James Daniel WHITEAKER, M.D.

Other Events:

• Occupation: physician
• _UID: A36E3EDFA9F443E2859D0CA33F3DDA7B921D

Notes:

State senator in KY from 1916 to 1925.
He spelled his name Whiteaker accordiing to an undated article from Morgan Co. KY, the Licking County Courier, Historical Sketches by Joe Nickell, published 23 Jan, 1991

Graduated from KY School of Medicine, 21 June, 1894.

CENSUS RECORDS

1880 United States Federal Census
Name: James D. Whitaker
Age: 9
Birth Year: abt 1871
Birthplace: Kentucky
Home in 1880: Caney, Morgan, Kentucky
Race: White
Gender: Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: Alick Whitaker [Alex]
Father's Birthplace: Virginia
Mother's Name: Jerilda Whitaker
Mother's Birthplace: Virginia

1900 United States Federal Census
Name: James D Whitaker
Age: 28
Birth Date: May 1872
Birthplace: Kentucky
Home in 1900: Caney, Morgan, Kentucky
Race: White
Gender: Male
Relation to Head of House: Boarder [in household of Samuel and Nannie Lykins]
Marital Status: Single
Father's Birthplace: Kentucky
Mother's Birthplace: Kentucky

1910 United States Federal Census
Name: James D Whitaker
Age in 1910: 39 [37]
Birth Year: abt 1873 [1871]
Birthplace: Kentucky
Home in 1910: Cannel, Morgan, Kentucky
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Married
Spouse's Name: Dora Whitaker
Father's Birthplace: Kentucky
Mother's Birthplace: Kentucky
Household Members:
James D Whitaker 39 [37]
Dora Whitaker 29

1920 United States Federal Census
Name: J D Whiteaker
Age: 48
Birth Year: abt 1872
Birthplace: Kentucky
Home in 1920: Cannel City, Morgan, Kentucky
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Married
Spouse's Name: Dora Whiteaker
Father's Birthplace: Virginia
Mother's Birthplace: Kentucky
Home Owned: Rent
Able to Read: Yes
Able to Write: Yes
Household Members:
J D Whiteaker 48
Dora Whiteaker 38

1930 United States Federal Census
Name: James D Whiteaker
Gender: Male
Birth Year: abt 1872
Birthplace: Kentucky
Race: White
Home in 1930: Caney, Morgan, Kentucky
Marital Status: Married
Relation to Head of House: Head
Spouse's Name: Dora Whiteaker
Father's Birthplace: Kentucky
Mother's Birthplace: Kentucky
Household Members:
James D Whiteaker 58
Dora Whiteaker 49 [40]

1940 United States Federal Census
Name: J D Whiteaker
Respondent: Yes
Age: 68
Estimated Birth Year: abt 1872
Gender: Male
Race: White
Birthplace: Kentucky
Marital Status: Married
Relation to Head of House: Head
Home in 1940: Morgan, Kentucky
Street: State High Way 191
Farm: No
Inferred Residence in 1935: Morgan, Kentucky
Residence in 1935: Same Place
Owned home, worth $3500
Education: College, 4 years
Occupation: Medical doctor, private practice
Class of Worker: Working on own account
Weeks Worked in 1939: 52
Income: 0
Income Other Sources: Yes
Neighbors: View others on page
Household Members:
J D Whiteaker 68
Dora Whiteaker 59

COURT CASE

COURT CASE

His brother, Grover, was accused of murdering/assaulting his wife in Oklahoma. Dr Whiteaker put up his bond.

WHITEAKER v. STATE. (Supreme Court of Oklahoma. Nov. 14, 1911.)

Error from District Court, Oklahoma County;
Geo. W. Clark, Judge.

Action by J. D. Whiteaker against the State of Oklahoma. Judgment for defendant, and plaintiff brings error. Affirmed.

M. Fulton, for plaintiff in error.
Sam Hooker, for defendant in error.

TURNER, C. J. On December 16, 1908, the county attorney of Oklahoma county filed in the district court of that county an Information charging Grover C. Whiteaker with assault with intent to kill. On tbe next day but one he was arraigned, and pleaded not guilty, and his bond fixed at $7,500 the same to be approved by the clerk of said court. On December 23. 1908, there was filed in the office of said clerk an unsigned unofficial order of release Indorsed thereon:

"This is to verify that I have received this order of release on December 23, 1908, and executed on December 23, by releasing the said Grover C. Whiteaker from custody. [Signed] H. D. Garrison, Sheriff, by M. C. Binion."

Opinion of the Court.

On January 26, 1909, there was made and entered in said cause the following order:

"This cause coming regularly before the court for trial, the defendant comes not, whereupon he Is three times loudly called to come into court and save his recognizance, but comes not, but Is In default, whereupon It is ordered that the bond of the defendant be, and the same is, hereby forfeited. And It Is ordered that the clerk of this court pay to the county treasurer of Oklahoma county the moneys In his hands as cash bond of the defendant; to which ruling Dr. Whiteaker exempts, and it Is further ordered that the clerk issue an alias warrant for the arrest of the said Grover C. Whiteaker."

On February 16, 1909, Dr. J. D. Whiteaker, plaintiff in error, petitioned the court for an order directing the clerk to turn said $7.500 over to him, on the hearing of which It developed that the accused and petitioner were brothers; that for the purpose of furnishing him bail petitioner left his home in Kentucky and came to Oklahoma City, and deposited with the clerk of said court the money in controversy, the property of petitioner, and which Is still in his hands; that thereupon the accused was released from jail as shown by said order entered upon the Journal of the court, but was not placed in the custody of petitioner, and that petitioner has since been unable to surrender him. Upon this showing the court refused to grant the prayer of said petition and overruled the same, and rendered and entered judgment accordingly. To reverse said judgment this proceeding in error was commenced.

Whiteaker v. State. and hence petitioner is entitled to recover back his money. Assuming said repugnancy to exist, and the general doctrine to be as urged, in substance, that an officer authorized to receive bail for the appearance of a person charged with crime cannot receive money in lieu of bail, no such power being conferred by statute, and, if so paid in, neither the state nor county has claim to it

Opinion of the Court

This appears of record; and thus Is met the requirement of the statute that the court must direct the fact of the defendant's neglect to appear to be entered upon the minutes. And, this having been done, the forfeiture of the money deposited in place of bail followed, under the law, as a matter of course ([Gen. St. 1808, c. 82] 5 152), and It was not error In such cases for the court to direct the forfeited money to be turned over to the county treasurer."

There is nothing In the remaining Assignments of error.
The judgment of the trial court Is affirmed.

All the Justices concur.

Died:
http://vitals.rootsweb.ancestry.com/ky/death/search.cgi
Kentucky Death Records
Morgan Country, vol. 005 certificate number 02348

Kentucky, Death Records, 1852-1953
Name: James Daniel Whiteaker
Death Date: 23 Jan 1946
Death Location: Morgan
Age: 74
Gender: Male
Ethnicity: White
Birth Date: 1 Oct 1871
Birth Location: Kentucky
Spouse's Name: Dora Lee Whiteaker
Spouse's Age: 64
Father's Name: Alexander Whiteaker
Father's Birth Location: Virginia
Mother's Name: Zerilda Brown
Mother's Birth Location: Kentucky

James married Dora Lee LYKINS 19 Jan 1908. Dora was born Feb 1882, Morgan Co. KY; died 21 Oct 1962, Fayette Co. KY. [Group Sheet]