Benjamin Franklin Stewart

Benjamin was born to John Morgan Stewart and Sarah Ann Jones December 22, 1866 in Perry Township, Johnson County, Arkansas.
He married Mary Alice Cindle, daughter of David and ?, who was also born in Arkansas. (these are my mother's great-grandparents)

Benjamin and Alice lived in Indian Territory at the turn of the century, in the Cherokee Nation, as a matter of fact.

The 1900 census lists:

LINE 27--#24 Stewart, Benjamin F- Head of House, White Male, Born December 1865,age 34, married 13 years, Born in Arkansas, Father born in Virginia, Mother born in Tennessee. Occupation, Farmer, not unemployed last year, Can read, write, and speak English, renting farm 32 on the farm schedule.

LINE 28-- Mary A,
wife, white female, born May of 1876?, age 30, married 13 years, had 5 children,
3 of which are living. Born in Arkansas, Father and Mother both born in Arkansas. Can read, write, and speak English.

LINE 29-- John P, son,
white male, born March 1890, age 10, single. 2 months or years at school. Can
read, write, and speak English.

LINE 30-- Robert L, son, white male,
born July 1892, age 7, single. 2 years or months at school.

LINE 31--
Vera V, daughter, white female, born February 1895, age 5, single

Oral tradition in the family says he was an "Indian Counter" at that time. I believe the technical term was Indian Agent, and it was a government position. Probably more like an ongoing census. I bet it wasn't easy. This subject is open to research if there's any takers...

Not long after that census, the family moved to California. For about 35 years he was a Guard at notorious Folsom Prison. He actually worked there twice. He was first appointed on October 27, 1904 as a guard under Warden Archibald Yell. He quit at some point, probably over a hard-headed warden's ideas of how things should be run. "If you don't like it, there's the door!" When a new warden was appointed (I guess there were others who didn't like that particular warden's ways...) the Honorable Campbell E. Beaumont recommended him and Ben was re-appointed under Warden J. J. Smith on October 15th, 1927. Below is his staff photo from 1927.

In those days, the only uniforms were on the 'bad guys' and the staff wore tan or dark suits with a vest and perhaps a fedora hat. They all carried a lead-tipped oak cane, some were also armed. One resounding "tap" of the cane was a warning, two meant "get moving- MARCH", and, as one might expect, it could deliver a pretty efficient lambasting to an inmate out of line. Great-granddaughter Janice remembers he kept a talking bird, some kind of colorful parrot in his office, which brought home some very colorful language...

I don't imagine Benjamin was the kind of guy often mistaken for a doormat...

His Last Will and Testament mentions:

I, BENJAMIN F. STEWART, of the age of 89 years, a resident of the County of San Joaquin, State of California, being of sound mind and memory and not acting under duress, fraud, menace or undue influence of any person whatever, hereby revoking any and all wills by me heretofore made, do declare the following to be my last will and testament; -- to-wit;

FIRST
I direct that all my just debts and funeral expenses be paid as soon after my death as is conveniently possible.

SECOND
I hereby will and bequeath to my wife Mary Alice Stewart all the property that i may die possessed, both real and personal, and should she predecease me then the same as follows; -
To my daughter Vera V. Lynch a life estate in my home property in the City of Manteca, California, known as 737 Nevada St., so long as she desires to reside
therein.

THIRD
Subject only to the life estate in the real property described above, to my children in equal shares and their children by representation, I hereby will and bequeath all the property that I may die possessed, both real and personal, of whatever nature or wherever situate.

FOURTH
I declare said children and heirs to be as follows; My son Robert L. Stewart, my daughter Vera V. Lynch, my son Harry O. Stewart, my daughter Marylee Davis and my grandchildren, daughters of Johnnie Pearl Fennel (or Bennel?); Vivian McKenzie, Cleo Davadian and Ruth Sward.

FIFTH
I hereby nominate and appoint my daughter Vera V. Lynch as and for the executrix of this, my last will and testament, and direct that she may act without bond.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this __5th__ day of May,
1955.

BENJAMIN F. STEWART (signature)

He passed away June 5, 1955 in the Modesto, CA area. He was buried at Belmont Memorial Park in Fresno, California.

Janice also remembers:

About the first week of September, 1954, Harold and I went to visit Gr. Grampa and Gramma Stewart and their daughter, Vera (whom I called Aunt Vera because she was my GREAT aunt) near Manteca - or whatever town they lived in when Gr. Grampa died. I'll have to check on the towns' name. Anyway, Vera opened the door and welcomed us in. Alice Stewart always had a glare in her eyes it seemed; she looked at me and then walked into the kitchen.

I was directed towards the bedroom where Gr. Grampa was in bed. As soon as he saw me his eyes just lit up and he had a big smile on his face. He said "Janice, oh my sweet little Janice, I'm so glad to see you!" We visited for quite awhile.

Vera said he was often "naughty" and would get out of bed and eat things he wasn't supposed to from the refrigerator. (he had diabetes) But he was a sweetie pie for sure. Now Alice Cindle Stewart always loved Jeanette, but she didn't seem to have much friendliness in her eyes for me or Beverly. Maybe I was imagining it.
Vera would always french-braid my hair and Beverly's hair when she visited Bampa and Mamma in their country home outside Placerville, Ca in El Dorado County.

Some more links about Folsom Prison,

The Government Page, Touring, Pay Rates at the turn of the century, riots, history, etc... Some of my research attempts - the warden at San Quentin and the National Archives in San Bruno...

MANY THANKS to the people of the Folsom Prison Museum, run by retired guards and volunteers who have never met me but know me by name now. I am especially anticipating the book Lt. Jim Brown will be putting out on the history of Folsom Prison and it's staff. He will be considered the authority on the matter in no time at all, he certainly helped our research.