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Tom Dula

I have been working on a FOLKWAYS show about Tom Dula. Here are a few photos and some of the facts of the historic crime. (FOLKWAYS is a series I host for UNC-TV and airs on North Carolina Public Television)

 






Tom Dula's grave
   
 




The gravestone has been chipped away by souvenir seekers; the banjo is from the 1860's.
   
 







Laura Foster's grave
   
 







The only known photo of
Annie Melton
   
 
 

Frank Proffitt Jr. Son of Frank Proffitt who first played the song to folk song collector Frank Warner in the 1930's. His version of the song was passed to Alan Lomax and printed in Folk Songs USA. Eventually, the Kingston Trio recorded this version.

Facts & dates from Lift up Your Head, Tom Dooley by John Foster West

  • Murder occurred 134 years ago this May 26, 1866
  • Ages: Tom Dula-22; Laura Foster 22; Ann Melton 23; and Pauline Foster 22.
  • Ann Melton and Pauline Foster were first cousins. Laura Foster'was cousin to both
  • Tom Dula was born June 20, 1844
  • Tom enlisted in Company K, N.C. Infantry 42nd Regiment, for 3 years or duration on March 15, 1862, age 17.
  • Article written by the reporter from the N.Y. Herald pp, 118-121.
1. On Monday, Oct. 1, 1866, in Fall Term of 6th Judicial District Superior Court opened in Wilkesboro, Judge Ralph P. Buxton presiding.

2. Grand jury of 18 sworn in and "charged to inquire for the State concerning all cases and offenses committed within county." The most important was the murder of Laura Foster.

3. Thomas C. Dula and Ann Melton were to remain in jail until their trial began

4. Ex-Governor Zebulion B. Vance was appointed prisoners defense lawyer from Charlotte, NC.

5. Trial began Oct. 4, 1866. Vance asked for Change of Venue

6. Court asked for case to be moved to Iredell County and tried in Statesville. (Tom was charged with the actual murder and Ann Melton with "influencing him to commit murder.)

7. Trial began in Statesville on Friday (Fall Term) Superior Court, 1866, the same Judge Buxton presiding. A new jury was selected.

8. First motion of Defense was for a Severance (Tom and Ann were to be tried separately.)

9. Tom remained in jail from about mid-July, 1866 without a corpse having been found and Ann Melton was added after Laura Foster's body was found September 1, 1856, when Pauline Foster was released from jail and Ann incarcerated in her place. Ann remained in Jail from her arrest throughout Tom's trials, until her own brief trial Fall Term, 1868 in Wilkesboro. Tom's 1st trial lasted all day Friday, Oct. 19, all day Saturday, Oct 20; Jury deliberated all night Saturday & Sunday morning Oct. 21. At daybreak on Sun., Oct. 21, Jury brought in a verdict of Guilty.

10. Defense appealed to the N.C. Supreme Court and Court Found for Prisoner. 11 trial come on docket in Spring Term, and was continued, came up in Fall Term, 1867-69 and was continued again.

12. A special court of Oyer & Terminer was convened Jan. 21, 1868. Tom was found guilty a second time, Defense appealed to N.C. Supreme Court again, no error was found, (Tom had been sentenced to be hanged on Valentine's Day, b. Feb. 14, 1868)

13. By the time Supreme Court had acted, date of execution had passed. During Spring Term, 1868 Judge Mitchell set a new date for Tom's execution, May 1, 1868.

14. On night before his execution Tom wrote a note: Statement of Thomas C. Dula-"I declare that I am the only person that had any hand in the murder of Laura Foster."

15. For details of Tom's execution see the reporter's article on pp. 118-124.

16. Tom's only sister and her husband hauled the casket holding Tom's corpse back to Elkville and he was interred on the farm of his cousin Bennett Dula III. beside the Yadkin River on what is today called the Tom Dula Road (county road 1134)

17. Ann Melton was tried during Fall Term, Superior Court, 1868, and was acquitted as the result of Tom's note exonerating her the night before his death.

For a description of Ann Meltons death a few years later....listen to An Evening With Doc Watson And David Holt. Doc's great-grandmother was there at her death...quite a story.
 

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