Monday, July 27, 2026

John McNair Bastardy Case

 Taking the Bad with the Good

The McNair line was the first line that I attempted to document back into the 1700's in order to gain admission to Daughters of the American Revolution.  Back in the 1980's and 1990's, any genealogical work had to be done the old-fashioned way: pounding the pavement, going to cemeteries and courthouses, writing letters, waiting by the mail and making payments by checks in order for someone else to xerox copies in the archives of their libraries. I did just that for James McNair. I've got ALL the documentation for James under his name but never filed for DAR....yet. The registrar for Daughters of the American Revolution of the Thankful Hubbard chapter was helping me find legitimate sources, and we hit a wall with James. BUT she uncovered Conrad Sherertz's service. Conrad was Mary Ann's father. (Mary Ann was the wife of John McNair, son of James). Being that so much time had been spent, I followed that line and gained my DAR membership being the first person to ever document Conrad Sheretz. It was quite an honor. 

With that said, I had FRIED myself with all the research done and I put genealogy away for about 3 years. When I picked it up again, I DID follow through with gathering all the documents for James McNair's service in the Revolution.

I had received 4 envelopes of copies of legal pages from the Knox County, TN courthouse. The documents included land deeds, their witnessing of other people’s land deeds, having their lands processioned, etc.  But then there was one document that caught my eye…. a bastardy case filed against John.  This would have been shortly before his marriage to Mary Ann Sherertz.  The woman accusing him of “having begotten the said child” could not read or write.  She had to sign the document with an X.  She gave birth to this child on 27 May 1821.  It appears that in Oct 1821, John came to court again and made payment to Mabel Burnett. I would have never known this had it not been one of the court documents sent to me.

Here's the translation as best as I could read the documents:

17 SEPTEMBER 1821

State of Tennessee
Knox County
 
To the Sheriff and any constable of said county  Greetings
 
Whereas upon the examination of Mable Burnett of said county
single woman this day taken oath before us Robert Lindsey and
Robert Armstrong, two of the Justices of the peace for said
county it appears that she was delivered on this 27th day of
May last of a female bastard child which is likely to become
chargeable on said county and the said Mabel Burnett  having
accused John McNair of the said county with having begotten
the said child.  There are therefore in the name of the state
do command you to bring the said John McNair before us or any
two Justices of the Peace of said county to enter into
recognizances with sufficient sureties to appear at the next
court of county pleas and quarter sessions to be held for
said county at the courthouse in Knoxville on the 1st Mon. on
Oct next.  Then and there to answer this said accusation and
to abide by and perform the order of said court  ?  the same.
Given under our hands and seal this 17 Sept 1821
Robert Lindsey
Robert Armstrong
 
  
(On the back of page)
State of Tennessee
Knox County
 
The examination of Mable Burnett single woman of said county
taken on oath before Robert Armstrong and Robert Lindsey two
of the Justices of the Peace of said county this 17th day of
Sept. in the year of our Lord 1821.  Who sayeth, that on the
27th Day of May last she was delivered of a female bastard
child which is likely to become chargeable to this county and
on her oath as aforesaid doth accuse John McNair of said
county with having begotten the said child
Taken and acknowledged before us the day of year above
written
Robert Armstrong                  (X) her mark
Robert Lindsey                     Mable Burnett


29 SEPTEMBER 1821
State of Tennessee
Knox County
 
Be it remembered that on this 29th day of Sept. in the year
of our Lord 1821. John McNair of the said county and William
S. Howell and John Boyd both of the said county, came
personally before Robert Lindsey and Robert Houston two of
the Justices of the peace for said county, and acknowledged
themselves to owe to the state   ?    the said John McNair
the sum of $400 and the said William S. Howell the sum of
$200 each to be respectively levied of their goods and
chattel, lands, and turnover to the   ?  of the state if the
said John McNair shall make default in the performance of the
condition underwritten.
 
The condition of the    ?    is such that whereas on the
examination of a Mable Burnett of said county single woman
lately taken on oath before Robert Armstrong and Robert
Lindsey two of the justices of the peace for said county.  It
appears that on the 27 day of May last she the said Mable
Burnett was  delivered of a female bastard child, which is
likely to become chargeable to said county and the said Mable
Burnett on her oath before said having accused the said John
McNair with having begotten the said child.
 
Now if the said John McNair shall personally appear before
the justices of the court of pleas and   ?   ?    to be held
for the county of Knox at the courthouse in Knoxville on the
1st Mon of Oct must then and there to abide by and perform
what shall be enjoined on him by the said court the promises
? the above ? to as said, otherwise to remain on ? form and ?
 
Taken and acknowledged before us Robert Lindsey and Robert
Houston

He had until the 1st Monday in Oct of 1821 to appear and abide by the court decsion.


John McNair Bastardy Case

 Taking the Bad with the Good The McNair line was the first line that I attempted to document back into the 1700's in order to gain admi...