The population was 1,693 at the 2010 census. History The town was founded on March 6, 1834, from land conveyed by John "Yellow Jacket" Bailey, ...
adapted Sharyn McCrumb's book into a stage show.


References


Bibliography

*''The Ballad of Frankie Silver'', by Sharyn McCrumb () *''The Untold Story of Frankie Silver'', by Perry Deane Young () *''Roaming the Mountains'', by John Paris (LCCCN 55-12508) *The Ballad of Frankie Silver:(Special Edition) DVD by Legacy Films Ltd. *The Ballad of Frankie Silver: As told by Bobby McMillon in Folkstreams film http://www.folkstreams.net/film-detail.php?id=96


External links

*
The Ballad of Frankie Silver
1810s births 1833 deaths 19th-century American criminals 19th-century American women People executed for murder Year of birth uncertain 19th-century executions of American people Executed American women People executed by North Carolina by hanging People convicted of murder by North Carolina American people convicted of murder American female murderers American murderers American female criminals 19th-century executions by the United States Axe murder Stabbing attacks in the United States People from Morganton, North Carolina Women in North Carolina Mariticides 1831 murders in the United States {{US-crime-bio-stub