Chapter V: Part 5

Wages, in his adventure, was not so successful as we were. On the same night, he and McIntosh camped near Tallahala, not far from old Sumrall’s and in the vicinity of Bryant Barlow’s. Barlow happened to pass their camp early in the night and discovered Wages. He raised a company and got after Wages, themselves and dogs, and Wages had to leave and take the woods for home again. McIntosh and Wages’ wife turned back for Mobile on the Big Creek place, where they all landed about five days after. There we were all in the vicinity of Mobile again; Wages had made a water haul and we had done worse. Wages was laying out, Brown and myself were in the same situation. It became necessary for Wages, McGrath and I to hold a private consultation, relative to our future operations, and to devise some plan to get rid of old Brown. We could see no way to do that, unless it would be to lie to him and frighten him to leave, which we did. Our next plan was to manage to get our money from Catahoula, and deposit it about the Bay of St. Louis, near the sea coast, where we could get it on a boat. Wages and McGrath were to attend to that matter, and I was to assist Brown over the Mississippi. So Wages went to Brown and told him that there was a reward for both of them, and said he, “I am going to leave, and you had better do the same, for Maffitt has a crowd now on the look out for us.” Brown had but little money. He then enjoined it upon Wages to take Harvey’s note and give him the money for it. Said he, “if he won’t pay the note you and McGrath kill the d——d rascal.” So saying, Wages gave him the money for the note, and loaned him sixty dollars more, and then told Brown that James Copeland would go with him and assist his family to travel, while he, Brown, could dodge before and behind. So the matter was understood, and in a few nights Brown rolled off and crossed Dog River at Ward’s bridge, where Wages, McGrath and I joined him; I took charge of the teams and family, and Brown took his rifle and to the woods, mostly in the daytime. We did not want for fresh meat; Wages and McGrath left for Catahoula by way of Harvey’s, and crossed at Fairley’s; we crossed at Robert’s and old Green court house, and up Black Creek, on by Columbia, Holmesville and so on to the mouth of Red River. After crossing the Mississippi, I loaned old Brown twenty-five dollars more, bid him good-by and returned to the vicinity of Mobile. I was gone over four weeks.

WAGES AND M’GRATH KILLED BY HARVEY.

On my way back I learned at Black Creek, of the death of Wages and McGrath. They had got into some difficulty with Harvey about the forty dollar note, and he shot and killed them both. This news sounded in my ears like thunder; and so astounded was I that I lost for the time all my senses. However, after a little reflection, I began to think over my situation, and a thousand thoughts hurled through my brain. Almost instantly, it seemed that every crime I had ever committed in my life was then pictured before my eyes and the awful consequences attending them. The object, for which I committed them, was money; and it was now doubtful whether I should ever obtain that, or not. Upon further reflection, I recollected that Wages had given me a diagram or map of the place where our, now my money was hidden, and a direction of the course so that I certainly could find it. Stimulated with the idea of being worth thirty thousand dollars, I began to cheer up and returned home.

REWARD OF ONE THOUSAND DOLLARS OFFERED FOR HARVEY’S SCALP.

The first thing was to procure my map or diagram, which I did. I found all my friends grieving. The first word asked me by old man Wages and the old lady was: “What are you going to do, James? Are you not going to seek vengeance on that Harvey?” Both then said to me, “James we will give you one thousand dollars for Harvey’s scalp, if you will kill the rascal or have it done.” I then told them I would see some of my friends, and let them know in a short time.

A short time after that I received a notice to attend a meeting of the clan, at our Wigwam in the city, on a certain night. So I disguised myself and went into the city and attended, and in that meeting I met several officers of the city, such as constables, deputy sheriff, etc., who all told me not to be afraid; that there would be no exertion to arrest me. There were a number of resolutions passed commemorative of the demise of our departed friends and brothers Gale H. Wages and Charles McGrath. After the adoption of these resolutions, I then raised the question before the meeting as to the propriety of taking up with old Wages’ offer; and after explaining that offer to the meeting, it was unanimously approved; and I was nominated to head and lead the band on that expedition, with power to select as many, and just such men of our clan as I thought necessary. So I selected Jackson Pool, Sam. Stoughton, John Copeland and Thomas Copeland. I selected them because they were good woodsmen, and I knew that Pool and Stoughton were brave.

After I had made the selection, I called them all together and we held a consultation. It was agreed that we would go and make the trial on Harvey; but that we must have five hundred dollars from old Wages in advance. I went to old Wages, and told him what was our conclusion. He hesitated at first, and offered to give us security that the money should be paid when we had done the job; I told him, “no! it was a dangerous undertaking, and we must be paid something to start with.” Finally, after consulting with his wife, he agreed to give us the five hundred dollars. Our only business then was to prepare ourselves with the best of double-barrel guns and pistols and bowie knives, with plenty of ammunition and percussion caps of the best quality, and thus armed and equipped we were ready for our journey.

Now I had a two fold object in view; that was, to go on to Catahoula, and search for my money, and for that purpose I took with me my diagram or map. The old man forked over the five hundred dollars, and we made ready for the start.

On Sunday morning the 8th day of July, 1848, we all set out from Wages’ place on Big Creek, where we had assembled for that purpose. We had not traveled far before Thomas Copeland was taken sick and turned back, at Dog River. We then traveled on by Fairley’s ferry, the O’Neal settlement and by James Batson’s to Harvey’s place. We traveled leisurely and camped out every night. We did not stop at any house after we left Pascagoula, and we reached Harvey’s place early in the day on the Saturday following. I was well acquainted with the place for I had been there with Wages and McGrath when Allen Brown lived there.

We found the house empty, but from appearances we judged that the farm was cultivated. We saw signs of foot steps about the house and yard, from which we inferred that Harvey was in the habit of coming about there daily. Our next business was to prepare for action. We went into the house and made many port holes on every side, so that we could shoot Harvey, let him approach which ever side he would. Our next business was to examine around the premises for his path, and place a sentinel there in ambush for his arrival. This sentinel was cautiously relieved every two or three hours, whilst the balance of us remained close inside or about the house, eating figs, peaches and water melons and destroying more than we eat.

In the afternoon we began to get hungry; I proposed to the balance to go over to Daniel Brown’s, about a mile and get some bread and meat for us all. Pool and Stoughton objected, and said, “there is plenty of green corn in the field; let us make a fire and roast some of the ears and eat here.” I then objected, and told them that if Harvey discovered a smoke in the house he would take the hint, and give the alarm, and that we should have the whole of Black and Red Creek down upon us. They still persisted, and Stoughton went into the field, gathered about twenty ears of the best and greenest corn and brought them into the house. Pool went out and brought in a load of wood and made a large fire and they roasted their corn.

That was precisely what betrayed us—the smoke issuing from the chimney of the house.

After the corn was roasted, we all eat heartily; John Copeland was on guard; Pool took his place, and John came in and eat. A little before sunset it was Stoughton’s time to relieve Pool. My brother John proposed to Stoughton to let him relieve Pool, and for Stoughton to take the next watch around the house. So it was agreed, and Pool came to the house.

PRESENTIMENT OF POOL’S DEATH.

Awhile after sunset, Stoughton, Pool and I were sitting on the gallery, talking very low, about the way we should have to manage. We were fearful Harvey was not at home, or had left the country. Some of us were eating figs and some eating peaches. All of a sudden our attention was arrested by a large white fowl, which passed through the yard some fifteen or twenty yards from us. It was a kind of fowl that I had never seen before, nor had either of my comrades, as they asserted. It walked some ten or fifteen yards; we rose to get a more minute view, and it took flight and ascended, until we lost sight of it in the distance. This seemed to strike Pool with terror and amazement, and he reflected a few minutes and said, “Boys, I shall be a dead man before to-morrow night! That is an omen of my death!”

Stoughton laughed and said to Pool, that if he was a dead man he would make a very noisy corpse; but Pool still insisted that it was a signal of his death, and urged hard that we should leave that place, and retire to one more secluded. “I did wrong,” said he, “in making fire in the house.” We tried to laugh him out of his predictions, but all to no purpose; and sure enough, as he had conjectured, before the next night he was a corpse.

Just before dark, Stoughton went to where brother John was stationed, and they both remained until after dark; they then came up to the house, and Stoughton mounted guard. All this time Pool appeared to be in a deep study and had nothing to say, appeared dejected and low spirited. We all laid down, except Stoughton, to try to sleep; I could see Pool and John; they could not sleep. The moon rose two or three hours before day, and I got into a doze several times and each time the most huge serpents would be after me, that I ever beheld. This would waken me, and finally I got up and walked about; I found Pool was up. Stoughton said he could not sleep, and brother John got up and said he could not sleep. We then consulted together and Pool was for leaving the place before day. Stoughton objected, and said, “Let’s wait until eight or nine o’clock in the morning; after Harvey gets his breakfast he may come to the orchard for fruit. If he does not come by this time, we may leave.”

Daylight made its appearance not long after that, and shortly after the sun rose, and poor Pool said after the sun had risen above the horizon: “How beautiful the sun looks this morning; the sky looks so pure, clear and serene!” Poor fellow! It was the last sun that he ever beheld encircling this earth.

THE FAMOUS HARVEY BATTLE.

The time passed on until between eight or nine o’clock. We were all out in the yard, eating figs and peaches; John Copeland all at once cried out: “Boys, there comes a young army of Black Creek men!” We all dodged into the house. Pool seized his gun, and says, “boys take your guns!” I said to him, “they will not trouble us; they are a company out hunting, and are coming in here for figs and water melons and other fruit; they are not in pursuit of us!” “Yes they are,” said Pool, “and I will sell my life as dear as I can!” So saying he cocked both barrels of his gun and pistol and eased his bowie knife in the sheath.

We had given no instructions, only to be silent and remain still. They seemed to separate and go in different directions. On coming near the house, some one of their company hailed to the balance, “come on, boys, here they are!” “There!” said Pool, “I told you so.” So soon as we heard this, we knew that we had been discovered, and that it was to kill or be killed.

I made my escape out of the house the first opportunity I saw, dodged around a big fig tree, and looked back a moment at the house. Pool was standing in the door with his gun at a poise. Harvey came round the corner of the house, on Pool’s right, and jumped into the gallery; Pool immediately fired, and struck Harvey in the left side. Harvey immediately squared himself and shot the contents of his whole load in Pool’s side, and fell on the gallery. Pool stepped into the yard, and another man shot him in the breast, and he immediately fell dead.

At this moment Stoughton and John Copeland jumped out of the door and ran; I wheeled immediately as the crowd rushed around the house, and ran. At the report of the next gun, the shot whistled all around my head, I then heard several guns. It appeared to me there must have been five hundred at that moment; and I have no doubt that I made the best running there that I ever made in my life before. In fact, it seemed to me that it was no trouble, that I never touched the ground, but flew over it.

After I had got a sufficient distance from the place, and found I was not pursued by any of their party, I stopped to reflect to myself, and wondered what had become of Stoughton and my bother John. Pool, I knew, must be dead, for I saw him fall, and the blood gush from the wound. I felt almost certain that Stoughton and my brother John were both killed also, from the number of guns I heard fired, as I thought.

It was then that I more seriously meditated on my situation than I ever had done before, and wondered to myself what I should do for the best. I felt very sad, and thanked my God for my providential escape, believing that all the rest of my comrades were in eternity. But after I had thus meditated and reflected upon the past, I felt that I deserved death, when all my crimes again stared me full in the face. I then formed a stern resolution within my own breast, that if God would permit me ever again to reach my home, that I would refrain from all my evil ways, and become a Christian, believing that God had been merciful to me, in preserving me, and hurling my comrades and associates into another world.

After a while I became more collected and concluded I would go over to Daniel Brown’s, who, I knew, did not live far from that place. I had been there but a short time when my brother John came up, bare-headed, and mud above his knees, where he had run through a muddy reed-brake. He called me to one side, and in a few words he told me that Stoughton was not killed, but Pool was, and that our enemies had left there. He saw them carrying Harvey away, and he thought Harvey was dead; that we had better go over and do something with Pool and get Stoughton, and leave.

This was on Sunday, the 15th of July, 1848. Several persons had accidently happened in at Brown’s that day. I went into the house and told the company what had happened over to the other house, since I left; that there had been some shooting done, and that Pool was killed, and I expected Harvey was; that we were on our way to Honey Island, and stopped there for the night; and that I had come over to Brown’s to get some bread baked, and that it had all occurred since I left; and that I would like to go over and do something with Pool, and see if Stoughton was killed. A number of persons went with us to the place, some ladies among the rest. When we got there we found Pool lying dead. We laid him straight on his back. I recollected that he had some money, and I soon sounded his pockets, and obtained one hundred and twenty dollars of the money I had given him. There was a five dollar gold piece missing. I took all he had. As he had other means, I knew that the money would do him no good then. I went into the house and got John Copeland’s hat, and went down to the side of the swamp and called Stoughton, and he came out. We were then all together again, except Pool.

We gathered our guns, returned to Brown’s, eat dinner, and left for home. But in the affray I had lost my memorandum book, and in that book was the diagram or map and directions where to find the money which belonged to Wages, McGrath and myself; I hunted for it diligently, but could not find it. It certainly went in a very mysterious way, and I have often since thought that the decree of Justice forbid me enjoying that money.

After we left Brown’s that day, we traveled on the same route we had come. We slept in the woods that night, and next day we got something to eat at Peter Fairley’s, and so continued our journey on home, where we arrived on Sunday, the 22d of July, having been gone just fourteen days. When we arrived, old Wages was highly pleased that Harvey was killed, and he and the old lady very promptly settled with us. He paid us off with his place on Big Creek, in part, and the balance in hogs, cattle, pony horses, carts and farming tools and utensils. My father and mother, with the family, removed to the place.

In a very little while after that, the times began to be very squally. Old Wages and his wife had to pull up stakes, take their negroes and leave the country, at a great sacrifice of their property. I was already an outlaw; my brother John now became one with me. Stoughton, like a fool, as he was, took a yoke of oxen, or some cattle, which he had received from Wages in part pay for his services, to Mobile for sale. While there, he was arrested and put in jail, under the requisition of the Governor of Mississippi, and conveyed from Mobile to Perry county, where he was tried and convicted twice. The first conviction was reversed by the Appellate Court, and while in prison, waiting a second hearing, he died. So went another of our clan to eternity.

I still continued laying out and hiding myself from place to place, fully intending to leave the country just as soon as I could settle my business; and I even made several appointments of times that I would go, but some way, or somehow, there appeared to be a supernatural power which controlled my every action, and I could not leave the vicinity of Mobile.

During that fall and winter my brother John and I made two trips from Big Creek to Catahoula to hunt for that money, and the last trip we made I was prepared to leave. Brother John had left the principal part of his money at home, and had to go back after it, and he prevailed on me to go with him. We returned to the vicinity of Mobile, where I loitered away my time for some month or two, and it seemed that my mind in some way became confused and impaired, and I took to drinking too much spiritous liquors. One day, some time in the spring of 1849, my brothers John, Thomas, Isham or Whinn, and I were at a little grocery store near Dog river, about twelve miles from Mobile. I drank too much spirits and became intoxicated, and in that situation I imagined every man I saw was trying to arrest me. I fell in with a man by the name of Smith, an Irishman, and a difficulty occurred between us; I concluded that he intended to arrest me. I drew my double-barrel shot gun upon him and intended to kill him. He was too quick for me; he threw up my gun, drew his dirk and stabbed me just above the collar bone. The wound did not quite penetrate the cavity of the chest, or it would have killed me; I threw down my gun and ran about two hundred yards and fainted. My brothers then carried me about two miles, and one of them went home and got a carriage and took me home. Smith went to Mobile and told the news. A party came out and tracked me up by the blood, and arrested and carried me to Mobile jail.

I was now in the worst situation I ever was in in my life. One indictment against me in Alabama for larceny, and another against me in Mississippi for murder, and the requisition of the Governor of Mississippi then in the hands of the officer to carry me there to be tried. The question was which trial to avoid; if found guilty, as I felt certain I would be, in both cases, one would be the penitentiary for not less than four years, and the other would be hanging. I employed the best counsel that could be procured in Mobile, and on consulting with him and making him fully acquainted with all the facts, he advised me to plead guilty of the larceny and go to the penitentiary of Alabama; “for,” said he, “you may stand some chance after your four years are out to make your escape from the clutches of the law in Mississippi. They may not think to file their requisition with the Governor of Alabama in time, and in that event, when your time expires, you will be let loose.”

My trial came on before my wound was near well, and I was brought into court and arraigned, and the indictment read to me in open court. When asked “are you guilty or not guilty?” I plead guilty, after which my counsel addressed the court and prayed its indulgence in passing sentence, and that the term of punishment be made as short as the law would permit, which was accordingly done, and sentence of four years at hard labor in the penitentiary of Alabama was passed upon me.

I accordingly served out my four years at Wetumpka, Ala., and all to avoid going to Mississippi to be tried for the murder of Harvey.

However, I did not evade the rigor of the laws of Mississippi. The vigilance of the Sheriff of Perry county threw a guard around me, that secured to him the possession of my person at the expiration of my time in the penitentiary of Alabama, and he immediately transferred me to the county jail of Perry county, Mississippi.

I remained in the jail of Perry and Covington counties upward of two years before I had a trial. I was found guilty of murder; and the sentence of death was passed upon me, and the day appointed for my execution. Within eight days of the time the Sheriff informed me that my time was only eight days, and that my rope, shroud and burial clothes were all ready. He then read to me the death warrant! My tongue nor pen cannot express my feelings on that occasion during that day and night. However, to my great joy, the next morning he brought me the glorious news that the clerk of the court had received a supersedeas and order to respite my execution, and carry my case to the High Court of Errors and Appeals.

I cannot express my joyful feelings on receiving this intelligence. It removed that cloud of horror and despair, which was lowering upon and around me, and renovated anew my whole soul. It was to me as a refulgent light from the sun of heaven cast upon the dark and gloomy vale; but, alas, how ephemeral that sunshine of joy and bliss! That fickle dame, Fortune, upon whose wheel I had so successfully floated in former days, finally brought me to the same point where I started.

I was, therefore, conveyed from the Perry county jail to the State penitentiary at Jackson, to await there a hearing of my case in the High Court of Errors and Appeals, and remained there about two years. In the meanwhile my case was argued before this Court, and the judgment reversed, and the cause remanded for further proceedings in the Circuit Court of Perry county.

TRIAL OF JAMES COPELAND.

TRANSCRIPT OF THE JUDICIAL PROCEEDINGS.

At the September term of said Court, in the year A. D. 1857, on Wednesday of the term, it being the 16th day of the month, James Copeland was taken to the Bar of the Court and arraigned upon an indictment, found by the following Grand Jury at the March term, 1857, to-wit: John McCallum, Lemuel Strahan, John W. Carter, Allen Travis, Lewis H. Watts, James Chappell, G. W. Rawls, Wm. Jenkins, Peter McDonald, Malachi Odom, Joseph G. Young, James M. Bradler, Sr., Stephen Smith, Wm. Hinton, Edmund Merritt, Sidney Hinton, Joseph T. Breeland, Henry Dearman, Lorenzo Batson and John Fairley, Foreman—which indictment was as follows:

STATE OF MISSISSIPPI, }
PERRY COUNTY. }

_In the Circuit Court of Perry County—At March Term, 1857._

The Grand Jurors for the State of Mississippi, summoned, empanneled, sworn, and charged to inquire in and for the State of Mississippi, and in and for the body of the county of Perry, upon their oath, present, that James Copeland, late of said county, on the 15th day of July, Anno Domini, one thousand eight hundred and fifty-eight, with force and arms in the county of Perry aforesaid, in upon one James A. Harvey, then and there being in the peace of God and the said State of Mississippi, feloniously, wilfully and of his malice aforethought, did make an assault; and that the said James Copeland, a certain shot gun, then and there loaded and charged with gun powder and divers leaden shot, which shot gun, so loaded and charged he, the said James Copeland, in both his hands, then and there, had and held, to, at, against and upon the said James A. Harvey, then and there feloniously, wilfully and of the malice aforethought of him, the said James Copeland, did shoot off, and discharge; and that the said James Copeland, with the leaden aforesaid, out of the shot gun aforesaid, then and there by force of the gun powder, shot and sent forth as aforesaid, the said James A. Harvey, in and upon the left side of him the said James A. Harvey, then and there feloniously, wilfully and of the malice aforethought of him, the said James Copeland, did strike, penetrate and wound, giving to the said James A. Harvey, then and there, with the leaden shot so as aforesaid, discharged and sent forth, out of the shot gun aforesaid, by the said James Copeland, in and upon the left side of him, the said James A. Harvey, a little below the left shoulder of him the said James A. Harvey, divers mortal wounds of the depth of three inches, and of the breadth of one quarter of an inch, of which the said mortal wounds, the said James A. Harvey, from the fifteenth day of July in the year aforesaid, until the twenty-fifth day of July in the year aforesaid, languished, and languishing did live; on which said twenty-fifth day of July in the year aforesaid, the said James A. Harvey in the county of Perry aforesaid, of the mortal wounds aforesaid, died; and the jurors aforesaid, upon their oaths aforesaid, do further present, that John Copeland, late of the county aforesaid, on the day and year first aforesaid, in the county of Perry aforesaid, feloniously, wilfully and of his malice aforethought, was present, aiding, abetting and assisting the said James Copeland the felony and murder aforesaid to do and commit; and the jurors aforesaid upon their oath aforesaid do say, that the said James Copeland and John Copeland him the said James A. Harvey, in manner and form aforesaid, feloniously, wilfully and of their malice aforethought did kill and murder, against the peace and dignity of the State of Mississippi.

GEORGE WOOD, _District Attorney_.

Upon this indictment was indorsed “A true bill signed, John Fairley, foreman.”

At the September Term the following proceedings were had in the case: “Be it remembered that there was begun and held a regular Term of the Circuit Court in and for the county of Perry and State of Mississippi, at the Court House of said county, in the town of Augusta, the place designated by law for holding said court, on the second Monday of September, in the year of our Lord one thousand eight hundred and fifty-seven, it being the 14th day of said month, present the Hon. W. M. Hancock, presiding Judge of the 8th Judicial District of Mississippi, George Wood, Esq., District Attorney for the said 8th Judicial District, James R. S. Pitts, Sheriff of Perry county and James Carpenter, Clerk of said Court.”

STATE OF MISSISSIPPI, }
_vs._ } MURDER.
JAMES COPELAND. }

This day comes George Wood, District Attorney, who prosecutes for the State of Mississippi, and the prisoner is brought to the bar in custody of the Sheriff, and upon notice of the District Attorney, a special venue for thirty-six free-holders, or house holders, of Perry county, and liable to jury service therein, ordered returnable to-morrow morning, at 8 o’clock; the prisoner, in his own proper person, waiving two days’ service of a list thereof and a copy of the indictment, consenting that it be returned at said time; and upon suggestion that the prisoner is insane, it is ordered that the Sheriff of Perry county summons twelve good and lawful men of said county, to be and appear before said Court on Tuesday morning at 8 o’clock A.M., to take inquisition as to the case of lunacy, and try whether the prisoner be of sound mind and understanding.

TUESDAY MORNING, 8 O’CLOCK.

Court met pursuant to adjournment. Present as on yesterday.

STATE OF MISSISSIPPI, }
_vs._ } MURDER.
JAMES COPELAND. }

This day comes George Wood, the District Attorney, who prosecutes for the State of Mississippi, and the prisoner is brought to the bar, in custody of the Sheriff, whereupon comes a jury of good and lawful men, to wit: Porter J. Myers, Malachi Odom, Sr., J. M. Bradley, Jr., Darling Lott, Malcolm McCallum, Angus McSwain, Q. A. Bradley, J. M. Bradley, Sr., Wm. H. Nicols, W. C. Griffin, D. S. Sapp and James Edwards, who are regularly summoned, elected and sworn, and well and truly to try an issue joined, ore tenus, whether or not the prisoner be of sound mind, and whether he possesses sufficient intellect to comprehend the cause of the proceedings on the trial, so as to be able to make a proper defense; or whether the appearance of insanity, if any such be proven, is feigned or not; and the evidence having been submitted to them in the presence of the prisoner, they retired to consider of their verdict, and in his presence returned the following, to-wit: “We, the jury, on our oaths, find the prisoner sane; that he possesses sufficient intellect to comprehend the cause of the prosecution on the trial, so as to be able to make a proper defense, and that the appearance of insanity which he has exhibited, is feigned.”

And thereupon the prisoner is arraigned on the charge of murder, as preferred by the bill of indictment; and upon said arraignment, says that he is not guilty in manner and form as therein and thereby charged, and for the truth of said plea he puts himself upon the country; and the District Attorney in behalf of the State of Mississippi doeth the like.

And thereon come the following good and lawful men of Perry county, to-wit: Zebulon Hollingsworth, J. J. Bradley, John A. Carnes, Francis A. Allen, Wm. W. Dunn, Adam Laird, who were regularly summoned on the special venue returned in this case, and who in the presence of the prisoner are regularly tried and chosen between the prisoner and the State; and the special venue being exhausted the Sheriff proceeded to call the regular jurors in attendance at this term, and Daniel S. Sapp, Seaborne Hollingsworth and Francis Martin were in the presence of the prisoner tried, and chosen between the State and the prisoner; and the regular jury being exhausted, the Sheriff is directed to summon thirteen bystanders as jurors, and from the number so summoned as last aforesaid, Milton J. Albritton was in presence of the prisoner duly tried and chosen between the State and the prisoner; and the said thirteen persons so last summoned being exhausted, it is ordered that a venue issue, commanding the Sheriff to summon twenty good and lawful men of Perry county, to be and appear before the court to-morrow morning at 8 o’clock, A. M., to serve as jurors in the trial of the issue aforesaid, and the prisoner is remanded to jail, and John W. Carter is sworn as bailiff to take charge of the jury.

WEDNESDAY MORNING, 8 O’CLOCK, SEPTEMBER 16, 1857.

STATE OF MISSISSIPPI, }
_vs._ } MURDER.
JAMES COPELAND. }

This day comes George Wood, District Attorney, and the prisoner is again brought to the bar, in custody of the Sheriff, and also comes the jury whom yesterday were duly tried, chosen and taken between the parties; and thereupon comes James M. Pitts and John H. Holder, who were this day returned as jurors in the case, in obedience to the command of the venue, last issued on yesterday; who in presence of the prisoner are regularly tried, chosen and taken between the parties; and the jury so chosen, as aforesaid, are empaneled and sworn, in the presence of the prisoner, well and truly to try the traverse upon the issue joined between the State and the prisoner aforesaid, and a true deliverance make according to the evidence; and the evidence is submitted to them in the presence of the prisoner, and the opening argument is heard, on the part of the District Attorney and the further consideration of the cause is continued until to-morrow morning, and the prisoner is remanded to jail.

THURSDAY MORNING, 8 O’CLOCK, SEPTEMBER 17, 1857.

STATE OF MISSISSIPPI, }
_vs._ } MURDER.
JAMES COPELAND. }

This day comes the District Attorney, and the prisoner is again brought to the bar in the custody of the Sheriff, and the argument is resumed and concluded; and the jury are instructed by the Court at the request of the counsel, in writing, and the jury retire to consider their verdict. And in the presence of the prisoner return the following, to-wit: “We, the jury, on our oaths, find the prisoner guilty in manner and form as charged in the bill of indictment;” and the prisoner is remanded to jail to await his sentence.

SENTENCE OF THE COURT.

FRIDAY MORNING, 8 O’CLOCK, SEPTEMBER 18, 1857.

STATE OF MISSISSIPPI, }
_vs._ } MURDER.
JAMES COPELAND. }

This day comes the District Attorney, and the prisoner, who was on yesterday convicted of the crime of murder, is again brought to the bar. And thereupon the prisoner by his counsel moves the Court for a new trial, which motion was fully heard and understood by the Court; and is by the Court here overruled. And to the opinion of the Court in overruling said motion, the prisoner by his counsel here excepts:

STATE VS. JAMES COPELAND. } MURDER.
MOTION FOR NEW TRIAL OF THE COLLATERAL. }

Issue joined as to the sanity of the defendant, and his capacity to make defense in the charge of murder.

1st. Because the Court erred in refusing instructions asked by defendant and in granting those asked by the State.

2d. Because said verdict is contrary to law and evidence.

TAYLOR & WILBORN, for Motion.

And the prisoner being asked what further he had to say why the sentence of death should not be passed upon him, says nothing in bar or preclusion. “It is therefore considered by the Court, here, and is so ordered and decreed, that the prisoner be taken hence to the jail from whence he came, and there safely kept until the thirtieth day of October, in the year of our Lord one thousand eight hundred and fifty-seven; and that the Sheriff take him thence on the said day, between the hours of ten o’clock in the forenoon and four o’clock in the afternoon of said day, to the place appointed by law, for execution; and that he, the said James Copeland, on the said day, between the hours aforesaid, be hung by the neck until he be dead.”

THE DEATH WARRANT.

THE STATE OF MISSISSIPPI,

TO THE SHERIFF OF PERRY COUNTY—_Greeting_:

Whereas, at the September term, A. D. 1857, of the Circuit Court of said county, on the fourth day of said term, James Copeland was duly convicted of the murder of James A. Harvey, by a verdict of a Jury chosen and sworn between the parties; and whereas, on Friday, the fifth day of said term, by the order and decree of said Court, the said Copeland was sentenced to be hung by the neck until he be dead, on the thirtieth day of October, in the year of our Lord one thousand eight hundred and fifty seven, between the hours of ten o’clock, A. M., and four o’clock, P. M., at the place appointed by law.

These are therefore to command you, in the name, and by the authority of the State of Mississippi, to take the body of the said James Copeland, and him commit to the jail of said county, and him there safely keep, until the said thirtieth day of October, and that on the said thirtieth day of October, between the hours of ten o’clock, A. M., and four o’clock, P. M., of said day, at the place appointed by law, you hang him by the neck until he be dead, dead, dead.

Given under my hand and seal, this, the 18th day of September, A. D. 1857.

[Seal.] W. M. HANCOCK, _Judge_.

THE EXECUTION.

The day arose clear and beautiful on which the sentence of the law and of outraged humanity was to be executed on the man who had so often violated their most sacred behests. The sky was blue and serene; the atmosphere genial; all nature was calm and peaceful; man alone was agitated by the various strong emotions which the execution of the fatal sentence of retributive justice on a fellow-man could not but create.

The place of execution was distant from the city of Augusta one-quarter of a mile. The gallows was erected on a beautiful elevation that was surrounded by the verdure of shrubby oak and the tall, long-leaf pine. The ground was everywhere occupied by thousands of spectators, gathered from Perry and the surrounding counties, to witness the solemn scene. It was indeed one that they will long remember.

About the hour of noon, the prisoner, after being neatly clad, was led from the jail by the officers of the law, placed in the ranks of the guard formed for the occasion, and the procession moved slowly toward the fatal spot.

Soon the doomed man appeared on the gallows. The death warrant was then read to him, and he was informed that he had but a short time to live.

He proceeded to address the awe-struck and silent multitude. He especially urged the young men present to take warning from his career and fate, and to avoid bad company. His misfortune he attributed principally to having been misled while young.

When he had concluded, a number of questions were asked by the immediate spectators, in relation to crimes which had transpired within their knowledge; but he would give no direct answer—shrewdly eluding the inquiries.

The Sheriff then asked him, in hearing of many lookers-on, if the details of his confession, previously made to that officer, were true. He replied that they were.

His hands were then tied and the cap pulled over his face, and he was told that he had but a few moments to live. He exclaimed, “Lord, have mercy on me!” and he was praying when the drop fell, and a brief struggle ended his blood-stained career.

GRAND JURY.

John McCullum,
Lemuel Strahan,
John W. Carter,
Allen Travis,
Lewis H. Watts,
James Chappell,
G. W. Rawls,
Wm. Jenkins,
Peter McDonald,
Malachi Odom,
Joseph G. Young,
Jas. M. Bradley, Sr.,
Stephen Smith,
Wm. Hinton,
Edmund Merritt,
Sidney Hinton,
Jos. T. Breeland,
Henry Dearman,
Lorenzo Batson,
John Fairley, _Foreman_.

WITNESSES.

Wm. Johnson,
Chancey B. Stevens,
Wm. Laudman,
Gibson Waley,
John Anderson,
Wm. C. Griffin,
Moses Fullingam,
Laoma Batson,
Jas. Batson,
David Dubusk, Sr.,
Jefferson Williams,
David Dubusk, Jr.,
Wm. Griffin,
Peter Fairley, Sr.,
Peter Fairley, Jr.,
Alexander Fairley,
Sampson Spikes,
Westley Spikes,
W. H. Nicols,
John Fairley, _Prosecutor_.

MEMBERS OF THE COPELAND AND WAGES CLAN.

J. Baker,
C. W. Moore,
W. W. Ratlief,
G. Buskings,
J. Harper,
J. Bowings,
J. W. Westly,
J. Whitfield,
J. Whitlom,
J. Porter,
J. Butler,
J. Hopkins,
J. Harper,
W. P. Hobs,
W. C. Whelps,
Jasper Whitlow,
E. Sharper,
T. Powell,
J. Doty,
D. Doty,
S. S. Shoemake,
J. Gillet,
W. Brown,
J. Taylor,
S. Teapark,
J. Pool,
John Copeland,
T. Copeland,
Henry Copeland,
Wm. Copeland,
J. Elva,
H. Sanford,
R. Cable,
J. Hevard,
G. Daniels,
G. H. Wages,
C. H. McGraffin,
Chas. McGrath,
J. Welter,
G. Welter,
A. Brown,
D. Brown,
N. McIntosh,
E. Myrick,
J. F. Wright,
J. Dewit,
W. Ross,
W. Sanferd,
J. McClain,
S. Harden,
J. Harden,
J. Waters, Jr.,
G. Clealand,
— Moulton,
— Overall,
G. Young,
Thos. Hix,
J. Alfred,
J. Kelly,
A. Watson.

NOTE.—If the guilty should not, by any means be screened, yet if positive doubts exist, the suspected should have the benefit of such doubts. Accordingly the initials to the names of Moulton and Overall have been omitted; as the jury on “trial” expressed doubts as to what particular parties Copeland referred to in the names given. There are many by the same name, and even part of the same initials, yet have no affinity in anything else. It is said that “public sentiment is seldom wrong, and never wrong long;” therefore with all the circumstances before it, it is requested that the public will approach the subject with an unprejudiced mind, and decide faithfully and justly to all parties concerned.

LETTER OF JAMES COPELAND TO HIS MOTHER.

(_Written the night before his Execution._)

AUGUSTA, MISSISSIPPI, October 29th, 1857.

MRS. REBECCA COPELAND:

_My dear Mother_—It is with painful feelings indeed, that I attempt writing to you on the present occasion. I take this opportunity, knowing at the same time, that it is the last one of the kind which I shall ever be permitted to enjoy while here on earth. It is long and much that I have suffered while in prison since my first confinement in Mobile county, and yet it seems as though nothing will pay the debt but my life. I have had my trial and was convicted upon a charge of murder, and I have received the awful sentence of death. The sheriff told me to-day, that to-morrow at 2 o’clock I will be hanged, according to the order of court. Oh, my dear mother, what an awful sound is this to reach your ear. Oh, would it could be otherwise; but you are aware that I justly merit the sentence. You are knowing to my being a bad man; and dear mother, had you given me the proper advice when young, I would now perhaps be doing well. It is often I have meditated on this subject since my confinement in prison, and often have I recollected my good old father’s advice when I was young, and repented a thousand times over, with sorrow and regret, that I have failed to receive it as good, benevolent advice. If such a course I had taken, I have no doubt, but what I would be doing well at this time. But it is too late now to talk of things past and gone. The time has come when I shall have to take my departure from this world, and it pains my heart, to know that I have to leave you and my brothers and sisters; and much am I mortified to think how distantly you have treated me while here in prison. Not the first time have you been to see me; but I can freely excuse you for all this, and I do hope you will prepare to meet Jesus in Heaven.

Dear Mother, long has the time been that life was not any satisfaction to me. I am now in the dungeon with the cold and icy bands clasped around me, and cold as clay. Much have I suffered, but after two o’clock to-morrow, my troubles will all be over, or worse than they are at present. This I am not able to tell. I have been preparing to meet my God, praying diligently for mercy and for the pardon of my sins, but I do not know whether my prayers have been heard or not.—The Scriptures say “that the spirit of the Lord shall not always strive with man,” and again say: “he that calls upon the Lord in the last hours shall be saved.” If so, I feel some spark of hope, but I tell you this hope is hanging upon a slender thread.

Dear Mother, it makes the tears trickle down my cold checks to have to pen this statement to you. Dear Mother, I have to close this letter. My heart is overflowed already, so when you receive this, you can keep it as a memorial, and remember that poor Jim is no more on earth; that he has bid you a long farewell.

Dear Mother, it appears as though my heart will break at the very thought of this. Oh, could I but see you once more before my death, it would give my aching heart some relief; but we have to part without this pleasure.

Now my good old Mother, I bid you a long farewell, forever and forever.

JAMES COPELAND.

MYSTIC ALPHABET

Used by the Copeland and Wages Clan, in their secret correspondence and documents.

P Q R S T U V W X Y Z &]

APPENDIX.

PLANS DEVISED TO PRESERVE THE LIFE OF COPELAND.

THE LAST BOLD EFFORTS TO SAVE THE LIFE OF JAMES COPELAND
PROVED INEFFECTUAL; BUT THE SAME AGENTS SUCCEEDED
BY REFINED MOVEMENTS IN PROCURING THE
ACQUITTAL OF JOHN COPELAND.

The organization of the Wages and Copeland Clan embraced a diversified talent of an extraordinary grade in different departments of operations. It commanded some of the ablest ability belonging to the bar and the medical profession, with other agents who could be hired or engaged for temporary assistance. It requires more than a cursory contemplation to anything like a full comprehension of the lengths, and breadths, and depths of its vast theaters of operations. Many, perhaps, not admitted to the council and secret conclaves of the organization, could be engaged for a stipulated sum to perform important services in defense and protection of its active members, who might inwardly condemn its pernicious fields of operations against the best interests of society. Whether such conduct can stand the test of reason and argument it is for others, with the reader, to determine. The worse the case the richer the fees for the lawyer, and so of the medical profession. As frequently happens, the lawyer scruples at nothing to win a victory for his client. In some places this course is fashionable and not at all odious. As long as the attorney keeps his defense within legitimate bounds, and avails himself of every lawful opportunity for the advantage of his client, no well-balanced mind can be disposed to censure, because on the other side, the prosecution will do the same. But when foul and corrupt means are resorted to; when the most vicious and depraved of actions are brought in play to screen the guilty and make crime respectable, then it is that public sentiment should be loud against such abominations, no matter whether against the medical or legal profession, or against any other class who can be brought to perform the services of infamy.

The period betwixt the imprisonment and execution of James Copeland, three parties from Alabama came and settled in Perry county, Miss., one in, and the other two about Augusta. These three performed their part so well—so concealed and reserved as to pass for gentlemen in the highest degree respectable. But few, if any, had suspicion until afterward of their object to assist the captured in escaping the last penalties of outraged law.

One of the three, who settled in Augusta; a skilled doctor and surgeon, behaved himself so well in every respect—on all occasions exhibiting a winning and an affable deportment—everybody’s friend with the most lavish of generosity—sparing no exertions to gain the confidence and admiration of those in power and of influence; this is the man who proposed to the sheriff the plan to save the life of James Copeland. This proposition was made betwixt the time of his conviction and execution. The particulars are as follows:—The doctor to the sheriff: “There is now a fine opportunity of making one thousand dollars in gold, providing that you will act in concert with me in permitting certain things to be done before the execution of Copeland.” There was something so bland, so expert, and so graceful in the conduct of the strange doctor as to make him friends wherever he went. He insinuated himself into the confidence of the sheriff; and when the proposition was made for certain things to be done before execution, for and in consideration of a thousand dollars, the curiosity of the sheriff could not be otherwise than powerfully excited to learn all particulars of the plan in contemplation, and, accordingly, so far indulged or humored the beginning so as to obtain the whole of what was then behind. The doctor continued, and gave the name of him who had a thousand dollars to pay for the preservation of the life of Copeland; and to be done in the following manner, secure from exciting any suspicion whatever. The doctor to the sheriff: “Allow me about half an hour before the time arrives for your taking him out of jail to the place of execution, to go in under the pretence of shaving and dressing him suitably to the solemnity of the occasion, during which time I will perform an operation in tracheotomy by inserting into the trachea, or wind-pipe, a small silver tube sufficient for the admission of air into the lungs to keep up some degree of respiration, so that when he shall have hung the allotted time, he can be cut down and by an extension of the tube, he can be so buried as to prevent the extinction of life; which, as soon as convenient, he can be disinterred and so cared for by artful means until the recovery so far progress as will enable him to successfully escape.”

The sheriff listened to all this with a smile, and treated the whole as rather a plausible romance than a possible reality; but firm to the duties of his office, he yielded not to the temptation; yet to maintain good faith as to what transpired before the proposition was fully made, and for prudent considerations in regard to his own safety, he has refrained from publishing this narrative at an earlier date, because conscious that the public interests, though delayed, would best be served by so doing in the long run.