Tom Dula
Encyclopedia
Thomas C. Dula was a former Confederate
soldier, who was tried, convicted, and hanged for the murder of his fiancée, Laura Foster. The trial and hanging received national publicity from newspapers such as The New York Times
, thus turning Dula's story into a folk legend. While the murder happened in Wilkes County, North Carolina
, the trial, conviction, and execution took place in Statesville, North Carolina
. There was considerable controversy surrounding his conviction and execution. In subsequent years, a folk song was written (entitled “Tom Dooley
”, based on the pronunciation in the local dialect), and many oral traditions were passed down, regarding the sensational occurrences surrounding the murder of Foster, and Dula's subsequent execution. The Kingston Trio
recorded a hit version of the murder ballad
in 1958.
, it did not take Dula long to take up with her cousin Laura. Folklore suggest that Laura became pregnant shortly thereafter, and she and Dula decided to elope. On the morning she was to meet Dula, about the 26th of May, 1866, she quietly left out of her home where she lived with her father, Wilson Foster, and took off on his horse, Belle, never to be seen alive again. While it is not known for certain what happened that day, many of the stories that have grown out of the folklore of the time implicate Ann Melton in some way. Some believe that Ann may have murdered Laura Foster because she was still in love with Dula and was jealous that Laura was marrying him; others believe that perhaps Dula knew or suspected that Ann had murdered Foster, but because he still loved Ann he refused to implicate her after he was arrested and took the blame for the murder. In fact, it was Ann's word that led to the discovery of the girl's body. Ann's distant cousin, Pauline Foster, testified that Ann had led her to the site of the grave one night to check that it was still well hidden. Witnesses testified in court that Dula had made the incriminating statement that he was going to "do in" whoever gave him the Pock (syphilis). Testimony was given that Dula believed Laura had given him syphilis, which he had passed on to Ann. The local country doctor testified that he had treated both Tom and Anne for syphilis as he did Pauline Foster who it seems to be the first to be treated. Many believe that Dula may have caught the sexually-transmitted disease from Pauline Foster and passed it along to the other Foster women and believed he caught it from Laura. It could be speculated that the demanding Ann would have desired the demise of whoever passed it along to Tom who passed it along to her. Laura's decomposed body was found in a shallow grave in which her legs were drawn up in order for her to fit in the hole. Many believe that a man would have dug a better sized hole for a grave. She had been stabbed once in the chest. The gruesome nature of the murder, combined with the low murder rate, and numerous rumors that circulated in the small back-woods town when she was killed, captured the public's attention, and led to the enduring notoriety of the crime.
The role of Dula in the slaying is unclear. He fled shortly after her body was found—–when he was declared a suspect—–working for a time for Colonel James Grayson, in Watauga County
, before taking refuge across the state line in Trade, Tennessee
. Grayson would enter folklore as a romantic rival of Dula's, but this was not true. It was simply an incorrect inference drawn from the lyrics of the song, and became more widespread as the facts of the case were largely forgotten. Grayson did, however, help the Wilkes County posse bring Dula in, once his identity was discovered.
, and maintained Dula's innocence of the charges. He succeeded in having the trial moved from Wilkesboro to Statesville, as it was widely believed that Dula would not receive a fair trial in Wilkes County. Dula was convicted and, although he was given a new trial on appeal, he was convicted again. His supposed accomplice, Jack Keaton, was set free and, on Dula's word, Melton was acquitted of the crime. As he stood on the gallows facing his death, he is reported to have said, “Gentlemen, do you see this hand? I didn’t harm a hair on the girl’s head”. He was executed nearly two years after the murder of his fiancée, on 1 May 1868. His younger sister and her husband retrieved his body for burial after the execution.
making use of Dula’s supposed talents with a banjo
for his own personal entertainment. Both Dula’s and Vance’s accounts, as well as Dula’s own military record, show this legend to be untrue; it persists nonetheless.
A popular myth holds that while Dula was fighting in Virginia, Ann—–apparently despairing of ever seeing Tom again—–met and married an older farmer, James Melton. In reality, Ann married James Melton in 1859, three years before Tom left for the war, though it's unclear whether or not that actually changed the nature of the relationship between Tom and Ann.
Another popular myth is that Annie Melton confessed to the murder on her deathbed. According to hearsay, Annie confessed that she killed Laurie in a fit of jealousy and begged Tom, who still had feelings for her, to help her conceal the body.
Several recordings were made of the song in the twentieth century, with the first in 1929 by a group called “Grayson
and Whitter
”. The most popular version was recorded by The Kingston Trio in 1958. It sold over 6 million copies and is widely credited with starting the “folk
boom” of this time period, and was named by the Grammy Foundation as one of the Songs of the Century
.
The Trio's song was covered
in Great Britain by Lonnie Donegan later in 1958.
In 1959, Michael Landon
was given the role of Dula in the movie The Legend of Tom Dooley. The movie was not based on the facts of Dula’s life, except in the very loosest sense, and neither was it based on any traditional Tom Dula legends. It was rather a fictional treatment inspired by the lyrics of the song.
Also in 1959, Stonewall Jackson
's U.S. country music and Billboard
hit song Waterloo
makes reference to Tom Dooley in the final verse.
The members of Macabre
, known for their death metal
style also put out an album of acoustic folk songs, among them is a song entitled Tom Dooley, about his death.
Confederate States Army
The Confederate States Army was the army of the Confederate States of America while the Confederacy existed during the American Civil War. On February 8, 1861, delegates from the seven Deep South states which had already declared their secession from the United States of America adopted the...
soldier, who was tried, convicted, and hanged for the murder of his fiancée, Laura Foster. The trial and hanging received national publicity from newspapers such as The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, thus turning Dula's story into a folk legend. While the murder happened in Wilkes County, North Carolina
Wilkes County, North Carolina
Wilkes County is a county located in the U.S. state of North Carolina. The 2000 U.S. Census listed the county's population at 65,632; the 2010 U.S. Census listed the population at 69,340...
, the trial, conviction, and execution took place in Statesville, North Carolina
Statesville, North Carolina
Statesville is a city located in Iredell County, North Carolina, United States and was named an All-America City in 1997 and 2009. The population was 24,633 at the 2010 census...
. There was considerable controversy surrounding his conviction and execution. In subsequent years, a folk song was written (entitled “Tom Dooley
Tom Dooley (song)
"Tom Dooley" is an old North Carolina folk song based on the 1866 murder of a woman named Laura Foster in Wilkes County, North Carolina. It is best known today because of a hit version recorded in 1958 by The Kingston Trio. This version was a multi-format hit, reaching #1 in Billboard, the...
”, based on the pronunciation in the local dialect), and many oral traditions were passed down, regarding the sensational occurrences surrounding the murder of Foster, and Dula's subsequent execution. The Kingston Trio
The Kingston Trio
The Kingston Trio is an American folk and pop music group that helped launch the folk revival of the late 1950s to late 1960s. The group started as a San Francisco Bay Area nightclub act with an original lineup of Dave Guard, Bob Shane, and Nick Reynolds...
recorded a hit version of the murder ballad
Murder ballad
Murder ballads are a sub-genre of the traditional ballad form, the lyrics of which form a narrative describing the events of a murder, often including the lead-up and/or aftermath...
in 1958.
Early life
Tom Dula was born to a poor Appalachian hill country family in Wilkes County, North Carolina, most likely the youngest of three brothers, with one younger sister, Eliza. The young Dula grew up, attended school, and "probably played with the female Fosters", Ann (later Melton) and her cousins Laura and Pauline. As the children grew up, Tom and Ann apparently became intimate. Three months before his eighteenth birthday, on 15 March 1862, he joined the Confederate Army. Dula served as a private in Company K in the 42nd North Carolina Infantry Regiment until the war ended in 1865. Surprisingly, there is some evidence that Dula was literate, as according to accounts at the time, he wrote a 15-page account of his life, as well as the note that exonerated Ann Melton. His literacy is highly unusual given his station in life, and the harsh poverty of his upbringing.Military service
Contrary to newspaper accounts at the time, Dula did not serve in Zebulon Vance's 26th North Carolina. This also puts the lie to the rumors that he “played the banjo” in the army band for the Colonel's benefit, or that he entertained Colonel Vance with his antics. These were often cited as the reason that the then-Governor Vance leapt so quickly to lead the defense of Dula during his trial. It seems more likely that Governor Vance simply believed in Dula's innocence or thought that defending a Confederate veteran in the high-profile case would be politically beneficial. Dula would not escape the war completely unscathed, as folklore, oral tradition, and a few modern writers have held. Instead he suffered various injuries throughout the course of the fighting. Each of his brothers died in the war, leaving Tom as his mother's “sole remaining boy”.The murder of Laura Foster
Before the war, Ann had married James Melton, a farmer and shoe cobbler who was a neighbor to both Ann and Tom. Melton also served in the Civil War, fighting in the battle of Gettysburg. Both men were taken prisoner and both men returned home alive. Shortly after arriving home, Dula resumed his relationship with Ann. Given his reputation as something of a libertineLibertine
A libertine is one devoid of most moral restraints, which are seen as unnecessary or undesirable, especially one who ignores or even spurns accepted morals and forms of behavior sanctified by the larger society. Libertines, also known as rakes, placed value on physical pleasures, meaning those...
, it did not take Dula long to take up with her cousin Laura. Folklore suggest that Laura became pregnant shortly thereafter, and she and Dula decided to elope. On the morning she was to meet Dula, about the 26th of May, 1866, she quietly left out of her home where she lived with her father, Wilson Foster, and took off on his horse, Belle, never to be seen alive again. While it is not known for certain what happened that day, many of the stories that have grown out of the folklore of the time implicate Ann Melton in some way. Some believe that Ann may have murdered Laura Foster because she was still in love with Dula and was jealous that Laura was marrying him; others believe that perhaps Dula knew or suspected that Ann had murdered Foster, but because he still loved Ann he refused to implicate her after he was arrested and took the blame for the murder. In fact, it was Ann's word that led to the discovery of the girl's body. Ann's distant cousin, Pauline Foster, testified that Ann had led her to the site of the grave one night to check that it was still well hidden. Witnesses testified in court that Dula had made the incriminating statement that he was going to "do in" whoever gave him the Pock (syphilis). Testimony was given that Dula believed Laura had given him syphilis, which he had passed on to Ann. The local country doctor testified that he had treated both Tom and Anne for syphilis as he did Pauline Foster who it seems to be the first to be treated. Many believe that Dula may have caught the sexually-transmitted disease from Pauline Foster and passed it along to the other Foster women and believed he caught it from Laura. It could be speculated that the demanding Ann would have desired the demise of whoever passed it along to Tom who passed it along to her. Laura's decomposed body was found in a shallow grave in which her legs were drawn up in order for her to fit in the hole. Many believe that a man would have dug a better sized hole for a grave. She had been stabbed once in the chest. The gruesome nature of the murder, combined with the low murder rate, and numerous rumors that circulated in the small back-woods town when she was killed, captured the public's attention, and led to the enduring notoriety of the crime.
The role of Dula in the slaying is unclear. He fled shortly after her body was found—–when he was declared a suspect—–working for a time for Colonel James Grayson, in Watauga County
Watauga County, North Carolina
-Demographics:As of the census of 2000, there were 42,695 people, 16,540 households, and 9,411 families residing in the county. The population density was 137 people per square mile . There were 23,155 housing units at an average density of 74 per square mile...
, before taking refuge across the state line in Trade, Tennessee
Trade, Tennessee
Trade is an unincorporated community in Johnson County, Tennessee, United States. It is easternmost community in the state and is located in the Blue Ridge Mountains, at the headwaters of Roan Creek. The community is located between the towns of Mountain City and Boone, North Carolina, along US-421...
. Grayson would enter folklore as a romantic rival of Dula's, but this was not true. It was simply an incorrect inference drawn from the lyrics of the song, and became more widespread as the facts of the case were largely forgotten. Grayson did, however, help the Wilkes County posse bring Dula in, once his identity was discovered.
Trial
After Dula was arrested, former North Carolina Governor Zebulon Vance represented him pro bonoPro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
, and maintained Dula's innocence of the charges. He succeeded in having the trial moved from Wilkesboro to Statesville, as it was widely believed that Dula would not receive a fair trial in Wilkes County. Dula was convicted and, although he was given a new trial on appeal, he was convicted again. His supposed accomplice, Jack Keaton, was set free and, on Dula's word, Melton was acquitted of the crime. As he stood on the gallows facing his death, he is reported to have said, “Gentlemen, do you see this hand? I didn’t harm a hair on the girl’s head”. He was executed nearly two years after the murder of his fiancée, on 1 May 1868. His younger sister and her husband retrieved his body for burial after the execution.
After the execution
In 2001, Tom Dula was "acquitted" of all charges after a petition was sent around Wilkes County and to the county seat. This action was unofficial and had no legal force.Myths
Subsequently, much legend and folklore arose around the tragedy and the life of Tom Dula. Not the least of these tales has Dula surviving the war without a scratch, and Governor Zebulon Baird VanceZebulon Baird Vance
Zebulon Baird Vance was a Confederate military officer in the American Civil War, the 37th and 43rd Governor of North Carolina, and U.S. Senator...
making use of Dula’s supposed talents with a banjo
Banjo
In the 1830s Sweeney became the first white man to play the banjo on stage. His version of the instrument replaced the gourd with a drum-like sound box and included four full-length strings alongside a short fifth-string. There is no proof, however, that Sweeney invented either innovation. This new...
for his own personal entertainment. Both Dula’s and Vance’s accounts, as well as Dula’s own military record, show this legend to be untrue; it persists nonetheless.
A popular myth holds that while Dula was fighting in Virginia, Ann—–apparently despairing of ever seeing Tom again—–met and married an older farmer, James Melton. In reality, Ann married James Melton in 1859, three years before Tom left for the war, though it's unclear whether or not that actually changed the nature of the relationship between Tom and Ann.
Another popular myth is that Annie Melton confessed to the murder on her deathbed. According to hearsay, Annie confessed that she killed Laurie in a fit of jealousy and begged Tom, who still had feelings for her, to help her conceal the body.
In popular culture
A local poet named Thomas Land wrote a song about the tragedy shortly after Dula was hanged. This, combined with the widespread publicity the trial received, further cemented Dula’s place in North Carolina legend. The song written by Land is still sung today throughout North Carolina.Several recordings were made of the song in the twentieth century, with the first in 1929 by a group called “Grayson
G. B. Grayson
Gilliam Banmon Grayson was an American Old-time fiddle player and singer. Mostly blind from infancy, Grayson is chiefly remembered for a series of sides recorded with guitarist Henry Whitter between 1927 and 1930 that would later influence numerous country, bluegrass, and rock musicians...
and Whitter
Henry Whitter
Henry Whitter was an early country musician.-Biography:...
”. The most popular version was recorded by The Kingston Trio in 1958. It sold over 6 million copies and is widely credited with starting the “folk
Folk music
Folk music is an English term encompassing both traditional folk music and contemporary folk music. The term originated in the 19th century. Traditional folk music has been defined in several ways: as music transmitted by mouth, as music of the lower classes, and as music with unknown composers....
boom” of this time period, and was named by the Grammy Foundation as one of the Songs of the Century
Songs of the Century
The "Songs of the Century" list is part of an education project by the Recording Industry Association of America , the National Endowment for the Arts, and Scholastic Inc. that aims to "promote a better understanding of America’s musical and cultural heritage" in American schools...
.
The Trio's song was covered
Cover version
In popular music, a cover version or cover song, or simply cover, is a new performance or recording of a contemporary or previously recorded, commercially released song or popular song...
in Great Britain by Lonnie Donegan later in 1958.
In 1959, Michael Landon
Michael Landon
Michael Landon was an American actor, writer, director, and producer. He is widely known for his roles as Little Joe Cartwright in Bonanza , Charles Ingalls in Little House on the Prairie , and Jonathan Smith in Highway to Heaven...
was given the role of Dula in the movie The Legend of Tom Dooley. The movie was not based on the facts of Dula’s life, except in the very loosest sense, and neither was it based on any traditional Tom Dula legends. It was rather a fictional treatment inspired by the lyrics of the song.
Also in 1959, Stonewall Jackson
Stonewall Jackson (musician)
Stonewall Jackson is an American country singer and musician who achieved his greatest fame during country's "golden" honky tonk era in the 1950s and early 1960s.-Early years:...
's U.S. country music and Billboard
Billboard (magazine)
Billboard is a weekly American magazine devoted to the music industry, and is one of the oldest trade magazines in the world. It maintains several internationally recognized music charts that track the most popular songs and albums in various categories on a weekly basis...
hit song Waterloo
Waterloo (Stonewall Jackson song)
"Waterloo" was a number-one hit for country singer Stonewall Jackson in 1959. It was written by John D. Loudermilk and Marijohn Wilkin. The single was the most successful of Jackson's career, spending five weeks at number one on the U.S. country music chart. The B-side of "Waterloo", "Smoke Along...
makes reference to Tom Dooley in the final verse.
The members of Macabre
Macabre
In works of art, macabre is the quality of having a grim or ghastly atmosphere. Macabre works emphasize the details and symbols of death....
, known for their death metal
Death metal
Death metal is an extreme subgenre of heavy metal. It typically employs heavily distorted guitars, tremolo picking, deep growling vocals, blast beat drumming, minor keys or atonality, and complex song structures with multiple tempo changes....
style also put out an album of acoustic folk songs, among them is a song entitled Tom Dooley, about his death.
External links
- Finding Tom Dula's and Laura Foster's resting places
- Tom Dooley - The Story Behind the Ballad by Karen Wheeling Reynolds ISBN 978-0-9846398-0-9
- Tom Dooley: a Wilkes County Legend, a Play
- Tom Dula's story on archive of Wilkes Chamber of Commerce website
- Tom Dula's gravestone images
- North Carolina Historical Marker