Howell Family Research: Fristus Howell, Sheriff of Wayne County?

1930s

The story as I have heard it from my father, is that his grandfather Fristus Howell was a Sheriff in the 1930s. While he worked in that capacity, he carried and used this rifle. This blog is about my attempt to get official corroboration. It's not that I don't believe my dad, nor other Howell kin, but that there is a lot I don't know, and I am curious about.

Rifle belonging to Fristus Howell
photo by Bill, rifle in his possession

Is the title of Sheriff for the county? Was his job some other position that carried the convenient title of Sheriff, perhaps a deputy law enforcer? I ask this, because in the past those women who cared for any invalid was called a nurse even though they had no training in that field.

Did he go out on raids to knock down moonshine stills?

What was going on in this area of the country in the 1930s? Cotton was the primary cash crop for Johnston county, with over 85,000 acres of cotton and only 10,000 acres of tobacco. However, after the great depression of the 1930s, the cotton cash flow died out.

"And today, not a single cotton or textile plant remains in oepration in either Selma nor Smithfield." In the early 1940s, the economy was such that farmers still used mostly mules to work the land and get the produce to market. -- excerpted from About Johnston County History

"... law-enforcement officials [were] in a constant battle with alcohol producers, sellers and consumers [from 1908 to 1933]."

"...farmers in the 1920s were suffering under a postwar agricultural depression that brought dramatic fluctuations in cotton and tobacco prices. According to the US Census Bureau, the number of mortgaged farms in the county [nearly doubled in five years]. Cotton farmers tried to make up for their losses by overproducing -- a practice that only served to drive market prices even lower."

"The stock market crash of 1929 and Great Depression that followed intensified the hard times farmers were already experiencing." With Federal crop controls and the boll weevil infestation, cotton was no longer the king. Many farmers turned to tobacco growing even though it was not quite profitable. -- from Johnston NC Heritage

Moonshine then and now

Johnston County officials pose with confiscated illegal liquor
outside the courthouse in Smithfield in 1951
The News & Observer

According to this article in the NewsObserver website, Johnston County deputies were aided by township constables, and cut down about 10 stills per month. That would be 2-3 every week. But the interesting part is the "Township Constables." Could this be the position Fristus held?

Apparently, moonshinin' is still a thing (see what I did there?)

143 gallons of non-tax paid alcohol
from JoCoreport.com

Illegal

in 2016, a local Johnston County man was arrested for selling illegal moonshine.

... reportedly found a large moonshine still, 4402 gallons of mash and 143 gallons of moonshine. The moonshine had an estimated street value of $20 per gallon or a total of $2,860. from JoCo Report website

Legal

It is now legal for some licensed people to create their own moonshine to sell. According to Johnston County blog,

Distilleries were outlawed in North Carolina in 1909, 11 years before Prohibition went into effect. After Prohibition ended in 1932, the state permitted breweries and wineries to operate, but continued to ban the manufacturing of spirits. That ban was lifted in 1979. Before Prohibition, North Carolina had more distilleries than any other state.
-- Johnston County NC blog

So, although prohibition ended, moonshine was still illegal, which meant that local law enforcement would recruit men like Fristus Howell to help track down and confiscate the illegal booze.

Is it legal to make moonshine?

Moonshine law, legality and home distilling laws vary from state to state and each has its own implications for home distillers. Obtaining the correct state and federal permits for your distillery is essential before assembling or operating your still. Unlawful distilling can result in heavy fines and even imprisonment.

Due to tax laws, alcohol distribution laws and some statutes left over from Prohibition, distilling without proper permits is illegal under Federal law. Some states offer small-time distillers, such as those producing spirits for their own consumption, special permits which supersede Federal law. Other states require Federal permits before offering additional state permits. Every state requires additional licenses before selling spirits, as there are heavy tax implications and special rules and guidelines for alcohol sales. While some states will enact penalties simply for owning or a still, other states allow stills to be owned and used for non-alcoholic purposes, such as the production of essential oils. from HillBilly Stills website

I have tried to look up a list of past sheriff's in Wayne county, and found an account of the origin of the office of Sheriff, found here.

An artistic depiction of a historic sheriff on a horse.

An old illustration of a depiction of an old Sheriff -- the Shire Reeve
from History of the Sheriff

Below is one email I received when I inquired about Fristus Howell as Sheriff of either Wayne County or Johnston County in 2005.

Sent: Thursday, June 23, 2005 4:52 PM
To: heritagecenter@johnstonnc.com
Subject: Sheriff
I was told that my great grandfather was Sheriff in the 1930's. I think
it would have been in Johnston County.
Where should I go to find any record of Fristus Haywood Howell working
as Sheriff?
Thank you,
J'Anette
You may be able to confirm that your ancestor was a sheriff in Wayne County by calling the office of the Sheriff (919-731-1007).

From: Wingate Lassiter <mailto:wingate.lassiter@johnstonnc.com>

Sent: Monday, June 27, 2005 11:08 AM
Subject: RE: Sheriff
Checked our various files and came up empty. Couple of sheriffs who did
serve Johnston County during the 1930s had the last names of Barber and
Rose. Also, the name of Fristus Haywood Howell did not come up in our
Smithfield Herald obituary database. Perhaps your great-grandfather
lived and served in another county.

Below is the email I just recently rec'd from Johnston County when I again inquired about the office.

There is not a Howell on our sheriff list, so your great-grandfather was probably a deputy sheriff. I’d be interested in knowing about any stories handed down in your family about still raids, prohibition, etc. We are in the process of putting together a moonshine exhibit to open in mid to late February. Do you know his full name? I checked Fristus Howell in our databases, and absolutely nothing came up. Best wishes,Todd Johnson

K. Todd Johnson Executive Director Johnston County Heritage Center PO Box 2709/241 E. Market Street Smithfield, NC 27577919-938-4708 todd.johnson@johnstonnc.com

What I deduce from this email is that there was prohibition, some moonshine distilling and raids.

Johnston and Wayne Counties
Family Search website

Map of Wayne County North Carolina with
Municipal and Township Labels
Wayne County Wikipedia

Law office, Goldsboro, April 1938

Sites of interest from Wikipedia

Cliffs of the Neuse State Park is a state park located near the city. It covers 751 acres (3.04 km²) along the southern banks of the Neuse River. It has a swimming area, several hiking trails, fishing areas, a nature museum, and picnic areas. The cliffs rise 90 feet above the Neuse River.
Waynesborough Historical Village is a reconstructed "village" located near the original site of the town of Waynesborough. It is home to historical Wayne County buildings ranging from various periods of time. These buildings include a family home, a medical office, a one-room school, a law office, and a Quaker Meeting House.
Herman Park includes a recreational center, miniature train, tennis courts, picnic shelters, a turn-of-the-century park house, gazebo, goldfish pond, fountain, and children's playground.
The Oheb Shalom synagogue's Romanesque Revival building is one of fewer than a hundred nineteenth-century synagogues still standing in the United States, and the second oldest synagogue building in the state.^[16]